(861) SHANKAR KUMAR JHA Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 07-02-2023 The only prayer made in this petition filed under Article 136 of the Constitution of India is to direct the High Court of Judicature at Patna to decide the pending writ petition of the petitioner within a time bound schedule. India Law Library Docid # 1602887
(862) DEVU G. Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 06-02-2023 Counsel appearing on behalf of the petitioner submits that the petitioner and the detenu are in a same sex relationship and the order of the High Court directing that the statement of the detenu should be recorded by the Secretary of the DLSA when she was under the confines of her parents would not serve the purpose. Moreover, it has been submitted that the direction of the High Court for the detenu to attend counselling sessions is fundamentally erroneous. India Law Library Docid # 1602903
(863) RAJKUMAR Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 06-02-2023 Following the above decision, this Court has been repeatedly moved in petitions under Article 32 of the Constitution of India for securing the premature release of individual convicts because their cases for premature release have not been considered. India Law Library Docid # 1602904
(864) SHAHEEN ABDULLA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-02-2023 We record the submission of Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Respondent-State of Maharashtra that if permission is applied by Sakal Hindu Samaj for holding contemplated meeting on 05.02.2023 and if permission is granted it will be subject to the condition that nobody will make any hate speech and in defiance of law or disturbing the public order. India Law Library Docid # 1865674
(865) SHAHEEN ABDULLA Vs. UNION OF INDIA AND OTHERS. [SUPREME COURT OF INDIA] 03-02-2023 We record the submission of Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Respondent-State of Maharashtra that if permission is applied by Sakal Hindu Samaj for holding contemplated meeting on 05.02.2023 and if permission is granted it will be subject to the condition that nobody will make any hate speech and in defiance of law or disturbing the public order. India Law Library Docid # 1867250
(866) ANUSHKA RENGUNTHWAR AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-02-2023 Citizenship Act 1955 - Section 7B - Rights of Overseas Citizens of India (OCI) - Entrance tests to medical courses - Notification dated 04.03.2021 is based on a policy and in the exercise of the statutory power of a Sovereign State, the provisions as contained therein shall apply prospectively only to persons who are born in a foreign country subsequent to 04.03.2021 i.e. the date of the notification and who seek for a registration as OCI cardholder from that date since at that juncture the pare India Law Library Docid # 1602654
(867) SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER [SUPREME COURT OF INDIA] 03-02-2023 Mr. Luthra submits that the model adopted for giving information by Maharashtra and Punjab & Haryana High Courts is the appropriate one in relation to the their States and others do not disclose the full information. The States as well as the High Courts are called upon to collect the affidavits of Maharashtra and Punjab & Haryana from Mr. Luthra's office and the compliance report now filed must be in that format. Three weeks' time is granted to do the needful as aforesaid. India Law Library Docid # 1602909
(868) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 02-02-2023 Constitution of India, 1950 - Article 32 - Representation of the People Act 1951 - Section 33(7) - Challenging Constitutional validity of Section 33(7) of the Representation of the People Act 1951 - Petitioner seeks a direction to the Central government and the Election Commission of India to take appropriate steps to restrict any person from contesting an election for the "same office" from more than one constituency simultaneously - Permitting a candidate to contest from more than one seat in India Law Library Docid # 1602660
(869) SNEHASIS GIRI AND OTHERS Vs. SUBHASIS MITRA [SUPREME COURT OF INDIA] 02-02-2023 Leave granted in SLP(C) No. 3352 of 2021. Permission to file Contempt Petitions in Civil Appeal No. 5808/ 2017 is granted. These are taken along with the remaining above-mentioned Contempt Petitions. India Law Library Docid # 1602665
(870) MAHARASHTRA STATE FINANCIAL CORPORATION EX-EMPLOYEES ASSOCIATION AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 02-02-2023 Service Law - VRS employees cannot claim parity with others who retired upon achieving the age of superannuation - Employees who secured VRS benefits and left the service of MSFC voluntarily during this period, stand on a different footing - They cannot claim parity with those who worked continuously, discharged their functions, and thereafter superannuated - VRS employees chose to opt and leave the service of the corporation; they found the VRS offer beneficial to them India Law Library Docid # 1602651
(871) BAINI PRASAD (D) THR. LRS. Vs. DURGA DEVI [SUPREME COURT OF INDIA] 02-02-2023 Civil Suit - Recovery of possession - A case where the owner of the land filed suit for recovery of possession of his land from the encroacher and once he establishes his title, merely because some structures are erected by the opposite party ignoring the objection, that too without any bona fide belief, denying the relief of recovery of possession would tantamount to allowing a trespasser/encroacher to purchase another man's property against that man's will. India Law Library Docid # 1602652
(872) SHYAM KUMAR GUPTA AND OTHERS Vs. SHUBHAM JAIN [SUPREME COURT OF INDIA] 02-02-2023 Code of Civil Procedure, 1908 - Order 9 Rule 13 - Provincial Small Cause Courts Act, 1887 - Section 17 - Setting aside of ex parte judgment and decree - A practical view was required to be taken and if all any further deposit or furnishing of security was considered necessary, appropriate orders could have been passed in that regard - Putting it differently, in terms of Section 17 of the Act of 1887 read with Order IX Rule 13 CPC, the Court could have extended the time for making deposit if so r India Law Library Docid # 1602705
(873) STATE OF KERALA Vs. M/S AKAY FLAVOURS AND AROMATICS LTD. [SUPREME COURT OF INDIA] 02-02-2023 The appeals have been preferred both by the State (Revenue) as well as by the Industrial unit. The short controversy is with respect to the entitlement to exemption. The Revenue contends that the exemption limit by five years in point of time was to commence from the date of approval by the Central Government, to the approval to the project. The assesses had on the other hand contended that the exemption would commence from the date of commencement of production. India Law Library Docid # 1603462
(874) THE STATE OF GUJARAT AND OTHERS Vs. MULTIPLEX ASSN. OF GUJARAT THROUGH ITS PRESIDENT [SUPREME COURT OF INDIA] 02-02-2023 This Court had occasion to deal with the substantial grievance of the present writ petitioner(s)/respondents, in a judgment reported in Devi Multiplex & another v State of Gujarat and Others, (2015) 9 SCC 132. The issue which concerns this Court in the present proceedings, with respect to the method of calculation or the method of determining the exemption limits under the scheme, extended by the State, to multiplexes, who had put up capital infrastructure. India Law Library Docid # 1603463
(875) B V SESHAIAH Vs. THE STATE OF TELANGANA AND ANOTHER [SUPREME COURT OF INDIA] 01-02-2023 Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Compromise between parties - A very clear case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation - When such a step has been taken by the parties, and the law very clearly allows them to do the same, the High Court then cannot override such compounding and impose its will - Respondent No.2 was duty bound to file a compromise petition before the High Court, India Law Library Docid # 1602649
(876) K.T.V. HEALTH FOOD PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 01-02-2023 The appellant challenges the Order passed by the National Green Tribunal (NGT), Southern Zone. By the impugned Order, the NGT has allowed the appeal filed by Respondent No.5 and set aside proceedings dated 08.03.2019. By the said proceedings, Respondent No.1 had granted ex post facto clearance purporting to invoke paragraph-4.3 of the Notification issued in the year 2011 (hereinafter referred to as, ‘the 2011 Notification’) under the Environment Protection Act, 1986 (hereinafter referred to as, India Law Library Docid # 1602647
(877) M/S GODREJ SARA LEE LIMITED Vs. THE EXCISE AND TAXATION OFFICER-CUM-ASSESSING AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 01-02-2023 Constitution of India, 1950 - Article 226 - Writ Petition - Alternative remedy - Alternative remedies should not be a ground to dismiss a writ Petition - Power to issue prerogative writs under Article 226 is plenary in nature - Any limitation on the exercise of such power must be traceable in the Constitution itself. India Law Library Docid # 1602648
(878) RAJU RAM Vs. THE STATE OF BIHAR [SUPREME COURT OF INDIA] 31-01-2023 The petitioner seeks his enlargement on regular bail in n.d.p.s. Case No.07/2019/02/18, arising out of Sherghati Excise Case No.537/2017, which is pending in the Court of learned Additional Sessions Judge-III, Gaya (Bihar). The allegations are that during checking by the excise officials at Dhirjabridge (Dobhi Chatra Road), two persons including the petitioner were caught with two packets containing 12 kg and 13 kg opium respectively. India Law Library Docid # 1866155
(879) IN RE : POLICY STRATEGY FOR GRANT OF BAIL Vs. [SUPREME COURT OF INDIA] 31-01-2023 Mr. Gaurav Agrawal, learned Amicus Curiae has drawn our attention to order dtd. 29/11/2022 qua the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions. In this behalf the report by the NALSA has been placed before us filed on 30/1/2023. After recording the discussions which have been held, it has been stated in para 5 of the report that there are 5,000 undertrial prisoners who were in India Law Library Docid # 1866883
(880) IN RE : POLICY STRATEGY FOR GRANT OF BAIL[SUPREME COURT OF INDIA] 31-01-2023 Mr. Gaurav Agrawal, learned Amicus Curiae has drawn our attention to order dated 29.11.2022 qua the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions. In this behalf the report by the NALSA has been placed before us filed on 30.01.2023. After recording the discussions which have been held, it has been stated in para 5 of the report that there are 5,000 undertrial prisoners who were i India Law Library Docid # 1869025