(1) UP ROADWAYS RETIRED OFFICIALS AND OFFICERS ASSOCIATION Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 26-07-2024 Service Law — Pension — Former employees of the UPSRTC — The Supreme Court has dismissed a batch of civil appeals challenging the pension entitlement of former employees of the Uttar Pradesh State Road Transport Corporation (UPSRTC) — The court held that only those employees who were absorbed from the State Government and held permanent posts prior to their absorption in the UPSRTC are entitled to pension — The court also set aside orders passed by the Allahabad High Court that extended pensiona India Law Library Docid # 1604303
(2) MINERAL AREA DEVELOPMENT AUTHORITY AND ANOTHER Vs. M/S STEEL AUTHORITY OF INDIA AND ANOTHER ETC. [SUPREME COURT OF INDIA] 25-07-2024 The case revolves around the question of whether royalty, as defined under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), is a tax or an exaction — The majority opinion holds that royalty is not a tax but a payment for the extraction of minerals from land — It also concludes that the State's power to impose taxes on mineral rights is subject to any limitations imposed by Parliament under Entry 50 of List II of the Seventh Schedule of the Constitution. India Law Library Docid # 1604301
(3) SHRI GURUDATTA SUGARS MARKETING PVT. LTD. Vs. PRITHVIRAJ SAYAJIRAO DESHMUKH AND OTHERS [SUPREME COURT OF INDIA] 24-07-2024 Negotiable Instruments Act, 1881 — Section 143A — Supreme Court upheld the decision of the Bombay High Court regarding the interpretation of Section 143A of the Act 1881 — The High Court had held that an authorized signatory of a company is not a "drawer" of a cheque within the meaning of Section 143A of the NI Act —The Supreme Court analyzed the provisions of the NI Act and the legal precedents on the subject, and concluded that the primary liability for an offence under Section 138 of the NI A India Law Library Docid # 1604302
(4) PARVINDER SINGH KHURANA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 23-07-2024 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483(3) — Prevention of Money Laundering Act, 2002 — Sections 4 and 44(1)(b) — The Supreme Court has set aside orders of the Delhi High Court that stayed the bail granted to appellant accused in a money laundering case — The court observed that the power to grant an interim stay of an order granting bail can only be exercised in exceptional cases where a strong prima facie case of the existence of grounds for cancellation of bail is made out — Th India Law Library Docid # 1604293
(5) M/S NAVAYUGA ENGINEERING CO. LTD. Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 23-07-2024 Customs Act, 1962 — Sections 28, 28AB and 125 — When goods are confiscated under Section 125 of the Act, 1962, and later redeemed by paying a fine, the owner of the goods is liable to pay customs duty under Section 28 of the Act — This duty obligation arises only after the option to pay the fine is exercised, and it is a precondition for redemption — The court also held that the interest on delayed payment of duty under Section 28AB of the Act is also applicable in such cases India Law Library Docid # 1604294
(6) BRS VENTURES INVESTMENTS LTD. Vs. SREI INFRASTRUCTURE FINANCE LTD. AND ANOTHER [SUPREME COURT OF INDIA] 23-07-2024 Insolvency and Bankruptcy Code, 2016 — Section 7 — Appellant provided a corporate guarantee for a loan to Gujarat Hydrocarbon and Power SEZ Ltd. (corporate debtor) — After the debtor defaulted, the appellant paid Rs. 38.87 crores under a resolution plan — The appellant then sought to recover the entire amount from the debtor, arguing subrogation — Both the National Company Law Appellate Tribunal and the Supreme Court dismissed the appeal, stating that the payment did not discharge the debtor's l India Law Library Docid # 1604295
(7) BIHAR STATE ELECTRICITY BOARD AND OTHERS Vs. DHARAMDEO DAS [SUPREME COURT OF INDIA] 23-07-2024 Service Law — Promotion — Dispute regarding the date of promotion to the post of Joint Secretary — The respondent claimed that he should be promoted from the post of Under Secretary to Joint Secretary with effect from 29th July, 1997, when the post had fallen vacant, instead of 5th March, 2003, which was the date of his actual promotion — The High Court of Patna upheld the respondent's claim and directed the Board to promote the respondent to the post of Joint Secretary with effect from 29th Jul India Law Library Docid # 1604296
(8) UNION OF INDIA AND OTHERS Vs. SHISHU PAL @ SHIV PAL [SUPREME COURT OF INDIA] 23-07-2024 Service Law — Termination — The Supreme Court upheld the termination of a CRPF constable's services for concealing information about pending criminal cases against him in his verification roll — The court held that the CRPF constable had deliberately withheld material information from the CRPF while filling up the verification roll, despite being aware of the FIR registered against him and the ensuing criminal cases — The court noted that the standard of rectitude to be applied to any person see India Law Library Docid # 1604297
(9) GENE CAMPAIGN AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024 Genetically Modified Organisms — Regulation and approval of genetically modified organisms — Environmental release of transgenic mustard hybrid DMH-11 — The Supreme Court has quashed the approval of the environmental release of transgenic mustard hybrid DMH-11, developed by the Centre for Genetic Manipulation of Crop Plants (CGMCP) at the University of Delhi — The court found that the decision-making process was arbitrary and violated the precautionary principle — The court directed the governme India Law Library Docid # 1604298
(10) VANSHIKA YADAV Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024 NEET Examination — Supreme Court ruled that a fresh NEET (UG) 2024 examination is not necessary, and the results of the examination should be declared as valid, subject to certain modifications — The Court found no systemic breach in the sanctity of the examination and no conclusive material to lead to the conclusion that the entire result stands vitiated or that there was a systemic leak of the question paper — The Court allowed students with individual grievances to pursue their rights and re India Law Library Docid # 1604299
(11) RAJINDER KAUR (DECEASED) THROUGH LEGAL HEIR USHA Vs. GURBHAJAN KAUR (DECEASED) THROUGH LRS UPINDER KAUR AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024 Suit for Partition of a jointly owned property — The property was sold to various buyers during the litigation —The main issues are the partition of the property, the rendition of accounts by co-sharers, and the assessment of rent for the portions in possession of certain defendants —The Supreme Court set aside the High Court's judgment, directing the defendants to render accounts and/or contribute rent as assessed by the Trial Court — The Trial Court is directed to expedite the proceedings and India Law Library Docid # 1604300
(12) S. TIRUPATHI RAO Vs. M. LINGAMAIAH AND OTHERS[SUPREME COURT OF INDIA] 22-07-2024 Property/Land Dispute — The case involves a complex legal dispute over land known as 'Asman Jahi Paigah,' with multiple parties and decisions by judicial and quasi-judicial authorities — The main issues are whether the High Court's review jurisdiction was correctly exercised and whether the contempt petition was time-barred — The petitioner argued that the review was granted without a hearing, relied on additional documents without rebuttal, and exceeded the review jurisdiction — The respondent India Law Library Docid # 1604292
(13) KAUSHIK NARSINHBHAI PATEL AND OTHERS Vs. M/S. S.J.R. PRIME CORPORATION PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 22-07-2024 Consumer Law — Housing — Delay in delivery of the possession of the Flats — Formula for calculating compensation — The Supreme Court has modified the formula for calculating compensation for delay in handing over possession of flats in a case involving 46 complainants against a builder — The court found that the National Consumer Disputes Redressal Commission (NCDRC) erred in its calculation by not considering the agreed-upon due date for possession in the construction agreement — The court orde India Law Library Docid # 1604290
(14) AMIT RANA @ KOKA AND ANOTHER Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 22-07-2024 Penal Code, 1860 (IPC) — Sections 307 and 34 — Attempt to murder — The Supreme Court has ruled that a person convicted under Section 307 of the IPC, cannot be sentenced to more than 10 years of rigorous imprisonment — The Court clarified that the maximum sentence for the offence is "imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine" — The ruling came in an appeal filed by two individuals who were sentenced to 14 years of rigorous impri India Law Library Docid # 1604291
(15) KAUSHIK PREMKUMAR MISHRA AND ANOTHER Vs. KANJI RAVARIA @ KANJI AND ANOTHER [SUPREME COURT OF INDIA] 19-07-2024 Contract Act, 1872 — Section 11 — The Supreme Court has ruled that sale deed executed in 1985, which was not registered until 2011 due to a deficiency in stamp duty, is valid and transfers ownership rights — The court held that the doctrine of "bona fide purchaser for value without notice" does not apply in this case, as the subsequent purchaser was aware of the earlier transaction and the property was already in possession of the original purchasers — The court also noted that the failure to re India Law Library Docid # 1604288
(16) M/S REWA TOLLWAY P. LTD. Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 19-07-2024 Stamp (M.P.) Act, 2002 — Article 33 Clause (C)(c) Schedule 1(A) — Stamp Act, 1899 — Sections 48 and 48(B) — Concession Agreements — The Supreme Court of India has upheld the decision of the Madhya Pradesh High Court, which declared that Concession Agreements under the Build, Operate, and Transfer (BOT) Scheme are leases and are subject to stamp duty — The court rejected the appellants' arguments that the agreements are bonds or licenses and that they should be exempt from stamp duty — The court India Law Library Docid # 1604289
(17) SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 18-07-2024 Penal Code, 1860 (IPC) — Sections 489B and 489C — Unlawful Activities (Prevention) Act, 1967 — Section 16 — Smuggling of counterfeit currency notes into India from Nepal — Petitioner had been in custody for over nine years, and only two witnesses had been examined during the trial — The court noted that continued incarceration could not be justified and set bail conditions — The court emphasized that the right to life and personal liberty enshrined in Article 21 of the Constitution of India is o India Law Library Docid # 1604282
(18) SBI GENERAL INSURANCE CO. LTD. Vs. KRISH SPINNING [SUPREME COURT OF INDIA] 18-07-2024 Arbitration and Conciliation Act, 1996 — Where, under an appointment procedure agreed upon by the parties — Section 11(6) —The Supreme Court has clarified the scope of judicial scrutiny under Section 11(6) of the Act, 1996 — The court held that the court's role in appointing an arbitrator is limited to examining the existence of an arbitration agreement and not to delve into the merits of the dispute or the validity of the agreement — The court further clarified that the issue of whether a claim India Law Library Docid # 1604283
(19) BIHAR STAFF SELECTION COMMISSION AND ANOTHER Vs. HIMAL KUMARI AND ANOTHER ETC. [SUPREME COURT OF INDIA] 16-07-2024 Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also r India Law Library Docid # 1604281
(20) THE STATE OF MEGHALAYA Vs. LALRINTLUANGA SAILO AND ANOTHER [SUPREME COURT OF INDIA] 16-07-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Bail — Mandatory conditions — The Court found that the bail order failed to adhere to the mandatory conditions under Section 37(1)(b)(ii) of the NDPS Act, which requires the court to ensure that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while on bail — The court emphasized that the provisions under Section 37 of the NDPS Act India Law Library Docid # 1604287