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(361) SUPREME COURT BAR ASSOCIATION Vs. B.D. KAUSHIK [SUPREME COURT OF INDIA] 02-05-2024
Supreme Court Bar Association election process — The case involves the Supreme Court Bar Association (SCBA) and B.D. Kaushik, with various applications and interventions related to SCBA's internal regulations and election processes — The main issues include eligibility conditions for SCBA office bearers, membership fee revisions, tenure of the Executive Committee, and reservation for women in the Executive Committee — The court directed the SCBA to invite suggestions for reforms, mandated reserv
India Law Library Docid # 2417230

(362) R.K. MUNSHI Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS [SUPREME COURT OF INDIA] 02-05-2024
Jammu and Kashmir Civil Services (House Rent Allowance and City Compensation Allowance) Rules, 1992 - Rule 6(h) – House Rent Allowance (HRA) - The appellant, a retired Inspector(Telecom) in Jammu and Kashmir Police, was charged with unauthorized House Rent Allowance (HRA) drawals and asked to repay Rs.3,96,814/-.- The main issue was whether the appellant was entitled to HRA while sharing government accommodation allotted to his retired father - The appellant argued that the quarter was allotted
India Law Library Docid # 1604127

(363) SHANKAR AND OTHERS Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 02-05-2024
Criminal Procedure Code, 1973 (CrPC) – Section 319 and 482 - Penal Code, 1860 (IPC) – Section 302 – Issuing of the summons - The appeals concern a summoning order under Section 319 Cr.P.C. for the appellants to face trial for an offence under Section 302 IPC, based on a High Court decision dated 04.04.2023 - The main issue is the sufficiency of material against the appellants prompting the summoning order under Section 319 Cr.P.C - The appellants argue that they were incorrectly named in the FIR
India Law Library Docid # 1604128

(364) CHAITRA NAGAMMANAVAR Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 02-05-2024
Karnataka State Universities Act, 2000 - Karnataka State Civil Services (Unfilled Vacancies Reserved For Persons Belonging to the SC’s and ST’s) (Special Recruitment) Rules, 2001 - Rule 6 – Appointment - The case revolves around a service dispute regarding the appointment to a Scheduled Tribes (ST) reserved post at Bangalore University - The appellant was appointed based on merit, while respondent no. 7 was within the preferential age bracket - The main issue is whether the 2001 Rules apply to t
India Law Library Docid # 1604129

(365) MADHUSUDAN AND OTHERS Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 02-05-2024
Penal Code, 1860 (IPC) — Sections 149, 302, 307 and 323 — Appeal against conviction related to a violent incident resulting in death and injuries —The appellants challenged the conviction based on inconsistencies in eyewitness accounts and the prosecution's failure to establish a common intention among the accused — The State argued for upholding the conviction, emphasizing eyewitness accounts and the trial court's findings — The Supreme Court allowed the appeal, leading to the acquittal of the
India Law Library Docid # 1604205

(366) COMMISSIONER OF TRADE AND TAXES Vs. FEMC PRATIBHA JOINT VENTURE [SUPREME COURT OF INDIA] 01-05-2024
Delhi Value Added Tax Act, 2004 — Section 38(3) — The respondent, a joint venture, claimed refunds of excess tax credit for the 4th quarter of 2015-16 and the 1st quarter of 2017-18 — The refunds were not paid until 2022, leading to a writ petition —Whether the timeline for refund under Section 38(3) of the Delhi Value Added Tax Act must be mandatorily followed while recovering dues by adjusting them against the refund amount — The department argued that the timeline in Section 38(3) is only for
India Law Library Docid # 2417231

(367) HANNA Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 01-05-2024
Penal Code, 1860 (IPC) — Sections 302 and 323, read with 149, 147 and 148 — Murder —The main issue was whether the appellants were guilty of the charges, considering the conflicting testimonies and alleged threats to witnesses —The appellants argued that key witnesses, including PW-1, were coerced by the police to give false testimonies — They highlighted inconsistencies and contradictions in the evidence presented by the prosecution —The State argued that PW-1's testimony should be considered c
India Law Library Docid # 2417232

(368) UNION OF INDIA AND ANOTHER Vs. DR. ASKET SINGH AND OTHERS [SUPREME COURT OF INDIA] 01-05-2024
Requisitioning and Acquisition of Immovable Property Act, 1952 — The respondents owned land acquired by the Ministry of Defence under the Act, 1952 — The acquisition notice was issued in 1964, but compensation was offered only in 1976, and the arbitration award was declared in 1998 —The main issue was the delay in offering compensation and whether solatium and interest should be awarded due to this delay —The High Court awarded solatium and interest due to the inordinate delay in compensation —
India Law Library Docid # 2417233

(369) SHARIF AHMED AND ANOTHER Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 01-05-2024
Criminal Procedure Code, 1973 (CrPC) - Section 173(2) - The appeals concern the nature of chargesheets filed by the state/police in some jurisdictions, particularly when they lack sufficient details of facts constituting the offense or relevant evidence - The main issue is whether chargesheets are being filed without adequate details or evidence, often merely reproducing the complainant's details from the FIR, and whether this meets the legal requirements - The judgment discusses the legal posit
India Law Library Docid # 1604124

(370) RAM BALAK SINGH Vs. STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 01-05-2024
Bihar Consolidation of Upholdings and Prevention of Fragmentation Act, 1956 – Section 37 - Bar of jurisdiction of Civil Courts - The dispute involves 0.32 decimal of land in Bihar, originally settled by ex-landlord ‘R’ to ‘M’, and then allegedly inherited by the plaintiff-appellant through adoption - The main issue is the possession and confirmation of the plaintiff's possession over the land, which was challenged by the State authorities claiming the land as state-owned pond land (jalkar) - The
India Law Library Docid # 1604125

(371) DEEPENDRA YADAV AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 01-05-2024
Education Law - The case involves a service rule amendment by the State of Madhya Pradesh, impacting job aspirants - The amendment was later recalled, but not before affecting an ongoing recruitment process - The main issue was the application of the amended rule to the recruitment process, leading to legal challenges and the question of whether meritorious reservation category candidates should be treated as unreserved at the preliminary examination stage - The petitioners challenged the validi
India Law Library Docid # 1604126

(372) MUNISH KUMAR GUPTA Vs. M/S MITTAL TRADING COMPANY [SUPREME COURT OF INDIA] 30-04-2024
Negotiable Instruments Act, 1881 — Section 138 — Penal Code, 1860 — Section 420 — The respondent filed a complaint under Section 138 alleging that the appellant issued a cheque dated 22.07.2010 to discharge a financial liability — The respondent later sought to amend the complaint to change the cheque date to 22.07.2012 —Whether the amendment to change the cheque date from 22.07.2010 to 22.07.2012 should be permitted —The appellant argued that the amendment should not be allowed as the original
India Law Library Docid # 2417234

(373) AJAY ISHWAR GHUTE AND OTHERS Vs. MEHER K. PATEL AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Land Dispute - The case involves a dispute over land ownership and the construction of a compound wall, which was permitted by the High Court under police protection without considering the rights of affected third parties - The main issue is whether the High Court was justified in allowing the construction of the compound wall under police protection, and whether necessary parties were impleaded - The petitioners argued that the High Court's order was illegal due to non-joinder of necessary par
India Law Library Docid # 1604117

(374) COMMISSIONER OF CENTRAL EXCISE BELAPUR Vs. JINDAL DRUGS LTD. [SUPREME COURT OF INDIA] 30-04-2024
Central Excise Act, 1944 - Section 35L(1)(b) – qualification as 'manufacture' under the Act - The primary issue is whether the labeling activity constitutes 'manufacture' as per Note 3 to Chapter 18 of the Central Excise Tariff Act, thereby making respondent eligible for cenvat credit and rebate on exported goods - The revenue (petitioner) argued that the additional labeling done by Respondent did not amount to manufacture and hence, they were not entitled to the cenvat credit and rebate claims
India Law Library Docid # 1604118

(375) SWAMI VEDVYASANAND JI MAHARAJ (D) THR LRS. Vs. SHYAM LAL CHAUHAN AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Title Suit - The case involves a title suit regarding property in Bihar, with ‘S1’ as one of the defendants - After his death, two claimants sought substitution in the Second Appeal pending before the Patna High Court - The main issue was determining the legal representative (LR) for substitution in the Second Appeal after Swami ‘S1’s death - The appellant, argued for substitution in place of ‘S2’, whose claim was previously dismissed by the High Court - The respondent, was upheld as the LR by
India Law Library Docid # 1604119

(376) NEW INDIA ASSURANCE COMPANY LTD. THROUGH ITS MANAGER Vs. M/S TATA STEEL LTD. [SUPREME COURT OF INDIA] 30-04-2024
Insurance Act, 1938 - Section 64 UM(2) - Insurance Policy - Dispute regarding an insurance claim settlement after a fire incident - The primary issues revolve around the applicability of the Reinstatement Value Clause in the insurance policy, the correct method of calculating depreciation, and the settlement amount - Appellant contends that the claim was settled correctly by applying a 60% depreciation rate and challenges the NCDRC's order which partly allowed the insured's complaint - Responden
India Law Library Docid # 1604120

(377) PRIYANKA JAISWAL Vs. THE STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Penal Code, 1860 (IPC) - Sections 323, 498A, 504 and 506 - Dowry Prohibition Act, 1961 – Sections 3 and 4 – Jurisdiction - The appellant challenges the High Court's order quashing proceedings against respondents for offences under IPC and Dowry Prohibition Act due to alleged dowry harassment - The appeal raises questions about the correctness of the High Court's order based on non-compliance with Section 41A Cr.P.C., omnibus allegations, and jurisdiction of the Jamshedpur court - The appellant
India Law Library Docid # 1604121

(378) LIFE INSURANCE CORPORATION OF INDIA Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 30-04-2024
Stamp Act, 1899 - Rajasthan Stamp Law (Adaptation) Act, 1952 - Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act - LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharas
India Law Library Docid # 1604122

(379) JASOBANTA SAHU Vs. STATE OF ORISSA [SUPREME COURT OF INDIA] 30-04-2024
Penal Code, 1860 (IPC) - Section 302 – Murder – Property Dispute - The High Court affirmed the conviction, which led to this appeal - The appeal challenges the reliability of eyewitnesses and the recovery of the murder weapon, questioning the appellant's conviction - The appellant claims false implication, questioning the credibility of eyewitnesses and the voluntariness of the extra-judicial confession - The State argues that the conviction is based on correct evidence assessment and that the a
India Law Library Docid # 1604114

(380) SURESH @ UNNI @ VADI SURESH Vs. THE STATE OF KERALA [SUPREME COURT OF INDIA] 30-04-2024
Explosive Substances Act, 1908 - Sections 3(a) and 4(a)(i) - Arms Act, 1958 - Section 27(1) - Penal Code, 1860 (IPC) - Sections 302, 307,143, 147, 148, 324, 326, 427 and 449 read with Section 149 - The case involves who appealed against his conviction under various sections of the IPC and other acts - The incident occurred on March 6, 2006, involving an unlawful assembly, murder, and grievous injuries with deadly weapons - The appeal challenges the High Court's partial allowance of Appellant’s
India Law Library Docid # 1604115