(141) IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955[SUPREME COURT OF INDIA] 17-10-2024 Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — Constitutional validity of 6A on the ground that it violates Articles 6,7,14, 29 and 355 — Legislative Competence of Parliament — The court determined that Parliament had the competence to enact Section 6A of the Citizenship Act under Article 11 of the Constitution — It held that Section 6A did not amend or alter Articles 6 and 7 of the Constitution, which govern citizenship at the India Law Library Docid # 2418762
(142) THE PATNA MUNICIPAL CORPORATION AND OTHERS Vs. M/S TRIBRO AD BUREAU AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024 Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the India Law Library Docid # 2418753
(143) CENTRAL BUREAU OF INVESTIGATION Vs. SRINIVAS D. SRIDHAR [SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent's counsel argued that the mater India Law Library Docid # 2418754
(144) LALU YADAV Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner dece India Law Library Docid # 2418755
(145) BANK OF RAJASTHAN LTD Vs. COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 16-10-2024 Income Tax Act, 1961 — Section 18, 19, 20 and 21 — The main issue revolves around the treatment of broken period interest for banks purchasing government securities — The appellant, a Scheduled Bank, consistently set off the interest paid on the purchase of securities against the interest recovered on their sale —Whether the broken period interest can be claimed as a deduction under the Income Tax Act, post the repeal of Sections 18 to 21 —The appellant argued that the broken period interest sho India Law Library Docid # 2418756
(146) IDBI BANK LTD. Vs. RAMSWAROOP DALIYA AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024 Security Interest (Enforcement) Rules, 2002 — Rule 9(4) — The respondents won an e-auction for a property but couldn't deposit the balance amount within 15 days — The bank canceled the auction and refunded the initial deposit — Whether the respondents defaulted in depositing the balance amount within the stipulated time, justifying the bank's cancellation of the auction — The bank argued that the respondents failed to deposit the balance amount within 90 days as required by Rule 9(4) — The respo India Law Library Docid # 2418757
(147) EKNATH KISAN KUMBHARKAR Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 302, 316 and 364 — Murder — Murder of pregnant daughter due to her inter-caste marriage — Death Sentence — Whether the conviction and death sentence were justified based on the evidence and circumstances — The appellant argued that the motive was not proven, the eyewitness was unreliable, and there were investigative errors and contradictions in witness testimonies — The prosecution maintained that the motive was clear, the eyewitness was credible, and the evid India Law Library Docid # 2418701
(148) D.C. MALVIYA (SINCE DECEASED) THR. LRS. AND OTHERS Vs. DR. A.H. MEMON (SINCE DECEASED) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Consumer Law — Medical Negligence — Medical negligence leading to the death after a procedure for Nasal Polyps — The complaint was filed by her husband — The main issues are the alleged medical negligence and the adequacy of the compensation awarded — The petitioners argued for enhanced compensation, citing deficiency in service and inadequate pre-anesthetic checkup — The respondents (doctors) argued that they provided standard medical care and that the compensation awarded was unjustified — The India Law Library Docid # 2418758
(149) VITTHAL DAMUJI MEHER Vs. MANIK MADHUKAR SARVE AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Penal Code, 1860 (IPC) — Sections 409, 420, 467, 468, 471 and 120-B —Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — Section 3 — The petitioner seeks a review of a judgment that canceled his bail and directed him to surrender within three weeks —The petitioner argues that the judgment contains incorrect observations, lacks specification of changed circumstances, and ignores relevant precedents — The petitioner claims he was unfairly singled out, and tha India Law Library Docid # 2418759
(150) OMKAR RAMCHANDRA GOND Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Rights of Persons with Disabilities Act, 2016 — Sections 2(m), 2(r), 2(y), 3, 15 and 32 — Appellant with a 45% speech and language disability, applied for NEET (UG) 2024 under the PwD and OBC categories but was deemed ineligible due to his disability exceeding 40% — Whether a candidate with a disability exceeding 40% should be disqualified from admission under the PwD category for the MBBS course — The appellant argued that the NMC's criteria unfairly excluded him despite his ability to pursue t India Law Library Docid # 2418675
(151) CHANDRAMANI NANDA Vs. SARAT CHANDRA SWAIN AND ANOTHER [SUPREME COURT OF INDIA] 15-10-2024 Motor Accident Claims — The appellant, injured in a motor vehicle accident resulting in serious injuries and one fatality — The main issues were the extent of the appellant's disability, the calculation of compensation, and whether future prospects and attendant costs were adequately considered —The appellant argued for higher compensation based on a higher income, future medical expenses, and 100% functional disability — They also sought compensation for future prospects and attendant costs — T India Law Library Docid # 2418699
(152) NEELAM GUPTA AND OTHERS Vs. RAJENDRA KUMAR GUPTA AND ANOTHER[SUPREME COURT OF INDIA] 14-10-2024 Benami Transactions (Prohibitions) Act, 1988 — Section 4 —Limitation Act, 1963 — Article 65 — In a dispute over 7.60 acres of land Plaintiff claimed ownership through a 1968 sale deed, while the defendants, argued it was Joint Hindu Family Property and claimed adverse possession — The Trial Court dismissed the suit, accepting the joint family and adverse possession claims, but the High Court reversed the decision, holding the defendants failed to prove the land was joint family property India Law Library Docid # 2418668
(153) SOMJEET MALLICK Vs. STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 14-10-2024 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Standard for Quashing FIRs under Section 482 CrPC — The court reiterates that at the stage of deciding whether to quash an FIR or criminal proceedings under Section 482, the allegations in the FIR, police report, or complaint, along with the materials collected during the investigation, must be taken at their face value to determine if a prima facie case for investigation or proceeding against the accused exists — The correctness of the India Law Library Docid # 2418669
(154) RENJITH K.G. AND OTHERS Vs. SHEEBA [SUPREME COURT OF INDIA] 14-10-2024 Civil Procedure Code, 1908 (CPC) — Order 21 Rule 99 — Execution of Final Decree — The case involves a dispute over the execution of a final decree for partition and possession of property originally filed in 1956 — The property in question was subject to multiple mortgages and transfers over the years — Whether the execution petition for the final decree was barred by limitation and whether the predecessor of the respondents had an independent right to the property — The India Law Library Docid # 2418670
(155) SANDEEP Vs. STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 14-10-2024 Penal Code, 1860 (IPC) — Sections 302 and 34 — Murder — Acquittal of co-accused — The appellant along with two others, was tried for the murder — The Sessions Court convicted appellant but acquitted the other two accused — Whether the conviction of Section 302 IPC was justified despite the acquittal of the co-accused and the inconsistencies in the prosecution's evidence —The appellant argued that the evidence was inconsistent, key witnesses were not examined, and the motive for the crime was vag India Law Library Docid # 2418671
(156) SHINGARA SINGH Vs. DALJIT SINGH AND ANOTHER [SUPREME COURT OF INDIA] 14-10-2024 Specific Relief Act, 1963 — Section 19 — Transfer of Property Act, 1882 — Section 52 — Doctrine of lis pendens applies to any alienation during the pendency of a suit, regardless of the alienee's notice, and that a subsequent purchaser cannot claim to be a bona fide purchaser if the sale is hit by the doctrine — Section 19 of the Specific Relief Act allows a subsequent sale to be enforced for good reason, and in a suit for specific performance, a plaintiff is entitled to a decree if a subsequent India Law Library Docid # 2418672
(157) BANSHIDHAR CONSTRUCTION PVT. LTD. Vs. BHARAT COKING COAL LIMITED AND OTHERS [SUPREME COURT OF INDIA] 04-10-2024 Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant's bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant compli India Law Library Docid # 2418288
(158) M/S. SHRIRAM INVESTMENTS Vs. THE COMMISSIONER OF INCOME TAX III, CHENNAI [SUPREME COURT OF INDIA] 04-10-2024 Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return w India Law Library Docid # 2418289
(159) SHASHI BHUSHAN PRASAD SINGH Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 04-10-2024 Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules 2017 — Rule 9(1)(ii) — The case involves the recruitment process for Junior Engineers in Bihar, where candidates with diplomas from private institutions were deemed ineligible due to lack of AICTE approval —The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court's previous ruling that universities do not need AICTE approval for te India Law Library Docid # 2418290
(160) K. BHARTHI DEVI AND ANOTHER Vs. STATE OF TELANGANA AND ANOTHER [SUPREME COURT OF INDIA] 03-10-2024 Penal Code, 1860 (IPC) — Sections 120-B read with 420, 409, 467, 468 and 471 —Prevention of Corruption Act 1988 — Section 13(1)(d) and 13(2) — Appellants were accused of using fake documents to secure loans from Indian Bank — The loans were declared non-performing, and the bank discovered the forgery during recovery proceedings — Whether the criminal proceedings against the appellants should continue despite a settlement between the bank and the accused — The appellants argued they had no active India Law Library Docid # 2418235