(281) ASHOK KUMAR SHARMA AND OTHERS Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 09-09-2024 India’s International Law Obligations — Limitation on Judicial Review in Foreign Affairs — The Court reaffirmed the principle that the conduct of foreign affairs and international relations falls within the exclusive domain of the Union Government under Article 73 of the Constitution of India — It emphasized that courts should exercise restraint and avoid interfering in matters of foreign policy, which involve India Law Library Docid # 2417483
(282) UNION OF INDIA AND OTHERS Vs. LT. COL. RAHUL ARORA [SUPREME COURT OF INDIA] 09-09-2024 Military Law — Court Martial — The Court held that the findings of a court martial are final and binding, subject to limited judicial review — The scope of judicial review is confined to examining whether the proceedings were fair, whether the law was correctly applied, and whether there was any manifest illegality or abuse of power. India Law Library Docid # 2417484
(283) SIKHA GHOSH AND OTHERS Vs. INDIAN OIL CORPORATION LTD. AND OTHERS [SUPREME COURT OF INDIA] 09-09-2024 Rent and Eviction — The case involves the eviction of Indian Oil Corporation Ltd. from a property in South Dum Dum Municipality, Kolkata — The petitioners sought to reclaim the property through a writ petition —The main issue is whether the respondents should vacate the property and hand over possession to the petitioners —The Supreme Court directed the respondents to hand over the property by March 31, 2025 — The petitioners agreed to forego arrears of rent and mesne profit —The Special Leave P India Law Library Docid # 2417752
(284) SAHIL BHARGAVA AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 09-09-2024 Shri Guru Ram Rai University Act 2016 (Uttrakhand) — Interim Relief in Fee Disputes — The court emphasized the importance of providing equitable interim relief to students when disputes over fees are pending before the courts — It recognized that students should not be unduly prejudiced by the delay in resolving fee disputes, which could affect their ability to pursue higher education or practice their profession. India Law Library Docid # 2417753
(285) M/s SITARAM ENTERPRISES Vs. PRITHVIRAJ VARDICHAND JAIN [SUPREME COURT OF INDIA] 09-09-2024 Constitution of India, 1950 — Article 129 — Contempt of Court —Power to impose fines, impose imprisonment, or both, as punishment for contempt —The petitioner sought eviction of the respondent from certain properties due to non-payment of rent and bona fide need — The respondent repeatedly delayed compliance with court orders — Whether the respondent's failure to comply with court orders constitutes contempt of court — The petitioner argued that the respondent willfully disobeyed court orders an India Law Library Docid # 2417754
(286) CHIRAG BHANU SINGH AND ANOTHER Vs. HIGH COURT OF HIMACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 06-09-2024 Collegium — Appointment of Judges — Maintainability of writ petition — The Court held that the writ petition filed by the two senior-most District and Sessions Judges in the State of Himachal Pradesh is maintainable as it questions the lack of effective consultation in the process of their elevation as judges of the High Court. India Law Library Docid # 2417346
(287) SOMPRABHA RANA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 06-09-2024 Dispute over Custody of child — The case involves a custody dispute over a two-year-old child whose mother died unnaturally — The child's father and paternal grandparents sought custody, while the maternal relatives had taken the child without the father's consent — Whether the High Court was justified in disturbing the child's custody without considering the child's welfare and best interests — The appellants argued that the High Court should not have entertained the Habeas Corpus petition India Law Library Docid # 2417403
(288) ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION AND OTHERS Vs. V.V. BRAHMA REDDY AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2024 Andhra Pradesh Reorganisation Act, 2014 — Sections 77 and 82 — Application of Section 82 — The court clarified that Section 82 of the Act, which deals with the provision for employees of State Public Sector Undertakings, corporations, and other autonomous bodies post-bifurcation, takes precedence over Section 77, which pertains to state government employees — It was held that the modalities for distributing employees between the successor states, as provided under Section 82, should be determine India Law Library Docid # 2417404
(289) BACCAROSE PERFUMES AND BEAUTY PRODUCTS PVT. LTD Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2024 Customs Tariff Act, 1975 — Section 3(2) —Central Excise Act, 1944 — Sections 4A(2) and 11A — Customs Act, 1962 — Sections 28 and 124 — Appelant was accused of conspiring with officials to evade Countervailing Duty (CVD) on goods cleared into the Indian market, causing a loss of INR 8 crores to the government — Whether the Appellant-Company's actions constituted a criminal conspiracy and if the immunity granted by the Settlement Commission should prevent prosecution — The company argued it had im India Law Library Docid # 2417405
(290) MANDAKINI DIWAN AND ANOTHER Vs. THE HIGH COURT OF CHHATTISGARH AND OTHERS [SUPREME COURT OF INDIA] 06-09-2024 Criminal Procedure Code, 1973 (CrPC) — Section 156(3) — Exercise of Power to Direct CBI Investigation — The Court reiterated that the power to direct the CBI to investigate a case is extraordinary and should be exercised sparingly, cautiously, and only in exceptional situations — Such situations include when it is necessary to provide credibility and instill confidence in the investigation, when the incident has national or international ramifications, or when it is essential for doing complete India Law Library Docid # 2417444
(291) DHARMENDRA SHARMA Vs. AGRA DEVELOPMENT AUTHORITY [SUPREME COURT OF INDIA] 06-09-2024 Consumer Protection Act, 1986 — Sections 23 and 24A — Housing — Completion Certificate and Firefighting Clearance — The court held that a developer must obtain a completion certificate and firefighting clearance certificate before offering possession to a buyer. The absence of these certificates renders the offer of possession invalid and legally incomplete. This ruling reinforces the importance of compliance with statutory regulations in real estate transactions. India Law Library Docid # 2417445
(292) THE STATE OF ODISHA AND OTHERS Vs. MAHENDRA KUMAR ROUT [SUPREME COURT OF INDIA] 06-09-2024 Service Law — Regularization of Contractual/Daily Wage Employees — The respondent had been working as a daily wage driver since 09.04.1997 under the administrative control of the Excise Directorate, State of Odisha —The State of Odisha sanctioned 9 posts of drivers in the District Excise Offices through a communication dated 21.07.2016 (Annexure P/4) — The High Court of Orissa, in W.P.(C)(OA) No. 375 of 2018 (Annexure P/10), ordered regularization of the respondent from the date of his initial India Law Library Docid # 2417447
(293) SHREMA TEWARI Vs. SURAJ DWIVEDI [SUPREME COURT OF INDIA] 06-09-2024 Civil Procedure Code, 1908 — Section 25 — Transfer of Cases — The petition seeks the transfer of a matrimonial case from Delhi to Lucknow, which allows the Supreme Court to transfer any civil case from one court to another if it appears just and convenient to do so — Precedents such as ‘Sushil Kumar Singh vs. State of Bihar’ and ‘Manohar Lal Sharma vs. Union of India’ have discussed the criteria for exercising this power, including the convenience of parties, the ends of justice, and the possibi India Law Library Docid # 2417597
(294) ANANTDEEP SINGH Vs. THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AND ANOTHER [SUPREME COURT OF INDIA] 06-09-2024 Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 — Rule 7 — Period of Probation — Reinstatement during probation — The court reinstated the appellant as a Civil Judge during his probation period, emphasizing that termination during probation must be based on valid reasons and not arbitrary decisions. India Law Library Docid # 2417485
(295) RAM SURAT Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 05-09-2024 Consideration of Pre-mature Release for Long-Serving Prisoners — The Supreme Court of India, in this case, demonstrated its willingness to consider the pre-mature release of prisoners who have served a significant portion of their sentence, especially those who have undergone more than the actual imprisonment period due to remission — The Court permitted the State Government to consider the appellant's case for pre-mature release under the prevailing remission policy after he had already served India Law Library Docid # 2417406
(296) KERALA AGRICULTURAL UNIVERSITY AND ANOTHER Vs. T.P. MURALI @ MURALI THAVARA PANEN AND OTHERS [SUPREME COURT OF INDIA] 04-09-2024 Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 — Rules 15 and 24A — Mandatory Procedure for Termination under Service Rules — The court emphasized that if a statute or service rules provide for a specific procedure to be followed for termination or imposing major penalties, such procedure must be strictly adhered to — Kerala Service Rules mandated a formal disciplinary inquiry after recording prima facie satisfaction against the employee. India Law Library Docid # 2417304
(297) NITYA NAND Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 04-09-2024 Penal Code, 1860 (IPC) — Sections 148, 149 and 302 — Constructive Liability under Section 149 — The court reaffirmed that Section 149 IPC creates a constructive or vicarious liability for the members of an unlawful assembly, even if they do not directly participate in the criminal act — The mere presence and knowledge of the common object of the assembly is sufficient to hold an individual liable under this section. India Law Library Docid # 2417305
(298) KUNAM SHRUTHI Vs. MOOLA SAI PAVAN [SUPREME COURT OF INDIA] 04-09-2024 Transfer of Cases Under Civil Procedure Code (CPC) — The Court has emphasized that transfer of a case from one court to another can be ordered if there are valid grounds that justify such a transfer — These grounds can include the convenience of parties, witnesses, and the interest of justice — The Court considered the specific circumstances of the case, including the residential locations of the parties India Law Library Docid # 2417306
(299) VAIBHAV JAIN Vs. HINDUSTAN MOTORS PVT. LTD [SUPREME COURT OF INDIA] 03-09-2024 Motor Vehicles Act, 1988 — Section 166 — Compensation claim for the accidental death — Test Drive — The main issue is whether the dealer can be held liable for compensation — The petitioner argued that respondent was the owner of the vehicle at the time of the accident and that the dealership agreement does not make the dealer liable for compensation — Respondent argued that the vehicle was sold to the dealer, making the dealer the owner and liable for compensation — The court concluded that Hin India Law Library Docid # 2417251
(300) ISHWAR (SINCE DECEASED) THR. LRS AND OTHERS Vs. BHIM SINGH AND ANOTHER [SUPREME COURT OF INDIA] 03-09-2024 Specific Relief Act, 1963 — Section 28 — Jurisdiction of Execution Court — The court held that an application under Section 28 of the Act, 1963, either for rescission of contract or for extension of time to deposit the balance sale consideration, can be entertained and decided by the Execution Court, provided it is the court which passed the decree in terms of Section 37 of the Code of Civil Procedure (CPC) — The court must be the court of first instance with reference to the suit in which the d India Law Library Docid # 2417252