ive
Latest Cases

(101) JAGVIR SINGH Vs. STATE OF U.P.[SUPREME COURT OF INDIA] 07-05-2024
Penal Code, 1860 (IPC) – Section 302 – Murder – The main issue is the reliability of eyewitnesses and the identification of the assailants who fired at the victim resulting in his death - The appellant's counsel argued that the eyewitnesses' testimonies are unreliable and that the incident's description is improbable, suggesting that the appellant was falsely implicated - The State opposed the appeal, asserting that the conviction is based on concurrent findings of facts by the trial court and t
India Law Library Docid # 1604144

(102) SUKHPAL SINGH Vs. NCT OF DELHI [SUPREME COURT OF INDIA] 07-05-2024
Penal Code, 1860 (IPC) – Section 302 - Murder of wife - The appeal raises questions about the admissibility of evidence, particularly the statement of a witness recorded under Section 299 CrPC and a confessional note allegedly written by the appellant - The appellant's counsel argued that the trial court erred in admitting the statement of the complainant and questioned the authenticity of the confessional note and the handwriting expert's report - The State contended that the chain of incrimina
India Law Library Docid # 1604145

(103) SHRIPAL AND ANOTHER Vs. KARNATAKA NERAVARI NIGAM LTD. AND ANOTHER [SUPREME COURT OF INDIA] 07-05-2024
Land Acquisition Act, 1894 – Section 4(1) – Determination of fair market value - The appellants, land losers, sought enhanced compensation for their lands acquired for the Hippargi Barrage project in 2007 - The initial compensation was Rs.1,31,263 per acre - The main issue was the determination of fair market value for the acquired irrigated lands - The appellants argued for compensation at the rate of Rs.5,00,000 per acre, citing a precedent where the High Court awarded this amount for similar
India Law Library Docid # 1604146

(104) AMANATULLAH KHAN Vs. THE COMMISSIONER OF POLICE, DELHI AND OTHERS [SUPREME COURT OF INDIA] 07-05-2024
Criminal Law – ‘History Sheet’ - The appellant challenged the inclusion of his minor children's details in a 'History Sheet' and the proposal to declare him a ‘Bad Character’ in the police records - The primary issue was the inclusion of innocent family members, particularly minors, in the 'History Sheet' without any adverse material against them - The appellant argued for the quashing of the 'History Sheet' and the proposal to declare him a 'Bad Character', emphasizing the lack of evidence agai
India Law Library Docid # 1604147

(105) CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 07-05-2024
Penal Code, 1860 (IPC) – Sections 376(i) and 342 - Protection of Children from Sexual Offences Act, 2012 - Sections 4, 5, 6, 7, 8 and 14(3)– The appeal involves a Child in Conflict with Law (CCL) challenging the High Court's order which set aside the Juvenile Justice Board's decision and directed the trial to be conducted by the Children's Court - The core issue is whether the CCL should be tried as a juvenile by the Board or as an adult by the Children's Court, based on the preliminary assessme
India Law Library Docid # 1604148

(106) ABHIMEET SINHA AND OTHERS Vs. HIGH COURT OF JUDICATURE AT PATNA AND OTHERS [SUPREME COURT OF INDIA] 06-05-2024
Judicial Services – Judicial Appointment - The Supreme Court has upheld the validity of the selection process for judicial appointments in Bihar and Gujarat, despite petitions challenging the constitutionality of rules requiring minimum qualifying marks in viva voce - The court found that the rules are contrary to the Shetty Commission's recommendations and violate fundamental rights under Articles 14 and 16 of the Constitution - The selection process is valid, and unsuccessful candidates cannot
India Law Library Docid # 1604141

(107) JATINDER KUMAR SAPRA Vs. ANUPAMA SAPRA [SUPREME COURT OF INDIA] 06-05-2024
Hindu Marriage Act, 1955 - Section 13(1)(ia) – Divorce based on irretrievable breakdown of marriage - Appellant and Respondent were married and had two children - After 14 years, their marriage soured, leading to mutual allegations of ill-treatment and cruelty - The appeal challenges the High Court's dismissal of the appellant's divorce petition, which was originally denied by the Family Court under Section 13(1)(ia) of the Hindu Marriage Act, 1955 - The appellant argued for dissolution of marri
India Law Library Docid # 1604156

(108) ABHIMEET SINHA AND OTHERS Vs. HIGH COURT OF JUDICATURE AT PATNA AND OTHERS [SUPREME COURT OF INDIA] 06-05-2024
Judicial Services – Judicial Appointment - The Supreme Court has upheld the validity of the selection process for judicial appointments in Bihar and Gujarat, despite petitions challenging the constitutionality of rules requiring minimum qualifying marks in viva voce - The court found that the rules are contrary to the Shetty Commission's recommendations and violate fundamental rights under Articles 14 and 16 of the Constitution - The selection process is valid, and unsuccessful candidates cannot
India Law Library Docid # 1604141

(109) JATINDER KUMAR SAPRA Vs. ANUPAMA SAPRA [SUPREME COURT OF INDIA] 06-05-2024
Hindu Marriage Act, 1955 - Section 13(1)(ia) – Divorce based on irretrievable breakdown of marriage - Appellant and Respondent were married and had two children - After 14 years, their marriage soured, leading to mutual allegations of ill-treatment and cruelty - The appeal challenges the High Court's dismissal of the appellant's divorce petition, which was originally denied by the Family Court under Section 13(1)(ia) of the Hindu Marriage Act, 1955 - The appellant argued for dissolution of marri
India Law Library Docid # 1604156

(110) ANEES Vs. THE STATE GOVT. OF NCT [SUPREME COURT OF INDIA] 03-05-2024
Penal Code, 1860 (IPC) – Sections 302 and Exception 4 to Section 300 – Murder - The appellant was convicted for the murder of his wife - The couple had a strained marital relationship, with allegations of dowry demands and harassment - The incident occurred in 1995, with the five-year-old daughter as the sole eyewitness - The defence argued that the incident was a result of a sudden fight, and the appellant should be granted the benefit of Exception 4 to Section 300 of the Indian Penal Code (I
India Law Library Docid # 1604130

(111) ACHIN GUPTA Vs. STATE OF HARYANA AND ANOTHER [SUPREME COURT OF INDIA] 03-05-2024
Penal Code, 1860 (IPC) - Sections 323, 406, 498A and 506 – Cruelty – Quashing of Chargesheet based on an FIR lodged by the appellant's wife - The main issue is whether the criminal proceedings against the appellant should be quashed based on the allegations of dowry harassment and cruelty - The appellant argues that the FIR is vague, general, and lacks specific instances of criminal conduct - It is claimed to be a counterblast to a divorce petition and a domestic violence case, with an unexplain
India Law Library Docid # 1604131

(112) NIRMALA Vs. KULWANT SINGH AND OTHERS [SUPREME COURT OF INDIA] 03-05-2024
Custody of the minor child - The case involves a custody dispute over a minor child ‘G’ after his mother went missing and was later found deceased - The child's father and maternal grandmother are contesting custody – Whether the writ of habeas corpus is maintainable in child custody matters? – The High Court erred in entertaining the habeas corpus petition under Article 226 of the Constitution of India - The writ of habeas corpus is maintainable in child custody matters only if the detention o
India Law Library Docid # 1604132

(113) T.R. VIJAYARAMAN AND OTHERS Vs. THE STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 03-05-2024
Penal Code, 1860 (IPC) - Sections 120-B read with Section 420 – Cheating - The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners - The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions - The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transac
India Law Library Docid # 1604133

(114) STATE OF U.P. AND ANOTHER Vs. MOHAN LAL [SUPREME COURT OF INDIA] 03-05-2024
Limitation Act, 1963 – Section 5 - Condonation of Delay - Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days - The main issue was the condonation of the significant delay in filing the SLP - The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially - The application for condonation of delay was di
India Law Library Docid # 1604134

(115) MAHENDRA NATH SORAL AND ANOTHER Vs. RAVINDRA NATH SORAL AND OTHERS [SUPREME COURT OF INDIA] 03-05-2024
Partition Suit - The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur - The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers - The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers - The respondents maintain tha
India Law Library Docid # 1604135

(116) DR. RANBEER BOSE AND ANOTHER Vs. ANITA DAS AND ANOTHER [SUPREME COURT OF INDIA] 03-05-2024
West Bengal Municipal(Building) Rules, 2007 - Rule 50 - Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta's order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 - The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court - They also claim that municipal authorities are unfairly
India Law Library Docid # 1604136

(117) SMITA SHRIVASTAVA Vs. THE STATE OF MADHYA PRADESH AND OTHERS ETC. [SUPREME COURT OF INDIA] 03-05-2024
Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 - Sections 70(2) and 95(1) – Madhya Pradesh Panchayat Samvida Shala Shikshak(Employment and Conditions of Contract) Rules, 2005 – Rule 7A - Appointment – Denial of - Appellant was denied appointment as Samvida Shala Shikshak Grade-III despite passing the selection exam and the High Court's ruling in her favor - The main issue was the State Government's refusal to appoint the appellant based on amended rules, which were applied retrosp
India Law Library Docid # 1604137

(118) KANIHYA @ KANHI (DEAD) THROUGH LRS. Vs. SUKHI RAM AND OTHERS [SUPREME COURT OF INDIA] 03-05-2024
Pre-emption Suit - The case revolves around a dispute over land in Haryana, where a pre-emption suit was filed and decreed, requiring a deposit of Rs. 9,214 minus 1/5th already deposited. The appellants deposited Rs. 7,600 instead of Rs. 7,614 due to a calculation error. The main issue was whether the appellants should suffer for a minor deficit due to a bona fide error and if the court can extend the time for deposit in such cases. The appellants argued that the error was not intentional and ev
India Law Library Docid # 1604138

(119) CHANDER BHAN (D) THROUGH LR SHER SINGH Vs. MUKHTIAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 03-05-2024
Transfer of Property Act, 1882- Sections 41 and 52 – Sale deed executed during the pendency of a suit for permanent injunction is invalid under the principle of lis pendens - The court held that the doctrine of lis pendens applies to maintain status quo and prevent multiple proceedings by parties in different forums - The court further clarified that even if Section 52 of the Transfer of Property Act is not applicable in its strict sense, the principles of lis pendens, which are based on justice
India Law Library Docid # 1604139

(120) ALAUDDIN AND OTHERS Vs. THE STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 03-05-2024
Penal Code, 1860 (IPC) – Section 302 read with 149 – Murder – Acquittal - The court found that the prosecution failed to provide reliable evidence linking the appellants to the crime, and the testimony of eyewitnesses was inconsistent and contradictory - The court also noted that the theory of "last seen together" was not sufficient to establish guilt, as the deceased was seen in the company of other individuals after being seen with the accused - The court set aside the convictions of the appel
India Law Library Docid # 1604140