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(121) UMA AND ANOTHER Vs. THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE [SUPREME COURT OF INDIA] 22-10-2024
Penal Code, 1860 (IPC) — Sections 302 — Murder of Wife by Husband, aunt, and uncle accused — Victim strangled and poisoned to look like suicide — Trial court acquitted due to lack of direct evidence and implausible motive — High Court reversed, citing flawed reasoning — Re-evaluated evidence (medical reports, witness testimonies), proving guilt — Supreme Court upheld High Court's decision — Circumstantial evidence and medical reports established guilt — Accused failed to
India Law Library Docid # 2418954

(122) HDFC BANK LTD. Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 22-10-2024
Penal Code, 1860 (IPC) — Sections 34, 37, 120B, 201, 206, 217, 406, 409, 420 and 462 — Appellant-Bank officials allowed a customer to operate a bank locker despite a restraining order from the Income Tax Department — Whether the FIR against appellant-Bank officials for violating the restraining order should be quashed — Appellant-Bank argues that the FIR does not disclose any mens rea or specific allegations of collusion — The bank officials misinterpreted the revocation order — Respondent state
India Law Library Docid # 2418955

(123) HORRMAL (DECEASED) THROUGH HIS LRS AND OTHERS Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Land Acquisition Act, 1894 — Sections 4, 6 and 18 — Haryana Urban Development Authority Act, 1977 — The case involves expropriated landowners seeking higher compensation for their acquired lands — The land was acquired for public purposes — Whether the appellants are entitled to a higher rate of compensation and how the quantum of such compensation should be calculated — The appellants argued that the acquired land had immense potential due to its strategic
India Law Library Docid # 2418823

(124) HARYANA URBAN DEVELOPMENT AUTHORITY Vs. ABHISHEK GUPTA ETC. [SUPREME COURT OF INDIA] 21-10-2024
Land Acquisition Act, 1894 — Section 5A — Hearing of Objections — The Haryana Urban Development Authority (HUDA) issued a notification in 1999 to acquire land for development — The respondents objected, citing authorized constructions and state policies — Discrimination in land acquisition, maintainability of appeals, and the doctrine of merger — Petitioner argues that the constructions were unauthorized, the Collector's recommendation was not binding, and the acquisition
India Law Library Docid # 2418824

(125) MAFABHAI MOTIBHAI SAGAR Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 432 — Penal Code, 1860 (IPC) — Section 302 read with Sections 147 and 148 — Power to impose conditions on remission — The appellant was convicted under Section 302 IPC and sentenced to life imprisonment in 2008 — He sought parole and remission of his sentence, which was granted with conditions by the Gujarat government — Petitioner argues that the conditions, especially the requirement to behave "decently," are vague and arbitrary, violating Articl
India Law Library Docid # 2418881

(126) CENTRAL WAREHOUSING CORPORATION AND ANOTHER Vs. M/S SIDHARTHA TILES AND SANITARY PVT. LTD [SUPREME COURT OF INDIA] 21-10-2024
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Arbitration and Conciliation Act, 1996 — Section 11(6) — The case involves a lease agreement between appellant and respondent for storage space — Disputes arose over revised storage charges and renewal of the lease — Whether the Public Premises Act, 1971 overrides the Arbitration and Conciliation Act, 1996, and whether the High Court erred in appointing an arbitrator under Section 11 of the Arbitration Act — The Supreme Court dismi
India Law Library Docid # 2418882

(127) S. P. PANDEY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Air Force Act, 1950 — Section 83 — Admonition — The appellant, an Airman in the Indian Air Force, was punished for overtaking vehicles at a railway crossing and using insubordinate language — The initial punishment was expunged, but a second trial led to another admonition — The appellant challenged the second admonition and sought compensation for wrongful punishment and harassment — The Supreme Court agreed with the appellant, set aside the second admonition, and awarded compensation of Rs. 1
India Law Library Docid # 2418883

(128) RATILAL JHAVERBHAI PARMAR AND OTHERS Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Constitution of India, 1950 — Article 21 — Promptness in delivering judgments —The court reiterates the need for promptness in delivering judgments, as emphasized in previous decisions, and states that delays in delivering judgments can be a violation of Article 21 of the Constitution
India Law Library Docid # 2418884

(129) K.C.KAUSHIK AND OTHERS Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Haryana Civil Services (Revised Pension) Part I Rules, 2009 — Rule 6 — Interest on the delayed payment of revised pensions — The appellants, retired lecturers/principals from Government Aided Private Colleges in Haryana, sought revised pensions on par with Government College lecturers, effective from 01.01.2006, with interest on delayed payments — Whether the appellants are entitled to interest on the delayed payment of revised pensions — The appellants argued that they were entitled to interest
India Law Library Docid # 2418885

(130) LENIN KUMAR RAY Vs. M/s. EXPRESS PUBLICATIONS (MADURAI) LTD [SUPREME COURT OF INDIA] 21-10-2024
Industrial Disputes Act, 1947 — Section 2(s) — “Workman” — Appellant, initially appointed as Junior Engineer, was promoted to Assistant Engineer and later terminated without notice — He challenged his termination, leading to a Labour Court ruling for his reinstatement and compensation —Whether appellant qualifies as a "workman" under the Industrial Disputes Act and if his termination was lawful —Appellant argued he was wrongfully terminated without due process and should be reinstated with full
India Law Library Docid # 2418886

(131) SHYAM NARAYAN RAM Vs. STATE OF U.P. AND ANOTHER ETC. [SUPREME COURT OF INDIA] 21-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 294 — Application of — The court clarified that if the genuineness of any document filed by a party is not disputed by the opposite party, it can be read as substantive evidence under sub-section (3) of Section 294 CrPC.
India Law Library Docid # 2418887

(132) YASHODEEP BISANRAO VADODE Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 21-10-2024
Penal Code, 1860 (IPC) — Sections 498-A, 304-B, 306 and 406 read with Section 34— Cruelty — The appellant was convicted for cruelty towards his sister-in-law, ‘R’, who died under suspicious circumstances — Whether the appellant's conviction under Section 498-A, IPC, was justified given the lack of specific evidence against him — The appellant argued that he was not a relative of the deceased during the alleged period of cruelty and that there was no specific evidence against him — The
India Law Library Docid # 2418888

(133) RAGHUL DINESH AND OTHERS Vs. THE SUB INSPECTOR OF POLICE AND OTHERS[SUPREME COURT OF INDIA] 21-10-2024
Penal Code, 1860 (IPC) — Section 498A — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Appeal against an FIR filed by the wife of the first appellant, alleging harassment — Quashing of chargesheet — Whether the High Court was correct in dismissing the petition to quash the chargesheet and further proceedings — The petitioners argued that the accusations were vague and lacked specific details, making the continuation of proceedings an abuse of the court's process — The second respondent, de
India Law Library Docid # 2419455

(134) AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA Vs. DELHI INTERNATIONAL AIRPORT LTD. AND OTHERS [SUPREME COURT OF INDIA] 18-10-2024
Airport Economic Regulatory Authority of India Act 2008 — Sections 3 and 31 — The Airports Economic Regulatory Authority (AERA) challenged judgments of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) regarding tariff determination for aeronautical services — Whether AERA, a quasi-judicial body, can file an appeal against TDSAT's judgment — AERA argued that it has the right to appeal under Section 31 of the AERA Act — The respondents contended that AERA, being a quasi-judicial body
India Law Library Docid # 2418763

(135) SALIL R. UCHIL Vs. VISHU KUMAR AND OTHERS [SUPREME COURT OF INDIA] 18-10-2024
Bank Loan — Auction — Solatium — Co-operative Bank, granted a business loan of Rs. 25,00,000 to respondents 1, 2, 5, and 6 — Upon default, the bank initiated recovery proceedings before the Assistant Registrar of Co-operative Societies, who awarded Rs. 21,92,942 with interest to the bank — The borrowers' property was auctioned, with the appellant offering the highest bid of Rs. 81,20,000 — A sale confirmation certificate was issued, but the 1st and 2nd respondents challenged the auction in the K
India Law Library Docid # 2418819

(136) UNION OF INDIA Vs. PRANAV SRINIVASAN [SUPREME COURT OF INDIA] 18-10-2024
Citizenship Act, 1955 — Section 9(1) — Voluntary acquisition of foreign citizenship by Indian citizens leads to automatic termination of Indian citizenship.
India Law Library Docid # 2418820

(137) ASIM AKHTAR Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 18-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 319 — The court has discretion to decide the application under section 319 CrPC before or after cross-examination, depending on the satisfaction of the Court.
India Law Library Docid # 2418821

(138) SOCIETY FOR ENLIGHTENMENT AND VOLUNTARY ACTION AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 18-10-2024
Child Marriages — Restraint of — The petitioner, an NGO, argues that despite the Prohibition of Child Marriage Act, child marriages remain prevalent in India —They seek stronger enforcement and support systems for child brides —The main issue is the failure of authorities to prevent child marriages and the need for effective guidelines and enforcement mechanisms — The petitioner highlights the high rate of child marriages, the ineffectiveness of Child Marriage Prohibition Officers (CMPOs), and t
India Law Library Docid # 2418822

(139) VISHWAJEET KERBA MASALKAR Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 17-10-2024
Penal Code, 1860 — Sections 302, 307 and 201 — Murder of mother, wife, and daughter, and the attempt to murder of neighbor — Circumstantial Evidence — The main issue was whether the appellant was guilty of the murders and attempted murder, and whether the death penalty was warranted — The appellant argued that the evidence, particularly the testimony of the injured neighbor, was unreliable and that the recoveries of the hammer and clothes were not credible — The State argued that the evidence,
India Law Library Docid # 2418760

(140) SAJEENA IKHBAL AND OTHERS Vs. MINI BABU GEORGE AND OTHERS [SUPREME COURT OF INDIA] 17-10-2024
Motor Accident Claims — The court emphasized that in motor accident cases, the court should apply the principle of preponderance of probability, not proof beyond reasonable doubt — The burden of proof is on the claimant to prove their case on a balance of probabilities.
India Law Library Docid # 2418761