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Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside. Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option. Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list. Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors. Civil Services — Tenure Curtailment — Not Punitive Unless Stigmatic — Curtailment of tenure and reversion to a lower post is not punitive or stigmatic merely because it is premature or based on unsatisfactory performance reports, as long as the order itself does not impute misconduct or stigma beyond unsuitability for the role.

Consumer Protection Act, 1986 – Section 2(d) – For award of compound interest – award of compound interest in the present case had neither any foundation in the record nor any backing in law nor the Consumer Fora took care to examine the contours of their jurisdiction and the requirements of proper assessment, if at all any compensation and/or punitive damages were sought to be granted. The impugned orders are difficult to be sustained.

SUPREME COURT OF INDIA DIVISION BENCH M/S SUNEJA TOWERS PRIVATE LIMITED AND ANOTHER — Appellant Vs. ANITA MERCHANT — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. )…

(IPC) – Ss 120B, 124A, 153A and 153B – Unlawful Activities (Prevention) Act, 1967 – Ss 18 and 39 – Bail – (i) the investigation is over and (ii) the petitioner is not yet a convicted criminal – Not think that any purpose will be served in allowing the Special Court to remand him to custody and then enabling him to move an application for bail – Bail granted.

SUPREME COURT OF INDIA DIVISION BENCH AKHIL GOGOI — Appellant Vs. THE STATE (NATIONAL INVESTIGATION AGENCY) AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. )…

HELD when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise – time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party.

SUPREME COURT OF INDIA DIVISION BENCH GADDIPATI DIVIJA AND ANOTHER — Appellant Vs. PATHURI SAMRAJYAM AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

HELD the accused having secured the acquittal, the presumption of their innocence gets further reinforced and strengthened. Therefore, the appellate court ought not to lightly interfere with the order of acquittal recorded by the trial court unless there is gross perversity in the appreciation of the evidence and even if two views are possible, it should follow the view taken by the trial court rather than choosing the second possible version.

SUPREME COURT OF INDIA DIVISION BENCH FEDRICK CUTINHA — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No. 2251…

Power Purchase Agreement – the finding of the CERC and the learned APTEL is to the effect that Adani Power Mundra Limited would not be entitled to any benefit of Change in Law beyond 70% of the installed capacity i.e. 1386 MW – Findings cannot be said to not be based on the material on record, or based on extraneous considerations.

SUPREME COURT OF INDIA DIVISION BENCH UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER — Appellant Vs. ADANI POWER (MUNDRA) LIMITED AND OTHERS — Respondent ( Before : B.R. Gavai…

HELD government employees cannot claim double overtime allowance as per the Factories Act, if the service rules do not provide for it – whether employees working as supervisors at the Security Printing & Minting Corporation of India (a company under the Ministry of Finance responsible for minting currency notes) are entitled to double overtime allowance as per the Factories Act 1948 – No

SUPREME COURT OF INDIA DIVISION BENCH SECURITY PRINTING AND MINTING CORPORATION OF INDIA LTD. AND OTHERS ETC. — Appellant Vs. VIJAY D. KASBE AND OTHERS ETC. — Respondent ( Before…

Punjab Land Revenue Act, 1887 – Sections 118 and 121 – Partition – When a decision is taken by the Revenue Officer under Section 118 on the question as to the property to be divided and the mode of partition, the rights and status of the parties stand decided and the partition is deemed to have completed – At this stage, such decision is required to be treated as the “decree”

SUPREME COURT OF INDIA DIVISION BENCH JHABBAR SINGH (DECEASED) THROUGH LEGAL HEIRS AN OTHERS — Appellant Vs. JAGTAR SINGH S/O DARSHAN SINGH — Respondent ( Before : Ajay Rastogi and…

HELD allotment of an identified plot in favour of Shashi Bala did not crystallize by the date of the Full Bench judgment and was at the stage of the Governments approval- FB judgement held invalidating the actual allotments made under the discretionary quota and directing the Government to draw up a policy in relation to reservation for various categories – Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH IMPROVEMENT TRUST, ROPAR THROUGH ITS CHAIRMAN, ROPAR, PUNJAB — Appellant Vs. SHASHI BALA AND ANOTHER — Respondent ( Before : Vikram Nath and Sanjay…

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