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(661) AMOL VITTHAL VAHILE Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 16-02-2024
Constitution of India, 1950 — Article 21 — The High Court granted bail to the petitioner on 12.02.2024, following an order from the Supreme Court on 29.01.2024 — The delay in deciding bail applications by the High Court, which affects the liberty of citizens under Article 21 of the Constitution — The Supreme Court disposed of the appeal and requested the Chief Justice of the High Court of Bombay to ensure bail applications are decided expeditiously —The appeal was disposed of, and the Registrar
India Law Library Docid # 2417301

(662) N. MANOGAR AND ANOTHER Vs. THE INSPECTOR OF POLICE AND OTHERS [SUPREME COURT OF INDIA] 16-02-2024
Penal Code, 1860 (IPC) - Section(s) 452, 294(b), 323 and 506(1) - The appellants challenged the order of the Madras High Court that impleaded them as accused persons in a criminal case involving trespassing, assault and threat by the respondent no. 3, who is the wife of appellant no. 1 and a relative of appellant no. 2. - The trial court rejected the application of the complainant to summon and implead the appellants as accused, observing that there was no evidence of their involvement and no sp
India Law Library Docid # 1603952

(663) KRISHNAVENI Vs. M.A. SHAGUL HAMEED AND ANOTHER [SUPREME COURT OF INDIA] 15-02-2024
Contract Act, 1872 — The appellant was a minor when she entered into a sale agreement in 2007 to purchase immovable property — The sellers received an advance payment — Whether a minor can enter into a valid contract and if the sale agreement is enforceable —Petitioner's Arguments — The contract in favor of a minor is enforceable and not void —Respondent's Arguments — The contract is void as the appellant was a minor at the time of the agreement —The High Court ruled the contract void, relying o
India Law Library Docid # 2417302

(664) BABASAHEB DHONDIBA KUTE Vs. RADHU VITHOBA BARDE [SUPREME COURT OF INDIA] 15-02-2024
Maharashtra Land Revenue Code, 1966 - Section 36A - Suit for Specific performance - The appellant-plaintiff filed a suit for specific performance of an agreement to sell land by the respondent-defendant, a tribal, for Rs. 2,25,000/- - The plaintiff had paid Rs. 2,20,000/- and obtained possession, but the defendant did not execute the sale deed - The trial court and the first appellate court denied the decree for specific performance and granted the alternative relief of refund of Rs.2,20,000/- w
India Law Library Docid # 1603953

(665) ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-02-2024
Electoral Bond Scheme - Constitutional validity - Electoral Bond Scheme, the proviso to Section 29C(1) of the Representation of the People Act 1951 (as amended by Section 137 of Finance Act 2017), Section 182(3) of the Companies Act (as amended by Section 154 of the Finance Act 2017), and Section 13A(b) (as amended by Section 11 of Finance Act 2017) are violative of Article 19(1)(a) and unconstitutional - Deletion of the proviso to Section 182(1) of the Companies Act permitting unlimited corpora
India Law Library Docid # 1603933

(666) CHATRAPAL Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 15-02-2024
Service Law - Reinstatement - Departmental inquiry - Charges of misconduct and insubordination - Appellant- employee, initially employed as a permanent Ardly (a class IV Post) in the Bareilly Judgeship, was transferred to the position of Process Server in the Nazarat of an outlying court in Baheri, District Bareilly - However, the appellant was denied allowances entitled to Process Servers - In response, the appellant directly approached higher authorities such as the Registrar General of the Hi
India Law Library Docid # 1603934

(667) ADITYA BUS SERVICES PVT. LTD Vs. NATIONAL INSURANCE CO. LTD[SUPREME COURT OF INDIA] 14-02-2024
It is not in dispute that after filing of Written Statement before the Motor Accident Claims Tribunal [For short the MACT], Dwarka Courts, New Delhi, the Petitioner did not participate in the proceedings. Vide Order dtd. 5/3/2011, the MACT awarded a sum of Rs.5,49,000.00 (Rupees Five Lakhs Forty Nine Thousand) with Interest in favour of the Claimants and directed that the said sum be paid by the Respondent No.1-Insurance Company. The Respondent No.1-Insurance Company filed an Appeal against the
India Law Library Docid # 1884115

(668) UNION OF INDIA AND OTHERS Vs. EX. LT. SELINA JOHN [SUPREME COURT OF INDIA] 14-02-2024
Military Law — Nursing Service — Ex. Lt. was released from the Military Nursing Service on the grounds of marriage, a rule applicable only to women nursing officers — Whether the release due to her marriage was legal and whether such a rule is discriminatory — The Union of India argued that the release was justified based on existing rules — Respondent contended that the rule was discriminatory and violated her rights — The Supreme Court ruled that the release was illegal and discriminatory, awa
India Law Library Docid # 2417303

(669) NAVIN KUMAR RAI Vs. SURENDRA SINGH AND OTHERS [SUPREME COURT OF INDIA] 14-02-2024
Penal Code, 1860 - Sections 420, 467, 468, and 471 - The appellant challenges the quashing of an FIR against seven accused persons for forging a power of attorney and a sale deed of his land by the High Court of Jharkhand - The Supreme Court allows the appeal and restores the FIR and the consequent case to the trial court, finding the High Court’s exercise of power under Section 482 Cr.P.C. unjustified and unsustainable - The Supreme Court holds that the High Court erred in assuming that there w
India Law Library Docid # 1603954

(670) RAJESH VIREN SHAH Vs. REDINGTON (INDIA) LIMITED [SUPREME COURT OF INDIA] 14-02-2024
Negotiable Instruments Act, 1881 (NI) - Sections 138 and 141 - Dishonour of cheque - Insufficient funds - Liability - According to Sections 138 and 141 of the Negotiable Instruments Act, a director who resigns from a company before a cheque is issued cannot be held responsible for cheque bouncing offenses.
India Law Library Docid # 1603931

(671) PALANI Vs. THE TAMIL NADU STATE [SUPREME COURT OF INDIA] 14-02-2024
Drugs and Cosmetics Act, 1940 - Sections 18(A), 18(c), 27 (b)(ii) and 28 - Conviction and sentence - In a inspection of a clinic officials found allopathic medicines meant for distribution without proper documentation - Quantities of the 29 kinds of medicines recovered from the clinic run by Appellant-doctor, were of small quantity - In such a situation, non-disclosure of the name of the manufacturer/person from whom the said medicines were acquired, cannot be said to be endangering public inter
India Law Library Docid # 1603932

(672) STATE THROUGH INSPECTOR OF POLICE CBI CHENNAI Vs. NARESH PRASAD AGARWAL AND ANOTHER [SUPREME COURT OF INDIA] 13-02-2024
Criminal Procedure Code, 1973 - Section 482 - The case involves two proceedings decided by the Madras High Court, including a petition for quashing a charge sheet and a criminal revision application challenging an order of discharge - The appeals raise concerns about the propriety of a judgment delivered five months after the judge demitted office, with the detailed judgment being released post-retirement - The petitioner's arguments are not detailed in the provided context - The respondents' c
India Law Library Docid # 1882341

(673) SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER [SUPREME COURT OF INDIA] 13-02-2024
Criminal Procedure Code, 1973 (CrPC) – Sections 41 and 41A - The court reviewed compliance affidavits related to the implementation of directions issued in the Satender Kumar Antil case, focusing on the adherence to Sections 41 and 41-A of CrPC and the creation of Special Courts - The main issues addressed were the non-compliance with specific directions, the need for additional Special Courts, and the training of prosecutors - The court accepted the report dated 10.02.2024, issued directions fo
India Law Library Docid # 1882343

(674) DR KAVITA KAMBOJ Vs. HIGH COURT OF PUNJAB AND HARYANA AND OTHERS [SUPREME COURT OF INDIA] 13-02-2024
Service Law - Promotion - The case involves recommendations by the High Court of Punjab and Haryana for the appointment of thirteen in-service candidates as Additional District and Sessions Judges, seeking promotion from the post of Senior Civil Judges - The main issue is the eligibility criteria for promotion, specifically the requirement of securing 50% marks in both the written test and viva voce individually, as opposed to an aggregate of 50% - The petitioners argued that the imposition of t
India Law Library Docid # 1882458

(675) SASEENDRAN Vs. K.M. CHERIAN (DIED)[SUPREME COURT OF INDIA] 13-02-2024
Learned senior counsel appearing for the appellant submitted that a perusal of the Order XLI Rules 23 and 33, Code of Civil Procedure would show that the First Appellate Court is duty bound to call for the findings from the trial Court in the event of its inability to decide an issue of fact and, in such circumstances, there is no need for setting aside the judgment and decree of the trial Court and remand it thereafter.
India Law Library Docid # 1883046

(676) TEJASHWI PRASAD YADAV Vs. HARESHBHAI PRANSHANKAR MEHTA [SUPREME COURT OF INDIA] 13-02-2024
Penal Code, 1860 (IPC) - Sections 499 and 500 - Defamation - Quashing of complaint - Defaming the gujarati people and the entire society of Gujarat - Petitioner made a public statement that “Jo bhi do thug hai na, jo thug hai, thug ko anumati jo hai, aaj ke desh ke condition me dekha jaye then only Gujarati hi thug ho sakte hai, aur uske thug ko maaf kiya jayega. LIC ko paisa do, bank ko paisa do, fir wo log le ke bhag jayenge, to kaun jimmedaar hoga?” - It is true that every prosecution for def
India Law Library Docid # 1603929

(677) DIRECTORATE OF ENFORCEMENT Vs. NIRAJ TYAGI AND OTHERS [SUPREME COURT OF INDIA] 13-02-2024
Criminal Procedure Code, 1973 (CrPC) - Section 482 - Penal Code, 1860 (IPC) - Sections 420, 467, 468, 471, 120-B, 323, 504 and 506 - Inherent Powers - Stay of proceedings - Without undermining the powers of the High Court under Section 482 of Cr.PC to quash the proceedings if the allegations made in the FIR or complaint prima facie do not constitute any offence against the accused, or if the criminal proceedings are found to be manifestly malafide or malicious, instituted with ulterior motive et
India Law Library Docid # 1603930

(678) VASANTHA (DEAD) THR. LR. Vs. RAJALAKSHMI @ RAJAM (DEAD) THR. LRS. [SUPREME COURT OF INDIA] 13-02-2024
Family Property Dispute - Validity of settlement deeds and the rights of heirs to the property - The dispute began in 1947 with property transfer among family members, leading to a lawsuit filed in 1993 - The case progressed through various courts, culminating in this appeal - The primary legal issues revolve around the validity of settlement deeds and the rights of heirs to the property - The appellant contested the original plaintiff's cause of action, the timing of the suit, and the nature o
India Law Library Docid # 1604104

(679) STATE BY THE INSPECTOR OF POLICE Vs. B. RAMU [SUPREME COURT OF INDIA] 12-02-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c), 20(b)(ii)(c) and 29(1) and 37 - Possession of 232.5 kg of ganja – Bail - The case involves the recovery of 232.5 kg of ganja, which is well above the commercial quantity defined by the NDPS Act - The main issue is whether the High Court was justified in granting anticipatory bail to the respondent-accused, considering the large quantity of narcotics recovered - The petitioner opposed the grant of anticipatory bail, highlightin
India Law Library Docid # 1882510

(680) STATE OF RAJASTHAN Vs. SWARN SINGH @ BABA[SUPREME COURT OF INDIA] 12-02-2024
The present appeal arises out of the impugned order dtd. 18/2/2020 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. (Pet.) No.273 of 2020, whereby the High Court while allowing the said petition has directed all Courts in the State of Rajasthan that whenever an application is moved to summon the Call-details by the accused during the criminal proceedings, the same shall not be deferred and will be decided forthwith.
India Law Library Docid # 1884123