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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.

C P C – Or 2, R 2 – Suit to include the whole claim – Plea of Bar – The plea of bar under Or 2, R 2 is a technical plea which has to be pleaded and satisfactorily established. If the plea of bar is not taken, the Court should not suo moto decide the plea. It cannot be raised before Supreme Court if not raised in the High Court.

  SUPREME COURT OF INDIA DIVISION BENCH B. SANTOSHAMMA AND ANOTHER — Appellant Vs. D. SARALA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Indira Banerjee, JJ.…

Vigilantibus Non Dormientibus Jura Subveniunt – The law will assist only those who are vigilant about their rights and not those who sleep over them. Appellate Tribunal was empowered to condone the delay upto a period of period of 45 days – Therefore, the appellants cannot claim the benefit of the order passed by this Court on 23.03.2020, for enlarging, even the period up to which delay can be condoned.

  SUPREME COURT OF INDIA FULL BENCH SAGUFA AHMED AND OTHERS — Appellant Vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LIMITED AND OTHERS — Respondent ( Before : S. A. Bobde,…

Appellant was working as a typist/data entry operator in court premises in Delhi – High Court clearly erred in holding that compensation for loss of future prospects could not be awarded – High Court halved it to 45% on an entirely wrong application of some ‘proportionate’ principle (following the Pranay Sethi, (2017) 16 SCC 860 principle), which was illogical and is unsupportable in law

  SUPREME COURT OF INDIA FULL BENCH PAPPU DEO YADAV — Appellant Vs. NARESH KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Krishna Murari and S. Ravindra…

Gift Deed Property – Deficiency in stamp duty on deed – Imposition of extreme penalty HELD Collector is not required by law to impose the maximum rate of penalty as a matter of course whenever an impounded document is sent to him. He has to take into account various aspects including the financial position of the person concerned – It is only in the very extreme situation that penalty needs to be imposed to the extent of ten times

  SUPREME COURT OF INDIA FULL BENCH TRUSTEES OF H.C. DHANDA TRUST — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash…

Gift Deed Property – Deficiency in stamp duty on deed – Penalty – Facility to deposit the penalty by post dated cheques cannot be approved and the appellant being subsequent purchaser was liable to deposit the amount of penalty which was outstanding against the property and which was subject matter of the gift deed.

  SUPREME COURT OF INDIA FULL BENCH M/S. MSD REAL ESTATE LLP — Appellant Vs. THE COLLECTOR OF STAMPS AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash…

IMP : The deceased aged 21 years, a 3rd year student at the National Law University Jodhpur, was the only son of the petitioner. Court set aside the closure report and direct a de novo investigation by a fresh team of investigators to be headed by a senior police officer of the State consisting of efficient personnel well conversant with use of modern investigation technology

  SUPREME COURT OF INDIA FULL BENCH NEETU KUMAR NAGAICH — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira…

Arbitration and Conciliation Act, 1996 – Sections 11, 11(6) and 11(12)(a) – HELD the arbitration clause contained in in the main agreement would govern the parties insofar as the present nature of dispute that has been raised by them with regard to the price etc including recovery as against purchase order arbitration clause

  SUPREME COURT OF INDIA FULL BENCH BALASORE ALLOYS LIMITED — Appellant Vs. MEDIMA LLC — Respondent ( Before : S. A. Bobde, CJI. A. S. Bopanna and V. Ramasubramanian,…

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