(541) PERIYASAMY Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 18-03-2024 Penal Code, 1860 (IPC) – Sections 109, 302 and 307 – Murder – Appeal against conviction - The case involves the death of two persons, allegedly stabbed by A-1 at the instigation of A-2 - A quarrel at a wine shop led to the fatal incident - The appeals challenge the judgments of the Trial Court and High Court, questioning the involvement of A-2 and the reliability of witnesses - A-1 claimed self-defense and questioned the credibility of “interested” witnesses - A-2 denied presence at the crime s India Law Library Docid # 1604008
(542) NAVAS @ MULANAVAS Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 18-03-2024 Penal Code, 1860 (IPC) - Sections 302 and IPC – Murder – Conviction and Sentence - Modification of Sentence - The appeal concerns a judgment from the Kerala High Court involving a death sentence reference and criminal appeal arising from a trial court’s decision in a murder case - The appellant challenged the conviction and sentencing for the murder of four individuals, questioning the sufficiency of circumstantial evidence and the appropriateness of the sentence - The appellant argued for acqui India Law Library Docid # 1604009
(543) UNION OF INDIA, MINISTRY OF LAW AND JUSTICE Vs. JUSTICE (RETD) RAJ RAHUL GARG (RAJ RANI JAIN) AND OTHERS [SUPREME COURT OF INDIA] 15-03-2024 The first respondent was appointed as a Judicial Magistrate in the State of Haryana on 11 May 1981. She was appointed as an Additional District Judge on 26 August 1997 and later, as a District Judge on 19 July 2010. In December 2013, she fied was recommended for appointment as a Judge of the High Court. Sometime before her appointment as a Judge of the High Court, she retired as a District Judge on 31 July 2014. On 25 September 2014, the first respondent assumed office as a Judge of the Punjab a India Law Library Docid # 1882463
(544) M/S GLOBAL TECHNOLOGIES AND RESEARCH Vs. PRINCIPAL COMMISSIONER OF CUSTOMS, NEW DELHI (IMPORT) [SUPREME COURT OF INDIA] 15-03-2024 Customs Act, 1962 - Section 129A - Appeals process to the Appellate Tribunal - The appellant contested a CESTAT judgment regarding the valuation of imported camera stabilizer devices - The dispute involved the declared value of goods under a Bill of Entry dated 16th February 2018 - The main issues were the timeliness of the review order by the Committee of Commissioners and the correctness of the CESTAT’s decision, which was based on the comparison of the imported goods with similar or identica India Law Library Docid # 1603999
(545) RAKESH RANJAN SHRIVASTAVA Vs. THE STATE OF JHARKHAND AND ANOTHER [SUPREME COURT OF INDIA] 15-03-2024 Negotiable Instruments Act, 1881 – Section 143A - Power to direct interim compensation - Applicability of Section 143A, which pertains to interim compensation in cheque dishonour incidents - The court examines whether Section 143A is directory or mandatory and the factors to consider while exercising powers under it - The appellant contends that the provision is discretionary, not mandatory, and that the court must consider the merits of the case before ordering interim compensation - The respon India Law Library Docid # 1604000
(546) JAFAR Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 15-03-2024 Penal Code, 1860 (IPC) – Sections 397 read with 395 - Dacoity - The appeal challenges the judgment of the High Court and trial court, questioning the identification of the appellant and the admissibility of evidence - The appellant’s counsel argued that the conviction was based on no evidence, making the appeal worthy of allowance - The State’s counsel contended that the concurrent findings of guilt by both courts should not be interfered with – This Court found the identification of the appell India Law Library Docid # 1604001
(547) SUSELA PADMAVATHY AMMA Vs. M/S BHARTI AIRTEL LIMITED [SUPREME COURT OF INDIA] 15-03-2024 Negotiable Instruments Act, 1881 - Sections 138 and 142 - Appellant, is a director of Fibtel Telecom Solutions, which owes Rs. 2,55,08,309 to Bharti Airtel Limited for telecom services - Five post-dated cheques were issued by Fibtel Telecom Solutions to Bharti Airtel, which were later returned unpaid - The main issue is whether the appellant, as a director not involved in day-to-day affairs and not a signatory to the cheques, can be held liable under Sections 138 and 142 of the Negotiable Instru India Law Library Docid # 1604002
(548) ASSOCIATION OF DEMOCRATIC REFORMS AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-03-2024 Electoral Bond Scheme - The Election Commission of India (ECI) filed an application seeking further directions to comply with the Court’s order to upload certain data on its website - The ECI did not retain a copy of the data, which was submitted to the Court in sealed custody, and now requires the data to fulfill the Court’s directive - The Court directed the Registrar (Judicial) to digitize the data and return the originals to the ECI to enable the uploading of documents - The Court referenced India Law Library Docid # 1604003
(549) UNION OF INDIA, MINISTRY OF LAW AND JUSTICE Vs. JUSTICE (RETD) RAJ RAHUL GARG (RAJ RANI JAIN) AND OTHERS [SUPREME COURT OF INDIA] 15-03-2024 High Court Judges (Salaries and Conditions of Service) Act 1954 - Section 2(1)(g), 14 and 15 – Salaries of the Judges - Computation of pensionary benefits - The case involves the computation of pensionary benefits for Justice (Retd) Raj Rahul Garg, who served as a Judicial Magistrate, Additional District Judge, District Judge, and later as a Judge of the Punjab and Haryana High Court - The main issue is whether the service period as a High Court Judge should be blended with the district judicia India Law Library Docid # 1604010
(550) SAMAJ PARIVARTANA SAMUDAYA AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 14-03-2024 The present applications relate to mining activities being undertaken in Districts - Bellary, Chitradurga and Tumkur in Karnataka. In 2009, the petitioner - Samaj Parivartana Samudaya had filed a writ petition praying for this Courts intervention on grounds of the illegality of such mining activities and consequent harm caused to the environment. This Court intervened and has passed several directions and orders. To avoid prolixity, we will not be referring to the catena of orders passed by this India Law Library Docid # 1882465
(551) SRIKANT UPADHYAY AND OTHERS Vs. STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 14-03-2024 Prevention of Witch (Daain) Practices Act, 1999 – Sections 3 and 4 - Penal Code, 1860 (IPC) - Sections 341, 323, 354, 354 (B), 379, 504, 506 and 149 – Prohibition of the branding and accusation of someone as a witch - Anticipatory bail – The central issue revolves around whether anticipatory bail should be granted in this specific case - The petitioner seeks anticipatory bail, emphasizing that they are not an absconder or proclaimed offender - They argue that the allegations lack substantial evi India Law Library Docid # 1603997
(552) BABAN BALAJI MORE (DEAD) BY LRS. AND OTHERS Vs. BABAJI HARI SHELAR (DEAD) BY LRS. AND OTHERS [SUPREME COURT OF INDIA] 14-03-2024 Maharashtra Hereditary Offices Act, 1874 Sections 5, 11, 11A and 77- Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32 - Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 - The dispute centers around Watan property and tenancy rights following the death of the original Watandar, ‘B’ - The applicability of the Tenancy Act to Watan lands - The rights of tenants in such lands - The impact of the Abolition Act on Watan lands and tenancy - The petitioner likely argued for t India Law Library Docid # 1603998
(553) SRI PUBI LOMBI Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 13-03-2024 Election Law - The main issue is whether the transfer order, influenced by a UO Note from an MLA, is valid without allegations of malafide exercise of power - The petitioner contends that judicial review of transfer orders is limited and should not be interfered with unless there’s a statutory violation or malafide action - The respondent argues that the transfer is a result of arbitrary power exercise, not in public interest or service exigency - The Court reasons that transfers are an administ India Law Library Docid # 1603996
(554) THE STATE OF GUJARAT AND ANOTHER Vs. PARESH NATHALAL CHAUHAN [SUPREME COURT OF INDIA] 12-03-2024 We are called upon to expunge a portion from the interim order of the High Court and dispose of the appeal as it is represented to us that the respondent is not interested in initiating proceedings against the officers in the present matter. We have accepted the request and hereby dispose of the appeal. The portion sought to be expunged is the observation of the High Court that the good faith clause in Section 157 of the GST Act[1], may not be available to the officers of the State as their cond India Law Library Docid # 1882489
(555) AJAY KUMAR YADAV Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-03-2024 Penal Code, 1860 (IPC) — Section 34, 302, 330, 331, 218 and 120B — Custodial Death — The appellant reported his brother's death in police custody on February 12, 2021 — Nineteen police officials were implicated, and a chargesheet was filed against them — The main issue is the legality of the High Court's order granting bail to one of the police constables accused of the custodial death — The appellant argued that the accused constable had a significant role in the alleged offences and should not India Law Library Docid # 2417279
(556) NARESH KUMAR AND ANOTHER Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 12-03-2024 Penal Code, 1860 (IPC) - Sections 406, 420 and 506 – Cheating - Quashing of FIR - The dispute is over a contract for bicycle assembly, with the appellants accused of criminal breach of trust and cheating for allegedly underpaying the respondent - A settlement was reached where the appellants paid an additional amount, which the respondent claims was coerced – High Court refused to quash the criminal complaint India Law Library Docid # 1603992
(557) DABLU KUJUR Vs. THE STATE OF JHARKHAND [SUPREME COURT OF INDIA] 12-03-2024 Criminal Procedure Code, 1973 – Section 173(2) – Requirements for chargesheets submitted by police officers - The key issue revolves around the completeness and compliance with legal requirements of the chargesheet filed against him - The Supreme Court highlights the importance of Section 173(2) of the Criminal Procedure Code (Cr.P.C.) which mandates the content and format of a police report (chargesheet) India Law Library Docid # 1603994
(558) MAHANADI COALFIELDS LTD. Vs. BRAJRAJNAGAR COAL MINES WORKERS’ UNION [SUPREME COURT OF INDIA] 12-03-2024 Service Law - Regularization – Backwages - The case involves Appellant, which had a contract for coal transportation from 1984 to 1994 - The contractor employed workers, whose permanent status was sought by the respondent union based on the National Coal Wage Agreement-IV clauses - Settlement & Tribunal 0 A settlement in 1997 regularized 19 workers, but left out 13 - The dispute was referred to the Industrial Tribunal, which ruled in favor of regularizing the remaining 13 workers, finding their India Law Library Docid # 1603995
(559) THE EXECUTIVE ENGINEER, KNNL Vs. SUBHASHCHANDRA AND OTHERS [SUPREME COURT OF INDIA] 12-03-2024 Land Acquisition Act, 1894 - Sections 4 and 6 – Notification - Enhancement of compensation - The case involves multiple civil appeals challenging the enhanced compensation for land acquired by the Karnataka Neeravari Nigam Limited (KNNL) for various projects in Karnataka - The appeals question the judgments passed by the High Court of Karnataka, which granted increased compensation amounts for the acquired land - KNNL argues that the High Court did not analyze cases independently or consider th India Law Library Docid # 1604011
(560) DEVU G NAIR Vs. THE STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 11-03-2024 The appellant and the corpus (X for convenience of reference) are both female According to the appellant, they were in an intimate relationship. The petition seeking a writ of habeas corpus was instituted on the ground that the X was being forcibly kept by her parents in their custody whereas she wished to remain with the appellant. On 13 January 2023, at the stage of admission, the Kerala High Court ordered the Secretary of the jurisdictional District Legal Services Authority[1] to visit the fo India Law Library Docid # 1882479