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Securities and Exchange Board of India Act, 1992 — Section 15Z — Appeal to Supreme Court against SAT order setting aside Adjudicating Officer’s order imposing penalties for violation of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 and Securities Contracts (Regulation) Act, 1956 — Held, diversion of funds from preferential issue was in violation of Regulations and detrimental to investors — SAT’s reversal of AO’s order based on shareholder ratification was erroneous — Appeals allowed — Order of Adjudicating Officer restored. Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare. Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor. Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences. Coal Allocation and Supply — Dispute regarding supply of coal and compensation for wrongfully suspended supply — Supreme Court clarified that Union of India and SECL were obligated to supply coal at the current price/prevalent policy as of either April 9, 2014, or May 17, 2019, and gave the choice to the Respondent/PIL to select one of these dates for the purpose of determining the current price and prevalent policy for the proposed Fuel Supply Agreement for the suspended period — The Fuel Supply Agreement was to be entered into within four weeks of the Respondent’s choice, with coal supply being on a normal coal linkage basis, not tapering.

HELD No accused can be permitted to play with the investigation and/or the courts process. No accused can be permitted to frustrate the judicial process by his conduct – by not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process.

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. VIKAS MISHRA @ VIKASH MISHRA — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

In cases where illegible documents have been supplied to the detenue, a grave prejudice is caused to the detenue in availing his right to send a representation to the relevant authorities, because the detenue, while submitting his representation, does not have clarity on the grounds of his or her detention- no man can defend himself against an unknown threat – Detention order is liable to be set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH PRAMOD SINGLA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. ) Criminal Appeal…

Petition against “unnecessary hysterectomies” were carried out under the Rashtriya Swasthya Bima Yojana as well as other government schemes related to healthcare. HELD all the States and Union Territories must take stringent action for blacklisting hospitals once it is detected that any unnecessary hysterectomy was carried out or that the procedure was taken recourse to without the informed consent of the patient. We direct that necessary action be taken in accordance with law.

SUPREME COURT OF INDIA DIVISION BENCH DR NARENDRA GUPTA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and J.B. Pardiwala,…

Arbitration and Conciliation Act, 1996 – Section 11(6) – Reference to arbitration – Jurisdiction – While exercising jurisdiction under Section 11(6) of the Act, is not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of the chosen arbitrator – This is a case where the High Court should have exercised the prima facie test to screen and strike down the ex-facie meritless and dishonest litigation

SUPREME COURT OF INDIA DIVISION BENCH NTPC LIMITED — Appellant Vs. M/S SPML INFRA LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Pamidighantam Sri Narasimha, JJ.…

Income Tax Act 1961- Sections 132 and 153C – Section 153C has been amended by way of substitution whereby the words “belongs or belong to” have been substituted by the words “pertains or pertain to” – Amendment by substitution has the effect of wiping the earlier provision from the statute book and replacing it with the amended provision as if the unamended provision never existed.

SUPREME COURT OF INDIA DIVISION BENCH INCOME TAX OFFICER — Appellant Vs. VIKRAM SUJITKUMAR BHATIA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 30 -if landlord serves notice of demand against the higher rate and expresses his willingness to accept the rent, the tenant after receipt of notice is under an obligation to tender the rent at least at the rate admitted to him to the landlord and has got no right to straight away deposit the same under Section 30(1) of the Act.

SUPREME COURT OF INDIA DIVISION BENCH MAN SINGH — Appellant Vs. SHAMIM AHMAD (DEAD) THR. LRS. — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…

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