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(121) KARNAIL SINGH Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 16-05-2024
Haryana Village Common Lands (Regulation) Act, 1961 - 2(g)(6) - shamilat deh lies outside the abadi deh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately before the commencement of this Act – The review petition filed by respondent No.28 seeks to review a Supreme Court judgment that allowed a civil appeal by the State of Haryana - The main issues include review jurisdiction, the Full Bench of the High Court's judgment in Jai Singh II, and the application
India Law Library Docid # 1604188

(122) PRABIR PURKAYASTHA Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 15-05-2024
Unlawful Activities (Prevention) Act, 1967 - Sections 13, 16, 17, 18 and 22C - Penal Code, 1860 – Sections 153A and 120B - The primary issue was the legality of the appellant's arrest and the subsequent police custody remand, which were alleged to be in violation of constitutional rights and procedural laws - The appellant's counsel argued that the arrest was illegal due to the absence of written 'grounds of arrest' and that the remand order was passed without proper legal representation or cons
India Law Library Docid # 1604169

(123) C. SUBBIAH @ KADAMBUR JAYARAJ AND OTHERS Vs. THE SUPERINTENDENT OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 15-05-2024
Penal Code, 1860 (IPC) - Sections 420, 120B, 294(b), 506(ii) read with Section 114 – Benami Transactions (Prohibition) Act, 1988 – Section 4 - The case revolves around a real estate dispute where a government teacher was allegedly defrauded by an accused who induced him to invest in land deals with promises of high returns - The primary legal issue is whether the allegations constitute a criminal offence of fraud and breach of trust or if they are purely civil disputes - The appellants argue tha
India Law Library Docid # 1604170

(124) DINESH AND OTHERS ETC. Vs. STATE OF MADHYA PRADESH AND OTHERS ETC. [SUPREME COURT OF INDIA] 15-05-2024
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 11, 15(2) and 15(3) - The State of Madhya Pradesh acquired land for a Multi-Model Logistics Park but appellants objected - The State Development Office dismissed their objections, leading to writ petitions in the High Court - The main legal question was whether the SDO had the authority to hear and decide objections under Section 15 of the Act of 2013 and direct the publication
India Law Library Docid # 1604172

(125) SHIVENDRA PRATAP SINGH THAKUR @ BANTI Vs. STATE OF CHHATTISGARH AND OTHERS [SUPREME COURT OF INDIA] 15-05-2024
Penal Code, 1860 (IPC) - Sections 447, 427, 294, 506 read with 34 – Quashing of FIR - The FIR was vague about the incident date, lodged after a 39-day delay without explanation, and the alleged damages were not substantiated by evidence - The FIR and chargesheet were false and fabricated, with no complaint from the landowner whose property was allegedly damaged - The State opposed the appeal, asserting that the complainant had no motive to falsely implicate the accused and the allegations were a
India Law Library Docid # 1604173

(126) STATE OF HIMACHAL PRADESH Vs. RAGHUBIR SINGH AND OTHERS [SUPREME COURT OF INDIA] 15-05-2024
Penal Code, 1860 (IPC) - Sections 376(2)(g) read with Section 34 – Conviction and Sentence - The appeals challenge the adequacy of the sentence and the conviction based on the evidence presented - The State argues the sentence is less than the minimum prescribed and that the evidence clearly shows the intercourse was without consent - The accused argue that there were two acquittals previously, and the evidence suggests consensual intercourse, highlighting discrepancies in the prosecutrix's test
India Law Library Docid # 1604174

(127) RAJENDRA S/O RAMDAS KOLHE Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 15-05-2024
Penal Code, 1860 (IPC) - Section 302 read with Section 34 – Murder of Wife - The appellant was convicted for the murder of his police constable, who was set on fire after pouring kerosene over her - The main issue was whether the conviction was justified based on evidence, including the dying declarations - The appellant argued that there were contradictions in the evidence and that the dying declaration recorded by the Special Executive Magistrate was not reliable - The respondent supported the
India Law Library Docid # 1604175

(128) SOLAPUR MUNICIPAL CORPORATION Vs. SHANKARRAO GOVINDRAO PATIL AND OTHERS ETC. [SUPREME COURT OF INDIA] 15-05-2024
Bombay Provincial Municipal Corporations Act, 1949 - Section 493(5)(c) - Transitory Provisions – The case revolves around the employment status of respondents who were engaged by Majarewadi Gram Panchayat and later regularized by Solapur Municipal Corporation - The dispute revolves around whether their service should be considered regular from the merger date, 05.05.1992, or from the regularization date, 01.02.2003 - The main issue is whether the respondents were regular employees of the gram pa
India Law Library Docid # 1604176

(129) S. NITHEEN AND OTHERS Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 15-05-2024
Penal Code, 1860 (IPC) - Section 494 read with 34 - The case involves bigamy charges for marrying while still married to the complainant, with other appellants accused of aiding the offence - The primary legal issue is whether the appellants other than A-1 and A-2 can be charged under Section 494 IPC for bigamy, considering their alleged roles in the second marriage - The appellants argue that there is no evidence of their presence or knowledge of the first marriage at the time of the second mar
India Law Library Docid # 1604177

(130) THE DIVISIONAL FOREST OFFICER, MUNNAR, KERALA AND ANOTHER Vs. P.J. ANTONY, ETC. [SUPREME COURT OF INDIA] 14-05-2024
Kerala Forest Act, 1961 - Sections 61A(2) and 69 – The case revolves around the confiscation of sandalwood trees from the lands of respondents who claimed ownership and sought to auction them under a government scheme - The Forest Department argued that the sandalwood may have been illegally collected and there was no evidence to support the claimants' ownership - Respondents argued they had complied with all legal requirements and informed Revenue officials about the trees - The Supreme Court f
India Law Library Docid # 1604166

(131) BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. Vs. SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS. [SUPREME COURT OF INDIA] 14-05-2024
Civil Procedure Code, 1908 (CPC) – Section 144 - Application for restitution - The case revolves around the restitution of a judgment debtor following an appellate court's variation of a decree - The original decree was executed by selling the debtor's property, which was later purchased by the decree holders - The appellant argues that the auction purchaser is not entitled to equity and cannot be equated with a bona fide purchaser for value without notice - The respondents argue that the appell
India Law Library Docid # 1604167

(132) BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SINGH MALIK AND OTHERS Vs. D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANOTHER [SUPREME COURT OF INDIA] 14-05-2024
Consumer Protection Act, 1986/2019 - The case revolves around whether a complaint alleging "deficiency in service" against advocates would be maintainable under the Act - The primary issue is whether the service of an advocate falls within the definition of "service" under the Consumer Protection Act, thus bringing advocates within its purview - The petitioners argue that the legal profession is not a business or trade but a noble profession integral to the justice system, requiring autonomy to
India Law Library Docid # 1604168

(133) SHENTO VARGHESE Vs. JULFIKAR HUSEN AND OTHERS [SUPREME COURT OF INDIA] 13-05-2024
Criminal Procedure Code, 1973 (CrPC) – Section 102(3) - Power of police officer to seize certain property - Legal position regarding the reporting obligation of police officers under Section 102(3) of the CrPC - The court has ruled that the validity of a seizure order is not dependent on compliance with the reporting obligation under Section 102(3) of the CrPC - The court defined the term "forthwith" as "as soon as possible, judged in the context of the object sought to be achieved or accomplish
India Law Library Docid # 1604163

(134) M/S. EMBIO LIMITED Vs. DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS [SUPREME COURT OF INDIA] 13-05-2024
Foreign Trade (Development and Regulation) Act, 1992 - Section 11(2) – Withdrawal of a Writ Petition without reserving any liberty to re-agitate the same issue does not necessarily bar the filing of a fresh Writ Petition by the same party, if the liberty to file a fresh petition has been expressly granted by the Court.

B. Foreign Trade (Development and Regulation) Act, 1992 - Section 11(2) - Non-fulfillment of export obligation under a license granted under the Foreign Trade (Development and
India Law Library Docid # 1604164

(135) ARVIND KEJRIWAL Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 10-05-2024
Prevention of Money Laundering Act, 2002 - Section 19 – Arvind Kejriwal, the appellant, is challenging his arrest by the Directorate of Enforcement on 21.03.2024, which was upheld by the trial court and the High Court of Delhi - The case involves legal pleas concerning the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002 - The Court is considering granting interim bail to Kejriwal due to the ongoing 18th Lok Sabha General Elections and the importance of his parti
India Law Library Docid # 1604158

(136) MRUGENDRA INDRAVADAN MEHTA AND OTHERS Vs. AHMEDABAD MUNICIPAL CORPORATION [SUPREME COURT OF INDIA] 10-05-2024
Gujarat Town Planning and Urban Development Act, 1976 – Section 65, 68, 84 and 85 - The case involves appeals against a High Court judgment concerning compensation for land under the Town Planning Scheme in Ahmedabad - The main issues revolve around the allotment of land, compensation for reduced plot size, and the maintainability of the suit - The plaintiffs argued for compensation due to the reduced size of the allotted plot and the Corporation's failure to deliver possession of the original p
India Law Library Docid # 1604159

(137) STATE OF ORISSA Vs. SANTI KUMAR MITRA AND ANOTHER [SUPREME COURT OF INDIA] 10-05-2024
Bihar and Orissa Government Estates Manual, 1919 - Clause 20 - The case involved a lease agreement for a property that had expired, and the lessee's legal heirs sought to renew the lease - The State of Orissa contested the renewal, citing various breaches of the lease agreement - The court found that the lessee's legal heirs had failed to comply with the terms and conditions of the lease agreement and the manual - The court also noted that the lessee's legal heirs had not applied for renewal wit
India Law Library Docid # 1604160

(138) SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD Vs. RAGHACHAND ASSOCIATES [SUPREME COURT OF INDIA] 10-05-2024
Consumer Protection Act, 1986 - Sections 2 (1) (d) and Section 2(1)(m) – The appellant challenged the National Consumer Disputes Redressal Commission's order regarding the non-refund of a chit fund subscription - The complainant filed a complaint after the appellant stopped the chit business, arguing that the service was for a commercial purpose, which would exclude them from the Consumer Protection Act, 1986 - The appellant argued that the respondent did not qualify as a 'consumer' because the
India Law Library Docid # 1604161

(139) UNION OF INDIA Vs. MRITYUNJAY KUMAR SINGH @ MRITYUNJAY @ SONU SINGH [SUPREME COURT OF INDIA] 10-05-2024
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 452, 302, 353 and 379 - Arms Act, 1959 - Section 27 - Criminal Law (Amendment) Act, 2013 - Sections 17(i) and 17(ii) Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 17 and 18 – The Union of India is appealing against a High Court order that granted bail to a respondent linked to a terrorist attack by CPI (Maoist), resulting in the death of four police personnel and the looting of arms and ammunition - The Union argues that the respon
India Law Library Docid # 1604162

(140) MUNICIPAL COMMITTEE KATRA AND OTHERS Vs. ASHWANI KUMAR [SUPREME COURT OF INDIA] 09-05-2024
Transportation Contract - The case revolves around a dispute over a contract for transportation services to the Mata Vaishno Devi shrine - The respondent, the highest bidder, failed to comply with the tender's financial conditions, leading to a civil dispute over monetary relief - The Municipal Committee, Katra, argued that the respondent's failure to comply led to a delay in contract execution and that the High Court should not have entertained the claim for damages - The respondent claimed tha
India Law Library Docid # 1604157