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(681) HANSRAJ Vs. STATE OF M.P. [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 394 read with Section 397 - Voluntarily causing hurt in committing robbery – The appellant was convicted for offences under Sections 394 and 397 of the IPC, sentenced to seven years rigorous imprisonment with a fine, based on the recovery of stolen items and identification by the complainant - The appeal challenges the High Court's dismissal of the appellant's appeal against the trial court's conviction and sentence - The appellant contested the identification o
India Law Library Docid # 1604093

(682) PERNOD RICARD INDIA (P) LTD. Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 19-04-2024
M.P. Excise Act, 1915 - The case involves the applicability of a rule for imposing penalties related to the liquor license period of 2009-10 and whether the old or substituted rule should apply - The main issue is whether the penalty should be based on the rule in place during the violation (2009-10) or the substituted rule from 2011, which reduced the penalty - The appellant argues for the application of the substituted rule, which imposes a lower penalty, as the old rule was repealed - The Sta
India Law Library Docid # 1604094

(683) INSOLVENCY AND BANKRUPTCY BOARD OF INDIA Vs. SATYANARAYAN BANKATLAL MALU AND OTHERS [SUPREME COURT OF INDIA] 19-04-2024
Insolvency and Bankruptcy Code, 2016 - Section 236 - Criminal Procedure Code, 1973 (CrPC) - Sections 190, 193 and 200 – The appeal challenges a High Court judgment regarding a complaint filed by the Insolvency and Bankruptcy Board of India against the Ex-Directors of M/s. SBM Paper Mills Pvt. Ltd. for offences under the Insolvency and Bankruptcy Code, 2016 - The primary issue is whether the Special Court established under Chapter XXVIII of the Companies Act, 2013 has jurisdiction to try offences
India Law Library Docid # 1604095

(684) BABU SAHEBAGOUDA RUDRAGOUDAR AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 19-04-2024
Penal Code, 1860 (IPC) - Sections 143, 147, 148, 506(2) and 302 read with Section 149 – The appellants were convicted for the murder and sentenced to life imprisonment by the High Court, reversing their earlier acquittal by the trial court - The main issue was the reliability of eyewitness testimonies and the admissibility of evidence, such as the FIR and recovery of weapons - The appellants argued that the High Court erred in reversing the acquittal, contending that the eyewitnesses were unreli
India Law Library Docid # 1604096

(685) GOVIND KUMAR SHARMA AND ANOTHER Vs. BANK OF BARODA AND OTHERS [SUPREME COURT OF INDIA] 18-04-2024
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 17 —Appellants purchased a property in an auction conducted by the Bank of Baroda after the borrower defaulted on a loan — The appellants were tenants of the borrower and became owners after the auction — Borrower challenged the auction, claiming the Bank did not follow mandatory notice procedures under the SARFAESI Act — The appellants argued they were bona fide purchasers and had inve
India Law Library Docid # 2417254

(686) THE STATE OF TELANGANA AND OTHERS Vs. MOHD. ABDUL QASIM (DIED) PER LRS. [SUPREME COURT OF INDIA] 18-04-2024
Constitution of India, 1950 - Articles 48A and 51A(g) - Andhra Pradesh Forest Act, 1967 - The case involves the State of Telangana and the dispute over forest land, with varying stands taken by the State instrumentality, leading to an affidavit before the Court - The main issue is the challenge against the order favoring respondents, which set aside concurrent judgments by two lower courts on the appreciation of fact and law - The appellants argue against the jurisdiction and basis of the revie
India Law Library Docid # 1604083

(687) KIRPAL SINGH Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 18-04-2024
Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt - Appellant, was convicted for murder and attempted murder, with the motive being jealousy over the deceased's successful business - The appeal challenges the High Court's affirmation of the trial court's conviction, questioning the reliability of witnesses and the investigation's integrity - The defence argued contradictions in witness testimonies, questioned the alleged motive, and highlighted the improbability of
India Law Library Docid # 1604084

(688) THE STATE OF WEST BENGAL Vs. JAYEETA DAS [SUPREME COURT OF INDIA] 18-04-2024
National Investigation Agency Act, 2008 – Section 22(3) - Penal Code, 1860 - Sections 121A, 122, 123, 124A and 120B - Unlawful Activities (Prevention) Act, 1967 - Sections 16, 18, 18B, 20, 38, 39 and 43D - The case involves the State of West Bengal appealing against a High Court judgment that quashed UAPA proceedings against the respondent due to jurisdiction issues - The main issue is whether the City Sessions Court had jurisdiction to add UAPA offences and extend detention beyond 90 days - Th
India Law Library Docid # 1604085

(689) MRINMOY MAITY Vs. CHHANDA KOLEY AND OTHERS [SUPREME COURT OF INDIA] 18-04-2024
LPG Distributorship – The case involves a dispute over the grant of LPG distributorship, where both the appellant and respondent No.1 were eligible candidates - The appellant was selected through a draw of lots and was later allowed to construct on alternate land offered - The primary issue was whether the writ court was justified in entertaining the writ petition filed by respondent No.1, challenging the approval granted to the appellant for starting the LPG distributorship - The appellant argu
India Law Library Docid # 1604086

(690) THE STATE OF MADHYA PRADESH Vs. SATISH JAIN (DEAD) BY LRS AND OTHERS [SUPREME COURT OF INDIA] 18-04-2024
Civil Procedure Code, 1908 - Section 96 - Appeal from original decree - The State of Madhya Pradesh appealed against the High Court's order which set aside the Trial Court's decision and directed to implement the Arbitrator's award regarding a land dispute involving adverse possession claims and subsequent agreements for land allotment - The core issue revolves around the validity of the agreement and the Arbitrator's award, given that the original ex-parte decree in favor of the plaintiff was s
India Law Library Docid # 1604087

(691) MUKHTAR ZAIDI Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 18-04-2024
Penal Code, 1860 (IPC) - 147, 342, 323, 307 and 506 - Criminal Procedure Code, 1973 (CrPC) - Section 173(2) , 190 (1)(b) and 200 – Protest Petition - Appellant appeals against the Allahabad High Court order which dismissed his application to quash the summoning order under various IPC sections - The appeal challenges the correctness of the High Court's order and the procedure followed by the CJM in taking cognizance of the case as a State case instead of a private complaint - The appellant argue
India Law Library Docid # 1604088

(692) THE STATE OF ARUNACHAL PRADESH AND OTHERS Vs. KAMAL AGARWAL AND OTHERS ETC. [SUPREME COURT OF INDIA] 18-04-2024
Penal Code, 1860 (IPC) – Sections 420,120B and 34 - Territorial jurisdiction for the FIR - The case involves a dispute over a financial transaction for a land/building purchase in Jaipur, Rajasthan, with no written agreement on the transaction's purpose - The FIR was lodged in Arunachal Pradesh, leading to legal proceedings against several accused - The primary issues were the territorial jurisdiction for the FIR and whether the matter was a civil dispute or criminal fraud - The petitioner argue
India Law Library Docid # 1604089

(693) SHAMIM KHAN Vs. DEBASHISH CHAKRABARTY AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
Criminal Procedure Code, 1973 (CrPC) — Section 156(3) —The main issue is whether a Magistrate takes 'cognizance' while directing an investigation under Section 156(3) of the CrPC — The Court decided to tag the current matters with those already referred to a larger Bench, as the issue is already under consideration in the case Manju Surana vs. Sunil Arora & Ors. — The Registry is directed to place these matters before the Chief Justice of India for appropriate orders.
India Law Library Docid # 2417255

(694) ARCADIA SHIPPING LTD. Vs. TATA STEEL LIMITED AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
Jurisdiction — Letter of Credit — Discrepancies — Bhushan Steel supplied galvanized steel sheets to TYO Trading in Ethiopia —The goods were shipped by appellant but payment was not received due to discrepancies in the Letter of Credit —The main issue was whether the Delhi High Court had territorial jurisdiction to adjudicate the dispute involving appellant, whose business was based in Mumbai — Appellant argued that their involvement was limited to shipping the goods from Mumbai to Djibouti and t
India Law Library Docid # 2417256

(695) ANJUMOL V.A. AND OTHERS Vs. KERALA PUBLIC SERVICE COMMISSION AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
SLP — Flagged documents — The case involves a Special Leave Petition (SLP) filed by Anjumol V.A. & Ors. against the Kerala Public Service Commission & Ors., arising from a judgment by the High Court of Kerala — The court is experiencing practical difficulties with the submission of paper books, including missing orders, incomplete service rules, and improperly flagged documents —The court directed the Secretary General and Registry Officers to prepare a standard operating procedure to address th
India Law Library Docid # 2417257

(696) ASSOCIATION OF ENGINEERS AND OTHERS ETC. Vs. THE STATE OF TAMIL NADU AND OTHERS ETC. [SUPREME COURT OF INDIA] 16-04-2024
Service Law - Appointment of Technical Assistants as Assistant Engineers in the PWD, Tamil Nadu, based on service and qualifications - The main issue is whether Technical Assistants can be appointed as Assistant Engineers without being in the feeder category and without rule amendments - The appellants argue that appointments are illegal without rule amendments and violate the right to equality and efficiency in administration - The respondents contend that executive instructions can fill gaps i
India Law Library Docid # 1604079

(697) DHARAMBIR @ DHARMA Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 16-04-2024
Penal Code, 1860 (IPC) – Section 302 – Murder – Appellant was convicted for the murder - The conviction was based on the testimonies of ‘K’ (PW-5) and ‘R’ (PW-8) - The reliability of the star prosecution witnesses and the validity of the extra judicial confession were in question - The appellant's counsel challenged the credibility of the prosecution's witnesses and the alleged extra judicial confession - The State argued that the testimonies of the witnesses were natural and trustworthy, and t
India Law Library Docid # 1604080

(698) SANDEEP KUMAR Vs. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI AND OTHERS [SUPREME COURT OF INDIA] 16-04-2024
Service Law – Termination - Termination from the Post of Registrar of GB Pant Institute of Engineering and Technology - The main issue was whether the appellant's termination was justified and whether the High Court was correct in dismissing the writ petition based on non-disclosure of the minutes of a meeting referred to in the termination letter - The appellant argued that the non-disclosure of the meeting minutes was not intentional or malafide and that the minutes actually supported his case
India Law Library Docid # 1604081

(699) RAMVIR @ SAKET SINGH Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 16-04-2024
Penal Code, 1860 (IPC) - Sections 302 and 30 - The main issues revolve around the reliability of eyewitnesses, the explanation for injuries to two members of the accused's side, and whether the prosecution witnesses were the aggressors - The appellant contends that the prosecution's case is fabricated, highlighting the lack of explanation and asserting that the complainant party members were the aggressors - The State opposes the appeal
India Law Library Docid # 1604082

(700) MD ANAS CHAUDHARY Vs. REGISTRAR-GENERAL HIGH COURT OF JUDICATURE AT ALLAHABAD [SUPREME COURT OF INDIA] 15-04-2024
Allahabad High Court Rules, 1952 — Rule 3-A of Chapter XXIV — The case involves a petition challenging the High Court of Judicature at Allahabad's directions regarding e-filing at e-Sewa Kendras in District Courts of Uttar Pradesh — The main issue is the High Court's directive to enable e-filing and e-affidavit facilities at e-Sewa Kendras and the subsequent suspension of these directions — The petitioner argues against the suspension of the e-filing directives, emphasizing the need for citizen-
India Law Library Docid # 2417258