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Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted. Penal Code, 1860 (IPC) — Section 294(b) — Conviction for uttering obscene words — Held, mere use of the word “bastard” is not sufficient to constitute obscenity, especially in heated conversations during the modern era — Conviction under Section 294(b) IPC is not sustainable and is liable to be set aside. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Medical negligence — Consent for surgery — Allegation of interpolation in consent form for Orchidectomy — Medical Board’s opinion that Orchidectomy was an appropriate procedure in cases of undescended testicle and that consent should have been obtained — No evidence of interpolation in consent form (different ink or handwriting) — Consent form indicated both Orchidopexy and Orchidectomy as options. Held, continuance of criminal proceedings would be an abuse of process of court and liable to be quashed. Appeals allowed, impugned High Court judgment set aside, and proceedings quashed Extraordinary Jurisdiction of Supreme Court (Article 136) — Equitable relief — Not granted to litigants whose conduct is callous, lackadaisical, and in clear violation of applicable rules and regulations — Commercial decisions of State Government not substituted by court. Constitution of India, 1950 — Article 14 — Public power, allocation of public resources, award of public contracts, execution of public works — State bound to act transparently, fairly, and consistently with equality — Process must withstand objective scrutiny and be free from arbitrariness, favouritism, or undisclosed conflicts of interest — Public confidence in governance requires equality, integrity, and accountability.

“Arbitration Clause Dispute Settled: Supreme Court Rules Against Appointing Sole Arbitrator in Weir Construction Contract” – The Court analyzed the applicability of the arbitration clause and found that a general reference to the tender documents does not incorporate the arbitration clause into the contract – The Court discussed the conditions under which an arbitration clause from one document can be incorporated into another contract, emphasizing the need for a specific reference to the arbitration clause – The Court concluded that the arbitration clause does not apply to the contract between NBCC and Zillion and set aside the High Court’s orders, directing that disputes be resolved through civil courts in Delhi.

SUPREME COURT OF INDIA DIVISION BENCH NBCC (INDIA) LIMITED — Appellant Vs. ZILLION INFRA PROJECTS PVT. LTD. — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil…

Penal Code, 1860 (IPC) – Section 109 – Prevention of Corruption Act, 1988 – Sections 13(1)(e) and 13(2) – The court found that the Income Tax Appellate Tribunal’s orders are not conclusive for the criminal case and that a full trial is necessary to evaluate the evidence – The court analyzed precedents and laws, concluding that findings in tax proceedings do not automatically negate criminal charges for disproportionate assets – The court upheld the charges, stating that the appellants did not provide sufficient grounds to interfere with the order on charge and the framing of charges.

SUPREME COURT OF INDIA DIVISION BENCH PUNEET SABHARWAL AND OTHER — Appellant Vs. CBI — Respondent ( Before : Vikram Nath and K.V. Viswanathan, JJ. ) Criminal Appeal No. ….of…

“Family Feud Over Property: Kamla Nagar Goes to One Side, Malcha Marg to the Other” – The court analyzed the Registration Act’s requirements for documenting transfers of property rights and concluded that the lack of registration indicated no settlement existed – The Supreme Court set aside the High Court’s judgment regarding the Kamla Nagar property, restoring the Trial Court’s decision and confirming the appellants’ sole ownership – The decision regarding the Malcha Marg property was upheld, leaving it exclusively to the respondents.

SUPREME COURT OF INDIA DIVISION BENCH JUGAL KISHORE KHANNA(D) THR LRS AND ANOTHER — Appellant Vs. SUDHIR KHANNA AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah,…

Property Dispute – The case involves disputes over property ownership after the original owner, ‘S’, passed away in 1947 – The Court found no foundation for the plea of adverse possession in the plaintiff’s claim, as the necessary facts were not adequately pleaded or proved – The appeals were dismissed, with the Court upholding the original decrees and granting the appellant time until March 31, 2025, to vacate the property, subject to certain conditions.

SUPREME COURT OF INDIA DIVISION BENCH M. RADHESHYAMLAL — Appellant Vs. V SANDHYA AND ANOTHER ETC. — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Civil…

Penal Code, 1860 – Sections 354D, 376(2)(n), 504 and 506 read with 34 – Supreme Court found inconsistencies in the appellant’s statements and lack of evidence for the alleged forced abortion at Nursing Home – The Court referenced previous judgments to establish that consent vitiated by a false promise of marriage does not constitute rape under Section 375 of IPC unless the promise was proven to be false at inception – The Supreme Court dismissed the appeal, agreeing with the High Court that continuing the proceedings would be an abuse of the legal process and result in miscarriage of justice.

SUPREME COURT OF INDIA FULL BENCH MS. X — Appellant Vs. MR. A AND OTHERS ( Before : B.R. Gavai, Rajesh Bindal and Sandeep Mehta, JJ. ) Criminal Appeal No……of…

Penal Code, 1860 (IPC) – Sections 109, 302 and 307 – Murder – Appeal against conviction – Court found inconsistencies in testimonies, lack of independent witnesses, and lapses in the police investigation – The Court discussed the right of private defense and the standards for “interested” versus “independent” witnesses – This Court allowed the appeals, set aside the convictions, and directed the release of both appellants, citing reasonable doubt in the prosecution’s case.

SUPREME COURT OF INDIA DIVISION BENCH PERIYASAMY — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : Hrishikesh Roy and Sanjay Karol, JJ. )…

Penal Code, 1860 (IPC) – Sections 302 and IPC – Murder – Conviction and Sentence – Modification of Sentence – Court meticulously examined the circumstantial evidence, confirming the appellant’s guilt and finding no plausible explanation for the events from the appellant – The Court discussed the principles of circumstantial evidence, emphasizing the need for a complete chain of evidence pointing to the appellant’s guilt – The Court upheld the conviction for murder, house-trespass, and attempted suicide, maintaining the modified sentence of life imprisonment for 30 years without remission

SUPREME COURT OF INDIA FULL BENCH NAVAS @ MULANAVAS — Appellant Vs. STATE OF KERALA — Respondent ( Before : B. R. Gavai, K.V. Viswanathan and Sandeep Mehta, JJ. )…

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