(721) MANBHUPINDER SINGH ATWAL Vs. NEERAJ KUMARPAL SHAH [SUPREME COURT OF INDIA] 08-04-2024 Arbitration and Conciliation Act 1996 — Section 34 — The case involves a petition under Section 34 which was heard over 23 sittings — Judgment was reserved but not pronounced for ten months — The delay in pronouncing the judgment and the subsequent release of the case, causing additional expenses and delays for the parties involved — The petitioner argued that the delay in judgment and the release of the case compounded the expenses and delays — The respondent did not dispute the petitioner's su India Law Library Docid # 2417263
(722) YASH TUTEJA AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Prevention of Money-Laundering Act, 2002 — Sections 3 and 44(1)(b) —Penal Code, 1860 — Sections 120B, 191, 199, 200 and 204 — The case involves multiple writ petitions challenging a complaint filed by the Directorate of Enforcement —Whether the offenses mentioned in the complaint qualify as scheduled offenses under the PMLA, and whether the complaint can be sustained without such scheduled offenses —The Supreme Court quashed the complaint, stating that the alleged offenses, except for Section 12 India Law Library Docid # 2417264
(723) K.B. LAL (KRISHNA BAHADUR LAL) Vs. GYANENDRA PRATAP AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Civil Procedure Code, 1908 - Order 9 Rule 7 - Limitation Act, 1963 - Section 5 – Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance - The dispute involves a piece of land in Barabanki, sold twice in 2006, leading to a civil suit for injunction and cancellation of the sale deed - The appellant challenged the trial court's ex-parte order and sought to recall it after a delay of 14 years, which was dismissed by all Courts - The appellant India Law Library Docid # 1604054
(724) KARIM UDDIN BARBHUIYA Vs. AMINUL HAQUE LASKAR AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Representation of the People’s Act, 1951 - Sections 83(1)(a), 100(1)(b) and 100(1)(d)(i) - False declaration of educational qualifications and suppression of financial information – The appeal concerns the dismissal of an application under Order VII Rule 11 CPC by the Gauhati High Court, which was filed by the appellant seeking rejection of an Election Petition by the respondent - The main issue is whether the Election Petition filed by the respondent discloses a cause of action and contains all India Law Library Docid # 1604055
(725) VITTHALRAO MAROTIRAO NAVKHARE Vs. NANIBAI (DEAD), THROUGH LRS, AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Evidence Act, 1872 - Sections 32(3) and 32(5) - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is Relevant - The appellant filed for partition and separate possession of properties, including houses and agricultural lands, claiming they were part of a joint family business - The primary issue was whether the properties were ancestral and part of a joint family business, entitling the appellant to a share - The appellant argued that the properties were p India Law Library Docid # 1604056
(726) VIPIN SAHNI AND ANOTHER Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 08-04-2024 Criminal Procedure Code, 1973 - Section 482 – Penal Code, 1860 (IPC) - Sections 420 and 120B - Cheating in Land Mortgage - The appellants established a society for technical education and acquired land for educational institutions - They sought AICTE approval, disclosing a bank loan and land mortgage in the first application but not in subsequent ones - The CBI alleged the appellants obtained AICTE approval deceitfully, violating AICTE norms that require land to be unencumbered - The CBI contend India Law Library Docid # 1604057
(727) KHENGARBHAI LAKHABHAI DAMBHALA Vs. THE STATE OF GUJARAT [SUPREME COURT OF INDIA] 08-04-2024 Gujarat Prohibition Act, 1949 Sections 65(a)(e),81,98(2) and 116(2) and Penal Code, 1860 (IPC) - Sections 465, 468, 471 and 114 - Penalty for illegal import, etc., of intoxicant or hemp - The appellant sought the release of a vehicle seized in connection with a FIR for offences under the Gujarat Prohibition Act and IPC - The main issue was whether the vehicle should be released before the final judgment, considering the quantity of seized liquor exceeded the prescribed limit - The appellant clai India Law Library Docid # 1604058
(728) PATHAPATI SUBBA REDDY (DIED) BY L.Rs. AND OTHERS Vs. THE SPECIAL DEPUTY COLLECTOR (LA) [SUPREME COURT OF INDIA] 08-04-2024 Land Acquisition Act, 1894 - Section 18 - Limitation Act, 1963 - Section 3 - Land in Gandluru, Andhra Pradesh was acquired in 1989 for the Telugu Ganga Project - Claimants sought higher compensation, leading to a reference under Section 18 of the Land Acquisition Act - The main issue was the inordinate delay of 5659 days in filing an appeal against the dismissal of the reference by the heirs of deceased claimant No. 11 - The petitioners argued they were unaware of the reference's dismissal until India Law Library Docid # 1604059
(729) RAJ REDDY KALLEM Vs. THE STATE OF HARYANA AND ANOTHER [SUPREME COURT OF INDIA] 08-04-2024 Penal Code, 1860 (IPC) — Sections 406, 420, and 120B — Negotiable Instruments Act, 1881 — Section 138 — In 2012, the complainant paid Rs.1.55 crore to the appellant's company for a machine that was never delivered — The appellant issued cheques that were dishonored, leading to legal proceedings — Whether the appellant's failure to repay the amount and the dishonored cheques constitute criminal liability under Section 138 of the NI Act and Sections 406, 420, and 120B of the IPC — The appellant ar India Law Library Docid # 1604322
(730) SHIVANI TYAGI Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 05-04-2024 Criminal Procedure Code, 1973 (CrPC) — Section 389 — The case involves an acid attack victim challenging the suspension of the life imprisonment sentence of the convicted individuals and their release on bail — Whether the High Court's decision to suspend the sentence and grant bail was justified, considering the severity of the crime and the legislative intent of Section 389 of the Cr.PC — The victim argued that the High Court did not apply its mind and failed to consider relevant factors, such India Law Library Docid # 2417265
(731) ANNAPURNA B. UPPIN AND OTHERS Vs. MALSIDDAPPA AND ANOTHER [SUPREME COURT OF INDIA] 05-04-2024 Consumer Law - Whether respondent file a complaint under the CPA considering the investment was made in a partnership firm attracts Consumer Protection Act - The case involves a dispute over a Rs. 5 lakh investment in a partnership firm, with allegations of non-payment and deficiency in service - The main issue is whether the complaint is maintainable under the Consumer Protection Act, considering the nature of the partnership and the investment - The appellants argue they were not partners in t India Law Library Docid # 1604045
(732) DEEP MUKERJEE Vs. SREYASHI BANERJEE [SUPREME COURT OF INDIA] 05-04-2024 Hindu Marriage Act, 1955 - Section 9 and 13(1) (ia) - Divorce - The parties were married and moved to the UK, living together for 7½ years - Disputes arose after returning to India, leading to separation in April 2021 - Wife sought a divorce on grounds of the husband’s impotency - The appeals challenge the High Court’s order which set aside the Trial Court’s decision allowing medical tests for the appellant/husband and respondent/wife - The appellant/husband is willing to undergo a potentiali India Law Library Docid # 1604047
(733) M/S. JAIPRAKASH INDUSTRIES LTD. (PRESENTLY KNOWN AS M/S. JAIPRAKASH ASSOCIATES LTD.) Vs. DELHI DEVELOPMENT AUTHORITY [SUPREME COURT OF INDIA] 05-04-2024 Sick Industrial Companies (Special Provisions) Act, 1985 - Section 32 - Companies Act, 1956 - Section 394 - The case involves perpetual lease deeds executed in favor of M/s. Jaiprakash Associates Pvt Ltd for certain plots, and subsequent events including amalgamation and name changes of the involved companies - The primary issue is whether the amalgamation of companies and the resulting transfer of leasehold rights amount to a transfer under the lease deed, requiring payment of unearned increase India Law Library Docid # 1604048
(734) MANIKANDAN Vs. STATE BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 05-04-2024 Penal Code, 1860 - Section 302 read with 34 – The appellants were convicted for the murder -The incident involved an altercation over undelivered idlis, leading to a fatal assault with a billhook - The main issue was the credibility of the eyewitnesses, who were related to the deceased and allegedly tutored by the police, and the timing of the incident as reported in the FIR versus the post-mortem notes - The defense argued that the incident occurred in a sudden fight without premeditation, sug India Law Library Docid # 1604049
(735) AQEEL AHMAD Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-04-2024 Penal Code, 1860 (IPC) - Sections 147, 148, 149, 302, 336 and 427 - Murder – Cancellation of Bail - The case involves the grant of bail - The appeals challenge the High Court’s orders granting bail, with the informant contesting the decisions - The appellant (informant) argued that the accused were granted bail without proper consideration of their involvement in the serious crime and despite objections from the State counsel - The respondents (accused) claimed they were falsely implicated and t India Law Library Docid # 1604050
(736) STATE OF MAHARASHTRA AND ANOTHER Vs. NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD. [SUPREME COURT OF INDIA] 05-04-2024 Bombay Stamp Act, 1958 - Section 9 - Refund of stamp duty paid for an increase in share capital - The core issue was whether Form No. 5, used to notify an increase in share capital, is an instrument liable for stamp duty under the Bombay Stamp Act, and if the maximum cap on stamp duty applies to each increase or as a one-time measure - The State argued that each increase in share capital is a separate taxing event, requiring fresh stamp duty, and that the maximum cap introduced later does not af India Law Library Docid # 1604052
(737) CHANDAN Vs. THE STATE (DELHI ADMN.) [SUPREME COURT OF INDIA] 05-04-2024 Penal Code, 1860 (IPC) – Section 302 – Murder - The appellant was convicted for the murder -The incident occurred in daylight with a reliable eyewitness, who saw Appellant stabbing the deceased multiple times - The main issue was the credibility of the eyewitness testimony and the evidence linking Appellant to the murder, including the recovery of the murder weapon with matching bloodstains - The defence questioned the manner of recovery of the knife and argued that the prosecution failed to es India Law Library Docid # 1604053
(738) THE STATE OF MADHYA PRADESH Vs. SHILPA JAIN AND OTHERS [SUPREME COURT OF INDIA] 05-04-2024 Madhya Pradesh Land Revenue Code, 1959 - Section 248 – Penal Code, 1860 (IPC) - Sections 420, 466, 467, 468, 471 and 120B – The case involves a property dispute where the State of Madhya Pradesh appealed against the quashing of an FIR related to fraudulent property transactions - The main issue was whether the High Court was correct in quashing the FIR under Section 482 CrPC, assuming the State failed to prove its title over the disputed property - The State argued that the High Court erred in i India Law Library Docid # 1604060
(739) UTPAL MANDAL @ UTPAL MONDAL Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 04-04-2024 Protection of Children from Sexual Offences Act, 2012 — Section 33(7) — Penal Code, 1860 (IPC) — Section 228A — The petitioner sought anticipatory bail in connection with FIR No. 708 dated 03.11.2022 —The main issue was whether the petitioner deserved anticipatory bail —The Supreme Court dismissed the petition for anticipatory bail, noting that the mandatory requirements of Section 33(7) of the POCSO Act and Section 228A of the IPC were not followed —The Court emphasized the importance of protec India Law Library Docid # 2417266
(740) YOGESH @ SONU THARU Vs. THE STATE [SUPREME COURT OF INDIA] 04-04-2024 Penal Code, 1860 (IPC) — Sections 302 and 34 — Arms Act, 1959 — Sections 25 and 27 — The appellants were convicted for murder — The incident occurred during a party where an altercation led to the shooting of the deceased — Whether the conviction under Section 302 IPC was justified and if the presence and actions of the appellants warranted the charges — The appellants argued that the presence of the key witness (PW-19) was doubtful, and the incident was not premeditated but occurred in the heat India Law Library Docid # 2417267