(CrPC) – Ss 372 and 377 – (IPC) – Ss 364A and 34 – Kidnapping for ransom – Enhancement of sentence -It is fairly well settled that the remedy of appeal is creature of the Statute. – State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence.
SUPREME COURT OF INDIA DIVISION BENCH PARVINDER KANSAL — Appellant Vs. THE STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : Ashok Bhushan and R. Subhash…
(CrPC) – S 357(3) – Release of compensation – Police officers have illegally detained complainant’s son in connection with a theft case and he was tortured in the police lock up and succumbed to the injuries – Appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade -Instead of ordering release of compensation to the appellant at this stage – It appropriate to request the High Court for expeditious disposal of the Case – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH DALBIR SINGH — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER ETC. — Respondent ( Before : Ashok Bhushan and R. Subhash…
IMP : Disaster Management Act, 2005 – Section 71 and 72 – Jurisdiction – Students cannot be promoted without exams – State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment
SUPREME COURT OF INDIA FULL BENCH PRANEETH K AND OTHERS — Appellant Vs. UNIVERSITY GRANTS COMMISSION (UGC) AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…
Non-Supply of fuel to vehicles without PUC Certificate – Appeal against – Tribunal had no power and/or authority and/or jurisdiction to pass orders directing the Appellant State Government to issue orders, instructions or directions on dealers, outlets and petrol pumps not to supply fuel to vehicles without PUC Certificate – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS — Respondent ( Before : Arun Mishra…
Insolvency and Bankruptcy Code, 2016 – Section 7 – A personal Loan to a Promoter or a Director of a company cannot trigger the Corporate Resolution Process under the IBC. Disputes as to whether the signatures of the Respondents are forged or whether records have been fabricated can be adjudicated upon evidence including forensic evidence in a regular suit and not in proceedings under Section 7 of the IBC.
SUPREME COURT OF INDIA DIVISION BENCH M/S RADHA EXPORTS (INDIA) PVT. LIMITED. — Appellant Vs. K.P. JAYARAM AND ANOTHER — Respondent ( Before : Arun Mishra and Indira Banerjee,…
Decree of possession – A decree of possession does not automatically follow a decree of declaration of title and ownership over property – It is well settled that, where a Plaintiff wants to establish that the Defendant’s original possession was permissive, it is for the Plaintiff to prove this allegation and if he fails to do so, it may be presumed that possession was adverse, unless there is evidence to the contrary.
“A decree of possession does not automatically follow a decree of declaration of title and ownership over property. “ SUPREME COURT OF INDIA DIVISION BENCH NAZIR MOHAMED — Appellant…
Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 – Section 4(5) – Constitution of India, 1950 – Articles 14, 15, 16, 338, 341, 342, and 342A – Permissibility of Sub-Classification within Scheduled Castes or Scheduled Tribes Reservation – State Government has the power to make reservation and make such sub – classification and that would not amount to tinkering with lists. Matter referred to larger bench.
SUPREME COURT OF INDIA CONSTITUTION BENCH THE STATE OF PUNJAB AND OTHERS — Appellant Vs. DAVINDER SINGH AND OTHERS — Respondent ( Before : Arun Mishra, Indira Banerjee, Vineet…
Pensionary Provisions Must Be Given Liberal Construction As A Social Welfare Measure HELD Pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee
“The very basis for grant of such pension must be kept in mind, i.e., to facilitate a retired Government employee to live with dignity in his winter of life and,…
Pleas Of Title And Adverse Possession Cannot Be Advanced Simultaneously HELD The possession has to be in public and to the knowledge of the true owner as adverse, and this is necessary as a plea of adverse possession seeks to defeat the rights of the true owner.And From The Same Date HELD
The Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date. “We fail to appreciate how, on the one hand…
State Governments Entitled To Prescribe Fee For Reserving Certain Numbers To Be Assigned As Registration Numbers For Motor Vehicles
1 “that the assignment of “distinctive marks” i.e. registration numbers to motor vehicles (which includes the power to reserve and allocate them, for a specific fee) is a distinct service…