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(581) THE DIVISIONAL FOREST OFFICER, MUNNAR, KERALA AND ANOTHER Vs. P.J. ANTONY, ETC. [SUPREME COURT OF INDIA] 14-05-2024
Kerala Forest Act, 1961 - Sections 61A(2) and 69 – The case revolves around the confiscation of sandalwood trees from the lands of respondents who claimed ownership and sought to auction them under a government scheme - The Forest Department argued that the sandalwood may have been illegally collected and there was no evidence to support the claimants' ownership - Respondents argued they had complied with all legal requirements and informed Revenue officials about the trees - The Supreme Court f
India Law Library Docid # 1604166

(582) BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. Vs. SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS. [SUPREME COURT OF INDIA] 14-05-2024
Civil Procedure Code, 1908 (CPC) – Section 144 - Application for restitution - The case revolves around the restitution of a judgment debtor following an appellate court's variation of a decree - The original decree was executed by selling the debtor's property, which was later purchased by the decree holders - The appellant argues that the auction purchaser is not entitled to equity and cannot be equated with a bona fide purchaser for value without notice - The respondents argue that the appell
India Law Library Docid # 1604167

(583) BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SINGH MALIK AND OTHERS Vs. D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANOTHER [SUPREME COURT OF INDIA] 14-05-2024
Consumer Protection Act, 1986/2019 - The case revolves around whether a complaint alleging "deficiency in service" against advocates would be maintainable under the Act - The primary issue is whether the service of an advocate falls within the definition of "service" under the Consumer Protection Act, thus bringing advocates within its purview - The petitioners argue that the legal profession is not a business or trade but a noble profession integral to the justice system, requiring autonomy to
India Law Library Docid # 1604168

(584) DHARNIDHAR MISHRA (D) AND ANOTHER Vs. STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 13-05-2024
Constitution of India, 1950 — Article 300-A — The appellant's land was acquired in 1977 for a state highway, but no compensation was paid — The appellant repeatedly requested compensation, leading to a writ petition in 2019, which was dismissed due to delay —Whether the High Court erred in dismissing the writ petition on the grounds of delay and whether the compensation amount was just and fair —Petitioner argues that the State failed to pass an award for compensation despite acquiring the land
India Law Library Docid # 2417223

(585) CHIEF ENGINEER (NH) PWD (ROADS) Vs. M/S. BSC & C AND C JV [SUPREME COURT OF INDIA] 13-05-2024
Arbitration and Conciliation Act, 1996 — Section 29A — The case involves a dispute between the Chief Engineer (NH) PWD (Roads) and M/S BSC & C and C JV, arising from a judgment by the High Court of Meghalaya —The main issue is the application of Section 29A of the Act, 1996, regarding the time limit for making an arbitral award —The Supreme Court dismissed the Special Leave Petition, finding no merit in the arguments presented by the petitioner —The Court emphasized that the power to extend the
India Law Library Docid # 2417224

(586) SHENTO VARGHESE Vs. JULFIKAR HUSEN AND OTHERS [SUPREME COURT OF INDIA] 13-05-2024
Criminal Procedure Code, 1973 (CrPC) – Section 102(3) - Power of police officer to seize certain property - Legal position regarding the reporting obligation of police officers under Section 102(3) of the CrPC - The court has ruled that the validity of a seizure order is not dependent on compliance with the reporting obligation under Section 102(3) of the CrPC - The court defined the term "forthwith" as "as soon as possible, judged in the context of the object sought to be achieved or accomplish
India Law Library Docid # 1604163

(587) M/S. EMBIO LIMITED Vs. DIRECTOR GENERAL OF FOREIGN TRADE AND OTHERS [SUPREME COURT OF INDIA] 13-05-2024
Foreign Trade (Development and Regulation) Act, 1992 - Section 11(2) – Withdrawal of a Writ Petition without reserving any liberty to re-agitate the same issue does not necessarily bar the filing of a fresh Writ Petition by the same party, if the liberty to file a fresh petition has been expressly granted by the Court.

B. Foreign Trade (Development and Regulation) Act, 1992 - Section 11(2) - Non-fulfillment of export obligation under a license granted under the Foreign Trade (Development and
India Law Library Docid # 1604164

(588) ARVIND KEJRIWAL Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 10-05-2024
Prevention of Money Laundering Act, 2002 - Section 19 – Arvind Kejriwal, the appellant, is challenging his arrest by the Directorate of Enforcement on 21.03.2024, which was upheld by the trial court and the High Court of Delhi - The case involves legal pleas concerning the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002 - The Court is considering granting interim bail to Kejriwal due to the ongoing 18th Lok Sabha General Elections and the importance of his parti
India Law Library Docid # 1604158

(589) MRUGENDRA INDRAVADAN MEHTA AND OTHERS Vs. AHMEDABAD MUNICIPAL CORPORATION [SUPREME COURT OF INDIA] 10-05-2024
Gujarat Town Planning and Urban Development Act, 1976 – Section 65, 68, 84 and 85 - The case involves appeals against a High Court judgment concerning compensation for land under the Town Planning Scheme in Ahmedabad - The main issues revolve around the allotment of land, compensation for reduced plot size, and the maintainability of the suit - The plaintiffs argued for compensation due to the reduced size of the allotted plot and the Corporation's failure to deliver possession of the original p
India Law Library Docid # 1604159

(590) STATE OF ORISSA Vs. SANTI KUMAR MITRA AND ANOTHER [SUPREME COURT OF INDIA] 10-05-2024
Bihar and Orissa Government Estates Manual, 1919 - Clause 20 - The case involved a lease agreement for a property that had expired, and the lessee's legal heirs sought to renew the lease - The State of Orissa contested the renewal, citing various breaches of the lease agreement - The court found that the lessee's legal heirs had failed to comply with the terms and conditions of the lease agreement and the manual - The court also noted that the lessee's legal heirs had not applied for renewal wit
India Law Library Docid # 1604160

(591) SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD Vs. RAGHACHAND ASSOCIATES [SUPREME COURT OF INDIA] 10-05-2024
Consumer Protection Act, 1986 - Sections 2 (1) (d) and Section 2(1)(m) – The appellant challenged the National Consumer Disputes Redressal Commission's order regarding the non-refund of a chit fund subscription - The complainant filed a complaint after the appellant stopped the chit business, arguing that the service was for a commercial purpose, which would exclude them from the Consumer Protection Act, 1986 - The appellant argued that the respondent did not qualify as a 'consumer' because the
India Law Library Docid # 1604161

(592) UNION OF INDIA Vs. MRITYUNJAY KUMAR SINGH @ MRITYUNJAY @ SONU SINGH [SUPREME COURT OF INDIA] 10-05-2024
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 452, 302, 353 and 379 - Arms Act, 1959 - Section 27 - Criminal Law (Amendment) Act, 2013 - Sections 17(i) and 17(ii) Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 17 and 18 – The Union of India is appealing against a High Court order that granted bail to a respondent linked to a terrorist attack by CPI (Maoist), resulting in the death of four police personnel and the looting of arms and ammunition - The Union argues that the respon
India Law Library Docid # 1604162

(593) ALI HOSSAIN MANDAL AND OTHERS Vs. WEST BENGAL BOARD OF PRIMARY EDUCATION AND OTHERS [SUPREME COURT OF INDIA] 09-05-2024
West Bengal Primary School Teachers Recruitment Rules, 2016 — The dispute originated from a 2020 notification by the West Bengal Board of Primary Education to fill 16,500 primary school teacher vacancies — Issues arose regarding the merit list and appointment process — The main issues were the validity of the merit list, the appointment process, and whether the remaining vacancies should be filled from the expired list or a new recruitment cycle — The petitioners argued that the merit list shoul
India Law Library Docid # 2417225

(594) MUNICIPAL COMMITTEE KATRA AND OTHERS Vs. ASHWANI KUMAR [SUPREME COURT OF INDIA] 09-05-2024
Transportation Contract - The case revolves around a dispute over a contract for transportation services to the Mata Vaishno Devi shrine - The respondent, the highest bidder, failed to comply with the tender's financial conditions, leading to a civil dispute over monetary relief - The Municipal Committee, Katra, argued that the respondent's failure to comply led to a delay in contract execution and that the High Court should not have entertained the claim for damages - The respondent claimed tha
India Law Library Docid # 1604157

(595) RAJENDRA BHAGWANJI UMRANIYA Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 09-05-2024
Criminal Procedure Code, 1973 (CrPC) – Section 357 - Penal Code, 1860 (IPC) - Sections 147, 148, 149, 427, 323, 325, 506(2) and 384 - The Supreme Court held that the power to award compensation to victims under Section 357 of the Code of Criminal Procedure (CrPC) is separate and distinct from the sentence imposed on the accused - The court cannot reduce the sentence in lieu of compensation - The compensation awarded is solely for the purpose of rehabilitating the victim and has no bearing on
India Law Library Docid # 1604165

(596) MAHENDRA KAUR ARORA Vs. HDFC BANK LTD. [SUPREME COURT OF INDIA] 08-05-2024
Termination of Lease — The appellant-landlady leased commercial premises to HDFC Bank, which terminated the lease but continued occupying the premises beyond the notice period without paying rent — Whether the appellant-landlady is entitled to arrears of rent and whether the respondent-Bank's counterclaim for the security deposit with interest is valid — The appellant argued that the Bank did not hand over possession timely and did not pay the due rent, thus the security deposit refund obligatio
India Law Library Docid # 2417226

(597) SHEIKH NOORUL HASSAN Vs. NAHAKPAM INDRAJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 08-05-2024
Representation of Peoples Act, 1951 - Sections 81(1), 100(1)(d)(i)(ii) and 100(1)(d)(i)(iv) –Civil Procedure Code, 1908 - Order 8 Rule 97 – Grant of leave to file a replication in answer to new facts asserted in the written statement filed by the returned candidate – The Supreme Court of India recently addressed an appeal against an order passed by the Manipur High Court, which granted leave to the election petitioner to file a replication in response to new facts in the returned candidate's wri
India Law Library Docid # 1604149

(598) UNION OF INDIA AND OTHERS Vs. SANTOSH KUMAR TIWARI [SUPREME COURT OF INDIA] 08-05-2024
Central Reserve Police Force Act, 1949 - Section 11(1) – Central Reserve Police Force Rules, 1955 - Rule 27 - Compulsory Retirement – Head Constable in the CRPF was compulsorily retired after being charged with assaulting a colleague - His departmental appeal was dismissed - The High Court of Orissa affirmed the Single Judge's decision to set aside the compulsory retirement, stating it wasn't a prescribed punishment under the CRPF Act - The appellants challenged the High Court's decision, arguin
India Law Library Docid # 1604150

(599) SELVAMANI Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 08-05-2024
Penal Code, 1860 (IPC) - Sections 376(2)(g) and 506(1) - Tamil Nadu Prevention of Women Harassment Act, 1998 - Section 4 – Gang Rape – The victim's testimony, along with her mother and aunt's statements, was consistent with the initial complaint and corroborated by medical evidence - The defense argued that the long gap between the victim's examination-in-chief and cross-examination led to inconsistencies in the witnesses' testimonies - Whether the long gap between the victim's examination-in-ch
India Law Library Docid # 1604151

(600) VIJAY LAXMAN BHAWE SINCE DECEASED THROUGH HIS LEGAL HEIRS Vs. P & S NIRMAN PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 08-05-2024
Limitation Act, 1963 – Section 5 - Condonation of delay - The court emphasized that the reasons given for condoning the delay in filing an application for restoration of a suit must constitute "sufficient cause" as per the law. The court's decision highlights the importance of having valid and compelling reasons for condoning delay in legal proceedings.

B. Dismissal of Civil Suit - Condonation of delay - The appeal challenges a High Court judgment regarding the dismissal of a civil suit for wa
India Law Library Docid # 1604152