(181) MOHD. ARBAZ AND OTHERS Vs. STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 18-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 173 — The primary issue is whether a chargesheet without the FSL/Examiner’s Report in an NDPS case can be termed as an 'incomplete Report' under Section 173 CrP.C — The fairness and efficacy of trials under the NDPS Act, establishment of adequate FSL/Examiner Laboratories, and the creation of a robust mechanism for submission of FSL/Examiner’s Reports — Petitioner's Arguments — Various issues of public importance need to be resolved, including the c India Law Library Docid # 2417172
(182) SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 18-07-2024 Penal Code, 1860 (IPC) — Sections 489B and 489C — Unlawful Activities (Prevention) Act, 1967 — Section 16 — Smuggling of counterfeit currency notes into India from Nepal — Petitioner had been in custody for over nine years, and only two witnesses had been examined during the trial — The court noted that continued incarceration could not be justified and set bail conditions — The court emphasized that the right to life and personal liberty enshrined in Article 21 of the Constitution of India is o India Law Library Docid # 1604282
(183) SBI GENERAL INSURANCE CO. LTD. Vs. KRISH SPINNING [SUPREME COURT OF INDIA] 18-07-2024 Arbitration and Conciliation Act, 1996 — Where, under an appointment procedure agreed upon by the parties — Section 11(6) —The Supreme Court has clarified the scope of judicial scrutiny under Section 11(6) of the Act, 1996 — The court held that the court's role in appointing an arbitrator is limited to examining the existence of an arbitration agreement and not to delve into the merits of the dispute or the validity of the agreement — The court further clarified that the issue of whether a claim India Law Library Docid # 1604283
(184) BIHAR STAFF SELECTION COMMISSION AND ANOTHER Vs. HIMAL KUMARI AND ANOTHER ETC. [SUPREME COURT OF INDIA] 16-07-2024 Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also r India Law Library Docid # 1604281
(185) THE STATE OF MEGHALAYA Vs. LALRINTLUANGA SAILO AND ANOTHER [SUPREME COURT OF INDIA] 16-07-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Bail — Mandatory conditions — The Court found that the bail order failed to adhere to the mandatory conditions under Section 37(1)(b)(ii) of the NDPS Act, which requires the court to ensure that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while on bail — The court emphasized that the provisions under Section 37 of the NDPS Act India Law Library Docid # 1604287
(186) KIRAN JYOT MAINI Vs. ANISH PRAMOD PATEL [SUPREME COURT OF INDIA] 15-07-2024 Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Dissolution of Marriage — Irretrievable breakdown — Parties having been living separately for nine years — The Supreme Court has dissolved the marriage between appellant and respondent, citing irretrievable breakdown of the marriage — The court ordered the respondent-husband to pay a one-time settlement of Rs. 2 Crores to the appellant-wife to cover all her maintenance expenses and necessary re India Law Library Docid # 1604280
(187) P. RAVINDRANATH AND ANOTHER Vs. SASIKALA AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Agreement to Sell — Dispute over an agreement to sell — In 1981, the appellants agreed to sell property to the respondents for Rs.29,000, but government restrictions delayed the sale — The appellants later sold to other buyers, prompting the respondents to sue for specific performance — The trial court and High Court ruled in favor of the respondents — The appellants appealed to the Supreme Court, which agreed that the respondents had not proven readiness and willingness to perform the contract India Law Library Docid # 1604286
(188) M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant's admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant's claim that it was only India Law Library Docid # 1604270
(189) SHAILENDRA KUMAR SRIVASTAVA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 15-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 321 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 307 and 302 — Withdrawal of prosecution — The Supreme Court has set aside the withdrawal of prosecution of an accused in a double murder case, who was elected as a Member of Legislative Assembly (MLA) in Uttar Pradesh — The court observed that political power should not be leveraged to secure the withdrawal of prosecution of an accused person named in the charge sheet after thorough investigatio India Law Library Docid # 1604271
(190) AMRO DEVI AND OTHERS Vs. JULFI RAM (DECEASED) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Civil Procedure Code, 1908 (CPC) — Order 23 Rule Rule 3 — Transfer of Property Act, 1882 — Section 52 — Doctrine of lis pendens — Dispute over land ownership between the appellants and the respondents — The case involved a dispute over land ownership between the appellants (tenants) and the respondents (landowners) — The respondents filed a suit in 1979, which was initially dismissed by the Trial Court but later decreed in their favor by the first Appellate Court — During the appeal, the appella India Law Library Docid # 1604272
(191) BABA NATARAJAN PRASAD Vs. M. REVATHI [SUPREME COURT OF INDIA] 15-07-2024 Penal Code, 1860 (IPC) — Section 494 — Bigamy — The appellant accused his wife (first accused) of committing bigamy by marrying the second accused while their marriage was still valid — The trial court convicted the first and second accused, but the High Court later acquitted them — Whether the High Court was right in not restoring the sentence imposed by the trial court and whether the sentence was too lenient — The Supreme Court modified the sentence to six months of simple imprisonment and re India Law Library Docid # 1604273
(192) STATE OF PUNJAB AND OTHERS Vs. M/S PUNJAB SPINTEX LTD. [SUPREME COURT OF INDIA] 15-07-2024 Punjab Agricultural Produce Markets Act, 1961 — Section 23 — Punjab Rural Development Act, 1987 — Section 5 — Exemption from Market fees under the 2003 Industrial Policy of Punjab does not include exemption from Rural Development fees — The court held that the two fees are distinct and collected under two different statutes with different purposes — The court also noted that the 2003 Policy does not specifically exempt Rural Development fees, and therefore, any assumption that the exemption from India Law Library Docid # 1604274
(193) M/S OMSAIRAM STEELS & ALLOYS PVT. LTD. Vs. DIRECTOR OF MINES AND GEOLOGY, BBSR AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company's appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error. India Law Library Docid # 1604275
(194) BALASAHEB KESHAWRAO BHAPKAR AND OTHERS Vs. SECURITIES AND EXCHANGE BOARD OF INDIA [SUPREME COURT OF INDIA] 15-07-2024 Companies Act, 1956 — Section 209A — Securities Exchange Board of India Act, 1992 — Section 11AA — Illegal mobilization of funds — Auction and refund process of assets of companies involved in illegal mobilization of funds — The Supreme Court constituted a High-Powered Sale Committee (HPSC) to auction the immovable assets of ‘S’, which were attached by the SEBI for illegal mobilization of funds — The HPSC, chaired by a former Supreme Court judge, will identify the number of investors, determine India Law Library Docid # 1604276
(195) STATE OF UTTAR PRADESH AND ANOTHER Vs. VIRENDRA BAHADUR KATHERIA AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Uttar Pradesh Subordinate Educational (Sub Deputy Inspector of Schools) Service Rules, 1992 — Grant of higher pay scales to Sub-Deputy Inspectors of Schools (SDI)/Assistant Basic Shiksha Adhikaris (ABSA) and Deputy Basic Shiksha Adhikaris (DBSA) in Uttar Pradesh — The court found that the High Court's judgment was based on a misunderstanding of a previous Supreme Court order — The court approved a 2011 government order that granted the revised pay scales to the officials, but clarified that the India Law Library Docid # 1604277
(196) DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Constitution of India, 1950 — Article 341 — Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 — The Supreme Court has quashed the Bihar government's 2015 resolution that sought to merge the "Tanti-Tantwa" caste with the "Pan-Sawasi" caste in the Scheduled Castes list — The court ruled that the state government had no authority or power to alter the list of Scheduled Castes notified under Article 341 of the Constitut India Law Library Docid # 1604278
(197) RAM PRAKASH CHADHA Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 15-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge — The appellant, had filed an application under Section 227 of the Cr.PC seeking discharge in a case related to the custodial death of cashier/accountant — The court found that there was no sufficient ground for proceeding against the appellant based on the record of the case and the documents submitted therewith — The court clarified that its observations were made only in relation to the appellant and not the other accused in the c India Law Library Docid # 1604279
(198) ASHOK DAGA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 12-07-2024 Criminal Procedure Code, 1973 (CrPC) —Section 294 — The petitioner challenged the final judgment and order dated 12-03-2024 in CC No.10/2019 by the Special Judge (PC Act) (CBI), New Delhi — The main issue was whether calling upon the accused to admit or deny the genuineness of documents under Section 294 of Cr.P.C. was prejudicial to the accused's rights — The petitioner argued that the impugned order was prejudicial and compelled the accused to be a witness against himself, violating Article 20 India Law Library Docid # 2417173
(199) ARVIND KEJRIWAL Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 12-07-2024 Prevention of Money Laundering Act, 2002 — Section 19 — Interim bail — Whether the "need and necessity to arrest" is a separate ground to challenge the order of arrest passed under Section 19(1) of the Act (PMLA) to a larger bench — The court also questioned whether the "need and necessity to arrest" refers to the satisfaction of formal parameters to arrest and take a person into custody or if it relates to other personal grounds and reasons regarding the necessity to arrest a person in the fact India Law Library Docid # 1604262
(200) NIKHIL Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 11-07-2024 Penal Code, 1860 (IPC) — Sections 409 and 201 — The appellant was convicted by the Trial Court for misappropriation and sentenced to four years six months rigorous imprisonment, and directed to pay Rs. 2.86 crores as compensation — The main issue was whether the High Court's condition to deposit 50% of the compensation for suspension of sentence was justified — The appellant argued that the condition to deposit 50% of the compensation would frustrate his right to appeal —The State argued that th India Law Library Docid # 2417174