(861) DR. BALBIR SINGH BHANDARI Vs. THE STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 10-01-2024 Service Law - Recovery of personal/promotional pay scale benefits - Benefit of a personal/promotional pay scale was granted to Appellants/Ayurvedic Medical Officers by the State of Uttarakhand - Benefit was withdrawn under a subsequent decision of the State of Uttarakhand - By the order dated 8th November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the India Law Library Docid # 1603862
(862) ALAGAMMAL AND OTHERS Vs. GANESAN AND ANOTHER [SUPREME COURT OF INDIA] 10-01-2024 Suit for Specific Performance - Agreement to Sale - Readiness and willingness - Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and there being no willingness shown by them to pay the remaining amount or getting the Sale Deed ascribed on necessary stamp paper and giving notice to the appellants to execute the Sale Deed, it cannot be said that in the present case, judged on the anvil of the conduct of parties, especially the a India Law Library Docid # 1603863
(863) SURESH GARODIA Vs. THE STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 09-01-2024 The appellant has approached this Court being aggrieved by the order dated 22nd August 2022 passed by the learned Single Judge of the Gauhati High Court, dismissing the application filed by the appellant under Section 482 of the Criminal Procedure Code, 1973 (for short, Cr.P.C.) for quashing of criminal proceedings under Sections 376/506 of the Indian Penal Code, 1860 (for short, IPC) so also for quashing of the order dated 4th July 2017 passed by the learned Magistrate for taking cognizance und India Law Library Docid # 1882085
(864) MOHD. JULFUKAR Vs. THE STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 09-01-2024 This appeal challenges the order dated 11th October 2022, passed by the High Court of Uttarakhand in C-482 No.666 of 2020, vide which the application filed by the present appellant for quashing of the proceedings under Sections 376 and 506 of the Indian Penal Code, 1860 (for short, IPC) came to be rejected. The undisputed facts which lead to filing of the present appeal are as under:- The appellant was in relationship with the complainant. It appears that the relationship of the appellant with t India Law Library Docid # 1882347
(865) VYJYANTI MEHRA Vs. HIMACHAL PRADESH UNIVERSITY AND ANOTHER [SUPREME COURT OF INDIA] 09-01-2024 Education Law — The appellant sought compensation of Rs. 10 Lakhs from Himachal Pradesh University for revaluating subjects she did not apply for, which reduced her total marks — The trial court awarded her Rs. 4 Lakhs in damages, but the High Court dismissed the suit — Whether the revaluation of subjects not applied for by the appellant was justified and whether the appellant was entitled to damages — The Supreme Court set aside the High Court's judgment and restored the trial court's award of India Law Library Docid # 2417341
(866) M/S. K.P. MOZIKA Vs. OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS [SUPREME COURT OF INDIA] 09-01-2024 Constitution of India, 1950 - Article 366(29A)(d) - Finance Act, 1994 - Section 65(105)(zzzzj) - Transfer of right to use the goods - In every case where the owner of the goods permits another person to use goods, the transaction need not be of the transfer of the right to use the goods - It can be simply a license to use the goods which may not amount to the transfer of the right to use - Essentially, the transfer of the right to use will involve not only possession, which may be granted at som India Law Library Docid # 1603861
(867) ANJUM ARA Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024 The present appeal challenges the judgment and order dated 28th November 2022 passed by the Division Bench of the High Court of Judicature at Patna in Letters Patent Appeal (LPA) No. 1853 of 2016 in Civil Writ Jurisdiction Case (CWJC) No. 17585 of 2015, thereby dismissing the appeal filed by the present appellant. The facts, in brief, giving rise to the present appeal are as under: On 17th October 2012, District Programme Officer, Katihar published a notice for selection of Anganwari Workers/Sev India Law Library Docid # 1882084
(868) JAIPUR VIDYUT VITRAN NIGAM LTD. AND OTHERS Vs. MB POWER (MADHYA PRADESH) LIMITED AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024 Constitution of India, 1950 - Article 226 - Writ of Mandamus - Contractual Matters - In any case, the High Court, by the impugned judgment and order, could not have issued a mandamus to the instrumentalities of the State to enter into a contract, which was totally harmful to the public interest - Award of a contract, whether it is by a private party or by a public body or the State, is essentially a commercial transaction - In arriving at a commercial decision, considerations which are paramount India Law Library Docid # 1603858
(869) BILKIS YAKUB RASOOL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024 Criminal Procedure Code, 1973 (CrPC) - Sections 432, 433 and 433A - Penal Code, 1860 (IPC) - Sections 143, 147, 302, 376(2)(e) and 376(2)(g) - Bilkis Bano Gang Rape Case - Setting Aside of Remission Orders of 11 Convicts - Charges of Murders and Gang Rapes During 2002 Communal Riots in Gujarat - Application for remission under Section 432 of the CrPC could be only before the Government of the State within whose territorial jurisdiction the applicant was convicted (appropriate Government) and not India Law Library Docid # 1603860
(870) JITENDRA KUMAR MISHRA @ JITTU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-01-2024 Criminal Procedure Code, 1973 (CrPC) - Section 386 - Interfering with conviction and sentence - Power of Appellate Court - Appellate court should be slow in interfering with the conviction recorded by the courts below but where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken, the appellate court should not shy away in giving the benefi India Law Library Docid # 1603854
(871) PRADEEP KUMAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 05-01-2024 Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Circumstantial Evidence - While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies - Conviction and sentence is set-aside - Appeal allowed. India Law Library Docid # 1603855
(872) GURDEV SINGH BHALLA Vs. STATE OF PUNJAB AND OTHERS [SUPREME COURT OF INDIA] 05-01-2024 Criminal Procedure Code, 1973 (CrPC) - Section 319 - Penal Code, 1860 (IPC) - Sections 406, 409, 420, 457 and 380 - Prevention of Corruption Act, 1988 - Sections 13(1)(d) and 13(2) - Summoning order against police officials - Misappropriating of paddy - Corruption - There appears to be prima facie evidence on record to make it a triable case as against the police officials - Summoning order against police officials is upheld - Appeal dismissed. India Law Library Docid # 1603859
(873) GHANSHYAM GAUTAM AND ANOTHER Vs. USHA RANI (SINCE DECEASED) THROUGH L.R.S. [SUPREME COURT OF INDIA] 04-01-2024 Negotiable Instruments Act, 1881 — Section 138 — The parties settled the matter with a compromise deed where the respondent agreed to accept 1,14,000 as full and final settlement — Whether the proceedings under Section 138 of the NI Act should be quashed after the settlement between the parties — The appellant argued that since the settlement was reached and the amount was paid, the proceedings should be quashed — The Supreme Court allowed the appeal, quashing the proceedings under Section 138 o India Law Library Docid # 2417342
(874) NABENDU KUMAR BANDYOPADHYAY Vs. THE ADDITIONAL CHIEF SECRETARY AND OTHERS [SUPREME COURT OF INDIA] 04-01-2024 The appellant filed an application with the National Green Tribunal (NGT) alleging that a water body was being filled in — The NGT dismissed the application based on photographs without conducting an inquiry — Whether the NGT erred in dismissing the application without an inquiry and whether the State's actions were sufficient to address the issue — The Supreme Court set aside the NGT's order and remitted the case back to the NGT for a fresh inquiry — The appeal was allowed, and the NGT was dire India Law Library Docid # 2417343
(875) RAJARAM SHARMA Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 04-01-2024 Penal Code, 1860 (IPC) — Sections 420, 406, 504, and 506 — The appellant sought to quash criminal proceedings related to a land sale deal involving alleged money transfers and cash payments — Whether the allegations in the FIR and chargesheet constituted offences — The appellant argued that the allegations did not meet the necessary ingredients for the offences and that the complainant was not directly involved in the transactions — The Supreme Court allowed the appeal, quashing the FIR and char India Law Library Docid # 2417344
(876) M/S. HERBICIDES INDIA LIMITED Vs. THE ASSISTANT COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 04-01-2024 Income Tax — The appeals relate to the disallowance of interest for the assessment years 2001-2002 and 2002-2003 — The main issue is whether the High Court erred in dismissing the appeals without adjudication on merits due to procedural delays in filing paper books — The Supreme Court set aside the High Court's orders and restored the appeals for proper adjudication on merits — The High Court is directed to hear the appeals together and dispose of the matters after giving an opportunity to all c India Law Library Docid # 2417345
(877) GHANSHYAM GAUTAM AND ANOTHER Vs. USHA RANI (SINCE DECEASED) THROUGH L.R.S [SUPREME COURT OF INDIA] 04-01-2024 Negotiable Instruments Act, 1881 — Section 138 — Settlement in Section 138 NI Act Cases — The Supreme Court has clarified that in cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), if the parties arrive at a settlement and the complainant accepts a specified amount as full and final settlement of the cheque amount and any fine imposed by the court, the criminal proceedings under Section 138 NI Act can be quashed — This decision underscores the India Law Library Docid # 2417462
(878) S.V. SAMUDRAM Vs. STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 04-01-2024 Arbitration and Conciliation Act, 1996 - Section 34 - Arbitral award - Jurisdiction to modify - Any court under Section 34 would have no jurisdiction to modify the arbitral award. India Law Library Docid # 1603851
(879) SARFARAZ ALAM Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-01-2024 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) - Section 3 - Detention order - Right of detenue to make representation - In a case where a detenue is not in a position to understand the language, a mere verbal explanation would not suffice - Similarly, where a detenue consciously declines to receive the grounds of detention, he has to be informed about his right to make a representation - In such a scenario, the question as to whether the grounds of India Law Library Docid # 1603852
(880) DARSHAN SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 04-01-2024 Penal Code, 1860 (IPC) - Sections 302 and 34 - Murder of wife - Circumstantial evidence - Benefit of doubt - When the conviction is to be based on circumstantial evidence solely, then there should not be any snap in the chain of circumstances - If there is a snap in the chain, the accused is entitled to benefit of doubt - If some of the circumstances in the chain can be explained by any other reasonable hypothesis, then also the accused is entitled to the benefit of doubt - Conviction and senten India Law Library Docid # 1603853