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(501) DR. JAYA THAKUR AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2024
Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Section 7(1) - Selection Committee - The order discusses applications for stay regarding the selection and appointment of Election Commissioners, challenging the vires of Section 7(1) of the 2023 Act - The main issues are the alteration of the Selection Committee’s composition and the impact on transparent elections, along with procedural irregularities in the selection process - The petitioners argue tha
India Law Library Docid # 1604031

(502) M/S ACME PAPERS LTD. AND OTHERS Vs. M/S. CHINTAMAN DEVELOPERS PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 22-03-2024
Civil Procedure Code, 1908 – Sections 10, 16 and 20 - Suits to be instituted where subject-matter situate - The case involves a dispute over a Memorandum of Understanding (MoU) for the sale of land, with the petitioner seeking to transfer a suit from Sehore, Madhya Pradesh to Calcutta, West Bengal - The primary issue is the appropriate jurisdiction for the suit concerning the MoU and the suit property - The petitioner contends that the MoU was executed in Calcutta and that the validity and enfor
India Law Library Docid # 1604032

(503) THIRUMOORTHY Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 (IPC) - Sections 302, 363,342 and 201 - Juvenile Justice(Care and Protection of Children) Act, 2015 - Sections 2(13) and 6 – The appellant was convicted for various offences including kidnapping, murder, and offences under the POCSO Act - The trial court sentenced him to rigorous imprisonment for different terms - The appeal challenges the High Court’s dismissal of the appellant’s criminal appeal, affirming his conviction and sentences - The key issue is the non-adherence to th
India Law Library Docid # 1604033

(504) AWUNGSHI CHIRMAYO AND ANOTHER Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 (IPC) – Sections 302 and 306 –The case involves the death of a 25-year-old girl from Manipur, found dead in her rented accommodation in Delhi - The cause of death was unclear, with post-mortem reports showing post-mortem injuries but no cause of death - The main issue is the ineffective investigation into the death, initially registered as a suicide and later converted to a murder case - The appellants, cousins of the deceased, seek a thorough investigation by the CBI - The appe
India Law Library Docid # 1604034

(505) RAM MURTI SHARMA Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 22-03-2024
Penal Code, 1860 (IPC) – Section 302 – Grant of Bail - An FIR was registered for the murder of the appellant’s son, and the respondent no.2 was implicated during the investigation - The main issue is the challenge against the High Court’s order granting bail to respondent no.2. - The appellant argued that the High Court failed to consider relevant facts and allowed the bail application without adequate reasoning - Respondent no.2 argued that he was not named in the FIR and had already suffered i
India Law Library Docid # 1604035

(506) BINA BASAK AND OTHERS Vs. SRI BIPUL KANTI BASAK AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
This matter pertains to right to title and possession of a property that was allotted by the Relief and Rehabilitation Department of Government of West Bengal to a family which had come to Siliguri from the then East Pakistan in 1950. Before moving forward with the facts of the case, it is imperative for us to mention that such rehabilitation programmes are introduced by the government with the sole aim of re-establishment of the displaced/ migrant families and not for the benefit of any individ
India Law Library Docid # 1882462

(507) M/S. DIVGI METAL WARES LTD. Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 21-03-2024
Civil Appeal No(S). 2032, 2035 and 2033 These appeals challenge the judgment and order passed by the Division Bench of the High Court of Karnataka, Circuit Bench at Dharwad dated 02.02.2009, vide which the appeal filed by the M/s. Divgi Metal Wares Employees Association, which is respondent No.1 herein, came to be allowed. Similarly, by the said order, the Writ Petition No.31808/2003 filed by Respondent No.1 was also allowed and the Writ Petition No.7993/2006 filed by M/s Divgi Metal Wares Ltd.,
India Law Library Docid # 1882466

(508) PANKAJ SINGH Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 21-03-2024
The Trial Court convicted the appellant-accused for the offences punishable under Sections 342, 376 and 201 of the Indian Penal Code, 1860 (for short, the IPC). The maximum sentence imposed is life imprisonment for the offence punishable under Section 376 of the IPC with a fine of Rs.1,00,00/-. We must note that charges were also framed against the appellant-accused for the offences punishable under Sections 365, 354D(1)(ii) and 506 of the IPC. The Trial Court acquitted the appellant-accused as
India Law Library Docid # 1882480

(509) THE ORISSA STATE FINANCIAL CORPORATION AND ANOTHER Vs. SMT. SUKANTI MOHAPATRA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Having heard learned counsel for the parties at length, we are of the view that the impugned judgment passed by the Division Bench of the High Court, allowing Writ Petition (Civil) nos. 7220/2007 and 8405/2007 filed by respondent nos. 1 and 2 - Sukanti Mohapatra and Prasanta Kumar Mohapatra, is unsustainable, both on facts and in law. The appellant before us - Orissa State Financial Corporation [1] had granted a loan of Rs.3,26,258.78 (Rupees three lakhs twenty six thousand two hundred fifty eig
India Law Library Docid # 1882483

(510) M K RANJITSINH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
The GIB (the scientific name of which is ardeotis nigriceps) is native to southern and western India. It typically occupies grasslands or arid regions. The State of Rajasthan is home to a majority of the current population. With time, the country has seen a rapid and steady decline in the population of the GIB. As of 2018, the International Union for Conservation of Nature, or IUCN as it is popularly known, classified the GIB as a critically endangered species. In IUCNs system of classification,
India Law Library Docid # 1882487

(511) M/S. DIVGI METAL WARES LTD. Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 21-03-2024
Industrial Employment (Standing Orders) Act, 1946 - Section 3, 7 and 10(3) – Transferring of employees between different units of the company - The case involves Appellant Company. and its employees’ association, concerning the legality of transferring employees between different units of the company - The main issue is whether the company’s Standing Orders, allowing transfers anywhere within India, are valid under the Industrial Employment (Standing Orders) Act, 1946 - The company argues that t
India Law Library Docid # 1604023

(512) RAGHUNATHA AND ANOTHER Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 21-03-2024
Penal Code, 1860 (IPC) - Sections 302 and Section 304 Part-I – Murder – Acquital - The prosecution’s case is based on circumstantial evidence, including the last seen theory, motive, and recovery of the weapon - The appeal challenges the High Court’s judgment which modified the appellants’ conviction from Section 302 to Section 304 Part-I of IPC and sentenced them to 10 years of imprisonment - The appellants argue that the prosecution failed to prove the incriminating circumstances and that the
India Law Library Docid # 1604024

(513) SAREE SANSAR Vs. GOVT. OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Central Sales Tax Act, 1956 - Sections 14 and 15 - Delhi Sales Tax Act, 1975 - Section 4(1) - The Government of Delhi changed the sales tax rate on silk fabric multiple times, leading to an assessment order demanding Rs. 4,22,095/- from Appellant for the period between 15th January 2000 and 31st March 2000 – Validity of - The main issue was whether the Delhi Government could levy a 12% sales tax on silk sarees, which are consi
India Law Library Docid # 1604025

(514) NOBLE M. PAIKADA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 21-03-2024
Environment (Protection) Act, 1986 – 3(2)(v)(1) - Environment (Protection) Rules, 1986 – Rule 5(3)(d) - Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguard - The appeals challenge the judgment and order of the National Green Tribunal (NGT) regarding environmental clearance (EC) notifications for certain projects - The main issue is the validity of the ex
India Law Library Docid # 1604026

(515) NENAVATH BUJJI ETC. Vs. THE STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 - Section 3(2) - Power to make o
India Law Library Docid # 1604027

(516) UNION OF INDIA Vs. M/S INDIAN OIL CORPORATION LTD. [SUPREME COURT OF INDIA] 21-03-2024
Railways Act, 1989 - Section 106 - Notice of claim for compensation and refund of overcharge.- The case involves freight charges for consignments booked by Indian Oil Corporation Ltd. (IOCL) from Baad to Hisar route, where the chargeable distance was revised from 444 km to 334 km. - The main issue is whether the case pertains to ‘overcharge’ or ‘illegal charge’ under Section 106 of the Railways Act, 1989, and the applicability of notice requirements for claiming refunds - Union of India argues t
India Law Library Docid # 1604028

(517) VADDI LAKSHMI Vs. STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 20-03-2024
Penal Code, 1860 (IPC) — Sections 384, 394, 376D and 411 read with 34 — extortion — The detenu was arrested for extortion and sexual assault — He was released on default bail but was later detained under the Telangana Prevention of Dangerous Activities Act, 1986 —Whether the detention order under the 1986 Act was justified given the nature of the offences —The petitioner argued that the offences were solitary instances and did not justify preventive detention —The respondents contended that the
India Law Library Docid # 2417274

(518) VOLUNTARY ARUNACHAL SENAA Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 20-03-2024
Nepotism — The petitioner alleged that certain contracts awarded by the State of Arunachal Pradesh were faulty and given to relatives of the then Chief Minister — The main issue was whether the contracts awarded were improper and influenced by nepotism — The petitioner argued that the contracts were awarded to near relatives of the Chief Minister, which was improper — The respondents contended that the allegations were baseless and not supported by the High Court — The Supreme Court decided not
India Law Library Docid # 2417275

(519) M/S. BISCO LIMITED Vs. COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE [SUPREME COURT OF INDIA] 20-03-2024
Customs Act, 1962 - Sections 15(1)(C) and 130E - Appeal to Supreme Court – The appeal stemmed from a final order issued by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that dismissed the appellant's appeal - The appellant had imported second-hand steel mill machinery and parts under the Project Import Facility covered by Chapter Heading No. 98.01 of the Customs Tariff Act, 1975 - During the proceedings, the appellant presented documents to support their case, which led to the
India Law Library Docid # 1604018

(520) A.M. MOHAN Vs. THE STATE REPRESENTED BY SHO AND ANOTHER [SUPREME COURT OF INDIA] 20-03-2024
Criminal Procedure Code, 1973 – Section 482 -Penal Code, 1860 (IPC) – Section 420 read with 34 – Cheating – Quashing of FIR - The case involves financial transactions between the complainant and the accused, leading to allegations of fraud and cheating under Section 420 read with 34 of the IPC - The appeal challenges the High Court’s rejection of a petition to quash the FIR registered for the alleged offences - The appellant contends that the FIR and charge-sheet do not establish the offence of
India Law Library Docid # 1604019