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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.

Civil Procedure Code, 1908 (CPC) – Section 115 and Order 22 Rule 5 – Hindu Succession Act, 1956 – Section 15 – Will – Legal representatives – Appellant is the sole claimant to the estate of the deceased on the basis of Will – Executing Court has found that the appellant is the legal representative of the deceased competent to execute the decree – Appellant as the legal representative is entitled to execute the decree and to take it to its logical end HELD The determination as to who is the legal representative under Order 22 Rule 5 will of course be for the limited purpose of representation of the estate of the deceased, for adjudication of that case. No rs judicata

SUPREME COURT OF INDIA DIVISION BENCH VARADARAJAN — Appellant Vs. KANAKAVALLI AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal No. 5673…

Penal Code, 1860 (IPC) – Section 302 – Arms Act, 1959 – Section 25 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Evidence Act, 1872 – Sections 27 and 106 – Murder of wife – Burden of Proof – Where an offence like murder is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish the charge cannot be of the same degree as is required in other cases of circumstantial evidence.

SUPREME COURT OF INDIA DIVISION BENCH NAWAB — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Criminal Appeal No. 884 of…

Penal Code, 1860 (IPC) – Sections 34, 300, 302, 498-A, Section 304-Part II – Criminal Procedure Code, 1973 (CrPC) – Sections 313 – Evidence Act, 1872 – Section 106 – Murder of wife by throttling – Conviction and Sentence – Appeal against – In particular injuries suffered, it is quite clear that the act would fall within the scope of Section 300 of the IPC

SUPREME COURT OF INDIA DIVISION BENCH PAUL — Appellant Vs. STATE OF KERALA — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal No. 38…

Service Matters

Government of India Act, 1935 – Section 241(2)(b) – Enhancement of age of retirement HELD Appellant who attained the age of 60 years – Age of retirement which prevailed at the relevant time was not entitled to the benefit of the notification – not entitled to the enhanced age of retirement of 65 years

SUPREME COURT OF INDIA DIVISION BENCH CHANDRA MOHAN VARMA — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dr Dhananjaya Y. Chandrachud and Ajay Rastogi, JJ. )…

Dowry Prohibition Act, 1961 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 406, 420 and 498A – Criminal Procedure Code, 1973 (CrPC) – Section 216 – Framing of additional charges – It is clear that Section 216 provides the court an exclusive and wide-ranging power to change or alter any charge

SUPREME COURT OF INDIA DIVISION BENCH DR. NALLAPAREDDY SRIDHAR REDDY — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Service Matters

Karnataka State Civil Services (Unfilled Vacancies reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001 – Rule 6 – Eligibility for appointment HELD Merely because the 1st respondent had approached the High Court by filing of a writ petition, that would not be sufficient to exercise jurisdiction under Article 226 of the Constitution in over­reaching the rights of the candidates who were otherwise eligible for appointment – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH THE KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION LIMITED AND ANOTHER — Appellant Vs. SMT. H.L. KAVERI AND OTHERS — Respondent ( Before : Dr Dhananjaya…

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