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(261) THE STATE OF WEST BENGAL Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 10-07-2024
Constitution of India, 1950 — Article 131 — Delhi Special Police Establishment Act, 1946 — Section 6 — The State of West Bengal filed a suit against the Union of India, challenging the Central Bureau of Investigation (CBI)'s authority to register cases in West Bengal after withdrawing consent under Section 6 of the DSPE Act — The main issue is the maintainability of the suit, which focuses on whether the CBI can continue to register and investigate cases without the state's consent — The State
India Law Library Docid # 1604252

(262) YOGESH GOYANKA Vs. GOVIND AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) — Transfer of Property Act, 1882 — Section 52 — The appeal concerns the impleadment of a transferee pendente lite, who purchased land during ongoing litigation, despite being aware of it — Whether the transferee can be impleaded in the underlying suit, given the doctrine of lis pendens — The appellant argues for impleadment to protect his interests, alleging possible collusion between the original parties — The respondents contend that the ap
India Law Library Docid # 1604253

(263) PYDI RAMANA @ RAMULU Vs. DAVARASETY MANMADHA RAO [SUPREME COURT OF INDIA] 10-07-2024
Specific Relief Act, 1963 — Section 16 — Readiness and willingness to perform the contract — The appellant challenged the legality of a judgment that partially allowed a second appeal, confirming the appellate court's order for specific performance and directing the respondent-plaintiff to pay additional sale consideration — The appellant argued that the trial court correctly rejected specific performance, claiming the plaintiff failed to prove continuous readiness and willingness to perform the
India Law Library Docid # 1604254

(264) SHANMUGASEKAR Vs. THE STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 10-07-2024
Penal Code, 1860 (IPC) — Sections 294(b) and 302 — Appeal against conviction — The conflict arose over unpaid electricity bills, leading to a fatal altercation involving several family members — The main issue was whether the appellant intended to kill the deceased during the altercation, and if the appellant's actions fell under the exceptions of Section 300 of the IPC — The appellant argued there was no intention to kill, and the incident occurred in the heat of passion during a sudden fight —
India Law Library Docid # 1604255

(265) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. HARNAND SINGH (DECEASED) THROUGH LRS AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Land Acqusition Act, 1894 — Sections 28 — Determination of fair and just compensation — The case involves appeals by NOIDA and landowners against various orders enhancing compensation for land acquired under the Act, 1894 — The court considered whether compensation should be enhanced, the maintainability of miscellaneous applications, and the applicability of Section 28A of the 1894 Act — NOIDA argued against the enhancement based on an erroneous precedent, while landowners sought parity with hi
India Law Library Docid # 1604256

(266) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. DARSHAN LAL BOHRA AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Land Acquisition Act, 1894 — Section 5A — Maintainability of challenge against acquisition proceedings — The court held that only those landowners who have filed objections under Section 5A of the 1894 Act have the right to challenge the acquisition proceedings — Those who have not filed objections or have accepted compensation without protest cannot challenge the acquisition proceedings.

B. Land Acquisition Act, 1894 — Section 4 — Locus standi of subsequent purchasers — The court held that s
India Law Library Docid # 1604257

(267) ROHINI SUDARSHAN GANGURDE Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 10-07-2024
Penal Code, 1860 (IPC) — Section 306 — Abetment to suicide — Suicide by Husband — The court found that there was no evidence to show that appellant-wife had played an active role in abetting her husband's suicide — The court emphasized that for a conviction under Section 306, there must be a clear mens rea (intent) to commit the offense, and the accused must have either instigated, engaged in a conspiracy, or intentionally aided the person in committing suicide — The Court found that none of the
India Law Library Docid # 1604263

(268) VIKAS KANAUJIA Vs. SARITA [SUPREME COURT OF INDIA] 10-07-2024
Hindu Marriage Act, 1955 — Section 13 — Divorce — Ground of irretrievable breakdown of marriage — The couple had been married for only 23 days since the wife left the marital home, and they had been living separately for over 22 years — They had also filed multiple legal cases against each other, including criminal cases, and had not made any attempts at reconciliation — The court noted that the marriage had ceased to
India Law Library Docid # 1604264

(269) UNIWORLD LOGISTICS PVT. LTD. Vs. INDEV LOGISTICS PVT. LTD [SUPREME COURT OF INDIA] 10-07-2024
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 and Order 2 Rule 2 — Two different cause of action — The appeal challenged a High Court judgment that allowed the respondent to file a separate suit for recovery of arrears of storage charges, warehouse charges, and damages for illegal use and occupation beyond the period allowed in a notice — The appellant had filed a commercial suit claiming that the respondent had provided only 1,03,522 sq. ft. area of the factory shed instead of 1,50,000 sq.
India Law Library Docid # 1604265

(270) THE STATE OF PUNJAB AND OTHERS Vs. BHAGWANTPAL SINGH ALIAS BHAGWANT SINGH (DECEASED) THROUGH LRS. [SUPREME COURT OF INDIA] 10-07-2024
Limitation Act, 1963 — Article 65 — Ownership of land — The court found that the plaintiff's suit for possession was time-barred under Article 65 of the Act, 1963, as the plaintiff had known about the construction of the veterinary hospital on the disputed land since 1981 but filed the suit in 2001, more than 12 years later — The court also noted that the plaintiff had failed to claim relief of declaration, making the suit itself not maintainable — The court set aside the High Court's judgment a
India Law Library Docid # 1604266

(271) CHIEF CONSERVATOR OF FOREST AND OTHERS Vs. VIRENDRA KUMAR AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Refund — Auction — Refund of a forfeited security amount — The case involved an auction of forest produce, where the respondents had failed to complete the work within the stipulated time and had subsequently challenged the forfeiture of their security deposit — The Supreme Court held that the applicable conditions of sale were those of the 1987-88 manual, which imposed the responsibility on the contractor to enquire about the acceptance of the contract if no information was received within 35 d
India Law Library Docid # 1604267

(272) DUNI CHAND Vs. VIKRAM SINGH AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Transfer of Property Act, 1882 — Section 41 — Transfer by ostensible owner — Dispute over a property between the legal heirs of ‘T’ (plaintiff-appellant) and the defendants, who purchased the property from the defendant no.1, ‘V’, based on a second Will dated 16.05.1994 — The plaintiff-appellant had a registered Will in his favor dated 12.12.1988, which was held to be genuine and valid by the High Court — The second will was held to be invalid due to suspicious circumstances — The High Court ext
India Law Library Docid # 1604268

(273) CENTRAL INFORMATION COMMISSION Vs. D.D.A. AND ANOTHER [SUPREME COURT OF INDIA] 10-07-2024
Right to Information Act, 2005 — Section 12(4) — Constitution of Central Information Commission — The Supreme Court upheld the power of the Central Information Commission (CIC) to constitute benches and frame regulations under Section 12(4) of the Act, 2005 — The court emphasized the importance of the CIC's autonomy and independence to effectively carry out its functions — The court also clarified that the term "Regulations" used by the CIC should not detract from the functional equivalence of t
India Law Library Docid # 1604269

(274) MIR MUSTAFA ALI HASMI Vs. THE STATE OF A.P. [SUPREME COURT OF INDIA] 10-07-2024
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) and 13(2) — Whether the appellant demanded and accepted a bribe, and if the prosecution proved this beyond reasonable doubt — The appellant's counsel argued that the prosecution's case was fabricated and lacked convincing evidence of demand for a bribe — The State's counsel contended that the appellant demanded a monthly bribe from the complainant, which was corroborated by witnesses — The Supreme Court acquitted the appellant, finding th
India Law Library Docid # 1604258

(275) MOHD. ABDUL SAMAD Vs. THE STATE OF TELANGANA AND ANOTHER [SUPREME COURT OF INDIA] 10-07-2024
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Section 125 of the CrPC applies to all married women, including Muslim married women.
India Law Library Docid # 1604259

(276) KAZI AKILODDIN Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024
Land Acquisition Act, 1894 — Section 4 — Maharashtra Regional and Town Planning Act, 1966 — Section 14(j) and 22(j) — Land acquisition for the construction of a flood protection wall — The court found that the market value of the acquired land should be determined based on the potentiality of the land and the surrounding area's development — The court awarded compensation of Rs. 100 per sq. ft. for the plotted area and rejected the claim for higher compensation based on intra-family sale deeds —
India Law Library Docid # 1604260

(277) STATE OF JHARKHAND Vs. ANIL GANJHU [SUPREME COURT OF INDIA] 09-07-2024
Penal Code, 1860 (IPC) — Sections 302, 364, 201 read with 34 — The State of Jharkhand appealed against the High Court's order granting bail to 'A’, accused of murder and other serious offenses — The accused was part of an extremist organization and had been absconding for years —Whether the High Court's order granting bail was justified and whether it exercised its discretion judiciously —The State argued that the High Court's order was non-speaking, lacked reasoning, and failed to consider the
India Law Library Docid # 2417198

(278) RAM @ RAMDAS SHESHRAO NEHARKAR Vs. SHESHRAO BABURAO NEHARKAR AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024
Partition Suit and separate possession of the suit property — The appellant filed a suit for partition and separate possession, claiming to be the son of the respondent, born from a marriage with ‘P’ — The main issue was the establishment of the factum of marriage between ‘P’ and the respondent, and whether the appellant was born from that wedlock — The appellant contended that the High Court should not have re-appreciated evidence regarding the marriage and his birth from that union — The respo
India Law Library Docid # 1604247

(279) MUTHYALA SUNIL KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024
Constitution of India, 1950 — Articles 32 and 226 — All India Tourist Vehicles (Permit) Rules, 2023 — The Supreme Court has dismissed a batch of 117 petitions filed by transporters and tour operators challenging the legality of various state governments levying and collecting Authorization Fee/Border Tax on all-India tourist vehicles — The court held that the petitioners should have approached the respective High Courts under Article 226 of the rather than filing petitions under Article 32 — The
India Law Library Docid # 1604248

(280) M/S AL-CAN EXPORT PVT. LTD. Vs. PRESTIGE H.M. POLYCONTAINERS LTD. AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024
Maharashtra Land Revenue Code, 1966 — Section 247 — Civil Procedure Code, 1908 (CPC) — Order 21 Rule 90 — Auction Proceedings — Legality of auction proceedings conducted by the Tahsildar, Talasari for property owned by respondent, which was mortgaged to the State Bank of India and later assigned to ARCIL under the SARFAESI Act, 2002 — The main legal questions were whether Order 21 Rule 90 of the CPC applies to writ proceedings under Article 226 of the Constitution, and whether the Additional Com
India Law Library Docid # 1604249