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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.

Tribunal and the High Court fell in error in construing the income of the claimant at Rs. 3,000/- p.m. instead of Rs. 8,000/- p.m. – In the light of the compensation awarded towards ‘Loss of Future Income’ the sum of Rs. 60,000/- awarded by the Tribunal under the head ‘Permanent Disability’ and ‘Loss of Amenities in Future Life’ would not arise – Compensation enhanced to Rs. 15,94,812 – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH SRI LAKSHMANA GOWDA B.N. — Appellant Vs. THE ORIENTAL INSURANCE CO. LTD. CO. LTD. AND ANOTHER — Respondent ( Before : Surya Kant and…

National Highways Authority Act, 1956 – Section 3H – When it comes to resolving the dispute relating to apportionment of the amount determined towards compensation, it is only the Principal Civil Court of original jurisdiction which can do so – Principal Civil Court means the Court of the District Judge.

SUPREME COURT OF INDIA DIVISION BENCH VINOD KUMAR AND OTHERS — Appellant Vs. DISTRICT MAGISTRATE MAU AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. )…

Revised agreement – Reduction to 10000 KVA from 23000 KVA – Appellant neither sought for nor consumed the electricity more than the maximum demand of 10000 KVA – This Court directs the Respondent to return the amount as may be calculated and verified, paid by the Appellant to it for 13000 KVA, in excess to its request of maximum sanctioned demand of 10000 KVA (23000-10000 = 13000 KVA)

SUPREME COURT OF INDIA FULL BENCH THE MADRAS ALUMINIUM CO. LTD. — Appellant Vs. THE TAMIL NADU ELECTRICITY BOARD AND ANOTHER — Respondent ( Before : B.R. Gavai, Sanjay Karol…

Constitution of India, 1950 – Article 141 – where no reason was assigned by the Court while dismissing the matter and where leave was not granted in the said Special Leave Petition, the said dismissal would not be considered as laying down law within the ambit of Article 141 – such dismissal of Special Leave Petition by way of a non-speaking order does not attract the doctrine of merger.

SUPREME COURT OF INDIA DIVISION BENCH S. NARAHARI AND OTHERS — Appellant Vs. S.R. KUMAR AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

(IPC) – Sections 308 and 338 – The appellant, as a conductor, had a duty to take care of the passengers on the overcrowded bus – However, he failed to verify if all passengers had safely boarded the bus before signaling the driver to start – Despite knowing that many students were waiting at the bus stop, he neglected his duty and acted recklessly – As a result, PW-1 suffered a fractured pelvis, putting human life in danger

SUPREME COURT OF INDIA DIVISION BENCH ABDUL ANSAR — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Service Matters

Re-instatement – Back wages – The appellant established unemployment at least until August 1997 – Based on the salary figures provided, the appellant’s gross salary on the date of reinstatement was Rs. 18,830, while it was approximately Rs. 4,000 per month at the time of removal – An amount of Rs.3 lakhs is ordered to be paid to the appellant in lieu of back wages.

SUPREME COURT OF INDIA DIVISION BENCH RAMESH CHAND — Appellant Vs. MANAGEMENT OF DELHI TRANSPORT CORPORATION — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…

Evidence Act, 1872 – Ss 4 and 18 – Testimony of a child witness – Before taking the testimony of a minor, it is the responsibility of the Judicial Officer to ask preliminary questions to ensure that the minor can comprehend and respond rationally & record the preliminary questions and answers for review by the Appellate Court to assess the Trial Court’s opinion accurately.

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP — Appellant Vs. THE STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

The right to enjoy possession of any land notified under Section 4 is not only limited to Adivasi communities and other forest dwelling communities, but is also based on proof of residence, date of original possession, etc – If the right to inhabit the said lands is not restricted only to certain communities, how can the right to be heard on such claims be restricted to the same.

SUPREME COURT OF INDIA DIVISION BENCH HARI PRAKASH SHUKLA AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Krishna Murari and Ahsanuddin…

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