The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Municipal Corporation Act (Delhi) Municipal Corporation Act (Delhi) - Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority. Consequently, with this clarification, it must be noted that the election of the Mayor shall be conducted first in the first meeting of the Municipal Corporation of Delhi. Once the Mayor is elected, the elected Mayor shall be the presiding authority for the purpose of the election of the Deputy Mayor. (Para 12) Shelly Oberoi v. Office of Lieutenant Governor of Delhi, 2023 LiveLaw (SC) 119 : (2023) 5 SCC 414 Municipal Corporation Act, 1949 (Maharashtra) Maharashtra Municipal Corporation Act, 1949 - Section 439 read with Clause (5) of Appendix IV - Service of employees in Zilla Parishad (ZP) should be counted for seniority when Zilla Parishad has been absorbed by Municipal Corporation. There is no dispute regarding the fact that Clause 5(c), including its first proviso, occupies this field of law till date. The provision explicitly deals with protection of conditions of service of the officers and servants who were earlier employed in a local authority like a ZP, and who have been subsequently absorbed into a Municipal Corporation. It expressly protects their service rendered by them in the local authority before the appointed day and further provides that it shall be considered as service rendered in the Municipal Corporation itself. Given the existence of this unambiguous provision, the only logical conclusion is that the service rendered by Respondent Nos. 5 to 79 in the ZP has to be treated as service rendered in the PMC. Such service, therefore, has to be counted towards the determination of their seniority as well. (Para 21) Maharashtra Rajya Padvidhar Prathamik Shikshak v. Pune Municipal Corporation, 2023 LiveLaw (SC) 229 : (2023) 2 SCR 981 Murder Trial Person guilty of murder even when he mistakenly kills another person : Supreme Court applies 'doctrine of transfer of malice'. Nanhe v. State of U.P., 2023 LiveLaw (SC) 1005 Supreme Court rejects defence of intoxication in murder case, says accused walking properly & returning to shoot indicated alert mental state. Nanhe v. State of U.P., 2023 LiveLaw (SC) 1005 4 circumstances to be proved in cases of murder by poison : Supreme Court explains. Hariprasad @ Kishan Sahu v. State of Chattisgarh, 2023 LiveLaw (SC) 968 : (2024) 2 SCC 557 Murder Trial - Non-Explanation of injuries on accused will create doubts on prosecution version. Parshuram v. State of Madhya Pradesh, 2023 LiveLaw (SC) 953 : AIR 2023 SC 5685 : 2024 CriLJ 81 Murder Trial - Exception 4 to Section 300 IPC not applicable if the accused took "undue advantage" of the situation. Anil Kumar v. State of Kerala, 2023 LiveLaw (SC) 948 : : AIR 2023 SC 5512 : (2024) 1 SCC 327 : 2024 CriLJ 199 'Sudden provocation as Rs. 500 for daughter not given' : Supreme Court modifies murder conviction of wife who killed husband. Nirmala Devi v. State of Himachal Pradesh, 2023 LiveLaw (SC) 585 : AIR 2023 SC 3683 Murder case - 'Cruel' is a relative term; if its ordinary meaning is used, exception 4 of Section 300 IPC can never be applied. Gursewak Singh v. Union of India, 2023 LiveLaw (SC) 571 : AIR 2023 SC 3569 Supreme Court acquits father-son duo in a 27 years old murder case by according benefit of doubt. Mohd. Muslim v State of Uttar Pradesh, 2023 LiveLaw (SC) 489 : AIR 2023 SC 3086 : (2023) 7 SCC 350 Supreme Court acquits man accused of murdering wife 35 years ago; says conviction resulted in 'travesty of justice'. Guna Mahto v. State of Jharkhand, 2023 LiveLaw (SC) 240 Witness went to sleep after seeing his friend murdered ? Supreme Court doubts testimony, acquits convict in murder case after two decades. Narendrasinh Keshubhai Zala v. State of Gujarat, 2023 LiveLaw (SC) 227 : (2023) 2 SCR 746 Murder Trial - Credible testimony of a single eyewitness sufficient to prove a case beyond reasonable doubt. Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965 Murder Trial - Last seen theory : time at which deceased was lastly seen with accused should be proved conclusively. Shankar v. State of Maharashtra, 2023 LiveLaw (SC) 212 : (2023) 2 SCR 661 Murder Trial - Prosecution's omission to explain injuries on accused assumes importance when evidence consists of interested witnesses. Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186 : AIR 2023 SC 1599 : [2023] 2 SCR 276 'Non-Recovery of corpse relevant in considering chain of circumstances' : Supreme Court reverses conviction in murder case. Indrajit Das v. State of Tripura, 2023 LiveLaw (SC) 152 : AIR 2023 SC 1239 Murder Trial - Once...

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

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