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Penal Code, 1860 – Section 306 – Abetment of suicide – Citing precedents, the Court notes that mere harassment without proximate positive action leading to suicide does not constitute abetment – The Court quashes the proceedings against the appellant, stating no offence is made out against her, but allows the trial to proceed against other accused. The Court considered the principles of anticipatory bail and the role of the accused, noting that the prime accused had been granted bail and the appellant’s role was secondary – The Court analyzed the factors to be considered for anticipatory bail, as laid out in previous judgments, focusing on the nature of the accusation and the role of the accused – The Supreme Court confirmed the order granting anticipatory bail to Petitioner, setting aside the order of cancellation, with the condition of cooperation in the investigation and trial. Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Section 7(1) – Selection Committee – The Court analyzes the 2023 Act in light of the Constitution and previous judgments, particularly focusing on the principle of proportionality and the power of judicial review – The Court declines to grant a stay, citing the importance of maintaining the election schedule and the assumption that constitutional post holders will adhere to their roles in accordance with the Constitution – The observations are tentative as the matter is sub-judice. ORDE Civil Procedure Code, 1908 – Sections 10, 16 and 20 – Suits to be instituted where subject-matter situate – The court refers to Section 16 and Section 20 of the CPC, emphasizing that suits related to immovable property should be instituted where the property is located – The court analyzes the provisions of the CPC and prior case law to determine jurisdiction and the applicability of Section 10 of the CPC – The court dismisses the petitioner’s transfer petition and allows the respondent’s petition, ordering the transfer of the petitioner’s suit to Sehore, Madhya Pradesh. Penal Code, 1860 (IPC) – Sections 302, 363,342 and 201 – Juvenile Justice(Care and Protection of Children) Act, 2015 – Sections 2(13) and 6 –The Court analyzed relevant provisions of the JJ Act, emphasizing the mandatory nature of preliminary assessments for CICLs accused of heinous offences – The Court quashed the impugned judgment and ordered the appellant’s release, noting that the proceedings against him were vitiated due to the violation of the JJ Act.

Consumer Protection Act, 1986 – Section 2(d) – Subsequent Purchaser of Flat – Relief of interest on refund HELD The equities, in the opinion of this court, can properly be moulded by directing refund of the principal amounts, with interest @ 9% per annum from the date the builder acquired knowledge of the transfer, or acknowledged it.

SUPREME COURT OF INDIA FULL BENCH M/S LAUREATE BUILDWELL PRIVATE LIMITED — Appellant Vs. CHARANJEET SINGH — Respondent ( Before : Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat,…

AGR dues – In prior order while disposing of the Case, this Court reiterated that no telecom operator shall raise any dispute in respect of the demand raised by the Department of Telecommunications pertaining to AGR dues – There is no scope for any recalculation/re-computation of AGR dues – Applications dismissed.

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA — Appellant Vs. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao,…

Unlawful assembly “to snatch the voters list and to cast bogus voting” – Essence of the electoral system should be to ensure freedom of voters to exercise their free choice – Any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy – Nobody can be permitted to dilute the right to free and fair election – Appeal dismissed

SUPREME COURT OF INDIA DIVISION BENCH LAKSHMAN SINGH — Appellant Vs. STATE OF BIHAR (NOW JHARKHAND) — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…

S E B I Act, 1992 – Ss 24(1) & 24A – Compounding of offence – SEBI’s consent cannot be mandatory before SAT or the Court before which the proceeding is pending, for exercising the power of compounding under Section 24A- offences which lie outside the IPC, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable – Power of compounding must, in other words, be expressly conferred by the statute which creates the offence.

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH GUPTA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud and M R Shah,…

(CrPC) – Section 197 – Protection of Sanction – HELD to find out whether the alleged offence is committed “while acting or purporting to act in the discharge of his official duty” , the yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the discharge of his duties.

SUPREME COURT OF INDIA DIVISION BENCH INDRA DEVI — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ. ) Criminal…

Fraud and misappropriation of funds – Power under Section 156(3) can be exercised by the Magistrate even before he takes cognizance provided the complaint discloses the commission of cognizable offence – he is not to examine the complainant on oath because he was not taking cognizance of any offence therein

SUPREME COURT OF INDIA DIVISION BENCH M/S SUPREME BHIWANDI WADA MANOR INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya…

IBC – Initiation of the Corporate Insolvency Resolution Process by a Financial Creditor under Section 7 of the IBC is the occurrence of a default by the Corporate Debtor – Definition of ‘Financial Debt’ in Section 5(8) of IBC does not expressly exclude an interest free loan – ‘Financial Debt’ would have to be construed to include interest free loans advanced to finance the business operations of a corporate body

SUPREME COURT OF INDIA DIVISION BENCH M/S ORATOR MARKETING PRIVATE LIMITED — Appellant Vs. M/S SAMTEX DESINZ PRIVATE LIMITED — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ.…

Service Matters

Daily wagers who have completed 10 years or more of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 shall be regularized as regular employees with effect from 01.01.2000 and shall be placed in the time-scale of pay applicable to the corresponding lowest grade in the university subject to certain terms and conditions

SUPREME COURT OF INDIA DIVISION BENCH VICE CHANCELLOR ANAND AGRICULTURE UNIVERSITY — Appellant Vs. KANUBHAI NANUBHAI VAGHELA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Aniruddha Bose,…

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