NUPUR'S - LATEST JUDGEMENTS & LEGAL NEWS UPDATES

Shivkishan Vs. Sujata Tarachand Makhija and Ors. [Civil Appeal Nos.7652-7653 of 2019 arising out of Special Leave Petition (Civil) Nos. 29516-29517 of 2016] [30-09-2019]

Shivkishan Vs. Sujata Tarachand Makhija and Ors. [Civil Appeal Nos.7652-7653 of 2019 arising out of Special Leave Petition (Civil) Nos. 29516-29517 of 2016] Uday Umesh Lalit, J. 1. Leave granted. 2. These appeals challenge the decisions of the High Court1, namely, (i) Judgment and Final Order dated 21.09.2015 passed in Writ Petition No.1460 of 2006 and; (ii) Final Order dated 01.08.2016 passed in Miscellaneous Civil Application No.206 of 2016 in Writ Petition No. 1460 of 2006(D .....
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State of Rajasthan Vs. Sahi Ram [Criminal Appeal No.1497 of 2019 arising out of SLP (CRL.) No.8428 of 2016] [30-09-2019]

State of Rajasthan Vs. Sahi Ram [Criminal Appeal No.1497 of 2019 arising out of SLP (CRL.) No.8428 of 2016] Uday Umesh Lalit, J. 1. Leave granted. 2. This appeal challenges the final order dated 07.04.2016 passed by the High Court1 in S.B. Criminal Appeal No.774 of 2015. 3. On receiving source information on 20.06.2006 that in a white coloured Tavera vehicle bearing registration No.RJ27-TC-0323 three persons were coming from Madhya Pradesh along with contraband material namely pop .....
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Can a case be compounded after conviction [30-09-2019]

Can a case be compounded after conviction [Read the Order]. Justice Sanjeev Sachdeva 29 Sep 2019 Delhi High Court has first convicted a person and then allowed him to compound the matter and acquitted him from the case. A bench of Justice Sachdeva has passed the order in the case titled as Babli vs State on 21.08.2019. Appellant impugns judgment dated 16.05.2018 and order on sentence dated 24.05.2018 whereby appellant has been convicted of an offence under Section 307/34 IPC .....
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Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc. [Criminal Appeal Nos. 14891490 of 2019 arising out of SLP (Criminal) Nos. 8968-8969 of 2019 arising out of Diary No. 23350/2017] [30-09-2019]

Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc. [Criminal Appeal Nos. 14891490 of 2019 arising out of SLP (Criminal) Nos. 8968-8969 of 2019 arising out of Diary No. 23350/2017] A.S. Bopanna,J. Delay condoned. 2. Leave granted. 3. The appellant Central Bureau of Investigation (CBI) is before this Court assailing the order dated 14.12.2015 passed by the High Court of Judicature at Bombay in Criminal Revision Application Nos. 284/2013 and 323/ .....
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Shrirang Yadavrao Waghmare Vs. State of Maharashtra and Ors. [Civil Appeal No. 7306 of 2019 arising out of SLP (C) No. 33818/2015] [30-09-2019]

Shrirang Yadavrao Waghmare Vs. State of Maharashtra and Ors. [Civil Appeal No. 7306 of 2019 arising out of SLP (C) No. 33818/2015] 1. Leave granted. 2. The appellant was a Judicial Officer. He was appointed as a Judicial Magistrate on 01.03.1985. On 08.02.2001, he was put under suspension and dismissed from service on 15.01.2004. The appellant challenged his writ petition filed before the High Court. The same was dismissed. Notice was issued in the special leave petition on 14.12.2015 l .....
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LANDMARK JUDGMENT : SECTION 139 OF THE N.I. ACT [30-09-2019]

LANDMARK JUDGMENT : SECTION 139 OF THE N.I. ACT Can accused be acquitted in cheque bounce case if the plaintiff has no money lending license? The Negotiable Instruments Act defines Law relating to negotiable instruments which are Promissory Notes, Bills of Exchange as well as cheques. A cheque is said to be bounced when a check cannot be processed because the account holder has non-sufficient funds. Section 139 of the N.I. Act says that there is assumption in favour of Holder that the cheq .....
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Supreme Court: No maintenance for wife who is working for sufficient salary [30-09-2019]

Supreme Court: No maintenance for wife who is working for sufficient salary [Read the Order] Apex Court Supreme Court has declined to award any maintenance to wife who was working with sufficient salary, however, it awarded maintenance to the daughter. A bench of Justice Shantanagoudar and Justice Khanna has passed the order in the case titled as KUSUM BHATIA vs SAGAR SETHI on 16.09.2019. A decree was passed on 21.03.2009 in HMA 128/2008 by Additional District Judge (ADJ), Delhi .....
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IMPORTANT DECISIONS ON ‘’23/09/2019’’ [30-09-2019]

*IMPORTANT DECISIONS* *(23.09.2019)* *The following are not head notes but only extracts of head notes. Our head notes are short, to the point, self explanatory and all law points settled are culled out in head notes. Read our head notes and feel the difference.* *Agreement to sell by landlord with tenant - Tenant not put into possession in part performance of agreement to sell - Landlord can seek eviction of tenant. (2016(2) Civil Court Cases 504 (Delhi)* *Bail - Grant or refusal of b .....
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Ker HC | Accused wrongfully charged of committing cheating and rape; Court grants bail in light of fabrication of facts by complainant [30-09-2019]

Ker HC | Accused wrongfully charged of committing cheating and rape; Court grants bail in light of fabrication of facts by complainant CASE BRIEFSHIGH COURTS Published on September 21, 2019 Kerala High Court: Alexander Thomas, J. disposed of a matter wherein a complaint was lodged against the petitioner accusing of committing rape and cheating. In the present case, the complainant, a married lady whose divorce proceedings were still underway had advertised in the matrimonial colum .....
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Anupal Singh and Others Vs. State of Uttar Pradesh through Principal Secretary, Personnel Department and Others [Civil Appeal No.4815 of 2019] [01-10-2019]

Anupal Singh and Others Vs. State of Uttar Pradesh through Principal Secretary, Personnel Department and Others [Civil Appeal No.4815 of 2019] [C.A. No. 4817/2019] [C.A. No. 4816/2019] [C.A. No. 4819/2019] [C.A. No. 4818/2019] [C.A. No. 4821/2019] [C.A. No. 4820/2019] [C.A. No. 4830/2019] [C.A. No. 4829/2019] [C.A. No. 4833/2019] [C.A. No. 4825/2019] [C.A. No. 4827/2019] [C.A. No. 4834/2019] [C.A. No. 4828/2019] [C.A. No. 4824/2019] [C.A. No. 4835/ .....
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PRITI KUMARI vs. STATE OF BIHAR [02-10-2019]

PRITI KUMARI vs. STATE OF BIHAR IMPORTANT Courts at place where wife has taken shelter also have jurisdiction to entertain complaint alleging commission of offences under Section 498A of IPC. Criminal Procedure Code, 1973 Section 177 and 178 Indian Penal Code, 1860 Section 498A Harassment - Jurisdiction - Courts at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives - Also have jurisdiction to .....
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WILL IPC 279, 337,338 HAVE ANY IMPACT ON THE ISSUE OF PASSPORT? [02-10-2019]

WILL IPC 279, 337,338 HAVE ANY IMPACT ON THE ISSUE OF PASSPORT? Unless a court of law hinders one from getting a Passport, by the fundamental right anyone can get Passport. But a court of law can seize one’s Passport and forbid the holder from going abroad until the case against him/her has been disposed of. When people who are charged with relatively less offensive sections wherein no criminal intention or mindset is reflected in the part of the accused, are normally worried about getting .....
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Bom HC | Interference with issuance of process under S. 138 read with S. 141 NI Act declined where Directors had resigned, but the resignation was not approved [03-10-2019]

Bom HC | Interference with issuance of process under S. 138 read with S. 141 NI Act declined where Directors had resigned, but the resignation was not approved CASE BRIEFS HIGH COURTS Published on October 3, 2019 Bombay High Court: S.S. Shinde, J. refused to interfere with the order of the Magistrate whereby process was issued against the applicants (directors of the accused company) for commission of offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 188 .....
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Armed Forces (Special Powers) Act extended in three districts of Arunachal Pradesh till 31-03-2020 LEGISLATION UPDATESNOTIFICATIONS [03-10-2019]

Armed Forces (Special Powers) Act extended in three districts of Arunachal Pradesh till 31-03-2020 Published on October 1, 2019 Union Ministry of Home Affairs issues notification declaring Tirap, Changlang, and Longding districts in Arunachal Pradesh, and areas under four other police stations as “disturbed area” up to 31st March 2020, unless withdrawn earlier. S.O. 3559(E).— Whereas the Central Government in exercise of the powers conferred by Section 3 of the Armed Forces (Speci .....
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Compromise decree. [03-10-2019]

Compromise decree. No independent suit is maintainable for cancellation of compromise decree bsed on fraud. Appliction for setting aside such fraudulent decree to be moved only before the court that passed the compromise decree. R. Rajanna Vs. S.R. Venkataswamy MANU/SC/1060/2014 : (2014) 15 SCC 471, dealth with the question "can the validity of a decree passed on a compromise be challenged in a separate suit?" Held that Order XXIII Rule 3A of the CPC clearly bars a suit to .....
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Service Law — Promotion — Departmental examination: [03-10-2019]

Service Law — Promotion — Departmental examination: In this case, for the post of Sub-Inspector (Civil Police), there was recruitment through limited departmental examination. There was eligibility criteria in terms of U.P. Sub-Inspector and Inspector (Civil Police) Service Rules, 2008 stipulating requirement of obtaining 50% marks in each subject. Contention that requirement of securing 50% marks was to be reckoned paperwise and not subjectwise was rejected in view of express language o .....
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Protection of Women From Domestic Violence Act, [03-10-2019]

Protection of Women From Domestic Violence Act, 2005 Section 23 Award of interim maintainence - Revision against order of award is maintainable - Since order passed under Section 23 though limited in its jurisdiction till the main proceedings is a final order, hence there is no Bar for entertaining a revision. Amir Khan v. State of Rajasthan, (Rajasthan)(Jaipur Bench) 2019(3)Cri.CC 227. .....
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Ravishankar @ Baba Vishwakarma Vs. State of Madhya Pradesh [Criminal Appeal No. 1523-1524 of 2019 arising out of Special Leave Petition (CRL.) Nos. 9254- 9255/2019 CRL. M.P. Nos. 5704-5705 of 2017] [05-10-2019]

Ravishankar @ Baba Vishwakarma Vs. State of Madhya Pradesh [Criminal Appeal No. 1523-1524 of 2019 arising out of Special Leave Petition (CRL.) Nos. 9254- 9255/2019 CRL. M.P. Nos. 5704-5705 of 2017] SURYA KANT, J. Delay condoned. Leave granted. 2. Hovering between life and death, the appellant assails the judgment dated 6th December, 2016 passed by the High Court of Madhya Pradesh at Jabalpur whereby the death reference made by the IIIrd Additional Sessions Judge, Gadarwara, Distri .....
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Satish Kumar Vs. State of Haryana [Criminal Appeal No. 1835 of 2010] [05-10-2019]

Satish Kumar Vs. State of Haryana [Criminal Appeal No. 1835 of 2010] SANJIV KHANNA, J. The impugned judgment dated September 19, 2008 passed by the Punjab & Haryana High Court affirms conviction of the present appellant Satish Kumar and one Dhajja Ram for murder of Shamsher under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the "Code"), for which the appellant has been sentenced to imprisonment for life and fine of Rs. 10,000/- with default stipu .....
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Section 313 CrPC, Audi Alteram Partem, and the Rights of the Accused [08-10-2019]

Section 313 CrPC, Audi Alteram Partem, and the Rights of the Accused Bar & Bench October 7 2019 Section 313 FacebookTwitterWhatsAppShare301 Chetan Lokur The Criminal Procedure Code, 1973 guarantees certain basic rights to the accused, including the right to be supplied a copy of all the documents on which the prosecution proposes to rely (Sections 207 and 208, CrPC); the right to lead evidence in defence (Section 243); the right to be present during the recording of evidence (Section 27 .....
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Compromise decree. [08-10-2019]

Question for the larger bench: What will happen to the proceedings already recorded in a court which had no jurisdiction in a civil dispute [08-10-2019]

Question for the larger bench: What will happen to the proceedings already recorded in a court which had no jurisdiction in a civil dispute. Justice Aniruddha Bose-Justice Deepak Gupta 09 Oct 2019 Supreme Court prima facie feels that when a Court orders return of the plaintt he Court exercising its inherent jurisdiction should return the plaint, which is the property of the plaintiff, to the plaintiff but should also transfer the other material on record to the Court to which the pla .....
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FIR against doctor for negligence cannot be registered unless the police authorities obtain an expert opinion [08-10-2019]

FIR against doctor for negligence cannot be registered unless the police authorities obtain an expert opinion [Read the Order] Medical Negligence 09 Oct 2019 Delhi High Court has set aise the order of MCI which has given clean chit to a doctor who was alleged to have committed death due to negligence while performing some medical procedure and diirected the MCI to pass fresh order. A bench of Justice Bakhru has passed the order in the case titled as Ramesh Dutt Sharma vs Medical Cou .....
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Fainul Khan v. State of Jharkhand [09-10-2019]

Fainul Khan v. State of Jharkhand The Indian Penal Code, 1860 – Section 302/149 & 323/149 and 147 – The Code of Criminal Procedure, 1973 – Section 464 – Effect of omission to frame, or absence of, or error, in charge – The objection about a defective charge, without any evidence of the prejudice caused, has been raised for the first time in the present appeal and for that reason also merits no consideration. The Code of Criminal Procedure, 1973 – Section 313 – Power to examin .....
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Vidhi Himmat Katariya v. State of Gujarat [09-10-2019]

Vidhi Himmat Katariya v. State of Gujarat Right of Persons with Disabilities Act, 2016 – Section 32 – When the experts in the field have opined against the petitioners, the Court would not be justified in sitting over as an appellate authority against the opinion formed by the experts. Case Number : W.P. (C) No. 885 of 2019 04-10-2019 Petitioner’s Advocate : Krishna Kumar Singh Bench : Hon’ble Mr. Justice Arun Misra, Hon’ble Mr. Justice M.R. Shah, Hon’ble Mr. Justice B.R. .....
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State of Arunachal Pradesh v. Ramchandra Rabidas @ Ratan RabidasJI [09-10-2019]

State of Arunachal Pradesh v. Ramchandra Rabidas @ Ratan Rabidas Motor Vehicles Act, 1988 – Driving of Motor Vehicle – Whether road traffic offences shall be dealt with only under the provisions of M.V. Act and in cases of road traffic or motor vehicle offences, prosecution under the provisions of Indian Penal Code,1860 is without sanction of law, and recourse to the provisions of the IPC would be unsustainable in law? Held, a prosecution, if otherwise maintainable, would lie both under t .....
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Section 50 of the NDPS Act: Use of different terms describing a gazetted officer may create a doubt about the compliance of requirements [09-10-2019]

Section 50 of the NDPS Act: Use of different terms describing a gazetted officer may create a doubt about the compliance of requirements [Read the Order] Justice Vibhu Bakhru 09 Oct 2019 Delhi High Court has observed that use of such different terms describing a gazetted officer does create a doubt whether the notice under Section 50 of the NDPS Act had been properly explained to the respondent. A bench of Justice Bakhru has passed the order in the case titled as State vs Vicky on 1 .....
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Supreme Court: Child has a Right to the Affection of both the Parents [09-10-2019]

Supreme Court: Child has a Right to the Affection of both the Parents (Read Order) 09 Oct 2019 Marriage and Divorce News While considering a Special leave petition filed by a father, the Supreme Court observed that a child has a right to the affection of both his parents. The top court directed the Family Court to "Ensure that visitation rights are fixed in such a manner that the child gets to know and love his father." However, the bench of Justices Deepak Gupta & Surya Kant ref .....
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Supreme Court : Divorce on Grounds of Desertion Subject to Maintenance [10-10-2019]

Supreme Court : Divorce on Grounds of Desertion Subject to Maintenance Supreme Court 10 Oct 2019 The Top Court on Saturday ruled that a wife, who has been divorced on the ground of desertion, is entitled to claim maintenance from her ex-husband. A bench headed by Justice Deepak Gupta dismissed the petitioner's (husband) plea to refer the matter to a larger bench. "This view has been consistently taken by this Court & the said view is in line with both the letter & spirit of the C .....
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Kar HC | Sessions Court has absolutely no power to pass an order under S. 15 of JJ Act; Statutory power vested with JJ Board [11-10-2019]

Kar HC | Sessions Court has absolutely no power to pass an order under S. 15 of JJ Act; Statutory power vested with JJ Board CASE BRIEFSHIGH COURTS Published on October 10, 2019 Karnataka High Court: K.N. Phaneendra, J. while allowing the present appeal against the order of the II Additional District and Sessions Judge directed the Sessions Judge to refer the matter to the Juvenile Justice Board as the said order passed by the Sessions Judge is not sustainable either in law or on facts. .....
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District Judge AK Mendiratta appointed as new Union Law Secretary [14-10-2019]

District Judge AK Mendiratta appointed as new Union Law Secretary October 15 2019 AK Mendiratta Sitting District & Sessions Judge (North East) of the Delhi's Karkardooma Courts Anoop Kumar Mendiratta has been appointed as the new Union Law Secretary. As per reports, it is the first time a sitting judge has been appointed as Law Secretary. AK Mendiratta has been appointed till March 30, 2023, or until he attains the age of 60, whichever is earlier. Before his stint at Karkardooma, .....
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POCSO cases: Absence of positive FSL report will not cast any doubt on the testimony of the victim [Read the Order] POCSO Crimes [21-10-2019]

POCSO cases: Absence of positive FSL report will not cast any doubt on the testimony of the victim [Read the Order] POCSO Crimes 20 Oct 2019 Delhi High Court has observed that FSL report is only a corroborative piece of evidence and merely because it does not corroborate the testimony of the victim would not, in any manner, render the testimony of the witness, which is otherwise reliable, as unreliable or liable to be discarded. A bench of Justice Sachdeva has passed the order in th .....
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Domestic Violence Act, [21-11-2019]

_* ,Domestic Violence Act, Section 12 Grant of maintenance-Both parents have a legal, moral and social duty to provide to their child best education and standard of living within their meansMere fact that spouse with whom child is living is having a source of income, even if sufficient, would in no way absolve other spouse of his obligation to make his contribution towards maintenance and welfare of child Statutory obligation is paramount to wish of father and he cannot be permitted to limit thi .....
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Dishonour of cheque [21-11-2019]

Dishonour of cheque Sentence Reduction of substantive sentence to till rising of court and reduction of compensation amount And grant of other reliefs to petitioner such as liberty to make the payments directly to the complainant etc. etc. Legality. [2019 SAR (Criminal).........Supreme Court........IN.......Lenin Vs. State of Kerala & Anr.; Special Leave Petition (Crl.) No.4593 of 2019; Decided on 6th May, 2019.] .....
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Right To File A Regular Appeal [23-11-2019]

Right To File A Regular Appeal Right to file an appeal under Section 96(2) CPC is a statutory remedy. The right to appeal is not a mere matter of procedure; but is a substantive right. Right to appeal under Section 96(2) CPC challenging the original decree passed ex-parte, being a statutory right, the defendant cannot be deprived of the statutory right merely on the ground that the application filed under Order IX Rule 13 CPC was earlier dismissed. The defendant against whom an ex-parte .....
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Ravindra Saxena v. State of Rajasthan, Crl.A. No. 2406 of 2009 SC December 15, 2009 [24-11-2019]

Ravindra Saxena v. State of Rajasthan, Crl.A. No. 2406 of 2009 SC December 15, 2009 The Indian Penal Code, 1860 – Section 420, 467, 468, 120-B – The Code of Criminal Procedure, 1973 – Section 438 – Anticipatory Bail – Denial of anticipatory bail only on the ground that the challan has been presented would not satisfy the requirements of Sections 437 and 438 Cr.P.C. AIR 2010 SC 1225 : AIR 2010 SCW 523 : 2010 ANJ (Supp.1) 1 : 2010 (2) Bom. C.R. (Cri.) 125 : 2010 (1) Crimes 30 : J .....
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Party Name:- Hammad Ahmed v/s Abdul_ _Case No:- CA 3382/19_ _Date:- 13/04/19*_ [24-11-2019]

_"SC Civil*_ _*Party Name:- Hammad Ahmed v/s Abdul*_ _*Case No:- CA 3382/19*_ _*Date:- 13/04/19*_ _*Uday Umesh JJ*_ _*HEADNOTE:- Order 39 Rules 1 and 2 CPC Specific Relief Act, -Section 39-Interim injunction-Ad interim mandatory injunction, is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction-Court would grant such an interim relief only if it is satisfied that wit .....
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Acquittal Dowery death case [24-11-2019]

Acquittal Dowery death case Mother of appellant who was equally complicit as him in all the demands has been held guilty only under Section 498A, IPC Appellant also entitled to benefit of doubt. [2019 SAR (Criminal).........Supreme Court........IN........Satyavart Vs. State of Haryana; Criminal Appeal No. 231 of 2010; Decided on 19th September, 2019.] .....
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Matrimonial Law [25-11-2019]

Matrimonial Law Quashing of complaint alleging offence of cruelty and demand of dowery Rejection of application, for Improper as the parties have amicably resolved all their differences and consciously chose to unconditionally drop all proceedings related to marriage inter se including the criminal action initiated by the complainant. [2019 SAR (Criminal).........Supreme Court.......IN........Rajiv Kumar Sharma & Anr. vs. The State of Uttar Pradesh & Anr.; Criminal Appeal No.1599 o .....
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Proteins Pvt. Ltd. Vs Himanshu Foods Pvt. Ltd_ _Case No:- RFA 2/16*_ [25-11-2019]

_*DHC Civil*_ _*Party Name:- Ajanta Raj Proteins Pvt. Ltd. Vs Himanshu Foods Pvt. Ltd*_ _*Case No:- RFA 2/16*_ _*Date:- 31/10/18*_ _*HEADNOTE:- O.37.R.3(5) CPC Summary suit - Leave to defend -Error in summons by Trial Court cannot provide a defence to defendants to steal a march on plaintiff, which would entitle defendants to leave to defend, as objection is not directed against plaintiff but in fact is directed against Registry of Trial Court. (Paras 13 & 14)*_ .....
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Bhupendra v/s Reema_ _Case No:- CA 6219/18*_ [25-11-2019]

_*SC Civil*_ _*Party Name:- Bhupendra v/s Reema*_ _*Case No:- CA 6219/18*_ _*Date:- 10/07/18*_ _*HEADNOTE:- Hindu Marriage Act, Section.13-B Divorce by mutual consent Parties compromised during pendency of appeal in Supreme Court against order of High Court reversing decree of divorce-Independent and conscious decision taken by parties to a decree of divorce by mutual consent-Joint application for divorce by mutual consent signed by respective counsel along with two separate affidavits s .....
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SUPREME COURT: ANCESTRAL AGRICULTURE LAND NOT TO BE SOLD TO OUTSIDERS [25-11-2019]

SUPREME COURT: ANCESTRAL AGRICULTURE LAND NOT TO BE SOLD TO OUTSIDERS The Supreme court had taken a big decision on ancestral property rights. The Court stated that if any Hindu heterogenous person needs to sell his share of heritage property then he should have to give priority to the person in the house. There was a confusion that whether agriculture land comes under section 22 of the hindu succession act. Accrding to the act after the death f a person the propert will directlt comes to his .....
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SC Ruling: Women Can Now File Domestic Violence Case (498A) [25-11-2019]

SC Ruling: Women Can Now File Domestic Violence Case (498A) Women can file domestic violence case against their husband and in-laws under 498A from wherever they seek shelter after leaving their marital home – recent Supreme Court judgement. In a landmark judgement affecting women who face domestic violence, the Supreme Court on Tuesday passed a ruling stating that a woman who is forced to leave her matrimonial home due to harassment, can file a case against her estranged husband and in .....
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[26-11-2019]

SUPREME COURT OF INDIA Before:- T.S. Thakur, C.J.I. and Mrs. R. Banumathi, J. Civil Appeal No. 4409 of 2011 with SLP(C) No. 22765 of 2011. D/d. 11.02.2016. Ex. Hav Mani Ram Bhaira - Appellant Versus Union Of India And Ors. - Respondents For the Appellants :- Mr. Prasang Shukla, Ms. Asha Upadhayay, Mr. R. D. Upadhyay, Mr. Anand Mishra, Mr. A. Kumar Singh, Dr. Charuwali Khanna, Dr. (Mrs. ) Vipin Gupta, Advocates For the Respondents :- Mr. P.S. Narasimha, ASG, Ms. B.Sunita Rao, M .....
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IMPORTANT DECISIONS (30.11.2019) [30-11-2019]

IMPORTANT DECISIONS (30.11.2019) Abetment of suicide - Daily quarrels and discords - Cannot be termed as abetment, forcing deceased to commit suicide. (2016(1) Criminal Court Cases 728 (H.P.) Agreement to sell - Absence of signatures of buyer - However, signatures of buyer and seller on receipt - This ipso facto do not nullify agreement. (2019(4) Civil Court Cases 079 (S.C.) Bail - Bail granted u/s 167(2) Cr.P.C. can be cancelled. (2016(1) Criminal Court Cases 808 (Kerala) Condonati .....
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IMPORTANT DECISIONS (29.11.2019) [30-11-2019]

IMPORTANT DECISIONS (29.11.2019) Agreement to sell - Readiness and willingness - Self serving statement of income - Cannot be relied upon in absence of proof of financial resources to return a finding that plaintiff was ready and willing to perform her part of the contract. (2019(4) Civil Court Cases 571 (S.C.) Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction. (2019(3) Civil Court Cases 415 (Rajasthan) Compromise decree - Does no .....
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Muslim Women (Protection of Rights on Divorce) Act, [14-01-2020]

_*• Muslim Women (Protection of Rights on Divorce) Act, Sections 3 and 4 Divorce Grant of maintenance to divorced wife Petitioner is entitled to get maintenance/fair provision for future of divorced wife Trial Court was wrong in rejecting application of petitioner on that score that she was not entitled to get any maintenance after Iddat period Impugned order set aside Failure to pay arrear maintenance or current maintenance will give right to petitioner to pray for execution of order and in e .....
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[17-01-2020]

Abetment of suicide - Difference of opinion and thought process between husband and wife made wife unhappy - Wife was unhappy at donning role of a home maker, whereas she preferred to become successful in life - Such circumstances do not constitute an offence u/s 306 IPC. (2018(3) Criminal Court Cases 856 (P&H) Additional evidence at appellate stage - Once allowed other party be given opportunity to file additional evidence by way of rebuttal. (2016(4) Civil Court Cases 242 (S.C.) Adverse .....
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Bom HC | Law does not permit trial court to reconstruct a new theory of its own from residual parts of prosecution evidence to convict the accuse [18-01-2020]

Bom HC | Law does not permit trial court to reconstruct a new theory of its own from residual parts of prosecution evidence to convict the accuse Bombay High Court: K.K. Sonawane, J., allowed an appeal filed against the order of the trial court whereby the appellant was convicted for committing the offence of cruelty to women punishable under Section 498-A IPC and for abetment of suicide punishable under Section 306 IPC. The appellant was the sister-in-law of the deceased. The prosecution .....
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Yashita Sahu v. State of Rajasthan [20-01-2020]

Yashita Sahu v. State of Rajasthan Custody of Child – ‘Contact rights’ – the parent who is denied custody of the child should have the right to talk to his / her child for 5-10 minutes everyday. The concept of contact rights in the modern age would be contact by telephone, email or in fact, we feel the best system of contact, if available between the parties should be video calling. With the increasing availability of internet, video calling is now very common and courts dealing .....
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M/s Fair Communciation and Consultant v. Surender Kardile Benami Transaction [20-01-2020]

M/s Fair Communciation and Consultant v. Surender Kardile Benami Transactions – the onus of establishing that a transaction is benami is upon one who asserts. The Benami Transactions (Prohibition) Act, 1988 – Sections 3 and 4 – Prohibition of benami transactions – Prohibition of the right to recover property held benami – Benami is defined by the Act as a transaction where (a) where a property is transferred to, or is held by, a person, and the consideration for such property has b .....
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5 Important Supreme Court Judgments [Monday, 20 January, 2020] [20-01-2020]

5 Important Supreme Court Judgments [Monday, 20 January, 2020] 1. Pawan Kumar Gupta v. State of Nct of Delhi The Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Whether plea of Juvenility can be raised at any stage – Procedure to be followed to determine the age of the accused claiming to be juvenile. Once the procedure as stipulated under the Act has been followed, that order shall be the conclusive proof of the age as regards the child in conflict with .....
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[21-01-2020]

Whether petition for Divorce can be converted in to petition for Divorce by mutual consent? [22-01-2020]

Whether petition for Divorce can be converted in to petition for Divorce by mutual consent? A bare perusal of the application for amendment under Order 6, Rule 17, C. P.C. as also of the petition under Section 13-B(2) of the Act shows that the agreement between the parties to separate as also the terms with regard to alimony. Maintenance, custody of the child and disposal of property were negotiated and settled only during the pendency of the divorce petition. These were obviously subsequent .....
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Tiran P.C Alles v. Attorney General, CA (PHC) APN: 35 of 2018, decided on 14-01-2020] [22-01-2020]

SL CoA | Judge has discretion to permit the applicant to lead evidence for reaching ends of justice Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of K. K. Wickremasinghe and K. Priyantha Fernando, JJ., dismissed a revision application to set aside the order of the High Court. The Accused-Petitioner and three others were indicted before the High Court for offences under Public Property Act, 1982. The Prosecution had tendered the notice of computer-ge .....
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Supreme Court 2018-2019 excerpts on "Rape on false promise to marriage" [23-01-2020]

Supreme Court 2018-2019 excerpts on "Rape on false promise to marriage" 1. Pramod Suryabhan Pawar vs The State Of Maharashtra on 21 August, 2019 Thus, the court must examine whether there was made, at an early stage a false promise of marriage by the accused…" 15 In Yedla Srinivasa Rao v State of Andhra Pradesh11the accused forcibly established sexual relations with the complainant. When she asked the accused why he had spoiled her life, he promised to marry her. 2. Anurag Soni vs The S .....
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THE POWER OF THE MAGISTRATE UNDER SECTION 156 (3) Cr.P.C. [25-01-2020]

THE POWER OF THE MAGISTRATE UNDER SECTION 156 (3) Cr.P.C. The information under section 154 of Cr.P.C is generally known as F.I.R. It is pertinent to see that the word '' first'' is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as FIRST INFORMATION REPORT. Nevertheless a person,who is a grievance that police officer is not registering FIR under section 154 of Cr.P.C, such a person can approach Superintendent of Police (SP), with written application, under sub-section 3 .....
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Section 357 Cr.P.C.; 11 Legal Points [25-01-2020]

Section 357 Cr.P.C.; 11 Legal Points Order to pay compensation : Section 357 Cr.P.C. Section 357 Cr.P.C. empowers the Court to award compensation to victims who have suffered by the action of the accused. The object of the Sec.357(3) Cr.P.C. is to provide compensation to the victims who have suffered loss or injury by reason of the act of the accused. Mere punishment of the offender cannot give much solace to the family of the victim – civil action for damages is a long drawn and a cu .....
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3 Landmark SC Decisions on Inherent Lack of Jurisdiction [25-01-2020]

3 Landmark SC Decisions on Inherent Lack of Jurisdiction A decree passed by a court having inherent lack of jurisdiction over the subject matter is a nullity and incapable not only of execution, but also producing any legal result. See Also : When a suit is instituted before a court having no jurisdiction over the subject matter, is it possible, by act of the parties subsequent thereto, to validate its institution ? Supreme Court Decisons on Jurisdiction 1. Hira Lal Patni v. Sri Kali N .....
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Indusind Media & Communications Ltd. Vs. Commissioner of Customs, New Delhi [Civil Appeal No. 2498 of 2018] [30-09-2019]

Indusind Media & Communications Ltd. Vs. Commissioner of Customs, New Delhi [Civil Appeal No. 2498 of 2018] Uday Umesh Lalit, J. 1. This Appeal under Section 130E of the Customs Act, 1962 (hereinafter referred to as 'the Act') arises out of Order No.C/A/57743/2017 dated 09.11.2017 passed by the Customs Excise and Service Tax Appellate Tribunal (for short, 'the Tribunal') dismissing Appeal No.C/51770 of 2016 preferred by the appellant herein. 2. The basic facts leading to the issuance .....
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5 LANDMARK JUDGEMENTS UNDER INDIAN EVIDENCE ACT 1972 [30-09-2019]

LANDMARK JUDGMENTS UNDER INDIAN EVIDENCE ACT 1972 Bronze medal Reporter adv.John Posted 18 Sep 2017 Read More News and Blogs 5 Landmark Judgments under Indian Evidence Act 1972 5 Landmark Judgments under Evidence Act 1972 1. Mafatlal Industries Ltd. and Ors. v. Union of India and Ors. This judgment says about the validity of section 113-B. The controversy centres around the tenability or otherwise of the claim for refund of the amounts paid by way of excise duty under the Cent .....
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Guru @ Gurubaran & Ors. Vs. State represented by Inspector of Police [Criminal Appeal No. 1893 of 2010] [30-09-2019]

Guru @ Gurubaran & Ors. Vs. State represented by Inspector of Police [Criminal Appeal No. 1893 of 2010] Deepak Gupta, J. 1. This appeal is filed by Accused Nos. 1, 2, 3, 5 and 9 against the judgment of the High Court whereby Guru @ Gurubaran (A1) and Durai @ Durairajan (A2) have been convicted under Section 302, Indian Penal Code (IPC) and sentenced to imprisonment for life and to pay a fine of Rs.1000/each with default sentence of 3 months rigorous imprisonment (RI). As far as Vettri @ .....
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Shivkishan Vs. Sujata Tarachand Makhija and Ors. [Civil Appeal Nos.7652-7653 of 2019 arising out of Special Leave Petition (Civil) Nos. 29516-29517 of 2016] [30-09-2019]

State of Rajasthan Vs. Sahi Ram [Criminal Appeal No.1497 of 2019 arising out of SLP (CRL.) No.8428 of 2016] [30-09-2019]

Can a case be compounded after conviction [30-09-2019]

Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc. [Criminal Appeal Nos. 14891490 of 2019 arising out of SLP (Criminal) Nos. 8968-8969 of 2019 arising out of Diary No. 23350/2017] [30-09-2019]

Shrirang Yadavrao Waghmare Vs. State of Maharashtra and Ors. [Civil Appeal No. 7306 of 2019 arising out of SLP (C) No. 33818/2015] [30-09-2019]

Anupal Singh and Others Vs. State of Uttar Pradesh through Principal Secretary, Personnel Department and Others [Civil Appeal No.4815 of 2019] [01-10-2019]

SUPREME COURT OF INDIA Before: Arun Mishra, S. Abdul Nazeer & M.R. Shah, JJ. Civil Appeal No.7764 of 2014 [30-09-2019]

SUPREME COURT OF INDIA Before: Arun Mishra, S. Abdul Nazeer & M.R. Shah, JJ. Civil Appeal No.7764 of 2014 Decided on: 07.08.2019 Ravinder Kaur Grewal & ors. - Appellants Versus Manjit Kaur & ors. - Respondents Alongwith S.L.P. (C) Nos.8332-8333 of 2014, Radhakrishna Reddy (D) through Lrs. v. G. Ayyavoo & ors. A. Limitation Act, 1963 (36 of 1963), Article 65, Section 27 -- Adverse possession by trespasser – Possession as trespasser is not adverse nor long possession is synonym w .....
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LANDMARK JUDGMENT : SECTION 139 OF THE N.I. ACT [30-09-2019]

Supreme Court: No maintenance for wife who is working for sufficient salary [30-09-2019]

K.H. Nazar Vs. Mathew K. Jacob & Ors.[Civil Appeal Nos. 7699-7700 of 2019 arising out of SLP (C) Nos. 7792-7793 of 2019] [Civil Appeal Nos. 7699-7700 of 2019 arising out of SLP (C) Nos. 7792-7793 of 2019] [01-10-2019]

[Civil Appeal Nos. 7699-7700 of 2019 arising out of SLP (C) Nos. 7792-7793 of 2019] L. NAGESWARA RAO, J. Leave granted. 1. The width and amplitude of the expression 'commercial site' in Section 2 (5) and Section 81 (1) (q) of the Kerala Land Reforms Act, 1963 (for short, "the Act"), falls for our consideration in these Appeals. Commercial sites are exempted from the purview of the Act. The question whether a rocky land which is used for quarrying purposes can be treated as a 'commercial .....
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IMPORTANT DECISIONS ON 23/09/2019 [30-09-2019]

Ker HC | Accused wrongfully charged of committing cheating and rape; Court grants bail in light of fabrication of facts by complainant [30-09-2019]

The Secretary, Government of India & Ors. Vs. Dharambir Singh [Civil Appeal No. 4981 of 2012] [01-10-2019]

The Secretary, Government of India & Ors. Vs. Dharambir Singh [Civil Appeal No. 4981 of 2012] HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order dated March 7, 2011 passed by the Armed Forces Tribunal, Chandigarh, Regional Bench at Chandimandir1, granting disability pension to the respondent Dharambir Singh, as the injury was found to be attributed to military service. 2. The undisputed facts are that the respondent joined Territorial Army on December 28, 1981 and .....
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M. Abbas Haji Vs. T.N. Channakeshava [Criminal Appeal No.664 of 2012 [01-10-2019]

M. Abbas Haji Vs. T.N. Channakeshava [Criminal Appeal No.664 of 2012] DEEPAK GUPTA, J. Delay in filing substitution application is condoned. Application for substitution is allowed and abatement is set-aside. This appeal is directed against the order dated 22.10.2008, whereby the High Court allowed the appeal of the complainant and held the original appellant before us (since deceased), whose legal representatives are on record, liable for conviction under Section 138 of the Negotiable .....
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PRATIMA DEVI vs. ANAND PRAKASH Criminal Procedure Code, Section 25. [02-10-2019]

PRATIMA DEVI vs. ANAND PRAKASH Criminal Procedure Code, Section 25. [Para ] Before :- Deepak Gupta and Aniruddha Bose, JJ. Criminal Appeal No. 1399 of 2019 (Arising out of SLP (Crl.) No. 7203 of 2019). D/d. 16.9.2019. Pratima Devi & Anr. - Appellants Versus Anand Prakash - Respondents For the Petitioners :- Mr. Kaushal Yadav, Mr. Nandlal Kumar Mishra, Dr. Ajay Kumar, Ms. Ankita Agarwal, Ms. Akansha Choudhari, Ms. Akansha Rai and Ms. Shweta Yadav, Advocates. ORDER D .....
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LANDMARK JUDGMENT(SC) : CRPC SECTION 202 VS 156(3) [03-10-2019]

LANDMARK JUDGMENT(SC) : CRPC SECTION 202 VS 156(3) Landmark Judgment(SC) : Crpc section 202 Vs 156(3) REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2010 (@SPECIAL LEAVE PETITION(CRL) No.8600 of 2008) Rameshbhai Pandurao Hedau ... Appellant Vs. State of Gujarat ... Respondent J U D G M E N T ALTAMAS KABIR, J. 1. Leave granted. 2. The Appellant is the elder brother of the de .....
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Satish Ukey Vs. Devendra Gangadharrao Fadnavis and ANR. [Criminal Appeal Nos. 1515-1516 of 2019 arising out of Special Leave Petition (Criminal) Nos. 19-20 of 2019] [03-10-2019]

Satish Ukey Vs. Devendra Gangadharrao Fadnavis and ANR. [Criminal Appeal Nos. 1515-1516 of 2019 arising out of Special Leave Petition (Criminal) Nos. 19-20 of 2019] RANJAN GOGOI, CJI 1. Leave granted. 2. The appellant- Satish Ukey is a practicing Advocate of the Bombay High Court. The first respondent is an elected member of the Maharashtra State Legislative Assembly and is presently holding the post of Chief Minister of the State of Maharashtra. 3. The appellant had filed a crimi .....
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Sudam @ Rahul Kaniram Jadhav Vs. State of Maharashtra [Review Petition (CRL.) Nos. 401-402 of 2012 in Criminal Appeal Nos. 185-186 of 2011] [03-10-2019]

Sudam @ Rahul Kaniram Jadhav Vs. State of Maharashtra [Review Petition (CRL.) Nos. 401-402 of 2012 in Criminal Appeal Nos. 185-186 of 2011] MOHAN M. SHANTANAGOUDAR, J. The instant review proceedings pertain to Review Petition (Cri.) No. D19901 of 2012 seeking to review the final judgment and order dated 04.07.2011 passed by this Court in Criminal Appeal Nos. 185-86 of 2011 dismissing the appeal filed by the Review Petitioner (in short "the Petitioner") and confirming his conviction unde .....
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Mohinder Kaur Vs. Sant Paul Singh [Civil Appeal Nos. 2869-2870 of 2010] [03-10-2019]

Mohinder Kaur Vs. Sant Paul Singh [Civil Appeal Nos. 2869-2870 of 2010] NAVIN SINHA, J. 1. The defendant is in appeal, aggrieved by the concurrent findings decreeing the suit for specific performance filed by the respondent. 2. An agreement for sale with regard to House no.3343/3, situated in Rupnagar Municipality was executed between the parties on 16.03.1988 for an agreed consideration of Rs.1,50,000/. At the time of execution, a sum of Rs.15,000/- was paid. As the suit property st .....
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tem No.1501 Court No.13 Section IV-A Supreme Court of India Record of Proceedings Brijesh Kumar & ANR. Vs. Shardabai (D) by LRS. & Ors. [Civil Appeal Nos. 1090/2008] [C.A. No. 1091/2008] Date: 01-10-2019 [03-10-2019]

Item No.1501 Court No.13 Section IV-A Supreme Court of India Record of Proceedings Brijesh Kumar & ANR. Vs. Shardabai (D) by LRS. & Ors. [Civil Appeal Nos. 1090/2008] [C.A. No. 1091/2008] Date: 01-10-2019 This appeals were called on for pronouncement of judgment today. For Appellant(s) Mr. Prakash Kumar Singh, AOR Mr. Vinod Mehta,Adv. Mr. Ashutosh Dubey,Adv. Mr. Neeraj Kumar Jain,Sr.Adv. Mr. T. N. Singh, AOR Mr. Siddharth Jain,Adv. Mr. Vikas K.Singh,A .....
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General Manager, Indian Oil Corporation & ANR. Vs. M/s. Lala Bhairo Prasad Saraf and Sons & ANR. [Civil Appeal Nos. 7433 of 2019 arising out of SLP (C) Nos. 17242 of 2008] [03-10-2019]

General Manager, Indian Oil Corporation & ANR. Vs. M/s. Lala Bhairo Prasad Saraf and Sons & ANR. [Civil Appeal Nos. 7433 of 2019 arising out of SLP (C) Nos. 17242 of 2008] R. BANUMATHI, J.: 1. Leave granted. 2. This appeal arises out of judgment and order dated 21.04.2008 in and by which the High Court of Judicature at Allahabad has set aside the order of termination of the dealership of the respondent-firm on the ground that there was violation of principles of natural justice. Bein .....
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Gaurav Hargovindbhai Dave Vs. Asset Reconstruction Company (India) Ltd. & ANR. [Civil Appeal No. 4952 of 2019] [03-10-2019]

Gaurav Hargovindbhai Dave Vs. Asset Reconstruction Company (India) Ltd. & ANR. [Civil Appeal No. 4952 of 2019] R.F. Nariman, J. 1. In the present case, the Respondent No.2 was declared NPA on 21.07.2011. At that point of time, the State Bank of India filed two O.As in the Debt Recovery Tribunal in 2012 in order to recover a total debt of 50 Crores of rupees. In the meanwhile, by an assignment dated 28.03.2014, the State Bank of India assigned the aforesaid debt to Respondent No.1. The D .....
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Gaurav Hargovindbhai Dave Vs. Asset Reconstruction Company (India) Ltd. & ANR. [Civil Appeal No. 4952 of 2019] [03-10-2019]

Ker HC | Discretionary reliefs are not meant for those who are on a snail’s pace in approaching a court of law [03-10-2019]

Ker HC | Discretionary reliefs are not meant for those who are on a snail’s pace in approaching a court of law CASE BRIEFSHIGH COURT Published on October 3, 2019 Kerala High Court: A.M. Babu, J. dismissed a regular second appeal filed by a lady on the ground that no substantial question of law was involved therein. The appellant herein and the respondent herein were neighbors. The appellant claimed that the respondent constructed his house between the period 2003-2012 and that the .....
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Landmark judgment on burden of proof and onus of proof [03-10-2019]

Sunday, 29 October 2017 Landmark judgment on burden of proof and onus of proof What is called the burden of proof on the pleadings should not be confused with the burden of adducing evidence which is described as "shifting." The burden of proof on the pleadings never shifts, it always remains constant see Pickup v. Thames Insurance Co. (1878) 3 Q.B.D. 594. These two aspects of the burden of proof are embodied in Sections 101 and 102 respectively of the Indian Evidence Act. Section 101 states .....
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Landmark judgment on burden of proof and onus of proof [03-10-2019]

Pruthvirajsinh Nodhubha Jadeja (D) by LRS. Vs. Jayeshkumar Chhakaddas Shah & Ors. [Civil Appeal No. 10521 of 2013] [05-10-2019]

Pruthvirajsinh Nodhubha Jadeja (D) by LRS. Vs. Jayeshkumar Chhakaddas Shah & Ors. [Civil Appeal No. 10521 of 2013] Deepak Gupta, J. By means of this appeal, the appellants who are defendants in the suit, have challenged the order of the High Court dated 26.03.2009 whereby the order of the trial court has been set aside and the respondent no. 1 herein has been permitted to be added as plaintiff no. 2 in the suit. 2. One Mafaji Motiji Thakor (for short 'MMT'), who is the father and pre .....
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Kantilal Vs. State of Gujarat [Criminal Appeal No. 1519 of 2019 arising out of S.L.P. (CRL.) No. 1959 of 2019] [05-10-2019]

Kantilal Vs. State of Gujarat [Criminal Appeal No. 1519 of 2019 arising out of S.L.P. (CRL.) No. 1959 of 2019] L. NAGESWARA RAO, J. 1. On 02.10.2013, Maheshwari committed suicide by jumping from Jamalpur Bridge into Sabarmati River. FIR was registered on a complaint filed by her father (PW-1) that Maheshwari was being harassed by her husband - Suhag Kantibhai Parmar and his family members for not complying their demand of dowry. He further alleged that Suhag Kantibhai Parmar had an illi .....
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Fainul Khan Vs. State of Jharkhand and Another [Criminal Appeal Nos. 937 of 2011] Sainul Khan Vs. State of Jharkhand and Others [Criminal Appeal Nos. 938 of 2011] Mir Shaukat Vs. State of Jharkhand and another [Criminal Appeal Nos. 939 of 2011] [05-10-2019]

Fainul Khan Vs. State of Jharkhand and Another [Criminal Appeal Nos. 937 of 2011] Sainul Khan Vs. State of Jharkhand and Others [Criminal Appeal Nos. 938 of 2011] Mir Shaukat Vs. State of Jharkhand and another [Criminal Appeal Nos. 939 of 2011] NAVIN SINHA, J. The appellants are aggrieved by their conviction under Section 302/149 of the Indian Penal Code (IPC) sentencing them to rigorous imprisonment for life, along with conviction under Sections 323/149 and 147 IPC, sentenc .....
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Ravi Setia Vs. Madan Lal and Others [Civil Appeal Nos. 2837 of 2011] [05-10-2019]

Ravi Setia Vs. Madan Lal and Others [Civil Appeal Nos. 2837 of 2011] NAVIN SINHA, J. The plaintiff assails correctness of the order allowing the second appeal of the defendants. By the impugned order, the High Court set aside the concurrent orders of the courts below decreeing the plaintiff's suit for specific performance. 2. The plaintiff filed a suit for specific performance of agreement for sale dated 10.11.1989 with regard to 2/3rd of the lands owned by defendants 1 and 2 as Defe .....
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M/s. Madhoor Buildwell Pvt. Ltd. Vs. Yeola Municipal Council & Ors. [Civil Appeal No. 7798 of 2019 arising out of SLP (Civil) No. 13626 of 2018] [05-10-2019]

M/s. Madhoor Buildwell Pvt. Ltd. Vs. Yeola Municipal Council & Ors. [Civil Appeal No. 7798 of 2019 arising out of SLP (Civil) No. 13626 of 2018] HEMANT GUPTA, J. 1. The order dated November 16, 2017 passed by the High Court of Judicature at Bombay is the subject matter of challenge in the present appeal. Vide the aforesaid order, the writ petition filed by the appellant to seek direction to Government of India and Government of Maharashtra to disburse the alleged approved funds under Ur .....
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Ravi S/o. Ashok Ghumare Vs. State of Maharashtra [Criminal Appeal Nos. 1488-1489 of 2018] [05-10-2019]

Ravi S/o. Ashok Ghumare Vs. State of Maharashtra [Criminal Appeal Nos. 1488-1489 of 2018] SURYA KANT, J. These appeals assail the judgment dated 20th January, 2016 passed by the High Court of Judicature at Bombay, Bench at Aurangabad, confirming the death reference in the Sessions Case No. 127 of 2012 decided by the Additional Sessions Judge, Jalna, in which the appellant having been found guilty of committing offences punishable under Sections 302, 363, 376 and 377 of the Indian Penal .....
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Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. Vs. Tuticorin Educational Society & Ors. [Civil Appeal No. 7764 of 2019 @ Special Leave Petition (C) No.26055 of 2018] [05-10-2019]

Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. Vs. Tuticorin Educational Society & Ors. [Civil Appeal No. 7764 of 2019 @ Special Leave Petition (C) No.26055 of 2018] V. Ramasubramanian 1. Leave granted. 2. Aggrieved by an order of the High Court passed under Article 227 of the Constitution, vacating an interim order of injunction granted by the trial Court, the plaintiffs have come up with this appeal. 3. We have heard Mr. R. Anand Padmanabhan, learned counsel for the .....
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Ishwari Lal Yadav Vs. State of Chhattisgarh [Criminal Appeal Nos.1416-1417 of 2017] Nihaluddin @ Khanbaba & Ors. Vs. State of Chhattisgarh [Criminal Appeal Nos. 300-301 of 2018] Kiran Bai Vs. State of Chhattisgarh [Criminal Appeal Nos.1418-1419 of 2017] Rajendra Kumar & ANR. Vs. State of Chhattisgarh [Criminal Appeal Nos.298-299 of 2018] [05-10-2019]

Ishwari Lal Yadav Vs. State of Chhattisgarh [Criminal Appeal Nos.1416-1417 of 2017] Nihaluddin @ Khanbaba & Ors. Vs. State of Chhattisgarh [Criminal Appeal Nos. 300-301 of 2018] Kiran Bai Vs. State of Chhattisgarh [Criminal Appeal Nos.1418-1419 of 2017] Rajendra Kumar & ANR. Vs. State of Chhattisgarh [Criminal Appeal Nos.298-299 of 2018] R. Subhash Reddy, J. 1. All these appeals are directed against the common judgment of the High Court of Chhattisgarh at Bilaspur date .....
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SOME MOST IMPORTANT JUDGMENTS RELATED TO 125 CR.P.C.* [08-10-2019]

* *SOME MOST IMPORTANT JUDGMENTS RELATED TO 125 CR.P.C.* 1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC). 2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ .....
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Landmark Judgment: Will the petition for Divorce can be changed into a petition for Divorce by mutual consent? [08-10-2019]

Landmark Judgment: Will the petition for Divorce can be changed into a petition for Divorce by mutual consent?=========================== In view of the circumstances of the present case the subsequent events that occurred during the tendency of the proceedings, the nature thereof, as also the real intention of the parties will be expressed in the two applications, the trial Court ought to have allowed the amendment prospectively with effect from the date when the first impugned order was mad .....
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SC: Rights of an Accused cannot be placed at a pedestal higher than necessary for a Fair Trial [09-10-2019]

SC: Rights of an Accused cannot be placed at a pedestal higher than necessary for a Fair Trial Order-Order-gavel 08 Oct 2019 "The rights of the victim & the society at large for correction of deviant behaviour cannot be made subservient to the rights of an accused by placing the latter at a pedestal higher than necessary for a fair trial.” The Apex Court observed that the rights of the victim & the society cannot be made subservient to the rights of an accused. The bench compr .....
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Section 138 NI Act: Case should not be dismissed on the ground that fact of personal knowledge of attorney is not mentioned in the complaint [10-10-2019]

Section 138 NI Act: Case should not be dismissed on the ground that fact of personal knowledge of attorney is not mentioned in the complaint [Read the Order] 10 Oct 2019 Categories : Cheque Bounce Cases Delhi High Court has refused to quash a cheque bounce case where factum of personal knowledge was not mentioned in the complaint and accused wanted dismissal of case on that ground. A bench of Justice Bakhru has passed the order in the case titled as Vinod Popli vs State on 20.09.201 .....
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Ambalal Sarabhai Enterprises Ltd. Vs. K.S. Infraspace LLP & ANR. [11-10-2019]

Ambalal Sarabhai Enterprises Ltd. Vs. K.S. Infraspace LLP & ANR. [Civil Appeal No. 7843 of 2019 arising out of SLP (Civil) No.9391 of 2019] A.S. Bopanna,J. Leave granted. 2. The appellant herein is the plaintiff in Commercial Court Suit No. 41/2018 filed before the Commercial Court at Vadodara. The respondents herein are arrayed as the defendants to the suit. The respondents on being notified in the suit had appeared and filed the written statement inter alia contending that the suit .....
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Kerala State Beverages (M and M) Corporation Ltd. Vs. P.P. Suresh & Ors, Etc. & Ors. [11-10-2019]

Kerala State Beverages (M and M) Corporation Ltd. Vs. P.P. Suresh & Ors, Etc. & Ors. [Civil Appeal Nos.7804-7813 of 2019 Special Leave Petition (C) Nos. 5550-5559 of 2016] Kerala State and Ors. Etc. Vs. The Managing Director Kerala State Beverages (M and M) Corporation Ltd. & Ors, Etc. & Ors. [Civil Appeal Nos.7814-7832 of 2019 Special Leave Petition (C) Nos.33452-33470 of 2016] Kerala State and Ors. Vs. C.C. John & Ors. [Civil Appeal No.7833 of 2019 Special Leave Petition (C) No. .....
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[11-10-2019]

Raj Kumar Vs. State of Uttar Pradesh [Criminal Appeal No. 1541 of 2019 @ Special Leave Petition (CRL.) No.6687 of 2017] Deepak Gupta, J. Leave granted. 2. On 30.10.1995 a sample of milk was collected from the appellant by the Food Inspector. The same was sent to the Public Analyst who received the same on 02.11.1995. The sample was analysed and Milk Fat (MF for short) was found to be 4.6% and Milk Solid NonFat (MSNF for short) was 7.7%, against the prescribed standard of 8.5%. The ap .....
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Raj Kumar Vs. State of Uttar Pradesh [Criminal Appeal No. 1541 of 2019 @ Special Leave Petition (CRL.) No.6687 of 2017] [11-10-2019]

State of Uttar Pradesh and Others Vs. Vinod Kumar Katheria [Civil Appeal No.149 of 2017] [11-10-2019]

State of Uttar Pradesh and Others Vs. Vinod Kumar Katheria [Civil Appeal No.149 of 2017] R. BANUMATHI, J. 1. This appeal arises out of the judgment dated 06.05.2016 passed by the High Court of Judicature at Allahabad in Special Appeal Defective No.347 of 2016 in and by which the High Court has allowed the appeal filed by the respondent setting aside the dismissal order passed against the respondent. 2. Brief facts which led to filing of this appeal are as under:- The respondent-emplo .....
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Dr. Swapan Kumar Banerjee Vs. State of West Bengal & ANR. [Criminal Appeal Nos.232-233 of 2015] [11-10-2019]

Dr. Swapan Kumar Banerjee Vs. State of West Bengal & ANR. [Criminal Appeal Nos.232-233 of 2015] DEEPAK GUPTA, J. The short question raised in these appeals is whether a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.). We may refer to the relevant portion of Section 125 of the Code of Criminal Procedure:- "125. Order for maintenance of wives, c .....
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Kerala State Beverages (M and M) Corporation Ltd. Vs. P.P. Suresh & Ors, Etc. & Ors. [Civil Appeal Nos.7804-7813 of 2019 Special Leave Petition (C) Nos. 5550-5559 of 2016] Kerala State and Ors. Etc. Vs. The Managing Director Kerala State Beverages (M and M) Corporation Ltd. & Ors, Etc. & Ors. [Civil Appeal Nos.7814-7832 of 2019 Special Leave Petition (C) Nos.33452-33470 of 2016] Kerala State and Ors. Vs. C.C. John & Ors. [Civil Appeal No.7833 of 2019 Special Leave Petition (C) No.6757 of 2017] Kerala State Vs. N.I. Issac [Civil Appeal No. 7834 of 2019 Special Leave Petition (C) No.12573 of 2017] Babu M.K. Vs. The Managing Director Kerala State Beverages (M and M) Corporation Ltd. [Contempt Petition (C) No.638 of 2019 in Special Leave Petition (C) Nos. 5550-5559 of 2016] [11-10-2019]

C/M Kisan Inter College Manager Vs. State of Uttar Pradesh & Ors. [Civil Appeal Nos. 7532-7533 of 2019 arising out of S.L.P. (C) Nos.17450-17451 of 2017] [11-10-2019]

C/M Kisan Inter College Manager Vs. State of Uttar Pradesh & Ors. [Civil Appeal Nos. 7532-7533 of 2019 arising out of S.L.P. (C) Nos.17450-17451 of 2017] L. NAGESWARA RAO, J. 1. The regularization of the service of Respondent No.5- Shri Ram Mani Pandey as L.T. Grade Teacher in the Appellant-College is the subject matter of the above Appeals. 2. The Appellant-College is an aided College which is recognized by the State of Uttar Pradesh. The post of L.T. Grade Assistant Teacher (Maths) .....
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IC 29547 L. Bobby Joseph Vs. Union of India & Ors. [Civil Appeal.................. of 2019 @ Diary No. 10043 of 2017] [11-10-2019]

IC 29547 L. Bobby Joseph Vs. Union of India & Ors. [Civil Appeal.................. of 2019 @ Diary No. 10043 of 2017] L. NAGESWARA RAO, J. 1. The Appellant was granted Short Service Commission on 15.06.1969 and Permanent Commission on 15.06.1974. His promotion/seniority was fixed w.e.f. 12.08.1970. He voluntarily proceeded for his pre-mature retirement w.e.f. 15.07.1991 in the rank of Major. He was granted pension by an order dated 29.07.1991, as Major. 2. By an order dated 25.09.199 .....
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District Collector Satara & ANR. Vs. Mangesh Nivrutti Kashid [Civil Appeal No. 2723 of 2015] [C.A. No. 2727 of 2015] [C.A. No. 2728 of 2015] [C.A. No. 2729 of 2015] [C.A. No. 2730-2731 of 2015] [C.A. No. 2732 of 2015] [C.A. No. 2734 of 2015] [11-10-2019]

District Collector Satara & ANR. Vs. Mangesh Nivrutti Kashid [Civil Appeal No. 2723 of 2015] [C.A. No. 2727 of 2015] [C.A. No. 2728 of 2015] [C.A. No. 2729 of 2015] [C.A. No. 2730-2731 of 2015] [C.A. No. 2732 of 2015] [C.A. No. 2734 of 2015] SANJAY KISHAN KAUL, J. 1. The freedom at midnight was followed by the framing of the Indian Constitution. The Constitution of India (for short 'the Constitution') took special care, given the social and economic scenario of our cou .....
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LANDMARK JUDGMENT ON CONTEMPT OF COURT [28-11-2019]

LANDMARK JUDGMENT ON CONTEMPT OF COURT IN THE HIGH COURT OF BOMBAY Contempt Petition No. 29 of 2016 in Suit No. 2503 of 2012 Decided On: 31.10.2018 Swaranjeet Singh Vs. Melco Technologies India Pvt. Ltd. and Ors. Hon'ble Judges/Coram: S.C. Gupte, J. Citation: 2019(2) MHLJ 277 1. Heard learned Counsel for the parties. This contempt petition alleges breach or disobedience of a consent order and an undertaking given to the court recorded and accepted in it. 2. The Plaintiff in this s .....
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Black Money Act | Union of India v. Gautam Khaitan, Crl.A. No. 1563 of 2019 SC POSTED ON OCTOBER 15, 2019 [15-10-2019]

Black Money Act | Union of India v. Gautam Khaitan, Crl.A. No. 1563 of 2019 SC POSTED ON OCTOBER 15, 2019 Black Money, Tribunal The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 – Section 55 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION [ARUN MISHRA] [M. R. SHAH] AND [B.R. GAVAI] JJ; OCTOBER 15, 2019 CRIMINAL APPEAL No.1563 OF 2019 (Arising out of S.L.P.(Crl.) No. 4911 of 2019) UNION OF INDIA AND ORS. …. APPEL .....
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State of Madhya Pradesh Vs. Sabal Singh (D) by LRS. & Ors. [Civil Appeal No. 7991 of 2019 arising out of S.L.P. (C) No. 1854 of 2016] [17-10-2019]

State of Madhya Pradesh Vs. Sabal Singh (D) by LRS. & Ors. [Civil Appeal No. 7991 of 2019 arising out of S.L.P. (C) No. 1854 of 2016] ARUN MISHRA, J. 1. The question involved in the appeal is whether the land recorded in the revenue papers before the date of vesting as 'Grass' land can be treated as khudkasht land of ExZamindar. 2. The suit was filed by the plaintiffs/ respondents, as the successor of the ExZamindar. At the time of the abolition of Zamindari, it was recorded as 'Gras .....
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Section 302 IPC | Awadhesh Kumar v. State of U.P., Crl.A. No. 1670 of 2019 SC [10-01-2020]

Section 302 IPC | Awadhesh Kumar v. State of U.P., Crl.A. No. 1670 of 2019 SC The Indian Penal Code, 1860 – Case falls under Section 302 IPC – the High Court has materially erred in applying Exception 4 to Section 300 IPC by holding that it was not a planned crime and there was no prior intention and it took place in the heat of passion on the spur of moment. Citations AIR 2019 SC 5756 : (2019) 10 SCC 323 : JT 2019 (11) SC 105 : 2019 (16) SCALE 178 IN THE SUPREME COURT OF INDIA .....
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H.S. Yadav Vs. Shakuntala Devi Parakh [Civil Appeal Nos. 5153 of 2019] [17-10-2019]

H.S. Yadav Vs. Shakuntala Devi Parakh [Civil Appeal Nos. 5153 of 2019] Deepak Gupta, J. "Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India?" is the question arising in this appeal. 2. The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011 (hereinafter referred to as 'the Act'). Under this Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, a Rent Control Tribunal. In ter .....
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Mani Pushpak Joshi Vs. State of Uttarakhand & ANR. [Criminal Appeal No. 1517 of 2019] [22-10-2019]

Mani Pushpak Joshi Vs. State of Uttarakhand & ANR. [Criminal Appeal No. 1517 of 2019] HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order passed by the High Court of Uttarakhand at Nainital on April 3, 2019 whereby, revision against an order of summoning of appellant under Section 319 of the Code of Criminal Procedure, 19731 remained unsuccessful. 2. An FIR was lodged by Harpreet Singh, father of prosecutrix (aged about 6 years), on April 19, 2017 at 1:23 p.m., abo .....
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Uttam Ram Vs. Devinder Singh Hudan & ANR [Criminal Appeal No. 1545 of 2019 arising out of SLP (CRL) No. 3452 of 2019] [23-10-2019]

Uttam Ram Vs. Devinder Singh Hudan & ANR [Criminal Appeal No. 1545 of 2019 arising out of SLP (CRL) No. 3452 of 2019] HEMANT GUPTA, J. 1. The appellant is aggrieved against an order passed by the High Court of Himachal Pradesh, Shimla on 17.12.2018, whereby, the order of dismissal of complaint under Section 138 of the Negotiable Instruments Act, 18811 by the learned Trial Court was not interfered with. 2. None has put appearance on behalf of respondent No. 1, despite service. Therefo .....
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Municipal Corporation of Greater Mumbai & Ors. Vs. M/s. Sunbeam High Tech Developers Pvt. Ltd. [Civil Appeal No. 7627 of 2019] [Civil Appeal No. 7626 of 2019] [25-10-2019]

Municipal Corporation of Greater Mumbai & Ors. Vs. M/s. Sunbeam High Tech Developers Pvt. Ltd. [Civil Appeal No. 7627 of 2019] [Civil Appeal No. 7626 of 2019] Deepak Gupta, J. The issue involved in these appeals is whether if a municipal corporation demolishes a structure in exercise of powers vested in it but in violation of the procedure prescribed, can the High Court direct the 'owner/occupier' of the building to reconstruct the demolished structure? 2. The municipal corporatio .....
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M/s. Shaf Broadcast Pvt. Ltd. Petitioner Vs. Doordarshan (A Constituent of Prasar Bharti) & ANR. [Arbitration Petition No. 36 of 2019] [08-11-2019]

M/s. Shaf Broadcast Pvt. Ltd. Petitioner Vs. Doordarshan (A Constituent of Prasar Bharti) & ANR. [Arbitration Petition No. 36 of 2019] O R D E R INDU MALHOTRA, J. 1. The Petitioner has filed an Application under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of an Arbitrator on behalf of Respondent No. 1 - Doordarshan, in an international commercial arbitration. 2. The Petitioner - Company and Respondent No. 2 entered into a Contract dated 08.03.2010 with R .....
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Kalu alias Laxminarayan Vs. State of Madhya Pradesh [Criminal Appeal No.1677 of 2010] [08-11-2019]

Kalu alias Laxminarayan Vs. State of Madhya Pradesh [Criminal Appeal No.1677 of 2010] NAVIN SINHA, J. 1. The appellant, husband of the deceased, is aggrieved by his conviction under Section 302 of the Indian Penal Code (in short, 'IPC') affirmed by the High Court. There is no eye witness and the case rests only on circumstantial evidence. 2. The deceased was married to the appellant approximately six to seven years back. Both of them were living alone in the house with their minor ch .....
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M/s. Vijay Trading and Transport Company Vs. Central Warehousing Corporation [Civil Appeal No.655 of 2016] [08-11-2019]

M/s. Vijay Trading and Transport Company Vs. Central Warehousing Corporation [Civil Appeal No.655 of 2016] R. BANUMATHI, J. 1. This appeal arises out of the impugned judgment dated 19.07.2010 passed by the High Court of Delhi in FAO(OS) No.435 of 2010 in and by which the High Court dismissed the appeal filed by the appellant thereby upholding the judgment of the learned Single Judge thereby affirming the dismissal of the objections filed under Section 34 of the Arbitration and Conciliat .....
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Indian Oil Corporation Ltd. & Ors. Vs. M/s. R.M. Service Centre & ANR. [Civil Appeal No. 8257 of 2019 arising out of SLP (Civil) No. 25746 of 2018] [08-11-2019]

Indian Oil Corporation Ltd. & Ors. Vs. M/s. R.M. Service Centre & ANR. [Civil Appeal No. 8257 of 2019 arising out of SLP (Civil) No. 25746 of 2018] HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order of the Division Bench of the Gauhati High Court passed in writ appeal on 20th February, 2018 maintaining an order of the Single Bench of the High Court whereby termination of dealership of respondent No. 11 for violation of Marketing Discipline Guidelines, 20122 was set a .....
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Dayaram & Another Vs. State of Madhya Pradesh [Criminal Appeal No. 1522 of 2009] [08-11-2019]

Dayaram & Another Vs. State of Madhya Pradesh [Criminal Appeal No. 1522 of 2009] INDU MALHOTRA, J. 1. The appellants have filed the present Criminal Appeal to challenge the order of conviction under Section 302, IPC and sentence of Life Imprisonment passed vide Judgment and Order dated 04.12.2008 by the Jabalpur Bench of the Madhya Pradesh High Court in Criminal Appeal No.206/1994. The High Court has affirmed the Judgment passed by the Sessions Court. 2. The present appeal arises out .....
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Union of India & Ors. Vs. 794898 T. Ex. Corporal Abhishek Pandey [Civil Appeal Nos.4780-4781 of 2018] [09-11-2019]

Union of India & Ors. Vs. 794898 T. Ex. Corporal Abhishek Pandey [Civil Appeal Nos.4780-4781 of 2018] L. NAGESWARA RAO, J. 1. These Appeals are filed against the judgment of the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter, 'the Tribunal') by which the order of discharge of the Respondent dated 17.01.2013 was set aside. The Tribunal directed the payment of back wages to the extent of 25 per cent. 2. The Respondent was enrolled in the Indian Air Force on 28.09.2004. A w .....
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Hari Niwas Gupta Vs. State of Bihar and Another [Civil Appeal No. 3105 of 2017] [09-11-2019]

Hari Niwas Gupta Vs. State of Bihar and Another [Civil Appeal No. 3105 of 2017] Komal Ram and Jitendra Nath Singh Vs. State of Bihar and Another [Civil Appeal Nos. 3106-3107 of 2017] SANJIV KHANNA, J. 1. This common judgment would dispose of the abovecaptioned appeals preferred by three judicial officers namely, Hari Niwas Gupta, Komal Ram and Jitendra Nath Singh, who were working as Principal Judge, Family Court, Samastipur; Chief Judicial Magistrate, Araria; and ad-hoc Additiona .....
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Union of India & Ors. Vs. Gandiba Behera [Civil Appeal No. 8497/2019 arising out of SLP (C) No. 13042 of 2014] [09-11-2019]

Union of India & Ors. Vs. Gandiba Behera [Civil Appeal No. 8497/2019 arising out of SLP (C) No. 13042 of 2014] [Civil Appeal No. 8979/2014] [Civil Appeal No.8498/2019 arising out of SLP (C) No.979/2015] [Civil Appeal No. 9886/2014] [Civil Appeal No. 8674/2015] [Civil Appeal No..................../2019 arising out of SLP (C) Cc. Nos. 20557-20558/ 2015] [Civil Appeal No. 2825/2016] [Civil Appeal No. 5008/2016] [Civil Appeal No.8499/2019 arising out of SLP (C) No. 16767/2 .....
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[21-11-2019]

Taj Mahal Hotel Vs. United India Insurance Company Ltd. & Ors. [Civil Appeal No. 8611 of 2019 arising out of S.L.P. (Civil) No. 11213 of 2018] MOHAN M. SHANTANAGOUDAR, J. 1. Leave granted. 2. This appeal, by special leave, arises out of judgment dated 05.02.2018 passed by the National Consumer Disputes Redressal Commission ('National Commission') dismissing the appeal against order dated 29.01.2016 passed by the State Consumer Disputes Redressal Commission ('State Commission'), New D .....
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Wapcos Ltd. Vs. Salma Dam Joint Venture & ANR. [Civil Appeal No. of 2019 arising out of SLP (C) No. 7979 of 2019] [21-11-2019]

Wapcos Ltd. Vs. Salma Dam Joint Venture & ANR. [Civil Appeal No. of 2019 arising out of SLP (C) No. 7979 of 2019] [Civil Appeal No. of 2019 arising out of SLP (C) No........... of 2019] [Diary No. 6975 of 2019] A.M. Khanwilkar, J. Leave granted. 1. These appeals take exception to the judgment and order dated 25.01.2019 passed by the High Court of Delhi at New Delhi in Arbitration Petition No.810 of 2016, whereby the High Court allowed the Arbitration Petition purportedly filed .....
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Yashwant Sinha & Ors. Vs. The Central Bureau of Investigation through its Director & ANR. [Review Petition (CRL.) No.46 of 2019 In Writ Petition (CRL.) No.298 of 2018] [21-11-2019]

Yashwant Sinha & Ors. Vs. The Central Bureau of Investigation through its Director & ANR. [Review Petition (CRL.) No.46 of 2019 In Writ Petition (CRL.) No.298 of 2018] [I.A. No. 69008/2019 - Clarification/Direction, I.A. No. 69006/2019 - Intervention Application, I.A. No. 71047/2019 - Production of Records And I.A. No. 69009/2019 - Stay Application] [Ma 58/2019 In W.P.(CRL.) No. 225/2018 (PIL-W)] [I.A. No. 182576/2018 - Correction of Mistakes In The Judgment] [R.P.(CRL.) No. 122/2 .....
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Kantaru Rajeevaru Vs. Indian Young Lawyers Association through its General Secretary and Ors. [21-11-2019]

Kantaru Rajeevaru Vs. Indian Young Lawyers Association through its General Secretary and Ors. [Review Petition (Civil) No. 3358/2018 in Writ Petition (Civil) No. 373/2006] [R.P.(C) No. 3359/2018 in W.P.(C) No. 373/2006] [Diary Nos. 37946/2018 in W.P.(C) No. 373/2006] [R.P.(C) No. 3469/2018 in W.P.(C) No. 373/2006] [Diary Nos. 38135/2018 in W.P.(C) No. 373/2006] [Diary Nos. 38136/2018 in W.P.(C) No. 373/2006] [R.P.(C) No. 3449/2018 in W.P.(C) No. 373/2006] [W.P.(C) No. 128 .....
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Rojer Mathew Vs. South Indian Bank Ltd. & Ors. [Civil Appeal No. 8588 of 2019 arising out of Special Leave Petition (Civil) No.15804 of 2017] [21-11-2019]

Rojer Mathew Vs. South Indian Bank Ltd. & Ors. [Civil Appeal No. 8588 of 2019 arising out of Special Leave Petition (Civil) No.15804 of 2017] [W.P.(C) No.267/2012] [W.P.(C) No. 279/2017] [W.P.(C) No. 558/2017] [W.P.(C) No. 561/2017] [W.P.(C) No. 625/2017] [W.P.(C) No. 640/2017] [W.P.(C) No. 1016/2017] [W.P.(C) No. 788/2017] [W.P.(C) No. 925/2017] [W.P.(C) No. 1098/2017] [W.P.(C) No. 1129/2017] [W.P.(C) No. 33/2018] [W.P.(C) No. 205/2018] [W.P.(C) No. .....
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Union of India & Ors. Vs. Sepoy Pravat Kumar Behuria [Criminal Appeal No.1627 of 2019 @ Diary No.1052 of 2018] [22-11-2019]

Union of India & Ors. Vs. Sepoy Pravat Kumar Behuria [Criminal Appeal No.1627 of 2019 @ Diary No.1052 of 2018] L. NAGESWARA RAO, J. 1. This Appeal is filed against the judgment of the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter, 'the Tribunal') by which the order of dismissal of the Respondent dated 23.07.2012 was set aside. 2. The Respondent was enrolled in the Indian Army as Sepoy in the Unit 981 AD Regiment Workshop on 02.02.2002. He was posted at Jamnagar on 01.06 .....
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THROUGH HIS ELDER BROTHER) vs STATE [26-11-2019]

Juvenile Justice: Rule cannot be in derogation to the parent Statute [Read the Order] Justice Sanjeev Sachdeva 19 Nov 2019 A bench of Justice Sachdeva in the case titled X MINOR (THROUGH HIS ELDER BROTHER) vs STATE on 15.11.2019 has held that a Rule cannot be in derogation to the parent Statute and lay down a provision which militates against the parent Statute. When a juvenile could not succeed before the JJB or the appellate authority, he approached the High Court seeking terminat .....
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Bom HC | Plaintiff protecting possession of immovable property need not prove title to it where suit filed on the basis of settled exclusive possession. [27-11-2019]

Bom HC | Plaintiff protecting possession of immovable property need not prove title to it where suit filed on the basis of settled exclusive possession. Bombay High Court: S.C. Gupte, J., while allowing a second appeal filed by the plaintiff against the order of the first Appellate court, held that the suit filed for protecting the possession of immovable property based on settled exclusive possession cannot be dismissed on the ground that the plaintiff has failed to prove title to the suit .....
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section 125 crpc judgements [30-11-2019]

Important Judgments of Supreme Court in maintenance payment to wife, children, aged parents and maintenance payable by wife under 125 CrPC. Daughter is liable to pay maintenance to parents In Dr. Mrs. Vijaya Manohar Arbat vs. Kashirao Rajaram Sawai & another (AIR 1987 SC 1100) the Supreme Court said that daughter is liable to pay maintenance to parents. An application under section 125(1)(d) of the Code of Criminal Procedure, 1973, by a father claiming maintenance from his married daug .....
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Union of India through Joint Secretary (COFEPOSA), Ministry of Finance, New Delhi Vs. Ankit Ashok Jalan [Special Leave Petition (Criminal) No.7013/2019] [03-12-2019]

Union of India through Joint Secretary (COFEPOSA), Ministry of Finance, New Delhi Vs. Ankit Ashok Jalan [Special Leave Petition (Criminal) No.7013/2019] [Criminal Appeal No. 1746 of 2019 arising from S.L.P. (Criminal) No.7010/2019] [Writ Petition (Criminal) No. 204 of 2019] [Writ Petition (Criminal) No. 206 of 2019] [Writ Petition (Criminal) No. 209 of 2019] M.R. SHAH, J. Leave granted in Special Leave Petition (Criminal) No. 7010 of 2019. 2. Feeling aggrieved and dissati .....
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Radha Bai Vs. Ram Narayan & Ors. [Civil Appeal No. 5889 of 2009] [03-12-2019]

Radha Bai Vs. Ram Narayan & Ors. [Civil Appeal No. 5889 of 2009] A.M. Khanwilkar, J. 1. This appeal takes exception to the judgment and order dated 12th February, 2007 of the High Court of Chhattisgarh at Bilaspur (for short, 'the High Court') in Second Appeal No.84 of 2002, whereby the appeal filed by the respondentsoriginal defendant Nos. 1 to 4 was allowed and the judgment and decree passed by the Trial Court dismissing the suit filed by the appellant, came to be confirmed. 2. The .....
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Genpact India Pvt. Ltd. Vs. Deputy Commissioner of Income Tax & ANR. [Civil Appeal No. 8945 of 2019 arising out of Special Leave Petition (Civil) No. 20728 of [03-12-2019]

Genpact India Pvt. Ltd. Vs. Deputy Commissioner of Income Tax & ANR. [Civil Appeal No. 8945 of 2019 arising out of Special Leave Petition (Civil) No. 20728 of 2019] Uday Umesh Lalit, J. 1. Leave granted. 2. This appeal arises out of the final judgment and order dated 19.08.2019 passed by the High Court of Delhi at New Delhi in Writ Petition No.686 of 2017. 3. The facts leading to the filing of the present appeal, in brief, are as under: (a) Out of opening share capital of 25,68 .....
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N. Mohan Vs. R. Madhu [Civil Appeal No. 8898 of 2019 arising out of SLP (C) No. 20686 of 2018] [03-12-2019]

N. Mohan Vs. R. Madhu [Civil Appeal No. 8898 of 2019 arising out of SLP (C) No. 20686 of 2018] R. BANUMATHI, J. Leave granted. 2. This appeal arises out of the impugned order dated 24.04.2018 passed by the High Court of Madras at Madurai Bench in CMP(MD) No.6566 of 2017 in AS(MD) SR No. 27805 of 2017 in and by which the High Court has refused to condone the delay of 546 days in filing the first appeal against the judgment and decree passed in OS No.76 of 2015 dated 09.10.2015. 3. .....
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Department Circulars cannot override Supreme Court Judgment: High Court.. [11-01-2020]

Department Circulars cannot override Supreme Court Judgment: High Court [Read Judgment] 10 Jan 2020 The Kerala HC ruled that the Circulars issued by the Govt Department circulars don't have priority over the decisions of the Top Court & HCs. Consequently, the HC refused to entrain the Circular issued by the Central Board of Direct Taxes that explains that for the purpose of Section 80P(4) of the Act, a co-operative bank shall have the meaning assigned to it in Part V of the Banking Regu .....
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6 Important Supreme Court Judgments Wednesday, 15, January 2020 [15-01-2020]

6 Important Supreme Court Judgments Wednesday, 15, January 2020 1. Rajneesh Khajuria v. Wockhardt Ltd. The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 – The Industrial Dispute Act, 1947 – Section 2 (s) read with Section 3 (5) – “Industrial Court” – “Labour Court” – Meaning of – Duties of Industrial Court – Duties of Labour Court – Power of Court to decide all connected matters – General Unfair Labour Practices on the p .....
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Shri Uttam Chand (D) through LRS Vs. Nathu Ram (D) through LRS & Ors. [18-01-2020]

Shri Uttam Chand (D) through LRS Vs. Nathu Ram (D) through LRS & Ors. [Civil Appeal No. 190 of 2020 arising out of SLP (Civil) No. 16321 of 2011] Hemant Gupta, J. 1. Plaintiff is in appeal before this Court aggrieved against judgment and decree passed by the High Court of Delhi on 18th February, 2011 whereby, the defendants second appeal was allowed and the suit of the plaintiff for possession on the basis of title was dismissed. 2. The plaintiff filed a suit for possession on the ba .....
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State of Madhya Pradesh Vs. Babbu Rathore & Anr. [18-01-2020]

State of Madhya Pradesh Vs. Babbu Rathore & Anr. [Criminal Appeal No(S). 123 of 2020 arising out of SLP (Crl.) No(S). 11369 of 2019] Rastogi, J. 1. Leave granted. 2. This appeal is directed against the judgment of the High Court of Madhya Pradesh dated 9th May, 2019 confirming Order of the trial Judge dated 24th July, 2015 whereby the respondents have been discharged from the offences under Sections 302/34, 404/34 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled T .....
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[State of Maharashtra v. Esject Products, Crl. Appeal No. 1036 of 2002, decided on 13-1-2020] [20-01-2020]

Bom HC | Publishing the official gazette notification regarding appointment of Govt. Analyst in terms of S. 20 of Drugs & Cosmetics Act, not a mere formality Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed by the State against the order of the trial court whereby the respondents-accused were acquitted of the offences punishable under Section 18(a)(i) read with Section 16(1)(a) and 27(d) of the Drugs and Cosmetics Act, 1940. The Drugs Inspector had sealed samples .....
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Yashita Sahu v. State of Rajasthan [20-01-2020]

Desh Raj v. Balkishan (d) through Proposed Lr Ms. Rohini [20-01-2020]

Desh Raj v. Balkishan (d) through Proposed Lr Ms. Rohini The Code of Civil Procedure, 1908 – Order VIII Rule 1 – Written Statement – Condonation of Delay –Unamended Order VIII Rule I, CPC continues to be directory and does not do away with the inherent discretion of Courts to condone certain delays. The Commercial Courts Act, 2015 – Section 16 – Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes – Post coming into force of the aforesaid Ac .....
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5 Important Supreme Court Judgments [20-01-2020]

LANDMARK JUDGMENT ON ACQUITTAL UNDER NEGOTIABLE INSTRUMENTS ACT [22-01-2020]

LANDMARK JUDGMENT ON ACQUITTAL UNDER NEGOTIABLE INSTRUMENTS ACT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL - NEGOTIABLE INSTRUMENT ACT) NO. 782 of 2015 KADIR ALAMKHAN HABIBKHAN....Applicant(s) Versus ABDUL AJIJ @ BANNEKHAN PATHAN & 1....Respondent(s) Date : 16/01/2017 ORAL ORDER 1. By way of present Criminal Revision Application, the applicant has prayed to quash and set aside the order of acquittal dated 30.10.2015 passed in Criminal Ap .....
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Supreme Court: U/s. 216 of CrPC, Court is authorized to alter/add Charges at any time before Judgment is pronounced (Read Judgement) [22-01-2020]

Supreme Court: U/s. 216 of CrPC, Court is authorized to alter/add Charges at any time before Judgment is pronounced (Read Judgement) 22 Jan 2020 The bench comprising of Justice Dr. Dhanajaya Y. Chandrachud and Justice Hrishikesh Roy passed judgment in the case titled, Dr Nallapareddy Sridhar Reddy v. The State of Andhra Pradesh & Ors. The Case Background: A charge-sheet was filed against the appellant and his parents for offences under Section 498A of the IPC along with Sect .....
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HC on service of Notice: Adopt WhatsApp, E-Mail or Fax whichever is Practicable. [Read the Judgement] [22-01-2020]

HC on service of Notice: Adopt WhatsApp, E-Mail or Fax whichever is Practicable. [Read the Judgement] 22 Jan 2020 The Kerela High Court has taken a major move in the direction of the technologizing of the judiciary as it has allowed an Advocate Commissioner to serve notice on the parties through Whatsapp/E-mail, Fax whichever is practicable. This significant decision had come out while the Court was taking up hearing in a case relating to alleged poor living conditions in the host .....
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HC fumes as Police registers FIR under Sec.66A of IT Act, already struck down by the Apex Court, Cost imposed [Read the Order] [22-01-2020]

HC fumes as Police registers FIR under Sec.66A of IT Act, already struck down by the Apex Court, Cost imposed [Read the Order] 22 Jan 2020 The Karnataka High Court, in one of its recent order has fumed over Police Officers for registering FIR under an act already struck down by the Supreme Court of India. The Court was very displeased and directed two Police Officers to pay a cost of ?10,000 each for registering a First Information Report (FIR) under Section 66 (A) of the Informat .....
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State of Kerala Etc. Vs. Rajesh Etc. [25-01-2020]

State of Kerala Etc. Vs. Rajesh Etc. [Criminal Appeal No(s). 154-157 of 2020 arising out of SLP (Crl.) No(s). 7309-7312 of 2019] Ajay Rastogi, J. 1. Leave granted. 2. The appellantprosecution has challenged the discretion exercised by the learned Single Judge of the High Court of Kerala in granting postarrest bail to the accused respondents without noticing the mandate of Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter being referred to as .....
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H.P.Puttaswamy Vs. Thimmamma & Ors. [Civil Appeal No. 3975 of 2010] [25-01-2020]

H.P.Puttaswamy Vs. Thimmamma & Ors. [Civil Appeal No. 3975 of 2010] Aniruddha Bose,J. 1. The main dispute involved in this appeal concerns the question of necessity of presence of a purchaser of immovable property before the authority under the Registration Act, 1908 at the time of effecting registration of a deed of conveyance. In the suit, out of which this appeal arises, the plaintiff claimed declaration of himself as the lawful owner in possession of the suit property. The plaintiff .....
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SEC.138 NI ACT [30-09-2019]

Section 138 NI Act: Legal demand notice to company is not required if it is issued to Managing Director [Read the Order] Issue of Cheque Dishonour 30 Sep 2019 Categories : Latest News Cheque Bounce Cases Karnataka High Court has held that if the legal demand notice was issued to the managing director then knowledge of company about the demand can be assumed and cheque bouncecase can be maintained.. A bench of Justice Patil has passed the order in the case titled as Maxworth Realty .....
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Challenge to abrogation of article 370 [29-09-2019]

This Constitution Bench of Supreme Court will hear the challenge to abrogation of Article 370 September 28 2019 article 370 The petitions challenging the abrogation of Article 370 will be heard by a Constitution Bench headed by Justice NV Ramana. The other judges on the Bench will be Justices Sanjay Kishan Kaul, R Subhash REWARI Reddy, BR Gavai and Surya Kant. The Bench will begin hearing the matter from October 1. Justice Sanjay Kishan Kaul, who is ethnically a Kashmiri, is on the .....
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Saradha Scam: Rajeev Kumar gets Anticipatory Bail from High Court [01-10-2019]

Saradha Scam: Rajeev Kumar gets Anticipatory Bail from High Court 01 Oct 2019 In a major relief to senior IPS officer Rajeev Kumar, on Tuesday, the High Court of Calcutta gave him anticipatory bail in the Saradha Chit Fund Scam. A Division Bench of Justices Sahidullah Munshi & Subhasis Dasgupta accepted the interim bail appeal moved by IPS officer Kumar & noted that “custodial interrogation is not required” for him. The Central Bureau of Investigation (CBI) has opposed Mr. Ku .....
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Family Court : First Born’s Hospital Bills to be Borne by Mother’s Parents Brain dead baby 30 Sep 2019 [30-09-2019]

Family Court : First Born’s Hospital Bills to be Borne by Mother’s Parents Brain dead baby 30 Sep 2019 A family court in Bengaluru had ordered that the expenses incurred towards the birth of a ‘1st child’ be borne by the parents of the mother, “as per customs” . It absolved the husband of bearing any of the expenses. The HC however intervened & said that the judge shouldn't use his personal knowledge to decide on cases. It has rejected the ‘cryptic’ order of the family .....
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Take Action against 2 Officers in kidnapping Case: Court to Police [30-09-2019]

Take Action against 2 Officers in kidnapping Case: Court to Police Order-Order-gavel 30 Sep 2019 Categories : Latest News A City Court has directed the Delhi Police Commissioner to take disciplinary action against an Assistant Commissioner of Police & an Investigating Officer for careless conduct while investigating the kidnapping of a three-year-old child in 2017. After the abduction, five persons were booked on charges of kidnapping for ransom & criminal conspiracy at Gokulpuri P .....
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PIL in Delhi HC seeks prior intimation of leave by Delhi Judicial Officers [01-10-2019]

A petition has been filed before the Delhi High Court seeking directions mandating timely prior intimation of leave by Delhi Judicial Officers. The petition was filed by Advocate Amish Aggarwala (petitioner) after he came across the “hardships" caused to litigants and other stakeholders when they reach courtrooms of the Delhi District Courts only to find that Presiding Officer is on leave. Putting the problems of litigants and witnesses in perspective, the petitioner submits, “Every .....
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MCOCA Charges for Four who Robbed Rs 3 lakh Gold Rings [30-09-2019]

MCOCA Charges for Four who Robbed Rs 3 lakh Gold Rings court.jpg 30 Sep 2019 Categories : Latest News 4 robbers who were arrested for a Rs 3.3 lakh armed robbery in broad daylight, will further be booked under Maharashtra Control of Organised Crime Act (MCOCA). Maharashtra Industrial Development Corporation (MIDC) police will submit the case paper to the magistrate court on Oct 1, for their custody. On Aug 19, Rakesh Singh (29), Iqbal Khan (30), Firoz Malik (33) and Ramzan Khan (37 .....
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Kashmir: These petitions will be heard by Constitution Bench of Supreme Court [30-09-2019]

Kashmir: These petitions will be heard by Constitution Bench of Supreme Court kashmir On October 1, the Supreme Court will commence hearing the various petitions challenging the formal abrogation of Article 370 of the Constitution and allied issues pertaining to Jammu and Kashmir. Constitution Bench A Constitution Bench comprising Justices NV Ramana, Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant, dubbed the 'Kashmir Bench' will be hearing these matters. The first challe .....
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India's 'biggest' Sex Scandal: Cameras in Lipstick, Goggles were used to film Victims [30-09-2019]

India's 'biggest' Sex Scandal: Cameras in Lipstick, Goggles were used to film Victims honeytrap.PNG, pic by toi 30 Sep 2019 Categories : Latest News On Sunday, Police sources said, the honeytrap & blackmailing racket busted mid-Sept in Indore and Bhopal saw the clever use of spy cameras in lipsticks & goggles, along with the mundane mobile phone, as the accused went about filming their victims. On Sept18-19, five women & a man were arrested in Indore & Bhopal for allegedly running .....
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Breaking: SC allows prosecution of Devendra Fadnavis under Section 125 of Representation of People Act [01-10-2019]

In a significant judgment, the Supreme Court today held that a case has been made out for the prosecution of Maharashtra Chief Minister Devendra Fadnavis under Section 125A of the Representation of People Act, 1951 for alleged concealment of two criminal cases against him in the election affidavit filed by him in 2014. A Bench of CJI Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose unhesitatingly held that a case has been made for the prosecution of Fadnavis. It therefore set asid .....
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South Africa: Platinum Mining Labor Union seeks Wage Dispute Mediation Platinum Mining Labor Union, pic by: Reuters [01-10-2019]

South Africa: Platinum Mining Labor Union seeks Wage Dispute Mediation Platinum Mining Labor Union, pic by: Reuters 01 Oct 2019 Categories : International News Mediation South Africa’s biggest platinum mining labor union has referred a wage dispute with both Anglo American Platinum Ltd. and Sibanye Gold Ltd. to outside mediators. The referral came after three months of negotiations broke down, Association of Mineworkers and Construction Union President Joseph Mathunjwa told repor .....
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Rs 10 Lakh for Child who survived Acid Attack by Father [01-10-2019]

Rs 10 Lakh for Child who survived Acid Attack by Father Order-Order-gavel 01 Oct 2019 Categories : Latest News On Monday, a two-and-a-half-year-old girl, whose eyesight was damaged after an acid attack by her father on Sept 15, 2017, got Rs 10-lakh compensation. The compensation was given by the South 24 Parganas Criminal Injuries Compensation Board (CICB), which was chaired by District Judge Rai Chattopadhyay. An official said the mother had complained to Police that the father .....
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What happened in Kashmir petitions before 3-judge Bench of Supreme Court [01-10-2019]

What happened in Kashmir petitions before 3-judge Bench of Supreme Court October 1 2019 Kashmir A batch of petitions touching upon various issues birthing from the abrogation of Article 370 and concerning the State of Jammu & Kashmir were taken up by the Supreme Court for hearing today. While the challenge to the abrogation of the Article itself was heard by a Constitution Bench which adjourned the matter after granting more time to the Central government to file its response, a thr .....
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Former Vice President of High Court Bar Association found Dead at Home [02-10-2019]

Former Vice President of High Court Bar Association found Dead at Home Suicide 02 Oct 2019 Advocate & Ex-Vice-President of High Court Bar Association (HCBA) Amrendra Kumar Singh (51) was found dead at his house in Rajruppur late Monday night. On Tuesday, Police said the autopsy report confirmed electrocution as the cause of death. "Singh's post-mortem report mentions electrocution as cause of the death. We have carried out a detailed investigation & found no foul play," said Saty .....
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Thailand not to send Dawood Man to India, Dawood kin murder case [02-10-2019]

Thailand not to send Dawood Man to India Dawood kin murder case 02 Oct 2019 In a setback to India’s efforts to obtain the custody of senior D Company operative Munna Jhingada from Thailand, where he served 16 years in Jail for an assassination attempt on underworld don Chhota Rajan, a Thai Court of appeal has reversed a Lower Court decision of 2018 holding him to be an Indian citizen & granting his extradition to India. Sources in the Indian intelligence agencies rued the developm .....
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Two Brothers get Life Imprisonment for Killing Teenager who opposed Sexual Harassment of his Sister [02-10-2019]

Two Brothers get Life Imprisonment for Killing Teenager who opposed Sexual Harassment of his Sister Order-Order-gavel 02 Oct 2019 On Saturday, a Local Court in Mathur gave a life sentence to 2 brothers in their 40s for killing their teenaged neighbour, who had opposed the sexual harassment of his minor sister by the accused two years ago. The Court also imposed a fine of Rs 10,000 on each of them. According to Circle Officer, Mathura city, Rakesh, the Court of Additional District & .....
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Trademark Infringement: HC restrains Snapdeal from selling branded products without consent of original owner [02-10-2019]

Trademark Infringement: HC restrains Snapdeal from selling branded products without consent of original owner Snapdeal-owners-1.jpg 02 Oct 2019 Categories : Intellectual Property News Delhi High Court restrained e-commerce platforms from selling branded products without any permission from the original owner. Titan Company Private Limited filed an application against Rohit Kumar Jain, SnapDeal and others for trademark infringement. The case is filed before the Delhi High Court. .....
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Chinmayanand case: Priyanka Gandhi's 'Padyatra' to support Law Student [02-10-2019]

Chinmayanand case: Priyanka Gandhi's 'Padyatra' to support Law Student Priyanka Gandhi.jpg, pic by gj 02 Oct 2019 A day after it was stopped from taking out a march in support of Law student, who has accused BJP leader Swami Chinmayanand of rape, Congress General Secretary Priyanka Gandhi Vadra is set to lead a 'padayatra' on Gandhi Jayanti in Lucknow on Wednesday. Priyanka Gandhi Vadra along with Congress party workers is set to take out the padayatra at noon from Shaheed Smarak to .....
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Death Penalty sought for Rapist-Killer of Physiotherapist Death Sentence [02-10-2019]

Death Penalty sought for Rapist-Killer of Physiotherapist Death Sentence 02 Oct 2019 On Tuesday, a week after a 29-year-old man was found guilty of the 2016 Rape & Murder of a 24-year-old Physiotherapist, the Prosecution sought the Death sentence for him. Making submissions on the quantum of sentence before the Dindoshi Sessions Court, Special Public Prosecutor Raja Thakare asked the Court not to show any mercy toward the accused, Debashish Dhara. Special Public Prosecutor Raja Thak .....
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INX Media Case| Chidamabaram seeks bail; tells SC he hasn’t influenced any witness [03-10-2019]

INX Media Case| Chidamabaram seeks bail; tells SC he hasn’t influenced any witness Published on October 3, 2019B Supreme Court: Senior Congress leader P Chidambaram on Thursday moved the Supreme Court against the order of the Delhi High Court that dismissed his bail plea in the INX Media case. Chidambaram, who is currently in judicial custody in Tihar jail, filed a Special Leave Petition (SLP) before the Supreme Court earlier today, days after the High Court dismissed his bail plea conte .....
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WIPO | Philip Morris USA wins right over disputed domain name registered with ‘GoDaddy.com’ as it was confusingly similar to their trademark and was being used in bad faith [03-10-2019]

WIPO | Philip Morris USA wins right over disputed domain name registered with ‘GoDaddy.com’ as it was confusingly similar to their trademark and was being used in bad faith CASE BRIEFS INTERNATIONAL COURTS Published on October 3, 2019 World Intellectual Property Organization: M. Scott Donahey (Panelist) transferred the disputed domain names to Philip Morris USA Inc. as these were confusingly similar to their trademark. Philip Morris USA Inc., manufacturer and marketer of cigarettes .....
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NGT Summons Senior Govt. Officials [03-10-2019]

NGT Summons Senior Govt. Officials NGT 03 Oct 2019 Following a plea seeking action against illegal dumping of garbage & discharge of untreated water by restaurants in Murthal, the NGT has directed senior officials of the Haryana State govt to be present before the tribunal on Nov 11. The National Green Tribunal directed authorities to move up timelines for installing solid waste treatment plants for the “protection of environment & public health”. Taking note of a report furn .....
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PIL filed in High Court against Judicial Officials’ Leave without Notice [03-10-2019]

PIL filed in High Court against Judicial Officials’ Leave without Notice Delhi High Court 03 Oct 2019 The Delhi HC has decided to consider the issue of judicial officers taking leave without timely informing the advocates & litigants, causing them inconvenience. A Bench of CJ D.N. Patel & Justice C. Hari Shankar was hearing a petition seeking directions for prior intimation by judicial officers intending to take leave, as done by the judges of the HC. The petition said one prim .....
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High Court: Provide Clean Drinking Water to Traffic Policemen [03-10-2019]

High Court: Provide Clean Drinking Water to Traffic Policemen Traffic Police. 03 Oct 2019 The Govt. had been directed by the High Court of Delhi to provide clean drinking water & regular medical examination to the Delhi Traffic Police personnel. The Centre should take care of all its staff on a monthly basis, said a Bench of Chief Justice D.N. Patel & Justice C. Hari Shankar. “It is expected from the higher administrative officers of the respondents that they shall provide clea .....
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Ex-IAS officer’s 5-year Jail term Suspended in Illegal Arms Case [03-10-2019]

Ex-IAS officer’s 5-year Jail term Suspended in Illegal Arms Case judgement 03 Oct 2019 A Delhi court has suspended the 5-year jail term awarded to a former Indian Administrative Service (IAS) officer in a 32-year-old case of recovery of arms & ammunition from his possession, taking note of his old age & medical ailments. Special Judge Illa Rawat granted the relief to 81-year-old Surender Singh Ahluwalia, saying he had made out a case for suspension of sentence & grant of bail to h .....
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Senior Lawyer Harish Salve: Article 370 Was a Mistake, Pakistan's Reaction Sign of Complete Bankruptcy [03-10-2019]

Senior Lawyer Harish Salve: Article 370 Was a Mistake, Pakistan's Reaction Sign of Complete Bankruptcy Harish Salve 03 Oct 2019 Sr. Indian Advocate Harish Salve on Wednesday endorsed the Narendra Modi govt's decision to revoke Article 370 to withdraw the special status of J&K as a means of correcting a "mistake". He described Pakistan's reaction to the move as a sign of "complete bankruptcy" because Kashmir is an integral part of India where they were "squatting". Tensions betwee .....
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Post Mortem Report saved this Husband from charge of abetting Wife's Death [03-10-2019]

Post Mortem Report saved this Husband from charge of abetting Wife's Death court, 03 Oct 2019 A Delhi Court has acquitted a man of the charge of abetting his wife to die, remarking that the post-mortem report ruled out unnatural death of the victim at Mandawali in east Delhi in 2011. After remaining in coma for a few days the victim had died at a hospital. Additional Sessions Judge Surinder Kumar Sharma stated in his order that “B.N. Acharya has conducted the post-mortem of de .....
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High Court sets aside arbitral order against Luthra's exiting Partner [03-10-2019]

High Court sets aside arbitral order against Luthra's exiting Partner Bombay High Court 03 Oct 2019 On Tuesday, Manan Lahoty, head of the crack Capital Markets team that is set to join IndusLaw soon, has won a major victory in the Bombay High Court in a multi-hour hearing against his as-of-now-still employer L&L Partners. As per sources from Bombay High Court, L&L, formerly known as Luthra & Luthra, had obtained an ex parte arbitration order against Lahoty last week, on 28 Sept, all .....
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In two separate cases, Supreme Court imposes Death Penalty on three persons [03-10-2019]

In two separate cases, Supreme Court imposes Death Penalty on three persons Murali Krishnan October 3 2019 death penalty The Supreme Court today imposed death penalty on three persons in two separate cases. The judgments in both cases were rendered by the same Bench of Justices Rohinton Nariman, R Subhash Reddy and Surya Kant. While Justice Subhash Reddy dissented in one of the judgments with respect to the sentence, the second judgment was unanimous. First Case - Ravi S/o Ashok Ghu .....
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Six Months Cooling-off period under Section 13B(2) of Hindu Marriage Act not mandatory, SC [03-10-2019]

Six Months Cooling-off period under Section 13B(2) of Hindu Marriage Act not mandatory, SC (Read judgement) The Supreme Court today held that minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 (Act) for a motion for passing decree of divorce on the basis of mutual consent is not mandatory and can be waived by courts depending on the facts and circumstances of the case. The judgment was delivered by a Bench of Justices AK Goel and UU Lalit in a .....
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New Chief Justices appointed to Andhra Pradesh, Sikkim, and Gauhati High Courts Oct. 3/2019 [03-10-2019]

New Chief Justices appointed to Andhra Pradesh, Sikkim, and Gauhati High Courts Oct. 3/2019 Three High Courts to get new Chief Justices as Centre notifies the appointment of Chief Justices for Andhra Pradesh, Sikkim, and Gauhati High Courts. Andhra Pradesh High Court: Justices Jitendra Kumar Maheshwari, who is currently a Judge at the Madhya Pradesh High Court is set to assume charge as the Chief Justice of the Andhra Pradesh High Court. Justice Maheshwari will be the first Chief Jus .....
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Sikkim HC | Orders of appointment of the Chief Justice of the Court [04-10-2019]

Sikkim HC | Orders of appointment of the Chief Justice of the Court APPOINTMENTS & TRANSFERSNEWS Published on October 4, 2019 President is pleased to appoint Justice Arup Kumar Goswami, Judge of the Gauhati High Court, to be the Chief Justice of the Sikkim High Court with effect from the date he assumes charge of his office. .....
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Himachal Pradesh HC | Orders of appointment of Chief Justice of the Court [04-10-2019]

Himachal Pradesh HC | Orders of appointment of Chief Justice of the Court APPOINTMENTS & TRANSFERSNEWS Published on October 4, 2019 Bail Application Orders of Appointment President is pleased to appoint Justice Lingappa Narayana Swamy, Judge of the Karnataka High Court, to be the Chief Justice of the Himachal Pradesh High Court with effect from the date he assumes charge of his office. .....
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Justice Jitendra Kumar Maheshwari of MP HC to be the Chief Justice of Andhra Pradesh HC [04-10-2019]

Justice Jitendra Kumar Maheshwari of MP HC to be the Chief Justice of Andhra Pradesh HC APPOINTMENTS & TRANSFERSNEWS Published on October 4, 2019 President is pleased to appoint Justice Jitendra Kumar Maheshwari, Judge of the Madhya Pradesh High Court, to be the Chief Justice of the Andhra Pradesh High Court with effect from the date he assumes charge of his office. .....
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High Court: Ensure no Person is Hired to Clean Sewers, Septic Tanks [05-10-2019]

High Court: Ensure no Person is Hired to Clean Sewers, Septic Tanks judgement 05 Oct 2019 The Punjab & Haryana HC has directed Punjab, Haryana & Chandigarh to ensure that no person is employed to clean septic tanks, sewer lines, including manholes. The sewer lines, septic tanks & manholes shall be cleaned mechanically by employing the latest technological appliances, it said. The High Court also directed the authorities to ensure that no person throughout Punjab, Haryana & Chandigar .....
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Delhi High Court disposes of Law Officer Plea wooden-judges-gavel [05-10-2019]

Delhi High Court disposes of Law Officer Plea wooden-judges-gavel 05 Oct 2019 High Court of Delhi has disposed of a petition seeking appointment of law officers in every Jail in Delhi after the AAP Govt. submitted that the process for creation of such a post is under progress. A Division Bench comprising of Chief Justice DN Patel & Justice C Harishankar recently observed, "We direct the respondent to complete the process for appointing law officers for each jail in Delhi, as expedit .....
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Trial not Empty Formality, says High court, denies Relief to City Builder [05-10-2019]

Trial not Empty Formality, says High court, denies Relief to City Builder Order-Order-gavel 05 Oct 2019 The High Court of Madras has declined to quash Enforcement Directorate (ED) proceedings against a Chennai-based builder – VGN Developers P Ltd – in a Rs 272-crore land deal in Guindy, saying the criminal trial will not be an empty formality. The Court also asked the Principal Sessions Court in Chennai to complete the trial within 9 months. Refusing to quash the proceedings at .....
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Supreme Court recommends 12 Judges for this High Court [05-10-2019]

Supreme Court recommends 12 Judges for this High Court 05 Oct 2019 The SC collegium recommended the names of 12 Lawyers to be elevated as Judges of High Court of Karnataka. Chaired by CJI Ranjan Gogoi, the collegium cleared the names of NS Sanjay Gowda, M Jyoti, R Nataraj, NR Naik, Hemant Chandanagoudar, RV Hosmani, Pradeep Singh Yerur & MN Nagaprasanna. It reiterated its recommendation to appoint advocates S Vishwajith Shetty, ES Indiresh, MI Arun & MGS Kamal as Karnataka HC Judges. .....
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China supports Hong-Kong's anti-mask law amid widespread protest [05-10-2019]

China supports Hong-Kong's anti-mask law amid widespread protest 05 Oct 2019 On Friday, China said it supports a law introduced by Hong Kong’s Leader Carrie Lam that will ban anti-government protesters from wearing face-masks. Yang Guang, the Spokesman for China’s Hong Kong and Macao Affairs Office of the State Council, said the chaotic situation in Hong Kong can't continue indefinitely, and that Hong Kong has reached a critical moment. Yang said the protests were evolving into a .....
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Abortion Ban: U.S. Supreme Court takes major case that could curb access to process [05-10-2019]

Abortion Ban: U.S. Supreme Court takes major case that could curb access to process 05 Oct 2019 On Friday, the U.S. Supreme Court agreed to take up a major Abortion Case that could lead to new curbs on access to the procedure as it considers the legality of a Republican-backed Louisiana Law that imposes restrictions on abortion doctors. The Justices will hear an appeal by abortion provider Hope Medical Group for Women, which sued to try to block the law, of a lower court ruling upholdin .....
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U.N. Human Rights Office: Hong Kong must protect freedom of assembly [05-10-2019]

U.N. Human Rights Office: Hong Kong must protect freedom of assembly 05 Oct 2019 On Friday, the United Nations Human Rights Office said that any new Government measures to cope with protests in Hong Kong must be grounded in law and protect the Right to Freedom of Assembly. Any use of force should be exceptional and only in compliance with international standards, including the principles of necessity and proportionality, U.N. Human Rights spokeswoman Marta Hurtado told a Geneva brief .....
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Mockery of the process", Chhattisgarh HC berates govt move to take reservation to 82%, OBC quota increase put on hold [05-10-2019]

Mockery of the process", Chhattisgarh HC berates govt move to take reservation to 82%, OBC quota increase put on hold The Chhattisgarh High Court has directed the State government not to proceed with an Ordinance that envisions an increase in the reservation for Other Backward Classes (OBCs) in government jobs from 14% to 27%. The Bench of Chief Justice PR Ramachandra Menon and Justice PP Sahu also berated the State government for making a mockery of proceedings pending in an earlier move .....
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Bombay High Court refuses to stay on-going felling of trees in Aarey [05-10-2019]

Bombay High Court refuses to stay on-going felling of trees in Aarey [Read order] October 5,2019 In a setback to environmental activists, the Bombay High Court on Saturday rejected their plea seeking a stay on the ongoing felling of trees at Aarey Colony for the State government's metro car depot project. On Friday, a Division Bench comprising Chief Justice Pradeep Nandrajog and Justice Bharati Dangre had dismissed pleas challenging the decision of the BMC's Tree Authority to allow the .....
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Justice Sanjay Yadav appointed Acting Chief Justice of Madhya Pradesh High Court [Read Notification] [05-10-2019]

Justice Sanjay Yadav appointed Acting Chief Justice of Madhya Pradesh High Court [Read Notification] October 5 2019 Madhya Pradesh High Court The Central Government has notified the appointment of Justice Sanjay Yadav as the Acting Chief Justice of the Madhya Pradesh High Court. As stated in the notification issued today, "In exercise of the powers conferred by Article 223 of the Constitution of India, the President is pleased to appoint Shri Justice Sanjay Yadav, Judge of the Madhy .....
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Justice N Kotiswar Singh appointed Acting Chief Justice of Gauhati High Court [Read Notification] [05-10-2019]

Justice N Kotiswar Singh appointed Acting Chief Justice of Gauhati High Court. October 5,2019 Justice Nongmeikapam Kotiswar Singh has been appointed the Acting Chief Justice of the Gauhati High Court. To this end, a Central Government notification issued on Saturday states, "In exercise of the powers conferred by Article 223 of the Constitution of India, the President is pleased to appoint Shri Justice Nongmeikapam Kotiswar Singh, senior- most Judge of the Gauhati High Court, to perf .....
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Link Legal appoints Rajneesh Singh as Head of Strategy, CEO Jayanarayanan leaves [05-10-2019]

Link Legal appoints Rajneesh Singh as Head of Strategy, CEO Jayanarayanan leaves October 5,2019 Link Legal India Law Services has appointed Rajneesh Singh as Head of Strategy. At the same time CEO Jayanarayanan NR is leaving the firm and relocating to Mumbai. Rajneesh will be in charge of implementing the strategic objectives of the firm. A press release issued by the firm states: "Rajneesh’s addition to the firm will add impetus to the firm’s vision of creating and recognizi .....
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Pendency of suit not a bar to admit Sec 7 IBC plea by financial creditor, NCLAT [05-10-2019]

Pendency of suit not a bar to admit Sec 7 IBC plea by financial creditor, NCLAT October 5,2019 The National Company Law Appellate Tribunal (NCLAT) has held that the pendency of a suit with respect to a dispute associated with a default cannot be a ground to reject an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by a Financial Creditor. A pre-existing dispute cannot be a subject matter of Section 7 IBC, though it may be relevant under Section 9 of IBC, t .....
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Breaking: Supreme Court grants Gautam Navlakha interim protection from arrest till October 15 [05-10-2019]

Breaking: Supreme Court grants Gautam Navlakha interim protection from arrest till October 15 October 4,2019 The Supreme Court today extended the interim protection granted to Gautam Navlakha in the Bhima Koregaon case till October 15. Navlakha has moved the Supreme Court seeking the quashing of the FIR against him. The matter needs to be heard in detail, the Bench of Justices Arun Mishra and Deepak Gupta observed and directed the State of Maharashtra to place all the material before th .....
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SC: It's unfortunate that Supreme Court level Counsel cite Overruled Judgments [08-10-2019]

SC: It's unfortunate that Supreme Court level Counsel cite Overruled Judgments Justice Aniruddha Bose-Justice Deepak Gupta 08 Oct 2019 It is unfortunate that at the Supreme Court level counsel cite judgments which have been overruled, remarked the Supreme Court recently while disposing of an appeal Raj Kumar v. State of UP. The bench comprising of Justice Deepak Gupta & Justice Aniruddha Bose made this observation when the counsel cited various judgments to establish that when there .....
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'Emotionally Dead': Supreme Court Says Marriage Can be Dissolved if it Breaks Down Irretrievably [10-10-2019]

Emotionally Dead': Supreme Court Says Marriage Can be Dissolved if it Breaks Down Irretrievably Supreme Court 10 Oct 2019 Though 'irretrievable breakdown of marriage' isn't a ground for divorce under the Hindu Marriage Act & Special Marriages Act, the Top Court has, in a significant ruling, said divorce can be granted if a marriage is totally unworkable, emotionally dead & beyond salvage. Coming to the rescue of a man fighting a legal battle for divorce for the last 2 decades as his .....
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Putting up a name board on the boundary wall of the occupied premises is not an offence of defacement [Read the Order] [11-10-2019]

Putting up a name board on the boundary wall of the occupied premises is not an offence of defacement [Read the Order] Delhi HC 11 Oct 2019 Delhi High Court has observed that putting up a name board on the boundary wall of the occupied premises is not an offence of defacement. A bench of Justice Bakhru has passed the order in the case titled as M/S. FEDERAL BANK vs STATE on 24.09.2019. FIR was registered at the instance of the North Delhi Municipal Corporation (NDMC). It is alleg .....
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High Court: Nothing wrong in Vehicle Owner employing his Brother as Driver [11-10-2019]

High Court: Nothing wrong in Vehicle Owner employing his Brother as Driver (Read Judgment) order 11 Oct 2019 The Employees Compensation Act doesn't forbid anyone from employing his or her brother as his vehicle driver, the HC has ruled, while directing the Commissioner for Employees Compensation Tribunal, Bengaluru, to consider afresh a Bengalurean's claim. BN Sandeep , a resident of west Bengaluru, had challenged the tribunal's rejection of his claim petition. He contended that he .....
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Section 138 NI Act: Revision not maintainable against dismissal of the application for handwriting expert opinion [12-10-2019]

Section 138 NI Act: Revision not maintainable against dismissal of the application for handwriting expert opinion [Read the Order] Issue of Cheque Dishonour 12 Oct 2019 Categories : Cheque Bounce Cases Madras High Court has held that criminal revision is not maintainable as against the order passed by the Court below under Section 45 of the Evidence Act for handwriting expert opinion. A bench of Justice Venkatesh has passed the order in the case titled as P.Pattabiraman vs S.R.Esw .....
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Sale Deed: Registering Authority cannot deny registration even if the price is below the notified circle rates [14-10-2019]

Sale Deed: Registering Authority cannot deny registration even if the price is below the notified circle rates [Read the Order] Delhi HC 13 Oct 2019 Delhi High Court has held that a Registering Authority cannot deny registration even if the price is below the notified circle ratesss, however, after registration it can refer the matter to the collector of stamp. A bench of Justice bakhru has passed the order in the case titled as ABHISHEK JAIN vs LT. GOVERNOR NCT OF DELHI AND ORS. on .....
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P Chidambaram produced before CBI Court: Live Updates from Rouse Avenue [14-10-2019]

P Chidambaram produced before CBI Court: Live Updates from Rouse Avenue October 14 2019 P chidambaram A Special CBI Court at Rouse Avenue Court Complex in Delhi is hearing the application filed by the Enforcement Directorate (ED) seeking custody of former Union Minister P Chidambaram. The ED had moved the Special CBI Court last week seeking Chidambaram's custodial interrogation. Special CBI Judge Ajay Kumar Kuhar had then ordered the production of P Chidambaram before Court. ED had .....
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[14-10-2019]

Section 138 NI Act: No case made out if cheque amount is more than the liability [Read the Order] 15 Oct 2019 Categories : Cheque Bounce Cases Delhi High Court has refused to grant leave to appeal in a cheque bounce case where the accused was acquitted since the cheque amount was more than the liability. A bench of Justice Bakhru has passed the order in the case titled as STARKEY LABORATORIES INDIA PVT LTD vs SANJAY GUJRAL on 24.09.2019. The petitioner’s complaint related to t .....
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Further investigation: Earlier view overruled: Now, Magistrate can issue direction even after cognizance [16-10-2019]

Further investigation: Earlier view overruled: Now, Magistrate can issue direction even after cognizance [Read the Order] Apex Court 16 Oct 2019 Supreme Court has held that Magistrate can order further investigation even after taking cognizance of the chargesheet filed by the police. A three judges bench of Justice Nariman, Justice Kant and Justice Ramasubramanian has passed the order in the case titled as Vinubhai Haribhai Malaviya and Ors. vs The State of Gujarat and Anr. on 16.10 .....
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Collegium’s actions show that the NJAC which was struck down four years ago is back, with a vengeance [16-10-2019]

It seems to me that the unconstitutional NJAC is rearing its head and is now Frankenstein’s monster. The advice of the two eminent persons postulated by the NJAC is no longer required. Four years ago, on October 16, 2015, the Supreme Court (SC) struck down as unconstitutional an amendment to the Constitution establishing the National Judicial Appointments Commission (NJAC). The amendment and the corresponding law were challenged by the Supreme Court Advocates-on-Record Association (SCAORA) be .....
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2 Arrested in Metropolitan Magistrate’s Phone Snatching Case [16-10-2019]

2 people were on Wednesday arrested from Bharat Nagar area for allegedly snatching the mobile phone of a Metropolitan Magistrate in the district Monday night. Tis Hazari court Metropolitan Magistrate Viplav Dabas was talking on his phone outside his house in North Delhi’s Kamla Nagar when 2 men on a scooter snatched his phone. Confirming the arrest, Deputy commissioner of Police (DCP) (North-West) Vijayanta Arya said the accused was arrested after he was identified on CCTV camera, & that hi .....
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All about The Personal Data Protection Bill, 2018 By: Simran Sabharwal [16-10-2019]

Introduction In the 21st century, the youth is glued to their cell phones or tablets. Not only youngsters but also the adults are surrounded by technology. These days the bill payments, shopping etc are done through electronic mode. It becomes necessary on the part of the government to ensure that the transactions are safe and full privacy is ensured. When you make any online payment, you give access to all your valuable data. Data is as precious as money in the present time. Data privacy re .....
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POCSO cases: Absence of positive FSL report will not cast any doubt on the testimony of the victim [21-10-2019]

[24-11-2019]

Undertrials who complete 50% of proposed Sentence must be Released, says Union Law Minister 29 Nov 2019 [29-11-2019]

Undertrials who complete 50% of proposed Sentence must be Released, says Union Law Minister 29 Nov 2019 On Thursday, Ravi Shankar Prasad, Union Law Minister told the Rajya Sabha that he had appealed to the Chief Justices of all 25 High Courts to ensure expeditious trial & the release of undertrials who had completed 50 per cent of their proposed sentence. Release of undertrial prisoners was part of the reform process in Jails to reduce the load, Mr Prasad said during Question Hour. R .....
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A First: All-women Bench 29 Nov 2019 [29-11-2019]

A First: All-women Bench 29 Nov 2019 For the 1st time since it was established more than a century ago, the Punjab & Haryana HC has an all-women Bench. The exceptional distinction came as Chief Justice Ravi Shanker Jha administered oath to 6 judicial officers from Punjab & Haryana, taking the total number of women Judges in the HC to a record 10. The all-women Bench comprises senior-most woman Judge, Justice Daya Chaudhary, & Justice Meenakshi Mehta, who was administered oath as an addi .....
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[14-01-2020]

On the Direction of Delhi High Court Dated 6-12-19 Election Commission of RCBA had scrutinsed 83 Members /Voters out of which,,, 30 RCBA members who had got transferred from Bar Council of Delhi to others states had cleared their Dues and had filed there declaration form for ensuring voting right in the forthcoming election of RCBA 2 Fake Degree Holders Lawyers are also found as per BCD record Now all these members are even bogus /Fake members as well as voters Till date only 25 Ob .....
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TOP 5 JUDGEMENTS ON MISUSE OF 498 A [30-09-2019]

Top 5 Supreme Court judgment on misuse of 498A https://thesuperorganizeruniverse.com/tag/fighting/ This article written by Saumya Sinha, a student of RGNUL, is a good read on the practical aspects of the implementation of the provision on cruelty inserted by an amendment in the IPC, and penetrates into the veil created by S.498A. Section 498A of Indian Penal Code, 1860 was inserted by the Criminal Law (Second Amendment) Act, 1983. Before the insertion of this section, such cases of cruelt .....
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CRIMINAL APPEAL NO: 467 /2009 Smt.Nanda w/o Dharam Nandanwar Vs Nandkishor s/o Talakram Thaokar [30-09-2019]

Supreme Court: No maintenance for wife who is working for sufficient salary [30-09-2019]

M. Abbas Haji Vs. T.N. Channakeshava [Criminal Appeal No.664 of 2012] [01-10-2019]

Amiruddin vs. State (Delhi Admn.) [02-10-2019]

Amiruddin vs. State (Delhi Admn.) Indian Penal Code, 1860 Sections 302 and 304 Part II - Culpable homicide - Conviction - only one blow given to deceased on back - Blow went through back and cut aorta - If it had missed aorta, probably deceased would not have died - There is no evidence to show that appellant was prevented from giving another blow which indicate that his intention was not to kill deceased - Appellant to be held guilty of committing offence punishable under Part II of Section .....
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Case:_ _State of Orissa & Anr. Vs Dhirendra Sundar Das & Ors._ [02-10-2019]

*_?SC: Summary or in limine dismissal or disposal at threshold without giving any detailed reasons, does not constitute any declaration of law or a binding precedent under Article 141 of Constitution._* _Constitution of India - Article 141 - Binding Precedent - Dismissal of a S.L.P. in limine simply implies that case before this Court was not considered worthy of examination for a reason, which may be other than merits of case - Such in limine dismissal at threshold without giving any detaile .....
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Kumbham Lakshmanna and Ors. Vs. Tangirala Venkateswarlu and Ors. [03-10-2019]

Landmark judgment on burden of proof and onus of proof What is called the burden of proof on the pleadings should not be confused with the burden of adducing evidence which is described as "shifting." The burden of proof on the pleadings never shifts, it always remains constant see Pickup v. Thames Insurance Co. (1878) 3 Q.B.D. 594. These two aspects of the burden of proof are embodied in Sections 101 and 102 respectively of the Indian Evidence Act. Section 101 states: Whoever desires any cou .....
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Dhanjit Vadra vs Smt. Beena Vadra on 30 January, 1990 [03-10-2019]

Rajasthan State Road Transport Corporation. Vs. Danish Khan [Civil Appeal No. 7802 of 2019 arising out of SLP (C) No. 4772 of 2017] [Civil Appeal No. 7803 of 2019 arising out of SLP (C) No. 13139 of 2017] [05-10-2019]

Rajasthan State Road Transport Corporation. Vs. Danish Khan [Civil Appeal No. 7802 of 2019 arising out of SLP (C) No. 4772 of 2017] [Civil Appeal No. 7803 of 2019 arising out of SLP (C) No. 13139 of 2017] L. NAGESWARA RAO, J. 1. The Rajasthan State Road Transport Corporation (for short, 'the Corporation') has filed the above Appeal aggrieved by the judgment of the Rajasthan High Court of Judicature, Jaipur Bench by which Regulation 4(3) of the Rajasthan State Road Transport Corporati .....
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Ravi S/o. Ashok Ghumare Vs. State of Maharashtra [Criminal Appeal Nos. 1488-1489 of 2018] [05-10-2019]

shwari Lal Yadav Vs. State of Chhattisgarh [Criminal Appeal Nos.1416-1417 of 2017] Nihaluddin @ Khanbaba & Ors. Vs. State of Chhattisgarh [Criminal Appeal Nos. 300-301 of 2018] Kiran Bai Vs. State of Chhattisgarh [Criminal Appeal Nos.1418-1419 of 2017] Rajendra Kumar & ANR. Vs. State of Chhattisgarh [Criminal Appeal Nos.298-299 of 2018] [05-10-2019]

Case No:- CRl-A 199/18_ _Date:- 19/01/18* [11-10-2019]

_*SC CRL*_ _*Party Name:- Anita Maria v/s State of Maharashtra*_ _*Case No:- CRl-A 199/18*_ _*Date:- 19/01/18*_ _*AK SIRI JJ*_ _*HEADNOTE:- -Section 482 CRPC Sections 406, 420, 467, 471 and 34 IPC -Criminal breach of trust, cheating and forgery Criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when parties have resolved their .....
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test case [12-10-2019]

test case .....
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Prem Bahadur v/s State_ _Case No:- CRL-A 888/17_ _Date:- 22/07/19*_ [30-11-2019]

_*DHC CRL*_ _*Party Name:- Prem Bahadur v/s State*_ _*Case No:- CRL-A 888/17*_ _*Date:- 22/07/19*_ _*Hari Shankar JJ*_ _*HEADNOTE:- Sections 363, 366 & 376(2) (i) IPC and Section 6 of the POCSO Act-Rape of minor-Question of sentence Rape is, on every occasion and without exception, a crime of power, more than one of lust, and, when committed on a child, is brute and unrelentingly savage expression thereof No clemency or mercy, whatsoever, can be shown to the perpetrator of such an ac .....
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Kailash Vati v/s Ludhiana Beverage Pvt Ltd_ _Case No:- CRM-M 2607/18_ _Date:- 27/08/19*_ [30-11-2019]

_*P&H CRL*_ _*Party Name:- Kailash Vati v/s Ludhiana Beverage Pvt Ltd*_ _*Case No:- CRM-M 2607/18*_ _*Date:- 27/08/19*_ _*ANIL KSHETARPAl JJ*_ _*HEADNOTE:- NI ACT Section 138-Dishonour of cheque-Petition to quash complaint-Question as to whether writing a date in the blank column meant for entering a date would fall within the scope of material alteration or not-Filling in the blank shall not be always required to be treated as a material alteration-Pleaded case of complainant that da .....
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Bail Appln 584/2018*_ [18-01-2020]

_*DHC CRL*_ _*Party Name:- Anil Kumar V State Govt Of Nct Of Delhi*_ _*Case No:- Bail Appln 584/2018*_ _*Date:- 23:03:18*_ _*HEADNOTE:- Section 439 CRPC Bail-Offence of murder-Allegations made in the FIR are that daughter of complainant who was 7 years of age had been murdered by someone. Submission that petitioner has been implicated solely on the basis of theory of last seen, however, nowhere has it come in evidence that deceased was last seen in the company of petitioner-Petitioner .....
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Case Number : S.L.P. (Crl) No. 547 of 2020 20-01-2020 [20-01-2020]

Pawan Kumar Gupta v. State of Nct of Delhi The Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Whether plea of Juvenility can be raised at any stage – Procedure to be followed to determine the age of the accused claiming to be juvenile. Once the procedure as stipulated under the Act has been followed, that order shall be the conclusive proof of the age as regards the child in conflict with law. Claim of juvenility may be raised at any stage even after final .....
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Judgement May 17,2019 [30-09-2019]

Judgment: IN THE SUPREME COURT OF INDIA CIVIL APELLATE JURISDICTION REPORTABLE (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.33602 OF2017 CIVIL APPEAL No.5011 OF2019CENTURY METAL RECYCLING PVT. LTD. AND ANOTHER ….. APPELLANT(S) VERSUS UNION OF INDIA AND OTHERS ….. RESPONDENT(S) JUDGMENT SANJIV KHANNA, J. Leave granted. 2. Impugned order dated 12th September, 2017 passed by the Division Bench of the High Court of Judicature at Allahabad dismisses Writ Petition Tax No.307 of 2 .....
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Citation: 2010(1)Crimes708, 2010(3)MhLj268 [30-09-2019]

Criminal Appeal No. 1387 of 2019. [@Special Leave to Appeal (Crl.) No. 712 of 2018] D/d. 13.9.2019. [02-10-2019]

Citation:_ _2019 (5) Supreme 618_ [02-10-2019]

*SC: Summary or in limine dismissal or disposal at threshold without giving any detailed reasons, does not constitute any declaration of law or a binding precedent under Article 141 of Constitution._* _Constitution of India - Article 141 - Binding Precedent - Dismissal of a S.L.P. in limine simply implies that case before this Court was not considered worthy of examination for a reason, which may be other than merits of case - Such in limine dismissal at threshold without giving any detailed .....
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Citation: AIR (36) 1 949 Privy Council 278 [03-10-2019]

Citation;2014(6) MHLJ 222 Bom [03-10-2019]

Can court permit amendment of complaint us 138 of NI Act? Bombay High Court Mr. Amol Shripal Sheth vs M/S. Hari Om Trading Co. & Ors on 3 October, 2012 Bench: T.V. Nalawade Citation;2014(6) MHLJ 222 Bom 1. All the three applications are filed under section 482 of Criminal Procedure Code. The petitioner from the three proceedings is the same and the same point is involved in the three proceedings and so they are being decided together. 2. The proceeding bearing Criminal Applicatio .....
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Equivalent citations: AIR 1990 Delhi 146, 1990 (18) DRJ 199, 1990 RLR 167 [03-10-2019]

[Criminal Appeal Nos. 1488-1489 of 2018] [05-10-2019]

[Criminal Appeal Nos. 1488-1489 of 2018] 3 1973(1) SCC 20 4 1980(2) SCC 684 5 1983(3) SCC 470 6 (2015) 16 SCC 492 7 (2002) 3 SCC 76 8 (2017) 4 SCC 393 9 Review Petition (Criminal) Nos. 306-307 of 2013 10 (2013) 2 SCC 479 11 (2013) 3 SCC 294 12 (2014) 4 SCC 317 13 (2003) 8 SCC 93 14 2005(3) SCC 127 15 (2007) 11 SCC 467 16 (2007)12 SCC 230 17 (2007) 12 SCC 288 18 (2014) 1 SCC 129 19 (2004) 2 SCC 338 20 Criminal Appeal No. 94 of 2019 21 Criminal Appeal No. 88-89/2019 22 (2019) 4 SCC 210 [05-10-2019]

[Criminal Appeal No. 1523-1524 of 2019 arising out of Special Leave Petition (CRL.) Nos. 9254- 9255/2019 CRL. M.P. Nos. 5704-5705 of 2017] [05-10-2019]

shwari Lal Yadav Vs. State of Chhattisgarh [Criminal Appeal Nos.1416-1417 of 2017] Nihaluddin @ Khanbaba & Ors. Vs. State of Chhattisgarh [Criminal Appeal Nos. 300-301 of 2018] Kiran Bai Vs. State of Chhattisgarh [Criminal Appeal Nos.1418-1419 of 2017] Rajendra Kumar & ANR. Vs. State of Chhattisgarh [Criminal Appeal Nos.298-299 of 2018] [05-10-2019]

Citation:_ _(1999) 1 SCC 16 : SC 452 AIR 1999._ [14-01-2020]

_*?SC: Supreme Court's power to punish for contempt of itselfa d lower courts - Scope - Taking suo motu cognizance of contempt of ITAT - is Legal and proper.*_ _Held, Supreme Court can punish not only for contempt of itself but also for contempt of all courts and tribunals subordinate to it including Income Tax Appellate Tribunal - Taking suo motu cognizance of contempt of ITAI by Supreme Court, although would render the contemner unable to appeal to any other court, held, not improper - Henc .....
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Citation:_ _(2000) 4 SCC 447._ [20-01-2020]

_*?SC:HC can't quash forgery case because an agency is investigating the offences under another statute also - Ss. 468,471 & 420 of IPC - Complaint regarding offences under W.B. Sales Tax Act as well as under IPC - FIR registered in accordance with CrPC - Quashed by High Court on ground that investigation on the basis of complaint had to be conducted under the Sales Tax Act - Applicability of S. 4(2) CrPC.*_ _Quashing of FIR whether justified - Abuse of process of court - All offences under I .....
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Citation:_ _2020 ALL SCR 191_ [20-01-2020]

_*?SC:Blacklisting of bidder, without a hearing, order bad in law, quashed.*_ _Challenge of a blacklisting order - Appellant - a pharmaceutical supplier was successful bidder for supply of pharmaceutical products to Health departments of State - As per tender conditions bidder has to declare that no criminal case was pending against it – Principle Secretary to Govt. of UP issued order directing its Medical and Health Department to stop local purchase from appellant as FIR is lodged against .....
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Restoration [08-10-2019]

Restoration. Hon'ble Supreme Court has held that the Court has inherent power to recall and set aside an order:- (i) when fraud has been practised upon the Court. (ii) when the Court is misled by a party or. (iii) when the Court itself commits a mistake which prejudices a party. See. Indian Bank vs. M/S. Satyam Fibres (India) Pvt. Ltd., MANU/SC/0657/1996 : (1996) 5 SCC 550 (Para 23), Referred in Shrawan vs. Renu Kushwaha and Ors. (19.08.2019 - ALLHC) : MANU/UP/2745/201 .....
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Restoration [08-10-2019]

Restoration. Motions to set aside judgments being permitted where: (i) a judgment was rendered in ignorance of the fact that a party had not been served at all and was shown as served or in ignorance of the fact that a necessary party had died and the estate was not represented, (ii) a judgment was obtained by fraud, (iii) a party has had no notice and a decree was made against him and such party approaches the Court for setting aside the decision ex debito justitiae on proof of t .....
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NDPS Act - Non Production Of Entire Contraband By Itself Not A Ground For Acquittal [State of Rajasthan V. Sahi Ram] [08-10-2019]

NDPS Act - Non Production Of Entire Contraband By Itself Not A Ground For Acquittal [State of Rajasthan V. Sahi Ram] The Supreme Court held that non-production of contraband material, by itself, is not a ground for acquittal, if its seizure is otherwise proved. On this ground, the bench of Justices U ULalit and Vineet Saran set aside the acquittal ordered by the High Court in a case under Narcotic Drugs and Psychotropic Substances Act 1985. .....
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The Code of Civil Procedure, 1908 – Section 9A – Interpretation of expression ‘jurisdiction of the Court to entertain such suit’ used in Section 9A of CPC ? [14-10-2019]

The Code of Civil Procedure, 1908 – Section 9A – Interpretation of expression ‘jurisdiction of the Court to entertain such suit’ used in Section 9A of CPC ? The jurisdiction to entertain has different connotation from the jurisdictional error committed in exercise thereof. There is a difference between the existence of jurisdiction and the exercise of jurisdiction. The expression jurisdiction has been used in CPC at several places in different contexts and takes colour from the contex .....
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WOMEN RIGHTS [21-01-2020]

WOMEN RIGHTS laws that protect women and their rights Crimes against women occur every minute in India. Women are not safe, whether it is in their houses, public places or at the workplace. Your safety in your hands sounds like a clichéd adage to repeat. Given the number of crimes that are committed against women, it is pertinent that women are aware about the laws that are in place to protect them. Remember knowledge is power. As a parent, wife, daughter, employee and a woman th .....
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