(341) RAMNARESH @ RINKU KUSHWAH AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Education Law — Allotment of MBBS Seats — The appellants challenged the decision of the Medical Education Department of Madhya Pradesh for not allotting MBBS seats to meritorious reserved candidates from government schools —Whether the reserved category candidates who qualify on merit should be allotted seats in the unreserved category — The appellants argued that the sub-classification of candidates into categories like UR-GS, SC-GS, etc., was illegal and deprived them of their rightful seats — India Law Library Docid # 1604353
(342) GAUTAM KUMAR DAS Vs. NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Guardians and Wards Act, 1890 — Section 10 — The appellant lost his wife in COVID-19 and temporarily handed over custody of his minor daughter to his sister-in-law — He later remarried and sought custody of his daughter, which was refused by the respondents —Whether the appellant, as the natural guardian, should be granted custody of his minor daughter —The appellant argued that he is the natural guardian and the High Court erred in dismissing his petition — He emphasized the welfare of the chil India Law Library Docid # 1604354
(343) IN RE: RIGHT TO PRIVACY OF ADOLESCENTS[SUPREME COURT OF INDIA] 20-08-2024 Protection of Children from Sexual Offences Act, 2012 — Section 6 — Penal Code, 1860 (IPC) — Sections 376(2)(n) and 376(3) — Aggravated penetrative sexual assault — The case involves a 14-year-old girl who was enticed by the accused to leave her home — The accused was convicted under the POCSO Act and IPC for sexual offences — The High Court acquitted the accused for certain offences, leading to a suo motu writ petition challenging this acquittal — The Supreme Court criticized the High Court's j India Law Library Docid # 1604355
(344) MINERAL AREA DEVELOPMENT AUTHORITY AND ANOTHER Vs. M/S STEEL AUTHORITY OF INDIA AND ANOTHER ETC. [SUPREME COURT OF INDIA] 14-08-2024 Cess and Other Taxes on Minerals (Validation) Act 1992 — The case involves the Mineral Area Development Authority (MADA) and the Steel Authority of India (SAIL), focusing on the validity of state tax demands on mineral rights — Whether the judgment in MADA should be applied retrospectively or prospectively, impacting tax demands and commercial transactions — Petitioners argue for prospective application to avoid retrospective tax burdens on end consumers and commercial disruptions — Respondents India Law Library Docid # 1604345
(345) MAHESHKUMAR CHANDULAL PATEL AND ANOTHER Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 14-08-2024 Gujarat Civil Services (Pay) Rules, 2002 — Rule 21 — Stepping up of a pay of Government Employee on the basis of the pay of his junior — Whether the principle of stepping up the pay of an employee based on the pay of a junior applies when the appellants are on a lesser pay scale than Assistant Professors appointed before them as ad hoc lecturers and subsequently regularized — Whether Rule 21 of the 2002 Pay Rules applies to the appellants' situation, where juniors are paid more due to their ad h India Law Library Docid # 1604349
(346) HUSSAINBHAI ASGARALI LOKHANDWALA AND OTHERS Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 14-08-2024 Penal Code, 1860 (IPC) — Sections 304 Part I and 304 Part II — Murder during a quarrel in family dispute — Modification of sentence — The main issue is whether the conviction should be under Section 304 Part I or Part II of the IPC — The petitioner argued that the incident was a result of self-defence and that the conviction should be set aside — The respondent supported the High Court's decision and argued for the dismissal of the appeal — The Supreme Court upheld the High Court's decision to India Law Library Docid # 1604350
(347) N. F RAILWAY VENDING AND CATERING CONTRACTORS ASSOCIATION LUMDING DIVISION Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-08-2024 Civil Procedure Code, 1908 (CPC) — Order 23 Rule 1 — The case involves the N.F. Railway Vending and Catering Contractors Association Lumding Division challenging a decision by the Gauhati High Court — The main issue is whether the members of the petitioning Association should vacate the spaces they occupy and deposit the demanded amounts — The petitioners argue that the decision in S. Narahari vs. S.R. Kumar should be reconsidered and that they should not be required to vacate the spaces or depo India Law Library Docid # 2417143
(348) JALALUDDIN KHAN Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 13-08-2024 Penal Code, 1860 (IPC) — Sections 121, 121A and 122 —Unlawful Activities (Prevention) Act, 1967 — Sections 13, 18, 18A, 20 and 43D(5) — The appellant is prosecuted under IPC and UAPA — He allegedly rented premises to a co-accused involved in objectionable activities of PFI —Whether there is sufficient material to link the appellant with the offences under UAPA and whether the appellant should be granted bail — No material links the appellant to PFI activities — The premises were rented out witho India Law Library Docid # 1604344
(349) SRI SUJIES BENEFIT FUNDS LIMITED Vs. M. JAGANATHUAN [SUPREME COURT OF INDIA] 13-08-2024 Criminal Procedure Code, 1973 (CrPC) — Section 391 — Negotiable Instruments Act, 1881 — Section 138, 139, and 118(a) — The respondent borrowed loans from the appellant, totaling Rs. 21,09,000 — A cheque issued by the respondent was dishonored due to a closed account — Whether the cheque was issued for a legally enforceable debt and if the respondent had repaid the loan — The appellant argued that the cheque's issuance creates a presumption of debt, which the respondent failed to rebut — The resp India Law Library Docid # 1604346
(350) JAMES KUNJWAL @APPELANT Vs. STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 13-08-2024 Penal Code, 1860 (IPC) — Sections 193, 376 and 504 — Establishing relations on the false pretext of marriage — Accused was granted bail, which the complainant sought to cancel — Whether the appellant's denial in his affidavit constitutes an offence under Section 193 IPC (false evidence) — Petitioner argue that mere denial of averments does not constitute perjury — The court is not bound to make a complaint under Section 195(1)(b) unless it is expedient in the interest of justice — Respondent sta India Law Library Docid # 1604347
(351) IN RE : PATANJALI AYURVED LIMITED THROUGH ITS MANAGING DIRECTOR, ACHARYA BALKRISHNA AND BABA RAMDEVIN THE MATTER OF : INDIAN MEDICAL ASSOCIATION AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 13-08-2024 Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 — Sections 3 and 4 — The Indian Medical Association (IMA) filed a writ petition against Patanjali Ayurved Limited, Acharya Balkrishna, and Baba Ramdev for spreading misinformation about modern medicine — Whether Patanjali violated court orders by continuing to make misleading claims about their products' medicinal efficacy —IMA argued that Patanjali continued to make false claims about their products despite court orders prohibiti India Law Library Docid # 1604348
(352) BHAGWAN BHAGAT Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER [SUPREME COURT OF INDIA] 12-08-2024 Prevention of Money laundering Act, 2002 —Penal Code, 1860 — Section 120B — The appellants were accused in two complaints filed by the Directorate of Enforcement under the Prevention of Money Laundering Act (PMLA — The complaints referenced multiple First Information Reports (FIRs) related to alleged illegal mining activities —Whether the complaints sufficiently demonstrated that the alleged offenses generated proceeds of crime, as required under the PMLA —The Supreme Court found that the compla India Law Library Docid # 2417144
(353) P. ARUN PRASAD AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-08-2024 National Green Tribunal Act, 2010 — Section 26 — The National Green Tribunal (NGT) found that the Chhattisgarh Environment Conservation Board (CECB) failed to comply with its order regarding pollution monitoring systems — The NGT directed criminal complaints against CECB officials —Whether the CECB officials' failure to comply with the NGT's order constituted an offense under Section 26 of the NGT Act, 2010 —The CECB sought more time to comply, citing steps already taken and ongoing efforts to i India Law Library Docid # 2417145
(354) MAHENDRA KUMAR SONKER Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 12-08-2024 Penal Code, 1860 (IPC) — Section 353 — Assault or Criminal Force to Deter Public Servant from Discharge of his Duty — The appellant was convicted during a trap operation — He was acquitted of other charges, and his wife was fully acquitted —Whether the conviction under Section 353 of the IPC was justified based on the evidence presented — The appellant argued that the evidence did not support the conviction under Section 353, and that his wife was acquitted on the same evidence — The State defen India Law Library Docid # 1604343
(355) RAHUL Vs. NATIONAL INSURANCE COMPANY LTD. AND ANOTHER [SUPREME COURT OF INDIA] 09-08-2024 Motor Accident Claims — Accurate Disability assessment — Supreme Court addressed the issue of compensation for a motor accident victim who sustained injuries to both hands requiring surgery and resulting in permanent disability — The Motor Accident Claims Tribunal (Tribunal) initially awarded Rs.5,38,872/- as compensation, considering a 25% disability — The insurance company appealed, and the High Court reduced the compensation to Rs.4,74,072/-, adjusting the disability India Law Library Docid # 1604341
(356) RAJKOT MUNICIPAL CORPORATION Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 09-08-2024 Gujarat Provincial Municipal Corporation Act, 1949 — Sections 139 and 140 — Primary responsibility for property taxes on whom to rest —Supreme Court upheld the High Court decision to refund a portion of property tax paid by Respondent No. 2 the Appellant — The dispute concerned tax arrears for a period before Respondent No. 2 acquired ownership of the property on September 3, 2015 — The Court ruled that under the Gujarat Provincial Municipal Corporations Act, 1949, the liability for property tax India Law Library Docid # 1604342
(357) MANISH SISODIA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 09-08-2024 Prevention of Corruption Act, 1988 — Sections 7, 7A, 8 and 12 — Penal Code, 1860 — Sections 420, 201 and 120B — Prevention of Money Laundering Act, 2002 — Section 3 — Manish Sisodia's bail applications were rejected by the High Court of Delhi — He is involved in cases registered by the CBI and ED related to alleged irregularities in Delhi's Excise Policy for 2021-22 —Whether the appellant is entitled to bail considering the prolonged incarceration and the right to a speedy trial — Petitioner ar India Law Library Docid # 1604337
(358) DOLI RANI SAHA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 09-08-2024 Railway Claims Tribunal Act 1987 — Section 16 —Railways Act 1989 — Sections 191 and 124A — Bona fide passenger — The appellant's brother died from a fall from a moving train in 2003 — The appellant sought compensation, which was initially denied by the Railway Claims Tribunal and the High Court — Whether the deceased was a bona fide passenger and if the incident qualifies as an untoward incident under the Railways Act — The appellant argued that a valid ticket is not necessary for compensation a India Law Library Docid # 1604364
(359) JAGDISH PRASAD SINGH Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 08-08-2024 Service Law — Pay fixation error — The appellant, a retired government employee, was promoted and received a revised pay scale — Years after retirement, the government sought to recover excess payments due to a pay fixation error — Whether the government can retrospectively reduce the appellant's pay scale and recover excess payments after retirement — The appellant argued that the government resolution protecting promotions before a certain date was misinterpreted, and the recovery was arbitrar India Law Library Docid # 1604333
(360) ALLARAKHA HABIB MEMON ETC. Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 08-08-2024 Penal Code, 1860 (IPC) — Sections 302, 323 read with Section 120B — Murder —Dispute over water supply — They were sentenced to life imprisonment by the trial court, and the conviction was upheld by the High Court — The main issue was whether the appellants were rightly convicted based on the evidence presented — The appellants argued that the evidence was unreliable, key witnesses were not credible, and there were procedural lapses in the investigation — The State argued that the evidence was su India Law Library Docid # 1604334