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Cooperative law

REGISTRAR CANE COOPERATIVE SOCIETIES & ORS. versus GURDEEP SINGH NARVAL (DEAD) THROUGH LRS. & ORS.

The Sugarcane Growers Cooperative Societies, Bajpur and Gadarpur are not Multi-State Cooperative Societies under the 2002 Act because their principal objects, as shown by the bye-laws, are confined to promoting local canegrowers' interests within a single State; Section 103(1)'s deeming fiction does not operate to override or retrospectively unsettle valid reorganisation steps taken under Sections 87 and 93 of the Uttar Pradesh Reorganisation Act, 2000, and therefore Section 103 cannot be applied in these cases.

Source excerpt

  • Section 103, multi-state cooperative societies act, 2002
  • Sections 87 and 93, uttar pradesh reorganisation act, 2000
  • Doctrine of legislative continuity
  • Deeming fiction under statute
  • Reorganisation of states
  • Objects versus area of operation of societies
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Criminal law

POORANMAL versus THE STATE OF RAJASTHAN & ANR.

The Court held that the prosecution failed to prove a complete and coherent chain of incriminating circumstances against the appellant: the recovery of currency notes was doubtful and lacked nexus to the crime, the blood-stained shirt recovery and its FSL result were undermined by breaches in chain of custody, and the call detail records were inadmissible for want of the mandatory Section 65-B certificate. Consequently, conviction based solely on the circumstantial evidence before the courts could not be sustained and the appellant was acquitted.

Source excerpt

  • Circumstantial evidence
  • Call detail records
  • Admissibility of electronic evidence
  • Chain of custody
  • Recoveries
  • Forensic science laboratory (fsl) report
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Constitutional law

ANURAG KRISHNA SINHA versus STATE OF BIHAR & ANR.

The Srimati Radhika Sinha Institute and Sachchidanand Sinha Library (Requisition & Management) Act, 2015 is manifestly arbitrary and violative of Article 14 because it effects a complete vesting and dissolution of long-standing trust arrangements without demonstrated necessity, objective criteria, inquiry or proportionate means; further, its scheme permits deprivation of property without fair and non-confiscatory compensation in breach of Article 300A, and therefore the Act is unconstitutional and must be struck down with restoration of the trust to its pre-enactment legal position.

Source excerpt

  • Article 14
  • Article 300a
  • Compulsory acquisition
  • Public trust
  • Manifest arbitrariness
  • Compensation
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Criminal law

CENTRAL BUREAU OF INVESTIGATION versus BALJEET SINGH

The acquittal of A2 by the High Court was set aside and the trial court conviction under Section 7 of the Prevention of Corruption Act, 1988 restored because the pre-trap proceedings, testimony of the complainant (PW1), corroboration by the Trap Laying Officer (PW22) and independent witnesses (PW10, PW18), the recovery of the marked notes matching the Handing Over Memo, and the phenolphthalein/hand-wash test together established acceptance by A2 beyond reasonable doubt; however, conspiracy under Section 120B IPC as against A1 and A2 was not established and A1 remained unconvicted; the sentenc…

Source excerpt

  • Corruption
  • Criminal conspiracy
  • Demand and acceptance of bribe
  • Trap proceedings
  • Phenolphthalein/hand-wash test
  • Corroboration of witnesses
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Constitutional law

RACHANA GANGU & ANR. versus UNION OF INDIA & ORS.

Where the State undertakes a large-scale, State-led public health intervention such as the COVID-19 vaccination programme, Article 21 imposes a positive obligation on the State to ensure affected families have an accessible mechanism of redress; in absence of a uniform framework India must have a no-fault compensation policy for serious adverse events following immunisation arising from COVID-19 vaccination, while continuing existing AEFI surveillance and public disclosure, and no court-appointed expert body is necessary given existing committees.

Source excerpt

  • Right to life
  • Right to health
  • No-fault compensation
  • Adverse events following immunization (aefi)
  • Vaccine injury compensation
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Civil procedure

GOBIND SINGH AND ORS. versus UNION OF INDIA AND ORS.

The High Court rightly refused the application for additional evidence because the conditions under Order XLI Rule 27 CPC were not satisfied; the appellants' claim rested on a decree not binding on the Union and on revenue entries that could not cure defects in their case; appellants could and should have adduced complete title evidence at trial; entries in the GLR would not establish ownership against the respondents, who traced title to the Union's 1953 decision and related notifications; accordingly the High Court judgments were correctly affirmed and the appeals dismissed.

Source excerpt

  • Order xli rule 27 cpc
  • Additional evidence
  • General land register (glr)
  • Adverse possession
  • Declaration of title
  • Revenue records
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Constitutional law

ABHISHEK SHARMA versus THE STATE OF JAMMU AND KASHMIR & ORS.

Section 3(b) of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 insofar as it excludes employees appointed on an academic arrangement basis from consideration for regularisation despite fulfilment of the conditions under Section 5 is unconstitutional and violative of Article 14; once the statutory conditions under Section 5(i)–(v) are satisfied the nomenclature of initial appointment is irrelevant and the State must consider such employees for regularisation under Section 5.

Source excerpt

  • Article 14
  • Article 16
  • Reasonable classification
  • Regularisation of employees
  • Academic arrangement
  • Contractual appointments
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Criminal law

DR. SUSHIL KUMAR PURBEY & ANR. versus THE STATE OF BIHAR AND ORS.

Because the allegations against the appellants were, in substance, identical to those against the sister-in-law and were general and omnibus without any specific overt acts attributed to the appellants, and because of the unexplained delay in lodging the complaint which lent credence to the contention of a counter-blast to earlier divorce proceedings, continuation of criminal proceedings against the appellants could not be sustained and therefore those proceedings were to be quashed.

Source excerpt

  • Quashing of criminal proceedings
  • Anticipatory bail
  • Cognizance by magistrate
  • Dowry demands
  • Delay in lodging fir
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Education law

PRIYANKA KUMARI AND ORS. versus THE STATE OF BIHAR AND ORS.

Where appellants had obtained B.Lib degrees from a university established under the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 (later declared ultra vires), and there is no finding that the university was bogus or that no study was imparted, termination of their services solely on that ground is illegal; they are to be reinstated with continuity but are not entitled to back wages.

Source excerpt

  • Education
  • Degree
  • Protection of students
  • Benefits of degree
  • Service law
  • Termination
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Bail

RAKESH MITTAL versus AJAY PAL GUPTA @ SONU CHAUDHARY AND ANOTHER

The High Court erred in mechanically applying the parity principle without considering respondent No.1's individual and distinguishing features — habitual offending, absconding, multiple aliases and forged IDs, misuse of earlier bail and the serious nature of offences including s.409 and s.467 IPC which may warrant commitment to Sessions — and therefore the bail order was unsustainable and was set aside.

Source excerpt

  • Parity principle
  • Offences of pecuniary nature
  • Criminal antecedents
  • Absconding
  • Triability and commitment to sessions
  • Cancellation and grant of bail
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.