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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.

Criminal Procedure Code, 1973 (CrPC) – Section 340 – Bihar Panchayat Raj Act, 2006 – Sections 122 and 140 – Recounting of votes- HELDA declaration is issued under Section 140 of the Act that the election of respondent No. 1 as returned candidate is set aside being invalid, and instead we declare the appellant/election petitioner as having been duly elected having secured highest votes

SUPREME COURT OF INDIA DIVISION BENCH CHANDESHWAR SAW — Appellant Vs. BRIJ BHUSHAN PRASAD AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Civil Appeal…

Service Matters

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – Sections 2(n), 3, 9 and 11 – University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 – Regulations 5 and 8 – Sexual harassment at workplace – Termination – Whether the order issued under the signatures of ViceChancellor of the Central University of Kerala is simplicitor termination or exfacie stigmatic? HELD exfacie stigmatic, employee reinstated.  

SUPREME COURT OF INDIA FULL BENCH DR. VIJAYAKUMARAN C.P.V. — Appellant Vs. CENTRAL UNIVERSITY OF KERALA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari,…

No Obligation On Airlines To Escort Passenger To Boarding Gate After Issuing Boarding Pass: SC HELD “After boarding pass is issued, the passenger is expected to proceed towards security channel area and head towards specified boarding gate on his own. There is no contractual obligation on the airlines to escort every passenger, after the boarding pass is issued to him at the check­in counter, up to the boarding gate

The Supreme Court has observed that there is no obligation on the airlines to escort every passenger after issuing him/her a boarding pass at the check-in counter until he/she reaches…

Insurance Act, 1938 – Section 64(VB)(3) – No risk can be assumed by the insurer unless the premium payable is received in advance – HELD Proposal does not conclude the contract – A contract postulates an agreement between the parties – In the present case, the insurer while issuing the new policy at a fresh location specifically excluded STFI perils and refunded the premium – To hold to the contrary would be rewriting the agreement between the parties and creating a fresh contract

SUPREME COURT OF INDIA DIVISION BENCH SHREE AMBICA MEDICAL STORES AND OTHERS — Appellant Vs. THE SURAT PEOPLE’S CO-OPERATIVE BANK LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya…

Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts and Bankruptcy Act 1993(RDB Act) HELD provisions of Limitation Act, including the provision to condone delay under Section 5 of it, apply only to original applications filed under Section 19 of the RDB Act and not to review applications.

DRT Has No Power To Condone Delay In Filing Review Application Under RDB Act : SC [Read Judgment] LIVELAW NEWS NETWORK 27 Jan 2020 12:59 PM The Supreme Court has…

Criminal Trial Law Does Not Taboo Adopting Of The Alternate Pleas By Accused HELD a murder accused can take a plea that he was not at all involved in the act which resulted in the death of the deceased, but that does not deprive him/her of the right to establish the fact that the case against him would still be embraced within any of the exceptions under Section 300 IPC.

[Criminal Trial] Law Does Not Taboo Adopting Of The Alternate Pleas By Accused: SC [Read Judgment] LIVELAW NEWS NETWORK 26 Jan 2020 8:27 PM The law does not taboo adopting…

Initiation of contempt proceedings – Notifications providing for consequential seniority in promotion to the Members of the SC/ST communities – In the absence of any quantifiable data relating to the issue of backwardness and inadequacy of representation of the concerned classes in public employment, no benefit of consequential seniority could be extended

SUPREME COURT OF INDIA FULL BENCH BAJRANG LAL SHARMA — Appellant Vs. C.K. MATHEW AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee and M.R. Shah, JJ.…

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