(441) M/S. SUN PHARMACEUTICAL INDUSTRIES LTD. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant's admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant's claim that it was only India Law Library Docid # 1604270
(442) SHAILENDRA KUMAR SRIVASTAVA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 15-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 321 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 307 and 302 — Withdrawal of prosecution — The Supreme Court has set aside the withdrawal of prosecution of an accused in a double murder case, who was elected as a Member of Legislative Assembly (MLA) in Uttar Pradesh — The court observed that political power should not be leveraged to secure the withdrawal of prosecution of an accused person named in the charge sheet after thorough investigatio India Law Library Docid # 1604271
(443) AMRO DEVI AND OTHERS Vs. JULFI RAM (DECEASED) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Civil Procedure Code, 1908 (CPC) — Order 23 Rule Rule 3 — Transfer of Property Act, 1882 — Section 52 — Doctrine of lis pendens — Dispute over land ownership between the appellants and the respondents — The case involved a dispute over land ownership between the appellants (tenants) and the respondents (landowners) — The respondents filed a suit in 1979, which was initially dismissed by the Trial Court but later decreed in their favor by the first Appellate Court — During the appeal, the appella India Law Library Docid # 1604272
(444) BABA NATARAJAN PRASAD Vs. M. REVATHI [SUPREME COURT OF INDIA] 15-07-2024 Penal Code, 1860 (IPC) — Section 494 — Bigamy — The appellant accused his wife (first accused) of committing bigamy by marrying the second accused while their marriage was still valid — The trial court convicted the first and second accused, but the High Court later acquitted them — Whether the High Court was right in not restoring the sentence imposed by the trial court and whether the sentence was too lenient — The Supreme Court modified the sentence to six months of simple imprisonment and re India Law Library Docid # 1604273
(445) STATE OF PUNJAB AND OTHERS Vs. M/S PUNJAB SPINTEX LTD. [SUPREME COURT OF INDIA] 15-07-2024 Punjab Agricultural Produce Markets Act, 1961 — Section 23 — Punjab Rural Development Act, 1987 — Section 5 — Exemption from Market fees under the 2003 Industrial Policy of Punjab does not include exemption from Rural Development fees — The court held that the two fees are distinct and collected under two different statutes with different purposes — The court also noted that the 2003 Policy does not specifically exempt Rural Development fees, and therefore, any assumption that the exemption from India Law Library Docid # 1604274
(446) M/S OMSAIRAM STEELS & ALLOYS PVT. LTD. Vs. DIRECTOR OF MINES AND GEOLOGY, BBSR AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company's appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error. India Law Library Docid # 1604275
(447) BALASAHEB KESHAWRAO BHAPKAR AND OTHERS Vs. SECURITIES AND EXCHANGE BOARD OF INDIA [SUPREME COURT OF INDIA] 15-07-2024 Companies Act, 1956 — Section 209A — Securities Exchange Board of India Act, 1992 — Section 11AA — Illegal mobilization of funds — Auction and refund process of assets of companies involved in illegal mobilization of funds — The Supreme Court constituted a High-Powered Sale Committee (HPSC) to auction the immovable assets of ‘S’, which were attached by the SEBI for illegal mobilization of funds — The HPSC, chaired by a former Supreme Court judge, will identify the number of investors, determine India Law Library Docid # 1604276
(448) STATE OF UTTAR PRADESH AND ANOTHER Vs. VIRENDRA BAHADUR KATHERIA AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Uttar Pradesh Subordinate Educational (Sub Deputy Inspector of Schools) Service Rules, 1992 — Grant of higher pay scales to Sub-Deputy Inspectors of Schools (SDI)/Assistant Basic Shiksha Adhikaris (ABSA) and Deputy Basic Shiksha Adhikaris (DBSA) in Uttar Pradesh — The court found that the High Court's judgment was based on a misunderstanding of a previous Supreme Court order — The court approved a 2011 government order that granted the revised pay scales to the officials, but clarified that the India Law Library Docid # 1604277
(449) DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Constitution of India, 1950 — Article 341 — Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 — The Supreme Court has quashed the Bihar government's 2015 resolution that sought to merge the "Tanti-Tantwa" caste with the "Pan-Sawasi" caste in the Scheduled Castes list — The court ruled that the state government had no authority or power to alter the list of Scheduled Castes notified under Article 341 of the Constitut India Law Library Docid # 1604278
(450) RAM PRAKASH CHADHA Vs. THE STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 15-07-2024 Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge — The appellant, had filed an application under Section 227 of the Cr.PC seeking discharge in a case related to the custodial death of cashier/accountant — The court found that there was no sufficient ground for proceeding against the appellant based on the record of the case and the documents submitted therewith — The court clarified that its observations were made only in relation to the appellant and not the other accused in the c India Law Library Docid # 1604279
(451) KIRAN JYOT MAINI Vs. ANISH PRAMOD PATEL [SUPREME COURT OF INDIA] 15-07-2024 Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Dissolution of Marriage — Irretrievable breakdown — Parties having been living separately for nine years — The Supreme Court has dissolved the marriage between appellant and respondent, citing irretrievable breakdown of the marriage — The court ordered the respondent-husband to pay a one-time settlement of Rs. 2 Crores to the appellant-wife to cover all her maintenance expenses and necessary re India Law Library Docid # 1604280
(452) P. RAVINDRANATH AND ANOTHER Vs. SASIKALA AND OTHERS [SUPREME COURT OF INDIA] 15-07-2024 Agreement to Sell — Dispute over an agreement to sell — In 1981, the appellants agreed to sell property to the respondents for Rs.29,000, but government restrictions delayed the sale — The appellants later sold to other buyers, prompting the respondents to sue for specific performance — The trial court and High Court ruled in favor of the respondents — The appellants appealed to the Supreme Court, which agreed that the respondents had not proven readiness and willingness to perform the contract India Law Library Docid # 1604286
(453) ASHOK DAGA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 12-07-2024 Criminal Procedure Code, 1973 (CrPC) —Section 294 — The petitioner challenged the final judgment and order dated 12-03-2024 in CC No.10/2019 by the Special Judge (PC Act) (CBI), New Delhi — The main issue was whether calling upon the accused to admit or deny the genuineness of documents under Section 294 of Cr.P.C. was prejudicial to the accused's rights — The petitioner argued that the impugned order was prejudicial and compelled the accused to be a witness against himself, violating Article 20 India Law Library Docid # 2417173
(454) ARVIND KEJRIWAL Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 12-07-2024 Prevention of Money Laundering Act, 2002 — Section 19 — Interim bail — Whether the "need and necessity to arrest" is a separate ground to challenge the order of arrest passed under Section 19(1) of the Act (PMLA) to a larger bench — The court also questioned whether the "need and necessity to arrest" refers to the satisfaction of formal parameters to arrest and take a person into custody or if it relates to other personal grounds and reasons regarding the necessity to arrest a person in the fact India Law Library Docid # 1604262
(455) NIKHIL Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 11-07-2024 Penal Code, 1860 (IPC) — Sections 409 and 201 — The appellant was convicted by the Trial Court for misappropriation and sentenced to four years six months rigorous imprisonment, and directed to pay Rs. 2.86 crores as compensation — The main issue was whether the High Court's condition to deposit 50% of the compensation for suspension of sentence was justified — The appellant argued that the condition to deposit 50% of the compensation would frustrate his right to appeal —The State argued that th India Law Library Docid # 2417174
(456) MD. RAHIM ALI @ ABDUR RAHIM Vs. THE STATE OF ASSAM AND OTHERS[SUPREME COURT OF INDIA] 11-07-2024 Foreigners Act, 1946 — Section 9 — Burden of proof — A person who is suspected of being a foreigner and whose case is referred to a Foreigners Tribunal (FT) under the Foreigners Act, 1946, must be given an opportunity to prove that they are not a foreigner — The burden of proof is initially on the state to establish a prima facie case that the person is a foreigner — If the state succeeds in doing so, the burden of proof shifts to the person to prove that they are an Indian citizen — The court m India Law Library Docid # 1604261
(457) M/S. NEW WIN EXPORT AND ANOTHER Vs. A. SUBRAMANIAM [SUPREME COURT OF INDIA] 11-07-2024 Negotiable Instruments Act, 1881 — Sections 138 and 147 — Criminal Procedure Code, 1973 (CrPC) — Section 320(5) — The appellants and the respondent-complainant had entered into a settlement agreement dated 27.01.2024, wherein the appellants paid Rs.5,25,000 to the respondent-complainant, who agreed to settle the matter — The court observed that the settlement agreement can be treated as compounding of the offence under Section 147 of the Act, 1881 — The court further emphasized the importance of India Law Library Docid # 1604285
(458) STATE OF ANDHRA PRADESH Vs. BMW INDIA PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024 Consumer Law — Defective Car — The complainant purchased a BMW 7 series vehicle in 2009, which had defects — A complaint was lodged, leading to a criminal proceeding —Whether the High Court was justified in quashing the criminal proceedings and directing the manufacturer to replace the defective vehicle —The complainant and the State of Andhra Pradesh challenged the High Court's order —The manufacturer was willing to comply with the High Court's order to replace the vehicle —The Supreme Court di India Law Library Docid # 2417197
(459) THE STATE OF WEST BENGAL Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 10-07-2024 Constitution of India, 1950 — Article 131 — Delhi Special Police Establishment Act, 1946 — Section 6 — The State of West Bengal filed a suit against the Union of India, challenging the Central Bureau of Investigation (CBI)'s authority to register cases in West Bengal after withdrawing consent under Section 6 of the DSPE Act — The main issue is the maintainability of the suit, which focuses on whether the CBI can continue to register and investigate cases without the state's consent — The State India Law Library Docid # 1604252
(460) YOGESH GOYANKA Vs. GOVIND AND OTHERS [SUPREME COURT OF INDIA] 10-07-2024 Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) — Transfer of Property Act, 1882 — Section 52 — The appeal concerns the impleadment of a transferee pendente lite, who purchased land during ongoing litigation, despite being aware of it — Whether the transferee can be impleaded in the underlying suit, given the doctrine of lis pendens — The appellant argues for impleadment to protect his interests, alleging possible collusion between the original parties — The respondents contend that the ap India Law Library Docid # 1604253