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Supreme Court Enhances Sentence in House Trespass and Grievous Hurt Case Due to Inadequate Sentencing by High Court. The Court held that sentencing must be based on crime test, criminal test, and comparative proportionality test, and set aside the High Court's reduction of sentence to 4 days without proper reasoning....

The State of Madhya Pradesh appealed against the High Court's order reducing the sentence of the respondents-accused (Udham and others) to the period already undergone (4 days) for offences under Sect...

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Supreme Court Upholds Conviction in Cheque Dishonour Case but Reduces Fine Amount. The Court held that the drawer of a cheque from a firm account is liable under Section 138 NI Act if he signs the cheque and fails to rebut the presumption under Section 139, but the fine should be proportionate to the cheque amount....

The appeal arose from a judgment of the Bombay High Court, Nagpur Bench, which reversed the acquittal of the appellant under Section 138 of the Negotiable Instruments Act, 1881, and convicted him, imp...

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Supreme Court Dismisses Appeal by Stressed Assets Stabilization Fund Against Lease Forfeiture by West Bengal Small Industries Development Corporation. Mortgagee Cannot Claim Rights Superior to Lessee When Lease Has Been Validly Terminated....

The appeal arose from a judgment of the Calcutta High Court which dismissed the appeal of the Stressed Assets Stabilization Fund (SASF) against an order allowing the application of West Bengal Small I...

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Supreme Court Upholds Discharge of Accused in Abetment to Suicide Case — Calling a Woman 'Call-Girl' Does Not Constitute Instigation Under Section 306 IPC. The court held that abusive words without intent to cause suicide do not amount to abetment, and the suicide was not proximate to the incident....

The State of West Bengal appealed against the High Court's order discharging the respondents-accused from the charge under Section 306 read with Section 34 of the Indian Penal Code (IPC). The victim, ...

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Supreme Court Dismisses Appeal in Partnership Dispute — Decree Against Deceased Partner Not Executable Against Legal Representatives. Partnership Dissolved on Death of Partner Under Section 42(c) of Partnership Act, 1932, and Legal Representatives Not Bound by Decree....

The case arises from a partnership deed dated 14.04.1982 between late Sri Jai Narayan Misra and late Smt. Hashmatunnisa Begum for real estate development of land in Paigah Compound, Hyderabad. The par...

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Supreme Court Upholds Slum Rehabilitation Authority's Declaration and Clearance Orders for Entire Area Including Undeclared Land. Prior Notification Under Section 4 of Maharashtra Slums Areas Act Not Required Before Proceedings Under Chapter I-A....

The Supreme Court dismissed the appeal filed by the occupants (appellants) challenging the declaration of 5168.50 sq. mts. in Survey Nos. 27 and 28 at Ramwadi Wadgoan Sheri, Pune as a Slum Rehabilitat...

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Supreme Court Dismisses State's Appeal in Arbitration Dispute Over Illegal Termination of Consultancy Contract. Termination of contract without following due procedure under General Conditions of Contract held illegal; concurrent findings of fact not interfered with under Sections 34 and 37 of Arbitration and Conciliation Act, 1996....

The State of Jharkhand and its officers (petitioners) entered into a consultancy agreement with M/s HSS Integrated SDN and another (respondents) on 28.08.2007 for construction of a six-lane divided ca...

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Supreme Court Allows Modification and Clarifies Judgment on Organised Group 'A' Central Services for CAPFs. The Court corrected a clerical error in its earlier judgment and clarified that the judgment does not affect IPS officers' deputation rights in CAPFs....

The Supreme Court dealt with two miscellaneous applications arising from its earlier judgment dated 05.02.2019 in Civil Appeal No. 1474/2019 and related matters. The first application, M.A. No. 712/20...

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Supreme Court Dismisses State's Appeals, Affirms Refund of Licence Fee and Differential Amount for Period of Unlawful Closure of Distillery Premises. Licensee Entitled to Refund When Premises Sealed Without Opportunity of Hearing, and Suspension Order Passed Without Show-Cause Notice....

The Supreme Court dismissed appeals by the State of Bihar against a Patna High Court judgment directing refund of licence fee and differential amount to four distilleries whose premises were unlawfull...

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Supreme Court Dismisses Appeal Against High Court Order for Restitution of Possession in Temple Property Dispute. Section 144 CPC Not Attracted as Possession Was Under Interim Order, Not Decree; Court Has Inherent Power to Restore Status Quo Ante....

The appeal arose from a long-standing property dispute concerning temples and shops in Jaipur. The original plaintiff, Bansidhar Sharma (since deceased, represented by his legal representative), filed...