Month: March 2023

I B C, 2016 – S 12A – application under section 12A for withdrawal cannot be said to be kept pending for constitution of CoC, even where such application was filed before constitution of CoC HELD substituted Regulation 30A of IBC as it stands clearly provided for withdrawal applications being entertained before constitution of CoC – It does not in any way conflicts or is in violation of section 12A of IBC.

SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK SINGH — Appellant Vs. HUHTAMAKI PPL LIMITED AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. ) Civil Appeal…

(IPC) – Ss 302 & 149 – Murder – Acquittal – scribe of FIR not examined – PW-1 stated that she had no knowledge of the contents of the FIR -Death was homicidal but not convinced that the prosecution has established the case beyond reasonable doubt against the accused appellants – Conviction and sentence are set aside

SUPREME COURT OF INDIA FULL BENCH PULEN PHUKAN AND OTHERS — Appellant Vs. THE STATE OF ASSAM — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.…

(IPC) – Ss 279 and 304A – Causing death by negligence – driving the Scorpio in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in the ambulance sustained the injuries – Orders passed by the H C reducing the sentence while maintaining the conviction for the offence under Section 304A of IPC from two years RI to eight months SI quashed and set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB — Appellant Vs. DIL BAHADUR — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal Appeal No. 844…

(NDPS) – Ss 8, 20, 27-A, 29, 32 and 37 – Recovery of ganja – no person accused of an offence involving trade in commercial quantity of narcotics is liable to be released on bail unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence and that he is not likely to commit any offence while on bail – Bail cancelled.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. AJAY KUMAR SINGH @ PAPPU — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal…

Rape and Murder – where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed­term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the IPC, shall be of a fixed period of more than fourteen years, for example, of twenty years, thirty years and so on

SUPREME COURT OF INDIA DIVISION BENCH SHIVA KUMAR @ SHIVA @ SHIVAMURTHY — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ.…

Service Matters

General Reserve Engineer Force Group ‘C’ and Group ‘D’ Recruitment Rules, 1982 – Promotion to post of Superintendent BR Grade-I and Assistant Engineer -denial of promotion is on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering” and “Diploma in DED” possessed by them is not as prescribed under the Rules – Appeal dismissed

SUPREME COURT OF INDIA FULL BENCH UNNIKRISHNAN CV AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Manoj Misra and Aravind…

Service Matters

Jammu and Kashmir Subordinate Services Recruitment Rules, 1992 – Rule 9 – Appointment of drug inspectors – A doctor by profession with a Post Graduate degree (MD) and Ph.D. in Pharmacology was in any way cannot underqualified or unsuitable for her role on the Selection Board – But, a pharmacologist is more appropriate to interview the candidates for the post of drug inspector

SUPREME COURT OF INDIA DIVISION BENCH TAJVIR SINGH SODHI AND OTHERS — Appellant Vs. THE STATE OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : K.M. Joseph and…

(CrPC) – Ss 436A and 439 – NDPS S 20, 25, 29 and 37 – Bail – Possession of 180 kilograms of ganja – Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too – Where the accused belongs to the weakest economic strata

SUPREME COURT OF INDIA DIVISION BENCH MOHD MUSLIM @ HUSSAIN — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. )…

Consumer Protection Act, 1986 – Section 2(i)(g) – proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission HELD burden of proving the deficiency in service would always be upon the person alleging it.

SUPREME COURT OF INDIA DIVISION BENCH THE CHAIRMAN & MANAGING DIRECTOR, CITY UNION BANK LIMITED AND ANOTHER — Appellant Vs. R. CHANDRAMOHAN — Respondent ( Before : Ajay Rastogi and…

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