(681) GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. PRABHJIT SINGH SONI AND ANOTHER [SUPREME COURT OF INDIA] 12-02-2024 Insolvency and Bankruptcy Code, 2016 - Sections 31(1) and 60 - National Company Law Tribunal Rules, 2016 - Rule 11 - Inherent Powers - Recall of Resolution Plan approval order passed under Sec. 31(1) of IBC - Recall application was maintainable notwithstanding that an appeal lay before the NCLAT against the order of approval passed by the Adjudicating Authority - A Court or a Tribunal, in absence of any provision to the contrary, has inherent power to recall an order to secure the ends of justic India Law Library Docid # 1603919
(682) K. BABU Vs. M. SWARAJ AND OTHERS [SUPREME COURT OF INDIA] 12-02-2024 Representation of the People Act, 1951 - Sections 80, 81, 83, 84, 100, 101 and 123 - Corrupt practice - Use of picture of Lord Ayyappa in voting slips - Maintainability of election petition - Non-compliance with the requirements of Section 83 of the Act of 1951 is not fatal, as Section 86(1) thereof only speaks of non-compliance with Sections 81, 82 or 117 being the basis for dismissal of an election petition at the outset - Defects in an election petition that constitute non-compliance with Sec India Law Library Docid # 1603920
(683) MALLAPPA AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 12-02-2024 Penal Code, 1860 (IPC) - Section 302 - Murder - Appeal against acquittal - Presumption of innocence - Testimony of witness - If the view of the Trial Court is a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal - There is a presumption of innocence in favour of the accused, unless proven guilty - Presumption continues at all stages of the trial and finally culminates into a fact when the case ends in acquittal - Presumption of innocence gets India Law Library Docid # 1603921
(684) DIRECTORATE OF ENFORCEMENT AND ANOTHER Vs. BABLU SONKAR AND ANOTHER [SUPREME COURT OF INDIA] 09-02-2024 We have heard the learned Additional Solicitor General for the appellants and the learned senior counsel appearing for the first respondent. The first respondent is the writ petitioner, who filed the writ petition in the Bombay High Court for quashing a complaint filed by the Enforcement Directorate under Prevention of Money Laundering Act, 2002 (for short PMLA). In the writ petition filed by the first respondent, there was no interim relief granted pending the hearing of the petition. The repor India Law Library Docid # 1882521
(685) K. RAMESH Vs. K. KOTHANDARAMAN[SUPREME COURT OF INDIA] 09-02-2024 Notice in the appeal was issued on 15/4/2019. Dasti service, in addition, was permitted. The learned Registrar has noted by his order dtd. 24/7/2019 that service of notice qua the sole respondent is complete but no one has entered appearance on his behalf. Even as per the latest Office Report dtd. 3/1/2024, it is noted that the respondent was served on 7/5/2019, but there is no representation on behalf of the respondent. In the circumstances, we have heard learned counsel for the appellant. India Law Library Docid # 1884126
(686) PUNJAB NATIONAL BANK Vs. GOVT. OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 09-02-2024 Banking Law — The case involves Punjab National Bank (PNB) and the National Green Tribunal's (NGT) judgment holding the bank responsible for illegal activities conducted by a borrower on the premises — Whether the financing bank (PNB) can be held responsible for the illegal activities of the borrower — The Supreme Court set aside the NGT's judgment, allowing PNB to transfer the property to the auction purchaser, Ram Singh Fogat, who must furnish an undertaking to conduct business legally — The C India Law Library Docid # 2417319
(687) NO.2809759H EX-RECRUIT BABANNA MACHCHED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-02-2024 Service Law - Dismissal of army personnel from service - Reinstatement - Non-consideration of reasoning before dismissing or discharging individuals from the Indian Army is deemed "bad in law" - Discharge/dismissal of army personnel from service is vitiated for non-consideration of their specific case that they have actually not produced any relationship certificate for selection/recruitment as they never applied in the reserved category - Tribunal also seems to have lost sight of the crucial po India Law Library Docid # 1603928
(688) MD. TAUHID @ KALLU, MANOJ SINGH Vs. STATE OF BIHAR[SUPREME COURT OF INDIA] 08-02-2024 The interim order was passed on 6/12/2023. From 6/12/2023 till date, the appellant-Md. Tauhid @ Kallu was called upon to join the investigation only once on 15 th January, 2024. Paragraph 9 of the counter affidavit reads thus: 9. That further as per order of Honble Supreme Court I.O has served notice to petitioner Tauhid @ Kallu, Manoj Singh on 15/01/2024 to join the investigation as mentioned in paragraph-71 of C.D. and thereafter Tauhid @ Kallu, Manoj Singh appeared before I.O. on 24/01/2024 a India Law Library Docid # 1884122
(689) UNION OF INDIA AND OTHERS Vs. PARAMISIVAN M. [SUPREME COURT OF INDIA] 08-02-2024 House Rent Allowance — House Rent Allowance (HRA) for Personnel Below Officer Rank (PBOR) in the Central Industrial Security Force (CISF) — The main issue is whether PBORs in the CISF are entitled to HRA when rent-free accommodation is not provided — The Union of India argued that the interpretation of Rule 61 of the CISF Rules by the High Court was incorrect and discriminatory — The respondents argued that they were entitled to HRA as per Rule 61 when rent-free accommodation was not provided — India Law Library Docid # 2417320
(690) BALVEER BATRA Vs. THE NEW INDIA ASSURANCE COMPANY AND ANOTHER [SUPREME COURT OF INDIA] 08-02-2024 Motor Accident Claims — The appellant’s son died in a motor vehicle accident involving a tractor — The appellant filed for compensation, but the claim was dismissed due to lack of territorial jurisdiction — The main issue was whether the Tribunal had territorial jurisdiction to entertain the claim — The appellant argued that the Tribunal should have jurisdiction as the insurance company had an office within the Tribunal’s limits — The respondents contended that the accident did not occur within India Law Library Docid # 2417321
(691) NARESH CHANDRA AGRAWAL Vs. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-02-2024 Chartered Accountants Act, 1949 - Section 29A - Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 - Rule 9(3)(b) - Refer a complaint for misconduct to the Disciplinary Committee - Rule 9(3)(b) of the Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 falls within the scope of the general delegation of power under Section 29A(1). India Law Library Docid # 1603918
(692) SARASWATHI (DEAD) BY LRS. AND OTHERS Vs. S.A. PALANISAMY AND OTHERS [SUPREME COURT OF INDIA] 07-02-2024 Pending the appeal, the parties themselves have settled the matter imbibing the spirit of the suggestion in that regard by this and produced a Settlement Agreement dated 05.10.2023. The same, produced along with their affidavits in I.A. No.216386/2023 dated 15.10.2023, is taken on record. The parties have also appeared before us through virtual mode. They would endorse the factum of Settlement of dispute involved in the instant case. Obviously, the Settlement Agreement would reveal that all the India Law Library Docid # 1882475
(693) CHANDIGARH HOUSING BOARD Vs. TARSEM LAL [SUPREME COURT OF INDIA] 07-02-2024 Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 – Regulation 25 - Reservation of Dwelling units or Flats – The Chandigarh Housing Board issued an advertisement for allotment of houses reserved for Scheduled Castes and Tribes. The respondent, belonging to a Scheduled Tribe recognized in Rajasthan, applied for a house in Chandigarh - The main issue was whether the respondent could benefit from the reservation in Chandigarh despite there being no Presidentia India Law Library Docid # 1882511
(694) SUDHIR VILAS KALEL AND OTHERS Vs. BAPU RAJARAM KALEL AND OTHERS [SUPREME COURT OF INDIA] 07-02-2024 Maharashtra Village Panchayat Act, 1959 - Section 10-1A - Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 - Sections 3 and 4 - Disqualification of Candidate as a Member of Panchayat - Candidate stood automatically disqualified as a Member since he failed to produce the Validity Certificate within 12 months from the date of his election - The protective umbrella of Section India Law Library Docid # 1603915
(695) KISHORE AND OTHERS Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 07-02-2024 Penal Code, 1860 (IPC) - Section 460, 302 read with Section 149 - Murder - Acquittal - As regards the offence punishable under Section 460 of the IPC, there was no specific role attributed to any of the accused and all of them have been convicted only with the aid of Section 149 of the IPC - It is established that there was no unlawful assembly as two out of five accused have been acquitted. The High Court could have altered the charge by applying Section 34 instead of Section 149 of the IPC, bu India Law Library Docid # 1603916
(696) GURWINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER [SUPREME COURT OF INDIA] 07-02-2024 Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 124A, 153A, 153B and 120-B - Unlawful Activities (Prevention) Act, 1967 - Sections 17, 18 and 19 - Arms Act, 1959 - Sections 25 and 54 - Bail - Hanging pro-Khalistan banners at Amritsar flyover - Mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail - Material available on record indicates the involvement of the appellant in furtherance of India Law Library Docid # 1603917
(697) STATE OF PUNJAB Vs. GURPREET SINGH AND OTHERS [SUPREME COURT OF INDIA] 06-02-2024 Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – The case involves an appeal against the acquittal of four individuals by the High Court in a murder case under Section 302 IPC - The incident occurred in Punjab, where the complainant's wife was shot dead, allegedly by the main accused, ‘G’, who is the ex-husband of the complainant's daughter - The Supreme Court considered whether the High Court's acquittal was justified and if there was a need for intervention under Article 136 of the Cons India Law Library Docid # 1882338
(698) J. DOUGLAS LUIZ Vs. MANIPAL HOSPITAL[SUPREME COURT OF INDIA] 06-02-2024 The appellant is aggrieved by the common impugned judgment and order dtd. 15/11/2017 passed by the National Consumer Disputes Redressa [For short NCDRC] Commission, New Delhi1 whereby the revision petitions [Revision Petition No.3766 of 2007 and 2300 of 2008] filed by the sole appellant and the respondent were dismissed while upholding the common order dtd. 24/8/2007 [In Appeals No.1479/2006 and 1481/2006] by the Karnataka State Consumer Disputes Redressal Commission, Bangalore [For short the St India Law Library Docid # 1883047
(699) LALIT CHATURVEDI & OTHERS Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 06-02-2024 First Information Report(For short FIR) No. 287/2019 for the offence(s) punishable under Ss. 406 and 506 of the Indian Penal Code, 1860(For short IPC) was registered on 30/8/2019 with Police Station - Hapur Dehat, District - Hapur, Uttar Pradesh vide the complaint made by Sanjay Garg, who is respondent no. 2 in the present appeal. The relevant portion of the complaint, as converted into the FIR, reads as under:- Sir, it is submitted that the applicant is the proprietor/owner of the firm Garg Tim India Law Library Docid # 1884125
(700) JAGMOHAN AND ANOTHER Vs. BADRI NATH AND OTHERS [SUPREME COURT OF INDIA] 06-02-2024 Punjab Pre-emption Act, 1913 - Section 8(2) - Right to pre-emption - It has been issued in exercise of powers conferred under Section 8(2) of the 1913 Act, which enables the State Government to declare by notification either no right of pre-emption or only limited right will exist in any local area or with respect to any land or property or class of land or property - Notification provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities India Law Library Docid # 1603911