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Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted. Penal Code, 1860 (IPC) — Section 294(b) — Conviction for uttering obscene words — Held, mere use of the word “bastard” is not sufficient to constitute obscenity, especially in heated conversations during the modern era — Conviction under Section 294(b) IPC is not sustainable and is liable to be set aside. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Medical negligence — Consent for surgery — Allegation of interpolation in consent form for Orchidectomy — Medical Board’s opinion that Orchidectomy was an appropriate procedure in cases of undescended testicle and that consent should have been obtained — No evidence of interpolation in consent form (different ink or handwriting) — Consent form indicated both Orchidopexy and Orchidectomy as options. Held, continuance of criminal proceedings would be an abuse of process of court and liable to be quashed. Appeals allowed, impugned High Court judgment set aside, and proceedings quashed Extraordinary Jurisdiction of Supreme Court (Article 136) — Equitable relief — Not granted to litigants whose conduct is callous, lackadaisical, and in clear violation of applicable rules and regulations — Commercial decisions of State Government not substituted by court. Constitution of India, 1950 — Article 14 — Public power, allocation of public resources, award of public contracts, execution of public works — State bound to act transparently, fairly, and consistently with equality — Process must withstand objective scrutiny and be free from arbitrariness, favouritism, or undisclosed conflicts of interest — Public confidence in governance requires equality, integrity, and accountability.
Service Matters

HELD Post of District Judge (Entry Level) – a criminal case against the appellant under Section 498A/406/34 IPC was pending which was registered on a complaint filed by the wife of the appellant – Such decision of the Committee was well within the jurisdiction and power of the Committee and cannot be said to be unsustainable – Mere fact that subsequently after more than a year when the person whose candidature has been cancelled has been acquitted cannot be a ground to turn the clock backward.

SUPREME COURT OF INDIA DIVISION BENCH ANIL BHARDWAJ — Appellant Vs. THE HON’BLE HIGH COURT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Ashok Bhushan and M.R. Shah,…

Limitation Act, 1963 – Section 5- Condonation of Delay – in any event the petitioner herein cannot claim benefit of an interim order from the date of disposal of the Writ Appeal – In such event, though this Court has condoned the delay, the grant of an order of statusquo at that juncture was without reference to all these aspects.

SUPREME COURT OF INDIA FULL BENCH HANUMAPPA (SINCE DECEASED) BY HIS LRS. AND OTHERS — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. A.…

Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016-Lessees are granted time up to end of January, 2021 for the removal of the minerals excavated/mined on or before 15.03.2018 subject to payment of royalties and other charges. HELD If within the time stipulated above, the lessees could not remove the mineral, the Government shall invoke the power under Rule 12(1)(hh) – Application disposed of.

SUPREME COURT OF INDIA FULL BENCH CHOWGULE AND COMPANY PRIVATE LIMITED — Appellant Vs. GOA FOUNDATION AND OTHERS — Respondent ( Before : S. A. Bobde, CJI., A. S. Bopanna…

Rajasthan Pre-Emption Act, 1966 – Section 9 – Loss of right of pre-emption on transfer – A right is available once – whether to take it or leave it to a person having a right of pre-emption – If such person finds it is not worth once, it is not an open right available for all times to come to that person

  SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATH (D) BY LRS. — Appellant Vs. RADHA MOHAN (D) THR. LRS. AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and…

Suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches. HELD discretion of the Court whether some additional amount ought or ought not to be paid by the plaintiff once a decree of specific performance is passed in its favour, even at the appellate stage.

SUPREME COURT OF INDIA DIVISION BENCH FERRODOUS ESTATES (PVT.) LIMITED — Appellant Vs. P. GOPIRATHNAM (DEAD) AND OTHERS — Respondent ( Before : R.F. Nariman and Navin Sinha, JJ. )…

Postgraduate Medical/Dental Admissions – NRI quota – Non compulsory – Private colleges and institutions which offer such professional and technical courses, have some elbow room: they can decide whether, and to what extent, they wish to offer NRI or management quotas (the limits of which are again defined by either judicial precedents, enacted law or subordinate legislation)

SUPREME COURT OF INDIA DIVISION BENCH NILAY GUPTA — Appellant Vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE AND OTHERS — Respondent (…

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