(621) S.P. VELAYUTHAM AND ANOTHER Vs. M/S EMAAR MGF LAND LIMITED [SUPREME COURT OF INDIA] 26-02-2024 Commercial Courts Act, 2015 — Section 2(1)(c) — The case involves a dispute over whether a suit for money recovery should be classified as a commercial suit under the Commercial Courts Act, 2015 — The main issue is whether the suit falls under the definition of a commercial dispute as per Section 2(1)(c) — The petitioners argue that the suit is a simple money recovery suit and should not be classified as a commercial suit — They cite the Gujarat High Court decision in Vasu Healthcare Private Lim India Law Library Docid # 2417293
(622) M/S BRAHMAPUTRA CONCRETE PIPE INDUSTRIES ETC. ETC. Vs. THE ASSAM STATE ELECTRICITY BOARD AND OTHERS [SUPREME COURT OF INDIA] 26-02-2024 Supreme Court Rules, 2013 - Order 48, Rule 2(1) - Curative Petition - The appellants filed a curative petition, a special type of petition seeking to cure a gross miscarriage of justice - The Registrar of the Supreme Court declined to register the curative petition - The Registrar's decision was based on the following - Order 48, Rule 2(1) of the Supreme Court Rules, 2013 - This rule states that a curative petition must specifically mention that the grounds raised were also taken in a review pe India Law Library Docid # 1603958
(623) K. BALASUBRAMANI ETC. Vs. THE TAMIL NADU GOVERNMENT REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT AND OTHERS ETC. [SUPREME COURT OF INDIA] 23-02-2024 Hindu Religious and Charitable Endowments Act, 1959 - Section 78 - Order of Ejectment - The tenants were declared as encroachers under the Hindu Religious and Charitable Endowments Act, 1959, and the High Court ordered them to vacate the premises - The tenants challenged the order in the before this Court - Amicable Resolution - The Supreme Court, with the consent of both parties, disposed of the petitions on mutually agreeable terms, allowing some tenants to occupy the premises for a further pe India Law Library Docid # 1603955
(624) SWAMI GOVERDHAN RANGACHARIJI AND OTHERS Vs. M/S. A.J. PRINTERS [SUPREME COURT OF INDIA] 23-02-2024 Delhi Rent Control Act, 1995 - Ejectment - Landlords and the tenant of a bungalow in Delhi - Dispute is about the ejectment of the tenant from the demised premises - The High Court of Delhi remanded the matter to the Rent Controller for adjudication under the Delhi Rent Control Act, 1995 - The tenant is occupying the demised premises at a monthly rental of Rs.3,328/- since 1972 - Settlement Terms - The parties reached an amicable resolution of the dispute on the following terms The tenant India Law Library Docid # 1603956
The tenant
(625) SHIV JATIA Vs. GIAN CHAND MALICK AND OTHERS [SUPREME COURT OF INDIA] 23-02-2024 Criminal Procedure Code, 1973 (CrPC) - Section 202 - Penal Code, 1860 - Section 120B - Essential Commodities Act, 1955 - Section 13 – Allegation is that the appellants cheated respondent by entering into a fraudulent agreement to sell LPG cylinders and not fulfilling their obligations - The appellants challenged the summoning order passed by the magistrate on the ground that it was issued without complying with Section 202 of the Cr.PC, which requires an inquiry or investigation before issuing India Law Library Docid # 1603957
(626) NARESH KUMAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 22-02-2024 Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Appellant, was convicted under Section 306 IPC for abetting his wife ‘R’ suicide – ‘R’ consumed poison after alleged harassment over dowry demands - The primary issue was whether the appellant's actions constituted abetment to suicide under Section 306 IPC - The appellant argued that there was no evidence of harassment or abetment leading to ‘R's suicide - The State contended that the appellant's guilt was evident due to ‘R’s suicide w India Law Library Docid # 1882342
(627) VIKAS CHANDRA Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 22-02-2024 The captioned appeal is directed against the judgment and order dated 10.10.2017 passed by the High Court of Judicature at Allahabad in Application under Section 482 No.5961 of 2013. As per the impugned order, in invocation of the power under Section 482 of the Code of Criminal Procedure, 1973 (for short the Cr.PC), the High Court quashed the order dated 05.04.2012 passed by the Court of Chief Judicial Magistrate, Shahjahanpur in Criminal Case No.1478 of 2012, summoning the respondent No. 2 here India Law Library Docid # 1882460
(628) NAJRUL SEIKH Vs. DR. SUMIT BANERJEE AND ANOTHER [SUPREME COURT OF INDIA] 22-02-2024 The Appellant before us, a BPL card holder, is the father of Master Irshad, a 13-year-old boy who lost complete vision in his right eye following an allegedly negligent cataract surgery undertaken by the Respondents. The complaint preferred by the Appellant under Section 12 of the Consumer Protection Act, 1986 was allowed by the District Consumer Disputes Redressal Commission (DCDRC) However, the order of the DCDRC was set aside by the West Bengal State Consumer Disputes Redressal Commission (SC India Law Library Docid # 1882477
(629) VENKATARAMAN KRISHNAMURTHY AND ANOTHER Vs. LODHA CROWN BUILDMART PVT. LTD. [SUPREME COURT OF INDIA] 22-02-2024 Consumer Law – Housing - Non-delivery of possession on time - Breach of agreement - The appellants filed a consumer complaint against the respondent-company for failing to deliver possession of an apartment in Mumbai as per the agreement - They sought refund of the amount paid with interest and compensation - The NCDRC dismissed the appellants’ complaint and held that they could either take possession of the apartment or seek refund with forfeiture of earnest money as per the agreement - The NCD India Law Library Docid # 1603942
(630) ANUN DHAWAN AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-02-2024 National Food Security Act, 2013 – Sections 39(2)(d) and 12(2)(h) - Introducing schemes of cash transfer, food coupons or other schemes to the targeted beneficiaries in order to ensure their foodgrains entitlements in such areas and manner –Community Kitchens - The petitioners are social activists who seek directions from the Supreme Court of India to implement Community Kitchens to combat hunger, malnutrition and starvation in the country - Various Schemes by Centre and States - The Union of In India Law Library Docid # 1603946
(631) SMT. VIDYA K. AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 22-02-2024 Service Law – Recruitment – Post of Lecturers - Home Science Department - Government First Grade Colleges in Karnataka - The main issue is whether the notification for filling up 18 posts of lecturers in Home Science is illegal for not providing the subject-wise specialisation within Home Science - The court allowed the appeals and set aside the orders of the High Court and the Tribunal, which had quashed the notification - The court upheld the recruitment process and the appointments made on th India Law Library Docid # 1603947
(632) M/S. DOMCO SMOKELESS FUELS PVT. LTD Vs. STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 22-02-2024 Refund of excess price paid over the notified price in e-auction - The appellant, a coal consumer, seeks refund of excess price paid over the notified price in an e-auction conducted by the respondent, a coal company, for lifting coal consignments - The High Court directed the respondent to refund the excess amount with interest to the appellant, based on the orders of the Supreme Court and the Patna High Court in similar cases - The appellant filed a contempt case against the respondent for non India Law Library Docid # 1603943
(633) LUCKNOW NAGAR NIGAM AND OTHERS S Vs. KOHLI BROTHERS COLOUR LAB PVT. LTD. AND OTHERS S[SUPREME COURT OF INDIA] 22-02-2024 Enemy Property Act, 1968 - UP Municipal Corporation Adhiniyam, 1959 - Sections 506 and 509 - Exemption from payment of property tax - Appeal filed by the Lucknow Nagar Nigam against the judgment of the Allahabad High Court that exempted the respondent from paying property tax on an enemy property -The property is owned by the Raja of Mahmudabad, who migrated to Pakistan in 1947, and is vested in the Custodian of Enemy Property for India under the Enemy Property Act, 1968 - The appellant assessed India Law Library Docid # 1603944
(634) RAVINDRA KUMAR Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 22-02-2024 Service Law – Selection - Cancellation of – Post of Constable - Challenged – Appeal filed by the appellant, who challenged the cancellation of his selection as a constable in Uttar Pradesh Police - The main issue was whether the appellant had suppressed material information regarding his involvement in a criminal case, which he was acquitted of, in the verification form and affidavit submitted by him at the time of selection - This Court allowed the appeal and set aside the cancellation order by India Law Library Docid # 1603945
(635) M. VIJAYAKUMAR Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 21-02-2024 Penal Code, 1860 (IPC) – Sections 306, 342 and 365 – Abetment of Suicide - The appellant was convicted under Section 306 IPC for abetment of suicide, with his conviction for other offences reversed by the High Court - The main issue was whether the appellant's actions constituted abetment of suicide under Section 306 IPC - The appellant argued that there was no evidence of instigation or intention to cause the victim to commit suicide - The State contended that the appellant's actions led to the India Law Library Docid # 1882337
(636) WILLIAM STEPHEN Vs. THE STATE OF TAMIL NADU AND ANOTHER [SUPREME COURT OF INDIA] 21-02-2024 Penal Code, 1860 (IPC) – Sections 361, 364A read with Section 34 - Kidnapping for ransom – The appellants were convicted under Section 364A IPC for kidnapping a child and demanding ransom - The child was rescued, and the appellants were sentenced to life imprisonment - The main issue was whether the ingredients of Section 364A IPC, specifically the threat to cause death or hurt for ransom, were proved beyond reasonable doubt - The appellants argued that there was no evidence of ransom demand or India Law Library Docid # 1882340
(637) RAM NATH Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 21-02-2024 Food Safety and Standards Act, 2006 (FSSA) – Sections 3(zz), 59 and 89 – Penal Code, 1860(IPC) - Sections 272 and 273 - Interplay between the Food Safety and Standards Act, 2006 (FSSA) and the Penal Code (IPC) regarding offences related to food adulteration and safety - The main issue is whether the FSSA overrides the IPC provisions of Sections 272 and 273, which deal with adulteration and sale of noxious food or drink, after the FSSA came into force on 29th July 2010 - The court allowed the app India Law Library Docid # 1603948
(638) RAM SINGH Vs. THE STATE OF U.P. [SUPREME COURT OF INDIA] 21-02-2024 Penal Code, 1860 (IPC) - Sections 301, 302 and 307 – Murder by country made pistol - The prosecution relied on the eyewitnesses, who claimed that Appellant fired at deceased on the instigation of the co-accused ‘L’, but the bullet hit deceased instead - The prosecution also produced the post-mortem report and the seizure memo of the tikli and pellets recovered from the wound of the deceased – Appellant denied the accusation and pleaded that he was falsely implicated due to political rivalry and India Law Library Docid # 1603941
(639) MOHD ABAAD ALI AND ANOTHER Vs. DIRECTORATE OF REVENUE PROSECUTION INTELLIGENCE [SUPREME COURT OF INDIA] 20-02-2024 The present appellant was one of the four accused in a case instituted, inter-alia under Section 135(1)(b) of Customs Act, 1962. He faced trial (S.C. No. 33 of 2009) where he was ultimately acquitted by the Additional Sessions Judge, North, Delhi vide order dated 06.10.2012. Against the order of acquittal, the Directorate of Revenue Intelligence filed an appeal before the High Court on 27.06.2013. That appeal against acquittal filed under Section 378 of CrPC was accompanied by a delay condonatio India Law Library Docid # 1882335
(640) JOSHINE ANTONY Vs. SMT. ASIFA SULTANA AND OTHERS [SUPREME COURT OF INDIA] 20-02-2024 Penal Code, 1860 (IPC) - Sections 420 and 429 - Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 - Sections 4 and 5 – Sample Collection - The appellant, an Honorary Animal Welfare Officer, reported illegal storage of cow meat by the respondents - The case involved the application of the IPC and the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 - The main issue was the legality of the sample collection of meat by the Assistant Director of the Vet India Law Library Docid # 1882459