Probation of Offenders Act, 1958 – Sections 3 and 4 – Theft – Probation – Sections 360 and 361 of the Cr.P.C also empower the courts to release the offenders on probation of good conduct HELD having regard to sentence imposed by the courts below on the appellants for the offence under Section 379 read with Section 34 of IPC, and having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct –
SUPREME COURT OF INDIA DIVISION BENCH SOM DUTT AND OTHERS — Appellant Vs. THE STATE OF HIMACHAL PRADESH — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ.…
Criminal Law – Dying declaration – Merely because the weapon used is not recovered cannot be a ground not to rely upon the dying declaration. HELD Rioting – Merely because three persons were chargesheeted/charged/tried and even out of three tried, two persons came to be acquitted cannot be a ground to not to convict the accused under Section 148 IPC.
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH — Appellant Vs. SUBHASH @ PAPPU — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal…
Right of defendant to prosecute the plaintiff owing to the dishonour of the cheque issued by the plaintiff cannot be frustrated by seeking a declaration that the said cheque was handed over as a security – Such a declaration cannot be ex facie granted as it would be contrary to the provisions of the N.I. Act and particularly Section 118(a) thereof – Hence, the plaint is liable to be rejected in exercise of jurisdiction under Order VII Rule 11 CPC.
SUPREME COURT OF INDIA DIVISION BENCH M/S FROST INTERNATIONAL LIMITED — Appellant Vs. M/S MILAN DEVELOPERS AND BUILDERS (P) LIMITED AND ANOTHER @ RESPONDENT ( Before : M.R. Shah and…
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – Section 9 – Eviction – Section 3(1) of the Nationalisation Act, declares that on the appointed day, which was 01.05.1973, the right, title and interest of the owners in relation to the coalmines specified in the Schedule shall stand transferred to and shall vest absolutely in the Central government free from all encumbrances – As could be seen from clause (xi) of Section 2(h), even the lands and buildings used solely for the location of the management, sale or liaison offices or for the residence of officers and staff were also included in the definition of the word “mine”
SUPREME COURT OF INDIA DIVISION BENCH M/S BHARAT COKING COAL LIMITED — Appellant Vs. MAHENDRA PAL BHATIA AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…
Power of Attorney – Section 49 of the Registration Act can amplify or magnify the clauses contained in the deed of Power of Attorney – Document should expressly authorize the agent, (i) to execute a sale deed; (ii) to present it for registration; and (iii) to admit execution before the Registering Authority.
SUPREME COURT OF INDIA DIVISION BENCH MRS. UMADEVI NAMBIAR — Appellant Vs. THAMARASSERI ROMAN CATHOLIC DIOCESE REP BY ITS PROCURATOR DEVSSIA’S SON REV. FATHER JOSEPH KAPPIL — Respondent ( Before…
Karnataka Land Reforms Act, 1961 – Sections 45 and 137 – Karnataka Land Reforms Rules, 1974 – Rule 19 – Occupancy rights – Duty of the Tahsildar to verify the Revenue Records and other documents and incorporate/record the name of the owner of the land – Karnataka Land Reforms Act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands
SUPREME COURT OF INDIA DIVISION BENCH NADAKERAPPA SINCE DECEASED BY LRS. AND OTHERS — Appellant Vs. PILLAMMA SINCE DECEASED BY LRS. AND OTHERS — Respondent ( Before : S. Abdul…
Denotified Communities Act, 2021 – The 2021 Act being ultra vires Articles 14, 15 and 16 of the Constitution – There is no bar on the legislative competence of the State to enact the 2021 Act and on the different grounds urged with respect to this issue
SUPREME COURT OF INDIA DIVISION BENCH PATTALI MAKKAL KATCHI — Appellant Vs. A. MAYILERUMPERUMAL AND OTHERS — Respondent ( Before : L. Nageswara Rao and B. R. Gavai, JJ. )…
Maharashtra Municipal Corporations Act, 1949 – Commissioner of the Municipal Corporation will have the power to suspend or initiate departmental proceedings against an Additional Municipal Commissioner (AMC), who is an officer, superior in rank to the Assistant Commissioner
SUPREME COURT OF INDIA DIVISION BENCH KALYAN DOMBIVALI MUNICIPAL CORPORATION — Appellant Vs. SANJAY GAJANAN GHARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…
HELD The State has made conscious decision to delink the retirees from the service conditions guiding the serving staffs of the concerned institutions and placed them in the retirement rules meant for those in the Manipur State Service. In such a situation, we do not think the anomaly pointed out in the judgment under appeal
SUPREME COURT OF INDIA DIVISION BENCH DR. Y. IBEHAIBI DEVI (D) BY LRS. AND OTHERS — Appellant Vs. THE STATE OF MANIPUR REPRESENTED BY THE COMMISSIONER (HIGHER AND TECHNICAL EDUCATION)…
Suffice it to state that the amount of Rs.4 Crores has been deposited with the concerned authorities and the appellant has been enjoying the facility of ad-interim bail – Direct that the appellant shall continue to be on bail on the same conditions on which he was allowed the facility of ad-interim bail – Security and documents of surety furnished at that stage shall continue to be operative as conditions of bail.
SUPREME COURT OF INDIA FULL BENCH MOHIT BATHLA — Appellant Vs. CENTRAL GOODS AND SERVICE TAX, DIVISION PANIPAT, CGST COMMISSIONERATE, PANCHKULA — Respondent ( Before : Uday Umesh Lalit, S.…