Month: October 2022

HELD modify the sentence imposed for the offence under Sections 376(2)(i) and 376(2)(m) of IPC and for the offence under Section 5 (i) and 5 (m) read with Section 6 of the POCSO Act, so as to commensurate the said sentences with the sentence imposed for the offence under Section 376(A) of IPC, and accordingly imposes sentence directing the appellant/petitioner to undergo imprisonment for a period of twenty years instead of life imprisonment for the said offences.

SUPREME COURT OF INDIA FULL BENCH MOHD. FIROZ — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and Bela M.…

Held Trial court directions restored whereby temporary injunction granted – defendants to maintain status quo with respect to the Will property till final disposal of the suit and, the defendants would furnish the details and account of the movable property of the deceased-Ishwarbhai Madhavbhai Patel from the date of his death within 30 days from the date of the order – Suit be expedited

SUPREME COURT OF INDIA DIVISION BENCH HARISH ISHWARBHAI PATEL — Appellant Vs. JATIN ISHWARBHAI PATEL AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) Civil…

Motor Vehicles Act, 1988 – Section 168 – Just Compensation – Section 168 of the Act deals with the concept of “just compensation” and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard – claimants cannot expect a wind fall but compensation so granted cannot be PITTANCE

SUPREME COURT OF INDIA DIVISION BENCH RAJ BALA AND OTHERS — Appellant Vs. RAKEJA BEGAM AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil…

Promissory Estoppel – Doctrine of estoppel will not be applied against the State in its governmental, public or sovereign capacity – to permit an estoppel to be operated against the legislative functions of the Parliament is a fallacy – Claim of the appellants on estoppel is without merit and deserves to be rejected.

SUPREME COURT OF INDIA DIVISION BENCH M/S HERO MOTOCORP LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai and B.V. Nagarathna, JJ. )…

(IPC) – Sections 302 and 149 – Murder – Non-recovery of the weapons cannot be a ground to discard the evidence of the injured eye witnesses -HELD in order to make culpable homicide as murder the act by which death is caused should fall not only under any one or more of clauses firstly to fourthly under Section 300, IPC but they should also not fall under any of the five exceptions to Section 300, IPC –

SUPREME COURT OF INDIA DIVISION BENCH GURMAIL SINGH AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ.…

Education – Provisional admission to post-graduate medical courses – Schedule for admission to the post-graduate medical courses must be followed strictly leaving no discretion to any authority to permit admissions over the cut-off date under schedule for admission to post-graduate medical courses

SUPREME COURT OF INDIA DIVISION BENCH BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA — Appellant Vs. DR. PRIYAMBADA SHARMA AND OTHERS — Respondent ( Before : Ajay…

You missed

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.