ive
User not Logged..
Latest Cases

(261) 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

(262) 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

(263) 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

(264) 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

(265) 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

(266) 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

(267) 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

(268) MD. RAHIM ALI @ ABDUR RAHIM Vs. THE STATE OF ASSAM AND OTHERS[SUPREME COURT OF INDIA] 11-07-2024
Foreigners Act, 1946 — Section 9 — Burden of proof — A person who is suspected of being a foreigner and whose case is referred to a Foreigners Tribunal (FT) under the Foreigners Act, 1946, must be given an opportunity to prove that they are not a foreigner — The burden of proof is initially on the state to establish a prima facie case that the person is a foreigner — If the state succeeds in doing so, the burden of proof shifts to the person to prove that they are an Indian citizen — The court m
India Law Library Docid # 1604261

(269) M/S. NEW WIN EXPORT AND ANOTHER Vs. A. SUBRAMANIAM [SUPREME COURT OF INDIA] 11-07-2024
Negotiable Instruments Act, 1881 — Sections 138 and 147 — Criminal Procedure Code, 1973 (CrPC) — Section 320(5) — The appellants and the respondent-complainant had entered into a settlement agreement dated 27.01.2024, wherein the appellants paid Rs.5,25,000 to the respondent-complainant, who agreed to settle the matter — The court observed that the settlement agreement can be treated as compounding of the offence under Section 147 of the Act, 1881 — The court further emphasized the importance of
India Law Library Docid # 1604285

(270) STATE OF ANDHRA PRADESH Vs. BMW INDIA PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Consumer Law — Defective Car — The complainant purchased a BMW 7 series vehicle in 2009, which had defects — A complaint was lodged, leading to a criminal proceeding —Whether the High Court was justified in quashing the criminal proceedings and directing the manufacturer to replace the defective vehicle —The complainant and the State of Andhra Pradesh challenged the High Court's order —The manufacturer was willing to comply with the High Court's order to replace the vehicle —The Supreme Court di
India Law Library Docid # 2417197

(271) THE STATE OF WEST BENGAL Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 10-07-2024
Constitution of India, 1950 — Article 131 — Delhi Special Police Establishment Act, 1946 — Section 6 — The State of West Bengal filed a suit against the Union of India, challenging the Central Bureau of Investigation (CBI)'s authority to register cases in West Bengal after withdrawing consent under Section 6 of the DSPE Act — The main issue is the maintainability of the suit, which focuses on whether the CBI can continue to register and investigate cases without the state's consent — The State
India Law Library Docid # 1604252

(272) YOGESH GOYANKA Vs. GOVIND AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) — Transfer of Property Act, 1882 — Section 52 — The appeal concerns the impleadment of a transferee pendente lite, who purchased land during ongoing litigation, despite being aware of it — Whether the transferee can be impleaded in the underlying suit, given the doctrine of lis pendens — The appellant argues for impleadment to protect his interests, alleging possible collusion between the original parties — The respondents contend that the ap
India Law Library Docid # 1604253

(273) PYDI RAMANA @ RAMULU Vs. DAVARASETY MANMADHA RAO [SUPREME COURT OF INDIA] 10-07-2024
Specific Relief Act, 1963 — Section 16 — Readiness and willingness to perform the contract — The appellant challenged the legality of a judgment that partially allowed a second appeal, confirming the appellate court's order for specific performance and directing the respondent-plaintiff to pay additional sale consideration — The appellant argued that the trial court correctly rejected specific performance, claiming the plaintiff failed to prove continuous readiness and willingness to perform the
India Law Library Docid # 1604254

(274) SHANMUGASEKAR Vs. THE STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 10-07-2024
Penal Code, 1860 (IPC) — Sections 294(b) and 302 — Appeal against conviction — The conflict arose over unpaid electricity bills, leading to a fatal altercation involving several family members — The main issue was whether the appellant intended to kill the deceased during the altercation, and if the appellant's actions fell under the exceptions of Section 300 of the IPC — The appellant argued there was no intention to kill, and the incident occurred in the heat of passion during a sudden fight —
India Law Library Docid # 1604255

(275) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. HARNAND SINGH (DECEASED) THROUGH LRS AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Land Acqusition Act, 1894 — Sections 28 — Determination of fair and just compensation — The case involves appeals by NOIDA and landowners against various orders enhancing compensation for land acquired under the Act, 1894 — The court considered whether compensation should be enhanced, the maintainability of miscellaneous applications, and the applicability of Section 28A of the 1894 Act — NOIDA argued against the enhancement based on an erroneous precedent, while landowners sought parity with hi
India Law Library Docid # 1604256

(276) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. DARSHAN LAL BOHRA AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Land Acquisition Act, 1894 — Section 5A — Maintainability of challenge against acquisition proceedings — The court held that only those landowners who have filed objections under Section 5A of the 1894 Act have the right to challenge the acquisition proceedings — Those who have not filed objections or have accepted compensation without protest cannot challenge the acquisition proceedings.

B. Land Acquisition Act, 1894 — Section 4 — Locus standi of subsequent purchasers — The court held that s
India Law Library Docid # 1604257

(277) ROHINI SUDARSHAN GANGURDE Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 10-07-2024
Penal Code, 1860 (IPC) — Section 306 — Abetment to suicide — Suicide by Husband — The court found that there was no evidence to show that appellant-wife had played an active role in abetting her husband's suicide — The court emphasized that for a conviction under Section 306, there must be a clear mens rea (intent) to commit the offense, and the accused must have either instigated, engaged in a conspiracy, or intentionally aided the person in committing suicide — The Court found that none of the
India Law Library Docid # 1604263

(278) VIKAS KANAUJIA Vs. SARITA [SUPREME COURT OF INDIA] 10-07-2024
Hindu Marriage Act, 1955 — Section 13 — Divorce — Ground of irretrievable breakdown of marriage — The couple had been married for only 23 days since the wife left the marital home, and they had been living separately for over 22 years — They had also filed multiple legal cases against each other, including criminal cases, and had not made any attempts at reconciliation — The court noted that the marriage had ceased to
India Law Library Docid # 1604264

(279) UNIWORLD LOGISTICS PVT. LTD. Vs. INDEV LOGISTICS PVT. LTD [SUPREME COURT OF INDIA] 10-07-2024
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 and Order 2 Rule 2 — Two different cause of action — The appeal challenged a High Court judgment that allowed the respondent to file a separate suit for recovery of arrears of storage charges, warehouse charges, and damages for illegal use and occupation beyond the period allowed in a notice — The appellant had filed a commercial suit claiming that the respondent had provided only 1,03,522 sq. ft. area of the factory shed instead of 1,50,000 sq.
India Law Library Docid # 1604265

(280) THE STATE OF PUNJAB AND OTHERS Vs. BHAGWANTPAL SINGH ALIAS BHAGWANT SINGH (DECEASED) THROUGH LRS. [SUPREME COURT OF INDIA] 10-07-2024
Limitation Act, 1963 — Article 65 — Ownership of land — The court found that the plaintiff's suit for possession was time-barred under Article 65 of the Act, 1963, as the plaintiff had known about the construction of the veterinary hospital on the disputed land since 1981 but filed the suit in 2001, more than 12 years later — The court also noted that the plaintiff had failed to claim relief of declaration, making the suit itself not maintainable — The court set aside the High Court's judgment a
India Law Library Docid # 1604266