(641) GAYATRI BALASAMY Vs. M/S ISG NOVASOFT TECHNOLOGIES LIMITED [SUPREME COURT OF INDIA] 20-02-2024 Arbitration and Conciliation Act, 1996 — Sections 34 and 37 —The primary issue is whether courts have the power under sections 34 or 37 to modify an arbitral award — The court dismissed I.A. No.42914/2024 for direction and extended the compliance time by three weeks — The court also referred several questions regarding the modification of arbitral awards to a larger bench for authoritative pronouncement — The court noted conflicting decisions on whether courts can modify arbitral awards and emp India Law Library Docid # 2417294
(642) GYAN PRAKASH Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 20-02-2024 Control of National Highways (Land and Traffic) Act, 2002 — Sections 3, 24 and 26 — The main issue is the non-implementation of the provisions of the 2002 Act, particularly regarding unauthorized occupation of highway land and the lack of a grievance redressal mechanism —The petitioner argued that there is no effective machinery to survey highways for unauthorized occupation and no mechanism for citizens to lodge complaints —The court directed the Highway Administrations to create a scheme for r India Law Library Docid # 2417295
(643) RAMJI LAL JAT Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 20-02-2024 Rajasthan Police Subordinate Service Rules, 1989 — Rule 24(4) — The appellant, an ex-serviceman, applied for the post of Police Constable in Rajasthan but was disqualified due to having more than two children after 01.06.2002, as per the Rajasthan Various Service (Amendment) Rules, 2001 — Whether the disqualification based on having more than two children is valid and whether it should apply to the appellant — The appellant argued that similar rules for ex-servicemen do not have this condition a India Law Library Docid # 2417296
(644) STATE OF HIMACHAL PRADESH AND OTHERS Vs. ABHISHEK KUMAR [SUPREME COURT OF INDIA] 20-02-2024 Service Law — Compassionate appointment —Respondent’s father, a Grade-IV employee, passed away in 2017 — Respondent’s application for compassionate appointment was rejected due to exceeding the income criteria of the 2019 policy — Whether the application for compassionate appointment should be considered under the policy prevalent at the time of the employee's death or the policy at the time of application consideration — The Supreme Court set aside the High Court's decision, stating that the no India Law Library Docid # 2417297
(645) DR. MRS. SUMAN V. JAIN Vs. MARWADI SAMMELAN THROUGH ITS SECRETARY AND OTHERS [SUPREME COURT OF INDIA] 20-02-2024 Central Civil Services Pension Rules, 1972 - Rule 26 - Maharashtra Universities Act, 1994 - Sections 59(1) and Section 59(2) – Right to Appeal – Prospective Resignation - Appeal filed by Appellant, a former principal of a college run by a trust, against the rejection of her request to withdraw her prospective resignation before the effective date - The main issues before the court were: (a) whether the appellant was entitled to withdraw her prospective resignation before the effective date; (b) India Law Library Docid # 1603937
(646) THE TEHSILDAR, URBAN IMPROVEMENT TRUST AND ANOTHER Vs. GANGA BAI MENARIYA (DEAD) THROUGH LRS. AND OTHER [SUPREME COURT OF INDIA] 20-02-2024 Land Dispute - Suit for injunction - Dispute over the ownership and possession of a land that was claimed by the respondents on the basis of a lease deed executed by the Gram Panchayat in 1959 - The Trial Court dismissed the suit filed by the respondents for permanent injunction, holding that they failed to prove their title or legal possession of the land, and that the Gram Panchayat had no authority to lease out the land that was reserved for grazing cattles (gochar land) - The First Appellate India Law Library Docid # 1603949
(647) KULDEEP KUMAR Vs. U.T. CHANDIGARH AND OTHERS[SUPREME COURT OF INDIA] 20-02-2024 Punjab Municipal Corporation Act 1976 - Section 38 and Section 60(a) - Electoral dispute for the post of Mayor of the Chandigarh Municipal Corporation - The appellant, Kuldeep Kumar, challenged the validity of the election result, which was declared in favour of the eighth respondent, Manoj Kumar Sonkar, by the presiding officer, Anil Masih, who was also the seventh respondent - The appellant alleged that the presiding officer malpracticed by placing ink marks on eight ballot papers that were ca India Law Library Docid # 1603950
(648) HIMANSHU SHARMA Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 20-02-2024 Penal Code, 1960 - Sections 419, 420, 467, 468, 470 and 471 – Criminal Procedure Code, 1973 - Section 439(2) - Forgery and possession of illegal arms - The appellants were accused of various offences related to forgery and possession of illegal arms - They were granted bail by a Single Judge of the High Court of Madhya Pradesh, but the State filed applications to cancel their bail under Section 439(2) of CrPC - Another Single Judge of the same High Court cancelled the bail of the appellants on t India Law Library Docid # 1603951
(649) MOHD ABAAD ALI AND ANOTHER Vs. DIRECTORATE OF REVENUE PROSECUTION INTELLIGENCE [SUPREME COURT OF INDIA] 20-02-2024 Criminal Procedure Code, 1973 - Section 378 - Limitation Act, 1963 - Section 5 - Customs Act, 1962 - Section 135(1)(b) - Appeal against the acquittal – Delay of 72 days - The High Court condoned the delay and dismissed the appellants’ application for recall - Whether the High Court had the power to condone the delay in filing the appeal against acquittal under Section 378 of CrPC, and whether Section 5 of the Limitation Act, 1963 was applicable in such cases – This Court dismissed the appeal and India Law Library Docid # 1603938
(650) MANOJ KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-02-2024 Service Law – Appointment – Denial of - Denial of appointment of Appellant as a primary school teacher by the Institute, on the ground that he was not given marks for his additional qualification of PG Degree - He claimed that the denial was illegal and arbitrary –The High Court dismissed the appellant’s writ petition and appeal, relying on the principle of judicial restraint in academic matters and the Institute’s right to shortlist candidates as per the vacancy circular - The Supreme Court al India Law Library Docid # 1603939
(651) KALINGA @ KUSHAL Vs. STATE OF KARNATAKA BY POLICE INSPECTOR HUBLI [SUPREME COURT OF INDIA] 20-02-2024 Penal Code, 1860 (IPC) - Sections 201, 302, 363, 364 read with 34 –Murder - Extra judicial confession - Reversal of the acquittal - Appeal filed by Appellant, who was convicted for the murder of his nephew a 2.5-year-old child, and for other related offences - The Trial Court acquitted Appellant and two other co-accused on the grounds of insufficient and unreliable evidence, especially the extra judicial confession of Appellant and the recovery of the dead body from a well at his instance - The India Law Library Docid # 1603940
(652) AYSHA Vs. A.M. HUSSAINAR[SUPREME COURT OF INDIA] 19-02-2024 The appellants are plaintiffs in the suit for partition and separate possession. The trial Court, after framing the issues, decreed the suit. Aggrieved, the defendants filed the appeal before the High Court of Kerala. By the impugned order, the High Court remitted the matter back to the trial Court for fresh consideration with specific reference to Exhibit B-3. Exhibit B-3 is the registered settlement deed which the respondent/defendant relies on. India Law Library Docid # 1883049
(653) KULDEEP KUMAR Vs. U.T. CHANDIGARH[SUPREME COURT OF INDIA] 19-02-2024 During the course of the hearing, the Returning Officer Mr Anil Masih is present before this Court. Responding to a query of the Court, Mr Masih stated that he had, besides signing the ballot papers, put his mark at eight ballot papers during the course of the counting of the votes. He states that he did so as he found that the ballot papers were defaced. We direct that the ballot papers which have been placed in the custody of the Registrar General be produced before this Court at 2.00 pm on 20 India Law Library Docid # 1884117
(654) ASHOK KUMAR SHARMA, INDIAN FOREST SERVICE (RETIRED) AND OTHERS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 19-02-2024 Forest Conservation Act, 1980 — Section 2(i) — The case involves multiple writ petitions challenging the constitutional validity of the Forest Conservation Amendment Act 2023 — The main issue is whether the amendment narrows the definition of 'forest' and excludes significant forest areas from protection — Petitioners argue that the amendment reduces the coverage of forests, excluding about 1.97 lakh square kilometers from protection — The Union of India contends that the amendment aims to imple India Law Library Docid # 2417298
(655) SUDHA BHALLA ALIAS SUDHA PUNCHI AND OTHERS Vs. RAKESH KUMAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 19-02-2024 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — The Ghaziabad Development Authority (GDA) initially stated it couldn't pay compensation for land acquisition due to increased prices — Later, it declared an award for compensation — Whether the GDA misled the court by changing its stance on compensation and if the award was passed in contempt of court orders — The award was an eyewash, passed without following mandatory provisions, and in India Law Library Docid # 2417299
(656) FARHANA Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 19-02-2024 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 2(b)(i) and 3(1) - Quashing of FIR - Member of gang - Anti-social activities - From a bare perusal of Section 2(b)(i) of the Gangsters Act, it would become apparent that the person alleged to be the member of the gang should be found indulging in anti-social activities which would be covered under the offences punishable under Chapters XVI, or XVII or XXII IPC - There is no dispute that the case set up by the pr India Law Library Docid # 1603935
(657) DEEPAK KUMAR SHRIVAS AND ANOTHER Vs. STATE OF CHHATTISGARH AND OTHERS [SUPREME COURT OF INDIA] 19-02-2024 Criminal Procedure Code, 1973 (CrPC) - Section 482 - Quashing of criminal proceedings - Criminal prosecution should not be allowed to continue where the object to lodge the FIR is not for criminal prosecution and for punishing the offender for the offence committed but for recovery of money under coercion and pressure. India Law Library Docid # 1603936
(658) ARVIND KUMAR PANDEY Vs. GIRISH PANDEY[SUPREME COURT OF INDIA] 16-02-2024 Appellant No.1 is the husband, and appellant Nos.2 and 3 are the daughter and son, respectively of the deceased Smt.Sushma Pandey. She was admittedly around 50 years old on 26/6/2006 when she was travelling with the respondents in their car. It seems that the vehicle lost control, skidded off and fell into a ditch at about 3.45 p.m., causing the death of Smt. Sushma Pandey. India Law Library Docid # 1883042
(659) SOUVIK BHATTACHARYA Vs. ENFORCEMENT DIRECTORATE[SUPREME COURT OF INDIA] 16-02-2024 his is one of the cases of non-application of mind by the Court, wherein the Special (CBI) Court no.1 (hereinafter referred to as the Special Court) though had not passed any order summoning the present appellant (accused No.10), on taking the cognizance of the offences under the Prevention of Money Laundering Act, 2002 (for short PMLA) vide order dtd. 7/12/2022, issued summons to the appellant in the Form prescribed under Sec. 61 CrPC. The appellant thereafter on his voluntarily surrendering be India Law Library Docid # 1883043
(660) GANPAT @ GANATPAT Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 16-02-2024 The petitioner, a convict, sought expeditious disposal of his criminal appeal and interim suspension of his sentence with bail — Whether the Supreme Court can issue directions for early hearing of a criminal appeal pending in the High Court and grant bail — The Supreme Court dismissed the writ petition, stating it cannot issue such directions as it would disrespect the High Court's jurisdiction — The Court emphasized the clear division of jurisdiction between the Supreme Court and High Courts, a India Law Library Docid # 2417300