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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.

(CrPC) – Section 319 – Summoning order – satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction – Summoning order upheld – Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA NATH MISHRA — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Dipankar Datta and Pankaj Mithal, JJ. ) Criminal…

Transfer of Property Act, 1882 – Section 53A – the prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected in view of Section 53A of the Transfer of Property Act, 1882.

SUPREME COURT OF INDIA DIVISION BENCH GHANSHYAM — Appellant Vs. YOGENDRA RATHI — Respondent ( Before : Dipankar Datta and Pankaj Mithal, JJ. ) Civil Appeal Nos.7527-7528 of 2012 Decided…

Service Matters

There is a special equity in favour of the appellant – The reason being that the appellant has continued to work as a Full Time Teacher for 25 long years and has now been superannuated from service – denial of pension to the appellant would incur lot of hardship to the appellant, the appellant shall be given pension along with the arrears.

SUPREME COURT OF INDIA DIVISION BENCH GEETA — Appellant Vs. THE PRINCIPAL, RAMNAGAR BHARAT VIDYALYA, RAMNAGAR AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and K.V. Viswanathan, JJ. )…

Section 106 of the Evidence Act does not absolve the prosecution of discharging its primary burden of proving the prosecution case beyond reasonable doubt – It is only when the prosecution has led evidence which, if believed, will sustain a conviction, or which makes out a prima facie case, the question arises of considering facts of which the burden of proof would lie upon the accused

SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB — Appellant Vs. KEWAL KRISHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Criminal Appeal No. 2128…

Compassionate appointment – – the gross total income of the family per month comes to Rs. 10,323/- and the net income is Rs. 7,618/- per month – Monthly income so arrived at is not less than 60% of the total emoluments and thus, the case of the respondent cannot be considered on compassionate basis on that score – Order of compassionate appointment set-aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA AND OTHERS — Appellant Vs. BALJIT SINGH — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil Appeal…

Opportunity to participate in the proceedings and make submissions – It open for the Division Bench to ensure giving appropriate opportunity and time to the appellants to make submissions before the Division Bench and thereafter appropriate orders may be passed as the Division Bench may deem fit after hearing learned counsel for the appellants – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH GREATER MALWA PARAMEDICAL COLLEGE — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah,…

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