ive
(1) BHAGWAN SINGH Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 20-09-2024 High standard of professionalism and legal acumen — The court emphasized that a high standard of professionalism and legal acumen is expected from advocates, particularly senior advocates appearing in the highest court of the country — They are expected to diligently verify the facts from the record of the case and use their legal acumen for which they are engaged. India Law Library Docid # 2417864
(2) KAMAL KISHORE SEHGAL (D) THR. LRS. AND OTHERS Vs. MURTI DEVI (DEAD) THR. LRS. [SUPREME COURT OF INDIA] 19-09-2024 Interpretation of Sale Deeds — The court emphasized the principle that when the language of a document, such as a sale deed, is clear and unambiguous, the court should assign the common literary meaning without resorting to inference — Express terms in a document take precedence over surrounding circumstances. India Law Library Docid # 2417865
(3) THE SECRETARY, PUBLIC WORKS DEPARTMENT AND OTHERS Vs. TUKARAM PANDURANG SARAF AND OTHERS [SUPREME COURT OF INDIA] 19-09-2024 Interpretation of Awards — The court clarified that an award should be interpreted in a manner that gives effect to the intention of the parties and the terms of the agreement — In this case, the court upheld the interpretation of the Kalelkar Award by the Industrial Court and the High Court, which granted holiday benefits and overtime pay to the respondent-employees. India Law Library Docid # 2417866
(4) SUSHMA Vs. NITIN GANAPATI RANGOLE AND OTHERS [SUPREME COURT OF INDIA] 19-09-2024 Motor Accident Claims — Contributory Negligence — The court held that the driver of the car involved in the accident cannot be held jointly responsible for the accident, as the offending truck was parked illegally in the middle of the road without any precautionary measures taken by the truck driver — The court emphasized that contributory negligence cannot be presumed and must be established by clear and convincing evidence. India Law Library Docid # 2417867
(5) SAHEB S/O MAROTI BHUMRE ETC. Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 18-09-2024 Penal Code, 1860 (IPC) — Sections 148, 302 and 324 read with Section 149 — Standard of Proof in Criminal Cases — The court reiterates that the guilt of an accused must be proved beyond reasonable doubt — Any doubt, no matter how slight, must benefit the accused — The prosecution's case must be examined meticulously to ensure that the evidence presented is reliable and sufficient to establish guilt. India Law Library Docid # 2417806
(6) RAMESH AND ANOTHER Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 18-09-2024 Power of Appellate Court in Appeals against acquittal — The court reiterates that an appellate court under the CrPC has full power to review, reappreciate, and reconsider the evidence upon which an order of acquittal is founded — There are no limitations or restrictions on this power, and the appellate court can reach its own conclusion on questions of fact and law. India Law Library Docid # 2417807
(7) RABINA GHALE AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-09-2024 Armed Forces (Special Powers) Act, 1958 (AFSPA) — Section 6— Necessity of prior sanction from the Central Government for instituting any prosecution, suit, or other legal proceedings — The petitions were filed by the wives of Indian Army officers to quash an FIR and related proceedings against their husbands and other personnel of 21 PARA (SF) for an incident in Nagaland on December 4, 2021, which led to multiple deaths — The main issue was whether the FIR and subsequent proceedings could contin India Law Library Docid # 2417750
(8) ARVIND KEJRIWAL Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 13-09-2024 Bail is the rule, jail is the exception — The court reiterated the principle that bail is the rule and jail is the exception, emphasizing that personal liberty is a fundamental right under the Constitution and must be protected. India Law Library Docid # 2417594
(9) SRI SIDDARAJA MANICKA PRABHU TEMPLE Vs. THE IDOL OF ARULMIGHU KAMAKALA KAMESHWARAR TEMPLE [SUPREME COURT OF INDIA] 13-09-2024 Dispute over the ownership of a property —The Appellant-Defendant claimed absolute ownership of the suit property, while the Respondent-Plaintiff-Temple claimed it was a trust property — The court analyzed the terms of the Compromise Decree dated 26.11.1929, which required modifications to the Trust Deed dated 12.12.1917 in case the property was to be a trust property — The court found that the suit property, along with other properties, was conveyed to the Appellant-Defendant for the purposes o India Law Library Docid # 2417645
(10) TALLURI SRIKAR (MINOR) THROUGH HIS FATHER TALLURI SRIKRISHNA Vs. THE DIRECTOR, NATIONAL TESTING AGENCY AND OTHERS [SUPREME COURT OF INDIA] 13-09-2024 NEET(UG)-2024 — Re-examination — Balancing rights of individual candidates with the need for maintaining the integrity and fairness of public examinations, and the principle of judicial restraint in such matters — Scope of Judicial Review in Public Examinations — The Court reaffirmed that courts must exercise caution while entertaining individual grievances related to public examinations — Interference in the conduct and evaluation of examinations should be limited to cases of patent illegality, India Law Library Docid # 2417646
(11) S.D. MANOHARA Vs. KONKAN RAILWAY CORPORATION LIMITED AND OTEHRS [SUPREME COURT OF INDIA] 13-09-2024 Service Law — Resignation Withdrawal Before Acceptance — The court reaffirmed the well-established principle that a resignation can be withdrawn before it is accepted by the employer — This principle is consistent with previous judgments such as ‘Suman vs Jain vs Marwadi Sammelan’ (2024 SCC OnLine SC 161), ‘Air India Express Limited vs Captain Gurdarshan Kaur Sandhu' (2019) 17 SCC 129, ‘Srikantha S.M. vs Bharath Earth Movers Limited' (2005) 8 SCC 314, ‘Balram Gupta vs Union of India' (1987 Supp India Law Library Docid # 2417647
(12) KUKREJA CONSTRUCTION COMPANY AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 13-09-2024 Maharashtra Regional and Town Planning Act, 1966 — Section 126 — Acquisition of land required for public purposes specified in plans — The Supreme Court clarified that the right to compensation for land acquired for public purposes is a constitutional right under Article 300-A of the Constitution — The court held that delay in seeking compensation does not necessarily result in the abandonment of the claim, and any amendment to a regulation or law should be construed as prospective — When land i India Law Library Docid # 2417648
(13) KIMNEO HAOKIP HANGSHING Vs. KENN RAIKHAN AND OTHERS [SUPREME COURT OF INDIA] 13-09-2024 Representation of the People Act, 1951 — Section 83(1)(a) and 83(1)(b) — Substantial Compliance — The Court held that an Election Petition should not be rejected at the threshold if there is substantial compliance with the requirements of Section 83(1)(a) and 83(1)(b) of the RPA, which mandate a concise statement of material facts and particulars of any corrupt practices alleged against the returned candidate — Substantial compliance with the statutory provisions regarding the content of an Elec India Law Library Docid # 2417649
(14) RASHMI KANT VIJAY CHANDRA AND OTHERS Vs. BAIJNATH CHOUBEY AND COMPANY [SUPREME COURT OF INDIA] 13-09-2024 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Section 100 CPC — The High Court's jurisdiction under Section 100 CPC, as amended in 1976, is limited to cases involving substantial questions of law The High Court must frame these questions at the time of admission of the second appeal and decide the appeal based solely on these questions —Failure to follow this procedure renders the judgment unsustainable. India Law Library Docid # 2417650
(15) JASEELA SHAJI Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-09-2024 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Sections 3(1), 8(b), 5A — Foreign Exchange Management Act, 1999 — Section 37 — Constitution of India, 1950 — Article 22(5) — Detention — Set aside of — The court found that the man's right to make an effective representation under Article 22(5) was violated due to the non-supply of statements made by a witness to the detenu — The court also noted that there was a delay of almost nine months in deciding the repres India Law Library Docid # 2417524
(16) PUNE MUNICIPAL CORPORATION Vs. SUS ROAD BANER VIKAS MANCH AND OTHERS [SUPREME COURT OF INDIA] 12-09-2024 National Green Tribunal Act, 2010 — Section 22 — Maharashtra Regional and Town Planning Act, 1966 — Section 28 — Closure of a garbage processing plant (GPP) — The Supreme Court has allowed the appeals quashing and setting aside the judgments and orders of the National Green Tribunal (NGT) that directed the closure of a garbage processing plant (GPP) — The court found that the NGT's order was unsustainable and against the statutory norms — The court also directed the appellant (Pune Municipal Cor India Law Library Docid # 2417525
(17) ROHAN BUILDERS (INDIA) PRIVATE LIMITED Vs. BERGER PAINTS INDIA LIMITED [SUPREME COURT OF INDIA] 12-09-2024 Arbitration and Conciliation Act, 1996 — Section 29A(4) and 29A(5) — An application for extension of time for making an arbitral award under Section 29A(4) read with Section 29A(5), is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be — The court while adjudicating such extension applications will be guided by the principle of sufficient cause — The court's power to extend the time period for making of the award vests with the court, and India Law Library Docid # 2417595
(18) RAVINDER KUMAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 12-09-2024 Penal Code, 1860 (IPC) — Section 26 — Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — Sections 23 and 30(1) — Interpretation of “Reason to Believe” — The Court clarified that the expression “reason to believe” requires a reasonable basis for forming a belief, not absolute certainty — The Court emphasized that in the context of the Act, which aims to prevent sex selection and female foeticide, a proactive approach should be taken by India Law Library Docid # 2417596
(19) BEENA AND OTHERS Vs. CHARAN DAS (D) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 11-09-2024 Himachal Pradesh Urban Rent Control Act, 1971 — Section 14 — Eviction of Tenants — Interpretation of Consent Orders in Rent Control Proceedings — The Court clarified that consent orders in rent control proceedings, particularly those involving eviction applications, are primarily aimed at resolving the dispute between the landlord and tenant regarding possession and tenancy, not at transferring property ownership — A consent order that stipulates a payment by the tenant to the landlord does not India Law Library Docid # 2417526
(20) LAKSHMESH M. Vs. P. RAJALAKSHMI (DEAD BY LRS.) AND ORS. ETC.ETC. AND OTHERS [SUPREME COURT OF INDIA] 11-09-2024 Determination of Title and Ownership— The Court reaffirmed that once the ownership and title of a property are established in favor of a party through a final judgment, any subsequent claim challenging that title must be made through the appropriate legal channels and cannot be decided incidentally in another proceeding. India Law Library Docid # 2417527