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[Bombay Public Trust Act, 1950, S. 80] | [Civil court jurisdiction barred for disputes concerning public trusts unless specific conditions are met.] Penal Code, 1860 (IPC) — Sections 406, 420, 467, 468, 471 — Criminal Breach of Trust, Cheating, Forgery, Using Forged Document — Joint Venture Agreement — Dispute arising from JVA — FIR quashed — Allegations primarily civil in nature, with a criminal cloak — Dishonest intention not evident from the inception — Delay in lodging FIR indicates civil dispute — Security deposit not refundable, adjustable against share in sale proceeds — No false representation regarding title or litigation in JVA — Allegation of forgery of a tracing document unsubstantiated — Recourse to civil remedies should be taken for contractual disputes. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 123 — Regularisation of unauthorised occupation — Legal fiction created by Section 123(2) deems land settled with house owners in possession by a specific cut-off date, overriding Section 143 declaration — Regularisation is a socio-economic measure and is applicable even if houses were built forcefully or without consent. [S. 302 read with S. 34 IPC] | Non-recovery of weapons cannot be fatal to prosecution if ocular and medical evidence is consistent and reliable. “Sharbat Rooh Afza” — Classification — Contains declared fruit juice and derives essential beverage identity from fruit-based constituents — Invert sugar syrup acts as carrier, sweetener, and preservative, not determinative of commercial identity — Fruit juice and allied distillates impart flavour and beverage character — Held to be classifiable as “fruit drink” under Entry 103.

(CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 498A – Allegations are mostly general and omnibus in nature, without any specific details as to how and when her brothers-in-law and mother-in-law, who lived in different cities altogether, subjected her to harassment for dowry – FIR quashed – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH ABHISHEK — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Aniruddha Bose, Sanjay Kumar and S.V.N. Bhatti, JJ. ) Criminal Appeal…

Request for recall of the appellant as a witness under Section 311, CrPC was justified, as at the relevant point of time in his initial deposition, there was no occasion for him to bring the relevant facts relating to similarity of data before the Court, which arose after the CFSL expert was examined.

SUPREME COURT OF INDIA DIVISION BENCH SATBIR SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. ) Criminal Appeal…

Even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offence on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report – Magistrate is not debarred from taking cognizance of a complaint merely on the ground that earlier he had declined to take cognizance of the police report

SUPREME COURT OF INDIA DIVISION BENCH ZUNAID — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal Appeal…

Service Matters

Appellant continues to work as a lecturer in English on a half time basis – Therefore, for doing substantial justice, this is a fit case to invoke power under Article 142 of the Constitution of India for continuing her appointment on full time basis – Direction issued to State Government to release grant-in aid for paying salary.

SUPREME COURT OF INDIA DIVISION BENCH VIJAYA BHIKU KADAM — Appellant Vs. MAYANI BHAG SHIKSHAN PRASARAK MANDAL AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol,…

Hindu Succession Act 1956 – Essential ingredient of Section 14 subsection (1) is possession over the property – Possession being a prerequisite to sustain a claim under subsection (1) of Section 14 of the 1956 Act – Admittedly the plaintiff was never in possession of the property – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH M. SIVADASAN (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. A. SOUDAMINI (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : C.T. Ravikumar…

Criminal Procedure Code, 1973 (CrPC) – Section 432 – Remission of sentence – Overemphasis on the presiding judge’s opinion and complete disregard of comments of other authorities, while arriving at its conclusion, would render the appropriate government’s decision on a remission application, unsustainable

SUPREME COURT OF INDIA DIVISION BENCH RAJO @ RAJWA @ RAJENDRA MANDAL — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : S. Ravindra Bhat and…