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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.

Insurance Policy – Exclusionary Clause – It is trite to say that wherever such an exclusionary clause is contained in a policy, it would be for the insurer to show that the case falls within the purview of such clause – In case of ambiguity, the contract of insurance has to be construed in favour of the insured.

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LTD. — Appellant Vs. VEDIC RESORTS AND HOTELS PVT. LTD. — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi,…

Service Matters

Disciplinary proceedings – Judicial review – Limit of – When the changed form of quotation also contained signature of respondent no.1, it clearly established his involvement in the tampering of document. This fact has not even been noticed by the Division Bench of the High Court – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH THE INDIAN OIL CORPORATION AND OTHERS — Appellant Vs. AJIT KUMAR SINGH AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh…

(CrPC) – Sections 372 and 378(4) – Appeal against order of acquittal – – where the victim and/or the complainant, as the case may be, has not preferred and/or availed the remedy of appeal against the order of acquittal as provided under Section 372 Cr.P.C. or Section 378(4), as the case may be, the revision application against the order of acquittal at the instance of the victim or the complainant, as the case may be, shall not be entertained and the victim or the complainant, as the case may be, shall be relegated to prefer the appeal as provided under Section 372 or Section 378(4), as the case may be.

(2022) 119 ACrC 239 : (2022) 231 AIC 223 : (2022) AIR(SC) 670 : (2022) AIR(SC)Cri 460 : (2022) 1 ALT(Crl) 296 : (2022) 1 AndhLD(Criminal) 959 : (2022) 1…

BURDEN OF PROVING A VALID TICKET LIES ON THE RAILWAY ADMINISTRATION FOR COMPENSATION – Railway Administration shall be liable to pay compensation as prescribed – Appellants are held entitled for compensation to the tune of Rs. 4,00,000/- along with interest @ 7% p.a. from the date of filing the claim application till its realisation.

SUPREME COURT OF INDIA DIVISION BENCH KAMUKAYI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Surya Kant and J.K. Maheshwari, JJ. ) Civil…

(CPC) – Section 47 read with Order 21 Rule 97 – – Supreme Court in its discretion does entertain special leave petitions directly from orders of tribunals/courts without the High Court having been approached only in matters where substantial questions of general importance are involved or where a similar issue is pending for its (the Supreme Court’s) consideration.

SUPREME COURT OF INDIA DIVISION BENCH JINI DHANRAJGIR AND ANOTHER — Appellant Vs. SHIBU MATHEW AND ANOTHER. ETC. — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ. )…

Standard Fire and Special Perils Policy – extent to which the claim of the appellant is required to be accepted and the respondent be directed to reimburse the same – – on the exchange of correspondence between surveyor and the appellant who brought on record additional material before the surveyor to indicate that the machinery cannot be repaired, the amount assessed was Rs.2,32,02,000 – Appeal partly allowed

SUPREME COURT OF INDIA DIVISION BENCH M/S SUPER LABEL MFG. CO. — Appellant Vs. NEW INDIA ASSURANCE COMPANY LIMITED — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ.…

Prevention of Corruption Act – IPC – The directions issued in the said original petition for de novo investigation are set aside. The Investigation Officer shall proceed with further investigation in all cases by including the offences under the PC Act – writ petitions challenging the initiation of proceedings by ED shall stand dismissed.

SUPREME COURT OF INDIA DIVISION BENCH Y. BALAJI — Appellant Vs. KARTHIK DESARI & ANR. ETC. — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. ) Criminal Appeal…

“…gold would not be precious if we all had gold to spare………..” HELD held that bitumen is not a valuable article in the context of Section 69A and the assessee here was not the owner of the concerned bitumen for the purpose of section 69A of the Income Tax Act,1961.

SUPREME COURT OF INDIA DIVISION BENCH M/S.D.N. SINGH — Appellant Vs. COMMISSIONER OF INCOME TAX, CENTRAL, PATNA AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

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