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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.

Penal Code, 1860 (IPC) – Sections 302, 404 and 34 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Sections 3 and 3(2)(v) – Murder – Appeal against Order of discharge – HELD In such a situation the proceedings shall proceed in an appropriate court for the offences punishable under IPC notwithstanding investigation and the charge­sheet being not liable to be accepted only in respect of offence under Section 3 of the Act for taking cognizance of that offence

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. BABBU RATHORE AND ANOTHER — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. ) Criminal…

Service Matters

Air Force Rules, 1969 – Rule 156 – Criminal Procedure Code, 1973 (CrPC) – Section 154 – Illegal transportation of Petrol, Oil & Lubricants – Tribunal held that the allegation against the Respondent being theft and misappropriation of kerosene and diesel, the loss caused due to theft required to be reported to the civil police as per Para 804(b) of the Regulations

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. CHANDRA BHUSHAN YADAV — Respondent ( Before : L. Nageswara Rao and Deepak Gupta, JJ. )…

Service Matters

Service Law – Regularization – It is clear from the order of appointment of the appellant that she was provisionally appointed to the post of EDE – It was clarified in the appointment order itself that the provisional appointment will be terminated when regular appointment is made and that she shall have no claim for appointment to any post

SUPREME COURT OF INDIA DIVISION BENCH KAMLESH — Appellant Vs. UNION OF INDIA THROUGH SECRETARY DEPARTMENT OF POST AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Deepak…

Civil Procedure Code, 1908 (CPC) – Order 8 Rule 1 – Decree of specific performance of an agreement to sell – Right to file written statement – within the shorter timeline of 90 days HELD – taking a lenient view given the unique circumstances of the case, and without laying down the discretion being exercised hereinafter, as a precedent, This Court direct that the written statement filed by the appellant on 02.11.2017 (as claimed), be taken on record – Cost Rs 25000

SUPREME COURT OF INDIA FULL BENCH DESH RAJ — Appellant Vs. BALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI — Respondent ( Before : S. A. Bobde, CJI., B.R. Gavai and…

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