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(541) PRITI AGARWALLA AND OTHERS Vs. THE STATE OF GNCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 4(2) - The Olympic Riding and Equestrian Academy (OREA) is facing disputes over allegations of caste-based discrimination and other complaints filed against trainees and administrators - The main issue is whether the complaints filed under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, were substantiated and whether FIRs should be registered - The appellants argued that the complaint
India Law Library Docid # 1604189

(542) RAVIKUMAR DHANSUKHLAL MAHETA AND ANOTHER Vs. HIGH COURT OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Gujarat State Judicial Service Rules, 2005 - Rule 5(1) - Two judicial officers challenged the promotion process for Civil Judges (Senior Division) to the post of Additional District Judge, arguing that the High Court of Gujarat incorrectly applied the principle of 'Merit-cum-Seniority' instead of 'Seniority-cum-Merit' as stipulated by the Gujarat State Judicial Service Rules, 2005 - The main issue was whether the promotion process adhered to the principle and if the final Select List was in cont
India Law Library Docid # 1604190

(543) SUNITA DEVI Vs. THE STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 17-05-2024
Rule for Video Conferencing for Courts, 2020 - Rule 6 - The case involves appeals against the order of the Patna High Court which directed a de novo trial and made observations against the Special Judge's approach in conducting the trial - The appeals raise questions regarding the legality of the High Court's order, the conduct of the trial by the Special Judge, and the application of video conferencing rules in court proceedings - The appellant challenges the High Court's order of remittal and
India Law Library Docid # 1604191

(544) NATIONAL INVESTIGATION AGENCY NEW DELHI Vs. OWAIS AMIN @ CHERRY AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Jammu and Kashmir State Ranbir Penal Code SVT., 1989 - Sections 306 and 411 - Unlawful Activities (Prevention) Act, 1967 - Section 39 – The case involves charges against respondents for attempting to ambush a CRPF convoy with explosives - The Special Judge, NIA, took cognizance for some offences but not others due to procedural issues - The appeal challenges the High Court's judgment on the cognizance of charges under various sections of the RPC, 1989, and UAPA, 1967, particularly focusing on th
India Law Library Docid # 1604192

(545) TAMIL NADU MEDICAL SERVICES CORPORATION LIMITED Vs. TAMIL NADU MEDICAL SERVICES CORPORATION EMPLOYEES WELFARE UNION AND ANOTHER [SUPREME COURT OF INDIA] 17-05-2024
Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981- Dispute over the permanent status of certain workmen - The Court considered whether the Act, 1981 applies to the parties and if the suggestion to institute an ‘Industrial Disputes Claim’ was sustainable - The Corporation argued that the Act and the Tamil Nadu Shops and Establishments Act, 1947 do not apply to them, and that certain activities, like construction, exempt them from the Act - The Union argued
India Law Library Docid # 1604193

(546) RAJESH KUMAR Vs. ANAND KUMAR AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Agreement to sell – Suit for Specific performance - The appellant entered into a sale agreement with respondent 4, a Power of Attorney, for respondents 2 to 11 - The sale was to be completed by a certain date, which was extended multiple times - However, the land was sold to respondents 1 to 3, who were also Power of Attorney holders - The main issue was whether the sale agreement was valid and the appellant had the right to specific performance of the contract - The appellant argued that the ag
India Law Library Docid # 1604194

(547) BIJAY KUMAR MANISH KUMAR HUF Vs. ASHWIN BHANULAL DESAI [SUPREME COURT OF INDIA] 17-05-2024
West Bengal Tenancy Act, 1997 - Transfer of Property Act, 1882 - Landlord-tenant dispute - The dispute revolves around four tenancies and the non-payment of rent leading to lease forfeiture - The West Bengal Tenancy Act, 1997, or the Transfer of Property Act, 1882, are the primary issues - The landlord, the landlord, argues that the lease was forfeited due to non-payment and insists on market rates - The tenant, the tenant, argues that the lease has not been legally determined and therefore, occ
India Law Library Docid # 1604195

(548) BANO SAIYED PARWAZ Vs. CHIEF CONTROLLING REVENUE AUTHORITY AND INSPECTOR GENERAL OF REGISTRATION AND CONTROLLER OF STAMPS AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Maharashtra Stamp Act, 1958 – Sections Section 47(c)(1) and 47(c)(5) and 48 - Bombay Stamp Rules, 1939 - Rules 21 and 22A – Refund of stamp duty paid for an un-executed conveyance deed - The property in question was later found to have been sold to a third party by the vendor, and the conveyance deed was not lodged for registration - The appellant filed an online application for refund of the stamp duty paid, but her application was rejected by the respondents on the grounds that it was beyond t
India Law Library Docid # 1604196

(549) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. Vs. M/S JSW STEEL LTD. AND ANOTHER [SUPREME COURT OF INDIA] 17-05-2024
Electricity Act, 2003 - Sections 62(3) and 111 – Levy of reliability charge - Maharashtra State Electricity Distribution Co. Ltd. imposed a reliability charge for uninterrupted power supply, which was challenged by JSW Steel Ltd - The appellant argued that non-participation in the public hearing by JSW Steel Ltd. amounted to consent to pay the charge - JSW Steel Ltd. argued that they were already paying a higher tariff and should not be subjected to the charge - The Tribunal set aside the Commis
India Law Library Docid # 1604197

(550) THE EMPLOYEES STATE INSURANCE CORPORATION LTD. Vs. NAGAR NIGAM ALLAHABAD AND ANOTHER [SUPREME COURT OF INDIA] 17-05-2024
Employees' State Insurance Act, 1948 - Sections 75(1)(g) and 90- Matters to be decided by Employees' Insurance Court - The Supreme Court of India allowed an appeal by the Employees' State Insurance Corporation (ESIC) against a High Court order that quashed a recovery notice issued by ESIC to the Nagar Nigam Allahabad - The court held that the High Court should not have entertained the writ petition and should have directed the Nagar Nigam to approach the Insurance Court under Section 75(1)(g) of
India Law Library Docid # 1604198

(551) M/S SUNDEW PROPERTIES LIMITED Vs. TELANGANA STATE ELECTRICITY REGULATORY COMMISSION AND ANOTHER [SUPREME COURT OF INDIA] 17-05-2024
Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013 - Special Economic Zones Act, 2005 - Sections 3 and 4 - Electricity Act – Section 14(b) - Whether a Special Economic Zone (SEZ) developer, deemed to be a distribution licensee under the Electricity Act, is required to make an application for a distribution license and comply with the conditions set out in the Electricity Rules and Regulations. - The appeal challenges the Appellate Tribunal for Electricity's
India Law Library Docid # 1604199

(552) CHIEF SECRETARY GOVERNMENT OF ODISHA Vs. BHARAT PROCESS AND MECHANICAL ENGINEERS LIMITED (IN LIQUIDATION) AND OTHERS [SUPREME COURT OF INDIA] 17-05-2024
Bird and Company Limited (Acquisition and Transfer of Undertaking and Other Properties) Act, 1980 – Sections 3 and 7 - Renewal of mining leases granted to Bird and Company Limited, which were later vested in Bharat Process & Mechanical Engineers Limited (BPMEL) after nationalization. BPMEL, in liquidation, and its subsidiary OMDC are central to the case - The dispute revolves around the renewal of three expired mining leases: Kolha-Roida, Thakurani, and Dalki - TGP Equity Management Private Limi
India Law Library Docid # 1604200

(553) AJWAR AND OTHERS Vs. WASEEM AND ANOTHER [SUPREME COURT OF INDIA] 17-05-2024
Criminal Law – Double Murder - The case involves multiple criminal appeals against bail granted by the Allahabad High Court to accused in a double murder - The main issue is whether the High Court was justified in granting bail to the accused considering the seriousness of the offence and the stage of the trial -The appellant-complainant argued that the accused have a history of criminal activity, were the aggressors in the incident, and there is a risk of them tampering with witnesses - The acc
India Law Library Docid # 1604201

(554) DELHI DEVELOPMENT AUTHORITY Vs. TEJPAL 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 land acquisition process for Delhi's development, under the 1894 Act, has been challenged due to non-payment of compensation or non-taking of possession — The court interprets Section 24(2) of the 2013 Act to determine if land acquisition proceedings have lapsed — The appellants argue for condonation of delay in filing appeals, suppression of facts by landowners, and su
India Law Library Docid # 1604211

(555) TARSEM Vs. DHARMA AND OTHERS [SUPREME COURT OF INDIA] 16-05-2024
Mohammedan Law — Will — The case involves the execution of a Will by late ‘H’, governed by Mohammedan Law — The Will favored three sons, excluding the fourth, — The Trial Court decreed the suit, which was modified by the First Appellate Court, and later restored by the High Court —The main issues include the right of Muslim women to claim equality in succession, the extent to which a testator can execute a Will under Mohammedan Law, and the consent required from legal heirs —The Court noted the
India Law Library Docid # 2417216

(556) AJAY AJIT PETER KERKAR Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER [SUPREME COURT OF INDIA] 16-05-2024
Prevention of Money Laundering Act, 2002 — Section 4 — The appellant was arrested under Section 4 and has been in custody for 3½ years without the trial starting —Whether the appellant is entitled to bail given the delay in the trial —The Supreme Court granted bail to the appellant, directing that he be released on 27th May 2024, as he has completed half of the prescribed sentence and the trial has not commenced —The Court noted that the delay in the trial was not caused by the appellant and the
India Law Library Docid # 2417217

(557) SUBODH SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 16-05-2024
Railways Act, 1989 — Section 20F(2) —Compensation for acquiring Land — The appellant sought additional compensation for land acquired by the respondents, arguing that the compensation was insufficient and delayed — Whether the appellant is entitled to additional compensation for the delay in payment and if the respondents' actions were arbitrary — The appellant argued that the respondents adopted a "pick and choose" policy, paying different compensation amounts for similar cases — The respondent
India Law Library Docid # 2417218

(558) TARSEM LAL Vs. DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE [SUPREME COURT OF INDIA] 16-05-2024
Prevention of Money Laundering Act, 2002 - Sections 4, 19 and 44 (1)(b) – The appellant, accused of complaints under Section 44(1)(b) of the Act, was denied anticipatory bail - They were not arrested post-ECIR registration until the Special Court took cognizance under the PMLA - The appellants argue that the power to arrest should not be exercised post-cognizance, and if an accused appears after summons, there's no reason for arrest or custody - They also contend that provisions of the CrPC appl
India Law Library Docid # 1604178

(559) DANI WOOLTEX CORPORATION AND OTHERS Vs. SHEIL PROPERTIES PVT. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 16-05-2024
Arbitration and Conciliation Act, 1996 – Section 32(2)(c) - Termination of proceedings - The dispute revolves around the legality and validity of the termination of arbitral proceedings under Section 32(2)(c) of the Act, 1996, involving a development agreement and a memorandum of understanding between Appellants and Respondent - The Appellant argued that the Respondent abandoned the claim by not taking steps for eight years and failing to attend meetings, justifying the termination - The Respond
India Law Library Docid # 1604179

(560) LEHNA SINGH (D) BY LRS. Vs. GURNAM SINGH (D) BY LRS. AND OTHERS [SUPREME COURT OF INDIA] 16-05-2024
Punjab Courts Act, 1918 - Section 41 – Second Appeals – Civil Procedure Code, 1908 (CPC) – Section 100 - The case revolves around the scope of Section 100 of the CPC and Section 41 of the Punjab Courts Act, specifically regarding the High Court's power to re-appreciate evidence in second appeals - The petitioner argues that the High Court's judgment was within its powers under Section 41 of the Punjab Act, and the Will in question was invalid due to suspicious circumstances - The respondent argu
India Law Library Docid # 1604180