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Electricity Law — Regulatory Power — Balancing contractual obligations and public interest —directions for restoration of PBG, extension of timelines, and tariff renegotiation must be within the four corners of the contract. Arbitration and Conciliation Act, 1996 — Sections 47 and 49 — Enforcement of Foreign Award — High Court found no grounds to refuse recognition of the award and held it enforceable, subject to RBI approval — Supreme Court agreed with this conclusion and directed execution proceedings to proceed. Goa Children’s Act, 2003 — Section 8(2) and Section 2(m) — Child Abuse — Conviction unsustainable — Accused allegedly casually hit injured child with own son’s school bag — No evidence of deliberate maltreatment, cruelty, exploitation or ill-treatment intended to cause harm — Act exceeded mere incidental quarrel — Medical examination could not rule out possibility of injury from fall — High Court also reduced sentence substantially — Held, conviction for child abuse not made out. Penal Code, 1860 — Sections 302, 376(2)(g), 201 – Conviction and sentence for rape and murder – Appeal against – Circumstantial evidence – Prosecution failed to establish complete chain of incriminating circumstances beyond reasonable doubt – Testimony of prosecution witnesses contained contradictions and improbabilities – Suspicious conduct of accused attributed as improvement – Reliance on DNA reports found unjustified due to failure to establish sanctity and chain of custody of samples – Supplementary DNA report inadmissible as expert was not recalled and report not put to accused. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 — Section 11(2) — Priority of payment of dues — Employees’ Provident Fund Organisation (EPFO) has a first charge on the assets of an establishment for its dues.

Right To File Regular Appeal Cannot Be Curtailed Merely Because Application To Set Aside Ex-Parte Decree Was Dismissed. heldBut where the defendant has been pursuing the remedy bona fide under Order IX Rule 13 CPC, if the court refuses to condone the delay in the time spent in pursuing the remedy under Order IX Rule 13 CPC, the defendant would be deprived of the statutory right of appeal.

Right To File Regular Appeal Cannot Be Curtailed Merely Because Application To Set Aside Ex-Parte Decree Was Dismissed: SC [Read Judgment] BY: ASHOK KINI21 Nov 2019 6:07 PM But where…

Penal Code, 1860 (IPC) – Section 354, 511 and 376 – Criminal force on the victim -Rape attempt – Delay in registering the FIR HELD Husband of the complainant ­victim (P.W.3) was staying in Nandprayag while the incident occurred in the remote village of Salna – Subsequent to the incident, the complainant­ victim first travelled to meet her husband (P.W.3) – After narrating the said incident to him, she further travelled to register a complaint before Chief Judicial Magistrate, Chamoli, which is again far off from the place of occurrence

SUPREME COURT OF INDIA DIVISION BENCH CHAITU LAL — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : N.V. Ramana and Ajay Rastogi, JJ. ) Criminal Appeal No. 2127…

Penal Code, 1860 (IPC) – Sections 302 and 326 – Criminal Procedure Code, 1973 (CrPC) – Sections 301, 301(2), 225 and 24(8) – Evidence Act, 1872 – Section 165 – Murder – Cross­examination of witnesses -‘Victim’s counsel has a limited right of assisting the prosecution, which may extend to suggesting questions to the Court or the prosecution, but not putting them by himself.’

Private Counsel Engaged By Victim To Assist Public Prosecutor Cannot Make Oral Argument/Cross Examine Witnesses: SC [Read Judgment] BY: ASHOK KINI20 Nov 2019 5:59 PM ‘Victim’s counsel has a limited…

Service Matters

Upon reaching a finding of arbitrariness in the selection process, the Court could at the most have issued a direction to the State Screening Committee to reassess the names of all candidates by giving due consideration to all relevant documents………….. it was not for the Court to sit in judgment over the merit of the candidates and substitute its reasoning for that of the Screening Committee. Appeal Allowed

SUPREME COURT OF INDIA DIVISION BENCH BAIDYANATH YADAV — Appellant Vs. ADITYA NARAYAN ROY AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and Ajay Rastogi, JJ. ) Civil…

Having regard to the material on record and since large amounts of money belonging to innocent investors have been siphoned off, as well as for the aforesaid reasons, the High Court, in our considered opinion, should not have released the Respondent on bail………the impugned order granting interim bail to the Respondent stands set aside.

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. RAMENDU CHATTOPADHYAY — Respondent ( Before : Mohan M. Shantanagoudar and Sanjiv Khanna, JJ. ) Criminal Appeal…

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