(321) 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
(322) 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later used to transfer property to her husband without her consent — The main issue was whether the power of attorney was revoked implicitly when the appellant co-executed a sale deed with respondent, making the subsequent property transfer void — The appellant argued that the power of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
(323) 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
(324) 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
(325) 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
(326) 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
(327) 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
(328) 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
(329) 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
(330) 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
(331) 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
(332) 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
(333) 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
(334) THE STATE OF WEST BENGAL REPRESENTED THROUGH THE SECRETARY AND OTHERS Vs. RAJPATH CONTRACTORS AND ENGINEERS LTD. [SUPREME COURT OF INDIA] 08-07-2024 Arbitration and Conciliation Act, 1996 — Sections 34 and 34(3) —Limitation Act of 1963 — Sections 4 and 12(1) — The period of limitation for filing a petition under Section 34 of the Act, 1996, starts from the date the party receives the arbitral award — In accordance with Section 12(1) of the Act, 1963, the day from which the limitation period is to be reckoned must be excluded. India Law Library Docid # 1604218
(335) X Vs. Y [SUPREME COURT OF INDIA] 08-07-2024 Hindu Marriage Act, 1955 — Sections 9, 13(1) and 13(1A) — Restitution of conjugal rights — Grounds of desertion — The case revolves around a matrimonial dispute between an appellant and respondent with continuous separation since 2008 — The primary issue is the dissolution of marriage based on grounds of cruelty and desertion, with the appellant seeking a divorce decree after the respondent did not abide by the decree for restitution of conjugal rights — The respondent argued that the appellant India Law Library Docid # 1604219
(336) SHIV PRATAP SINGH RANA Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 08-07-2024 Penal Code, 1860 (IPC) — Section 376(2)(n) and 506 — Consensual relationship —Quashing of the proceedings —The case involved allegations of rape and criminal intimidation against the appellant by the prosecutrix — The court found that the relationship between the parties was consensual and there was no evidence to support the charges of rape and criminal intimidation — The court further observed that compelling the appellant to face a criminal trial on the available materials would be an abuse o India Law Library Docid # 1604220
(337) P. SASIKUMAR Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 08-07-2024 Penal Code, 1860 (IPC) — Sections 302, 34, 449, 404 and 201 — The case involves the murder of a 14-year-old girl — Appellant (accused no.2) challenging his conviction for murder under Section 302 IPC and related charges —The primary issue is the identification of the appellant as one of the perpetrators, with the prosecution's case largely based on circumstantial evidence —The petitioner (appellant) argues against the reliability of the identification, while the respondent (prosecution) relies o India Law Library Docid # 1604221
(338) DHARMENDRA KUMAR @ DHAMMA Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 08-07-2024 Penal Code, 1860 (IPC) — Sections 302 and 34 — The appeal against the High Court's conviction for murder raises questions about alleged contradictions in the prosecution's case, the impact of inconclusive FSL results on the recovered weapon, and the validity of a dying declaration recorded under Section 161 CrPC — The appellant contends inherent contradictions in eyewitness accounts, disputes his presence at the crime scene, and questions the admissibility of the dying declaration — The State su India Law Library Docid # 1604222
(339) LAL MOHAMMAD MANJUR ANSARI Vs. THE STATE OF GUJRAT [SUPREME COURT OF INDIA] 08-07-2024 Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 25 —Murder following a dispute over playing music —The appellant challenged the conviction, questioning the reliability of eyewitnesses, the extrajudicial confession, and the dying declaration — The appellant's counsel argued that the eyewitnesses' statements were taken out of context and that the investigation regarding the extrajudicial confession was incomplete — The State's counsel maintained that despite some witnesses bein India Law Library Docid # 1604223
(340) SARDAR RAVI INDER SINGH AND ANOTHER Vs. STATE OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 08-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 362 — Penal Code, 1860 (IPC) — Sections 420, 406, 424 and 120-B — Abuse of process of law — The court held that when a complainant has withdrawn a civil suit based on a settlement agreement and has given up all rights under the agreements, continuing a criminal complaint based on the same agreements would amount to an abuse of the process of law. India Law Library Docid # 1604224