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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
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Latest Cases

(1) JASOBANTA SAHU Vs. STATE OF ORISSA [SUPREME COURT OF INDIA] 30-04-2024
Penal Code, 1860 (IPC) - Section 302 – Murder – Property Dispute - The High Court affirmed the conviction, which led to this appeal - The appeal challenges the reliability of eyewitnesses and the recovery of the murder weapon, questioning the appellant's conviction - The appellant claims false implication, questioning the credibility of eyewitnesses and the voluntariness of the extra-judicial confession - The State argues that the conviction is based on correct evidence assessment and that the a
India Law Library Docid # 1604114

(2) SURESH @ UNNI @ VADI SURESH Vs. THE STATE OF KERALA [SUPREME COURT OF INDIA] 30-04-2024
Explosive Substances Act, 1908 - Sections 3(a) and 4(a)(i) - Arms Act, 1958 - Section 27(1) - Penal Code, 1860 (IPC) - Sections 302, 307,143, 147, 148, 324, 326, 427 and 449 read with Section 149 - The case involves who appealed against his conviction under various sections of the IPC and other acts - The incident occurred on March 6, 2006, involving an unlawful assembly, murder, and grievous injuries with deadly weapons - The appeal challenges the High Court's partial allowance of Appellant’s
India Law Library Docid # 1604115

(3) FIRDOSKHAN KHURSHIDKHAN Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 42, 50 and 67 - The appeals arise from a common judgment by the Gujarat High Court, dismissing appeals against a trial court's conviction of the appellants under the NDPS Act for possession of narcotics - The main issues revolve around the compliance with mandatory procedures of the NDPS Act during the search and seizure, and the admissibility of confessional statements under Section 67 of the NDPS Act - The appellants contend non-c
India Law Library Docid # 1604116

(4) AJAY ISHWAR GHUTE AND OTHERS Vs. MEHER K. PATEL AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Land Dispute - The case involves a dispute over land ownership and the construction of a compound wall, which was permitted by the High Court under police protection without considering the rights of affected third parties - The main issue is whether the High Court was justified in allowing the construction of the compound wall under police protection, and whether necessary parties were impleaded - The petitioners argued that the High Court's order was illegal due to non-joinder of necessary par
India Law Library Docid # 1604117

(5) COMMISSIONER OF CENTRAL EXCISE BELAPUR Vs. JINDAL DRUGS LTD. [SUPREME COURT OF INDIA] 30-04-2024
Central Excise Act, 1944 - Section 35L(1)(b) – qualification as 'manufacture' under the Act - The primary issue is whether the labeling activity constitutes 'manufacture' as per Note 3 to Chapter 18 of the Central Excise Tariff Act, thereby making respondent eligible for cenvat credit and rebate on exported goods - The revenue (petitioner) argued that the additional labeling done by Respondent did not amount to manufacture and hence, they were not entitled to the cenvat credit and rebate claims
India Law Library Docid # 1604118

(6) SWAMI VEDVYASANAND JI MAHARAJ (D) THR LRS. Vs. SHYAM LAL CHAUHAN AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Title Suit - The case involves a title suit regarding property in Bihar, with ‘S1’ as one of the defendants - After his death, two claimants sought substitution in the Second Appeal pending before the Patna High Court - The main issue was determining the legal representative (LR) for substitution in the Second Appeal after Swami ‘S1’s death - The appellant, argued for substitution in place of ‘S2’, whose claim was previously dismissed by the High Court - The respondent, was upheld as the LR by
India Law Library Docid # 1604119

(7) NEW INDIA ASSURANCE COMPANY LTD. THROUGH ITS MANAGER Vs. M/S TATA STEEL LTD. [SUPREME COURT OF INDIA] 30-04-2024
Insurance Act, 1938 - Section 64 UM(2) - Insurance Policy - Dispute regarding an insurance claim settlement after a fire incident - The primary issues revolve around the applicability of the Reinstatement Value Clause in the insurance policy, the correct method of calculating depreciation, and the settlement amount - Appellant contends that the claim was settled correctly by applying a 60% depreciation rate and challenges the NCDRC's order which partly allowed the insured's complaint - Responden
India Law Library Docid # 1604120

(8) PRIYANKA JAISWAL Vs. THE STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Penal Code, 1860 (IPC) - Sections 323, 498A, 504 and 506 - Dowry Prohibition Act, 1961 – Sections 3 and 4 – Jurisdiction - The appellant challenges the High Court's order quashing proceedings against respondents for offences under IPC and Dowry Prohibition Act due to alleged dowry harassment - The appeal raises questions about the correctness of the High Court's order based on non-compliance with Section 41A Cr.P.C., omnibus allegations, and jurisdiction of the Jamshedpur court - The appellant
India Law Library Docid # 1604121

(9) LIFE INSURANCE CORPORATION OF INDIA Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Stamp Act, 1899 - Rajasthan Stamp Law (Adaptation) Act, 1952 - Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act - LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharas
India Law Library Docid # 1604122

(10) ASSOCIATION FOR DEMOCRATIC REFORMS Vs. ELECTION COMMISSION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 26-04-2024
EVM and VVPAT - Reliability - The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process - The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted - Petitioner argued for a return to paper ballots, provision of VVP
India Law Library Docid # 1604109

(11) ANIRUDDHA KHANWALKAR Vs. SHARMILA DAS AND OTHERS[SUPREME COURT OF INDIA] 26-04-2024
Penal Code, 1860 (IPC) – Sections 420 read with Section 120-B - The appellant challenged lower courts' orders regarding the summoning of respondents for alleged dishonest inducement in a marriage - The appellant claimed he was deceived into marrying a married respondent and that all respondents conspired to induce him into marriage and leave him with a significant sum of money - The respondents argued that there was no concealment or cheating, as all facts were disclosed to the appellant from th
India Law Library Docid # 1604110

(12) SANJAY MARUTI JADHAV AND ANOTHER Vs. AMIT TATOBA SAWANT [SUPREME COURT OF INDIA] 26-04-2024
Specific Relief Act, 1963 - Section 6 - Suit by person dispossessed of immovable property - The appellants, owner of the property, allegedly evicted the respondent illegally and by force - The main issue was the maintainability of the suit under Section 6 of the Specific Relief Act, 1963, and the illegal dispossession - The appellants contended voluntary handover of possession and challenged the maintainability of the suit - The respondent filed a suit within six months of dispossession under Se
India Law Library Docid # 1604111

(13) THE STATE OF ODISHA Vs. NIRJHARINI PATNAIK @ MOHANTY AND ANOTHER [SUPREME COURT OF INDIA] 26-04-2024
Penal Code, 1860 (IPC) - Sections 420, 467, 468, 471, 477(A), 120(B) and 34 – The case involves allegations of a conspiracy to illegally transfer government land using forged documents - The respondents, along with others, are accused of manipulating judicial processes and revenue records to acquire government lands - The primary issue is whether the High Court was correct in quashing the order taking cognizance against the respondents, given the evidence of a conspiracy and manipulation of docu
India Law Library Docid # 1604112

(14) M/S MADURA COATS PRIVATE LIMITED Vs. THE COMMISSIONER OF CENTRAL EXCISE AND ANOTHER [SUPREME COURT OF INDIA] 25-04-2024
Central Excise Act, 1944 - Section 35C (2) - Orders of Appellate Tribunal – The appellant, M/S Madura Coats is involved in a legal dispute with the Commissioner of Central Excise regarding the clearance of goods without payment of duty - The case involves multiple orders and appeals, with the primary contention being the non-furnishing of a crucial letter dated 20.01.2001 - The main issue is whether the non-furnishing of the letter dated 20.01.2001 has caused prejudice to the appellant's abilit
India Law Library Docid # 1604102

(15) MOHD. AHSAN Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 25-04-2024
Penal Code, 1860 – Sections 302 and 304 – The appeal challenges the High Court's decision to uphold the appellant's conviction for murder, arguing that the conviction under Section 302 can be converted to Part I or Part II of Section 304 of the IPC, which pertains to culpable homicide not amounting to murder - The appellant argued that the incident occurred in a sudden fight without premeditation and there was no intention to cause death, suggesting the offense falls under Section 304 - The res
India Law Library Docid # 1604105

(16) SHRI MALLIKARJUN DEVASTHAN, SHELGI Vs. SUBHASH MALLIKARJUN BIRAJDAR AND OTHERS [SUPREME COURT OF INDIA] 25-04-2024
Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust - The High Court invalidated the acceptance and remanded the matters for reconsideration - The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar's death - The Supreme Court set aside the High Court's judgment, confirming th
India Law Library Docid # 1604106

(17) SHRIRAM MANOHAR BANDE Vs. UKTRANTI MANDAL AND OTHERS [SUPREME COURT OF INDIA] 25-04-2024
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 - Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court - The main issues were whether the appellant's resignation was lawfully withdrawn and if the documents related to his resignation were fabricated - The appellant argued that his resignation withdrawal was not consi
India Law Library Docid # 1604107

(18) GLOBAL CREDIT CAPITAL LIMITED AND ANOTHER Vs. SACH MARKETING PVT. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 25-04-2024
Insolvency and Bankruptcy Code, 2016 - Section 5(7) – “financial creditor” - The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) - The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC - The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote
India Law Library Docid # 1604108

(19) MAYA GOPINATHAN Vs. ANOOP S.B. AND ANOTHER [SUPREME COURT OF INDIA] 24-04-2024
Matrimonial Law - The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts - The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents - The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment - The appellant claimed that her jewellery was taken under the pretext of s
India Law Library Docid # 1604103

(20) JYOTI DEVI Vs. SUKET HOSPITAL [SUPREME COURT OF INDIA] 23-04-2024
Consumer Law – Medical Negligence – Appellant-Jyoti Devi underwent an appendectomy at Suket Hospital, but suffered continuous pain post-surgery - A needle was later found in her abdomen, leading to another surgery for its removal - The case revolves around medical negligence, deficient post-operative care by the hospital, and the determination of just compensation for the claimant-appellant - The claimant-appellant sought enhancement of compensation for the pain, suffering, and financial expense
India Law Library Docid # 1604100