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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.

Electricity Act 2003 – Section 126 – Kerala Electricity Supply Code, 2014 – Regulation 153(15) – Consumers in excess of the connected load/contracted load would amount to unauthorised use of electricity under explanation (b) to Section 126(6) of the Act 2003 – Regulation 153(15) of the Code 2014 is declared to be invalid being inconsistent with the provision of Section 126 of the Act 2003.

SUPREME COURT OF INDIA DIVISION BENCH KERALA STATE ELECTRICITY BOARD AND OTHERS — Appellant Vs. THOMAS JOSEPH ALIAS THOMAS M. J. AND OTHERS — Respondent ( Before : Dinesh Maheshwari…

Quashing of criminal complaint – gap of more than four years between the initial investigation and the filing of the complaint, and even after lapse of substantial amount of time, no evidence has been provided to sustain the claims in the complaint – law, must always ensure that frivolous cases do not pervert the sacrosanct nature of the law – Criminal complaint quashed

SUPREME COURT OF INDIA DIVISION BENCH HASMUKHLAL D. VORA AND ANOTHER — Appellant Vs. THE STATE OF TAMIL NADU — Respondent ( Before : Krishna Murari and S. Ravindra Bhat,…

(CrPC) – Section 427 – there must be a specific direction or order by the court that the subsequent sentence to run concurrently with the previous sentence.rule is that where there are different transactions, different crime numbers and cases have been decided by the different judgments, concurrent sentence cannot be awarded under Section 427 Cr.P.C

SUPREME COURT OF INDIA DIVISION BENCH IQRAM — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Pamidighantam Sri…

Multiple dying declarations – in case the court comes to the conclusion that the dying declaration is true and reliable, has been recorded by a person at a time when the deceased was fit physically and mentally to make the declaration and it has not been made under any tutoring/duress/prompting; it can be the sole basis for recording conviction – In such an eventuality no corroboration is required

SUPREME COURT OF INDIA DIVISION BENCH RAJARAM — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Sudhanshu Dhulia, JJ. ) Criminal…

HELD there may be an illegal residential colony , therefore, it cannot be believed that the respondent Nos. 1 and 2 original writ petitioners are in possession of the land in question and/or at the relevant time possession was not taken. Following (2020) 8 SCC 129 in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse. Writs dismissed

SUPREME COURT OF INDIA DIVISION BENCH GOVT OF NCT OF DELHI THROUGH SECRETARY, LAND AND BUILDING DEPARTMENT AND ANOTHER — Appellant Vs. RAM PRAKASH SEHRAWAT AND OTHERS — Respondent (…

Deficiency in service – way the issue was addressed by the Max Life Insurance Corporation following the information conveyed does fail, in our opinion, the test of Reasonable Conduct. HELD acts of Max Life Insurance Corporation amount to a clear case of deficiency of service and a non-bonafide conduct by the Max Life Insurance Corporation

SUPREME COURT OF INDIA DIVISION BENCH GOKAL CHAND (D) THR. LRS. — Appellant Vs. AXIS BANK LTD. AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

Slump Sale Agreement – liability of the purchaser for the dues relating to activities and operations of the unit for the period anterior to 17.7.2010, could not therefore have been fastened on the appellant HELD that the liabilities for the transactions made prior to the sale agreement, are to be borne by the seller, U.P State Sugar Corporation .

SUPREME COURT OF INDIA DIVISION BENCH WAVE INDUSTRIES PVT. LTD. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…

Service Matters

Service Law – whether the seniority of direct recruits who were recruited in the recruitment process which commenced in the relevant recruitment year but ended thereafter, can be fixed by following rotation of quota by interspacing them with the direct recruits of the same recruitment year who were promoted earlier during the same year? Matter placed before 5 judge bench

SUPREME COURT OF INDIA DIVISION BENCH HARIHARAN AND OTHERS — Appellant Vs. HARSH VARDHAN SINGH RAO AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Abhay S. Oka,…

Death case – Motor Accident – the actual income should be computed @ Rs. 1,50,000/- per annum. Applying 40% towards future prospects, the total annual income (Rs. 1,50,000 + Rs. 60,000) amounts to 2,10,000 – With a 1/4th deduction (4 dependents), the annual loss of dependency ( 2,10,000 – 52,500) would be Rs. 1,57,500 – Applying a multiplier of 16, total loss of dependency (i.e., Rs. 1,57,500 x 16) is Rs. Rs. 25,20,000 – Filial and parental consortium have to be increased – Each of the children, and the mother of the deceased, is entitled to Rs. 40,000/- – Thus, the total amount payable towards filial and parental consortium is Rs. 1,20,000/- – Appellants are entitled to Rs. 25,20,000/- towards loss of dependency; and the three appellants being the children and mother of the deceased, are entitled to Rs. 40,000/- each towards filial and parental consortium – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH HARPREET KAUR AND OTHERS — Appellant Vs. MOHINDER YADAV AND OTHERS — Respondent ( Before : Krishna Murari and S. Ravindra Bhat, JJ. )…

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