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(521) KISHOR KARMAKAR Vs. STATE OF ODISHA [SUPREME COURT OF INDIA] 01-07-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(c) — The petitioner was charged NDPS Act and has been in custody since May 11, 2022 — The High Court granted him bail for two months due to the delay in trial —The main issue is whether the High Court's decision to grant bail for only two months was appropriate, given the petitioner's right to a speedy trial —The Supreme Court found the High Court's order incorrect, stating that if the right to a speedy trial was infringed,
India Law Library Docid # 2417203

(522) SHARWAN KUMAR YADAV @ SHARWAN YADAV Vs. STATE OF BIHAR [SUPREME COURT OF INDIA] 01-07-2024
Penal Code, 1860 (IPC) — Section 366A — Procuration of minor girl — Bail —The High Court granted bail with the condition that the victim should stand as surety, which the petitioner found impractical and sought modification — The petitioner argued that it was impossible to ask the victim to stand as surety and requested a modification of the bail condition —The Supreme Court stayed the High Court's condition requiring the victim to stand as surety and ordered the petitioner's release on bail, su
India Law Library Docid # 2417204

(523) KASTHURIPANDIAN S Vs. RBL BANK LIMITED [SUPREME COURT OF INDIA] 24-06-2024
Negotiable Instruments Act, 1881 — Section 138— The petitioner sought the transfer of a complaint under Section 138 —The court dismissed the transfer petition, stating that it cannot issue an order of transfer at the instance of the accused —The petitioner can apply for an exemption from personal appearance to the concerned court —The transfer petition was dismissed, and the pending application was disposed of accordingly.
India Law Library Docid # 2417205

(524) ANISH M RAWTHER @ ANEES MOHAMMED RAWTHER Vs. HAFEEZ UR RAHMAN AND OTHERS [SUPREME COURT OF INDIA] 14-06-2024
Civil Procedure Code, 1908 (CPC) — Order 37 Rule 3(6)(b) — Suit for Recovery — The case involves a suit for recovery of Rs. 1,04,16,576/- — The Trial Court directed the appellants/defendants to deposit 50% of the claim — The main issue was whether the suit could proceed in light of the operational moratorium under Section 14 of the IBC — The appellants/defendants argued that due to the moratorium under the IBC, the suit could not proceed —The respondents/plaintiffs requested the Trial Court to
India Law Library Docid # 1604207

(525) GOVERNMENT OF NCT OF DELHI Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 13-06-2024
Water sharing Dispute — Sharing of Yamuna water between the National Capital Territory of Delhi and the States of Haryana and Himachal Pradesh — The court found that the issue is complex and sensitive, and that it lacks the expertise to decide on the matter — Instead, the court directed the Upper Yamuna River Board (UYRB), a body constituted with the agreement of the parties in a 1994 Memorandum of Understanding (MoU), to consider the issue — The UYRB has already directed the State of Delhi to s
India Law Library Docid # 1604208

(526) AMARJEET SINGH DHILLON Vs. STATE NCT OF DELHI [SUPREME COURT OF INDIA] 10-06-2024
Criminal Procedure Code, 1973 (CrPC) — Sections 397 — The main issue is whether a revision under Section 397 is maintainable against a default bail order passed under Section 167(2) Cr.P.C —The petitioner sought exemption from filing a certified copy of the impugned judgment and Official Translation, which was granted —The Court issued a notice returnable on August 23, 2024, and stated that the petitioner shall not be arrested in connection with FIR No. 306, pending further orders.
India Law Library Docid # 2417206

(527) EKTA SINGH Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 10-06-2024
Criminal Procedure Code, 1973 (CrPC) — Section 41A — Notice of appearance before police officer — Petitioner Singh filed a Special Leave Petition against the State of Karnataka & others, challenging an order dated 23-05-2024 from the High Court of Karnataka —The main issue revolves around respondent No. 2's non-compliance with a medical examination required by the Investigating Officer for the case's investigation — Respondent No. 2, argued against the necessity of the medical examination, citi
India Law Library Docid # 1604206

(528) SUPRIYA NAIR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 10-06-2024
Visitation Rights — Appellant-mother is appealing against an order allowing the repatriation of her minor daughter to the United States of America, where her father resides — The Supreme Court granted the father's request for visitation rights during his visit to India from 14.06.2024 to 30.06.2024 — The visitation rights will take place at Kohinoor Continental Hotel, Mumbai, on weekends falling on 15.06.2024 and 16.06.2024; 22.06.2024 and 23.06.2024; and 29.06.2024 and 30.06.2024 — During the v
India Law Library Docid # 1604209

(529) MANISH SISODIA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 04-06-2024
Bail — The Supreme Court has disposed of two petitions filed by Manish Sisodia, challenging an order passed by the High Court of Delhi in Bail Application Nos. 1557 and 1559 of 2024 — The court has granted liberty to Sisodia to move a fresh application for bail in case of change in circumstances or if the trial is protracted and proceeds at a snail's pace in the next three months — The court has clarified that the observations made in the judgment are only for the disposal of the present appeals
India Law Library Docid # 1604210

(530) ANKUR CHAUDHARY Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 28-05-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8 read with Sections 22 and 29 — The petitioner has been in custody for over two years in connection with an FIR under the NDPS Act —The main issue is whether the petitioner should be granted bail, considering the prolonged incarceration and the examination of panch witnesses — The petitioner argued that the panch witnesses did not support the prosecution's case, and the trial court rejected bail based on the pending examination of
India Law Library Docid # 2417207

(531) KRISHNA DAMANI Vs. STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 27-05-2024
Penal Code, 1860 (IPC) — Sections 120B, 406, 403, 408, 409, 420 and 477A — The appellant was charged with multiple offenses under the IPC— A charge-sheet was filed on April 1, 2024, and a supplementary charge-sheet is pending — The Supreme Court granted bail to the appellant, directing that he be produced before the Trial Court within a week — The Trial Court is to set appropriate terms and conditions for bail, with input from the Public Prosecutor — The Court noted that all the offenses are tri
India Law Library Docid # 2417208

(532) ALIFIYA HUSENBHAI KESHARIYA Vs. SIDDIQ ISMAIL SINDHI AND OTHERS [SUPREME COURT OF INDIA] 27-05-2024
Motor Vehicle Act, 1988 - Section 173 - Enhancement of compensation - Indigent person - Appellant, an indigent person, was injured in a motor vehicle accident and filed a claim before the Motor Accident Claims Tribunal (MACT) for Rs. 10 lakhs - The MACT awarded her Rs. 2,41,745 with 9% interest from the date of the claim petition till realization - The appellant then filed an appeal before the High Court of Gujarat seeking enhanced compensation - The High Court dismissed the appeal and denied th
India Law Library Docid # 1604203

(533) UNION OF INDIA Vs. BARAKATHULLAH ETC. [SUPREME COURT OF INDIA] 22-05-2024
Penal Code, 1860 (IPC) – Sections 120(b), 153(A) and 153(AA) - Unlawful Activities (Prevention) Act, 1967 – Sections 13, 17, 18, 18(B), 38 and 39 - The case involves the Popular Front of India (PFI), an extremist Islamic organization accused of spreading extremist ideology, committing terrorist acts, raising funds for terrorism, and recruiting members in Tamil Nadu - The central issue is whether the respondents, accused of serious offenses under the IPC and UAPA, should be granted bail - The Uni
India Law Library Docid # 1604202

(534) BASUDHA CHAKRABORTY AND ANOTHER Vs. NEETA CHAKRABORTY [SUPREME COURT OF INDIA] 20-05-2024
Personal appearance — The petitioners are aggrieved by an order from the Calcutta High Court requiring their personal appearance despite medical issues — The necessity of the petitioners' personal presence in court despite medical conditions and the availability of virtual hearings — The petitioners argued that the medical condition of petitioner no.2 makes it inadvisable for him to travel, and virtual hearings should be considered — The Supreme Court stayed the order requiring personal appearan
India Law Library Docid # 2417209

(535) AMANDEEP SINGH DHALL Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 17-05-2024
Bail — The petitioner filed a bail application (BA No. 2229/2023) which has been heard nearly 40 times by the High Court of Delhi — The main issue is the prolonged delay in deciding the bail application, which has been pending for almost 11 months — The petitioner argues that the delay in deciding the bail application deprives him of his valuable right to liberty — The Supreme Court has requested the High Court to decide the bail application before its summer vacation and disposed of the special
India Law Library Docid # 2417210

(536) SHAJI POULOSE Vs. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Income Tax Act, 1961 — Section 44AB — Chartered Accountants challenged the validity of Clause 6 of Guidelines No.1CA(7)/02/2008 issued by the Institute of Chartered Accountants of India, which limits the number of tax audits a Chartered Accountant can accept in a financial year —Whether the Institute had the competency to impose such restrictions and if these restrictions violate the Chartered Accountants' right to practice any profession under Article 19(1)(g) of the Constitution —Petitioners a
India Law Library Docid # 2417211

(537) GOVERNMENT OF NCT OF DELHI AND ANOTHER Vs. M/S BSK REALTORS LLP AND ANOTHER [SUPREME COURT OF INDIA] 17-05-2024
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(2) — The case involves multiple civil appeals related to land acquisition proceedings initiated under the Land Acquisition Act, 1894 —The main issues include the applicability of res judicata, suppression of material facts, the doctrine of merger, and the rights of subsequent purchasers in land acquisition cases — The appellants argued against the application of res judicata an
India Law Library Docid # 2417212

(538) M/S. HINDUSTAN PETROLEUM CORPORATION LIMITED AND OTHERS Vs. DHARAMNATH SINGH AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Termination of License — The respondent was a dealer for Hindustan Petroleum Corporation Limited (HPCL) — In 2007, HPCL terminated the respondent's license due to alleged irregularities in fuel samples — Whether the termination of the respondent's license by HPCL was lawful and in accordance with the relevant guidelines and regulations — HPCL argued that the respondent violated several clauses of the dealership agreement and that the agency conducting the tests was authorized to do so — The resp
India Law Library Docid # 2417213

(539) SHASHANKA J. SREEDHARA Vs. B.Z. ZAMEER AHMED KHAN [SUPREME COURT OF INDIA] 17-05-2024
Commitments made by a political party in its manifesto — The appellant challenged the commitments made by a political party in its manifesto, claiming they amounted to corrupt practices — Whether commitments in a political party's manifesto that lead to financial help to the public can be considered corrupt practices by a candidate — The Supreme Court dismissed the appeals, stating that the appellant's contention was too far-fetched — The question of law was kept open for future cases —The appea
India Law Library Docid # 2417214

(540) GOVT. OF NCT OF DELHI THROUGH ITS SECRETARY, LAND AND BUILDING DEPARTMENT AND ANOTHER Vs. M/S. K.L. RATHI STEELS LIMITED AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(2) — The case involves review petitions filed by the Delhi Development Authority, the Government of NCT, Delhi, and the Land and Building Department, challenging the High Court's declaration that land acquisition proceedings under the 1894 Act had lapsed under the 2013 Act — The main issue is whether the review petitions are maintainable, given the split verdict by a Division B
India Law Library Docid # 2417215