(281) ARMY WELFARE EDUCATION SOCIETY NEW DELHI Vs. SUNIL KUMAR SHARMA AND OTHERS ETC. [SUPREME COURT OF INDIA] 09-07-2024 Constitution of India, 1950 — Articles 12 and 226 — Management and Service conditions of staff at an Army Public School run by the Army Welfare Education Society (AWES) — The court considered whether AWES is a "State" under Article 12 of the Constitution and whether a service dispute involving a private educational institution and its employees can be adjudicated upon in a writ petition filed under Article 226 of the Constitution — AWES argued that it is a private society providing educational f India Law Library Docid # 1604250
(282) SUBODH KUMAR SINGH RATHOUR Vs. THE CHIEF EXECUTIVE OFFICER AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024 Constitution of India, 1950 — Article 14 — Tender — Cancellation of — The maintenance transfer of two underpasses in Kolkata was awarded to the appellant but later cancelled by the respondent due to technical faults — The appellant argued that the cancellation was arbitrary and lacked a public law element, while the respondent argued that it was due to technical faults and financial losses — The court scrutinized the internal file-notings related to the cancellation, emphasizing the need for fai India Law Library Docid # 1604235
(283) RATNU YADAV Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 09-07-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — Murder of own stepmother over a land dispute — The prosecution's case was based on an extra-judicial confession and the testimony of a witness who saw accused dragging the deceased — The main issue was whether the death was homicidal and if the appellant's guilt was proven beyond a reasonable doubt — The defence argued that the death could have been accidental, questioning the reliability of the extra-judicial confession and the absence of injury m India Law Library Docid # 1604237
(284) MAHARAJ SINGH AND OTHERS Vs. KARAN SINGH (DEAD) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024 Transfer of Property Act, 1882 — Section 3 — Uttaranchal (The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950) (Adaption and Modification order, 2001) (Amendment) Ordinance, 2003 — Section 154-B — Dispute over a registered agreement for sale of land, subsequent sales by the original owner, and a suit for specific performance filed by the plaintiffs — Whether the agreement was sham and bogus, if the subsequent purchasers were bona fide, and the applicability of the Zamindari Abolitio India Law Library Docid # 1604238
(285) GAURAV MAINI Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 09-07-2024 Penal Code, 1860 (IPC) — Sections 364A, 392 and 120B — Kidnapping — The High Court upheld convictions in a case where appellants challenged the prosecution's case in the Supreme Court — The defence argued that the prosecution's case was fabricated, with inconsistencies in FIR registration, non-examination of a key witness, and procedural errors in recovering ransom money — The State maintained that the prosecution's case was based on reliable testimony from the kidnapped boy — The Supreme Court India Law Library Docid # 1604239
(286) NASEEM KAHNAM AND OTHERS Vs. ZAHEDA BEGUM (DEAD) BY LR. AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024 Property Dispute — Validity of an agreement for the settlement of family property under Mohammedan Law — The case concerns a property dispute where plaintiffs seek to enforce a family settlement agreement (Exhibit-A6) for division — The main issues are its validity and enforceability under Mohammedan Law — The petitioner argues it's unenforceable due to lack of registration and stamp duty, while respondents maintain it's valid and should be enforced for family peace — The Court upheld the High C India Law Library Docid # 1604240
(287) STATE OF PUNJAB Vs. RANDHIR SINGH ETC. [SUPREME COURT OF INDIA] 09-07-2024 Penal Code, 1860 (IPC) — Sections 302 and 34 — The case involves appeals by the State of Punjab against the acquittal of the accused by the High Court in a murder, who suffered burn injuries — The Supreme Court upheld the High Court's acquittal of the accused in a case where the State argued that the victim was harassed and set on fire by her in-laws due to objections over an illicit relationship — The defence contended that the dying declaration recorded by the police was fabricated — The Supre India Law Library Docid # 1604241
(288) VINOD JASWANTRAY VYAS (DEAD) THROUGH LRs. Vs. THE STATE OF GUJARAT [SUPREME COURT OF INDIA] 09-07-2024 Penal Code, 1860 (IPC) — Sections 302, 304 Part I and 114 — Death in Police Custody — The Supreme Court has acquitted two police officers, who were accused of custodial violence leading to the death of ‘J’ — The court found that the prosecution failed to provide cogent, convincing, and reliable evidence to prove the guilt of the accused — The court also noted that the testimony of the prosecution witnesses was contradictory and inconsistent with the medical evidence — The court concluded that th India Law Library Docid # 1604242
(289) THANKAMMA GEORGE Vs. LILLY THOMAS AND ANOTHER [SUPREME COURT OF INDIA] 09-07-2024 Contract Act, 1872 — Sections 207 and 208 — Appellant a nurse working abroad, and her sister respondent purchased property together — The appellant granted respondent power of attorney, which was later used to transfer property to her husband without her consent — The main issue was whether the power of attorney was revoked implicitly when the appellant co-executed a sale deed with respondent, making the subsequent property transfer void — The appellant argued that the power of attorney was impl India Law Library Docid # 1604243
(290) G.M. SHAHUL HAMEED Vs. JAYANTHI R. HEGDE [SUPREME COURT OF INDIA] 09-07-2024 Karnataka Stamp Act, 1957 — Sections 35 and 58 and Article 41 of the Schedule — The case involves disputes over the admissibility of a General Power of Attorney (GPA) that was insufficiently stamped and whether the court can recall its admission in evidence — The Supreme Court ruled that the Trial Court has the authority to revisit and recall the admission of an insufficiently stamped instrument after it has been marked as an exhibit — The appellant argued that the court should reconsider the ad India Law Library Docid # 1604244
(291) M/S. DAIMLER CHRYSLER INDIA PVT. LTD. AND OTHERS Vs. M/S CONTROLS & SWITCHGEAR COMPANY LTD. AND ANOTHER [SUPREME COURT OF INDIA] 09-07-2024 Consumer Protection Act, 1986 — Section 2(1)(d) — “commercial purpose” — Purchase of a vehicle by a company for the use of its directors would not automatically classify as a purchase for "commercial purposes" under the Consumer Protection Act — The court emphasized that whether a purchase is for commercial purposes or not depends on the facts and circumstances of each case — The court further explained that the purchase of goods or services must have a close and direct nexus with profit-generat India Law Library Docid # 1604245
(292) UJAGAR SINGH (DEAD) THR. LRS. AND ANOTHER Vs. PUNJAB STATE AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024 Punjab Land Reforms Act, 1972 — Section 21 — Bar of jurisdiction — Jurisdiction of civil courts under the Punjab Land Reforms Act, 1972 — The appellants, followers of a religious shrine, filed a suit for declaration and injunction against the respondents, claiming certain land belonged to the religious institution and was exempt from the Land Reforms Act — The High Court set aside the lower court's judgment, stating that civil court jurisdiction was barred under Section 21 of the Land Reforms Ac India Law Library Docid # 1604246
(293) ELFIT ARABIA AND ANOTHER Vs. CONCEPT HOTEL BARONS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 09-07-2024 Arbitration and Conciliation Act 1996 — Section 11(6) — Negotiable Instruments Act 1881 — Section 138 — The Supreme Court dismissed an arbitration petition filed by petitioners stating that the claim was ex-facie barred by limitation — The petitioner had executed a Memorandum of Understanding (MoU) with the respondents in 2004 to finance a telecom project, and cheques were given to the petitioner from time to time during the course of meetings between the parties to negotiate repayment — However India Law Library Docid # 1604284
(294) BIJON KUMAR MAHAJAN Vs. STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 08-07-2024 The petitioner sought permission to file a Special Leave Petition (SLP) against the Gauhati High Court's orders dated 27-01-2023 and 02-02-2024 —The main issue was whether the remarks made by the High Court, calling for police personnel to remove the petitioner from the court, were justified — The Supreme Court granted permission to file the SLP, condoned the delay, and expunged the High Court's remarks about calling police personnel — The SLP was disposed of with observations that every advocat India Law Library Docid # 2417199
(295) THATIREDDIGARI MAHESWARA REDDY Vs. STATE OF ANDHRA PRADESH [SUPREME COURT OF INDIA] 08-07-2024 Penal Code, 1860 (IPC) — Sections 120B, 148 and 302 — Murder — The case involved the murder with eleven accused initially charged — The main issue was the credibility of eyewitnesses (PW1 to PW3), who were the victim's brothers, and whether the motive for the murder was established — Petitioner challenged the reliability of eyewitnesses, claiming they were interested and chance witnesses — State supported the trial court's judgment, emphasizing the consistency and credibility of the eyewitnesses India Law Library Docid # 1604251
(296) THE EXCISE COMMISSIONER KARNATAKA AND ANOTHER Vs. MYSORE SALES INTERNATIONAL LTD. AND OTHERS [SUPREME COURT OF INDIA] 08-07-2024 Income tax Act, 1961 — Section 206C(6) — Collection of tax at source from the liquor vendors — The court ruled that a Karnataka Government undertaking was involved in manufacturing arrack, and the excise commissioner determined the amount realizable from excise vendors — The primary issue was whether Section 206C of the Income Tax Act applied to the appellant and if the liquor vendors were "buyers" within the meaning of the Act — The court analyzed the statutory framework of the business of arra India Law Library Docid # 1604213
(297) THE STATE OF PUNJAB Vs. PARTAP SINGH VERKA [SUPREME COURT OF INDIA] 08-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 319 — Prevention of Corruption Act, 1988 — Sections 7 and 13(2) — Sanction from the appropriate authority for prosecution of a public servant — The State of Punjab appealed against a High Court decision that set aside a Trial Court order summoning respondent to face trial for alleged corruption — The main issue was whether the Trial Court could summon the respondent without the sanction under Section 19 of the Act, 1988 —The State argued that no san India Law Library Docid # 1604214
(298) 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
(299) 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
(300) 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