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(981) THE PRINCIPAL SECRETARY AND OTHERS Vs. GAGGAL AIRPORT EXPANSION AFFECTED SOCIAL WELFARE COMMITTEE[SUPREME COURT OF INDIA] 07-03-2024
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 — Section 11(1) — An interim order by the High Court to maintain the status quo regarding the R&R process and land acquisition for the Gaggal Airport expansion was inappropriate and uncalled for — The Supreme Court vacated the High Court's order, noting that it placed a complete embargo on the State following due process of law for the project, causing potential time and cost overruns — The
India Law Library Docid # 2421207

(982) M/S A.K. SARKAR AND COMPANY AND ANOTHER Vs. THE STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 07-03-2024
Prevention of Food Adulteration Act, 1954 - Section 16(1)(a)(i) read with Section 7 - Food Safety and Standards Act, 2006 - Section 52 - Misbranding - The Trial Court convicted the appellants, which was upheld by the District and Sessions Judge - However, ‘A’ was acquitted, and the High Court reduced the sentence for appellant no.2. - The Supreme Court upheld the conviction but considered the new Food Safety and Standards Act, 2006, which provides for a lesser penalty for misbranding, leading to
India Law Library Docid # 1603986

(983) JAVED AHMAD HAJAM Vs. STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 07-03-2024
Constitution of India, 1950 – Article 19(1)(a) - Penal Code, 1860 (IPC) – Section 153A – Promoting enmity - The appellant challenged an FIR filed against him for an offence under Section 153-A of the IPC, which was dismissed by the High Court - Allegations were based on WhatsApp status messages that were considered to promote disharmony or feelings of enmity, specifically regarding the abrogation of Article 370 and Independence Day of Pakistan - The Court analyzed the intention behind the messag
India Law Library Docid # 1603987

(984) RAVINDER KUMAR Vs. STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 06-03-2024
This appeal arises against the judgment and order passed by the Division Bench of the High Court of Delhi at New Delhi on 12th October, 2015 in Criminal Appeal No.287 of 2015, thereby dismissing the appeal filed by the appellant herein. The facts in brief leading to the filing of the present appeal are as under: Deceased-Meena, daughter of Mani Ram (PW.3) and Gyanwati (PW.6), got married to the appellant-Ravinder Kumar (accused No.1) on 20.06.1999. A male child named Harry was born out of the sa
India Law Library Docid # 1882469

(985) BIJENDER Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 06-03-2024
Appellant a Junior Engineer (Electrical) with the Municipal Corporation, Sonepat, was accused of taking a bribe to sign a proposal for upgrading a building to a 'green building' — His plea for anticipatory bail was rejected by the High Court — Whether appellant should be granted anticipatory bail despite allegations of non-cooperation with the investigation — Appellant argued that he had joined the investigation and that his behavior did not justify the denial of anticipatory bail — The State op
India Law Library Docid # 2417280

(986) SHARIK KHAN Vs. NARCOTICS CONTROL BUREAU [SUPREME COURT OF INDIA] 06-03-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 67 — The petitioner filed a special leave petition against the High Court of Delhi's order dismissing his application for anticipatory bail —The main issue is the delay of 219 days in filing the special leave petition and whether the delay should be condoned —The Supreme Court dismissed the application for condonation of delay and the special leave petition, citing unsatisfactory explanations for the delay —The Court emphasized compl
India Law Library Docid # 2417281

(987) DECCAN VALUE INVESTORS L.P. AND ANOTHER Vs. DINKAR VENKATASUBRAMANIAN AND ANOTHER [SUPREME COURT OF INDIA] 06-03-2024
Insolvency and Bankruptcy Code, 2016 — Section 62 —The case involves cross-appeals under Section 62 related to the resolution plan —Whether the resolution applicants can withdraw or modify the resolution plan after approval by the Committee of Creditors but before final approval by the adjudicating authority —The resolution applicants argued that they were misled by the resolution professional due to lack of information and alleged fraud —The respondents contended that the resolution applicants
India Law Library Docid # 2417282

(988) T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-03-2024
This is how the importance of the tigers in the ecosystem has been succinctly described in ‘Mahabharta’. The existence of the forest is necessary for the protection of tigers. In turn, if the tiger is protected, the ecosystem which revolves around him is also protected. The tiger represents the apex of the animal pyramid and the protection of their habitat must be a priority. “A healthy tiger population is an indicator of sustainable development in the 13 tiger range countries”
India Law Library Docid # 1603980

(989) VETHAMBAL AND OTHERS Vs. THE ORIENTAL INSURANCE COMPANY AND OTHERS [SUPREME COURT OF INDIA] 06-03-2024
Motor Accident Claims - The appellants are the dependants of ‘R' who died in a road accident in 2012 - They filed a claim petition for compensation of Rs. 1,00,00,000/- against the Insurance Company of the vehicle involved in the accident - The Tribunal assessed the income of the deceased at Rs. 50,000/- per month and awarded a total compensation of Rs. 51,64,550/- with interest @8% per annum to the appellants - The High Court reduced the income of the deceased to Rs. 20,000/- per month and awar
India Law Library Docid # 1603981

(990) XXXX Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 06-03-2024
Penal Code, 1860 (IPC) - Section 376(2)(n) and 506 - The appellant, XXXX, filed a petition to quash an FIR registered against him by the complainant, a married woman, for rape on false promise of marriage - The complainant claimed that she divorced her first husband and married the appellant in a temple in January 2019, after he promised to marry her - She alleged that he had physical relations with her from January 2019 to June 2020, and then refused to marry her - The appellant contended that
India Law Library Docid # 1603982

(991) THE STATE OF JHARKHAND Vs. SANDEEP KUMAR [SUPREME COURT OF INDIA] 06-03-2024
Penal Code, 1860 (IPC) - Sections 419, 466, 221, 205, 109 and 120-B/ 34 - The respondent, a police officer and the investigating officer in a case of counterfeit liquor, is accused of altering the FIR and arresting the wrong person to shield the real culprit - He was denied anticipatory bail by the lower court but granted by the High Court without any reasons - The State of Jharkhand appeals against the High Court’s order, arguing that the respondent abused his position and tampered with the evi
India Law Library Docid # 1603983

(992) THE TRAVANCORE DEVASWOM BOARD Vs. AYYAPPA SPICES AND OTHERS [SUPREME COURT OF INDIA] 06-03-2024
Food Safety and Standards Act, 2006 - Section 3(1)(j) - The Travancore Devaswom Board, which manages the Sabarimala Temple and prepares the Aravana Prasadam, appeals against the Kerala High Court’s orders to stop the distribution of the prasadam and to prosecute the board for violating the Food Safety and Standards Act, 2006 - The writ petition was filed by Ayyappa Spices, a cardamom supplier, who alleged that the board procured cardamom from another supplier without proper quality check and ten
India Law Library Docid # 1603984

(993) M/S SHAH ENTERPRISES THR. PADMABEN MANSUKHBHAI MODI Vs. VAIJAYANTIBEN RANJITSINGH SAWANT AND OTHERS [SUPREME COURT OF INDIA] 06-03-2024
Civil Procedure Code, 1908 (CPC) - Section 11 read with Order 14 Rule 2 and Section 151 - The appellant, who bought 20 acres of land in Survey No. 506, filed a contempt petition against the respondents, who filed a civil suit claiming ancestral rights over more than 2000 acres of land in Survey Nos. 505, 506, and 507, despite a consent decree in 1972 that cancelled the lease of their predecessor-in-title - The appellant contended that the filing of the suit was a brazen act to undermine the judi
India Law Library Docid # 1603985

(994) U.P. AVAS EVAM VIKAS PARISHAD Vs. CHANDRA SHEKHAR AND OTHERS [SUPREME COURT OF INDIA] 05-03-2024
The appellant-U.P. Avas Evam Vikas Parishad (Board) is aggrieved by the judgment dated 07.10.2015, passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, whereby acquisition in respect of Khasra No.673 (mentioned as plot No. 673 in the impugned judgment), situated within the revenue estate of village Hariharpur, Tehsil and District Lucknow, has been quashed on the ground that the respondent-tenure holders were not accorded opportunity to submit objections against
India Law Library Docid # 1882468

(995) SNEHADEEP STRUCTURES PVT. LIMITED Vs. MAHARASHTRA SMALL SCALE INDUSTRIES DEVELOPMENT CORPORATION LTD. [SUPREME COURT OF INDIA] 05-03-2024
During the course of the hearing, our attention was drawn to Sections 3, 4 and 5 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993[3]. For the sake of convenience, the said Sections are reproduced below: - Liability of buyer to make payment.- Where any supplier supplies any goods or renders any services to any buyer, the buyer shall make payment therefor on or before the date agreed upon between him and the supplier in writing or, where there is n
India Law Library Docid # 1882486

(996) RAJKUMAR Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 05-03-2024
Penal Code, 1860 (IPC) — Sections 342, 354, 366, 376(2)(n), 312, 201, 420, 506 and 509 —Information Technology Act, 2000 — Sections 66(E), 67 and 67(A) — The petitioner sought to invalidate an FIR filed against him by a former partner, alleging various offenses under the IPC and IT Act — Whether the FIR should be quashed based on the nature of the relationship and the allegations made — The FIR was a counterblast to his complaint of blackmail/extortion — He argued that the relationship was conse
India Law Library Docid # 2417283

(997) NAEEM Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 05-03-2024
Penal Code, 1860 (IPC) - Sections 34, 302 and 307 - Murder - Dying Declaration - The conviction is based solely on the dying declaration of the deceased, who stated that her brother-in-law poured kerosene on her and set her ablaze over a dispute regarding the partition of their shared residence, and that co-accused ‘N1’ and ‘N2 aided him in the act - The main legal issues are whether the dying declaration is reliable, voluntary and free from tutoring, and whether it can be the sole basis of conv
India Law Library Docid # 1603974

(998) SANGAM MILK PRODUCER COMPANY LTD. Vs. THE AGRICULTURAL MARKET COMMITTEE AND OTHERS [SUPREME COURT OF INDIA] 05-03-2024
Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 - Section 2(v), 3 and 4 - Whether “ghee” is a “product of livestock” under the Act and if the government notification regarding “ghee” followed proper procedure - The court upheld that “ghee” is indeed a “product of livestock” and the 1994 government notification was valid - The court ruled that market fees must be paid for “ghee” from 1994 to 2009, with provisions for installment payments.
India Law Library Docid # 1603975

(999) THE TELANGANA RESIDENTIAL EDUCATIONAL INSTITUTIONS RECRUITMENT BOARD Vs. SALUVADI SUMALATHA AND ANOTHER [SUPREME COURT OF INDIA] 05-03-2024
Service Law - Recruitment Process - Public Employment - Merely because a recruitment agency is not in a position to satisfy the Court, a relief cannot be extended to a candidate deprived as it will have a cascading effect not only on the said recruitment, but also to numerous others as well.
India Law Library Docid # 1603976

(1000) SUMAN L. SHAH Vs. THE CUSTODIAN AND OTHERS [SUPREME COURT OF INDIA] 05-03-2024
Special Court (Trial of Offences relating to transactions in Securities) Act, 1992 - Sections 3(2) and 3(3) - Attachment of Property - Properties of the person notified under Section 3(2) would stand attached automatically with effect from the date of notification by virtue of Section 3(3).
India Law Library Docid # 1603977