(201) EKNATH KISAN KUMBHARKAR Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 302, 316 and 364 — Murder — Murder of pregnant daughter due to her inter-caste marriage — Death Sentence — Whether the conviction and death sentence were justified based on the evidence and circumstances — The appellant argued that the motive was not proven, the eyewitness was unreliable, and there were investigative errors and contradictions in witness testimonies — The prosecution maintained that the motive was clear, the eyewitness was credible, and the evid India Law Library Docid # 2418701
(202) D.C. MALVIYA (SINCE DECEASED) THR. LRS. AND OTHERS Vs. DR. A.H. MEMON (SINCE DECEASED) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Consumer Law — Medical Negligence — Medical negligence leading to the death after a procedure for Nasal Polyps — The complaint was filed by her husband — The main issues are the alleged medical negligence and the adequacy of the compensation awarded — The petitioners argued for enhanced compensation, citing deficiency in service and inadequate pre-anesthetic checkup — The respondents (doctors) argued that they provided standard medical care and that the compensation awarded was unjustified — The India Law Library Docid # 2418758
(203) VITTHAL DAMUJI MEHER Vs. MANIK MADHUKAR SARVE AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Penal Code, 1860 (IPC) — Sections 409, 420, 467, 468, 471 and 120-B —Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — Section 3 — The petitioner seeks a review of a judgment that canceled his bail and directed him to surrender within three weeks —The petitioner argues that the judgment contains incorrect observations, lacks specification of changed circumstances, and ignores relevant precedents — The petitioner claims he was unfairly singled out, and tha India Law Library Docid # 2418759
(204) OMKAR RAMCHANDRA GOND Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Rights of Persons with Disabilities Act, 2016 — Sections 2(m), 2(r), 2(y), 3, 15 and 32 — Appellant with a 45% speech and language disability, applied for NEET (UG) 2024 under the PwD and OBC categories but was deemed ineligible due to his disability exceeding 40% — Whether a candidate with a disability exceeding 40% should be disqualified from admission under the PwD category for the MBBS course — The appellant argued that the NMC's criteria unfairly excluded him despite his ability to pursue t India Law Library Docid # 2418675
(205) CHANDRAMANI NANDA Vs. SARAT CHANDRA SWAIN AND ANOTHER [SUPREME COURT OF INDIA] 15-10-2024 Motor Accident Claims — The appellant, injured in a motor vehicle accident resulting in serious injuries and one fatality — The main issues were the extent of the appellant's disability, the calculation of compensation, and whether future prospects and attendant costs were adequately considered —The appellant argued for higher compensation based on a higher income, future medical expenses, and 100% functional disability — They also sought compensation for future prospects and attendant costs — T India Law Library Docid # 2418699
(206) NEELAM GUPTA AND OTHERS Vs. RAJENDRA KUMAR GUPTA AND ANOTHER[SUPREME COURT OF INDIA] 14-10-2024 Benami Transactions (Prohibitions) Act, 1988 — Section 4 —Limitation Act, 1963 — Article 65 — In a dispute over 7.60 acres of land Plaintiff claimed ownership through a 1968 sale deed, while the defendants, argued it was Joint Hindu Family Property and claimed adverse possession — The Trial Court dismissed the suit, accepting the joint family and adverse possession claims, but the High Court reversed the decision, holding the defendants failed to prove the land was joint family property India Law Library Docid # 2418668
(207) SOMJEET MALLICK Vs. STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 14-10-2024 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Standard for Quashing FIRs under Section 482 CrPC — The court reiterates that at the stage of deciding whether to quash an FIR or criminal proceedings under Section 482, the allegations in the FIR, police report, or complaint, along with the materials collected during the investigation, must be taken at their face value to determine if a prima facie case for investigation or proceeding against the accused exists — The correctness of the India Law Library Docid # 2418669
(208) RENJITH K.G. AND OTHERS Vs. SHEEBA [SUPREME COURT OF INDIA] 14-10-2024 Civil Procedure Code, 1908 (CPC) — Order 21 Rule 99 — Execution of Final Decree — The case involves a dispute over the execution of a final decree for partition and possession of property originally filed in 1956 — The property in question was subject to multiple mortgages and transfers over the years — Whether the execution petition for the final decree was barred by limitation and whether the predecessor of the respondents had an independent right to the property — The India Law Library Docid # 2418670
(209) SANDEEP Vs. STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 14-10-2024 Penal Code, 1860 (IPC) — Sections 302 and 34 — Murder — Acquittal of co-accused — The appellant along with two others, was tried for the murder — The Sessions Court convicted appellant but acquitted the other two accused — Whether the conviction of Section 302 IPC was justified despite the acquittal of the co-accused and the inconsistencies in the prosecution's evidence —The appellant argued that the evidence was inconsistent, key witnesses were not examined, and the motive for the crime was vag India Law Library Docid # 2418671
(210) SHINGARA SINGH Vs. DALJIT SINGH AND ANOTHER [SUPREME COURT OF INDIA] 14-10-2024 Specific Relief Act, 1963 — Section 19 — Transfer of Property Act, 1882 — Section 52 — Doctrine of lis pendens applies to any alienation during the pendency of a suit, regardless of the alienee's notice, and that a subsequent purchaser cannot claim to be a bona fide purchaser if the sale is hit by the doctrine — Section 19 of the Specific Relief Act allows a subsequent sale to be enforced for good reason, and in a suit for specific performance, a plaintiff is entitled to a decree if a subsequent India Law Library Docid # 2418672
(211) BANSHIDHAR CONSTRUCTION PVT. LTD. Vs. BHARAT COKING COAL LIMITED AND OTHERS [SUPREME COURT OF INDIA] 04-10-2024 Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant's bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant compli India Law Library Docid # 2418288
(212) M/S. SHRIRAM INVESTMENTS Vs. THE COMMISSIONER OF INCOME TAX III, CHENNAI [SUPREME COURT OF INDIA] 04-10-2024 Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return w India Law Library Docid # 2418289
(213) SHASHI BHUSHAN PRASAD SINGH Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 04-10-2024 Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules 2017 — Rule 9(1)(ii) — The case involves the recruitment process for Junior Engineers in Bihar, where candidates with diplomas from private institutions were deemed ineligible due to lack of AICTE approval —The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court's previous ruling that universities do not need AICTE approval for te India Law Library Docid # 2418290
(214) K. BHARTHI DEVI AND ANOTHER Vs. STATE OF TELANGANA AND ANOTHER [SUPREME COURT OF INDIA] 03-10-2024 Penal Code, 1860 (IPC) — Sections 120-B read with 420, 409, 467, 468 and 471 —Prevention of Corruption Act 1988 — Section 13(1)(d) and 13(2) — Appellants were accused of using fake documents to secure loans from Indian Bank — The loans were declared non-performing, and the bank discovered the forgery during recovery proceedings — Whether the criminal proceedings against the appellants should continue despite a settlement between the bank and the accused — The appellants argued they had no active India Law Library Docid # 2418235
(215) TARINA SEN Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 03-10-2024 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present cas India Law Library Docid # 2418236
(216) KHALSA UNIVERSITY AND ANOTHER Vs. THE STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 03-10-2024 Constitution of India, 1950 — Article 14 — Khalsa University Act was established under the 2016 Act but was later repealed by the 2017 Act — The appellants challenged this repeal — Whether the repeal of the Khalsa University Act was arbitrary, discriminatory, and violated Article 14 of the Constitution — Appellant argue that the repeal was arbitrary and discriminatory, targeting only Khalsa University out of 16 private universities established under the 2010 Policy — State contends that the repe India Law Library Docid # 2418237
(217) CHIEF COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX AND OTHERS Vs. M/S SAFARI RETREATS PRIVATE LTD. AND OTHERS [SUPREME COURT OF INDIA] 03-10-2024 Central Goods and Services Tax Act, 2017 — Section 17(5) — Constitutional validity of Section 17(5)(d), which restricts Input Tax Credit (ITC) for construction of immovable property intended for letting out on rent — The primary issue is whether Section 17(5)(d) of the CGST Act violates Articles 14 and 19(1)(g) of the Constitution by denying ITC for construction of immovable property intended for renting —The petitioners argue that Section 17(5)(d) is ‘arbitrary and discriminatory', treating une India Law Library Docid # 2418285
(218) RAMA DEVI Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 03-10-2024 Penal Code, 1860 (IPC) — Sections 302, 307, 333, 355 and 379 with 34 —Arms Act, 1959 — Section 27 — Murder — Murder of a member of the Bihar Legislative Assembly and his bodyguard —The main issue is whether the accused were rightly acquitted by the High Court after being convicted by the trial court for the murders —The prosecution relied on eyewitness testimonies and forensic evidence to establish the guilt of the accused —The defense argued that the eyewitnesses were unreliable and that there India Law Library Docid # 2418286
(219) UNION OF INDIA AND OTHERS Vs. RAJEEV BANSAL [SUPREME COURT OF INDIA] 03-10-2024 Income Tax Act, 1961 — Sections 147, 148, 149, 150 and 151 — The case concerns reassessment notices under the old Income Tax Act regime (Sections 147-151) challenged after the 2021 Finance Act introduced changes — The controversy arose over the validity of notices issued after April 1, 2021, under the old regime, especially in light of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act (TOLA) enacted due to COVID-19 — Notices issued between April and June 2021 wer India Law Library Docid # 2418287
(220) SUKANYA SHANTHA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-10-2024 Model Prison Manual, 2016 — Constitution of India, 1950 — Articles 14, 15, 17, 21 and 23 — Caste-based discrimination in prisons — The petitioner highlighted caste-based discrimination in Indian prisons through an article — She sought the repeal of discriminatory provisions in State prison manuals —The main issue is whether various State prison manuals sanction unconstitutional practices violating Articles 14, 15, 17, 21, and 23 of the Indian Constitution — The petitioner argued that caste-base India Law Library Docid # 2418291