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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.
Service Matters

HELD Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time. The present appeals stand disposed in terms of the above.

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH KUMAR JENA AND OTHERS — Appellant Vs. THE STATE OF ODISHA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh,…

HELD the learned Single Judge, therefore, exceeded in its jurisdiction under Section 34 of the Arbitration Act quashing and setting aside the well-reasoned award passed by the learned Arbitral Tribunal on rejecting Claim Nos.33 and 34, which the Division Bench of the High Court has wrongly affirmed.

SUPREME COURT OF INDIA DIVISION BENCH INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED — Appellant Vs. M/S NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED — Respondent ( Before : M.R. Shah and M.M. Sundresh,…

HELD High Court has committed a very serious error in setting aside the consent award on the aforesaid ground. The consent award under Section 11 of the Act, 1894 ought not to have been set aside in the manner in which it is set aside. The High Court has not at all properly appreciated and considered the conduct on the part of the land owner

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT AND OTHERS — Appellant Vs. JAYANTIBHAI ISHWARBHAI PATEL — Respondent ( Before : M.R. Shah and Manoj Misra, JJ. ) Civil…

HELD that on approval of a scheme by the BIFR under the Sick Industrial Companies (Special Provisions) Act, 1985, the unsecured creditors has an option not to accept the scaling down value of its dues and to wait till the rehabilitation scheme of the sick company has worked itself out with an option to recover the debt with interest post such rehabilitation is erroneous and contrary to the scheme of SICA, 1985

SUPREME COURT OF INDIA DIVISION BENCH MODI RUBBER LIMITED — Appellant Vs. CONTINENTAL CARBON INDIA LIMITED — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ. ) Civil Appeal…

If an application is filed by an individual, there is a specific requirement of furnishing permanent address of the applicant as per Form-A. If an application is to be filed by a group of persons all the applicants are required to furnish their addresses as per Form-B annexed to Payment of Wages (Procedure) Rules 1937.

SUPREME COURT OF INDIA DIVISION BENCH M/S. CREATIVE GARMENTS LIMITED — Appellant Vs. KASHIRAM VERMA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil Appeal…

Murder – Acquittal – Cardinal principles in the administration of criminal justice in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing to the guilt of the accused and the other towards his innocence, the one which is favourable to the accused must be adopted

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP KUMAR — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No. 1304…

HELD in the impugned judgement, there is neither any reasoning, nor any appreciation of evidence on record. We cannot convict the accused on the basis of the principles of preponderance of probability. It is our duty to make sure that miscarriage of justice is avoided at all costs and the benefit of doubt, if any, given to the accused.

SUPREME COURT OF INDIA DIVISION BENCH UDAYAKUMAR — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No. 1741…

Acquittal HELD save and except for the confessional statement of the accused, the Prosecution is not able to link the weapon with the accused. There was no scientific evidence, or the marks of his fingerprints, other identification marks or any tell-tale signs of the blood found on body of the deceased, linking it to the metal pellets of the bullet fired from the weapon recovered during investigation.

SUPREME COURT OF INDIA FULL BENCH NARENDRASINH KESHUBHAI ZALA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ. ) Criminal…

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