(141) GOQII TECHNOLOGIES PRIVATE LIMITED Vs. SOKRATI TECHNOLOGIES PRIVATE LIMITED [SUPREME COURT OF INDIA] 07-11-2024 Arbitration and Conciliation Act, 1996 — Section 11 — Appellant sought arbitration for disputes arising from a Master Services Agreement with respondent — The High Court dismissed their application for arbitration — Whether the High Court erred in dismissing the application for arbitration under Section 11 — Petitioner argued that the High Court exceeded its jurisdiction by conducting a detailed factual review instead of a prima facie examination — India Law Library Docid # 2419386
(142) COMMISSIONER OF CUSTOMS Vs. M/S CANON INDIA PVT. LTD. [SUPREME COURT OF INDIA] 07-11-2024 Customs Act, 1962 — Sections 2(34), 4, 6, 17 and 28(1) — The Customs Department filed a review petition against the judgment in the case of M/s Canon India Pvt. Ltd. v. Commissioner of Customs, questioning the jurisdiction of the Commissioner of Customs (Preventive) as a "proper officer" under the Customs Act, 1962 — The main issue is whether the Commissioner of Customs (Preventive) has the jurisdiction to issue show cause notices under Section 28 of the Act, 1962 — The Department argued that th India Law Library Docid # 2419388
(143) RAMKRISHNA MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Education Law — MBBS Seat — Two medical colleges were directed to keep one MBBS seat vacant due to interim orders from the High Court, which were later dismissed — Whether the colleges should be compensated for the vacant seats caused by the interim orders — The colleges argued that the vacant seats resulted in financial loss and underutilization of resources — The authorities claimed they were merely following court orders and should not be held liable — The Supreme Court allowed the appeals pa India Law Library Docid # 2419446
(144) DEVENDRA KUMAR AND OTHERS Vs. STATE CHHATTISGARH [SUPREME COURT OF INDIA] 06-11-2024 Penal Code, 1860 (IPC) — Sections 302, 304 Part I and 34 — Culpable homicide not amounting to murder — Modification of Sentence — Land Dispute — Whether the conviction under Section 302 IPC was appropriate or if it should be altered to a lesser offence — The appellants argued that the incident was a result of a sudden fight without premeditation due to a land dispute, suggesting the offence should fall under Section 304 IPC — The State contended that the conviction under Section 302 IPC was jus India Law Library Docid # 2419353
(145) M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD. Vs. RAMBHA DEVI AND OTHERS [SUPREME COURT OF INDIA] 06-11-2024 Motor Vehicles Act, 1988 — Sections 2(21) and 10(2)(d) — Whether a person with a 'Light Motor Vehicle' (LMV) license can drive a 'Transport Vehicle' without a specific endorsement if the vehicle's weight does not exceed 7,500 kgs — The main issue is the interpretation of the Motor Vehicle Act, 1988, and whether the decision in Mukund Dewangan v. Oriental Insurance Co. Ltd., (2016) 4 SCC 298 was correct in allowing LMV license holders to drive transport vehicles without additional endorsements — India Law Library Docid # 2419354
(146) DIRECTORATE OF ENFORCEMENT Vs. BIBHU PRASAD ACHARYA, ETC. [SUPREME COURT OF INDIA] 06-11-2024 Criminal Procedure Code, 1973 — Section 197(1) — Prevention of Money Laundering Act, 2002 — Sections 65 and 71 — Applicability of Section 197(1) of CrPC to PMLA Proceedings — The Supreme Court held that Section 197(1) of the CrPC, which mandates prior sanction for the prosecution of public servants, applies to proceedings under the Prevention of Money Laundering Act, 2002 (PMLA) — This conclusion was reached based on the interpretation of Sections 65 and 71 of the PMLA, which make the provision India Law Library Docid # 2419356
(147) UNION OF INDIA AND OTHERS Vs. WING COMMANDER M.S. MANDER [SUPREME COURT OF INDIA] 06-11-2024 Air Force Act, 1950 — Sections 45, 65 and Section 71 — Penal Code, 1860 (IPC) — Section 302, 325, 342 and 149 — The General Court Martial GCM found guilty, but the Armed Forces Tribunal later set aside the conviction — The main issue was whether the respondent's actions led to the wrongful confinement and death of signalman — The appellants argued that the Tribunal did not consider all charges and relied on evidence from multiple witnesses to prove the respondent's guilt — The respondent contend India Law Library Docid # 2419357
(148) SONU CHOUDARY Vs. STATE OF NCT DELHI [SUPREME COURT OF INDIA] 06-11-2024 Penal Code, 1860 (IPC) — Sections 325 and 452 — House-trespass — Appellant was convicted for causing injuries with a blade at Restaurant — The main issue was whether the conviction under Section 452 (house-trespass) was justified — The appellant argued that the conviction was based on the solitary evidence of PW-1 and that no case for house trespass was made out — The State supported the conviction, stating that both lower courts had rightly found the appellant guilty — The Supreme Court upheld India Law Library Docid # 2419442
(149) MANIK PANJABRAO KALMEGH Vs. EXECUTIVE ENGINEER BEMBLA PROJECT DIVISION YAVATMAL AND OTHERS [SUPREME COURT OF INDIA] 06-11-2024 Land Acquisition Act, 1894 — Section 4 — Additional compensation — The main issues were the determination of fair compensation for the acquired land, fruit-bearing trees, and a borewell, and whether compensation for these could be awarded in a review application — The appellant argued for cumulative annual increase in land value and compensation for fruit-bearing trees and borewell — The respondents contended that the compensation awarded was fair and that the review application was not the prop India Law Library Docid # 2419444
(150) IN RE MANOJ TIBREWAL AKASH[SUPREME COURT OF INDIA] 06-11-2024 Unlawful Demolition — Road widening project — The petitioner complained about the unlawful demolition of his ancestral house and shop by the authorities in Maharajganj, Uttar Pradesh, for a road widening project — The main issue was whether the demolition was carried out lawfully and whether due process was followed — The petitioner argued that the demolition was done without proper notice, beyond the extent of alleged encroachment, and without compensation — The State claimed the demolition was India Law Library Docid # 2419445
(151) MUKUL KUMAR TYAGI Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 05-11-2024 U.P. State Power Parishad Operative Employees Cadre Service Regulations, 1995 — Termination — Reinstatement — The applicants were appointed as Technician Grade-II (Electrical) in Uttar Pradesh Power Corporation Limited (UPPCL) but were terminated due to not possessing the required CCC certificate at the time of application — Whether the termination of the applicants who obtained the CCC certificate after the application deadline but before the interview was justified — The applicants argued tha India Law Library Docid # 2419345
(152) NABHA POWER LIMITED AND ANOTHER Vs. PUNJAB STATE POWER COROPORATION LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 05-11-2024 Electricity Act, 2003 — Section 86(1)(f) — Mega Power Policy and customs duty exemptions — The main issue was whether the press release on 01.10.2009 constituted a change in law affecting the Mega Power Policy and customs duty exemptions — The petitioner argued that the Cabinet decision on 01.10.2009, announced through a press release, constituted a change in law and should be considered in their bid — The respondent contended that the press release India Law Library Docid # 2419346
(153) ANJUM KADARI AND ANOTHER Vs. UNION OF INDIAAND OTHERS [SUPREME COURT OF INDIA] 05-11-2024 Uttar Pradesh Board of Madarsa Education Act, 2004, was struck down by the Allahabad High Court for violating secularism and Articles 14 and 21A of the Constitution — The constitutionality of the Madarsa Act, its compliance with secularism, and its conflict with the UGC Act — The Act regulates secular activities of Madarsas, ensuring educational standards without violating minority rights — Respondent argues that the Act promotes religious instruction, violating secularism and constitutional pro India Law Library Docid # 2419347
(154) NOIDA SPECIAL ECONOMIC ZONE AUTHORITY Vs. MANISH AGARWAL AND OTHERS [SUPREME COURT OF INDIA] 05-11-2024 Insolvency and Bankruptcy Code, 2016 — Sections 31(1) and 60(5) — Approval of Resolution Plan — The case involves the NOIDA Special Economic Zone Authority challenging the approval of a Resolution Plan by the NCLT and NCLAT for R-2, which defaulted on lease payments and had no activity on the leased land since 2003-2004 — The main issues were the approval of the Resolution Plan, the valuation of the Corporate Debtor, and the disbursement of the admitted claim of INR 6.29 Crores to the appellant India Law Library Docid # 2419349
(155) KARAKKATTU MUHAMMED BASHEER Vs. THE STATE OF KERALA [SUPREME COURT OF INDIA] 05-11-2024 Penal Code, 1860 (IPC) — Sections 302 and 201 — Murder — Circumstantial evidence — The main issue was whether the appellant's conviction based on circumstantial evidence was justified — The appellant argued that the evidence was circumstantial, with no eyewitnesses, and there were gaps in the prosecution's case —The State argued that the circumstantial evidence was sufficient to uphold the conviction — The Supreme Court acquitted the appellant, finding that the prosecution failed to establish an India Law Library Docid # 2419350
(156) MISS RUSHI @ RUCHI THAPA, THROUGH HER FATHER, SRI DHAN BAHADUR THAPA Vs. M/S. ORIENTAL INSURANCE CO. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 05-11-2024 Motor Accident Claims — Permanent Disability — Enhancement of Compensation — The appellant, a minor, suffered 75% permanent disability due to a road accident — The adequacy of the compensation awarded by the Motor Accident Claims Tribunal (MACT) and the Gauhati High Court — The Supreme Court increased the compensation to Rs. 34,07,771, considering factors like loss of future earnings, future medical treatment, and attendant charges — The appeal was allowed India Law Library Docid # 2419351
(157) SUBRATA CHOUDHURY @ SANTOSH CHOUDHURY AND OTHERS Vs. THE STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 05-11-2024 Criminal Procedure Code, 1973 (CrPC) — Sections 173 and 300(1) — Second Complaint — Whether a fresh complaint on the same set of facts is maintainable after the acceptance of a negative Final Report under Section 173 of the Cr.P.C — The Supreme Court upheld the High Court's decision, allowing the second complaint to proceed —The Court reasoned that there is no blanket bar on filing a second complaint on the same facts, provided it meets certain India Law Library Docid # 2419352
(158) PROPERTY OWNERS ASSOCIATION AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 05-11-2024 Property Rights vs. Public Welfare — The judgment highlights a nuanced approach to property rights, noting that while the state can acquire property for public welfare under specific conditions, such actions must respect constitutional limits and not be arbitrary — This balance aims to protect individual rights while allowing state intervention for equitable social and economic goals. India Law Library Docid # 2419387
(159) JUSTICE SHAILENDRA SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-11-2024 High Court Judges (Salaries and Conditions of Service) Act 1954 — Eight judges of the Patna High Court challenged a communication from the Department of Justice regarding their provident fund accounts — Whether judges appointed from the district judiciary are entitled to the General Provident Fund available to High Court judges —Petitioners argue that the Financial independence and uniformity in service conditions for all High Court judges, regardless of their source of appointment — Respondent' India Law Library Docid # 2419443
(160) ANOOP M. AND OTHERS Vs. GIREESHKUMAR T.M. AND OTHERS ETC. [SUPREME COURT OF INDIA] 04-11-2024 Service Law — Recruitment — Recruitment for Lower Division Clerk (LDC) posts in the Kerala Water Authority, with a dispute over the qualifications required —Whether candidates with higher qualifications like a Diploma in Computer Applications (DCA) should be considered eligible for the LDC posts — The Kerala Public Service Commission (KPSC) argued that only candidates with the specified certificate in Data Entry and Office Automation should be eligible — Candidates with higher qualifications arg India Law Library Docid # 2419306