(1)
BHARATH BOOSHAN AGGARWAL .....Appellant Vs.
STATE OF KERALA .....Respondent D.D
06/10/2021
SUPREME COURT OF INDIA
Illegal Possession of Sandalwood Oil – Presumption of Culpability – The Supreme Court held that the Kerala Forest Act's presumption of culpability under Section 27 requires the prosecution to prove that the accused knowingly possessed forest produce illicitly removed from a reserved forest. The High Court erred in holding that mere possession automatically implies culpable mental s...
(2)
UNION OF INDIA AND OTHERS .....Appellant Vs.
METHU MEDA .....Respondent D.D
06/10/2021
SUPREME COURT OF INDIA
Service Law – Employment in Police Force – Criminal Antecedents – The Supreme Court held that a person acquitted of charges involving moral turpitude or where witnesses turn hostile does not automatically entitle them to employment in a disciplined force like CISF. The employer has the right to consider the nature of the acquittal and criminal antecedents under the guidelines iss...
(3)
THE STATE OF UTTAR PRADESH AND OTHERS .....Appellant Vs.
PREMLATA .....Respondent D.D
05/10/2021
SUPREME COURT OF INDIA
Compassionate Appointment – Interpretation of Rule 5 – Suitable Post – The Supreme Court held that a dependent/applicant cannot seek appointment on a higher post than what was held by the deceased employee merely based on eligibility criteria. The Court emphasized that 'suitable post' under Rule 5 must be linked to the post held by the deceased employee, and the purpose o...
(4)
M/S PREM COTTEX .....Appellant Vs.
UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND OTHERS .....Respondent D.D
05/10/2021
SUPREME COURT OF INDIA
Electricity Dues – Limitation Period under Section 56 – Recovery and Disconnection – The Supreme Court held that the negligence on the part of the licensee leading to short billing initially, followed by rectification, does not fall under the negligence covered by Section 56(1). Consequently, claims made by the licensee after detecting their mistake may not fall within the prohib...
(5)
SHRACHI BURDWAN DEVELOPERS PRIVATE LIMITED .....Appellant Vs.
THE STATE OF WEST BENGAL AND OTHERS .....Respondent D.D
05/10/2021
SUPREME COURT OF INDIA
Locus Standi of Interested Party – Section 3(b) of Land Acquisition Act – The Supreme Court held that the appellant, Shrachi Burdwan Developers Private Limited, can be considered a 'person interested' under Section 3(b) if it is established that the appellant has a direct interest in the compensation awarded. The Court emphasized that the determination of 'person interested...
(6)
GEO VARGHESE .....Appellant Vs.
THE STATE OF RAJASTHAN AND ANOTHER .....Respondent D.D
05/10/2021
SUPREME COURT OF INDIA
Abetment of Suicide – Section 306 IPC – Mens Rea and Instigation – The Supreme Court held that a teacher reprimanding a student for indiscipline, which is part of the teacher’s duty, does not constitute abetment of suicide unless there is clear mens rea to instigate the suicide. In this case, the appellant acted within his duties without any intention to provoke the student...
(7)
SHAIKH ANSAR AHMAD MD. HUSAIN .....Appellant Vs.
THE STATE OF MAHARASHTRA AND OTHERS .....Respondent D.D
05/10/2021
SUPREME COURT OF INDIA
Misappropriation of Government Funds – Initiation of Criminal Proceedings – The Supreme Court addressed the High Court’s direction for criminal proceedings against officers and office bearers for misappropriation of funds under a housing scheme. The High Court had ordered steps to be taken based on reports of mismanagement and irregularities. The appellants contended that they we...
(8)
PRABHAGIYA VAN ADHIKARI AWADH VAN PRABHAG .....Appellant Vs.
ARUN KUMAR BHARDWAJ (DEAD) THROUGH LRS. AND OTHERS .....Respondent D.D
05/10/2021
SUPREME COURT OF INDIA
Declaration of Land as Forest Area – Validity of Revenue Entries – The Supreme Court held that entries in the revenue record without any supporting documents of creation of lease under the Forest Act are inconsequential and do not create any right, title, or interest over the land. The land vests in the Forest Department by virtue of notification published under the statute. The lessee...
(9)
DIPALI BISWAS AND OTHERS .....Appellant Vs.
NIRMALENDU MUKHERJEE AND OTHERS .....Respondent D.D
05/10/2021
SUPREME COURT OF INDIA
Execution of Money Decree – Compliance with Order XXI Rule 64 – The Supreme Court held that Order XXI Rule 64 mandates the executing court to sell only as much property as is necessary to satisfy the decree. Failure to adhere to this requirement constitutes a jurisdictional error. The appellant's repeated objections to the method of execution and the inclusion of the entire propert...