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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.
Service Matters

Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 2016 – Rule 12 – Rules not apply to Army Officers – It is categorically laid down in Rule 12 of the IDSE Rules that the Rules shall not apply to Army Officers appointed on a tenure basis as they are governed by the Army Act and the Rules framed thereunder – There is no dispute that the Respondent was appointed on a tenure basis in accordance with the MES Regulations

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. BRIG. BALBIR SINGH (RETD.) — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Environmental Clearance (EC) for the development of a greenfield International airport at Mopa in Goa – HELD This Court direct the National Environmental Engineering Research Institute to be appointed to oversee compliance with the directions cumulatively issued by this Court – Project proponent shall bear the costs, expenses and fees of NEERI – The suspension on the EC shall accordingly stand lifted – The Miscellaneous Application is accordingly disposed of.

SUPREME COURT OF INDIA DIVISION BENCH HANUMAN LAXMAN AROSKAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Special powers of High Court or Court of Session regarding bail HELD Jurisdiction of the Court under Section 439 of the Code is limited to grant or not to grant bail pending trial – Even though the object of the Hon’ble Judge was laudable but the jurisdiction exercised was clearly erroneous

SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE INSPECTOR OF POLICE — Appellant Vs. M. MURUGESAN AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

Service Matters

Service Law – Appointment – Direct recruitment to the posts of Administrative Officer/Assistant Assessor and Collector – Since the selection process has not been completed and keeping in view the mandate of the Statutory Rules – Appellants have no right to dispute the action of the Municipal Bodies to fill up the posts either by way of promotion or by deputation as such posts are being filled up in terms of mandate of the Rules

SUPREME COURT OF INDIA DIVISION BENCH MOHD. RASHID — Appellant Vs. THE DIRECTOR, LOCAL BODIES, NEW SECRETARIAT AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

Civil Procedure Code, 1908 (CPC) – Sections 96 and 100 – Transfer of Property Act, 1882 – Section 52 – Right to property – Second Appeal – Appellants were not the parties to the suit nor in the regular appeal – High Court has held that insofar as the locus of the appellants, they being third parties had no right to challenge the judgment and order passed by the Lower Appellate Court HELDSubstantial questions raised have not been appropriately dealt with and answered the matter would require reconsideration by the High Court – Appeal disposed of.

SUPREME COURT OF INDIA FULL BENCH GAJARABA BHIKHUBHA VADHER AND OTHERS — Appellant Vs. SUMARA UMAR AMAD (DEAD) THRU LEGAL HEIRS AND OTHERS — Respondent ( Before : R. Banumathi,…

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