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Flat buyers can team up to move National Consumer Forum against builders | Probe into Sahara-Birla diaries, denied : SC  | Votes cannot be sought in name of religion : 7 judge Bench SC   | SC removes Anurag as President and Ajay as Secretary of BCCI  | National Anthem mandatory in cinemas before screening : SC | Son, irrespective of his marital status, has no legal right in parents' self acquired property : Delhi High Court  | SC bans sale of fire crackers in Delhi NCR |

 SC refuses to stay cases against demonetization

| SC sends Amit Sibal's defamation case against Delhi CM to Delhi HC | SC refuses to accept rejection of collegium recommendations |  SC: situation could be serious post-demonetisation | Punjab State Law scrapping water sharing agreements with other states, held unconstitutional by SC  | SC panel recommends legal recognition of Sex workers | SC allows BCCI to spend on Rajkot tests | Despite SC ban, sale of acid over the counter, continues  | Voter has fundamental right to know about qualifications of candidate | SC directs MLAs to clean Delhi Garbage  | SC curbs BCCI's financial powers | Bail granted to RJD MP shahabuddin cancelled by SC  | Conviction of Former Director General of Police, SPS Rathore for molesting minor girl Ruchika, upheld by SC   |

Karnataka to give 6000 cusecs of water to TN till 27th Sept. : SC 

| Supreme Court reduces quantum of Cauvery water to be released by Karnataka  | Sc lifts ban on CBI investigation in Bulandhshahr gangrape case  | SC refuses to stay HC's verdict declaring LG as the administrative head of National Capital territory  | SC scraps acquisition of nearly 1,000 acres of land in West Bengal’s Singur for Tata Motors’ Nano car project,  |

Review Petition of Telangana for division of assets rejected by SC 

| Govt willing to remove cap on appointment of lawyers as SC judges | Five-judge bench to examine if Supreme Court comes under RTI | Supreme Court panel requests Australian authority for sale of PACL properties | Unitech tells SC it does'nt have funds to refund home buyers  | Ban on registration of large diesel cars lifted, 1% environment cess imposed | Tengpora killings: Contempt proceedings against top cops stayed by SC  | States to consider life imprisonment for milk adulteration | Defamation cases cannot be filed against political opponents for criticism : SC to Jayalalithaa  | SC issues guidelines for selection of Trial Court Judges  | Tradition cannot justify Jallikattu : SC | SC directs Maharashtra government to set up a medical board to examine an alleged rape victim who wants to abort her 24-weeks-old 'abnormal' fetus.  | Salman Khan acquitted in Chinkara poaching case by Rajasthan HC  | Congress Rule in Arunachal Pradesh restored :SC | SC refers LGBT Celebs Plea against Section 377 to Constitution Bench  | SC says it will examine if Triple Talaq is violative of Fundamental Rights    | Minor in Mercedes hit and run case to be tried as adult | Ordinance signed partially over-turning SC order on NEET | Petitions challenging Constitutional validity of sections 499 and 500 IPC, dismissed by SC | No call drops compensation  | SC : Students who appeared in NEET 1 can sit in NEET 2 | Bombay High orders Adarsh Housing Society building's demolition  | SC clears common medical entrance test NEET | 2013 SC judgement on Common Medical Entrance Test recalled | Vijay Mallya directed to disclose assets by 21st April. | President Rule in Uttarakhand stayed, floor test ordered  | Photos of CM, Ministers and Governor, allowed in Govt. Ads | EPF Tax Proposal rolled back | SC asks BCCI as to why ministers need to be involved in cricket related matters | PIL for making Intelligence Agencies accountable, dismissed as getting into the domain of intellgence a threat to national security | Supreme Court tells AAP to resolve issue instead of approaching Court every time  | Wife's letter threatening divorce held to be an act of cruelty by Delhi High Court  | Army's command and exit policy upheld by Supreme Court  | SCBA president Mr. Dushyant Dave resigns  | Madras High Court Judge stays SC transfer order, plans to file FIR against SC judges | Supreme Court's decision to take up the matter relating to marriage and divorce rights of Muslim women, receives opposition from Jamiat-Ulama-i-Hind. | SC refers 377 IPC petitions to 5 judge Bench | Supreme Court recalls notice to AP's Governor, calling it a mistake and conceding that he enjoys immunity for acts done in official capacity | Passive Euthanasia, Supreme Court to hear Petitions | Supreme Court recalls its December 2015 verdict appointing retired Allahabad high court judge as UP Lokayukta, to appoint former HC judge Sanjay Misra in his place |

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  • JT 2017 (2) SC 22-02-2017
    Ex. Gnr. Laxmanram Poonia (Dead) Through Lrs. Vs. Union of India and Ors.
    SERVICE AND LABOUR LAWS Entitlement Rules for Casualty Pensionary Awards, 1982 Rule 5 - Pension Regulations for the Army, 1961, Regulation 173 - Guide to Medical Officers (Military Pensions) 2002 - Disability pension - Whether could be denied to employee suffering 60% permanent disability, becaus..
  • JT 2017 (2) SC 21-02-2017
    Manuara Khatun & Ors. Vs. Rajesh Kr. Singh &Ors.
    MOTOR VEHICLES Motor Vehicle Act, 1988 Principle of pay and recover - Applicability - Accidental death of gratuitous passengers - Award of compensation passed against owner of offending vehicle, in which they were travelling - Insurance company exonerated as deceased were gratuitous passengers - W..
  • JT 2017 (2) SC 21-02-2017
    Jayakantham & Others Vs. Abay kumar
    SPECIFIC RELIEF Specific Relief Act, 1963 Section 20(2) - Grant of Specific performance or compensation in lieu thereof - Suit for specific performance of Agreement to sell property entered into between appellant and respondent's Father, decreed - Whether instead of specific performance, decree of..
  • JT 2017 (2) SC 21-02-2017
    Satish Kumar Gupta Etc. Etc. Vs. State of Haryana &Ors. Etc.
    LAND ACQUISITION Land Acquisition Act, 1894 Section 3(b) - Post acquisition allottee – Whether is a necessary / proper party or has any locus in proceedings for determination of compensation – Land acquired by HSIDC allotted to MSIL with a condition that if compensation was enhanced, MSIL will be ..
  • JT 2017 (2) SC 20-02-2017
    Jagmal & Ors. Vs. State of Rajasthan
    CRIMINAL LAWS Penal Code, 1860 Section 302/149, 148, 452 - Free fight – Plea of private defence rejected by High Court and conviction confirmed under Section 302. Held, plea of self defence was based on FIR filed, injury report of accused person and suggestion put to prosecution witness about atta..
  • JT 2017 (2) SC 20-02-2017
    Prabhakara Adiga Vs. Gowri & Ors.
    INJUNCTION Civil Procedure Code, 1908 Section 50 - Decree of permanent injunction against judgement debtor, on basis of plaintiff's title - Whether cannot be enforced against his heirs after his death and plaintiff has to file another suit - Execution petition resisted on the ground that force of ..
  • JT 2017 (2) SC 20-02-2017
    Sk. Bhikan S/o Sk. Noor Mohd. Vs. Mehamoodabee w/o Sk. Afzal & Ors.
    PRACTICE & PROCEDURE Civil Procedure Code, 1908 Section 100 - Second appeal - Dismissal in limine due to absence of substantial question of law - Justification - Suit for partition involving issues relating to ownership, based on interpretation of documents. Held, when court is called to interpre..
  • JT 2017 (2) SC 452 17-02-2017
    Mehmooda Gulshan Vs. Javaid Hussain Mungloo
    EVICTION Jammu and Kashmir Houses and Shop Rent Control Act, 1966 Section 11(1)(h) – Whether requirement of landlady for own occupation also means occupation by her son for running a business - Whether she can be non-suited due to non-examination of her son - Appellant’s son, under-educated and u..
  • JT 2017 (2) SC 461 17-02-2017
    Jitender Arora & Ors. Vs. Sukriti Arora & Ors.
    CHILD CUSTODY Custody of child, who is a teenager and capable of taking decision - Court giving visitation rights to mother, who is in UK and right to keep the child with her during her stay in India - Enough opportunity given to mother to win child's trust, confidence and love - Child not interest..
  • JT 2017 (2) SC 333 17-02-2017
    S. Muthu Kumaran Vs. Union of India & Ors.
    SERVICE AND LABOUR LAWS Army Act Section 20(3) - Termination - Appellant admitting his involvement in fraudulent recruitment racket in confessional statement - Though officiating officer opined that no case was made out against him, General Officer Commanding (GOC) terminated his service - Justifi..
  • JT 2017 (2) SC 427 15-02-2017
    Manoranjana Sinh @ Gupta Vs. Central Bureau of Investigation
    Vide order dt. 6.2.2017, Apex Court granted bail on condition of deposit of Rs. 1 Cr. and furnishing of two securities each of like amount. Held appellant is not required to deposit said amount in cash as execution of bond would suffice. Requirement of local sureties is also relaxed...
  • JT 2017 (2) SC 428 14-02-2017
    Orissa Industrial Infrastructure Development Corporation Vs. M/s MESCO Kalinga Steel Ltd. & Ors.
    LEASE Resumption of land by IDCO and forfeiture of deposit – Challenge by Mesco on the ground that 3 month's notice for resumption of land, as required under Condition no. 18 of General terms and Conditions framed by State, was not served - Whether acceptable, when it failed to execute lease deed a..
  • JT 2017 (2) SC 405 14-02-2017
    Arjun and Anr. Etc. Etc. Vs. State of Chhattisgarh
    CRIMINAL LAWS Related witness - Murder case - Evidence of PW6, brother of deceased, found to be trustworthy and cogent. Held, fact that witness is related will not discredit his evidence. As rule of prudence court shall scrutinise the evidence with utmost care. No reason to discard evidence of PW6...
  • JT 2017 (2) SC 415 14-02-2017
    Dilip Mallick Vs. State of West Bengal
    CRIMINAL LAWS Circumstantial evidence - Appreciation of. Held facts in circumstantial evidence should be consistent only with the hypothesis of guilt of accused and circumstances should be of conclusive nature and tendency. Chain of circums-tances should be complete and in all human probability the..
  • JT 2017 (2) SC 419 13-02-2017
    Harkesh Chand Vs. Krishan Gopal Mehta & Ors.
    TENANCY The United Provinces (Temporary) Control of Rent and Eviction Act, 1947 Section 3 - The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 21 - U.P. General Clauses Act, 1904, Section 24 - Protection of tenant - Vide Notification dt. 31.3.1949 provi..
  • JT 2017 (2) SC 413 13-02-2017
    Reena Suresh Alhat Vs. State of Maharashtra & Another
    CONSTITUTION Constitution of India, 1950 Article 136 - Exercise of discretion - Local body elections - High Court dismissed writ petitions on the twin grounds of constitutional bar and existence of alternative remedy - Prayer for exercise of discretion under Article 136 to decide the questions o..
  • JT 2017 (2) SC 337 13-02-2017
    Nidhi Kaim and another Vs. State of Madhya Pradesh and others
    EDUCATION / PRACTICE & PROCEDURE Constitution of India, 1950 Article 142 - Vyapam Scam - Both Judges of former Division Bench concurred that Pre-medical examination process for the years 2008 to 2012 was vitiated, however Chelameswar, J., Presiding Judge chose to exercise powers under Article 142 ..
  • JT 2017 (2) SC 393 13-02-2017
    Vivek Singh Vs. Romani Singh
    CHILD CUSTODY Guardians and Wards Act, 1980 Section 25 read with Sections 10, 12 - Child custody - Whether can be given to mother, when report of Principal Counsellor, shows that child wants to live with father - Finding of family court that mother abandoned the child, while leaving matrimonial ..
  • JT 2017 (2) SC 295 10-02-2017
    Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust Virudhunagar Vs. Chandran & Ors.
    PROPERTY LAW Failure to describe suit property - In Suit filed for declaration and mandatory injunction, property described as part of Survey no. 188 - As per village revenue record for the year 1983, there were three divisions to Survey No. 188 [Sub-divisions 188/1, 188/2 and 188/3] - According t..
  • JT 2017 (2) SC 305 09-02-2017
    Association of Victims of Uphaar Tragedy Vs. Sushil Ansal and Another
    CRIMINAL LAW / REVIEW Penal Code, 1860 Section 304A - Uphaar tragedy case - Quantum of punishment - High Court awarded 1 year RI under Section 304A - In appeal to Apex Court, Thakur, J. upheld the sentence - However Misra, J. opined that sentence needs to be enhanced to maximum period of 2 years,..
  • JT 2017 (2) SC 277 09-02-2017
    B.K. Pavitra & Ors. Vs. Union Of India & Ors.
    SERVICE & LABOUR LAW Karnataka Determination of Seniority of the Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act, 2002 Sections 3 and 4 - Constitution of India, Articles 14 and 16(4A) - Constitution (Eighty-fifth Amendment) Act, 2001 -..
  • JT 2017 (2) SC 210 07-02-2017
    Vijay Kumar Ahluwalia & Ors. Vs. Bishan Chand Maheshwari & Anr.
    Delhi Rent Control Act, 1958 Section 25B(4) - Application for leave to defend in a proceeding under Section 14(1)e - Rejection of, by courts below, whether justified when tenant had denied ownership of respondent as also his bonafide need in the application. Held, no. Proof of ownership of alleged ..
  • JT 2017 (2) SC 231 07-02-2017
    Nidhi Vs. Ram Kripal Sharma (D) Through Lrs.
    Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 Section 21(1)(a) - Eviction - Ground of bona fide need - Whether gets extinguished on subsequent event of land-lady's marriage as held by High Court. Held, appellant was not able to accommodate ailing grant parents w..
  • JT 2017 (2) SC 238 07-02-2017
    Durga Prasad Vs. Narayan Ramchandaani (D) Thr. Lrs.
    EVICTION U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 Section 3(g) - Whether brother of deceased land-lady is a 'family member' as defined under Section 3(g). Held, no. Definition of family in Section 3(g) is an inclusive one and has to be strictly interpreted. List gi..
  • JT 2017 (2) SC 443 07-02-2017
    Mrs. X And Ors. Vs. Union Of India And Ors.
    TERMINATION OF PREGNANCY Medical Termination of Pregnancy Act, 1971 Sections 3(2)(i), 5 - Constitution of India, 1950, Article 21 - Termination of 24 weeks pregnancy - Fetus suffering from bilateral renal agenesis (absence of kidneys) and anhydramnios (absence of amniotic fluid in womb) - No treat..
  • JT 2017 (2) SC 445 07-02-2017
    Iqbal & Anr. Vs. State of Uttar Pradesh
    CRIMINAL LAWS Murder - Presence of appellants - According to appellants (two of the six accused) they were roped in only because they were friends of an accused and thus were entitled to benefit of doubt. Held, FIR was lodged promptly, which named all the six accused. Some witnesses attributed role..
  • JT 2017 (2) SC 328 06-02-2017
    Sangita Vilas Ingle Vs. State of Maharashtra & Ors.
    PRACTICE AND PROCEDURE Summary dismissal of writ on the ground that some disputed question of facts were involved. Held, writ petition is required to be considered on merit and is remanded to High Court for disposal within one year. ..
  • JT 2017 (2) SC 294 06-02-2017
    State of U.P. Vs. Puran Singh & Ors.
    SERVICE AND LABOUR LAW Impugned judgement modifying labour court's award on the ground that it erred in granting regularisation - During pendency of appeal, it was submitted that vide various schemes similarly situated workmen have been regularised - State, on considering the case of present workme..
  • JT 2017 (2) SC 155 06-02-2017
    Manoranjana Sinh @ Gupta Vs. Central Bureau of Investigation
    BAIL Constitution of India, 1950 Article 21 - Bail - grant of - Chit fund scam, affecting lakhs of depositors - Appellant in jail for 15 months - CBI's Status report not clearly indicating specific issues presently being pursued in investigation, which require appellant's further detention - Inves..
  • JT 2017 (2) SC 06-02-2017
    S.E.B.I. Vs. Sahara India Real Estate Corpn. Ltd. & Ors.
    Attachment of property - Contemnor submitting to clear the principal amount by July, 2019 - While Court directed contemnor to submit a list of properties which are free from encumbrance for auction, SEBI submitted that contemnor's property at Aamby Valley is sufficient to realise entire amount. Acco..
  • JT 2017 (2) SC 93 03-02-2017
    MGR Industries Association And Anr. Vs. State of U.P. And Ors.
    TOWNSHIP U.P. Industrial Area Development Act, 1976 Sections 2(d), 12A – Constitution of India, 1950, proviso to clause (1) of Article 243-Q - Exemption from taxation by Zila Panchayat under Section 12A, sought as area was declared as industrial township vide notification dt. 5.9.2001 in exercise ..
  • JT 2017 (2) SC 98 03-02-2017
    State of Rajasthan Vs. Fatehkaran Mehdu
    PREVENTION OF CORRUPTION / PRACTICE & PROCEDURE Prevention of Corruption Act, 1988 Section 13(1) (d) & 13(2) - Penal Code, 1860, Section 120B - Criminal Procedure Code, 1973, Section 397 - Framing of charges – Quashing of, by High Court in exercise of revisional jurisdiction - Justification - Cha..
  • JT 2017 (2) SC 330 03-02-2017
    Umesh Vs. State of Kerala
    PRACTICE AND PROCEDURE Quashing of proceeding - Refusal by High Court - Appellant not available, when proceeding against others started - His case separated - Trial Court acquitting all except one - Whether proceeding against him should be quashed. Held, it is for magistrate to consider these conte..
  • JT 2017 (2) SC 322 03-02-2017
    Pukhrajmal Sagarmal Lunkad (D) Through his L.Rs. and others etc. Vs. The Municipal Council, Jalgaon and others
    TOWN PLANNING Maharashtra Regional and Town Planning Act, 1966 Chapters V & VII, Sections 126, 127 - Reservation of land - Lapsing of - Plea of appellants that no land was acquired following procedure under Section 126 within 10 years from coming into operation of Final Development Plan on 16.12..
  • JT 2017 (2) SC 404 03-02-2017
    Anju Choudhary Vs. Akshat Choudhary
    Appeal disposed of, in terms of compromise deed. Said deed to form part of the order...
  • JT 2017 (2) SC 248 02-02-2017
    Commissioner of Customs, Mumbai Vs. M/s Aban Loyd Chiles Offshore Ltd. & Ors.
    CUSTOMS Customs Act, 1962 Sections 111, 113, 46(1) – Rig, involved in drilling operations outside territorial waters of India – Whether ceases to be a 'foreign going vessel' on entering Indian territorial waters for repairs - Whether it becomes an imported good intended for home consumption covere..
  • JT 2017 (2) SC 108 02-02-2017
    Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel & Ors.
    INVESTIGATION Criminal Procedure Code, 1973 Section 173(8) - Further investigation - Whether can be ordered by magistrate after taking cognizance and appearance of accused person, suo motu or on an application filed by complainant - No such application filed by investigating agency - Scope of Sect..
  • JT 2017 (2) SC 68 02-02-2017
    Sandeep Khanuja Vs. Atul Dande & Anr.
    MOTOR ACCIDENT COMPENSATION Motor Vehicles Act, 1988 Sections 168 and 173 - Compensation - Determination - Applicability of multiplier method - Appellant, a chartered accountant, suffered 70% permanent disability in road accident – Tribunal refused to apply mutliplier on the ground that he could s..
  • JT 2017 (2) SC 161 02-02-2017
    P. Sivanandi Vs. Rajeev Kumar & Ors.
    Annual Confidential Report (ACR) - Whether forms a part of his ‘service record’. Held, yes. Indian Police Service (Appointment by Promotion) Regulations, 1955 ACR, written after some delay - Whether could be considered for promotion - Selection committee graded appellant as Good, ignoring ACR fo..
  • JT 2017 (2) SC 165 02-02-2017
    Suresh Singhal Vs. State (Delhi Administration)
    CRIMINAL LAWS Murder - According to version given by PWs. 3 and 30, there was no scuffle before deceased was shot at, from the front. Held, their version cannot be believed as entry wound of bullet was found on deceased's back. (Para 10) Murder - Sudden fight - According to version given by PWs...
  • JT 2017 (2) SC 54 02-02-2017
    State of Himachal Pradesh & Ors. Vs. Naval Kumar alias Rohit Kumar
    COMPENSATION 100% disability suffered by 8 year old due to electrocution by a live wire - High Court awarding compensation of Rs. one crore twenty five lacs under different heads - State not challenging the finding. Held High Court's observation that as child was brilliant in his studies, he would ..
  • JT 2017 (2) SC 182 02-02-2017
    Vijay Pandurang Thakre & Ors. Vs. State of Maharashtra
    CRIMINAL LAWS Penal Code, 1860 Section 324 or 307 - Grievous injuries to 7 eye-witnesses - Conviction under Section 307 by Trial court altered to one under Section 324 by High Court - Acquittal under Section 307 attained finality - No serious challenge to conviction under Section 324. Held, convic..
  • JT 2017 (2) SC 276 01-02-2017
    Manish Sharma Vs. Director, Department of Medical Education and Research
    SERVICE AND LABOUR LAW Whether two years Post-Graduate Diploma is equivalent to prescribed qualification of a Post-Graduate Degree in Anaesthe-siology - High Court's decision in negative, challenged. Held, competent authority to examine the question in light of Recruitment and Promotion Rules...
  • JT 2017 (2) SC 49 01-02-2017
    Umarmia Alias Mamumia Vs. State of Gujarat
    CRIMINAL LAWS TADA Act Sections 20A, 15 -Bail - Refusal of, on ground of confessional statement under Section 15 and material on record, prima facie, showing commission of serious offences under TADA - Further, appellant had absconded for 10 years and there was likelihood of tampering with evidenc..
  • JT 2017 (2) SC 54 01-02-2017
    Umarmiya Ismailmiya Saiyed @ Mamumiya Panju Miya Vs. State of Gujarat
    CRIMINAL LAWS TADA Act Section 20A(1) - No prior approval of District Superintendent of Police taken before recording FIR - Whether Section 20A is mandatory. Held, yes and violation of procedure prescribed therein vitiates the entire proceeding with respect to TADA offences. On this ground, appe..
  • JT 2017 (2) SC 59 01-02-2017
    Najabhai Desurbhai Wagh Vs. Valerabhai Deganbhai Vagh & Ors.
    CRIMINAL LAWS Penal Code, 1860 Sections 302/ 149 - Murder - An unlawful assembly of 14 accused came armed with weapons and attacked appellant who had rebuked first respondent in the morning - One died and others were injured - High Court acquitting all except accused no. 10 under Section 302/149..
  • JT 2017 (2) SC 331 01-02-2017
    Bithika Mazumdar And Anr. Vs. Sagar Pal And Ors.
    PRACTICE & PROCEDURE Constitution of India, 1950 Article 227 - Limitation for filing petition - Claim petition rejected by MACT for lack of territorial jurisdiction - Review failed - Application under Article 227 after 2 years dismissed, observing that though no limitation is prescribed for filin..
  • JT 2017 (2) SC 321 31-01-2017
    Central Bank of India Vs. Husainy Fakhruddin And Others
    BANK DEPOSITS Impugned order directing bank to release deposits made by respondents - Earlier CBI had requested appellant-bank not to release deposits - Said request withdrawn. Held, in view of no objection from CBI, bank to release deposits. ..
  • JT 2017 (2) SC 318 31-01-2017
    General Manager, Apgenco Vs. P. Ram Babu & Ors.
    SERVICE AND LABOUR LAW Absorption - Denial by Appellant on the ground that mere recommendation of absorption by Committee will not lead to automatic absorption and eligibility of workmen is to be seen. Held, question is whether there is any recommendation and why was it not considered. Recommen-dat..
  • JT 2017 (2) SC 34 31-01-2017
    Mrs. Ivy C.da. Conceicao Vs. State of Goa & Ors.
    SERVICE & LABOUR LAWS Constitution of India, 1950 Article 30 - Appointment of principals of minority institutions, without following seniority, challenged - Reliance placed on T. Jose, to contend that minority institutions have the autonomy to select principal and seniority is not the only criteri..
  • JT 2017 (2) SC 1 31-01-2017
    Ajay Kumar Ghoshal Etc. Vs. State of Bihar & Anr.
    CRIMINAL LAWS Criminal Procedure Code, 1973 Section 386(b)i - Re-trial - Order of conviction set aside by High Court and matter remitted, relying upon Mina Lalita Baruwa and Nar Singh - Whether there were serious irregularities, necessitating retrial - High Court, though, pointed out certain lapse..
  • JT 2017 (2) SC 14 31-01-2017
    State of Bihar & Ors. Vs. Ramesh Prasad Verma (Dead) Thr. Lrs.
    Bihar Minor Mineral Concession Rules, 1972 Rule 26 - Vide Notification dt. 24.03.2001 rate of royalty for boulder, gravel, shingles extracted from basin of Pandai river which are used for making chips, enhanced to Rs. 100 per cubic meter - Rates were to be made effective from 1.4.2001 - Footnote of..
  • JT 2017 (2) SC 7 31-01-2017
    Jagdamba Devi Vs. Union of India and Ors.
    FREEDOM FIGHTER'S PENSION Swatantrata Sainik Samman Pension Scheme, 1980 Clause 7(b) - Freedom Fighters - Claim of being 'underground' - How to prove. Held, there are two modes. Official records proclaiming the applicant as offender, announcing an award on his head or for his arrest/detention, can..
  • JT 2017 (2) SC 274 31-01-2017
    R. Elavazhagan @ Babu Vs. Pankajam Vilwanathan & Ors.
    BAIL Cancellation of anticipatory bail and direction for custodial interrogation and further investigation by High Court, while appellant was on regular bail. Held investigation cannot be stalled. Appellant to co-operate with investigation. In case of non co-operation, bail to be cancelled...
  • JT 2017 (2) SC 273 31-01-2017
    Ishwar Yadav Patil Vs. State of Maharashtra
    CRIMINAL LAWS Murder - Conviction under Section 302/34 IPC - Motive proved, as deceased had brought to light theft committed by accused - Accused had threatened to kill him - No explanation why they had gone to deceased's field and what they were doing while bending on his dead body - Evidence of P..
  • JT 2017 (2) SC 267 31-01-2017
    State of Haryana and another etc. Vs. Mohinder Singh and others etc.
    SERVICE & LABOUR LAWS Constitution of India, 1950 Articles 309, 142 - Arrears - Determination of date of release - Vide order dt. 1.4.2013, High Court set aside statutory rules under which petitioners were engaged as unconstitutional to the extent of payment of wages and held them entitled to mini..
  • JT 2017 (2) SC 21 30-01-2017
    Asha Ram s/o Thawar Dass @ Thaumal Vs. State of Rajasthan through Chief Secretary
    BAIL Bail on medical grounds - Modification of Apex Court's order dt. 24.10.2016, rejecting bail, sought on the ground that petitioner had difficulty in controlling urine owing to a condition called ‘prostatomegaly’ diagnosed by AIIMS, Delhi - According to State, petitioner is getting treatment of ..
  • JT 2017 (2) SC 25 30-01-2017
    Saint Asha Ram Vs. State of Rajasthan
    BAIL Criminal Procedure Code Section 439 - Grant of bail - Rape charges - Unnecessary prolongation of trial - Only one prosecution witness, I.O., recalled 104 times for cross-examination - Lady Investigating Officer threatened by a hired assassin - Several attacks made on witnesses, during the per..
  • JT 2017 (2) SC 319 30-01-2017
    Meghashyam Sadashivrao Vadhave Vs. State of Maharashtra And Ors
    SERVICE AND LABOUR LAW State Govt. directed to pay Rs.3 Lacs to non-applicant workman in full and final settlement of entire claim. No extension of time to be given...
  • JT 2017 (2) SC 327 30-01-2017
    State of U.P. Vs. Ayodhya Prasad Pal & Ors.
    PRACTICE AND PROCEDURE State deprived of opportunity to file counter affidavit - Its impleadment at the stage of passing final order, mere formality. Held, impugned order of High Court, issuing directions to State, set aside. Matter remitted. State to be impleaded and given time to file counter aff..