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Evidence Act, 1872 — Section 112 — Presumption of legitimacy — DNA test can be directed to determine paternity only when there is sufficient prima facie material to dislodge the presumption under Section 112.– Section 114(h) — Adverse inference — Not applicable at the stage where the Court is considering the need for a DNA test. Constitution of India, 1950 — Articles 21, 32, 226 — Illegal detention — Definition — Illegal detention may be defined as the deprivation of liberty by the State without lawful authority or in violation of provisions of the Constitution — It involves actual custody such that the individual is not free to leave — The detention must lack a valid legal basis, including situations where authority is void or expired — Even where a law permits detention, it becomes illegal if the procedure followed is not just, fair and reasonable, including failure to observe essential safeguards — Also covers situations where the power to detain is exercised arbitrarily, for an improper purpose, or in bad faith. Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (1987 Act) — Section 51(2) — Principles of Natural Justice — Failure to supply charge memo and supporting documents to the appellant — Enquiry conducted ex-parte — Order of removal vitiated — High Court erred in holding that opportunity at show cause stage cured the defects — Supreme Court set aside the removal order, confirmation order, and enquiry report. Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 — Judgment on Admissions — Scope and Exercise of Discretion — Provision allows for speedy relief where there is no substantial dispute requiring trial, but cannot deprive a party of adjudication if controversy involves disputed questions of fact and requires evidence — Admission must be categorical, unambiguous, unconditional, and unequivocal — Admissions should be clear and intentional, and discretion to pass judgment without trial should be used cautiously, only when admission is absolute, clear, categorical, and unconditional. Constitution of India, 1950 — Article 21 — Right to Livelihood and Dignity — Prolonged non-payment of salaries and retiral dues of employees of State-owned Corporations led to severe humanitarian consequences, including destitution and even suicides, impacting the right to livelihood and dignity guaranteed under Article 21 of the Constitution.

Anticipatory Bail in CBI case HELD When the primary focus is on documentary evidence, court fail to understand as to why the appellants should now be arrested – CBI did not require the custodial interrogation of the appellants during the period of investigation from 29.06.2019 till 31.12.2021 Bail granted

SUPREME COURT OF INDIA DIVISION BENCH MAHDOOM BAVA — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No……..…

HELD the question stock broker not only has to obtain a certificate of registration from SEBI for each of the stock exchange where he operates, at the same time, has to pay ad valorem fee prescribed no more res integra in view of Securities and Exchange Board of India Vs. National Stock Exchange Members Association and Another 2022 SCCOnline SC 1392

SUPREME COURT OF INDIA DIVISION BENCH GPSK CAPITAL PRIVATE LIMITED (FORMERLY KNOWN AS MANTRI FINANCE LIMITED) — Appellant Vs. THE SECURITIES AND EXCHANGE BOARD OF INDIA — Respondent ( Before…

(CrPC) – Section 482 – – howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law – Unwarranted judicial activism may cause uncertainty or confusion not only in the mind of the authorities but also in the mind of the litigants.

SUPREME COURT OF INDIA DIVISION BENCH CARDINAL MAR GEORGE ALENCHERRY — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ.…

Penal Code, 1860 (IPC) – Sections 354, 354-B, 376 and 506 – Cancellation of anticipatory bail – sufficient material in the FIR that would prima facie attract the provision of Section 376, IPC – These factors ought to have dissuaded the High Court from exercising its discretion in favour of the respondent No.2/accused for granting him anticipatory bail – Impugned orders, granting anticipatory bail to the respondent No. 2/accused, cannot be sustained – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH MS. X — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : A.S. Bopanna and Hima Kohli, JJ. ) Criminal…

Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Illegal gratification – Conviction and sentence – Appeal against – there are no circumstances brought on record which will prove the demand for gratification. Therefore, the ingredients of the offence under Section 7 of the PC Act were not established and consequently, the offence under Section 13(1)(d) will not be attracted – Conviction and sentence is set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH NEERAJ DUTTA — Appellant Vs. STATE (GOVT. OF N.C.T. OF DELHI) — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 – Section 9 – – It is permissible to regulate admission and fee structure for achieving that purpose – It is not open to the appellant society to claim complete immunity in undertaking this exercise and seek exemption from any interference by the Admission and Fee Regulatory Committee (AFRC)

SUPREME COURT OF INDIA DIVISION BENCH ICON EDUCATION SOCIETY — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. )…

Service Matters

Orissa Khadi and Village Industries Board Regulations, 1960 – Under Article 142 of the Constitution of India, Court cannot issue directions in violation of the statutory provisions; and sympathy or sentiment, by itself, cannot be a ground for passing an order beyond and contrary to the legal rights

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND ANOTHER — Appellant Vs. ORISSA KHADI AND VILLAGE INDUSTRIES BOARD KARMACHARI SANGH AND ANOTHER — Respondent ( Before : Dinesh…

Proposal to convert the subject land from leasehold to freehold as per the policy- policy in question cannot be applied in relation to the subject land. Therefore, we find no necessity to delve further into the other issues raised on behalf of the respondent No. 2 that it has no policy to grant freehold rights in its allotments. Suffice it would be to say for the present purpose that the claim of the petitioner for freehold rights in relation to the subject land cannot be accepted.

SUPREME COURT OF INDIA DIVISION BENCH BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LTD. — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and J.K.…

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