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(421) RAJINDER KAUR (DECEASED) THROUGH LEGAL HEIR USHA Vs. GURBHAJAN KAUR (DECEASED) THROUGH LRS UPINDER KAUR AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024
Suit for Partition of a jointly owned property — The property was sold to various buyers during the litigation —The main issues are the partition of the property, the rendition of accounts by co-sharers, and the assessment of rent for the portions in possession of certain defendants —The Supreme Court set aside the High Court's judgment, directing the defendants to render accounts and/or contribute rent as assessed by the Trial Court — The Trial Court is directed to expedite the proceedings and
India Law Library Docid # 1604300

(422) PARVINDER SINGH KHURANA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 23-07-2024
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483(3) — Prevention of Money Laundering Act, 2002 — Sections 4 and 44(1)(b) — The Supreme Court has set aside orders of the Delhi High Court that stayed the bail granted to appellant accused in a money laundering case — The court observed that the power to grant an interim stay of an order granting bail can only be exercised in exceptional cases where a strong prima facie case of the existence of grounds for cancellation of bail is made out — Th
India Law Library Docid # 1604293

(423) M/S NAVAYUGA ENGINEERING CO. LTD. Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 23-07-2024
Customs Act, 1962 — Sections 28, 28AB and 125 — When goods are confiscated under Section 125 of the Act, 1962, and later redeemed by paying a fine, the owner of the goods is liable to pay customs duty under Section 28 of the Act — This duty obligation arises only after the option to pay the fine is exercised, and it is a precondition for redemption — The court also held that the interest on delayed payment of duty under Section 28AB of the Act is also applicable in such cases
India Law Library Docid # 1604294

(424) SANTOSH KUMAR @ SANTOSH Vs. THE STATE OF BIHAR [SUPREME COURT OF INDIA] 22-07-2024
Bail — Denial of —Appellant was denied bail by the High Court, which directed the trial to be concluded within a year — He has been in custody since June 24, 2023 — Whether the High Court's direction to conclude the trial within a year was appropriate given the pendency of cases in Bihar — The appellant argued that he has been in custody for a significant period and should be granted bail — The State contended that the appellant was arrested in August 2023 and opposed the bail — The Supreme Cour
India Law Library Docid # 2417167

(425) KAVITA BALOTHIYA AND OTHERS Vs. SANTOSH KUMAR AND ANOTHER [SUPREME COURT OF INDIA] 22-07-2024
Motor Accident Claims — The appellants claimed compensation of Rs. 38,34,000/- for a motor accident — The Fourth Motor Accident Claims Tribunal awarded Rs. 19,55,250/-, and the High Court increased it to Rs. 28,00,375/- but limited the additional compensation to Rs. 4,00,000 —Whether the appellants are entitled to the full compensation amount determined by the court, despite initially claiming a lesser amount — The appellants argued that they should receive the full compensation amount determine
India Law Library Docid # 2417168

(426) RADHEYSHYAM AND OTHERS Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 22-07-2024
Penal Code, 1860 (IPC) — Sections 420 and 406 — The appellants and respondent entered into an Agreement to Sell a property — The respondent paid an advance but the sale was not executed — The respondent filed an FIR alleging cheating and breach of trust — Whether the non-performance of the Agreement to Sell constitutes cheating and breach of trust under Sections 420 and 406 of the IPC — The appellants argued that the FIR does not disclose any criminal offense and is an attempt to pressurize them
India Law Library Docid # 2417169

(427) SHIVENDRA NATH VERMA Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 22-07-2024
In view of Section 19(1) of the Prevention of Corruption Act, 1988, For short, “1988 Act”., we do not think that the trial Court was justified and correct in law in taking cognizance in the absence of sanction by the competent authority.
India Law Library Docid # 2420858

(428) S. TIRUPATHI RAO Vs. M. LINGAMAIAH AND OTHERS[SUPREME COURT OF INDIA] 22-07-2024
Property/Land Dispute — The case involves a complex legal dispute over land known as 'Asman Jahi Paigah,' with multiple parties and decisions by judicial and quasi-judicial authorities — The main issues are whether the High Court's review jurisdiction was correctly exercised and whether the contempt petition was time-barred — The petitioner argued that the review was granted without a hearing, relied on additional documents without rebuttal, and exceeded the review jurisdiction — The respondent
India Law Library Docid # 1604292

(429) KAUSHIK NARSINHBHAI PATEL AND OTHERS Vs. M/S. S.J.R. PRIME CORPORATION PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 22-07-2024
Consumer Law — Housing — Delay in delivery of the possession of the Flats — Formula for calculating compensation — The Supreme Court has modified the formula for calculating compensation for delay in handing over possession of flats in a case involving 46 complainants against a builder — The court found that the National Consumer Disputes Redressal Commission (NCDRC) erred in its calculation by not considering the agreed-upon due date for possession in the construction agreement — The court orde
India Law Library Docid # 1604290

(430) AMIT RANA @ KOKA AND ANOTHER Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 22-07-2024
Penal Code, 1860 (IPC) — Sections 307 and 34 — Attempt to murder — The Supreme Court has ruled that a person convicted under Section 307 of the IPC, cannot be sentenced to more than 10 years of rigorous imprisonment — The Court clarified that the maximum sentence for the offence is "imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine" — The ruling came in an appeal filed by two individuals who were sentenced to 14 years of rigorous impri
India Law Library Docid # 1604291

(431) PERICHI GOUNDER Vs. TAMIL NADU STATE [SUPREME COURT OF INDIA] 19-07-2024
The petitioner is the registered owner of a TATA Tipper Lorry seized by the police in September 2021 — The vehicle has been kept in court custody since then — The main issue is whether the Tipper Lorry should be released to the petitioner despite the ongoing investigation and proceedings under the Mines and Minerals Act, 1957 — The Supreme Court ordered the release of the Tipper Lorry to the petitioner, subject to a bond of 5,00,000 and an undertaking to produce the vehicle before the court when
India Law Library Docid # 2417170

(432) STATE OF ANDHRA PRADESH AND OTHERS Vs. KOPPARLA SANTHI [SUPREME COURT OF INDIA] 19-07-2024
Condonation of Delay — The petitioners sought to challenge the High Court of Andhra Pradesh's order dismissing their Writ Appeal due to a delay of 614 days — Whether the delay in filing the Writ Appeal should be condoned and whether the appeal has merit — Petitioner argues that the delay was due to an omission in claiming the benefit of exclusion of some period as per a previous Supreme Court order — If this period was excluded, there would be no delay —The Supreme Court set aside the High Court
India Law Library Docid # 2417171

(433) KAUSHIK PREMKUMAR MISHRA AND ANOTHER Vs. KANJI RAVARIA @ KANJI AND ANOTHER [SUPREME COURT OF INDIA] 19-07-2024
Contract Act, 1872 — Section 11 — The Supreme Court has ruled that sale deed executed in 1985, which was not registered until 2011 due to a deficiency in stamp duty, is valid and transfers ownership rights — The court held that the doctrine of "bona fide purchaser for value without notice" does not apply in this case, as the subsequent purchaser was aware of the earlier transaction and the property was already in possession of the original purchasers — The court also noted that the failure to re
India Law Library Docid # 1604288

(434) M/S REWA TOLLWAY P. LTD. Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 19-07-2024
Stamp (M.P.) Act, 2002 — Article 33 Clause (C)(c) Schedule 1(A) — Stamp Act, 1899 — Sections 48 and 48(B) — Concession Agreements — The Supreme Court of India has upheld the decision of the Madhya Pradesh High Court, which declared that Concession Agreements under the Build, Operate, and Transfer (BOT) Scheme are leases and are subject to stamp duty — The court rejected the appellants' arguments that the agreements are bonds or licenses and that they should be exempt from stamp duty — The court
India Law Library Docid # 1604289

(435) MOHD. ARBAZ AND OTHERS Vs. STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 18-07-2024
Criminal Procedure Code, 1973 (CrPC) — Section 173 — The primary issue is whether a chargesheet without the FSL/Examiner’s Report in an NDPS case can be termed as an 'incomplete Report' under Section 173 CrP.C — The fairness and efficacy of trials under the NDPS Act, establishment of adequate FSL/Examiner Laboratories, and the creation of a robust mechanism for submission of FSL/Examiner’s Reports — Petitioner's Arguments — Various issues of public importance need to be resolved, including the c
India Law Library Docid # 2417172

(436) SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 18-07-2024
Penal Code, 1860 (IPC) — Sections 489B and 489C — Unlawful Activities (Prevention) Act, 1967 — Section 16 — Smuggling of counterfeit currency notes into India from Nepal — Petitioner had been in custody for over nine years, and only two witnesses had been examined during the trial — The court noted that continued incarceration could not be justified and set bail conditions — The court emphasized that the right to life and personal liberty enshrined in Article 21 of the Constitution of India is o
India Law Library Docid # 1604282

(437) SBI GENERAL INSURANCE CO. LTD. Vs. KRISH SPINNING [SUPREME COURT OF INDIA] 18-07-2024
Arbitration and Conciliation Act, 1996 — Where, under an appointment procedure agreed upon by the parties — Section 11(6) —The Supreme Court has clarified the scope of judicial scrutiny under Section 11(6) of the Act, 1996 — The court held that the court's role in appointing an arbitrator is limited to examining the existence of an arbitration agreement and not to delve into the merits of the dispute or the validity of the agreement — The court further clarified that the issue of whether a claim
India Law Library Docid # 1604283

(438) BIHAR STAFF SELECTION COMMISSION AND ANOTHER Vs. HIMAL KUMARI AND ANOTHER ETC. [SUPREME COURT OF INDIA] 16-07-2024
Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also r
India Law Library Docid # 1604281

(439) THE STATE OF MEGHALAYA Vs. LALRINTLUANGA SAILO AND ANOTHER [SUPREME COURT OF INDIA] 16-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37(1)(b)(ii) — Bail — Mandatory conditions — The Court found that the bail order failed to adhere to the mandatory conditions under Section 37(1)(b)(ii) of the NDPS Act, which requires the court to ensure that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while on bail — The court emphasized that the provisions under Section 37 of the NDPS Act
India Law Library Docid # 1604287

(440) HIMANSHU SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 15-07-2024
In the meantime, there shall be interim stay in all the matters, to the effect that no coercive action including complaint under section 138 of the Negotiable Instruments Act, 1881 shall be entertained on behalf of the Banks/Financial Institutions or Builders/Developers against the home buyers.
India Law Library Docid # 2419676