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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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Latest Cases

(161) STATE OF KERALA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 01-04-2024
Fiscal Responsibility and Budget Management Act, 2003 - Section 4 - Fiscal management principles - The State of Kerala filed a suit against the Union of India, challenging actions related to fiscal management, including an amendment to the Fiscal Responsibility and Budget Management Act and restrictions on borrowing - The suit raises substantial constitutional questions regarding the interpretation of Article 131 and the extent of a state’s right to borrow under Article 293 – State of Kerala arg
India Law Library Docid # 1604036

(162) STATE OF HARYANA Vs. DR. RITU SINGH AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2024
Briefly stated, the facts available on record are that a complaint was filed by the respondent no.2 with the police alleging certain offences committed by the respondent no.1, on the basis of which FIR[4] in question was registered. Respondent no.1 at the relevant point of time was working as veterinary doctor in Policlinic, Sonipat Animal Husbandry Department. Immediately, after registration of the FIR while the matter was still under investigation, the respondent no.1 filed a petition in the H
India Law Library Docid # 1882481

(163) BLOOMBERG TELEVISION PRODUCTION SERVICES INDIA PRIVATE LIMITED AND OTHERS Vs. ZEE ENTERTAINMENT ENTERPRISES LIMITED [SUPREME COURT OF INDIA] 22-03-2024
On 01 March 2024, an ex-parte ad interim order was passed by the ADJ 05 of the South Saket Courts, New Delhi[1] directing the appellants (a media platform, one of its editors, and the concerned journalists) to take down an article dated 21 February 2024 published on their online platform within a week. The appellants were also restrained from posting, circulating or publishing the article in respect of the respondent-plaintiff on any online or offline platform till the next date of hearing. The
India Law Library Docid # 1882482

(164) AMUDHA Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 - Section 306 - Abetment of suicide - The appellant, is charged under Section 306 IPC - The deceased, her uncle, committed suicide after a family dispute over property - The main issue is whether the appellant instigated the deceased to commit suicide, as she was in the USA from September 2019 until after the suicide in March 2020 - The appellant argues that no evidence shows she instigated the suicide, as she was abroad and had no contact with the deceased - The State contends
India Law Library Docid # 1604029

(165) SABITA PAUL AND OTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 – Sections 376, 354, 389, 506, and 120-B - Information & Technology Act, 2000 - Section 67A - Anticipatory bail -The case involves allegations against Petitioners taking and using obscene photographs to extort money from the complainant - The core issue is the cancellation of anticipatory bail granted to Appellant who is accused of conspiring with her son in the alleged crime - The petitioner had suppressed material facts regarding her previous attempts to secure anticipatory ba
India Law Library Docid # 1604030

(166) DR. JAYA THAKUR AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2024
Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Section 7(1) - Selection Committee - The order discusses applications for stay regarding the selection and appointment of Election Commissioners, challenging the vires of Section 7(1) of the 2023 Act - The main issues are the alteration of the Selection Committee’s composition and the impact on transparent elections, along with procedural irregularities in the selection process - The petitioners argue tha
India Law Library Docid # 1604031

(167) M/S ACME PAPERS LTD. AND OTHERS Vs. M/S. CHINTAMAN DEVELOPERS PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 22-03-2024
Civil Procedure Code, 1908 – Sections 10, 16 and 20 - Suits to be instituted where subject-matter situate - The case involves a dispute over a Memorandum of Understanding (MoU) for the sale of land, with the petitioner seeking to transfer a suit from Sehore, Madhya Pradesh to Calcutta, West Bengal - The primary issue is the appropriate jurisdiction for the suit concerning the MoU and the suit property - The petitioner contends that the MoU was executed in Calcutta and that the validity and enfor
India Law Library Docid # 1604032

(168) THIRUMOORTHY Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 (IPC) - Sections 302, 363,342 and 201 - Juvenile Justice(Care and Protection of Children) Act, 2015 - Sections 2(13) and 6 – The appellant was convicted for various offences including kidnapping, murder, and offences under the POCSO Act - The trial court sentenced him to rigorous imprisonment for different terms - The appeal challenges the High Court’s dismissal of the appellant’s criminal appeal, affirming his conviction and sentences - The key issue is the non-adherence to th
India Law Library Docid # 1604033

(169) AWUNGSHI CHIRMAYO AND ANOTHER Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 (IPC) – Sections 302 and 306 –The case involves the death of a 25-year-old girl from Manipur, found dead in her rented accommodation in Delhi - The cause of death was unclear, with post-mortem reports showing post-mortem injuries but no cause of death - The main issue is the ineffective investigation into the death, initially registered as a suicide and later converted to a murder case - The appellants, cousins of the deceased, seek a thorough investigation by the CBI - The appe
India Law Library Docid # 1604034

(170) RAM MURTI SHARMA Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 (IPC) – Section 302 – Grant of Bail - An FIR was registered for the murder of the appellant’s son, and the respondent no.2 was implicated during the investigation - The main issue is the challenge against the High Court’s order granting bail to respondent no.2. - The appellant argued that the High Court failed to consider relevant facts and allowed the bail application without adequate reasoning - Respondent no.2 argued that he was not named in the FIR and had already suffered i
India Law Library Docid # 1604035

(171) BINA BASAK AND OTHERS Vs. SRI BIPUL KANTI BASAK AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
This matter pertains to right to title and possession of a property that was allotted by the Relief and Rehabilitation Department of Government of West Bengal to a family which had come to Siliguri from the then East Pakistan in 1950. Before moving forward with the facts of the case, it is imperative for us to mention that such rehabilitation programmes are introduced by the government with the sole aim of re-establishment of the displaced/ migrant families and not for the benefit of any individ
India Law Library Docid # 1882462

(172) M/S. DIVGI METAL WARES LTD. Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 21-03-2024
Civil Appeal No(S). 2032, 2035 and 2033 These appeals challenge the judgment and order passed by the Division Bench of the High Court of Karnataka, Circuit Bench at Dharwad dated 02.02.2009, vide which the appeal filed by the M/s. Divgi Metal Wares Employees Association, which is respondent No.1 herein, came to be allowed. Similarly, by the said order, the Writ Petition No.31808/2003 filed by Respondent No.1 was also allowed and the Writ Petition No.7993/2006 filed by M/s Divgi Metal Wares Ltd.,
India Law Library Docid # 1882466

(173) PANKAJ SINGH Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 21-03-2024
The Trial Court convicted the appellant-accused for the offences punishable under Sections 342, 376 and 201 of the Indian Penal Code, 1860 (for short, the IPC). The maximum sentence imposed is life imprisonment for the offence punishable under Section 376 of the IPC with a fine of Rs.1,00,00/-. We must note that charges were also framed against the appellant-accused for the offences punishable under Sections 365, 354D(1)(ii) and 506 of the IPC. The Trial Court acquitted the appellant-accused as
India Law Library Docid # 1882480

(174) THE ORISSA STATE FINANCIAL CORPORATION AND ANOTHER Vs. SMT. SUKANTI MOHAPATRA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Having heard learned counsel for the parties at length, we are of the view that the impugned judgment passed by the Division Bench of the High Court, allowing Writ Petition (Civil) nos. 7220/2007 and 8405/2007 filed by respondent nos. 1 and 2 - Sukanti Mohapatra and Prasanta Kumar Mohapatra, is unsustainable, both on facts and in law. The appellant before us - Orissa State Financial Corporation [1] had granted a loan of Rs.3,26,258.78 (Rupees three lakhs twenty six thousand two hundred fifty eig
India Law Library Docid # 1882483

(175) M K RANJITSINH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
The GIB (the scientific name of which is ardeotis nigriceps) is native to southern and western India. It typically occupies grasslands or arid regions. The State of Rajasthan is home to a majority of the current population. With time, the country has seen a rapid and steady decline in the population of the GIB. As of 2018, the International Union for Conservation of Nature, or IUCN as it is popularly known, classified the GIB as a critically endangered species. In IUCNs system of classification,
India Law Library Docid # 1882487

(176) M/S. DIVGI METAL WARES LTD. Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 21-03-2024
Industrial Employment (Standing Orders) Act, 1946 - Section 3, 7 and 10(3) – Transferring of employees between different units of the company - The case involves Appellant Company. and its employees’ association, concerning the legality of transferring employees between different units of the company - The main issue is whether the company’s Standing Orders, allowing transfers anywhere within India, are valid under the Industrial Employment (Standing Orders) Act, 1946 - The company argues that t
India Law Library Docid # 1604023

(177) RAGHUNATHA AND ANOTHER Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 21-03-2024
Penal Code, 1860 (IPC) - Sections 302 and Section 304 Part-I – Murder – Acquital - The prosecution’s case is based on circumstantial evidence, including the last seen theory, motive, and recovery of the weapon - The appeal challenges the High Court’s judgment which modified the appellants’ conviction from Section 302 to Section 304 Part-I of IPC and sentenced them to 10 years of imprisonment - The appellants argue that the prosecution failed to prove the incriminating circumstances and that the
India Law Library Docid # 1604024

(178) SAREE SANSAR Vs. GOVT. OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Central Sales Tax Act, 1956 - Sections 14 and 15 - Delhi Sales Tax Act, 1975 - Section 4(1) - The Government of Delhi changed the sales tax rate on silk fabric multiple times, leading to an assessment order demanding Rs. 4,22,095/- from Appellant for the period between 15th January 2000 and 31st March 2000 – Validity of - The main issue was whether the Delhi Government could levy a 12% sales tax on silk sarees, which are consi
India Law Library Docid # 1604025

(179) NOBLE M. PAIKADA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 21-03-2024
Environment (Protection) Act, 1986 – 3(2)(v)(1) - Environment (Protection) Rules, 1986 – Rule 5(3)(d) - Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguard - The appeals challenge the judgment and order of the National Green Tribunal (NGT) regarding environmental clearance (EC) notifications for certain projects - The main issue is the validity of the ex
India Law Library Docid # 1604026

(180) NENAVATH BUJJI ETC. Vs. THE STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 - Section 3(2) - Power to make o
India Law Library Docid # 1604027