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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.

The NGT has already directed the appellant to deposit Rupees one crore and has set up an expert committee to evaluate the impact of the appellant’s project and suggest remedial measures. In view of these circumstances, we uphold the directions of the NGT and direct that the committee continue its evaluation of the appellant’s project so as to bring its environmental impact as close as possible to that contemplated in the EC dated 2 May 2013 and also suggest the compensatory exaction to be imposed on the appellant

SUPREME COURT OF INDIA DIVISION BENCH KEYSTONE REALTORS PVT. LTD. — Appellant Vs. SHRI ANIL V THARTHARE AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay…

NCLT and NCLAT would have jurisdiction to enquire into questions of fraud, they would not have jurisdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 and the rules issued thereunder, especially when the disputes revolve around decisions of statutory or quasi-judicial authorities, which can be corrected only by way of judicial review of administrative action.

SUPREME COURT OF INDIA FULL BENCH M/S EMBASSY PROPERTY DEVELOPMENTS PRIVATE LIMITED — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, Aniruddha Bose…

Service Matters

Service Law – Technical Assesment Reports (TAR) – Mandatory requirement for fulfilling the eligibility criteriTAR may be taken into consideration while grading the officer for the purposes of ACR but once the ACR is being taken into consideration then in view of the office memorandum dated 12.05.2011 – TAR is the criteria which could not have been taken into consideration – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT.COL. SAMEER SINGH — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil…

Electricity Act, 2003 – Sections 62, 65 and 108 – Levy of wheeling charges and grid support charges – Plea of promissory estoppel is not attracted, and there was no unequivocal promise – There was no material change in the facts and circumstances of the case to attract the plea of promissory estoppel based on Government orders

SUPREME COURT OF INDIA FULL BENCH TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED — Appellant Vs. M/S RAIN CALCINING LIMITED AND OTHERS — Respondent ( Before : Arun Mishra, M.R. Shah…

Penal Code, 1860 (IPC) – Sections 302 and 149 – Criminal Procedure Code, 1973 (CrPC) – Section 161 – Murder -If the deposition of PW2 and PW3 are not reliable qua one of the accused on the grounds stated hereinabove and one of the accused came to be acquitted by giving benefit of doubt, the same benefit ought to have been given to the other accused also, unless there is some further material/evidence against the other accused.

SUPREME COURT OF INDIA DIVISION BENCH JODHRAJ AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

Service Matters

Service Law – Rate of wages – Contract Casual Labourers – Held, The contractor shall not be entitled to 471% ASOR basis with respect to supply of casual labourers as claimed by him – Therefore, it is specifically observed and held that the FCI shall be liable to pay the wages payable to the casual labourers under the subject contract according to the rates specified in the judgment and order dated 14.01.2010 passed by this Court in Civil Appeal Nos. 9472-9473/2003 and not on 471% ASOR basis

SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. PRATAP KUNDU — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil Appeal No.…

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