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Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor. Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts. Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees. Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21 Service Law — Promotion — Entitlement to promotion to Chief Medical Director (Higher Administrative Grade) in Indian Railway Medical Service — Appellant was denied promotion despite being eligible, with a junior officer being promoted instead — Appellant’s case was rejected by the Tribunal and High Court based on her grading in Annual Confidential Reports

Prevention of Food Adulteration Act, 1954 – Section 16(1)(a)(i) read with Section 7 – Food Safety and Standards Act, 2006 – Section 52 – Misbranding – The Supreme Court upheld the conviction but considered the new Food Safety and Standards Act, 2006, which provides for a lesser penalty for misbranding, leading to a reduction in the sentence – Appellant no.2’s sentence was converted to a fine, and appellant no.1’s fine was upheld – The appeal was partly allowed.

SUPREME COURT OF INDIA DIVISION BENCH M/S A.K. SARKAR AND COMPANY AND ANOTHER — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : Sudhanshu Dhulia…

Allegations were based on WhatsApp status messages that were considered to promote disharmony or feelings of enmity, specifically regarding the abrogation of Article 370 and Independence Day of Pakistan – The Court analyzed the intention behind the messages, referencing past judgments and the importance of freedom of speech under Article 19(1)(a) of the Constitution – The Court quashed the FIR, stating that the appellant’s messages were an expression of protest within his rights, and continuing the prosecution would be an abuse of the process of law

SUPREME COURT OF INDIA DIVISION BENCH JAVED AHMAD HAJAM — Appellant Vs. STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )…

Motor Accident Claims – The Supreme Court re-assessed the income of the deceased at Rs. 35,000/- per month and awarded a total compensation of Rs. 38,81,500/- with interest @8% per annum to the appellants – The Supreme Court modified the judgment of the High Court and restored that of the Tribunal partially.

SUPREME COURT OF INDIA DIVISION BENCH VETHAMBAL AND OTHERS — Appellant Vs. THE ORIENTAL INSURANCE COMPANY AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. )…

Penal Code, 1860 (IPC) – Section 376(2)(n) and 506 – Supreme Court allowed the appeal and quashed the FIR, holding that the complainant was a mature and intelligent woman who consented to the relations with the appellant during the subsistence of her earlier marriage – The Court also relied on a similar case, Naim Ahamed v. State (NCT of Delhi), where the accused was not held guilty of rape on false promise of marriage.

SUPREME COURT OF INDIA DIVISION BENCH XXXX — Appellant Vs. STATE OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Criminal Appeal…

High Court did not consider the nature and seriousness of the offence, the character of the evidence, the circumstances peculiar to the respondent, and the larger interest of the public or the State – The Court also notes that the respondent failed in his fundamental duty as a police officer and the possibility of his influencing the witnesses and the investigation was high – The Court holds that the respondent is not entitled to anticipatory bail and directs him to apply for regular bail if arrested.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JHARKHAND — Appellant Vs. SANDEEP KUMAR — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. ) Criminal Appeal No……of…

Food Safety and Standards Act, 2006 – Section 3(1)(j) – The Supreme Court held that the writ petition was not maintainable as it was filed by an interested party with a personal motive – The Supreme Court also held that there was no illegality or arbitrariness in the board’s decision to procure cardamom from local sources in view of the urgency and the transparency – The Supreme Court directed the State Government to destroy the existing stock of prasadam in an appropriate manner.

SUPREME COURT OF INDIA DIVISION BENCH THE TRAVANCORE DEVASWOM BOARD — Appellant Vs. AYYAPPA SPICES AND OTHERS — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha, JJ. )…

The court dismissed the appeal and held that the filing of the suit for asserting the rights of the plaintiffs/respondents did not amount to contempt of court – The court distinguished the case of Skipper Construction and observed that the facts were totally different – The court also stated that its observations were only restricted to the maintainability of the contempt proceedings and would have no bearing on the merits of the suit.

SUPREME COURT OF INDIA FULL BENCH M/S SHAH ENTERPRISES THR. PADMABEN MANSUKHBHAI MODI — Appellant Vs. VAIJAYANTIBEN RANJITSINGH SAWANT AND OTHERS — Respondent ( Before : B.R. Gavai, Rajesh Bindal…

The main legal issues are whether the dying declaration is reliable, voluntary and free from tutoring, and whether it can be the sole basis of conviction without any corroboration – The Supreme Court upheld the conviction of Pappi @ Mashkoor based on the dying declaration, which was found to be cogent, trustworthy and consistent – However, the Court acquitted ‘N1’ and ‘N2 as the dying declaration did not attribute any specific role to them.

SUPREME COURT OF INDIA DIVISION BENCH NAEEM — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No. 1978…

Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 – Section 2(v), 3 and 4 – Whether “ghee” is a “product of livestock” under the Act and if the government notification regarding “ghee” followed proper procedure – The court upheld that “ghee” is indeed a “product of livestock” and the 1994 government notification was valid – The court ruled that market fees must be paid for “ghee” from 1994 to 2009, with provisions for installment payments.

SUPREME COURT OF INDIA DIVISION BENCH SANGAM MILK PRODUCER COMPANY LTD. — Appellant Vs. THE AGRICULTURAL MARKET COMMITTEE AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and S.V.N. Bhatti,…

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