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State of Rajasthan Vs Ashok Kumar Kashyap

Supreme - 13/04/2021
(A) Code of Criminal Procedure, 1973, Section 227, Section 228, Section 239 - Discharge - Framing of charge - When accused shall be discharged (B) Prevention of Corruption Act, 1947, Section 7 - Accused person to be competent witness 6.1 It is submitted that the High Court has failed to appreciate that at the stage of framing of charge and/or consideration of an application for discharge, the Court is to consider whether there is any prima facie case made out against the accused or not and at that stage the Court is required to evaluate the material and documents relied on by the prosecution only with a view to find out whether the facts emerging therefrom, if taken at their face value, disclose the existence of all the ingredients constituting the alleged offence or not. 6.2 It is submitted that in the present case the High Court has committed a grave error in evaluating the transcript/evidence on merits which at the stage of considering the application for discharge is not permissible. 6.3 It is further submitted by the learned Advocate appearing on behalf of the State that in the present case even otherwise from the transcript recording the conversation between the complainant and the accused a case of demand of illegal gratification has been made out. In view of the above and for the reasons stated above, the impugned judgment and order passed by the High Court discharging the accused under Section 7 of the PC Act is unsustainable in law and the same deserves to be quashed and set aside and is accordingly hereby quashed and set aside and the order passed by the learned Special Judge framing charge against the accused under Section 7 of the PC Act is hereby restored. Now the case is to be tried against the accused by the competent court for the offence under Section 7 of the PC Act, in accordance with law and its own merits.

JUSTICE V. ESWARAIAH (RETD.) Vs UNION OF INDIA & ORS.

Supreme - 12/04/2021


A.R. MADANA GOPAL ETC.ETC. Vs M/S RAMNATH PUBLICATIONS PVT. LTD. AND ANR.

Supreme - 09/04/2021
(A) Income Tax Act, 1961, Section 230-A, Section 230-A, Section 230-A, Section 230-A - (B) Specific Relief Act, 1963, Section 10-A

Central Coalfields Limited Through its Chairman and Managing Director & Ors. Vs Smt. Parden Oraon

Supreme - 09/04/2021


M.C. MEHTA Vs UNION OF INDIA & ORS.

Supreme - 09/04/2021


RAM KISHAN Vs STATE OF RAJASTHAN & ORS.

Supreme - 09/04/2021
(A) Code of Criminal Procedure, 1973, Section 482, Section 173 - Saving of inherent powers of High Court - Report of police officer on completion of Investigation (B) Indian Penal Code, 1860, Section 332, Section 353 - Voluntarily causing hurt to deter public servant from his duty. - Assault or criminal force to deter public servant from discharge of his duty Briefly stated, the facts of this case are that the appellant, who is a Police Constable, along with a Sub Inspector of Police and another Constable, were checking the vehicles passing by on the road in the evening on 21.07.2006, when at about 09:15 pm, one motorcycle was stopped, and when the rider (Deepak Gupta) was asked about the papers of the vehicle, instead of showing the papers, on the pretext of talking over mobile phone, he fled away and returned after about 20 minutes along with two ladies in one Maruti Car, one of whom was the respondent no.3Ms. Ratna Gupta and the other was respondent no.2Ms. Usha Gupta. the matter has been pending for about a decade and a half, we direct that the investigation be concluded as expeditiously as possible. With the aforesaid observations, this appeal stands allowed.

Sudesh Kedia Vs Union of India

Supreme - 09/04/2021
(A) Code of Criminal Procedure, 1973, Section 164 - Recording of confessions and statements (B) Indian Penal Code, 1860, Section 120B, Section 386, Section 414, Section 384, Section 387 - Punishment of criminal conspiracy - Extortion by putting a person in fear of death or of grievous hurt - Assisting in concealment of stolen property - Punishment for extortion - Putting person in fear of death or of grievous hurt in order to commit extortion (C) Arms Act, 1959, Section 35, Section 26, Section 25(1B)(a) - Criminal responsibility of persons in occupation of premises incertain cases - Secret contraventions - Punishment for certain offences (D) Unlawful Activities (Prevention) Act, 1967, Section 21, Section 18, Section 17, Section 43-D(5) - Punishment for holding proceeds of terrorism - Punishment for conspiracy, etc.. - Punishment for raising fund for terrorist act (E) National Investigation Agency Act, 2008, Section 6, Section 8

M/S UTKAL SUPPLIERS Vs M/S MAA KANAK DURGA ENTERPRISES & ORS.

Supreme - 09/04/2021
(A) Orissa Shops and Commercial Establishments Act, 1956, Section 4

M/s Acquainted Realtors LLP etc. etc. Vs State of Haryana & Others

Supreme - 08/04/2021
(A) Land Acquisition Act, 1894, Section 4, Section 6 - Publication of preliminary notification and powers of officers thereupon. - Declaration that land is required for a public purpose

VED & ANR. Vs STATE OF HARYANA & ANR.

Supreme - 08/04/2021
(A) Land Acquisition Act, 1894, Section 4, Section 6,Section 17(2)(c)-- Publication of preliminary notification and powers of officers thereupon. Declaration that land is required for a public purpose - Special powers In cases of urgency - whereas the appeals of the landowners for further enhancement and cross-objections for enhancement which are filed are dismissed and the awards passed by the Reference Courts are, accordingly, modified. (i) The market value of the land falling in two villages, namely, Naurangpur and Lakhnoula is assessed @ Rs.48,46,000/- per acre alongwith all statutory benefits on 17.09.2004. (ii) For the land falling in villages Nawada Fatehpur, Naharpur Kasan and Shikohpur, the market value is fixed @ Rs.43,61,400/- per acre along with all statutory benefits on 17.09.2004. (iii) The directions of the Apex Court in the case of Pran Sukh, (2010) 11 SCC 175 (supra) will also be adhered to while disbursing the balance amount of compensation. (iv) Where appeals have been filed by the land owners which were beyond period of limitation and applications have been filed for condoning the delay with a condition that the land owners will not be entitled for the interest during the said period, the Executive Court shall ensure that the amounts are calculated and disbursed, keeping in the view the said condition which have been passed in the case of each individual land owner.It is true that the process of determining the value by annual increase was considered as one of the alternatives in Wazir and Another vs. State of Haryana, (2019) 13 SCC 101. But in that case, three methods including one relating to cumulative annual increase were considered and that method which led to the highest valuation was adopted. But the law laid down in ONGC Ltd., (2008) 14 SCC 745 is quite clear. In case we go by the method of cumulative annual increase it would mean that cumulative increase over the valuation in Wazir and Another vs. State of Haryana, (2019) 13 SCC 101 must displace the valuation based on Sale Deed, which is normally the safest method. In the circumstances, the decision of the High Court which is presently under appeal calls for no interference and these appeals are dismissed without any order as to costs.

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Amol S/o Marotirao Talwadkar Vs The State of Maharashtra

Bombay - 09/04/2021
(A) Code of Criminal Procedure, 1973, Section 482 - Saving of inherent powers of High Court (B) Indian Penal Code, 1860, Section 506, Section 353, Section 504 - Punishment for criminal ,intimidation - Assault or criminal force to deter public servant from discharge of his duty - Intentional insult with intent to provoke breach of the peace

Jayantilal Himmatlal Oswal Vs The State of Maharashtra

Bombay - 09/04/2021
(A) Maharashtra Regional and Town Planning Act, 1966, Section 154, Section 127, Section 127(1) - Control by State Government - Lapsing of reservations 1 of 1894 - Lapsing of reservations 1 of 1894

Shri Shripad Bhaskar Bhagwat Vs Smt. Mangal Madhukar Jogalekar & Ors.

Bombay - 08/04/2021
(A) Maharashtra Rent Control Act, 1999, Section 16(2) - When landlord may recover possession

Shri Vijaysing Ajabsing Patil Vs Research Officer/ Member Secretary

Bombay - 08/04/2021
(A) Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, Rule 13(2)(b)

Sayyed Hinabanu Sharfoddin Vs State of Maharashtra

Bombay - 07/04/2021


Sunesh Sudhakar Rele Vs Seema Sunesh Rele

Bombay - 07/04/2021
(A) Special Marriage Act, 1954, Section 27(d) - Divorce

Vijay Narendra Kumar Kothari Vs 1 Directorate of Enforcement

Bombay - 07/04/2021
(A) Indian Penal Code, 1860, Section 120B, Section 420, Section 468, Section 467, Section 465 - (B) Prevention of Money Laundering Act, 2002, Section 3, Section 4, Section 2(1)(u)

Gulabrao Tuljaram Mandge Vs The Additional Commissioner

Bombay - 06/04/2021
(A) Evidence Act, 1872, Section 35, Section 114 - Relevancy of entry in public record, made in performance of duty - Court may presume existence of certain facts (B) Registration of Births and Deaths Act, 1969, Section 15, Section 10, Section 11, Section 7 - (C) Maharashtra Village Panchayat Act, 1959, Section 16, Section 14(1), Section 16(2), Section 14(1)(j-1)

Madhuri Dattprasad Pitre Vs Govind Janardan Pitre

Bombay - 06/04/2021
(A) Bombay High Court (Original Side) Rules, 1980, Rule 422, Rule 422(a)(ii)

Mr. Sanjay G.Gharat Vs Kalyan Dombivali Municipal

Bombay - 06/04/2021
(A) Constitution of India, Article 226 - Power of High Courts to Issue certain writs (B) Prevention of Corruption Act, 1988, Section 8, Section 7, Section 13(2), Section 13(1)(d) - (C) Maharashtra Municipal Corporations Act, 1949, Section 45, Section 54, Section 45(3), Section 39A, Section 39A(2) - (D) Maharashtra General Clauses Act, 1904, Section 16

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