(61) MEHER FATIMA HUSSAIN Vs. JAMIA MILIA ISLAMIA AND OTHERS [SUPREME COURT OF INDIA] 15-04-2024 Service Law – Selection Process - Appellants were appointed at Jamia Milia Islamia University after a regular selection process - Their positions were to be merged into the regular establishment as per UGC's approval - The main issue was whether the appellants' appointments should be regularized after the merger of their posts with the regular establishment of the university - The appellants argued that their appointments were made through a proper selection process and met UGC qualifications, t India Law Library Docid # 1604078
(62) DELHI METRO RAIL CORPORATION LTD. Vs. DELHI AIRPORT METRO EXPRESS PVT. LTD. [SUPREME COURT OF INDIA] 10-04-2024 Arbitration and Conciliation Act 1996 - Sections 34 and 37 - The dispute involves Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) regarding the operation and maintenance of the Airport Metro Express Line (AMEL) - The core issue is the validity of DAMEPL's termination of the Concession Agreement due to alleged defects not cured by DMRC within the stipulated cure period - DMRC argues that it took effective steps to cure the defects and that DAMEPL's terminati India Law Library Docid # 1604068
(63) BHUPATBHAI BACHUBHAI CHAVDA AND ANOTHER Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 10-04-2024 Penal Code, 1860 (IPC) - Section 302, read with 34 – Murder – The appellants, a father and son, were accused of assaulting deceased with pipes and sticks, leading to his death - They were acquitted by the Sessions Court but convicted by the High Court on appeal by the State of Gujarat - The main issue was whether the High Court was correct in overturning the acquittal and convicting the appellants based on the evidence presented - The appellants argued that the High Court wrongly placed the burd India Law Library Docid # 1604069
(64) SUBHASH @ SUBANNA AND OTHERS Vs. STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS [SUPREME COURT OF INDIA] 10-04-2024 Penal Code, 1860 (IPC) – Section 302 – Murder - Dispute over a blocked pathway - The appeal challenges the High Court's confirmation of the Trial Court's conviction and sentence, questioning the intention behind the act and claiming the right to private defence - The appellants argued that the incident was a reaction to provocation by the deceased and his family, lacking the intention to attract Section 302 of IPC - The State supported the High Court's judgment, emphasizing the lack of provocati India Law Library Docid # 1604070
(65) MAHAKALI SUJATHA Vs. THE BRANCH MANAGER, FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024 Consumer Law - Insurance Act, 1938 - Section 45 - Policy not to be called in question on ground of mis-statement after two years - The appeal involves a dispute over life insurance claims repudiated due to alleged non-disclosure of existing policies - The main issue is whether the insurance claim was rightly repudiated on grounds of suppression of material information about existing policies - The appellant argues there was no material suppression of facts regarding existing insurance policies - India Law Library Docid # 1604071
(66) RAVISHANKAR TANDON Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 10-04-2024 Penal Code, 1860 (IPC) – Section 302 read with 34 and 120B - Murder - Conspiracy and homicide – Recovery of Body from the Pond - The appeals challenge the High Court's dismissal of the appellants' criminal appeals and the upholding of their convictions and sentences by the trial court - The appellants argued that the prosecution failed to prove the incriminating circumstances beyond reasonable doubt and that the chain of proven circumstances does not conclusively point to their guilt - The respo India Law Library Docid # 1604072
(67) ARUN SHANKAR Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 10-04-2024 Penal Code, 1860 (IPC) - Sections 302 and 201 - Evidence Act, 1872 - Section 27 – Murder - Causing disappearance of evidence of offence, or giving false information to screen offender - How much of information received from accused may be proved – The case is based on circumstantial evidence, including the recovery of the knife, last seen together, medical opinion, and the deceased's habit of drinking with the appellant - The main issue is the validity of the circumstantial evidence against the India Law Library Docid # 1604073
(68) PHR INVENT EDUCATIONAL SOCIETY Vs. UCO BANK AND OTHERS [SUPREME COURT OF INDIA] 10-04-2024 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13(4) and 17 – Application against measures to recover secured debts. - The Borrower defaulted on a loan secured by mortgaged properties, leading to auction proceedings by UCO Bank - The auction purchaser, PHR Invent Educational Society, emerged as the highest bidder and deposited the bid amount - However, the Borrower filed applications to set aside the auction and restore the origina India Law Library Docid # 1604074
(69) SANJAY CHAUDHARY AND ANOTHER Vs. PIONEER URBAN LAND AND INFRASTRUCTURE LTD. AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024 Consumer Law – Housing – Delay in deleivery of Flat - The appellants, homebuyers, paid 90% of the total sale consideration for a flat, but the respondent-developer failed to deliver possession by the scheduled date, leading to a consumer dispute - The main issue is the respondent-developer's entitlement to charge interest at 9% per annum on the balance amount from the appellants-homebuyers from November 14, 2017, until payment - The Supreme Court found that the Commission erred in allowing the r India Law Library Docid # 1604075
(70) MANISHA MAHENDRA GALA AND OTHERS Vs. SHALINI BHAGWAN AVATRAMANI AND OTHERS [SUPREME COURT OF INDIA] 10-04-2024 Easements Act, 1882 - Sections 4, 13 and 15 - Easements of necessity and quasi-easements - The dispute involves easementary rights over a 20ft wide road owned by the respondents - The main issue is whether the Gala Appellants have any easementary right over the disputed road - The Appellant's claim easementary rights by prescription, necessity, and under an agreement, asserting they have no alternative access to their land - The Respondent’s deny the Appellant 's uninterrupted use of the road an India Law Library Docid # 1604076
(71) THE VVF LTD. EMPLOYEES UNION Vs. M/S. VVF INDIA LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024 Industrial Law – Wages - The case involves wage revisions for Appellant-Company employees, originating from a charter of demand raised in 2008 - The dispute led to appeals against a High Court judgment on wage and allowance adjustments - The main issues revolve around the revision of pay scales, allowances, and the comparability of the employer's units for wage determination - The union argued that their submissions on certain allowances were not considered in the main judgment and sought a revi India Law Library Docid # 1604077
(72) KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. Vs. THIYYURKUNNATH MEETHAL JANAKI AND OTHERS [SUPREME COURT OF INDIA] 09-04-2024 Suit for Partition - The case involves a partition suit over property in Kerala, with claims based on a series of historical deeds and the applicable succession law - The main issue is whether ‘C’ had any title over the property which the plaintiff claimed through a series of transactions - The appellants (defendants in the original suit) contested the plaintiff's claim to the property, arguing that ‘C’ lost her rights upon remarriage as per the Hindu Widow's Remarriage Act, 1856 - The responden India Law Library Docid # 1604063
(73) M/S RAJCO STEEL ENTERPRISES Vs. KAVITA SARAFF AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2024 Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque - The petitioner, a firm dealing in iron and steel, challenged the acquittal of the respondent related to dishonored cheques under Section 138 of the Act, 1881 - The core issue was whether the cheques were issued in discharge of a legally enforceable debt and if the respondent could rebut the presumption under Section 118 and Section 139 of the 1881 Act - The petitioner argued that all ingredients of Section 138 were satisfied India Law Library Docid # 1604064
(74) KARIKHO KRI Vs. NUNEY TAYANG AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2024 Representation of the People Act, 1951 - Section 100(1)(d)(iv) - Appellant-Karikho Kri won the 2019 election for the Arunachal Pradesh Legislative Assembly – Respondent challenged the election results, claiming improper acceptance of Kri's nomination due to non-disclosure of certain assets and dues - The court examined whether Kri's non-disclosure of assets and dues in his affidavit affected the validity of his nomination and the election outcome – Respondent argued that Kri's nomination was im India Law Library Docid # 1604065
(75) AABID KHAN Vs. DINESH AND OTHERS [SUPREME COURT OF INDIA] 09-04-2024 Motor Accident Claim – Enhancment of Compensation - The appellant challenged the compensation awarded by the Motor Accidents Claims Tribunal, which was enhanced by the High Court of Madhya Pradesh - The main issue was whether the appellant is entitled to an enhancement of compensation - The appellant contended that the compensation awarded was on the lower side and should be enhanced - The Supreme Court enhanced the compensation, accepting the 17% whole body disability as certified by the doctor India Law Library Docid # 1604066
(76) SMT. NAJMUNISHA SOLE APPELLANT IN CRIMINAL APPEAL NO. 2319 OF 2009 AND ABDUL HAMID CHANDMIYA ALIAS LADOO BAPU SOLE APPELLANT IN CRIMINAL APPEAL NO.2320 OF 2009 Vs. THE STATE OF GUJARAT AND OTHER [SUPREME COURT OF INDIA] 09-04-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 29 read with 20(b)(ii)(c) and 25, 67, 41 to 44 - The case involves appeals by Appellants against their convictions under the NDPS Act 1985 for drug trafficking - The appeals challenge the legality of the search and seizure, the admissibility of statements under Section 67 of the NDPS Act, and the compliance with procedural requirements - The appellants argue that the search was illegal, the statements under Section 67 are inadmissib India Law Library Docid # 1604067
(77) K.B. LAL (KRISHNA BAHADUR LAL) Vs. GYANENDRA PRATAP AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Civil Procedure Code, 1908 - Order 9 Rule 7 - Limitation Act, 1963 - Section 5 – Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance - The dispute involves a piece of land in Barabanki, sold twice in 2006, leading to a civil suit for injunction and cancellation of the sale deed - The appellant challenged the trial court's ex-parte order and sought to recall it after a delay of 14 years, which was dismissed by all Courts - The appellant India Law Library Docid # 1604054
(78) KARIM UDDIN BARBHUIYA Vs. AMINUL HAQUE LASKAR AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Representation of the People’s Act, 1951 - Sections 83(1)(a), 100(1)(b) and 100(1)(d)(i) - False declaration of educational qualifications and suppression of financial information – The appeal concerns the dismissal of an application under Order VII Rule 11 CPC by the Gauhati High Court, which was filed by the appellant seeking rejection of an Election Petition by the respondent - The main issue is whether the Election Petition filed by the respondent discloses a cause of action and contains all India Law Library Docid # 1604055
(79) VITTHALRAO MAROTIRAO NAVKHARE Vs. NANIBAI (DEAD), THROUGH LRS, AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Evidence Act, 1872 - Sections 32(3) and 32(5) - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is Relevant - The appellant filed for partition and separate possession of properties, including houses and agricultural lands, claiming they were part of a joint family business - The primary issue was whether the properties were ancestral and part of a joint family business, entitling the appellant to a share - The appellant argued that the properties were p India Law Library Docid # 1604056
(80) VIPIN SAHNI AND ANOTHER Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 08-04-2024 Criminal Procedure Code, 1973 - Section 482 – Penal Code, 1860 (IPC) - Sections 420 and 120B - Cheating in Land Mortgage - The appellants established a society for technical education and acquired land for educational institutions - They sought AICTE approval, disclosing a bank loan and land mortgage in the first application but not in subsequent ones - The CBI alleged the appellants obtained AICTE approval deceitfully, violating AICTE norms that require land to be unencumbered - The CBI contend India Law Library Docid # 1604057