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(361) THE STATE OF RAJASTHAN AND OTHERS Vs. BHUPENDRA SINGH [SUPREME COURT OF INDIA] 08-08-2024
Service Law — Removal from Service — Respondent appointed as Inspector in 1960 and later as Assistant Registrar, faced multiple charges of misconduct, including unauthorized appointments and financial irregularities —The main issue was whether the disciplinary proceedings and the subsequent removal of from service were justified —The State of Rajasthan argued that respondent's actions demonstrated insubordination and financial misconduct, justifying his removal — Respondent contended that the di
India Law Library Docid # 1604335

(362) DLF LTD. (FORMERLY KNOWN AS DLF UNIVERSAL LTD) AND ANOTHER Vs. KONCAR GENERATORS AND MOTORS LTD. [SUPREME COURT OF INDIA] 08-08-2024
Arbitral Award — Contractual Dispute — The date when the arbitral award becomes enforceable, i.e., when the objections against the award are dismissed and the award attains finality, shall be the date for conversion.

B. Arbitral Award — Contractual Dispute — The court held that the date of the arbitral award's enforceability is the date when the objections against it are finally decided, and this date should be used to convert the award amount — If the award debtor deposits some amount before
India Law Library Docid # 1604336

(363) IN RE: ORDER OF PUNJAB AND HARYANA HIGH COURT DATED 17.07.2024 AND ANCILLARY ISSUES[SUPREME COURT OF INDIA] 07-08-2024
Framework of judicial ethics and conduct and reinforcing the importance of maintaining the integrity and independence of the judiciary — The Supreme Court in a suo motu writ (Civil) No. 8 of 2024, expunged certain observations made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court in an order dated July 17, 2024 — The Court took issue with the Single Judge's remarks, which it found to be disrespectful and undermining the authority of the Supreme Court — Despite the High Court's Div
India Law Library Docid # 1604340

(364) PREM LAL ANAND AND OTHERS Vs. NARENDRA KUMAR AND OTHERS [SUPREME COURT OF INDIA] 07-08-2024
Motor Accident Compensation — Contributory Negligence — The claimant and his wife were involved in a motorcycle accident with two tractors, resulting in the wife's death and the claimant's severe injuries — The main issues were rash and negligent driving, contributory negligence and insurance liability — The claimant argued for higher compensation due to the loss of income from their business and the misapplication of the multiplier by the Tribunal — The respondents contended that the claimant w
India Law Library Docid # 1604327

(365) ROJALINI NAYAK AND OTHERS Vs. AJIT SAHOO AND OTHERS [SUPREME COURT OF INDIA] 07-08-2024
Motor Accident Claims — Enhancement of Compensation — The claimant-appellant's husband died in a motor accident involving an ambulance and a truck — The deceased was employed as a 'Khalasi' in the ambulance — The maintainability of the claim for compensation, the rash and negligent conduct of the truck driver, and the extent of compensation payable — The High Court awarded Rs. 8,30,000 as compensation, deducting Rs. 6,25,000 already paid by the employer — The Supreme Court modified the compensat
India Law Library Docid # 1604328

(366) SRI DATTATRAYA Vs. SHARANAPPA [SUPREME COURT OF INDIA] 07-08-2024
Negotiable Instruments Act, 1881 — Section 138 — The appellant lent Rs. 2,00,000 to the respondent, who issued a cheque as a guarantee — The cheque was dishonored due to insufficient funds — Whether the respondent committed an offence under Section 138 of the Act, 1881 and Section 420 of the IPC — The appellant argued that the respondent failed to repay the loan and intentionally cheated him — The respondent claimed the cheque was issued for security purposes to a third party and denied the loan
India Law Library Docid # 1604329

(367) M/S D. KHOSLA AND COMPANY Vs. THE UNION OF INDIA [SUPREME COURT OF INDIA] 07-08-2024
Arbitration Act, 1940 — Sections 14 and 17 — Interest on interest for the post-award period — The case involves a contract from 1984-85 between petitioners and respondent with an arbitration award passed in 1997 — Whether the petitioner is entitled to compound interest or interest on interest for the post-award period — The petitioner argued that the 12% interest awarded for the pre-award period should be included in the principal sum for calculating the 15% post-award interest — The respondent
India Law Library Docid # 1604330

(368) TUSHARBHAI RAJNIKANTBHAI SHAH Vs. KAMAL DAYANI AND OTHERS [SUPREME COURT OF INDIA] 07-08-2024
Contempt of Courts Act, 1971 — Section 12 — The petitioner was accused of receiving Rs. 1.65 crores for the sale of 15 shops but failed to deliver possession — He sought anticipatory bail, which was initially granted by the Supreme Court but later led to his arrest and remand — Whether the respondents committed contempt by disobeying the Supreme Court's order granting interim anticipatory bail —The petitioner argued that the respondents willfully disobeyed the Supreme Court's order by arresting
India Law Library Docid # 1604331

(369) THE BLUE DREAMZ ADVERTISING PVT. LTD. AND ANOTHER Vs. KOLKATA MUNICIPAL CORPORATION AND OTHERS [SUPREME COURT OF INDIA] 07-08-2024
Contractual Dispute — Dispute over a contract for displaying advertisements on street hoardings — The main issue is whether the debarment of the appellant for five years by the Corporation was valid and justified — The appellant argued that the Corporation could only impose a penalty for late payments, not blacklisting, and that the blacklisting was disproportionate and unfair — The Corporation defended the blacklisting, citing the appellant's failure to fulfill contractual obligations and non-p
India Law Library Docid # 1604332

(370) M/S ERNAKULAM MEDICAL CENTRE AND ANOTHER Vs. DR. P.R. JAYASREE AND ANOTHER [SUPREME COURT OF INDIA] 06-08-2024
Consumer Law — Deficiency of Service — Two patients, ‘K’ and ‘P’ died at Ernakulam Medical Centre — The hospital mistakenly handed over ‘P’s body to ‘K’s family, who cremated it — The main issue was the hospital's deficiency in service by handing over the wrong body to the wrong family —Petitioner argues that hospital argued against the compensation awarded by the Kerala State Consumer Disputes Redressal Commission (SCDRC) —The complainants sought compensation for the hospital's mistake — The Su
India Law Library Docid # 2417147

(371) O.B.C. MAHASABHA Vs. STATE OF M.P. AND OTHERS [SUPREME COURT OF INDIA] 06-08-2024
Detention —The case involves the alleged illegal detention and disappearance of ‘M’ with accusations against influential political figures — Whether the local police failed to conduct a fair and independent investigation into the disappearance of ‘M’ — The petitioner argued that influential persons were involved, and the local police were not conducting a proper investigation — The respondents disputed the petitioner's locus and claimed that the police had conducted a thorough investigation — Th
India Law Library Docid # 2417148

(372) UNION TERRITORY OF CHANDIGARH Vs. MOHIT DHAWAN [SUPREME COURT OF INDIA] 06-08-2024
Penal Code, 1860 (IPC) — Sections 420, 467, 468 and 471 — The respondent, a dentist in Chandigarh, faced allegations from foreign patients of overcharging and treatment anomalies — Multiple FIRs were registered against him — The respondent accused police officials of abduction and evidence tampering — The High Court ordered an independent investigation by a Special Investigation Team (SIT) — The Union Territory of Chandigarh argued that the High Court exceeded its jurisdiction and that the respo
India Law Library Docid # 2417149

(373) SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER [SUPREME COURT OF INDIA] 06-08-2024
Undertrial prisoners — The case involves Satender Kumar Antil as the petitioner against the Central Bureau of Investigation (CBI) and others — The Supreme Court is addressing compliance issues with previous orders related to undertrial prisoners (UTPs) — The main issue is the non-compliance of various states, Union Territories (UTs), and High Courts with the Supreme Court's directions regarding the treatment and release of UTPs — The petitioner, represented by Amicus Curiae Siddharth Luthra, arg
India Law Library Docid # 2417150

(374) RAJASTHAN AGRICULTURAL UNIVERSITY, BIKANER, THROUGH ITS REGISTRAR Vs. DR. ZABAR SINGH SOLANKI AND OTHERS [SUPREME COURT OF INDIA] 06-08-2024
Service Law — Career Advancement Scheme — Research Assistants at Rajasthan Agricultural University were re-designated as Lecturers and later as Assistant Professors, drawing the same pay-scale as other faculty members — Whether the re-designated Research Assistants are entitled to the benefits of the Career Advancement Scheme (CAS) meant for directly appointed Assistant Professors — The University argued that past service as Lecturers/Research Assistants cannot be equated with service as Assista
India Law Library Docid # 1604323

(375) SHIFANA P.S. Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 06-08-2024
Education Law — Interpretation of qualifying criteria for government appointments and the determination of educational equivalence — Non-equivalence degree — The appellant, holding a B.Sc in Polymer Chemistry and a B.Ed in Physical Science, was denied a position as High School Assistant (Physical Science) by the Kerala Public Service Commission (KPSC) due to non-equivalence of her degree — Whether the appellant's B.Sc (Polymer Chemistry) degree is equivalent to B.Sc (Chemistry) for the advertis
India Law Library Docid # 1604324

(376) DHARAMBEER KUMAR SINGH Vs. THE STATE OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 06-08-2024
Penal Code, 1860 (IPC) — Sections 384, 389, 406 and 420 r/w Section 34 and 120B — Quashing of the summoning order and criminal proceedings — The appellant challenged the High Court of Jharkhand's decision to quash the summoning order and criminal proceedings related to a fraud case — Whether the High Court was correct in quashing the summoning order and criminal proceedings — The appellant argued that the documents submitted by the respondents were forged and that the High Court overstepped its
India Law Library Docid # 1604325

(377) PEOPLES RIGHTS AND SOCIAL RESEARCH CENTRE (PRASAR) AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 06-08-2024
Constitution of India, 1950 — Articles 21, 39(e), 42, 43, and 48A — Highlighting the State's duty to ensure workers' health and safety — Issue of ‘silicosis' among workers in various industries in India — The main issues were the prevalence of silicosis, lack of detection, monitoring, and remedial measures , and violation of workers fundamental rights — Right to health and safety under Article 21 of the Constitution was being neglected, and the State's failure to protect workers and provide adeq
India Law Library Docid # 1604326

(378) ROHAN RAJESH KOTHARI Vs. THE STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 05-08-2024
Civil Procedure Code, 1908 (CPC) — Section 13(f) — Temporary custody of his children — The petitioner sought temporary custody of his children through a Writ of Habeas Corpus — The children are currently living with their mother in India — The main issue is whether the petitioner approached the courts with clean hands and if the temporary custody of the children should be granted —The Supreme Court dismissed the Special Leave Petition, stating that the petitioner did not approach the courts with
India Law Library Docid # 2417151

(379) HARSH BHUWALKA AND OTHERS Vs. SANJAY KUMAR BAJORIA [SUPREME COURT OF INDIA] 05-08-2024
Supreme Court Rules, 2013 —Order 22 Rule 3 — The petitioners challenged a High Court decision dismissing their application under Section 482 of the Code of Criminal Procedure, 1973 — The main issue was whether the petitioners' delay in filing the special leave petition and their false statement regarding the certified copy of the impugned order should be condoned — The petitioners argued for condonation of delay and exemption from filing the certified copy of the impugned order, claiming they ha
India Law Library Docid # 2417152

(380) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 05-08-2024
Constitution of India, 1950 — Article 51A — Envirment Protection — The case involves multiple applications related to the Taj Trapezium Zone, including issues of tree felling, environmental impact, and industrial activities — The primary issues include the environmental impact on the Taj Trapezium Zone, the necessity of tree felling, and the expansion of non-polluting industries — The petitioners argue for the protection of the environment around the Taj Mahal, including reducing tree felling an
India Law Library Docid # 2417153