(161) THE MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN COMPANY LIMITED AND OTHERS Vs. BAPUNA ALCOBREW PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 04-11-2024 Electricity Act, 2003 — Section 56(2) — The case involves a dispute over electricity supply agreements and minimum guarantee charges —Whether Section 56(2) of the Electricity Act, 2003 applies to demands for dues incurred under the Indian Electricity Act, 1910, and whether the demand is barred by limitation — The appellants argued that the limitation period under Section 56(2) of the 2003 Act does not apply to liabilities incurred before the Act's enforcement — The respondents India Law Library Docid # 2419348
(162) RAMRATAN @ RAMSWAROOP AND ANOTHER Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 25-10-2024 Criminal Procedure Code, 1973 — Sections 437(3) and 439(1) — Whether the High Court exceeded its jurisdiction when imposing conditions for granting bail — The High Court had granted bail to the appellants, who were charged with offences such as trespass, assault and demolition — The Supreme Court observed that bail conditions should be reasonable and directly related to ensuring the accused’s presence at trial — The Court held that the High Court’s conditions affected the appellants' civil right India Law Library Docid # 2419098
(163) NEERAJ SUD AND ANOTHER Vs. JASWINDER SINGH (MINOR) AND ANOTHER [SUPREME COURT OF INDIA] 25-10-2024 Consumer Law — Medical Negligence — The case involves a complaint of medical negligence against Doctor and PGI for a surgery performed on a minor's eye condition (PTOSIS), which allegedly worsened post-surgery —Whether Appellant-Doctor and PGI were negligent in performing the surgery and providing treatment, leading to the deterioration of the patient's condition — The complainants argued that the surgery was performed negligently, causing further deterioration of the patient's eye condition an India Law Library Docid # 2419099
(164) THE STATE OF MADHYA PRADESH Vs. RAMJAN KHAN AND OTHERS [SUPREME COURT OF INDIA] 25-10-2024 Penal Code, 1860 (IPC) — Section 302 read 34 — The respondents were accused of murder — The trial court convicted them based on eyewitness testimonies and medical evidence, sentencing them to life imprisonment — The High Court later acquitted them, citing unreliable evidence — Whether the High Court was justified in acquitting the respondents by finding the prosecution's evidence unreliable — The State argued that the trial court's conviction was based on credible eyewitness testimonies and medi India Law Library Docid # 2419100
(165) SAROJ AND OTHERS Vs. IFFCO-TOKIO GENERAL INSURANCE CO. AND OTHERS[SUPREME COURT OF INDIA] 24-10-2024 Motor Vehciles Act, 1988 — Death in Road Accident — Compensation — Conflict between the dates of birth mentioned in the School Leaving Certificate and the Aadhar Card, which document should be considered authoritative for determining the age of the deceased — Supreme Court held that in cases of conflict between the dates of birth mentioned in the School Leaving Certificate and the Aadhar Card, the India Law Library Docid # 2419030
(166) N. THAJUDEEN Vs. TAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARD [SUPREME COURT OF INDIA] 24-10-2024 Transfer of Property Act, 1882 — Section 126 — Validity of Gift Deed and Acceptance — The Court emphasized that a gift deed is valid if it is executed with the intention to transfer property without consideration and is accepted by the donee — Acceptance can be implied from the conduct of the parties, such as taking possession of the property or initiating steps to use the property for the purpose specified in the deed. India Law Library Docid # 2419050
(167) CENTRAL BUREAU OF INVESTIGATION Vs. ASHOK SIRPAL [SUPREME COURT OF INDIA] 24-10-2024 Criminal Procedure Code, 1973 (CrPC) — Section 389 — Power to Suspend Sentence and Fine under Section 389 of CrPC — The Supreme Court clarified that under Section 389(1) of the CrPC, an appellate court has the power to suspend not only the sentence of imprisonment but also the sentence of fine imposed on a convicted person — This power can be exercised either unconditionally or with conditions as deemed fit by the court — The court emphasized that there are no statutory fetters on the exercise o India Law Library Docid # 2419051
(168) NISAR AHMAD AND OTHERS Vs. SAMI ULLAH (DEAD) THROUGH LRS. AND ANOTHER [SUPREME COURT OF INDIA] 24-10-2024 Uttar Pradesh Consolidation of Holdings Act, 1953 — Section 9(2) — Joint family property — Division of property — The court clarified that principles of Hindu law should not be applied to Muslim tenure-holders, and that registered documents carry a presumption of genuineness — The court also emphasized the finality of appellate orders, the power of the Director of Consolidation to exercise revision and reference, the importance of proper consolidation proceedings, and the role of courts in revie India Law Library Docid # 2419052
(169) SAPNA NEGI Vs. CHAMAN SINGH AND ANOTHER [SUPREME COURT OF INDIA] 24-10-2024 Hindu Marriage Act, 1955 — Section 13(1)(i-a) — Divorce — The main issue was whether the marriage had irretrievably broken down and if the divorce should be granted under Article 142(1) of the Constitution of India — The petitioner claimed neglect by the husband, leading her to return to her parental home — She also disputed a settlement agreement regarding their daughter's custody and financial support — The Supreme Court dissolved the marriage, citing irretrievable breakdown and the need to d India Law Library Docid # 2419053
(170) SUHAS CHAKMA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 23-10-2024 Constitution of India, 1950 — Articles 21, 32 and 39A— The writ petition was seeking directions to prevent torture and inhumane treatment of prisoners due to overcrowded and unhygienic jail conditions — The main issues were ensuring prisoners' rights to humane treatment and access to free legal aid — The petitioner argued for the creation of a permanent mechanism to decongest prisons and ensure humane treatment of prisoners — The respondents, including the Union of India, were directed to ensure India Law Library Docid # 2419031
(171) MANISH KUMAR RAI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 23-10-2024 Navy Instructions and Regulations — Pay disparity — An Artificer III in the Indian Navy challenged the grade pay disparity between technical and non-technical staff post the 6th Central Pay Commission — The appellant argued for equal grade pay (Rs. 4200) for Artificers III, II, and I with Chief Petty Officers, citing Navy instructions — The respondents maintained that only Chief Artificers were equivalent to Chief Petty Officers — The Supreme Court upheld the Tribunal's decision, ruling that the India Law Library Docid # 2419032
(172) GLAS TRUST COMPANY LLC Vs. BYJU RAVEENDRAN AND OTHERS[SUPREME COURT OF INDIA] 23-10-2024 Insolvency and Bankruptcy Code — Section 9 — National Company Law Appellate Tribunal Rules, 2016 — Rule 11 — Insolvency proceedings against the 3rd respondent initiated by BCCI for an operational debt — The appellant challenged a settlement approved by the NCLAT, raising issues of locus standi, misuse of inherent powers, and inadequate objection handling — The Supreme Court set aside the NCLAT's judgment, emphasizing adherence to procedures, proper scrutiny of settlement funds, and the role of t India Law Library Docid # 2419033
(173) STATE OF U.P. AND OTHERS Vs. M/S LALTA PRASAD VAISH AND SONS [SUPREME COURT OF INDIA] 23-10-2024 Constitution of India, 1950 — Entry 8 of List II of the Seventh Schedule — Term “intoxicating liquors” — The term "intoxicating liquors" includes "industrial alcohol" and not just "potable alcohol" — Therefore, the State Legislature has the power to regulate the production, manufacture, possession, transport, purchase, and sale of "intoxicating liquors" including "industrial alcohol" India Law Library Docid # 2419054
(174) VIDYASAGAR PRASAD Vs. UCO BANK AND ANOTHER [SUPREME COURT OF INDIA] 22-10-2024 Limitation Act, 1963 — Section 18 — Insolvency and Bankruptcy Code, 2016 — Section 7 — Initiating Corporate Insolvency Resolution Process —The Corporate Debtor defaulted on loans in 2014, becoming an NPA — UCO Bank filed CIRP in 2019 under Section 7, facing challenges on competency, debt existence, and limitation period — The Supreme Court upheld CIRP initiation, ruling that balance sheet entries and OTS proposals extended the limitation period under Section 18 of the India Law Library Docid # 2418953
(175) UMA AND ANOTHER Vs. THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE [SUPREME COURT OF INDIA] 22-10-2024 Penal Code, 1860 (IPC) — Sections 302 — Murder of Wife by Husband, aunt, and uncle accused — Victim strangled and poisoned to look like suicide — Trial court acquitted due to lack of direct evidence and implausible motive — High Court reversed, citing flawed reasoning — Re-evaluated evidence (medical reports, witness testimonies), proving guilt — Supreme Court upheld High Court's decision — Circumstantial evidence and medical reports established guilt — Accused failed to India Law Library Docid # 2418954
(176) HDFC BANK LTD. Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 22-10-2024 Penal Code, 1860 (IPC) — Sections 34, 37, 120B, 201, 206, 217, 406, 409, 420 and 462 — Appellant-Bank officials allowed a customer to operate a bank locker despite a restraining order from the Income Tax Department — Whether the FIR against appellant-Bank officials for violating the restraining order should be quashed — Appellant-Bank argues that the FIR does not disclose any mens rea or specific allegations of collusion — The bank officials misinterpreted the revocation order — Respondent state India Law Library Docid # 2418955
(177) HORRMAL (DECEASED) THROUGH HIS LRS AND OTHERS Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024 Land Acquisition Act, 1894 — Sections 4, 6 and 18 — Haryana Urban Development Authority Act, 1977 — The case involves expropriated landowners seeking higher compensation for their acquired lands — The land was acquired for public purposes — Whether the appellants are entitled to a higher rate of compensation and how the quantum of such compensation should be calculated — The appellants argued that the acquired land had immense potential due to its strategic India Law Library Docid # 2418823
(178) HARYANA URBAN DEVELOPMENT AUTHORITY Vs. ABHISHEK GUPTA ETC. [SUPREME COURT OF INDIA] 21-10-2024 Land Acquisition Act, 1894 — Section 5A — Hearing of Objections — The Haryana Urban Development Authority (HUDA) issued a notification in 1999 to acquire land for development — The respondents objected, citing authorized constructions and state policies — Discrimination in land acquisition, maintainability of appeals, and the doctrine of merger — Petitioner argues that the constructions were unauthorized, the Collector's recommendation was not binding, and the acquisition India Law Library Docid # 2418824
(179) MAFABHAI MOTIBHAI SAGAR Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024 Criminal Procedure Code, 1973 (CrPC) — Section 432 — Penal Code, 1860 (IPC) — Section 302 read with Sections 147 and 148 — Power to impose conditions on remission — The appellant was convicted under Section 302 IPC and sentenced to life imprisonment in 2008 — He sought parole and remission of his sentence, which was granted with conditions by the Gujarat government — Petitioner argues that the conditions, especially the requirement to behave "decently," are vague and arbitrary, violating Articl India Law Library Docid # 2418881
(180) CENTRAL WAREHOUSING CORPORATION AND ANOTHER Vs. M/S SIDHARTHA TILES AND SANITARY PVT. LTD [SUPREME COURT OF INDIA] 21-10-2024 Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Arbitration and Conciliation Act, 1996 — Section 11(6) — The case involves a lease agreement between appellant and respondent for storage space — Disputes arose over revised storage charges and renewal of the lease — Whether the Public Premises Act, 1971 overrides the Arbitration and Conciliation Act, 1996, and whether the High Court erred in appointing an arbitrator under Section 11 of the Arbitration Act — The Supreme Court dismi India Law Library Docid # 2418882