Legal News & Views

Cause Title :  Ramesh Chandra Gupta vs State Of U.P. & Ors., Supreme Court Of India, Criminal Appeal No(S). 2060 Of 2022 Date of Judgment/Order : November 28, 2022 Corum : Ajay Rastogi; J., C.T. Ravikumar; J. Citied:  Vineet Kumar and Others vs. State of Uttar Pradesh and Another, (2017) 13 SCC 369 State of Karnataka v. L. Muniswamy (1977) 2 SCC 699 State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others Background An FIR was lodged against the accused and a charge sheet was filed under Sections 420, 467, 468, 471, 504, 506, 448, 387 IPC. approached the Allahabad High Court seeking quashing of the FIR/Charge Sheet. As the High Court dismissed it, they approached the Apex Court. Judgment In appeal, the Supreme Court noted that the High Court has not examined as to what was the complaint and how the present accused are, in any manner, concerned with the so-called alleged commission of crime.  The SC observed that the

Cause Title :  Anjali Vilas Deshpande vs Prabha Rajendra Gupta, First Appeal No. 17 Of 2022, Bombay High Court Date of Judgment/Order : 18th November 2022 Corum : G.S. Patel & Gauri Godse, JJ. Citied:  Sarla Varma and others v DTC and another, (2009) 6 SCC 121 National Insurance Company Limited v Pranay Sethi, (2017) 16 SCC 680 Magma General Insurance Company Ltd v Nanuram, (2018) 18 SCC 130 Background Appeal was filed by the Appellant/claimants was the compensation allowed by the Tribunal. The said compensation was based on the salary of the deceased as well as his possible promotion.  The A ppellant  claimed that the tribunal had erred in relying only on the last drawn salary slip of the deceased and refused to consider the income of the deceased as per Form 16 which is submitted under the Income Tax Act. The  Appellant/claimants  relied upon last letter issued by the employer which revealed that the employer had revised the salary of the deceased few months before the accident.