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(421) KIRPAL SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 18-04-2024
Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt - Appellant, was convicted for murder and attempted murder, with the motive being jealousy over the deceased's successful business - The appeal challenges the High Court's affirmation of the trial court's conviction, questioning the reliability of witnesses and the investigation's integrity - The defence argued contradictions in witness testimonies, questioned the alleged motive, and highlighted the improbability of
India Law Library Docid # 1604084

(422) THE STATE OF WEST BENGAL Vs. JAYEETA DAS [SUPREME COURT OF INDIA] 18-04-2024
National Investigation Agency Act, 2008 – Section 22(3) - Penal Code, 1860 - Sections 121A, 122, 123, 124A and 120B - Unlawful Activities (Prevention) Act, 1967 - Sections 16, 18, 18B, 20, 38, 39 and 43D - The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues - The main issue is whether the City Sessions Court had jurisdiction to add UAPA offences and extend detention beyond 90 days - Th
India Law Library Docid # 1604085

(423) MRINMOY MAITY Vs. CHHANDA KOLEY AND OTHERS [SUPREME COURT OF INDIA] 18-04-2024
LPG Distributorship – The case involves a dispute over the grant of LPG distributorship, where both the appellant and respondent No.1 were eligible candidates - The appellant was selected through a draw of lots and was later allowed to construct on alternate land offered - The primary issue was whether the writ court was justified in entertaining the writ petition filed by respondent No.1, challenging the approval granted to the appellant for starting the LPG distributorship - The appellant argu
India Law Library Docid # 1604086

(424) THE STATE OF MADHYA PRADESH Vs. SATISH JAIN (DEAD) BY LRS AND OTHERS [SUPREME COURT OF INDIA] 18-04-2024
Civil Procedure Code, 1908 - Section 96 - Appeal from original decree - The State of Madhya Pradesh appealed against the High Court's order which set aside the Trial Court's decision and directed to implement the Arbitrator's award regarding a land dispute involving adverse possession claims and subsequent agreements for land allotment - The core issue revolves around the validity of the agreement and the Arbitrator's award, given that the original ex-parte decree in favor of the plaintiff was s
India Law Library Docid # 1604087

(425) MUKHTAR ZAIDI Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 18-04-2024
Penal Code, 1860 (IPC) - 147, 342, 323, 307 and 506 - Criminal Procedure Code, 1973 (CrPC) - Section 173(2) , 190 (1)(b) and 200 – Protest Petition - Appellant appeals against the Allahabad High Court order which dismissed his application to quash the summoning order under various IPC sections - The appeal challenges the correctness of the High Court's order and the procedure followed by the CJM in taking cognizance of the case as a State case instead of a private complaint - The appellant argue
India Law Library Docid # 1604088

(426) THE STATE OF ARUNACHAL PRADESH AND OTHERS Vs. KAMAL AGARWAL AND OTHERS ETC. [SUPREME COURT OF INDIA] 18-04-2024
Penal Code, 1860 (IPC) – Sections 420,120B and 34 - Territorial jurisdiction for the FIR - The case involves a dispute over a financial transaction for a land/building purchase in Jaipur, Rajasthan, with no written agreement on the transaction's purpose - The FIR was lodged in Arunachal Pradesh, leading to legal proceedings against several accused - The primary issues were the territorial jurisdiction for the FIR and whether the matter was a civil dispute or criminal fraud - The petitioner argue
India Law Library Docid # 1604089

(427) SHAMIM KHAN Vs. DEBASHISH CHAKRABARTY AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
Criminal Procedure Code, 1973 (CrPC) — Section 156(3) —The main issue is whether a Magistrate takes 'cognizance' while directing an investigation under Section 156(3) of the CrPC — The Court decided to tag the current matters with those already referred to a larger Bench, as the issue is already under consideration in the case Manju Surana vs. Sunil Arora & Ors. — The Registry is directed to place these matters before the Chief Justice of India for appropriate orders.
India Law Library Docid # 2417255

(428) ARCADIA SHIPPING LTD. Vs. TATA STEEL LIMITED AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
Jurisdiction — Letter of Credit — Discrepancies — Bhushan Steel supplied galvanized steel sheets to TYO Trading in Ethiopia —The goods were shipped by appellant but payment was not received due to discrepancies in the Letter of Credit —The main issue was whether the Delhi High Court had territorial jurisdiction to adjudicate the dispute involving appellant, whose business was based in Mumbai — Appellant argued that their involvement was limited to shipping the goods from Mumbai to Djibouti and t
India Law Library Docid # 2417256

(429) ANJUMOL V.A. AND OTHERS Vs. KERALA PUBLIC SERVICE COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
SLP — Flagged documents — The case involves a Special Leave Petition (SLP) filed by Anjumol V.A. & Ors. against the Kerala Public Service Commission & Ors., arising from a judgment by the High Court of Kerala — The court is experiencing practical difficulties with the submission of paper books, including missing orders, incomplete service rules, and improperly flagged documents —The court directed the Secretary General and Registry Officers to prepare a standard operating procedure to address th
India Law Library Docid # 2417257

(430) ASSOCIATION OF ENGINEERS AND OTHERS ETC. Vs. THE STATE OF TAMIL NADU AND OTHERS ETC. [SUPREME COURT OF INDIA] 16-04-2024
Service Law - Appointment of Technical Assistants as Assistant Engineers in the PWD, Tamil Nadu, based on service and qualifications - The main issue is whether Technical Assistants can be appointed as Assistant Engineers without being in the feeder category and without rule amendments - The appellants argue that appointments are illegal without rule amendments and violate the right to equality and efficiency in administration - The respondents contend that executive instructions can fill gaps i
India Law Library Docid # 1604079

(431) DHARAMBIR @ DHARMA Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 16-04-2024
Penal Code, 1860 (IPC) – Section 302 – Murder – Appellant was convicted for the murder - The conviction was based on the testimonies of ‘K’ (PW-5) and ‘R’ (PW-8) - The reliability of the star prosecution witnesses and the validity of the extra judicial confession were in question - The appellant's counsel challenged the credibility of the prosecution's witnesses and the alleged extra judicial confession - The State argued that the testimonies of the witnesses were natural and trustworthy, and t
India Law Library Docid # 1604080

(432) SANDEEP KUMAR Vs. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
Service Law – Termination - Termination from the Post of Registrar of GB Pant Institute of Engineering and Technology - The main issue was whether the appellant's termination was justified and whether the High Court was correct in dismissing the writ petition based on non-disclosure of the minutes of a meeting referred to in the termination letter - The appellant argued that the non-disclosure of the meeting minutes was not intentional or malafide and that the minutes actually supported his case
India Law Library Docid # 1604081

(433) RAMVIR @ SAKET SINGH Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 16-04-2024
Penal Code, 1860 (IPC) - Sections 302 and 30 - The main issues revolve around the reliability of eyewitnesses, the explanation for injuries to two members of the accused's side, and whether the prosecution witnesses were the aggressors - The appellant contends that the prosecution's case is fabricated, highlighting the lack of explanation and asserting that the complainant party members were the aggressors - The State opposes the appeal
India Law Library Docid # 1604082

(434) MD ANAS CHAUDHARY Vs. REGISTRAR-GENERAL HIGH COURT OF JUDICATURE AT ALLAHABAD [SUPREME COURT OF INDIA] 15-04-2024
Allahabad High Court Rules, 1952 — Rule 3-A of Chapter XXIV — The case involves a petition challenging the High Court of Judicature at Allahabad's directions regarding e-filing at e-Sewa Kendras in District Courts of Uttar Pradesh — The main issue is the High Court's directive to enable e-filing and e-affidavit facilities at e-Sewa Kendras and the subsequent suspension of these directions — The petitioner argues against the suspension of the e-filing directives, emphasizing the need for citizen-
India Law Library Docid # 2417258

(435) NAULAK KHAMSUANTHANG AND OTHERS Vs. ELECTION COMMISSION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-04-2024
Election Law — Petition seeking arrangements for internally displaced persons (IDPs) from Manipur to vote in the 2024 General Elections — Whether the Election Commission of India (ECI) should set up special polling booths for IDPs outside Manipur — The petitioners argued for similar arrangements as those made for Kashmiri migrants, allowing IDPs to vote outside Manipur — The ECI argued that it was too late to make such arrangements and highlighted the logistical challenges — The Court dismissed
India Law Library Docid # 2417259

(436) LEELAWATI DEVI AND ANOTHER Vs. DISTRICT COOPERATIVE BANK LTD. [SUPREME COURT OF INDIA] 15-04-2024
Consumer Law — FDR’s — The appellants deposited Rs. 1,60,000/- in Fixed Deposit Receipts (FDRs) with the District Cooperative Bank Ltd., which they were not allowed to withdraw — The District Consumer Forum ruled in favor of the appellants, but the National Consumer Dispute Redressal Commission (NCDRC) reversed this decision — Whether the FDRs were fraudulently obtained and if the bank is liable for the actions of its employees — The appellants argued that they had indeed deposited the money, as
India Law Library Docid # 2417260

(437) WG CDR A U TAYYABA (RETD) AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-04-2024
Service Law — Pensionary Benefits — The case involves women Short Service Commissioned Officers (SSCOs) seeking pensionary benefits after being released from service at the end of the fourteenth year — The main issue is the correct interpretation of the Supreme Court's directions regarding the computation of pension and related benefits — The Court directed that the pensionary payments be computed based on the salary at the deemed completion of twenty years, including notional increments, and cl
India Law Library Docid # 2417261

(438) MEHER FATIMA HUSSAIN Vs. JAMIA MILIA ISLAMIA AND OTHERS [SUPREME COURT OF INDIA] 15-04-2024
Service Law – Selection Process - Appellants were appointed at Jamia Milia Islamia University after a regular selection process - Their positions were to be merged into the regular establishment as per UGC's approval - The main issue was whether the appellants' appointments should be regularized after the merger of their posts with the regular establishment of the university - The appellants argued that their appointments were made through a proper selection process and met UGC qualifications, t
India Law Library Docid # 1604078

(439) DELHI METRO RAIL CORPORATION LTD. Vs. DELHI AIRPORT METRO EXPRESS PVT. LTD. [SUPREME COURT OF INDIA] 10-04-2024
Arbitration and Conciliation Act 1996 - Sections 34 and 37 - The dispute involves Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) regarding the operation and maintenance of the Airport Metro Express Line (AMEL) - The core issue is the validity of DAMEPL's termination of the Concession Agreement due to alleged defects not cured by DMRC within the stipulated cure period - DMRC argues that it took effective steps to cure the defects and that DAMEPL's terminati
India Law Library Docid # 1604068

(440) BHUPATBHAI BACHUBHAI CHAVDA AND ANOTHER Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 10-04-2024
Penal Code, 1860 (IPC) - Section 302, read with 34 – Murder – The appellants, a father and son, were accused of assaulting deceased with pipes and sticks, leading to his death - They were acquitted by the Sessions Court but convicted by the High Court on appeal by the State of Gujarat - The main issue was whether the High Court was correct in overturning the acquittal and convicting the appellants based on the evidence presented - The appellants argued that the High Court wrongly placed the burd
India Law Library Docid # 1604069