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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.

Penal Code, 1860 (IPC) – Sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120B read with Section 34 – Unlawful Activities (Prevention) Act, 1967 – Sections 13, 15(1)(b), 16, 17, 18, 18B, 20, 38, 39, 40 and 43D(5) – Mere holding of certain literatures through which violent acts may be propagated would not ipso facto attract the provisions of Section 15(1)(b) of the said Act – There has been no credible evidence of commission of any terrorist act or enter into conspiracy to do so to invoke the provisions of Section 43D(5) of the 1967 Act – Bail granted with conditions.

SUPREME COURT OF INDIA DIVISION BENCH VERNON — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Criminal Appeal…

Valuation for the purpose of jurisdiction of suit – Once the plaintiff exercises his option and values his claim for the purpose of court fees, that determines the value for jurisdiction – Value for court fees and the value for jurisdiction must no doubt be the same in such cases; but it is the value for court fees stated by the plaintiff that is of primary importance.

SUPREME COURT OF INDIA DIVISION BENCH B.P. NAAGAR AND OTHERS — Appellant Vs. RAJ PAL SHARMA — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Summoning of additional accused – At the stage of summoning an accused, there has to be a prima facie satisfaction of the Court – Evidence which was there before the Court was of an eye witness who has clearly stated before the Court that a crime has been committed, inter alia, by the revisionist- Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KUMAR — Appellant Vs. THE STATE OF HARYANA AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Criminal…

Service Matters

Army Act, 1950 – Sections 39(b) and 63 – Dismissal from Service – Army driver – Unauthorizedly absent for 108 days – Habitual offender -One must be mindful of the fact that discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service – Order dismissal from Service upheld.

SUPREME COURT OF INDIA DIVISION BENCH EX SEPOY MADAN PRASAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. )…

Contempt of Court – Maximum Punishment — Simple imprisonment, not exceeding six months or a fine not exceeding Rs.2,000/- — Sub-Section (2) reads “notwithstanding anything contained in any other law for the time being in force” this implies that save and except the punishment provided in sub-Section (1) no other punishment can be prescribed to a person guilty of committing contempt of Court.

SUPREME COURT OF INDIA Before: B.R. Gavai & Sanjay Karol, JJ. Civil Appeal No.4725 of 2023 (Arising out of SLP(C)No.13789 of 2022) Decided on: 28.07.2023 Gostho Behari Das – Appellant…

Penal Code, 1860 – Ss 302 & 304-I – Army Act, 1950 – Section 69 – Murder – Conviction and Sentence – Alteration of – Appellant-accused contended that case will be governed by exception 4 to Section 300 of IPC as the incident was an outcome of a sudden fight and he acted in a heat of passion – Conviction of the accused for the offence punishable under Section 302 of IPC is altered to the one under Part 1 of Section 304 of IPC

SUPREME COURT OF INDIA DIVISION BENCH NO.15138812Y L/NK GURSEWAK SINGH — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…

Consumer Protection Act, 2019 provide for the remedy of appeal to Supreme Court only with respect to the orders which are passed by the NCDRC in its original jurisdiction or as the court of first instance (original orders) and no further appeal lies against the orders which are passed by the NCDRC in exercise of its appellate or revisional jurisdiction.

SUPREME COURT OF INDIA DIVISION BENCH M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. — Appellant Vs. SURESH CHAND JAIN AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj…

Medical bills which have been issued by Hospital and Research Centre, as per which appellant had incurred expenditure – – Direction to pay the amount, Rs.4,09,000/- in terms of Medical bills with interest of 7% per annum from the date of filing of the complaint before the District Forum till its realisation – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH HEM RAJ — Appellant Vs. THE NEW INDIA ASSURANCE CO. LTD. — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Civil…

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