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SBS Biotech VS State of Himachal Pradesh
Seizure of drugs for violation of legal provisions – A genuine complaint cannot be quashed without trial.
Drugs and Cosmetics Act, 1940 – Sections 27(d) and 28-A read with Rules 74 and 22(l)(cca) and 18-B – Seizure of drugs – Violation of legal provisions – Cognizance of offence – Every person holding license is required to keep and maintain such records, register and other documents as may be prescribed and shall furnish to officer or authority exercising power under the Act – When allegations are le...
Sriganesh Chandrasekaran VS Unishire Homes LLP
Joint Development Agreement (JDA) – Delay in handing over possession of flats – Landowners are jointly responsible with developer to ensure transfer of title to appellants – For lapse on part of devel....
Consumer Protection Act, 2019 – Section 67 – Real estate – Joint Development Agreement (JDA) – Delay in handing over possession of flats – Developer directed by National Commission to complete construction of flats allotted to appellants, obtain occupancy certificate, and handover possession of flats within three months – Developer further directed to pay 6% interest on amount deposited by appella...
Neelu @ Nilesh Koshti VS State Of Madhya Pradesh
(1) Circumstantial evidence – In cases based on circumstantial evidence, motive is not an absolute necessity when chain of circumstances is otherwise complete and points conclusively to guilt of accus....
(A) Indian Penal Code, 1860 – Sections 302 and 201 – Murder and disappearance of evidence – Life imprisonment – Circumstantial evidence – Deceased lady fell victim for a plot of kidnapping for getting ransom from her husband – When conviction is solely based on circumstantial evidence, there should be no breakage in chain of circumstances, leading to culpability of accused, within all human probab...
PRIYANKA KUMARI AND ORS. vs THE STATE OF BIHAR AND ORS.
Keywords: termination, employment, validity, degrees, reinstatement, prospective overruling, ultra vires, service record, legitimate qualifications, education
Termination of employment based on degrees from a University declared invalid was unlawful; the court upheld the legitimacy of prior qualifications.
(A) Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 - Legality of degrees obtained from universities established under statute declared ultra vires - Termination of services of librarians appointed based on such degrees challenged - Supreme Court holds that individuals should not be deprived of earned degrees due to invalidation of university status. (Paras 5, 18) (B) Employment Law - Principl...
Gudipalli Siddhartha Reddy VS State C. B. I.
Keywords: Abetment, Poisoning, Suicide Pact, Strangulation, Expert Opinion, Medical Evidence, DNA Analysis, Circumstantial Evidence, Conviction, Legal Culpability
The court ruled that the accused was guilty of abetment of suicide due to purchasing poison, finding no evidence of manual strangulation or sexual assault, establishing death by organophosphate poison....
(A) Indian Penal Code, 1860 - Sections 306 and 309 - Crime of abetment of suicide - Appellant-Accused was convicted for aiding suicide by purchasing poison for the deceased; evidence indicated that both sought to end their lives together - No indication of manual strangulation or sexual assault against the Appellant-Accused as multiple medical opinions concluded death by organophosphate poisoning ...
Dinesh Kumar VS State of Haryana
Keywords: nepotism, housing allotment, HEWO, favoritism, transparency, fiduciary duty, Article 226, government involvement, arbitrary power, eligibility criteria
Fairness and accountability are essential in the allotment processes of private societies, ensuring no favoritism or bias in decisions affecting members.
(A) Societies Registration Act, 1860 - Allotment of housing facilities - Nepotism and favoritism in the allotment process - HEWO is not a state entity under Article 12, despite government involvement. (Paras 2, 4, 5) (B) Article 226 of the Constitution - Challenge against the arbitrary exercise of power by private societies and issues related to transparency and fairness in allotments. (Paras 4, 5...
Parameshwari VS State of Tamil Nadu
Keywords: deterrence, proportionality, sympathy, compensation, gravity, public confidence, justice, conviction, crimes, punishment
Sentencing must reflect the gravity of the crime, ensuring adequate deterrence while avoiding undue sympathy and maintaining public confidence in justice.
(A) Indian Penal Code, 1860 - Sections 307, 324, and 326 - Challenge to modification of sentence for grievous injuries - High Court reduced sentence from three years to already undergone two months, error noted by Supreme Court for lack of cogent reasoning. (Paras 18, 19, 37) (B) Sentencing principles - Court emphasized deterring effect of punishments and highlighted the need for proportionality i...
Rakesh Mittal VS Ajay Pal Gupta @ Sonu Chaudhary
Keywords: bail, criminal antecedents, cheating, forgery, public safety, habitual offender, judicial caution, FIR, investment fraud, court order
Grant of bail – Challenge as to – Value of life and liberty of members of society is not limited only to their ‘person’ but would also extend to quality of their life, including their economic well-be....
Criminal Procedure Code, 1973 – Section 439(2) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483(3) – Grant of bail – Challenge as to – This is not a case of cancellation of bail but a challenge to validity of an order granting bail – Even in cases of cancellation of bail, power to do so is not just limited to occurrence of supervening circumstances as Cou...
Rohit Jangde VS State of Chhattisgarh
Keywords: murder, circumstantial evidence, benefit of doubt, investigation flaws, DNA evidence, last seen theory, guilt, conviction, acquittal, reasonable doubt
Murder – Evidence under Section 8 of Indian Evidence Act, 1872 can only offer corroboration and cannot by itself result in conviction.
Indian Penal Code, 1860 – Section 302 – Indian Evidence Act, 1872 – Sections 27 and 8 – Murder of step-daughter – Conviction and sentence – Circumstantial evidence – Last seen together theory – What has been established beyond doubt is only death of child whose vertebrae and teeth, recovered from a canal, matched with DNA profiles obtained from sampl...
BADARAVADA VENUGOPAL @ BABA KHATARNAK vs UNION OF INDIA
Keywords: petition, Ganga, sewage, authorities, dismissed, article 32, hearing, argument, disposal, environment
A petitioner must seek resolution from statutory authorities prior to approaching higher courts.
The petitioner, under Article 32, seeks to prevent untreated sewage from entering the Ganga. The court advises the petitioner to first approach relevant authorities for issue redressal before turning to the High Court. The application to argue in person is allowed. The Writ Petition stands disposed of.
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Failed ₹30 Crore Settlement Triggers Rape FIR: Supreme Court Grants Anticipatory Bail, Sets Aside Kerala HC Denial
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