Criminal Appeal – Conviction under Section 302 IPC – Circumstantial evidence – Accused accused of killing her newborn child – Appeal against the judgment of the High Court of Chhattisgarh – Questions of privacy and rights of the accused to explain incriminating circumstances under Section 313 of the CrPC addressed – Conviction based on circumstantial evidence. [Para 1-6]

Criminal Appeal – Right to Privacy – Conviction under Section 302 IPC – Importance of due appreciation of evidence in awarding life imprisonment – Court's duty to re-appreciate evidence – Privacy as a fundamental right, particularly in matters concerning women's bodily and psychological integrity – Right to make autonomous decisions about reproduction – Reiteration of the right to choose a partner and decisions regarding pregnancy – Privacy as an essential aspect of human dignity and autonomy – Right to terminate pregnancy within the framework of law deduced from the right to privacy, dignity, and bodily integrity – Principles governing statements under Section 313 Cr.P.C. – The purpose of Section 313 to enable the accused to explain circumstances against them – Principles of natural justice and audi alteram partem – Accused's right to remain silent – Statement not a substantive piece of evidence – Reduction of prosecution's burden of proof – Inculpatory aspects may lend credence to the prosecution's case – Circumstances not put to the accused excluded from consideration – Court's obligation to put all incriminating circumstances to the accused – Non-compliance may cause prejudice to the accused. [Para 7-34]

Criminal Appeal – Conviction based on circumstantial evidence – Heavy burden on prosecution to prove guilt beyond reasonable doubt – Absence of conclusive proof of relationship between the accused and the deceased child – Incomplete and inconsistent evidence – Doctor's statement silent on crucial details – Conviction based on mere presumption – Lack of cogent reasons for life imprisonment – Conviction quashed and set aside – Accused acquitted of all charges – Appeal allowed. [Para 35-47]

Criminal Appeal - Conviction and Sentence - Accused convicted for rape and murder of a 3-month-old girl child - High-speed trial conducted without providing sufficient time for the accused's defense - Violation of principles of a fair trial - Conviction and sentence set aside - Matter remitted for a de novo trial with proper defense opportunity. [Para 2-22]

Evidentiary Value of DNA Report - DNA evidence must be properly documented, collected, packaged, and preserved - Contamination issues must be addressed to maintain admissibility - Reliability of DNA profiling techniques essential - Challenged DNA, FSL, and Viscera reports not sufficiently questioned during the hurried trial. [Para 18-21]

Principle of Fair Trial - Importance of a fair trial in the criminal justice system - Violation of fair trial principles due to a rushed trial - Deprivation of adequate defense opportunity - Hasty trial criticized - Sanctity of justice emphasized. [Para 8-17]

Judicial Calm - The concept of judicial calm in ensuring a fair trial - A judge's duty to provide a tranquil and deliberate atmosphere in court - The importance of measured deliberation and protection of rights. [Para 17]

Norms for Appointing Amicus Curiae - Criteria for appointing Amicus Curiae, especially in cases involving life or death sentences - Senior advocates preferred - Reasonable time for preparation - Meetings and discussions with the accused allowed. [Para 31]

Tenant-Landlord Dispute – Non-payment of Rent – Appellants (landlords) filed suit for eviction of respondent (tenant) for non-payment of rent – Respondent tenant stopped paying rent from February 2005 – Eviction notice served in October 2013. [Para 1]

West Bengal Premises Tenancy Act, 1997 – Respondent filed an application under Sections 7(1) and 7(2) – Application rejected by Trial Court for being filed after a delay of ten months, beyond the statutory period of one month – No application filed under Section 5 of the Limitation Act, 1963. [Para 2-3]

High Court’s Intervention – Set aside the Trial Court’s judgment – Granted liberty to respondent to file an application under Section 5 of the Limitation Act, 1963 – Directed the Trial Court to dispose of the application, if filed, within a stipulated period. [Para 4-5]

Grounds for Delay – Respondent cited ill-advice from his advocate for his failure to deposit arrears – High Court directed Trial Court to consider this when disposing of the application under Section 5 of the Limitation Act. [Para 5]

Statutory Provisions – Discussion of relevant sections of West Bengal Premises Tenancy Act, 1997, and Limitation Act, 1963 – Section 7 of the said Act allows for protection against eviction if arrears and monthly rent are deposited under specified conditions. [Para 7-11]

Interplay between Limitation Act and State Act – Appellants argued that the general provisions of the Limitation Act, 1963 could not override the specific limitations stated in the West Bengal Premises Tenancy Act, 1997 – Reliance placed on previous judgments. [Para 12-16]

Legal Precedents – A Two-Judge Bench ruling cited by appellants states that Section 5 of the Limitation Act, 1963 does not apply in instances like this – Respondent cited a Three-Judge Bench ruling but conceded that the ruling had been referred to in the Two-Judge Bench case. [Para 13-15]

Decision – Supreme Court upheld the application of specific timelines set forth in the West Bengal Premises Tenancy Act, 1997 – Section 5 of the Limitation Act, 1963 not applicable to expand these timelines – Tenant must comply with statutory timelines to seek protection under the State Act. [Para 16]

Criminal Appeal – Conviction under Section 302 IPC – Appellant convicted of life imprisonment for setting the deceased on fire – Multiple dying declarations by the deceased – Trial Court found them consistent and credible – High Court upheld the conviction and rejected the appeal. [Para 1-7]

Criminal Appeal – Conviction based on multiple dying declarations – Scrutiny of the evidentiary value of dying declarations –

Examination of principles related to dying declarations laid down by previous court decisions. [Para 8-12]

Reliability of Dying Declarations – Principles to consider when dealing with multiple dying declarations:

• Dying declarations must be voluntary, reliable, and made by a person in a fit state of mind.

• Consistency among multiple dying declarations is crucial; material inconsistencies may affect credibility.

• Other evidence may be considered for corroboration when inconsistencies exist.

• Dying declarations must be examined in the context of surrounding facts and circumstances.

• Each declaration should be scrutinized independently.

• Declarations recorded by higher authorities can be relied upon if free from suspicion.

• The mental and physical condition of the deceased is essential.                  [Para 9]                                                                                                                     

Impact of burn injuries on the credibility of dying declarations – No strict rule based on the percentage of burns; it depends on various factors, including the nature and location of burns and their effect on mental faculties. [Para 10-12]

Examination of specific dying declarations (DD-I, DD-II, DD-III, DD-IV) – Concerns regarding hearsay, interested witnesses, and inconsistencies in the statements. [Para 13-27]

Evaluation of the evidence – Questions raised about the investigation, identification of the accused, and gaps in the prosecution’s case. [Para 28-34]

Decision – Appeal allowed, and bail granted to the convict-appellant is confirmed. [Para 35-36]

Insolvency and Bankruptcy Code – Application filed by the State Bank of India as a financial creditor against Totem Infrastructures Limited, a corporate debtor, for default in repaying financial facilities – Total claim of Rs. 613,27,01,598.23 – Proceedings initiated before the National Company Law Tribunal (NCLT) – Appellant, the managing director of the corporate debtor, appealed against the NCLT's decision – Main grounds of appeal include limitation and the validity of the RBI circular dated 12.02.2018 – NCLAT upheld the NCLT's decision – Appellant's pleas primarily based on procedural grounds – Appellant's challenge to the RBI circular and limitation – NCLAT's observations on the need for the Adjudicating Authority to disclose its reasoning – NCLAT's conclusion on the maintainability of the application – Appeal dismissed. [Para 1-5]

Limitation Act - Application of Limitation Act in insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) - Determination of the starting point for the limitation period - Examination of whether a letter acknowledging debt can extend the limitation period in an ongoing insolvency proceeding - Distinguishing between acknowledgment under Section 18 of the Limitation Act and a promise within the meaning of Section 25 of the Contract Act - Clarification that a promise to pay can only extend the limitation period when clear and unconditional - Emphasis on the requirement of specific pleading on facts constituting acknowledgment or admission of claim. [Para 7-9]

Date of Default - Treatment of the date of default as the starting point for the limitation period in insolvency proceedings - Comparison with previous judgments regarding the date of default - Analysis of the effect of a recovery certificate as a deemed decree - Clarification of the time limit for initiating Corporate Insolvency Resolution Process (CIRP) based on a recovery certificate - Determination that a recovery certificate retains the character of a decree to lodge a claim in an IBC proceeding - Segregation of claims based on different recovery certificates when necessary. [Para 10-16]

Doctrine of Election - Examination of the doctrine of election in the context of banks approaching Debt Recovery Tribunal (DRT) and the National Company Law Tribunal (NCLT) for recovery of debts - Clarification that the doctrine of election does not apply to prevent financial creditors from approaching the NCLT for initiation of CIRP - Recognition that the reliefs under the Debt Recovery Act and the IBC are different, and the choice between them depends on various factors, including the issuance of a recovery certificate. [Para 11]

Application of Limitation Act - Application of Article 137 of the Limitation Act for computing the limitation period for filing an application under Section 7 of the IBC - Acknowledgment of the authority that time for computing limitation for filing an application under Section 7 of the IBC is guided by Article 137 - Analysis of the provision of Section 19(22A) of the Debt Recovery Act, which deems a recovery certificate as a decree or order of the court - Clarification that the character of a recovery certificate as a deemed decree extends to lodging a claim in an IBC proceeding - Direction to segregate claims based on different recovery certificates if necessary. [Para 14-16]

Dismissal of Appeal - Dismissal of the appeal with observations and directions, including the dissolution of interim orders and disposal of pending applications - No order as to costs [Para 16-18]

Medical Negligence – Allegations of medical negligence against a hospital and doctors – Patient undergoing neurosurgery suffers cardiac arrest and dies – Complaint filed by the wife of the deceased – Allegations mainly pertain to lack of post-operative care and failure to shift the patient to the Intensive Care Unit (ICU) – Hospital and doctors contend that post-operative care was provided as per standard procedure, and symptoms exhibited by the patient did not suggest a cardiac arrest – Affidavit from a neurosurgery professor opines that the complications were unrelated to the surgery – No history of diabetes, hypertension, or cardiac problems in the patient – Court finds that the appellant failed to establish negligence in post-operative care – Principles of Res Ipsa Loquitor not applicable – Appeal dismissed. [Para 22-34]

Administrative Law – Writ Petition under Article 32 of the Constitution – Challenge to UPSC's decision not to include petitioner for personality test – Allegation of submitting Income and Asset Certificate after the closing date of online application – Personality test ongoing – Notice issued, Dasti service permitted – Results to be kept in a sealed cover – UPSC directed to ensure compliance with the order – Listed for further hearing on 20th November, 2023. [Para 1-8]

Civil Petition – Challenge to the constitutionality of designating Advocates as Senior Advocates – Allegations of creating a privileged class of Advocates – Violation of equality, Right to Practice, and Right to Life – Petitioner claims the system is monopolized by a select few – Reckless allegations against various members of the legal profession. [Para 1-14]

Constitutional Validity – Classification of Advocates as Senior Advocates and other Advocates under the Advocates Act, 1961 – Challenge under Article 14 – Presumption of constitutionality – Burden on petitioners to show a clear transgression of constitutional principles – Classification based on merit and expertise – No violation found. [Para 15-20]

Role of Senior Advocates – Recognition of merit by the Court – Presumption that the legislature understands and appreciates the needs of the people – No clear transgression of constitutional principles – Writ petition dismissed. [Para 20-22]

Service Law - Employment – Disqualification based on color blindness – Appellant's challenge to the denial of candidature as Assistant Engineer (Electrical) by TANGEDCO – Examination of relevant facts and legal principles – Special leave granted. [Para 1-6]

Employment - Color Vision Deficiency - Suitability for the position of Assistant Engineer (AE) in TANGEDCO - Appellant's color vision deficiency discovered after selection - Appellant is a graduate in electrical engineering with practical experience - TANGEDCO's argument that the appellant is not a person with benchmark disability under the Rights of Persons with Disabilities Act, 2016 - Examination of the principle of reasonable accommodation - Duty of the employer to accommodate persons with disabilities without imposing a disproportionate or undue burden - Appellant offered the position of Junior Assistant, which is inconsistent with his qualifications - Appellant's refusal of the offered position justified - TANGEDCO's organizational structure and possibilities for accommodating the appellant in departments that do not require intense engagement with color - Direction to appoint and continue the appellant as AE (Electrical) with appropriate responsibilities - Entitlement to 50% of full arrears of salary and allowances with full service continuity - Impugned judgment set aside. [Para 17-28]