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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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Latest Cases

(981) PRAKASH NISHAD @ KEWAT ZINAK NISHAD Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 19-05-2023
Penal Code, 1860 (IPC) - Sections 376, 377, 302 and 201 - Death Sentence - Acquittal - Rape and murder of a six-year-old, after committing which he had thrown her body in a drain in an attempt to destroy evidence - DNA evidence by way of a report was present, its reliability is not infallible, especially not so in light of the fact that the uncompromised nature of such evidence cannot be established; and other that cogent evidence as can be seen from our discussion above, is absent almost in its
India Law Library Docid # 1603283

(982) THE STATE OF KARNATAKA AND OTHERS Vs. SMT. BHARATHI S. [SUPREME COURT OF INDIA] 19-05-2023
Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 - Entry 66 - Mere publication of the Additional List does not create any right to be appointed - There is no such mandate in the Rule - Entry 66 of the Rules merely provides that the Selection authority shall prepare and publish an Additional List of candidates not exceeding ten percent of the vacancies and the said list shall cease to operate from the date of publication of notification for sub
India Law Library Docid # 1603284

(983) M/S GLOCK ASIA-PACIFIC LTD. Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 19-05-2023
Arbitration and Conciliation Act, 1996 - Sections 11(6), 12 and 12(5) - Appointment of Sole Arbitrator - Arbitration clause which authorises the Secretary, Ministry of Home Affairs, whose relationship with Union of India is that of an employee, to nominate an officer of the Ministry of Law and Justice to act as a Sole Arbitrator, clearly falls within the expressly ineligible category provided in Paragraph 1 of Schedule VII, read with Section 12(5) of the Act - Application under Section 11(6) of
India Law Library Docid # 1603285

(984) K C NINAN Vs. KERALA STATE ELECTRICITY BOARD AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023
Electricity Act 2003 - A condition enabling the distribution licensee to insist on the clearance of the arrears of electricity dues of the previous consumer before resuming electricity supply to the premises is valid and permissible under the scheme of the 2003 Act.
India Law Library Docid # 1603286

(985) SENTHILBALAJI V. @APPELLLANT Vs. A.P. GEETHA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023
Election Law - Allegation of corrupt practice - As material facts regarding allegations of corrupt practice have not been pleaded, the election petition does not disclose any cause of action as far as the ground of corrupt practice is concerned.
India Law Library Docid # 1603287

(986) K.J. SOMAIYA MEDICAL COLLEGE AND RESEARCH CENTRE AND ANOTHER Vs. MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES AND OTHERS ETC. [SUPREME COURT OF INDIA] 19-05-2023
Service Law - Appointment to post of lecturer - Appellants agreed that the three lecturers were duly qualified in terms of the Rules existing at the time of their respective appointments and that the 3rd respondent-the Medical Council of India permitted them to do the teaching job till the Medical College was affiliated to the 1st respondent-University in the year 1998 - As this was a clear concession made by the appellants themselves, the High Court was right in not accepting the contention of
India Law Library Docid # 1603288

(987) ALL INDIA JUDGES ASSOCIATION Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 19-05-2023
Judicial Service - Judicial officers Pension - In the case of payment of arrears of pay, this Court had by Orders dated 27.07.2022 and 18.01.2023 already directed that all arrears of pay be cleared by 30.06.2023 - In this regard, it is directed that compliance affidavits must be filed by all States and Union Territories by 30.07.2023 that the arrears of pay have been positively credited into the accounts of the concerned officers - The revised rates of pension, which have been approved by this C
India Law Library Docid # 1603276

(988) THE GOVERNMENT OF ANDHRA PRADESH AND OTHERS Vs. M. RAMA RAO AND OTHERS. ETC. [SUPREME COURT OF INDIA] 19-05-2023
Service Law - Reservation - Government Office Memorandum (G.O.Ms.) issued Government of Andhra Pradesh providing for 100% reservation in favour of local scheduled tribal candidates for the post of teacher in all schools situated in Scheduled Areas was held to be unconstitutional.
India Law Library Docid # 1603277

(989) OM PRAKASH BANERJEE Vs. THE STATE OF WEST BENGAL & OTHERS [SUPREME COURT OF INDIA] 19-05-2023
The present appeal is directed against the judgment and final order dated 10.12.2019 passed by the High Court of Judicature at Calcutta (hereinafter referred to as ‘High Court’) in MAT No. 611 of 2018 and CAN No. 10038/2018 filed by the Appellant herein against the order dated 04.05.2018 passed by a Single Judge of the High Court in Writ Petition No. 31399 (W) of 2017, seeking regularisation of service.
India Law Library Docid # 1603363

(990) UNION PUBLIC SERVICE COMMISSION Vs. GAURAV SINGH AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023
Eligibility for the Economically Weaker Section [EWS] Category - The case involves the Union Public Service Commission (UPSC) appealing against a High Court order that allowed certain candidates to be considered under the Economically Weaker Section (EWS) category for civil posts - The main issue is the validity of the Income and Asset Certificates provided by the candidates, which are crucial for EWS eligibility - UPSC argued that the certificates were not in accordance with the stipulated fin
India Law Library Docid # 1882493

(991) STATE OF UTTARAKHAND AND ANOTHER Vs. RAVI KUMAR (DECEASED) THROUGH LRS AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023
Land Ownership Disputes - Appeals have been pending before this Court for more than 15 years - There are indeed compelling circumstances which have been left unanswered by the courts below, because of which determination of several factual issues have been left in limbo - It expedient to remand the present appeals back to the High Court for fresh adjudication - High Court to take up these matters at the earliest and dispose of the same as early as possible, preferably within a period of upcoming
India Law Library Docid # 1603238

(992) SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE Vs. STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023
Civil Suit - Declaration of Wakf Property - In the absence of any evidence of valid creation of a wakf in respect of the suit property, it cannot be recognized as a wakf so as to allow it to be continued as a wakf property irrespective of its use or disuse as a burial ground
India Law Library Docid # 1603239

(993) M/S B AND T AG Vs. MINISTRY OF DEFENCE [SUPREME COURT OF INDIA] 18-05-2023
Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of arbitrator - Encashment of Bank guarantee - Adjudication of disputes and claims - When the bank guarantee came to be encashed in the year 2016 and the requisite amount stood transferred to the Government account that was the end of the matter - This "Breaking Point" should be treated as the date at which the cause of action arose for the purpose of limitation - Negotiations may continue even for a period of ten years or twen
India Law Library Docid # 1603242

(994) THE ANIMAL WELFARE BOARD OF INDIA AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 18-05-2023
Prevention of Cruelty to Animals Act, 1960 - Sections 3, 11(1)(a) and (m) - Validity of amendments made by Tamil Nadu to Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, thereby permitting bovine sport 'Jallikattu' and 'Bullock Cart Race' is upheld - Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 does not go contrary to the Articles 51-A (g) and 51-A(h) and it does not violate the provisions of Articles 14 and 21 of the Constitution of India - Tamil Nadu Amen
India Law Library Docid # 1603230

(995) ARTI DIXIT AND ANOTHER Vs. SUSHIL KUMAR MISHRA AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023
Provincial Small Cause Courts Act, 1887 - Section 17 - Security furnished in the form of the rented shop belonging to a third party cannot be accepted as security in law - If security is given, which is later found to be unacceptable even if it is within 30 days within the meaning of Article 123 of the Limitation Act, then it would not be complying with Section 17.
India Law Library Docid # 1603231

(996) CHANCHALPATI DAS AND ANOTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 18-05-2023
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 468, 471, 406 and 120-B - Quashing of criminal complaint - Theft of bus - Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint - There remains no shadow of doubt that the complaint filed by the complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the
India Law Library Docid # 1603232

(997) SAKSHI ARHA Vs. THE RAJASTHAN HIGH COURT AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023
Judicial Service - Rajasthan Civil Judge Recruitment - Validity of denial of appointment to post of civil judge - Split view - Matter be placed before Honble Chief Justice of India.

As Per : Ajay Rastogi, J. :-

Judicial Service - Rajasthan Civil Judge Recruitment - Validity of denial of appointment to post of civil judge - Members of Other Backward Classes (Non-Creamy Layer i.e., NCL); More Backward Class (NCL) and from the category of Economically Weaker Section (EWS),
India Law Library Docid # 1603233

(998) RAVI MANDAL Vs. STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 18-05-2023
Penal Code, 1860 (IPC) - Section 302 read with section 34 - Arms Act, 1959 - Sections 4 and 25 - Acquittal - Murder - Testimony of witness - Mere chance witness, whose presence at the spot, at that hour, is not satisfactorily explained therefore, bearing in mind that he kept silent for unusually long i.e. for more than three and a half months, his testimony is not worthy of any credit - Insofar as forensic report/ballistic report is concerned, the same has not even been put to appellant, from wh
India Law Library Docid # 1603234

(999) GIAN CHAND Vs. STATE OF HIMACHAL PRADESH [SUPREME COURT OF INDIA] 18-05-2023
Penal Code, 1860 (IPC) - Section 304-II - Reversal of acquittal - Culpable homicide not amounting to murder - Fatal injuries were suffered by the deceased due to fall from a 'danga' - No error has been committed by the High Court in reversing the judgment of acquittal passed by the Trial Court.
India Law Library Docid # 1603235

(1000) CAPTAIN MANJIT SINGH VIRDI (RETD.) Vs. HUSSAIN MOHAMMED SHATTAF AND OTHERS [SUPREME COURT OF INDIA] 18-05-2023
Evidence - Psychological Evaluation test report only may not be sufficient to convict an accused but certainly a material piece of evidence.
India Law Library Docid # 1603236