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(401) SANJU RAJAN NAYAR Vs. JAYARAJ AND ANOTHER [SUPREME COURT OF INDIA] 23-04-2024
Prevention of Corruption Act, 1988 - Section 7(a) - Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence – The appeal challenges the High Court of Karnataka's decision to quash an FIR against respondent for alleged bribery, based on a complaint by the appellant - The main issue is whether the High Court was correct in quashing the FIR, which was based on allegations of bribery and corruption against the respondent - The Supreme Court
India Law Library Docid # 1604101

(402) THAKORE UMEDSING NATHUSING Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 22-04-2024
The appellants being the original accused Nos. 1, 2, 3 and 5 namely Thakore Laxmansing Halsing (hereinafter being referred to as A1), Thakore Pravinsing Rajsing(hereinafter being referred to as A2), Thakore Umedsing Nathusing (hereinafter being referred to as A3), Thakore Khemsing Halsing(hereinafter being referred to as A5) alongwith original accused No.4, namely, Thakore Prabhatsing Kapursing(hereinafter being referred to as A4), were tried in Sessions Case Nos. 107 and 143 of 1990 respectivel
India Law Library Docid # 1882461

(403) SHALINI DHARMANI Vs. THE STATE OF HIMACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 22-04-2024
Central Civil Service (Leave) Rules, 1972 — Rule 43-C — The petitioner, an Assistant Professor, has a son with a rare genetic disorder requiring continuous treatment — She has exhausted her sanctioned leave and seeks Child Care Leave under Rule 43-C of the CCS (Leave) Rules — The main issue is whether the State of Himachal Pradesh should adopt Rule 43-C to grant Child Care Leave to the petitioner — The petitioner argues that the denial of Child Care Leave violates her constitutional rights and t
India Law Library Docid # 2417243

(404) SEEMA GIRIJA LAL AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-04-2024
Rights of Persons with Disabilities Act, 2016 — Section 101(1) — The petitioners, members of "Together We Can," filed a writ petition regarding the implementation of the Act, 2016 —The main issue is the poor implementation of the RPWD Act across various states and union territories, including the lack of appointment of Commissioners, creation of State Funds, and establishment of Special Courts —The petitioners highlighted the non-compliance with the RPWD Act, emphasizing the need for proper impl
India Law Library Docid # 2417244

(405) THE STATE OF WEST BENGAL Vs. GANESH ROY [SUPREME COURT OF INDIA] 22-04-2024
Personal appearance of the Superintendent of Police — The State of West Bengal challenged a High Court order directing the jurisdictional Superintendent of Police to appear in court personally — Whether the High Court's direction for personal appearance of the Superintendent of Police was justified — The State argued that summoning officers frequently is unnecessary and burdensome, as noted in previous judgments — The Supreme Court quashed the High Court's order for personal appearance, emphasiz
India Law Library Docid # 2417245

(406) UNION OF INDIA AND OTHERS Vs. SUDIPTA LAHIRI [SUPREME COURT OF INDIA] 22-04-2024
The Union of India filed a Special Leave Petition against a High Court judgment related to a previous decision involving the same legal principle —Whether the High Court's decision, based on a previous case, should be overturned —The Supreme Court dismissed the petitions, imposed a fine of Rs. 5,00,000 on the petitioners for filing frivolous petitions, and cautioned against such future actions —The High Court's decision was based on a fair submission by the Union of India, and there was no justi
India Law Library Docid # 2417246

(407) KARIMAN Vs. STATE OF CHHATISGARH [SUPREME COURT OF INDIA] 22-04-2024
Penal Code, 1860 (IPC) — Sections 302 and 304 Part II — The appellant was convicted for the murder of his wife in 1999 — He assaulted her with fists and stones, leading to her death —Whether the conviction under Section 302 IPC should be converted to Section 304 Part II IPC — The appellant argued that the incident was a result of a sudden quarrel, and the injury inflicted was not intended to cause death — The State contended that the appellant had both the knowledge and intention to cause death,
India Law Library Docid # 2417247

(408) YASH RAJ FILMS PRIVATE LIMITED Vs. AFREEN FATIMA ZAIDI AND ANOTHER [SUPREME COURT OF INDIA] 22-04-2024
Consumer Protection Act, 1986 – Section Section 2(1)(g) - Deficiency of Service and unfair trade practice - The case involves a consumer dispute regarding a promotional trailer for a film produced by Yash Raj Films Private Limited - The complainant, a teacher, felt deceived when the song from the trailer was not in the movie and sought damages for mental agony - The court considered whether a promotional trailer creates a contractual obligation or amounts to an unfair trade practice if its cont
India Law Library Docid # 1604097

(409) REHAN AHMED (D) THR. LRS. Vs. AKHTAR UN NISA (D) THR. LRS. [SUPREME COURT OF INDIA] 22-04-2024
Civil Procedure Code, 1908 (CPC) – Section 47 - Questions to be determined by the Court executing decree –Property Dispute - Suit for specific performance - A compromise was reached in 1978, and a decree was passed in 1979 - The main issue is the executability of the 1979 decree, challenged by the respondents claiming it to be a nullity and questioning the jurisdiction - The petitioner, as the decree holder, argues that the decree is executable and that the objections under Section 47 CPC by the
India Law Library Docid # 1604098

(410) DOLLY RANI Vs. MANISH KUMAR CHANCHAL [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) — Sections 498A, 420, 506, 509 and 34 —Dowry Prohibition Act, 1961 — Sections 3 and 4 — The petitioner and respondent, both commercial pilots, were engaged and claimed to have solemnized their marriage on 07.07.2021 — They obtained a marriage certificate but lived separately and had disputes, leading to legal actions including an FIR for dowry harassment —The main issue was whether the marriage was valid under Hindu law, given that the requisite ceremonies were not perform
India Law Library Docid # 2417248

(411) DOLY RANI Vs. MANISH KUMAR CHANCHAL [SUPREME COURT OF INDIA] 19-04-2024
Hindu Marriage Act, 1955 - Section 7 - Ceremonies for a Hindu marriage - The petitioner-wife sought to transfer a divorce petition from Bihar to Jharkhand - The couple, both trained pilots, had a marriage certificate but did not perform Hindu marriage rites - The main issue was whether the marriage was valid under Hindu law, as the couple did not perform the requisite ceremonies - The petitioner argued that there was no valid marriage, and thus the divorce petition should not have been filed -
India Law Library Docid # 1604123

(412) JADUNATH SINGH Vs. ARVIND KUMAR AND ANOTHER ETC. [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 147, 148, 302, 149 and 120B – Cancellation of Bail - The complainant's son was allegedly murdered by the accused (along with others) in a property dispute - Five accused were convicted of murder and other charges, with two others acquitted - The High Court granted bail to three accused (‘A’, ‘C’, and ‘R’) considering their long incarceration and bail granted to two co-accused. - The complainant argues against bail, fearing threats from the accused who are "dread
India Law Library Docid # 1604090

(413) PARTEEK BANSAL Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 498A, 406, 384, 420 and 120(B) - The case involves two FIRs filed against the appellant under various sections of the IPC - The first FIR was lodged in Hisar, Haryana, and the second in Udaipur, Rajasthan, with similar allegations by the complainant after two weeks - The primary issue was the legitimacy of the second FIR based on the same set of allegations as the first FIR - The appellant challenged the second FIR, arguing it was an abuse of process and that th
India Law Library Docid # 1604091

(414) RAMAYAN SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Section(s) 147, 148, 149, 323, 504, 506, 427, 394, 411, 302 and 120B - Criminal Law Amendment Act, 2013 - Section 7 – Appeal against Grant of Bail by High Court - The main issue is the appropriateness of the High Court’s decision to grant bail to the accused - The petitioner argues against bail due to the serious nature of the crime, the recovery of the murder weapon, and the influence of the accused over witnesses - The respondents claim they have cooperated with the
India Law Library Docid # 1604092

(415) HANSRAJ Vs. STATE OF M.P. [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 394 read with Section 397 - Voluntarily causing hurt in committing robbery – The appellant was convicted for offences under Sections 394 and 397 of the IPC, sentenced to seven years rigorous imprisonment with a fine, based on the recovery of stolen items and identification by the complainant - The appeal challenges the High Court's dismissal of the appellant's appeal against the trial court's conviction and sentence - The appellant contested the identification o
India Law Library Docid # 1604093

(416) PERNOD RICARD INDIA (P) LTD. Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 19-04-2024
M.P. Excise Act, 1915 - The case involves the applicability of a rule for imposing penalties related to the liquor license period of 2009-10 and whether the old or substituted rule should apply - The main issue is whether the penalty should be based on the rule in place during the violation (2009-10) or the substituted rule from 2011, which reduced the penalty - The appellant argues for the application of the substituted rule, which imposes a lower penalty, as the old rule was repealed - The Sta
India Law Library Docid # 1604094

(417) INSOLVENCY AND BANKRUPTCY BOARD OF INDIA Vs. SATYANARAYAN BANKATLAL MALU AND OTHERS [SUPREME COURT OF INDIA] 19-04-2024
Insolvency and Bankruptcy Code, 2016 - Section 236 - Criminal Procedure Code, 1973 (CrPC) - Sections 190, 193 and 200 – The appeal challenges a High Court judgment regarding a complaint filed by the Insolvency and Bankruptcy Board of India against the Ex-Directors of M/s. SBM Paper Mills Pvt. Ltd. for offences under the Insolvency and Bankruptcy Code, 2016 - The primary issue is whether the Special Court established under Chapter XXVIII of the Companies Act, 2013 has jurisdiction to try offences
India Law Library Docid # 1604095

(418) BABU SAHEBAGOUDA RUDRAGOUDAR AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 143, 147, 148, 506(2) and 302 read with Section 149 – The appellants were convicted for the murder and sentenced to life imprisonment by the High Court, reversing their earlier acquittal by the trial court - The main issue was the reliability of eyewitness testimonies and the admissibility of evidence, such as the FIR and recovery of weapons - The appellants argued that the High Court erred in reversing the acquittal, contending that the eyewitnesses were unreli
India Law Library Docid # 1604096

(419) GOVIND KUMAR SHARMA AND ANOTHER Vs. BANK OF BARODA AND OTHERS [SUPREME COURT OF INDIA] 18-04-2024
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 17 —Appellants purchased a property in an auction conducted by the Bank of Baroda after the borrower defaulted on a loan — The appellants were tenants of the borrower and became owners after the auction — Borrower challenged the auction, claiming the Bank did not follow mandatory notice procedures under the SARFAESI Act — The appellants argued they were bona fide purchasers and had inve
India Law Library Docid # 2417254

(420) THE STATE OF TELANGANA AND OTHERS Vs. MOHD. ABDUL QASIM (DIED) PER LRS. [SUPREME COURT OF INDIA] 18-04-2024
Constitution of India, 1950 - Articles 48A and 51A(g) - Andhra Pradesh Forest Act, 1967 - The case involves the State of Telangana and the dispute over forest land, with varying stands taken by the State instrumentality, leading to an affidavit before the Court - The main issue is the challenge against the order favoring respondents, which set aside concurrent judgments by two lower courts on the appreciation of fact and law - The appellants argue against the jurisdiction and basis of the revie
India Law Library Docid # 1604083