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Latest Cases

(181) UNION OF INDIA Vs. M/S INDIAN OIL CORPORATION LTD. [SUPREME COURT OF INDIA] 21-03-2024
Railways Act, 1989 - Section 106 - Notice of claim for compensation and refund of overcharge.- The case involves freight charges for consignments booked by Indian Oil Corporation Ltd. (IOCL) from Baad to Hisar route, where the chargeable distance was revised from 444 km to 334 km. - The main issue is whether the case pertains to ‘overcharge’ or ‘illegal charge’ under Section 106 of the Railways Act, 1989, and the applicability of notice requirements for claiming refunds - Union of India argues t
India Law Library Docid # 1604028

(182) M/S. BISCO LIMITED Vs. COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE [SUPREME COURT OF INDIA] 20-03-2024
Customs Act, 1962 - Sections 15(1)(C) and 130E - Appeal to Supreme Court – The appeal stemmed from a final order issued by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that dismissed the appellant's appeal - The appellant had imported second-hand steel mill machinery and parts under the Project Import Facility covered by Chapter Heading No. 98.01 of the Customs Tariff Act, 1975 - During the proceedings, the appellant presented documents to support their case, which led to the
India Law Library Docid # 1604018

(183) A.M. MOHAN Vs. THE STATE REPRESENTED BY SHO AND ANOTHER [SUPREME COURT OF INDIA] 20-03-2024
Criminal Procedure Code, 1973 – Section 482 -Penal Code, 1860 (IPC) – Section 420 read with 34 – Cheating – Quashing of FIR - The case involves financial transactions between the complainant and the accused, leading to allegations of fraud and cheating under Section 420 read with 34 of the IPC - The appeal challenges the High Court’s rejection of a petition to quash the FIR registered for the alleged offences - The appellant contends that the FIR and charge-sheet do not establish the offence of
India Law Library Docid # 1604019

(184) M/S. KOZYFLEX MATTRESSES PRIVATE LIMITED Vs. SBI GENERAL INSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 20-03-2024
Consumer Protection Act, 1986 - Section 2(1)(m) - The case involves a claim by against Respondent for indemnification of losses due to a fire at their manufacturing unit -Appellant argues that they were not given the opportunity to rebut the surveyor’s and investigators’ reports, which led to the rejection of their claim – Respondent contends that the claim was fraudulent and based on fabricated documents, and that Appellant is not a consumer under the Consumer Protection Act, 1986 - The Court f
India Law Library Docid # 1604020

(185) VANSH S/O PRAKASH DOLAS Vs. THE MINISTRY OF EDUCATION AND THE MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS [SUPREME COURT OF INDIA] 20-03-2024
Education Law – State Quota - The appellant, a domicile of Maharashtra whose father is in the BSF, completed his education outside Maharashtra due to his father’s deployment and sought admission to an MBBS course under the State quota - The main issue was the cancellation of the appellant’s admission without notice, based on the NEET UG-2023 Information Brochure’s clauses, which the appellant argued was unjust and arbitrary - The appellant contended that he fulfilled the domicile criteria for th
India Law Library Docid # 1604021

(186) SATYANAND SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-03-2024
Medical Negligence - The appellant, an Indian Army Havaldar, was diagnosed with HIV and later with AIDS, leading to his discharge from service - The appeal challenges the validity of the discharge and the denial of a disability pension, questioning the medical diagnosis and subsequent treatment by the army - The appellant contends that he was wrongfully discharged based on a misdiagnosis of AIDS, as his CD4 cell count was above the threshold and he remained asymptomatic - The respondents argue t
India Law Library Docid # 1604022

(187) TAPAS KUMAR DAS Vs. HINDUSTAN PETROLEUM CORPORATION LIMITED AND OTHERS [SUPREME COURT OF INDIA] 19-03-2024
LPG distributorship - The appeal challenges a Division Bench judgment of the High Court at Calcutta, which reversed an order of a learned Single Judge regarding the eligibility for LPG distributorship - The primary issue is whether the land offered by the appellant for the showroom is within the advertised location as per the Unified Guidelines for Selection of LPG Distributorships - The appellant argued that the Division Bench erred by imposing conditions not specified in the advertisement and
India Law Library Docid # 1604012

(188) APOORVA ARORA AND ANOTHER ETC Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER. [SUPREME COURT OF INDIA] 19-03-2024
Information Technology Act, 2000 – Sections 67 and 67A - The appellants, involved in the creation of the web-series ‘College Romance,’ are accused of publishing obscene content under Sections 67 and 67A of the IT Act, leading to an FIR against them - The primary legal issue is whether the content of the web-series is obscene or sexually explicit as per the IT Act, warranting the registration of an FIR - The appellants argue that the content is not obscene, does not contain sexually explicit acts
India Law Library Docid # 1604013

(189) SHIV PRASAD SEMWAL Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 19-03-2024
Penal Code, 1860 (IPC) - Sections 153A, 500, 501, 504, 34 and 120B - Intentional insult with intent to provoke breach of the peace – Quashing of FIR - The FIR was based on a complaint by ‘R’, claiming land encroachment and defamation through a news article published in ‘Parvatjan’ - High Court dismissed the appellant’s writ petition, leading to this appeal - The primary issue is whether the allegations in the FIR disclose any cognizable offence justifying the continuation of the investigation -
India Law Library Docid # 1604014

(190) NBCC (INDIA) LIMITED Vs. ZILLION INFRA PROJECTS PVT. LTD. [SUPREME COURT OF INDIA] 19-03-2024
Arbitration and Conciliation Act 1996 – Appointment of Arbitrator - Where, under an appointment procedure agreed upon by the parties - Sections 7(5) and 11(6) –Appellant a government undertaking, awarded a contract to Respondent for construction of a weir - Disputes arose, leading to arbitration proceedings - The key issue is the applicability of an arbitration clause in the context of the Letter of Intent and the tender documents - The main issue is whether the arbitration clause from the tende
India Law Library Docid # 1604015

(191) PUNEET SABHARWAL AND OTHER Vs. CBI [SUPREME COURT OF INDIA] 19-03-2024
Penal Code, 1860 (IPC) – Section 109 - Prevention of Corruption Act, 1988 - Sections 13(1)(e) and 13(2) – Framing of Charges - Appellant a public servant, was charged with owning assets disproportionate to his known sources of income - His son was accused of abetting the offence - The appeals challenge the correctness of the High Court’s judgment which upheld the charges against the appellants - The appellants argued that the Income Tax Appellate Tribunal’s findings exonerated them, and thus, th
India Law Library Docid # 1604016

(192) JUGAL KISHORE KHANNA(D) THR LRS AND ANOTHER Vs. SUDHIR KHANNA AND OTHERS [SUPREME COURT OF INDIA] 19-03-2024
Property Dispute - The dispute involves two properties, the Kamla Nagar and Malcha Marg properties, with claims of joint family ownership and subsequent settlements - The main issues are the ownership of the Kamla Nagar property after an alleged family settlement and whether the Malcha Marg property was purchased with joint family funds - The appellants argue that they have sole ownership of the Kamla Nagar property due to a family settlement and payment made to the respondents - The respondents
India Law Library Docid # 1604017

(193) EKENE GODWIN AND ANOTHER Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 18-03-2024
Leave granted. Heard the learned counsel appearing for the appellants and the learned senior counsel appearing for the respondent State. The appellants are being prosecuted for offences punishable under Sections 419 and 420 of the Indian Penal Code, 1860, and Section 66, read with Sections 43(J) and 66D of the Information Technology (Amendment) Act, 2008. The charge sheet has been filed, and the trial has proceeded. By the impugned order, the High Court rejected the appellants application for re
India Law Library Docid # 1882467

(194) SOMNATH Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 18-03-2024
The present appeal is directed against the Final Judgment and Order dated 08.10.2018 (hereinafter referred to as the Impugned Judgment) passed by the High Court of Judicature at Bombay, Bench at Aurangabad (hereinafter referred to as the High Court) in Criminal Writ Petition No.215 of 2017 by which the writ petition filed by the appellant was partly allowed and the respondent no.2 was directed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) from his own pocket to the appellant. A
India Law Library Docid # 1882478

(195) M. RADHESHYAMLAL Vs. V SANDHYA AND ANOTHER ETC. [SUPREME COURT OF INDIA] 18-03-2024
Property Dispute - The case involves disputes over property ownership after the original owner, ‘S’, passed away in 1947 - A settlement deed was executed in 1945, granting shares of the property to certain individuals and their male descendants - The main issue is whether the appellant (plaintiff in the original suit) has acquired ownership of the property through adverse possession - The appellant claims ownership by adverse possession since 1951, asserting continuous and open possession of th
India Law Library Docid # 1604004

(196) SATYENDAR KUMAR JAIN AND OTHERS Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 18-03-2024
Penal Code, 1860 (IPC) - Section 109 IPC Prevention of Corruption Act, 1988 - 13(2) read with Section 13(1)(e) - Prevention of Money-Laundering Act, 2002- Section 45 – Bail - The case involves appeals against the denial of bail to Satyendar Kumar Jain and others, accused of money laundering related to disproportionate assets acquired during Jain’s tenure as a Minister in the Delhi Government - The primary issue is whether the appellants satisfy the conditions for bail under the Prevention of Mon
India Law Library Docid # 1604005

(197) MS. X Vs. MR. A AND OTHERS[SUPREME COURT OF INDIA] 18-03-2024
Penal Code, 1860 - Sections 354D, 376(2)(n), 504 and 506 read with 34 - Committing rape repeatedly on the same woman - The appellant, a minor at the time of the incident, entered into a relationship with accused No.1, who later promised marriage - She became pregnant, and under coercion, underwent an abortion - The appeal challenges the High Court’s decision to quash the criminal proceedings against the accused under Section 482 of the Cr.P.C - The appellant’s counsel argued that the High Court
India Law Library Docid # 1604006

(198) JAIPUR VIDYUT VITRAN NIGAM LTD. AND OTHERS Vs. ADANI POWER RAJASTHAN LTD. AND ANOTHER [SUPREME COURT OF INDIA] 18-03-2024
Electricity Act, 2003 - Section 2(28)- Generatign Company - Adani Power Rajasthan Limited (APRL), a power generating company, sought payment from Rajasthan Discoms for Late Payment Surcharge (LPS) based on the Power Purchase Agreement (PPA-2010) - The main issue was the entitlement of APRL to LPS due to a delay in payments by Rajasthan Discoms, and whether the claim was maintainable post the disposal of the main appeals - APRL argued that they were entitled to LPS as per the PPA-2010 due to the
India Law Library Docid # 1604007

(199) PERIYASAMY Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 18-03-2024
Penal Code, 1860 (IPC) – Sections 109, 302 and 307 – Murder – Appeal against conviction - The case involves the death of two persons, allegedly stabbed by A-1 at the instigation of A-2 - A quarrel at a wine shop led to the fatal incident - The appeals challenge the judgments of the Trial Court and High Court, questioning the involvement of A-2 and the reliability of witnesses - A-1 claimed self-defense and questioned the credibility of “interested” witnesses - A-2 denied presence at the crime s
India Law Library Docid # 1604008

(200) NAVAS @ MULANAVAS Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 18-03-2024
Penal Code, 1860 (IPC) - Sections 302 and IPC – Murder – Conviction and Sentence - Modification of Sentence - The appeal concerns a judgment from the Kerala High Court involving a death sentence reference and criminal appeal arising from a trial court’s decision in a murder case - The appellant challenged the conviction and sentencing for the murder of four individuals, questioning the sufficiency of circumstantial evidence and the appropriateness of the sentence - The appellant argued for acqui
India Law Library Docid # 1604009