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(661) SHRI MALLIKARJUN DEVASTHAN, SHELGI Vs. SUBHASH MALLIKARJUN BIRAJDAR AND OTHERS [SUPREME COURT OF INDIA] 25-04-2024
Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust - The High Court invalidated the acceptance and remanded the matters for reconsideration - The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar's death - The Supreme Court set aside the High Court's judgment, confirming th
India Law Library Docid # 1604106

(662) SHRIRAM MANOHAR BANDE Vs. UKTRANTI MANDAL AND OTHERS [SUPREME COURT OF INDIA] 25-04-2024
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 - Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court - The main issues were whether the appellant's resignation was lawfully withdrawn and if the documents related to his resignation were fabricated - The appellant argued that his resignation withdrawal was not consi
India Law Library Docid # 1604107

(663) GLOBAL CREDIT CAPITAL LIMITED AND ANOTHER Vs. SACH MARKETING PVT. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 25-04-2024
Insolvency and Bankruptcy Code, 2016 - Section 5(7) – “financial creditor” - The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) - The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC - The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote
India Law Library Docid # 1604108

(664) M/S MADURA COATS PRIVATE LIMITED Vs. THE COMMISSIONER OF CENTRAL EXCISE AND ANOTHER [SUPREME COURT OF INDIA] 25-04-2024
Central Excise Act, 1944 - Section 35C (2) - Orders of Appellate Tribunal – The appellant, M/S Madura Coats is involved in a legal dispute with the Commissioner of Central Excise regarding the clearance of goods without payment of duty - The case involves multiple orders and appeals, with the primary contention being the non-furnishing of a crucial letter dated 20.01.2001 - The main issue is whether the non-furnishing of the letter dated 20.01.2001 has caused prejudice to the appellant's abilit
India Law Library Docid # 1604102

(665) MAYA GOPINATHAN Vs. ANOOP S.B. AND ANOTHER [SUPREME COURT OF INDIA] 24-04-2024
Matrimonial Law - The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts - The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents - The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment - The appellant claimed that her jewellery was taken under the pretext of s
India Law Library Docid # 1604103

(666) JYOTI DEVI Vs. SUKET HOSPITAL [SUPREME COURT OF INDIA] 23-04-2024
Consumer Law – Medical Negligence – Appellant-Jyoti Devi underwent an appendectomy at Suket Hospital, but suffered continuous pain post-surgery - A needle was later found in her abdomen, leading to another surgery for its removal - The case revolves around medical negligence, deficient post-operative care by the hospital, and the determination of just compensation for the claimant-appellant - The claimant-appellant sought enhancement of compensation for the pain, suffering, and financial expense
India Law Library Docid # 1604100

(667) SANJU RAJAN NAYAR Vs. JAYARAJ AND ANOTHER [SUPREME COURT OF INDIA] 23-04-2024
Prevention of Corruption Act, 1988 - Section 7(a) - Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence – The appeal challenges the High Court of Karnataka's decision to quash an FIR against respondent for alleged bribery, based on a complaint by the appellant - The main issue is whether the High Court was correct in quashing the FIR, which was based on allegations of bribery and corruption against the respondent - The Supreme Court
India Law Library Docid # 1604101

(668) THAKORE UMEDSING NATHUSING Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 22-04-2024
The appellants being the original accused Nos. 1, 2, 3 and 5 namely Thakore Laxmansing Halsing (hereinafter being referred to as A1), Thakore Pravinsing Rajsing(hereinafter being referred to as A2), Thakore Umedsing Nathusing (hereinafter being referred to as A3), Thakore Khemsing Halsing(hereinafter being referred to as A5) alongwith original accused No.4, namely, Thakore Prabhatsing Kapursing(hereinafter being referred to as A4), were tried in Sessions Case Nos. 107 and 143 of 1990 respectivel
India Law Library Docid # 1882461

(669) SHALINI DHARMANI Vs. THE STATE OF HIMACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 22-04-2024
Central Civil Service (Leave) Rules, 1972 — Rule 43-C — The petitioner, an Assistant Professor, has a son with a rare genetic disorder requiring continuous treatment — She has exhausted her sanctioned leave and seeks Child Care Leave under Rule 43-C of the CCS (Leave) Rules — The main issue is whether the State of Himachal Pradesh should adopt Rule 43-C to grant Child Care Leave to the petitioner — The petitioner argues that the denial of Child Care Leave violates her constitutional rights and t
India Law Library Docid # 2417243

(670) SEEMA GIRIJA LAL AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-04-2024
Rights of Persons with Disabilities Act, 2016 — Section 101(1) — The petitioners, members of "Together We Can," filed a writ petition regarding the implementation of the Act, 2016 —The main issue is the poor implementation of the RPWD Act across various states and union territories, including the lack of appointment of Commissioners, creation of State Funds, and establishment of Special Courts —The petitioners highlighted the non-compliance with the RPWD Act, emphasizing the need for proper impl
India Law Library Docid # 2417244

(671) THE STATE OF WEST BENGAL Vs. GANESH ROY [SUPREME COURT OF INDIA] 22-04-2024
Personal appearance of the Superintendent of Police — The State of West Bengal challenged a High Court order directing the jurisdictional Superintendent of Police to appear in court personally — Whether the High Court's direction for personal appearance of the Superintendent of Police was justified — The State argued that summoning officers frequently is unnecessary and burdensome, as noted in previous judgments — The Supreme Court quashed the High Court's order for personal appearance, emphasiz
India Law Library Docid # 2417245

(672) UNION OF INDIA AND OTHERS Vs. SUDIPTA LAHIRI [SUPREME COURT OF INDIA] 22-04-2024
The Union of India filed a Special Leave Petition against a High Court judgment related to a previous decision involving the same legal principle —Whether the High Court's decision, based on a previous case, should be overturned —The Supreme Court dismissed the petitions, imposed a fine of Rs. 5,00,000 on the petitioners for filing frivolous petitions, and cautioned against such future actions —The High Court's decision was based on a fair submission by the Union of India, and there was no justi
India Law Library Docid # 2417246

(673) KARIMAN Vs. STATE OF CHHATISGARH [SUPREME COURT OF INDIA] 22-04-2024
Penal Code, 1860 (IPC) — Sections 302 and 304 Part II — The appellant was convicted for the murder of his wife in 1999 — He assaulted her with fists and stones, leading to her death —Whether the conviction under Section 302 IPC should be converted to Section 304 Part II IPC — The appellant argued that the incident was a result of a sudden quarrel, and the injury inflicted was not intended to cause death — The State contended that the appellant had both the knowledge and intention to cause death,
India Law Library Docid # 2417247

(674) YASH RAJ FILMS PRIVATE LIMITED Vs. AFREEN FATIMA ZAIDI AND ANOTHER [SUPREME COURT OF INDIA] 22-04-2024
Consumer Protection Act, 1986 – Section Section 2(1)(g) - Deficiency of Service and unfair trade practice - The case involves a consumer dispute regarding a promotional trailer for a film produced by Yash Raj Films Private Limited - The complainant, a teacher, felt deceived when the song from the trailer was not in the movie and sought damages for mental agony - The court considered whether a promotional trailer creates a contractual obligation or amounts to an unfair trade practice if its cont
India Law Library Docid # 1604097

(675) REHAN AHMED (D) THR. LRS. Vs. AKHTAR UN NISA (D) THR. LRS. [SUPREME COURT OF INDIA] 22-04-2024
Civil Procedure Code, 1908 (CPC) – Section 47 - Questions to be determined by the Court executing decree –Property Dispute - Suit for specific performance - A compromise was reached in 1978, and a decree was passed in 1979 - The main issue is the executability of the 1979 decree, challenged by the respondents claiming it to be a nullity and questioning the jurisdiction - The petitioner, as the decree holder, argues that the decree is executable and that the objections under Section 47 CPC by the
India Law Library Docid # 1604098

(676) DOLLY RANI Vs. MANISH KUMAR CHANCHAL [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) — Sections 498A, 420, 506, 509 and 34 —Dowry Prohibition Act, 1961 — Sections 3 and 4 — The petitioner and respondent, both commercial pilots, were engaged and claimed to have solemnized their marriage on 07.07.2021 — They obtained a marriage certificate but lived separately and had disputes, leading to legal actions including an FIR for dowry harassment —The main issue was whether the marriage was valid under Hindu law, given that the requisite ceremonies were not perform
India Law Library Docid # 2417248

(677) DOLY RANI Vs. MANISH KUMAR CHANCHAL [SUPREME COURT OF INDIA] 19-04-2024
Hindu Marriage Act, 1955 - Section 7 - Ceremonies for a Hindu marriage - The petitioner-wife sought to transfer a divorce petition from Bihar to Jharkhand - The couple, both trained pilots, had a marriage certificate but did not perform Hindu marriage rites - The main issue was whether the marriage was valid under Hindu law, as the couple did not perform the requisite ceremonies - The petitioner argued that there was no valid marriage, and thus the divorce petition should not have been filed -
India Law Library Docid # 1604123

(678) JADUNATH SINGH Vs. ARVIND KUMAR AND ANOTHER ETC. [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 147, 148, 302, 149 and 120B – Cancellation of Bail - The complainant's son was allegedly murdered by the accused (along with others) in a property dispute - Five accused were convicted of murder and other charges, with two others acquitted - The High Court granted bail to three accused (‘A’, ‘C’, and ‘R’) considering their long incarceration and bail granted to two co-accused. - The complainant argues against bail, fearing threats from the accused who are "dread
India Law Library Docid # 1604090

(679) PARTEEK BANSAL Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 498A, 406, 384, 420 and 120(B) - The case involves two FIRs filed against the appellant under various sections of the IPC - The first FIR was lodged in Hisar, Haryana, and the second in Udaipur, Rajasthan, with similar allegations by the complainant after two weeks - The primary issue was the legitimacy of the second FIR based on the same set of allegations as the first FIR - The appellant challenged the second FIR, arguing it was an abuse of process and that th
India Law Library Docid # 1604091

(680) RAMAYAN SINGH Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Section(s) 147, 148, 149, 323, 504, 506, 427, 394, 411, 302 and 120B - Criminal Law Amendment Act, 2013 - Section 7 – Appeal against Grant of Bail by High Court - The main issue is the appropriateness of the High Court’s decision to grant bail to the accused - The petitioner argues against bail due to the serious nature of the crime, the recovery of the murder weapon, and the influence of the accused over witnesses - The respondents claim they have cooperated with the
India Law Library Docid # 1604092