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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.

High Court dismissed the revision by observing that even though Session Court and High Court have concurrent revisionary jurisdiction but there was no special circumstance to bypass the forum of Session Judge—Appeal against this order—Held; keeping in view the matter is already pending for 16 years impugned order of High Court set aside-High Court to hear the revision on merits-Question of law left open

2019(1) Law Herald (SC) 637 : 2019 LawHerald.Org 614 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal No.…

Insurance—Where due to deficiency in service, the complainant has suffered loss of benefits of an escalation in his investment value than mere direction for refund of payment along with interest will not provide sufficient redressal of his grievance—Heavy Compensation amount over and above such amount should be awarded

2019(1) Law Herald (SC) 633 : 2019 LawHerald.Org 6O9 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hetnant Gupta Civil Appeal…

Agreement to Sell—Concurrent findings of fact—The issue of readiness and willingness is the most important issue for considering the grant of specific performance of the contract and the same having been held (in favour or against the plaintiff) by the Courts below on appreciation of evidence; is binding even on Supreme Court

2019(1) Law Herald (SC) 630 : 2019 LawHerald.Org 608 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…

Indian Penal Code, 1860, S.354 and S.448–Outraging modesty of woman-­Reduction in Sentence—Compounding of Offence—House Trespass-Incident is about 10 years old-Submission by complainant that with passage of time, the grudges amongst each other have vanished away and have taken a shape of friendship-Sentence reduced to period already undergone which was more than minimum prescribed sentence-­Criminal Procedure Code, 1973, S.320

2019(1) Law Herald (SC) 618 : 2018 LawHerald.Org 2138 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(s). 1415…

Service Matters

Service Law–Disability–Judicial Officer-Prescription of disability to the extent of 40% -50% for recruitment for the post of Civil Judge (Junior Division) is valid and it does not contravene any of the provisions of the Act, 1995 or any other statutory provision—Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.        

2019(1) Law Herald (SC) 351 : 2019 LawHerald.Org 547 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No, 83…

Arbitration—Objections—Condonation of Delay—Delay beyond prescribed period of three months and further period of 30 days on satisfaction of court from date of passing award cannot be condoned. Arbitration—Objections—Limitation—Section 14 of Limitation Act is applicable to an application under S.34 of 1996 Act.

2019(1) Law Herald (SC) 17 : 2018 LawHerald.Org 1955 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Vineet Saran Civil Appeal No.…

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