(141) CBI BS AND FC MUMBAI Vs. MANOJDEV GOKULCHAND SEKSARIA AND ANOTHER [SUPREME COURT OF INDIA] 22-08-2024 Penal Code, 1860 (IPC) — Section 120B read with 420, 467, 468 and 471 —Prevention of Corruption Act, 1988 — Section 13(2) read with 13(1)(d) — Companies Act, 1956 — Section 68-A — The CBI registered criminal cases in 2006 against multiple accused, including the respondent, for fraudulent activities in the IPOs of Yes Bank Ltd. and IDFC — Chargesheets were filed in 2007 and 2014 — Whether the criminal proceedings should be quashed in light of the SEBI consent order and the subsequent legal challe India Law Library Docid # 1604356
(142) GIRISH GANDHI Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Criminal Law — Requirement of multiple sureties in different criminal cases involving the same accused — The court held that it would be reasonable and proportionate to allow the accused to furnish one set of personal bond and two sureties, which would hold good for all the FIRs registered against him in different states — The court observed that the requirement of multiple sureties in different cases involving the same accused would be an excessive burden on the accused and India Law Library Docid # 1604357
(143) MAITREYEE CHAKRABORTY Vs. THE TRIPURA UNIVERSITY AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Service Law — The appellant was appointed against a lien vacancy at Tripura University — Whether the University was justified in not confirming the appellant and re-advertising the post —The appellant argued that her appointment should be confirmed as she had undergone a regular selection process and there was no adverse performance report —The University claimed discretion in confirming appointments and argued that re-advertising was in the larger interest of candidates who did not apply initia India Law Library Docid # 1604358
(144) INDIAN COUNCIL OF AGRICULTURAL RESEARCH THROUGH THE DIRECTOR GENERAL AND ANOTHER Vs. RAJINDER SINGH AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Service Law — Increments — The Indian Council of Agricultural Research (ICAR) issued a scheme in 1999 granting scientists two advance increments for acquiring a Ph.D. degree — Technical staff sought the same benefit — Whether technical personnel are entitled to the same increments as scientists for obtaining a Ph.D. degree — ICAR argued that scientists and technical staff are governed by different rules and duties, and the benefit was intended only for scientists — Technical staff argued that th India Law Library Docid # 1604360
(145) RAJKARAN SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Service Law — Denial of Pensionary Benefits — The appellants, employees managing the SSD Fund of the SFF, were denied benefits under the 6th CPC, receiving only an ad-hoc amount instead —Whether the appellants, despite being classified as temporary employees, are entitled to pensionary benefits under the 6th CPC —The appellants argued they should receive benefits similar to regular government employees due to their long-term service and similar job functions —The respondents contended that the S India Law Library Docid # 1604361
(146) SWATI PRIYADARSHINI Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 — Section 2 — The appellant was appointed as Assistant Project Coordinator under the Sarv Shiksha Abhiyan on a contract basis — She reported misconduct at a hostel, leading to her temporary charge of the hostel and subsequent show cause notices for alleged negligence — Whether the termination of the appellant's contract was justified and if it was stigmatic in nature, requiring a regular inquiry — Appellant argues that t India Law Library Docid # 1604362
(147) AJAY KUMAR GUPTA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 22-08-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22(c), 29 and 67 — Appellant was prosecuted under the NDPS Act for allegedly transporting pentazocine illegally — The consignment was intercepted by the NCB —Whether the appellant could be convicted under Sections 22(c) and 29 of the NDPS Act without proper charges and evidence — The appellant argued that the charges were not properly framed, and the evidence was insufficient, particularly the inadmissibility of statements under Sec India Law Library Docid # 1604363
(148) REKHA SHARMA Vs. THE RAJASTHAN HIGH COURT, JODHPUR AND ANOTHER [SUPREME COURT OF INDIA] 21-08-2024 Judicial Services — Vertical and Horizontal Reservations — Both appellants with disabilities, applied for Civil Judge posts but were unsuccessful in the Preliminary Examination — They challenged the results, claiming discrimination as cut-off marks for Persons with Benchmark Disabilities (PwBD) were not shown — Whether the respondents' failure to show cut-off marks for PwBD was discriminatory and violated Fundamental Rights under Articles 14, 16, and 21 of the Constitution — Petitioner argues th India Law Library Docid # 1604359
(149) KINNORI GHOSH AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Bhartiya Nyay Sanhita 2023 — Section 72(1) — The petition concerns the dissemination of the deceased's identity and related media following a murder and alleged rape at R G Kar Medical College and Hospital, Calcutta —The main issue is the violation of the Supreme Court's directives to protect the identity of rape victims and the unauthorized publication of the deceased's identity and images on social media —The Court ordered the immediate removal of all references to the deceased's name, photogr India Law Library Docid # 2417140
(150) FR. ABRAHAM THAZHATHEDATHU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 20-08-2024 Penal Code, 1860 (IPC) — Sections 409, 420, 468, 471 read with 120-B — Multiple appellants, engaged in educational activities in Madhya Pradesh, were accused of offenses under IPC — The main issue was whether the appellants should be granted bail despite the ongoing investigation and allegations of financial misconduct — The appellants argued that their actions were lawful and related to educational activities, such as selling textbooks and raising fees, which should not be considered offenses — India Law Library Docid # 2417141
(151) VAIRAMUTHU Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 20-08-2024 The petitioner, Vairamuthu, filed a special leave petition challenging the judgment of the Madras High Court at Madurai dated December 20, 2022 — The main issue revolves around whether the special leave petition was filed within the period of limitation — The petitioner argued that the delay in filing the petition should be condoned as the time taken to obtain a certified copy of the impugned judgment was excluded from the limitation period —The Supreme Court directed the Registry to file a repo India Law Library Docid # 2417142
(152) RAJESH RAWAT Vs. ANIL KUMAR SAXENA [SUPREME COURT OF INDIA] 20-08-2024 Civil Procedure Code, 1908 (CPC) — Section 25 — Power of Supreme Court to transfer suits — Court reaffirmed its authority under Section 25 of the CPC to transfer civil cases from one court to another within the same state or from one state to another in the interest of justice — This power is discretionary and can be exercised considering various factors such as convenience of parties, witnesses, and the ends of justice. India Law Library Docid # 2417253
(153) IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES[SUPREME COURT OF INDIA] 20-08-2024 Alleged Rape and Murder incident of a Trainee Doctor in R.G. Kar Medical College — A postgraduate doctor was murdered and allegedly raped — The incident led to widespread protests and a call for a nationwide withdrawal of medical services — The case highlights the lack of institutional safety for medical professionals, particularly women, and the systemic failure to protect them from violence — The Supreme Court constituted a National Task Force (NTF) to formulate recommendations for improving s India Law Library Docid # 1604351
(154) SHABNA ABDULLA Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Section 3 — Power to make orders detaining certain persons — The case involves the detention of ‘A' under COFEPOSA for smuggling gold — The appellant, his sister-in-law, challenged the detention order — Whether the non-supply of WhatsApp chats and other documents to the detenue violated his rights under Article 22(5) of the Constitution — The appellant argued that the detention order should be quashed due to non- India Law Library Docid # 1604352
(155) RAMNARESH @ RINKU KUSHWAH AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Education Law — Allotment of MBBS Seats — The appellants challenged the decision of the Medical Education Department of Madhya Pradesh for not allotting MBBS seats to meritorious reserved candidates from government schools —Whether the reserved category candidates who qualify on merit should be allotted seats in the unreserved category — The appellants argued that the sub-classification of candidates into categories like UR-GS, SC-GS, etc., was illegal and deprived them of their rightful seats — India Law Library Docid # 1604353
(156) GAUTAM KUMAR DAS Vs. NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Guardians and Wards Act, 1890 — Section 10 — The appellant lost his wife in COVID-19 and temporarily handed over custody of his minor daughter to his sister-in-law — He later remarried and sought custody of his daughter, which was refused by the respondents —Whether the appellant, as the natural guardian, should be granted custody of his minor daughter —The appellant argued that he is the natural guardian and the High Court erred in dismissing his petition — He emphasized the welfare of the chil India Law Library Docid # 1604354
(157) IN RE: RIGHT TO PRIVACY OF ADOLESCENTS[SUPREME COURT OF INDIA] 20-08-2024 Protection of Children from Sexual Offences Act, 2012 — Section 6 — Penal Code, 1860 (IPC) — Sections 376(2)(n) and 376(3) — Aggravated penetrative sexual assault — The case involves a 14-year-old girl who was enticed by the accused to leave her home — The accused was convicted under the POCSO Act and IPC for sexual offences — The High Court acquitted the accused for certain offences, leading to a suo motu writ petition challenging this acquittal — The Supreme Court criticized the High Court's j India Law Library Docid # 1604355
(158) MINERAL AREA DEVELOPMENT AUTHORITY AND ANOTHER Vs. M/S STEEL AUTHORITY OF INDIA AND ANOTHER ETC. [SUPREME COURT OF INDIA] 14-08-2024 Cess and Other Taxes on Minerals (Validation) Act 1992 — The case involves the Mineral Area Development Authority (MADA) and the Steel Authority of India (SAIL), focusing on the validity of state tax demands on mineral rights — Whether the judgment in MADA should be applied retrospectively or prospectively, impacting tax demands and commercial transactions — Petitioners argue for prospective application to avoid retrospective tax burdens on end consumers and commercial disruptions — Respondents India Law Library Docid # 1604345
(159) MAHESHKUMAR CHANDULAL PATEL AND ANOTHER Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 14-08-2024 Gujarat Civil Services (Pay) Rules, 2002 — Rule 21 — Stepping up of a pay of Government Employee on the basis of the pay of his junior — Whether the principle of stepping up the pay of an employee based on the pay of a junior applies when the appellants are on a lesser pay scale than Assistant Professors appointed before them as ad hoc lecturers and subsequently regularized — Whether Rule 21 of the 2002 Pay Rules applies to the appellants' situation, where juniors are paid more due to their ad h India Law Library Docid # 1604349
(160) HUSSAINBHAI ASGARALI LOKHANDWALA AND OTHERS Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 14-08-2024 Penal Code, 1860 (IPC) — Sections 304 Part I and 304 Part II — Murder during a quarrel in family dispute — Modification of sentence — The main issue is whether the conviction should be under Section 304 Part I or Part II of the IPC — The petitioner argued that the incident was a result of self-defence and that the conviction should be set aside — The respondent supported the High Court's decision and argued for the dismissal of the appeal — The Supreme Court upheld the High Court's decision to India Law Library Docid # 1604350