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(181) S. P. PANDEY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Air Force Act, 1950 — Section 83 — Admonition — The appellant, an Airman in the Indian Air Force, was punished for overtaking vehicles at a railway crossing and using insubordinate language — The initial punishment was expunged, but a second trial led to another admonition — The appellant challenged the second admonition and sought compensation for wrongful punishment and harassment — The Supreme Court agreed with the appellant, set aside the second admonition, and awarded compensation of Rs. 1
India Law Library Docid # 2418883

(182) RATILAL JHAVERBHAI PARMAR AND OTHERS Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Constitution of India, 1950 — Article 21 — Promptness in delivering judgments —The court reiterates the need for promptness in delivering judgments, as emphasized in previous decisions, and states that delays in delivering judgments can be a violation of Article 21 of the Constitution
India Law Library Docid # 2418884

(183) K.C.KAUSHIK AND OTHERS Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024
Haryana Civil Services (Revised Pension) Part I Rules, 2009 — Rule 6 — Interest on the delayed payment of revised pensions — The appellants, retired lecturers/principals from Government Aided Private Colleges in Haryana, sought revised pensions on par with Government College lecturers, effective from 01.01.2006, with interest on delayed payments — Whether the appellants are entitled to interest on the delayed payment of revised pensions — The appellants argued that they were entitled to interest
India Law Library Docid # 2418885

(184) LENIN KUMAR RAY Vs. M/s. EXPRESS PUBLICATIONS (MADURAI) LTD [SUPREME COURT OF INDIA] 21-10-2024
Industrial Disputes Act, 1947 — Section 2(s) — “Workman” — Appellant, initially appointed as Junior Engineer, was promoted to Assistant Engineer and later terminated without notice — He challenged his termination, leading to a Labour Court ruling for his reinstatement and compensation —Whether appellant qualifies as a "workman" under the Industrial Disputes Act and if his termination was lawful —Appellant argued he was wrongfully terminated without due process and should be reinstated with full
India Law Library Docid # 2418886

(185) SHYAM NARAYAN RAM Vs. STATE OF U.P. AND ANOTHER ETC. [SUPREME COURT OF INDIA] 21-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 294 — Application of — The court clarified that if the genuineness of any document filed by a party is not disputed by the opposite party, it can be read as substantive evidence under sub-section (3) of Section 294 CrPC.
India Law Library Docid # 2418887

(186) YASHODEEP BISANRAO VADODE Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 21-10-2024
Penal Code, 1860 (IPC) — Sections 498-A, 304-B, 306 and 406 read with Section 34— Cruelty — The appellant was convicted for cruelty towards his sister-in-law, ‘R’, who died under suspicious circumstances — Whether the appellant's conviction under Section 498-A, IPC, was justified given the lack of specific evidence against him — The appellant argued that he was not a relative of the deceased during the alleged period of cruelty and that there was no specific evidence against him — The
India Law Library Docid # 2418888

(187) RAGHUL DINESH AND OTHERS Vs. THE SUB INSPECTOR OF POLICE AND OTHERS[SUPREME COURT OF INDIA] 21-10-2024
Penal Code, 1860 (IPC) — Section 498A — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Appeal against an FIR filed by the wife of the first appellant, alleging harassment — Quashing of chargesheet — Whether the High Court was correct in dismissing the petition to quash the chargesheet and further proceedings — The petitioners argued that the accusations were vague and lacked specific details, making the continuation of proceedings an abuse of the court's process — The second respondent, de
India Law Library Docid # 2419455

(188) AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA Vs. DELHI INTERNATIONAL AIRPORT LTD. AND OTHERS [SUPREME COURT OF INDIA] 18-10-2024
Airport Economic Regulatory Authority of India Act 2008 — Sections 3 and 31 — The Airports Economic Regulatory Authority (AERA) challenged judgments of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) regarding tariff determination for aeronautical services — Whether AERA, a quasi-judicial body, can file an appeal against TDSAT's judgment — AERA argued that it has the right to appeal under Section 31 of the AERA Act — The respondents contended that AERA, being a quasi-judicial body
India Law Library Docid # 2418763

(189) SALIL R. UCHIL Vs. VISHU KUMAR AND OTHERS [SUPREME COURT OF INDIA] 18-10-2024
Bank Loan — Auction — Solatium — Co-operative Bank, granted a business loan of Rs. 25,00,000 to respondents 1, 2, 5, and 6 — Upon default, the bank initiated recovery proceedings before the Assistant Registrar of Co-operative Societies, who awarded Rs. 21,92,942 with interest to the bank — The borrowers' property was auctioned, with the appellant offering the highest bid of Rs. 81,20,000 — A sale confirmation certificate was issued, but the 1st and 2nd respondents challenged the auction in the K
India Law Library Docid # 2418819

(190) UNION OF INDIA Vs. PRANAV SRINIVASAN [SUPREME COURT OF INDIA] 18-10-2024
Citizenship Act, 1955 — Section 9(1) — Voluntary acquisition of foreign citizenship by Indian citizens leads to automatic termination of Indian citizenship.
India Law Library Docid # 2418820

(191) ASIM AKHTAR Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 18-10-2024
Criminal Procedure Code, 1973 (CrPC) — Section 319 — The court has discretion to decide the application under section 319 CrPC before or after cross-examination, depending on the satisfaction of the Court.
India Law Library Docid # 2418821

(192) SOCIETY FOR ENLIGHTENMENT AND VOLUNTARY ACTION AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 18-10-2024
Child Marriages — Restraint of — The petitioner, an NGO, argues that despite the Prohibition of Child Marriage Act, child marriages remain prevalent in India —They seek stronger enforcement and support systems for child brides —The main issue is the failure of authorities to prevent child marriages and the need for effective guidelines and enforcement mechanisms — The petitioner highlights the high rate of child marriages, the ineffectiveness of Child Marriage Prohibition Officers (CMPOs), and t
India Law Library Docid # 2418822

(193) VISHWAJEET KERBA MASALKAR Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 17-10-2024
Penal Code, 1860 — Sections 302, 307 and 201 — Murder of mother, wife, and daughter, and the attempt to murder of neighbor — Circumstantial Evidence — The main issue was whether the appellant was guilty of the murders and attempted murder, and whether the death penalty was warranted — The appellant argued that the evidence, particularly the testimony of the injured neighbor, was unreliable and that the recoveries of the hammer and clothes were not credible — The State argued that the evidence,
India Law Library Docid # 2418760

(194) SAJEENA IKHBAL AND OTHERS Vs. MINI BABU GEORGE AND OTHERS [SUPREME COURT OF INDIA] 17-10-2024
Motor Accident Claims — The court emphasized that in motor accident cases, the court should apply the principle of preponderance of probability, not proof beyond reasonable doubt — The burden of proof is on the claimant to prove their case on a balance of probabilities.
India Law Library Docid # 2418761

(195) IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955[SUPREME COURT OF INDIA] 17-10-2024
Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — Constitutional validity of 6A on the ground that it violates Articles 6,7,14, 29 and 355 — Legislative Competence of Parliament — The court determined that Parliament had the competence to enact Section 6A of the Citizenship Act under Article 11 of the Constitution — It held that Section 6A did not amend or alter Articles 6 and 7 of the Constitution, which govern citizenship at the
India Law Library Docid # 2418762

(196) THE PATNA MUNICIPAL CORPORATION AND OTHERS Vs. M/S TRIBRO AD BUREAU AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024
Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the
India Law Library Docid # 2418753

(197) CENTRAL BUREAU OF INVESTIGATION Vs. SRINIVAS D. SRIDHAR [SUPREME COURT OF INDIA] 16-10-2024
Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent's counsel argued that the mater
India Law Library Docid # 2418754

(198) LALU YADAV Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024
Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner dece
India Law Library Docid # 2418755

(199) BANK OF RAJASTHAN LTD Vs. COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 16-10-2024
Income Tax Act, 1961 — Section 18, 19, 20 and 21 — The main issue revolves around the treatment of broken period interest for banks purchasing government securities — The appellant, a Scheduled Bank, consistently set off the interest paid on the purchase of securities against the interest recovered on their sale —Whether the broken period interest can be claimed as a deduction under the Income Tax Act, post the repeal of Sections 18 to 21 —The appellant argued that the broken period interest sho
India Law Library Docid # 2418756

(200) IDBI BANK LTD. Vs. RAMSWAROOP DALIYA AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024
Security Interest (Enforcement) Rules, 2002 — Rule 9(4) — The respondents won an e-auction for a property but couldn't deposit the balance amount within 15 days — The bank canceled the auction and refunded the initial deposit — Whether the respondents defaulted in depositing the balance amount within the stipulated time, justifying the bank's cancellation of the auction — The bank argued that the respondents failed to deposit the balance amount within 90 days as required by Rule 9(4) — The respo
India Law Library Docid # 2418757