ive
User not Logged..
Latest Cases

(221) NIPUN ANEJA AND OTHERS Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 03-10-2024
Penal Code, 1860 (IPC) — Section 306 — Abetment of suicide — For a conviction under Section 306, there must be clear evidence of the accused's intention to instigate or aid the deceased, with a positive action proximate to the time of occurrence; mere harassment is not sufficient — The Court cautioned against unnecessary prosecutions and emphasized that each case must be examined on its own facts, considering the state of mind of the accused and the nature of their relationship with the deceased
India Law Library Docid # 2419925

(222) ATUL KUMAR Vs. THE CHAIRMAN (JOINT SEAT ALLOCATION AUTHORITY) AND OTHERS [SUPREME COURT OF INDIA] 30-09-2024
Constitution of India, 1950 — Article 142 — Substantial Justice — The petitioner, a Scheduled Caste student, secured a seat at IIT Dhanbad but faced issues with the online fee payment portal, which closed before his payment was processed — Whether the petitioner should be granted admission despite the technical issue with the payment portal — The petitioner argued that he completed all formalities and the delay was due to technical issues beyond his control — The respondents provided the petitio
India Law Library Docid # 2418238

(223) V. VINCENT VELANKANNI Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 30-09-2024
Service Law — Seniority in government service should be determined as per the service rules, and the date of initial appointment should be the basis for determining seniority, unless the rules provide otherwise.
India Law Library Docid # 2418195

(224) K. VADIVEL Vs. K. SHANTHI AND OTHERS [SUPREME COURT OF INDIA] 30-09-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 311, 313 and 173(8) — Case of Murder — Further investigation after the trial had concluded —Whether the High Court was justified in ordering further investigation after the trial had concluded —The appellant argued that the application for further investigation was a disguised attempt to reopen earlier proceedings and that the trial court had no jurisdiction to entertain such an application after charges were framed —The respondent contended
India Law Library Docid # 2418196

(225) UNION OF INDIA AND OTHERS Vs. DOLY LOYI [SUPREME COURT OF INDIA] 27-09-2024
Prevention of Corruption Act, 1988 — Sections 13(1) and 13(1)(d) — Grant of Prosecution Sanction — The Court held that the mere grant of prosecution sanction does not automatically mean that the prosecution for a criminal charge is pending against the government servant — The actual filing of the charge sheet and the commencement of trial are the critical factors that determine the pendency of criminal prosecution
India Law Library Docid # 2418024

(226) SUB INSPECTOR SANJAY KUMAR Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 — Rules 5 read 14(2) — Appellant-Sub-inspector penalized for negligence, appealed censure entry, citing lack of natural justice — State argued notice given, response unsatisfactory — Supreme Court upheld censure, found procedural requirements met, emphasized adherence to rules and natural justice. Appeal dismissed, censure entry upheld.
India Law Library Docid # 2418098

(227) LAKHA SINGH Vs. BALWINDER SINGH AND ANOTHER [SUPREME COURT OF INDIA] 27-09-2024
Suit for Specific Performance — Agreement to sell — The case involved a disputed agreement to sell agricultural land in Punjab — The plaintiff claimed the defendant agreed to sell the land for Rs.5,00,000/- per Killa and he paid Rs.16,00,000/- as earnest money — The plaintiff sought specific performance and an injunction against the defendant — The defendant denied the agreement and claimed it was a loan — The trial court partly allowed the suit, directing the defendant to refund the earnest mon
India Law Library Docid # 2418099

(228) PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED AND ANOTHER Vs. M/S SANMAN RICE MILLS AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Arbitration Act, 1996 — Sections 34 and 37 — Appellant supplied paddy — Respondent returned less rice — Dispute over shortfall — Appellate Court set aside arbitral award — Appellant argued award based on evidence — Respondent contended award was erroneous — Supreme Court restored award, emphasizing limited interference under Sections 34 & 37 — Appellate Court exceeded jurisdiction — Arbitral awards should not be interfered with unless violating public policy or
India Law Library Docid # 2418100

(229) THE AHMEDNAGAR DISTRICT CENTRAL COOPERATIVE BANK LTD Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Maharashtra Cooperative Societies Act, 1960 — Section 91 and 102 — The appellant had an outstanding loan from a society (R) that was wound up — The Liquidator auctioned the society's property to recover dues, but the appellant, despite objecting to the valuation and process, did not challenge it promptly — The property was sold to respondent no. 6 for Rs. 2,51,48,000/- — The High Court dismissed the appellant's writ petition — The Supreme Court found procedural irregularities but
India Law Library Docid # 2418101

(230) MANISHA RAVINDRA PANPATIL Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 27-09-2024
Election Law — Selection as Sarpanch — Disqualification — Allegations of residing on government land — The main issue was whether the disqualification was justified based on the alleged residence on government land — Petitioner contended she lived separately in rented accommodation and the disqualification was based on unverified claims — The private respondents alleged she resided on government land, leading to her disqualification — The Supreme Court found the disqualification order dispropor
India Law Library Docid # 2418674

(231) V. SENTHIL BALAJI Vs. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 26-09-2024
Prevention of Money Laundering Act, 2002 — Section 3 — Appellant was a Transport Minister in Tamil Nadu and is accused of collecting money for job opportunities in the Transport Department — Multiple FIRs were filed against him, leading to his arrest and judicial custody —The main issue is whether the appellant should be granted bail in connection with the alleged offence under the PMLA —The appellant's counsel argued that the evidence against him is not substantial, and he has already been in c
India Law Library Docid # 2418073

(232) MANIK AND OTHERS Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Sections 302, 330, 331, 342, 343, 348, 354, 385, 387, 193, 201, 202, 203, and 218 read with Section 34 —The case involves police officers accused of custodial torture and tampering with evidence, leading to the death —Whether the police officers' actions resulted in death and if the fabricated evidence can be accepted — The appellants argued that deceased escaped from custody and was later convicted in Raipur, suggesting he was alive — The prosecution presented evidence
India Law Library Docid # 2418069

(233) KAILASHBEN MAHENDRABHAI PATEL AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Sections 498A, 323, 504, 506 read with Section 34 — Cruelty — The complainant filed an FIR against her in-laws under various sections of the IPC, alleging cruelty and dowry demands — The appellants sought to quash the FIR and chargesheet — Whether the FIR and chargesheet should be quashed due to lack of specific allegations and the existence of a civil dispute — Appellants argue that the FIR is vague, lacks material particulars, and is an abuse of the criminal process —
India Law Library Docid # 2418047

(234) BALJINDER SINGH @ LADOO AND OTHERS Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Sections 148, 302, and 307 — The appellants, armed with weapons, attacked the victims, resulting in serious injuries — The prosecution's case is supported by eyewitness testimonies and medico-legal evidence —Whether the appellants acted with common intention to kill and if the absence of independent witnesses affects the prosecution's case — The appellants claimed self-defense and alleged false implication due to a prior FIR filed by A-4's daughter — The prosecution argu
India Law Library Docid # 2418048

(235) VIJAY SINGH @ VIJAY KR. SHARMA Vs. THE STATE OF BIHAR [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Sections 323, 302, 364, 449, 450, 380/34 and 120-B —Abduction and Murder — Seven accused were charged, with five initially convicted and two acquitted — The High Court later convicted all seven —Whether the High Court's reversal of acquittal and conviction of all accused was justified based on the evidence — Petitioners argue that no motive for A-6 and A-7, unreliable witness testimonies, discrepancies in the time of death, and lack of proof of deceased’s residence — Pro
India Law Library Docid # 2418049

(236) SHOYEB RAJA Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 25-09-2024
Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the cha
India Law Library Docid # 2418050

(237) SHYAMSUNDAR RADHESHYAM AGRAWAL AND ANOTHER Vs. PUSHPABAI NILKANTH PATIL AND OTHERS [SUPREME COURT OF INDIA] 24-09-2024
Maharashtra Stamp Act, 1958 — Section 4 — The appellants sought a declaration and injunction in a civil suit — The defendants requested impounding of six documents related to property transactions, claiming they were not duly stamped — Whether the appellants are liable to pay stamp duty and penalty on agreements to sell executed prior to the sale deed —The appellants argued that since the sale deed was registered and stamp duty paid, the prior agreements did not require separate stamping —The re
India Law Library Docid # 2418023

(238) HMT LTD. Vs. SMT. RUKMINI AND OTHERS[SUPREME COURT OF INDIA] 24-09-2024
Requisition and Acquisition of Immovable Property Act, 1952 — Section 7(1) — Land Dispute — The case involves a land dispute where appellant were directed to vacate or compensate for land in Bangalore, originally requisitioned in 1941 and partially acquired in 1973 — The main issues were the rightful ownership and compensation for the land, and whether the petitioners' delay in filing the writ petition affected their claim — The petitioners argued they were entitled to rental compensation from 1
India Law Library Docid # 2417988

(239) DINESH GOYAL @ PAPPU Vs. SUMAN AGARWAL (BINDAL) AND OTHERS [SUPREME COURT OF INDIA] 24-09-2024
Genuineness of Will and Partition Suit — The Court emphasizes that in a partition suit where a Will is challenged, the genuineness of the Will must be determined as a necessary step to resolve the dispute over the property — Delays in deciding this issue should be minimized to prevent multiplicity of litigation.
India Law Library Docid # 2417989

(240) SUNIL @ SONU ETC. Vs. STATE NCT OF DELHI [SUPREME COURT OF INDIA] 24-09-2024
Penal Code, 1860 (IPC) — Sections 302 and 304 Part I — Murder — Alteration of Sentence — The main issue was whether the appellants' conviction under Section 302 IPC was justified or if it should be altered to a lesser offense — The appellants argued that there was a delay in lodging the FIR, contradictions in witness testimonies, and that the injuries sustained by the appellants were not explained by the prosecution —The respondent-State maintained that the prosecution had proved the case beyond
India Law Library Docid # 2417990