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Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1. Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration. Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content. Legal Profession — Autonomy and Independence — Administration of Justice — Role of Lawyers — Article 19(1)(g) of the Constitution of India — Impact of direct summons to defence counsel by Investigating Agencies on the autonomy of the legal profession and the independence of the administration of justice — Need for judicial oversight.

In view of the difference of opinion expressed by two separate judgments, the Registry is directed to place the matter before Hon’ble the Chief Justice of India for appropriate orders/directions. CONTENTIONS rejection of the plaint under Order VII Rule 11 (d), for deciding the preliminary issue on pure question of law under Order XIV Rule 2(2) and for pronouncing a judgment on admission under Order XII Rule 6 being absolutely different and independent of each other

SUPREME COURT OF INDIA DIVISION BENCH SARANPAL KAUR ANAND — Appellant Vs. PRADUMAN SINGH CHANDHOK AND OTHERS — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. )…

Income Declaration Scheme (IDS) – HELD sequitur to a declaration under the IDS does not lead to immunity (from taxation) in the hands of a non-declarant.held that immunity granted by a tax amnesty scheme in respect of liabilities under some enactments, did not afford protection against action under other enactments or laws:

SUPREME COURT OF INDIA DIVISION BENCH DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL) CIRCLE 1(2) — Appellant Vs. M/S. M. R. SHAH LOGISTICS PRIVATE LIMITED — Respondent ( Before : Uday…

Environment (Protection) Act, 1986 – Section 3 – An establishment contributing to the economy of the country and providing livelihood ought not to be closed down only on the ground of the technical irregularity of not obtaining prior Environmental Clearance irrespective of whether or not the unit actually causes pollution.

SUPREME COURT OF INDIA DIVISION BENCH M/S PAHWA PLASTICS PRIVATE LIMITED AND ANOTHER — Appellant Vs. DASTAK NGO AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari,…

Securities and Exchange Board of India Act, 1992 – Section 15Z – Appeal to Supreme Court – – A question of law may arise when there is an erroneous construction of the legal provisions of the statute or the general principles of law. In such cases, the Supreme Court in exercise of its jurisdiction of Section 15Z may substitute its decision on any question of law that it considers appropriate.

SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. MEGA CORPORATION LIMITED — Respondent ( Before : L. Nageswara Rao and Pamidighantam Sri Narasimha,…

Service Matters

Absorption and regularisation – When the employee were appointed on a fixed term and on a fixed salary in a temporary unit which was created for a particular project, no such direction could have been issued by the High Court to absorb them in Government service and to regularise their services –

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF GUJARAT AND OTHERS — Appellant Vs. R.J. PATHAN AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

When the contract not entered under MSME and parties would not be governed by the MSME Act and the parties shall be governed by the laws of India applicable and/or prevailing at the time of execution of the contract – Small Medium Enterprises Facilitation Council would have no jurisdiction

SUPREME COURT OF INDIA DIVISION BENCH M/S. VAISHNO ENTERPRISES — Appellant Vs. HAMILTON MEDICAL AG AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Service Matters

Appellant has been teaching the very same subject for the past nearly 16 years – Original Selection Committee which found him eligible for appointment, comprised of Professors from the Department of Sanskrit of which the diploma course in ‘Karm Kand’ was a part, a direction is issued to the University to regularise the services of the appellant.

SUPREME COURT OF INDIA DIVISION BENCH DINESH CHANDRA SHUKLA — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

When the auction bid of the respondent had been Rs. 1.935 crores for the assets under sale, the Company Court had fixed the value of immovable property therein at Rs. 1.4 crores; and the District Registrar was also satisfied with that valuation. Therefore, stamp duty was to be collected only on the said valuation i.e., Rs. 1.4 crores

SUPREME COURT OF INDIA DIVISION BENCH THE SUB REGISTRAR ERNAKULAM KOCHI 16 — Appellant Vs. K. SYED ALI KADAR PILLAI AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and…

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