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(161) TARINA SEN Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 03-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present cas
India Law Library Docid # 2418236

(162) KHALSA UNIVERSITY AND ANOTHER Vs. THE STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 03-10-2024
Constitution of India, 1950 — Article 14 — Khalsa University Act was established under the 2016 Act but was later repealed by the 2017 Act — The appellants challenged this repeal — Whether the repeal of the Khalsa University Act was arbitrary, discriminatory, and violated Article 14 of the Constitution — Appellant argue that the repeal was arbitrary and discriminatory, targeting only Khalsa University out of 16 private universities established under the 2010 Policy — State contends that the repe
India Law Library Docid # 2418237

(163) CHIEF COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX AND OTHERS Vs. M/S SAFARI RETREATS PRIVATE LTD. AND OTHERS [SUPREME COURT OF INDIA] 03-10-2024
Central Goods and Services Tax Act, 2017 — Section 17(5) — Constitutional validity of Section 17(5)(d), which restricts Input Tax Credit (ITC) for construction of immovable property intended for letting out on rent — The primary issue is whether Section 17(5)(d) of the CGST Act violates Articles 14 and 19(1)(g) of the Constitution by denying ITC for construction of immovable property intended for renting —The petitioners argue that Section 17(5)(d) is ‘arbitrary and discriminatory', treating une
India Law Library Docid # 2418285

(164) RAMA DEVI Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 03-10-2024
Penal Code, 1860 (IPC) — Sections 302, 307, 333, 355 and 379 with 34 —Arms Act, 1959 — Section 27 — Murder — Murder of a member of the Bihar Legislative Assembly and his bodyguard —The main issue is whether the accused were rightly acquitted by the High Court after being convicted by the trial court for the murders —The prosecution relied on eyewitness testimonies and forensic evidence to establish the guilt of the accused —The defense argued that the eyewitnesses were unreliable and that there
India Law Library Docid # 2418286

(165) UNION OF INDIA AND OTHERS Vs. RAJEEV BANSAL [SUPREME COURT OF INDIA] 03-10-2024
Income Tax Act, 1961 — Sections 147, 148, 149, 150 and 151 — The case concerns reassessment notices under the old Income Tax Act regime (Sections 147-151) challenged after the 2021 Finance Act introduced changes — The controversy arose over the validity of notices issued after April 1, 2021, under the old regime, especially in light of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act (TOLA) enacted due to COVID-19 — Notices issued between April and June 2021 wer
India Law Library Docid # 2418287

(166) SUKANYA SHANTHA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-10-2024
Model Prison Manual, 2016 — Constitution of India, 1950 — Articles 14, 15, 17, 21 and 23 — Caste-based discrimination in prisons — The petitioner highlighted caste-based discrimination in Indian prisons through an article — She sought the repeal of discriminatory provisions in State prison manuals —The main issue is whether various State prison manuals sanction unconstitutional practices violating Articles 14, 15, 17, 21, and 23 of the Indian Constitution — The petitioner argued that caste-base
India Law Library Docid # 2418291

(167) NIPUN ANEJA AND OTHERS Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 03-10-2024
Penal Code, 1860 (IPC) — Section 306 — Abetment of suicide — For a conviction under Section 306, there must be clear evidence of the accused's intention to instigate or aid the deceased, with a positive action proximate to the time of occurrence; mere harassment is not sufficient — The Court cautioned against unnecessary prosecutions and emphasized that each case must be examined on its own facts, considering the state of mind of the accused and the nature of their relationship with the deceased
India Law Library Docid # 2419925

(168) ATUL KUMAR Vs. THE CHAIRMAN (JOINT SEAT ALLOCATION AUTHORITY) AND OTHERS [SUPREME COURT OF INDIA] 30-09-2024
Constitution of India, 1950 — Article 142 — Substantial Justice — The petitioner, a Scheduled Caste student, secured a seat at IIT Dhanbad but faced issues with the online fee payment portal, which closed before his payment was processed — Whether the petitioner should be granted admission despite the technical issue with the payment portal — The petitioner argued that he completed all formalities and the delay was due to technical issues beyond his control — The respondents provided the petitio
India Law Library Docid # 2418238

(169) V. VINCENT VELANKANNI Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 30-09-2024
Service Law — Seniority in government service should be determined as per the service rules, and the date of initial appointment should be the basis for determining seniority, unless the rules provide otherwise.
India Law Library Docid # 2418195

(170) K. VADIVEL Vs. K. SHANTHI AND OTHERS [SUPREME COURT OF INDIA] 30-09-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 311, 313 and 173(8) — Case of Murder — Further investigation after the trial had concluded —Whether the High Court was justified in ordering further investigation after the trial had concluded —The appellant argued that the application for further investigation was a disguised attempt to reopen earlier proceedings and that the trial court had no jurisdiction to entertain such an application after charges were framed —The respondent contended
India Law Library Docid # 2418196

(171) UNION OF INDIA AND OTHERS Vs. DOLY LOYI [SUPREME COURT OF INDIA] 27-09-2024
Prevention of Corruption Act, 1988 — Sections 13(1) and 13(1)(d) — Grant of Prosecution Sanction — The Court held that the mere grant of prosecution sanction does not automatically mean that the prosecution for a criminal charge is pending against the government servant — The actual filing of the charge sheet and the commencement of trial are the critical factors that determine the pendency of criminal prosecution
India Law Library Docid # 2418024

(172) SUB INSPECTOR SANJAY KUMAR Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 — Rules 5 read 14(2) — Appellant-Sub-inspector penalized for negligence, appealed censure entry, citing lack of natural justice — State argued notice given, response unsatisfactory — Supreme Court upheld censure, found procedural requirements met, emphasized adherence to rules and natural justice. Appeal dismissed, censure entry upheld.
India Law Library Docid # 2418098

(173) LAKHA SINGH Vs. BALWINDER SINGH AND ANOTHER [SUPREME COURT OF INDIA] 27-09-2024
Suit for Specific Performance — Agreement to sell — The case involved a disputed agreement to sell agricultural land in Punjab — The plaintiff claimed the defendant agreed to sell the land for Rs.5,00,000/- per Killa and he paid Rs.16,00,000/- as earnest money — The plaintiff sought specific performance and an injunction against the defendant — The defendant denied the agreement and claimed it was a loan — The trial court partly allowed the suit, directing the defendant to refund the earnest mon
India Law Library Docid # 2418099

(174) PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED AND ANOTHER Vs. M/S SANMAN RICE MILLS AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Arbitration Act, 1996 — Sections 34 and 37 — Appellant supplied paddy — Respondent returned less rice — Dispute over shortfall — Appellate Court set aside arbitral award — Appellant argued award based on evidence — Respondent contended award was erroneous — Supreme Court restored award, emphasizing limited interference under Sections 34 & 37 — Appellate Court exceeded jurisdiction — Arbitral awards should not be interfered with unless violating public policy or
India Law Library Docid # 2418100

(175) THE AHMEDNAGAR DISTRICT CENTRAL COOPERATIVE BANK LTD Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Maharashtra Cooperative Societies Act, 1960 — Section 91 and 102 — The appellant had an outstanding loan from a society (R) that was wound up — The Liquidator auctioned the society's property to recover dues, but the appellant, despite objecting to the valuation and process, did not challenge it promptly — The property was sold to respondent no. 6 for Rs. 2,51,48,000/- — The High Court dismissed the appellant's writ petition — The Supreme Court found procedural irregularities but
India Law Library Docid # 2418101

(176) MANISHA RAVINDRA PANPATIL Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Election Law — Selection as Sarpanch — Disqualification — Allegations of residing on government land — The main issue was whether the disqualification was justified based on the alleged residence on government land — Petitioner contended she lived separately in rented accommodation and the disqualification was based on unverified claims — The private respondents alleged she resided on government land, leading to her disqualification — The Supreme Court found the disqualification order dispropor
India Law Library Docid # 2418674

(177) V. SENTHIL BALAJI Vs. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 26-09-2024
Prevention of Money Laundering Act, 2002 — Section 3 — Appellant was a Transport Minister in Tamil Nadu and is accused of collecting money for job opportunities in the Transport Department — Multiple FIRs were filed against him, leading to his arrest and judicial custody —The main issue is whether the appellant should be granted bail in connection with the alleged offence under the PMLA —The appellant's counsel argued that the evidence against him is not substantial, and he has already been in c
India Law Library Docid # 2418073

(178) MANIK AND OTHERS Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Sections 302, 330, 331, 342, 343, 348, 354, 385, 387, 193, 201, 202, 203, and 218 read with Section 34 —The case involves police officers accused of custodial torture and tampering with evidence, leading to the death —Whether the police officers' actions resulted in death and if the fabricated evidence can be accepted — The appellants argued that deceased escaped from custody and was later convicted in Raipur, suggesting he was alive — The prosecution presented evidence
India Law Library Docid # 2418069

(179) KAILASHBEN MAHENDRABHAI PATEL AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Sections 498A, 323, 504, 506 read with Section 34 — Cruelty — The complainant filed an FIR against her in-laws under various sections of the IPC, alleging cruelty and dowry demands — The appellants sought to quash the FIR and chargesheet — Whether the FIR and chargesheet should be quashed due to lack of specific allegations and the existence of a civil dispute — Appellants argue that the FIR is vague, lacks material particulars, and is an abuse of the criminal process —
India Law Library Docid # 2418047

(180) BALJINDER SINGH @ LADOO AND OTHERS Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Sections 148, 302, and 307 — The appellants, armed with weapons, attacked the victims, resulting in serious injuries — The prosecution's case is supported by eyewitness testimonies and medico-legal evidence —Whether the appellants acted with common intention to kill and if the absence of independent witnesses affects the prosecution's case — The appellants claimed self-defense and alleged false implication due to a prior FIR filed by A-4's daughter — The prosecution argu
India Law Library Docid # 2418048