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(201) VISHWANATHA Vs. THE STATE OF KARNATAKA BY THE SECRETARY, HOME DEPARTMENT [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Sections 302 and 450 read with 34 — The appellant, was convicted for the murder and robbery of an 86-year-old woman after the High Court reversed his acquittal by the Trial Court —The main issue was the credibility of eyewitnesses and the absence of a Test Identification Parade (TIP) to confirm the appellant's identity —The defense argued that the eyewitnesses' testimonies were contradictory and unreliable, and the lack of TIP made the identification of the appellant que
India Law Library Docid # 1604215

(202) FRANK VITUS Vs. NARCOTICS CONTROL BUREAU AND OTHERS [SUPREME COURT OF INDIA] 08-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8, 22, 23 and 29 — The appellant is prosecuted under the NDPS Act and was arrested on May 21, 2014 — He was granted bail with various conditions —The appeal challenges specific bail conditions, including the requirement of a certificate of assurance from the High Commission of Nigeria and the condition to drop a PIN on Google Maps for location tracking —The court directed the deletion of the two conditions mentioned above, question
India Law Library Docid # 1604216

(203) BOMBAY SLUM REDEVELOPMENT CORPORATION PRIVATE LIMITED Vs. SAMIR NARAIN BHOJWANI [SUPREME COURT OF INDIA] 08-07-2024
Arbitration and Conciliation Act, 1996 — Sections 34 and 37(1)(c) — Dispute over a slum redevelopment project — The case revolves around the validity of a development agreement and an arbitration award — The appellant argued that the scope of an appeal under Section 37(1)(c) of the Arbitration Act is narrower than under Section 34, and the High Court should not have remanded the case for a fresh hearing — The respondent sought to restore the arbitral award — The Division Bench of the High Court
India Law Library Docid # 1604217

(204) THE STATE OF WEST BENGAL REPRESENTED THROUGH THE SECRETARY AND OTHERS Vs. RAJPATH CONTRACTORS AND ENGINEERS LTD. [SUPREME COURT OF INDIA] 08-07-2024
Arbitration and Conciliation Act, 1996 — Sections 34 and 34(3) —Limitation Act of 1963 — Sections 4 and 12(1) — The period of limitation for filing a petition under Section 34 of the Act, 1996, starts from the date the party receives the arbitral award — In accordance with Section 12(1) of the Act, 1963, the day from which the limitation period is to be reckoned must be excluded.
India Law Library Docid # 1604218

(205) X Vs. Y [SUPREME COURT OF INDIA] 08-07-2024
Hindu Marriage Act, 1955 — Sections 9, 13(1) and 13(1A) — Restitution of conjugal rights — Grounds of desertion — The case revolves around a matrimonial dispute between an appellant and respondent with continuous separation since 2008 — The primary issue is the dissolution of marriage based on grounds of cruelty and desertion, with the appellant seeking a divorce decree after the respondent did not abide by the decree for restitution of conjugal rights — The respondent argued that the appellant
India Law Library Docid # 1604219

(206) SHIV PRATAP SINGH RANA Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Section 376(2)(n) and 506 — Consensual relationship —Quashing of the proceedings —The case involved allegations of rape and criminal intimidation against the appellant by the prosecutrix — The court found that the relationship between the parties was consensual and there was no evidence to support the charges of rape and criminal intimidation — The court further observed that compelling the appellant to face a criminal trial on the available materials would be an abuse o
India Law Library Docid # 1604220

(207) P. SASIKUMAR Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Sections 302, 34, 449, 404 and 201 — The case involves the murder of a 14-year-old girl — Appellant (accused no.2) challenging his conviction for murder under Section 302 IPC and related charges —The primary issue is the identification of the appellant as one of the perpetrators, with the prosecution's case largely based on circumstantial evidence —The petitioner (appellant) argues against the reliability of the identification, while the respondent (prosecution) relies o
India Law Library Docid # 1604221

(208) DHARMENDRA KUMAR @ DHAMMA Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Sections 302 and 34 — The appeal against the High Court's conviction for murder raises questions about alleged contradictions in the prosecution's case, the impact of inconclusive FSL results on the recovered weapon, and the validity of a dying declaration recorded under Section 161 CrPC — The appellant contends inherent contradictions in eyewitness accounts, disputes his presence at the crime scene, and questions the admissibility of the dying declaration — The State su
India Law Library Docid # 1604222

(209) LAL MOHAMMAD MANJUR ANSARI Vs. THE STATE OF GUJRAT [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 25 —Murder following a dispute over playing music —The appellant challenged the conviction, questioning the reliability of eyewitnesses, the extrajudicial confession, and the dying declaration — The appellant's counsel argued that the eyewitnesses' statements were taken out of context and that the investigation regarding the extrajudicial confession was incomplete — The State's counsel maintained that despite some witnesses bein
India Law Library Docid # 1604223

(210) SARDAR RAVI INDER SINGH AND ANOTHER Vs. STATE OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 08-07-2024
Criminal Procedure Code, 1973 (CrPC) — Section 362 — Penal Code, 1860 (IPC) — Sections 420, 406, 424 and 120-B — Abuse of process of law — The court held that when a complainant has withdrawn a civil suit based on a settlement agreement and has given up all rights under the agreements, continuing a criminal complaint based on the same agreements would amount to an abuse of the process of law.
India Law Library Docid # 1604224

(211) JOY DEVARAJ Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Sections 300 and 302 — Intention to cause murder — The Supreme Court dismissed an appeal challenging the credibility of eyewitnesses and the nature of a murder involving an unlawful assembly and premeditated attack with deadly weapons — The appellant's counsel argued inconsistencies in eyewitness accounts, the reliability of testimonies, and the lack of intent to cause death — The respondent's counsel defended the concurrent findings and conviction, asserting that the ev
India Law Library Docid # 1604225

(212) UNION OF INDIA Vs. PANKAJ KUMAR SRIVASTAVA AND ANOTHER [SUPREME COURT OF INDIA] 08-07-2024
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Section 33 — Visually impaired — Denial of an appointment after the 2008 Civil Services Examination, leading to legal challenges regarding the filling of backlog vacancies under the Act, 1995 — The main issue is the non-implementation of reservations for visually impaired candidates in civil services, resulting in unfilled backlog vacancies and the respondent's prolonged struggle for appointm
India Law Library Docid # 1604226

(213) COMMISSIONER OF CENTRAL EXCISE, JAIPUR -II Vs. M/S MIRAJ PRODUCTS PVT. LTD. [SUPREME COURT OF INDIA] 08-07-2024
Central Excise Act, 1944 — Section 4A — The case revolves around the classification of goods sold by a respondent under the Act, 1944, and whether they should be valued under Section 4 or Section 4A for excise duty valuation — The Commissioner of Central Excise argued that the poly packs were group packages meant for retail sale, thus falling under Section 4A — The respondent argued that the poly packs were not intended for retail sale and were wholesale packages, thus not subject to Section 4A
India Law Library Docid # 1604227

(214) STATE OF WEST BENGAL Vs. DR. SANAT KUMAR GHOSH AND OTHERS [SUPREME COURT OF INDIA] 08-07-2024
West Bengal University Laws (Amendment) Act, 2012 — UGC’s Regulations, 2018 — — The Supreme Court has constituted Search-cum-Selection Committees for the appointment of Vice-Chancellors in 35 state-aided universities in West Bengal — The committees will consist of a Chairperson and four other members, including nominees from the Chancellor, Chief Minister, University Grants Commission, State Government, and intervenors — The committees will shortlist at least three suitable candidates for each u
India Law Library Docid # 1604228

(215) MAHESH CHAND BARETH AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 08-07-2024
Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 — Rule 13(v) — Selection of teachers and the validity of Rule 13(v), which allows age relaxation to certain project-employed applicants — The appellants argue that Rule 13(v) is discriminatory and that granting additional marks to these applicants is ultra vires the rules — The State argues that these provisions have a reasonable nexus with the objectives of educational projects — The court dismissed all appeals, finding no merit in the chal
India Law Library Docid # 1604229

(216) HAR NARAYAN TEWARI (D) THR. LRS. Vs. CANTONMENT BOARD, RAMGARH CANTONMENT AND OTHERS [SUPREME COURT OF INDIA] 08-07-2024
Civil Procedure Code, 1908 (CPC) — Section 11 — Res judicata, Adverse possession and Settlement of land — The plaintiff-appellant had filed a title suit claiming ownership of 0.30 acres of land which was part of the Estate of Raja — The Cantonment Board, Ramgarh, was the main contesting defendant — The court found that the principle of res judicata did not apply to the case, as the issue of the plaintiff-appellant's ownership of the land was not directly or indirectly in issue in the previous su
India Law Library Docid # 1604230

(217) SURESH DATTU BHOJANE AND ANOTHER Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 302, 307 and 149 — The case involves a group assault leading to the death and injuries to two others — Conviction and sentence — The main issue is whether the appellants, particularly A-5 and A-6, were part of an unlawful assembly with the common object of committing murder, despite not being assigned specific roles in the assault —The Supreme Court dismissed the appeals, upholding the convictions of the appellants, including A-5 and A-6, as part of th
India Law Library Docid # 1604231

(218) NARESH KUMAR Vs. STATE OF DELHI [SUPREME COURT OF INDIA] 08-07-2024
Penal Code, 1860 (IPC) — Section 302 — Criminal Procedure Code, 1973 (CrPC) — Sections 313, 313(1)(a) and 313(1)(b) — The case involves an incident from 1995 where appellants were accused of murdering ‘A’ — The altercation began over water spilling from a parapet, leading to a fatal stabbing —The main issue is the alleged non-compliance with Section 313 of the Cr.PC regarding questioning the appellant, which is argued to have caused material prejudice and vitiated the trial —The Supreme Court ac
India Law Library Docid # 1604232

(219) R. RADHAKRISHNA PRASAD Vs. SWAMINATHAN AND ANOTHER [SUPREME COURT OF INDIA] 08-07-2024
Suit for specific performance — The case involves a dispute over a specific performance of an agreement for sale of property — The plaintiff paid an advance and sought execution of the sale deed, which the defendant no. 1 failed to do —The main issue is whether the plaintiff is entitled to a refund of the advance payment made for the property, as the sale deed was not executed by the defendant no. 1. —The Trial Court directed the defendant no. 1 to refund Rs. 18,00,000 with interest, which was m
India Law Library Docid # 1604233

(220) NIPUN MALHOTRA Vs. SONY PICTURES FILMS INDIA PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 08-07-2024
Cinematograph Act, 1952 — Sections 3 and 5 — Rights of persons with disabilities —Appellant, is aggrieved by the portrayal of persons with disabilities in the film 'Aankh Micholi' — The Rights of Persons with disabilities Act, 2016, has been a subject of controversy in a film case — The Appellant claims that the film violates the rights of persons with disabilities and relevant acts — The case revolves around the impact of the Act on film certification under the Cinematograph Act and whether the
India Law Library Docid # 1604234