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(701) NAULAK KHAMSUANTHANG AND OTHERS Vs. ELECTION COMMISSION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-04-2024
Election Law — Petition seeking arrangements for internally displaced persons (IDPs) from Manipur to vote in the 2024 General Elections — Whether the Election Commission of India (ECI) should set up special polling booths for IDPs outside Manipur — The petitioners argued for similar arrangements as those made for Kashmiri migrants, allowing IDPs to vote outside Manipur — The ECI argued that it was too late to make such arrangements and highlighted the logistical challenges — The Court dismissed
India Law Library Docid # 2417259

(702) LEELAWATI DEVI AND ANOTHER Vs. DISTRICT COOPERATIVE BANK LTD. [SUPREME COURT OF INDIA] 15-04-2024
Consumer Law — FDR’s — The appellants deposited Rs. 1,60,000/- in Fixed Deposit Receipts (FDRs) with the District Cooperative Bank Ltd., which they were not allowed to withdraw — The District Consumer Forum ruled in favor of the appellants, but the National Consumer Dispute Redressal Commission (NCDRC) reversed this decision — Whether the FDRs were fraudulently obtained and if the bank is liable for the actions of its employees — The appellants argued that they had indeed deposited the money, as
India Law Library Docid # 2417260

(703) WG CDR A U TAYYABA (RETD) AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-04-2024
Service Law — Pensionary Benefits — The case involves women Short Service Commissioned Officers (SSCOs) seeking pensionary benefits after being released from service at the end of the fourteenth year — The main issue is the correct interpretation of the Supreme Court's directions regarding the computation of pension and related benefits — The Court directed that the pensionary payments be computed based on the salary at the deemed completion of twenty years, including notional increments, and cl
India Law Library Docid # 2417261

(704) MEHER FATIMA HUSSAIN Vs. JAMIA MILIA ISLAMIA AND OTHERS [SUPREME COURT OF INDIA] 15-04-2024
Service Law – Selection Process - Appellants were appointed at Jamia Milia Islamia University after a regular selection process - Their positions were to be merged into the regular establishment as per UGC's approval - The main issue was whether the appellants' appointments should be regularized after the merger of their posts with the regular establishment of the university - The appellants argued that their appointments were made through a proper selection process and met UGC qualifications, t
India Law Library Docid # 1604078

(705) DELHI METRO RAIL CORPORATION LTD. Vs. DELHI AIRPORT METRO EXPRESS PVT. LTD. [SUPREME COURT OF INDIA] 10-04-2024
Arbitration and Conciliation Act 1996 - Sections 34 and 37 - The dispute involves Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) regarding the operation and maintenance of the Airport Metro Express Line (AMEL) - The core issue is the validity of DAMEPL's termination of the Concession Agreement due to alleged defects not cured by DMRC within the stipulated cure period - DMRC argues that it took effective steps to cure the defects and that DAMEPL's terminati
India Law Library Docid # 1604068

(706) BHUPATBHAI BACHUBHAI CHAVDA AND ANOTHER Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 10-04-2024
Penal Code, 1860 (IPC) - Section 302, read with 34 – Murder – The appellants, a father and son, were accused of assaulting deceased with pipes and sticks, leading to his death - They were acquitted by the Sessions Court but convicted by the High Court on appeal by the State of Gujarat - The main issue was whether the High Court was correct in overturning the acquittal and convicting the appellants based on the evidence presented - The appellants argued that the High Court wrongly placed the burd
India Law Library Docid # 1604069

(707) SUBHASH @ SUBANNA AND OTHERS Vs. STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS [SUPREME COURT OF INDIA] 10-04-2024
Penal Code, 1860 (IPC) – Section 302 – Murder - Dispute over a blocked pathway - The appeal challenges the High Court's confirmation of the Trial Court's conviction and sentence, questioning the intention behind the act and claiming the right to private defence - The appellants argued that the incident was a reaction to provocation by the deceased and his family, lacking the intention to attract Section 302 of IPC - The State supported the High Court's judgment, emphasizing the lack of provocati
India Law Library Docid # 1604070

(708) MAHAKALI SUJATHA Vs. THE BRANCH MANAGER, FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024
Consumer Law - Insurance Act, 1938 - Section 45 - Policy not to be called in question on ground of mis-statement after two years - The appeal involves a dispute over life insurance claims repudiated due to alleged non-disclosure of existing policies - The main issue is whether the insurance claim was rightly repudiated on grounds of suppression of material information about existing policies - The appellant argues there was no material suppression of facts regarding existing insurance policies -
India Law Library Docid # 1604071

(709) RAVISHANKAR TANDON Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 10-04-2024
Penal Code, 1860 (IPC) – Section 302 read with 34 and 120B - Murder - Conspiracy and homicide – Recovery of Body from the Pond - The appeals challenge the High Court's dismissal of the appellants' criminal appeals and the upholding of their convictions and sentences by the trial court - The appellants argued that the prosecution failed to prove the incriminating circumstances beyond reasonable doubt and that the chain of proven circumstances does not conclusively point to their guilt - The respo
India Law Library Docid # 1604072

(710) ARUN SHANKAR Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 10-04-2024
Penal Code, 1860 (IPC) - Sections 302 and 201 - Evidence Act, 1872 - Section 27 – Murder - Causing disappearance of evidence of offence, or giving false information to screen offender - How much of information received from accused may be proved – The case is based on circumstantial evidence, including the recovery of the knife, last seen together, medical opinion, and the deceased's habit of drinking with the appellant - The main issue is the validity of the circumstantial evidence against the
India Law Library Docid # 1604073

(711) PHR INVENT EDUCATIONAL SOCIETY Vs. UCO BANK AND OTHERS [SUPREME COURT OF INDIA] 10-04-2024
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13(4) and 17 – Application against measures to recover secured debts. - The Borrower defaulted on a loan secured by mortgaged properties, leading to auction proceedings by UCO Bank - The auction purchaser, PHR Invent Educational Society, emerged as the highest bidder and deposited the bid amount - However, the Borrower filed applications to set aside the auction and restore the origina
India Law Library Docid # 1604074

(712) SANJAY CHAUDHARY AND ANOTHER Vs. PIONEER URBAN LAND AND INFRASTRUCTURE LTD. AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024
Consumer Law – Housing – Delay in deleivery of Flat - The appellants, homebuyers, paid 90% of the total sale consideration for a flat, but the respondent-developer failed to deliver possession by the scheduled date, leading to a consumer dispute - The main issue is the respondent-developer's entitlement to charge interest at 9% per annum on the balance amount from the appellants-homebuyers from November 14, 2017, until payment - The Supreme Court found that the Commission erred in allowing the r
India Law Library Docid # 1604075

(713) MANISHA MAHENDRA GALA AND OTHERS Vs. SHALINI BHAGWAN AVATRAMANI AND OTHERS [SUPREME COURT OF INDIA] 10-04-2024
Easements Act, 1882 - Sections 4, 13 and 15 - Easements of necessity and quasi-easements - The dispute involves easementary rights over a 20ft wide road owned by the respondents - The main issue is whether the Gala Appellants have any easementary right over the disputed road - The Appellant's claim easementary rights by prescription, necessity, and under an agreement, asserting they have no alternative access to their land - The Respondent’s deny the Appellant 's uninterrupted use of the road an
India Law Library Docid # 1604076

(714) THE VVF LTD. EMPLOYEES UNION Vs. M/S. VVF INDIA LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024
Industrial Law – Wages - The case involves wage revisions for Appellant-Company employees, originating from a charter of demand raised in 2008 - The dispute led to appeals against a High Court judgment on wage and allowance adjustments - The main issues revolve around the revision of pay scales, allowances, and the comparability of the employer's units for wage determination - The union argued that their submissions on certain allowances were not considered in the main judgment and sought a revi
India Law Library Docid # 1604077

(715) MANEESHA YADAV AND OTHERS Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2024
Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471, 406, 504 and 506 — The case involves the Raj School of Nursing and Paramedical College, Gorakhpur, which admitted 60 students despite having permission for only 40 seats — Complaints were filed when the results of 20 students were not published — Whether the appellants, who are relatives of the institute's management, were involved in the alleged illegal admissions and inducement of students —The appellants argued they were not involved
India Law Library Docid # 2417262

(716) KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. Vs. THIYYURKUNNATH MEETHAL JANAKI AND OTHERS [SUPREME COURT OF INDIA] 09-04-2024
Suit for Partition - The case involves a partition suit over property in Kerala, with claims based on a series of historical deeds and the applicable succession law - The main issue is whether ‘C’ had any title over the property which the plaintiff claimed through a series of transactions - The appellants (defendants in the original suit) contested the plaintiff's claim to the property, arguing that ‘C’ lost her rights upon remarriage as per the Hindu Widow's Remarriage Act, 1856 - The responden
India Law Library Docid # 1604063

(717) M/S RAJCO STEEL ENTERPRISES Vs. KAVITA SARAFF AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2024
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque - The petitioner, a firm dealing in iron and steel, challenged the acquittal of the respondent related to dishonored cheques under Section 138 of the Act, 1881 - The core issue was whether the cheques were issued in discharge of a legally enforceable debt and if the respondent could rebut the presumption under Section 118 and Section 139 of the 1881 Act - The petitioner argued that all ingredients of Section 138 were satisfied
India Law Library Docid # 1604064

(718) KARIKHO KRI Vs. NUNEY TAYANG AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2024
Representation of the People Act, 1951 - Section 100(1)(d)(iv) - Appellant-Karikho Kri won the 2019 election for the Arunachal Pradesh Legislative Assembly – Respondent challenged the election results, claiming improper acceptance of Kri's nomination due to non-disclosure of certain assets and dues - The court examined whether Kri's non-disclosure of assets and dues in his affidavit affected the validity of his nomination and the election outcome – Respondent argued that Kri's nomination was im
India Law Library Docid # 1604065

(719) AABID KHAN Vs. DINESH AND OTHERS [SUPREME COURT OF INDIA] 09-04-2024
Motor Accident Claim – Enhancment of Compensation - The appellant challenged the compensation awarded by the Motor Accidents Claims Tribunal, which was enhanced by the High Court of Madhya Pradesh - The main issue was whether the appellant is entitled to an enhancement of compensation - The appellant contended that the compensation awarded was on the lower side and should be enhanced - The Supreme Court enhanced the compensation, accepting the 17% whole body disability as certified by the doctor
India Law Library Docid # 1604066

(720) SMT. NAJMUNISHA SOLE APPELLANT IN CRIMINAL APPEAL NO. 2319 OF 2009 AND ABDUL HAMID CHANDMIYA ALIAS LADOO BAPU SOLE APPELLANT IN CRIMINAL APPEAL NO.2320 OF 2009 Vs. THE STATE OF GUJARAT AND OTHER [SUPREME COURT OF INDIA] 09-04-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 29 read with 20(b)(ii)(c) and 25, 67, 41 to 44 - The case involves appeals by Appellants against their convictions under the NDPS Act 1985 for drug trafficking - The appeals challenge the legality of the search and seizure, the admissibility of statements under Section 67 of the NDPS Act, and the compliance with procedural requirements - The appellants argue that the search was illegal, the statements under Section 67 are inadmissib
India Law Library Docid # 1604067