(961) DELHI DEVELOPMENT AUTHORITY Vs. KRISHAN LAL ARORA AND OTHERS [SUPREME COURT OF INDIA] 02-11-2022 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act - In case the award has been passed within the window period of five years excluding the period covered by India Law Library Docid # 1602309
(962) DELHI DEVELOPMENT AUTHORITY Vs. BHAGWAT SINGH AND OTHERS [SUPREME COURT OF INDIA] 02-11-2022 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Lapse of acquisition proceedings - Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act - In case the award has been passed within the window period of five years excluding the period covered by India Law Library Docid # 1602310
(963) STATE OF MAHARASHTRA AND ANOTHER Vs. DR. MAROTI S/O KASHINATH PIMPALKAR [SUPREME COURT OF INDIA] 02-11-2022 Criminal Procedure Code, 1973 (CrPC) - Sections 161, 164, 173(2) and 482 - Evidence Act, 1872 - Sections 145 and 157 - Protection of Children from Sexual Offences Act, 2012 - Sections 19(1) and 21 - Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault India Law Library Docid # 1602308
(964) MOHAMMED SADIQ Vs. DEEPAK MANGLANI [SUPREME COURT OF INDIA] 01-11-2022 Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Section 10 - Eviction - Bonafide requirement - Landlord was carrying on business and that he had children for whom he wanted to set-up a business - On the ground that son of landlord was still pursuing studies, the High Court held that the requirement of the landlord was not bona fide - There is no bar for someone who is pursuing higher studies, to start a business - High Court, for a moment did not realize that it was deali India Law Library Docid # 1602364
(965) L. NARASIMHAIAH Vs. THE DIVISIONAL CONTROLLER, MYSORE URBAN DIVISION [SUPREME COURT OF INDIA] 01-11-2022 The Special Leave Petition was disposed of after considering rival submissions and facts on record. The grounds raised in the Review Petition do not make out any error apparent on record to justify interference. India Law Library Docid # 1602348
(966) D. KRISHNA MOHAN Vs. HON’BLE SECRETARY, HON’BLE SUPREME COURT LEGAL SERVICE COMMITTEE AND OTHERS [SUPREME COURT OF INDIA] 01-11-2022 Application for listing Review Petition in open Court is rejected. India Law Library Docid # 1602349
(967) RAGHUNATH BEHERA Vs. THE STATE OF ODISHA [SUPREME COURT OF INDIA] 01-11-2022 These matters listed today were petitions filed before this Court from the year 2020 to 2022. As there were defects in the filing, the same files were returned to the respective Advocates- on-Record for curing the defects and for refiling. These matters have not come back to the Registry after rectification of defects inspite of reminders having been sent to the learned Counsel. India Law Library Docid # 1602350
(968) NAVEEN Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 01-11-2022 Criminal Procedure Code, 1973 (CrPC) - Section 319 - Summoning of accused - Power under Section 319 CrPC is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where the circumstances of the case so warrant and the crucial test as noticed above has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to convict India Law Library Docid # 1602328
(969) STATE OF GUJARAT AND ANOTHER Vs. PRAVINKUMAR R. PATEL [SUPREME COURT OF INDIA] 01-11-2022 We refuse to condone the delay. Consequently, the instant Review Petition is dismissed on the ground of limitation. India Law Library Docid # 1602345
(970) KORUKANTI KUMAR Vs. STATE OF ANDHRA PRADESH [SUPREME COURT OF INDIA] 01-11-2022 The accused was found guilty of the offences punishable under Sections 376, 302 and 309 of the IPC. The conviction and sentence recorded by the Trial Court was affirmed by the High Court in appeal. The Special Leave Petition arising therefrom having been dismissed by this Court, the instant Review Petition is filed. India Law Library Docid # 1602346
(971) D. LAXMAMMA Vs. S. HALAPPA AND OTHERS [SUPREME COURT OF INDIA] 01-11-2022 There is delay of 975 days in filing the Review Petition. The explanation offered in the application seeking condonation of delay is not satisfactory at all. India Law Library Docid # 1602347
(972) M/S INTERNATIONAL MERCHANDISING COMPANY, APPELLANT LLC (EARLIER KNOWN AS INTERNATIONAL MERCHANDISING CORPORATION) Vs. COMMISSIONER, SERVICE TAX, NEW DELHI [SUPREME COURT OF INDIA] 01-11-2022 The appellant is engaged in providing diversified sports, entertainment and media services. It is registered with the jurisdictional service tax authorities under Chapter V of the Finance Act, 1994 for taxable event categories such as management consultant services, event management services, business auxiliary services, business exhibition services, and TV or radio programme production services. The appellant organizes events such as the Chennai Open Tennis Tournament and Lakme Fashion Week. It India Law Library Docid # 1602397
(973) ASHOK KUMAR SARAWAGI Vs. ENFORCEMENT DIRECTORATE AND ANOTHER [SUPREME COURT OF INDIA] 01-11-2022 Mr. Dhruv Mehta, learned Senior Advocate appearing for the petitioner submits that the order presently under challenge has relied upon two previous orders passed by NCLAT; in the matters of (i) Varrasana Ispat Limited Vs. Deputy Director of Enforcement Company Appeal (AT) (Insolvency) No.493 of 2019 and (ii) Kiran Shah vs. Enforcement Directorate -Company Appeal (At) (Ins.) No.817 of 2021. India Law Library Docid # 1846038
(974) EEGA SOUMYA Vs. M. MAHENDER REDDY AND OTHERS [SUPREME COURT OF INDIA] 01-11-2022 The present contempt petition seeks to highlight the conduct on part of the alleged contemnors in willfully violating the mandatory directions issued by this Court. The directions which are put in focus are those which were issued in the decision delivered in State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna - (2014) 8 SCC 913. Para 10 of said decision reads as under : India Law Library Docid # 1854685
(975) MOHD. ABID AND OTHERS Vs. RAVI NARESH AND OTHERS [SUPREME COURT OF INDIA] 01-11-2022 While the petitioners claim that they have purchased the subject property by way of four consecutive registered Sale Deeds dated 05.10.2020, the case of the respondents is that the suit property was purchased by their predecessors-in-interest way back on 16.11.1949 by way of a valid Sale Deed. India Law Library Docid # 1856504
(976) THE STATE OF JHARKHAND Vs. SHAILENDRA KUMAR RAI @ PANDAV RAI [SUPREME COURT OF INDIA] 31-10-2022 Rape - Two-finger test - While examining the victim, the Medical Board conducted what is known as the "two-finger test" to determine whether she was habituated to sexual intercourse - This Court has time and again deprecated the use of this regressive and invasive test in cases alleging rape and sexual assault - This so-called test has no scientific basis and neither proves nor disproves allegations of rape - It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, India Law Library Docid # 1602296
(977) DIRECTORATE OF ENFORCEMENT Vs. PADMANABHAN KISHORE [SUPREME COURT OF INDIA] 31-10-2022 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Prevention of Money Laundering Act, 2002 - Sections 3 and 4 - Penal Code, 1860 (IPC) - Section 120B - Prevention of Corruption Act, 1988 - Sections 7, 12, 13(1)(d) read with Section 13(2) - Money-laundering - Criminal proceedings quashed - Appeal against - Section 3 states, inter alia, that whoever knowingly assists or knowingly is a party or is actually involved in any process or activity connected with proceeds of crime including its conceal India Law Library Docid # 1602297
(978) AROON PURIE Vs. STATE OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 31-10-2022 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Section 499 - Defamation complaint - Quashing of - A news item titled (Article) 'Mission Misconduct' was published in the news magazine INDIA TODAY (for the period of 23.04.2007 to 30.04.2007) stating that in a string of embarrassments for the foreign office, three Indian Officials posted in the Indian High Commission at UK had to be recalled in quick succession following serious allegations of sexual misconduct, corru India Law Library Docid # 1602298
(979) UNION OF INDIA AND OTHERS Vs. MUNSHI RAM [SUPREME COURT OF INDIA] 31-10-2022 Service benefits - Railway employees - Employees working under the same employer - Railway Board working in different Zones/Divisions are required to be treated similarly and equally and are entitled to similar benefits and are entitled to the same treatment. As rightly submitted on behalf of the respondents, there cannot be any discrimination inter se. Under the circumstances, on the ground of parity, the Commission Vendors/bearers working in the Northern Railway are entitled to the same benefi India Law Library Docid # 1602299
(980) GUJARAT STATE CIVIL SUPPLIES CORPORATION LIMITED Vs. MAHAKALI FOODS PRIVATE LIMITED (UNIT 2) AND ANOTHER [SUPREME COURT OF INDIA] 31-10-2022 Micro, Small and Medium Enterprises Development Act, 2006 - Section 17 - No party to a dispute with regard to any amount due under Section 17 of the MSMED Act, 2006 would be precluded from making a reference to the Micro and Small Enterprises Facilitation Council, though an independent arbitration agreement exists between the parties. India Law Library Docid # 1602300