July 2017 - Page 7 of 8 - Supreme Court of India Judgements

Criminal Procedure Code, 1973, S.482 & S.438-Quashing-lnherent Powers- Anticipatory Bail–S.438 CrPC has been deleted in State of Uttar Pradesh-Wherever the High Court finds that in a given case if the protection against pre-arrest is not given, it would amount to gross miscarriage of justice

Jul 8, 2017 sclaw

2017(1) Law Herald (SC) 238 : 2017 LawHerald.Org 516 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal Appeal…

Education

Education Law—Admission–MBBS Course-Non-admission due to fault of counseling body-Grant of monetary compensation should not be considered as the sole and adequate remedy for a student who has been deprived of admission

Jul 8, 2017 sclaw

2017(1) Law Herald (SC) 226 : 2017 LawHerald.Org 558 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Rohinton Fali Nariman Civil…

Service

Appointment — The Appellants were not appointed by following the regular procedure of appointment. Under Rule 4(1), recruitment could be made to the newly-created State Civil Service by competitive examinations to be held by the Sikkim Public Service Commission

Jul 7, 2017 sclaw

(2014) 143 FLR 777 : (2014) 10 SCALE 625 : (2014) 10 SCC 357 : (2015) 1 SCC(L&S) 56 : (2014) 4 SCT 695 : (2015) 2 SLJ 18…

I P C

Prosecutrix was not a reliable witness as her statement was not corroborated by medical evidence – Court hold that the High Court fell into error in rejecting the clear and natural testimony of the prosecutrix – Appeal allowed.

Jul 7, 2017 sclaw

(1994) 5 JT 436 : (1994) 3 SCALE 879 : (1994) 5 SCC 728 : (1994) 2 SCR 799 Supp SUPREME COURT OF INDIA NARAYANAMMA (KUM) — Appellant Vs.…

Land Acquisition

Land Acquisition Act, 1894 – Sections 23 and 24 – Acquisition of land in excess of ceiling – Determination of compensation – Land in excess of ceiling exempted by the Government – Land not vesting in Government – Acquisition under the Act, permissible – Land owner is entitled to compensation under the Act as acquisition is not under Land Ceiling Act.

Jul 7, 2017 sclaw

AIR 1996 SC 3142 : (1996) 3 JT 629 : (1996) 3 SCALE 140 : (1996) 3 SCC 282 : (1996) 3 SCR 772 SUPREME COURT OF INDIA GOVERNMENT…

C P C

Civil Procedure Code, 1908 (CPC) – Order 15, Rule 1 – Withdrawal of admission – Where the defendants have admitted that part of the property was joint family property but later on such admission sought to be withdrawn, by amendment of written statement

Jul 6, 2017 sclaw

AIR 1998 SC 618 : (1997) 9 JT 267 : (1997) 7 SCALE 196 : (1998) 1 SCC 278 : (1997) 5 SCR 277 Supp : (1998) 1 UJ…

Acquittal

Clothes recovered, not proved belonging to accused – Motive on part of accused also not proved – Delay in reporting matter to police also appearing – Prosecution could not be said to have proved its case beyond reasonable doubt – Accused acquitted by giving benefit of doubt.

Jul 6, 2017 sclaw

AIR 2008 SC 1021 : (2008) CriLJ 1046 : (2008) 1 JT 191 : (2008) 1 SCALE 126 : (2009) 17 SCC 273 : (2011) 1 SCC(Cri) 1001 :…

Acquittal

Penal Code, 1860 (IPC)-Section 300 – Murder – Custodial death – Case based on circumstantial evidence – Deceased allegedly brought to police station where he died of injuries from severe beating – No evidence about offence in regard to which deceased was brought to police station – No evidence to prove alleged beating – Prosecution case not supported by medical evidence – Circumstances not sufficient to prove guilt of accused – Conviction set-aside.

Jul 6, 2017 sclaw

AIR 1998 SC 370 : (1998) CriLJ 662 : (1998) 4 JT 384 : (1997) 7 SCALE 30 : (1998) 9 SCC 17 : (1997) 5 SCR 154 Supp…

Service

Service Law—Pay Scales—Non teaching staff of Private Unaided Institutes held entitled to revised pay scales along with teaching staff.

Jul 3, 2017 sclaw

2017(1) Law Herald (SC) 202 : 2017 LawHerald.Org 592 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…

Constitution

Schedule Caste—Central and State Government directed to strictly enforce the provisions of SCST Act. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-Non implementation of provisions—There has been a failure on the part of the concerned authorities in complying with the provisions of the Act and Rules

Jul 3, 2017 sclaw

2017(1) Law Herald (SC) 193 : 2016 LawHerald.Org 2528 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice Dr. D. Y.…

Criminal Procedure Code, 1973, S.482 & S.438-Quashing-lnherent Powers- Anticipatory Bail–S.438 CrPC has been deleted in State of Uttar Pradesh-Wherever the High Court finds that in a given case if the protection against pre-arrest is not given, it would amount to gross miscarriage of justice

Education Law—Admission–MBBS Course-Non-admission due to fault of counseling body-Grant of monetary compensation should not be considered as the sole and adequate remedy for a student who has been deprived of admission

Appointment — The Appellants were not appointed by following the regular procedure of appointment. Under Rule 4(1), recruitment could be made to the newly-created State Civil Service by competitive examinations to be held by the Sikkim Public Service Commission

Prosecutrix was not a reliable witness as her statement was not corroborated by medical evidence – Court hold that the High Court fell into error in rejecting the clear and natural testimony of the prosecutrix – Appeal allowed.

Civil Procedure Code, 1908 (CPC) – Order 15, Rule 1 – Withdrawal of admission – Where the defendants have admitted that part of the property was joint family property but later on such admission sought to be withdrawn, by amendment of written statement

Clothes recovered, not proved belonging to accused – Motive on part of accused also not proved – Delay in reporting matter to police also appearing – Prosecution could not be said to have proved its case beyond reasonable doubt – Accused acquitted by giving benefit of doubt.

Service Law—Pay Scales—Non teaching staff of Private Unaided Institutes held entitled to revised pay scales along with teaching staff.

You missed

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Supreme Court of India Judgements

Month: July 2017

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