(761) ASMA LATEEF AND ANOTHER Vs. SHABBIR AHMAD AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024 Civil Procedure Code, 1908 (CPC) - Order 8 Rule 10 - Failure to file written statement - Provision of Rule 10 of Order VIII, CPC is by no means mandatory in the sense that a court has no alternative but to pass a judgment in favour of the plaintiff, if the defendant fails or neglects to file his written statement - If indeed, in a given case, the defendant defaults in filing written statement and the first alternative were the only course to be adopted, it would tantamount to a plaintiff being a India Law Library Docid # 1603871
(762) SANJAY KUNDU Vs. REGISTRAR GENERAL, HIGH COURT OF HIMACHAL PRADESH AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024 The proceedings before the High Court were initiated on an email from Mr Nishant Kumar Sharma, addressed to the Chief Justice of the High Court through the Registrar General. The complainant alleged in his email, that he was facing threats emanating from two persons - “X”, a former IPS officer and “Y”, a practicing advocate. India Law Library Docid # 1603883
(763) THE STATE OF HIMACHAL PRADESH AND OTHERS Vs. YOGENDERA MOHAN SENGUPTA AND ANOTHER [SUPREME COURT OF INDIA] 11-01-2024 Himachal Pradesh Town and Country Planning Act, 1977 - Section 18 - Development Plan - Exercise of power for the preparation, finalization and approval of development plan is a power exercised by the delegatee for enacting a subordinate piece of legislation - Provisions as contained in the TCP Act provide for exercise of power by a delegatee to enact a piece of subordinate legislation - When the TCP Act empowers the State Government and the Director to exercise the powers to enact a piece of del India Law Library Docid # 1603864
(764) CONTAINER CORPORATION OF INDIA LTD. Vs. AJAY KHERA AND OTHERS [SUPREME COURT OF INDIA] 11-01-2024 National Green Tribunal Act, 2010 - Sections 14, 15 and 18(1) - Environment Pollution - Pollution created by Inland Container Depot (ICD) at Tughlakabad - ICD is used by the trucks/trailers not destined for Delhi and is used for delivery/pick up to and from locations outside Delhi - Due to the inflow of a large number of trucks/trailers to the said ICD, the air pollution in Delhi NCR has substantially increased due to the emission from trucks/trailers - After examining recommendation 3.1, the Un India Law Library Docid # 1603865
(765) DINESH GUPTA Vs. THE STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 11-01-2024 Unscrupulous litigant - Abuse of judicial remedies - A criminal complaint was filed and FIR was registered against appellants despite the commercial nature of dispute - Such ill intended acts of abuse of power and of legal machinery seriously affect the public trust in judicial functioning - Unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters - Unscrupulous liti India Law Library Docid # 1603866
(766) DELHI DEVELOPMENT AUTHORITY Vs. HELLO HOME EDUCATION SOCIETY [SUPREME COURT OF INDIA] 11-01-2024 Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 - Public Auction - Transfer of land - Whenever the State intends to transfer any land resort should be by public auction or inviting tenders. India Law Library Docid # 1603867
(767) SHAMA SHARMA Vs. KISHAN KUMAR[SUPREME COURT OF INDIA] 10-01-2024 The petitioner-wife has filed the present petition under Sec. 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for restitution of conjugal rights filed by the respondent-husband under Sec. 9 of the Hindu Marriage Act, 1955, bearing CM No. 136 of 2023, titled Kishan Kumar Vs. Shama Sharma pending before the Principal Judge, Family Court, Sri Ganga Nagar, Rajasthan to a Court of competent jurisdiction at Faridkot, Punjab. India Law Library Docid # 1883045
(768) NARESH Vs. STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 10-01-2024 Penal Code, 1860 (IPC) — Section 304 Part I and 302 — Murder of wife by setting her on fire — Whether the appellant's act of setting his wife on fire falls under Section 302 IPC or Section 304 Part-I IPC — The appellant argued that he had no intention to kill his wife and tried to extinguish the fire — He claimed the case should fall under Section 304 Part-I IPC — The respondent argued that the appellant's guilt was proven beyond reasonable doubt and the concurrent findings of the lower courts s India Law Library Docid # 2417339
(769) IN RE : T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 10-01-2024 Environmental Conservation — Mining activities — The case involves multiple applications related to mining activities, environmental concerns, and land use in various states of India, including Rajasthan and Maharashtra — The primary issues include the legality of mining activities in protected areas, the classification of land for environmental protection, and the implementation of court orders regarding environmental conservation — The court granted time extensions for filing affidavits, reque India Law Library Docid # 2417340
(770) DR. BALBIR SINGH BHANDARI Vs. THE STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 10-01-2024 Service Law - Recovery of personal/promotional pay scale benefits - Benefit of a personal/promotional pay scale was granted to Appellants/Ayurvedic Medical Officers by the State of Uttarakhand - Benefit was withdrawn under a subsequent decision of the State of Uttarakhand - By the order dated 8th November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the India Law Library Docid # 1603862
(771) ALAGAMMAL AND OTHERS Vs. GANESAN AND ANOTHER [SUPREME COURT OF INDIA] 10-01-2024 Suit for Specific Performance - Agreement to Sale - Readiness and willingness - Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and there being no willingness shown by them to pay the remaining amount or getting the Sale Deed ascribed on necessary stamp paper and giving notice to the appellants to execute the Sale Deed, it cannot be said that in the present case, judged on the anvil of the conduct of parties, especially the a India Law Library Docid # 1603863
(772) SURESH GARODIA Vs. THE STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 09-01-2024 The appellant has approached this Court being aggrieved by the order dated 22nd August 2022 passed by the learned Single Judge of the Gauhati High Court, dismissing the application filed by the appellant under Section 482 of the Criminal Procedure Code, 1973 (for short, Cr.P.C.) for quashing of criminal proceedings under Sections 376/506 of the Indian Penal Code, 1860 (for short, IPC) so also for quashing of the order dated 4th July 2017 passed by the learned Magistrate for taking cognizance und India Law Library Docid # 1882085
(773) MOHD. JULFUKAR Vs. THE STATE OF UTTARAKHAND AND ANOTHER [SUPREME COURT OF INDIA] 09-01-2024 This appeal challenges the order dated 11th October 2022, passed by the High Court of Uttarakhand in C-482 No.666 of 2020, vide which the application filed by the present appellant for quashing of the proceedings under Sections 376 and 506 of the Indian Penal Code, 1860 (for short, IPC) came to be rejected. The undisputed facts which lead to filing of the present appeal are as under:- The appellant was in relationship with the complainant. It appears that the relationship of the appellant with t India Law Library Docid # 1882347
(774) VYJYANTI MEHRA Vs. HIMACHAL PRADESH UNIVERSITY AND ANOTHER [SUPREME COURT OF INDIA] 09-01-2024 Education Law — The appellant sought compensation of Rs. 10 Lakhs from Himachal Pradesh University for revaluating subjects she did not apply for, which reduced her total marks — The trial court awarded her Rs. 4 Lakhs in damages, but the High Court dismissed the suit — Whether the revaluation of subjects not applied for by the appellant was justified and whether the appellant was entitled to damages — The Supreme Court set aside the High Court's judgment and restored the trial court's award of India Law Library Docid # 2417341
(775) M/S. K.P. MOZIKA Vs. OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS [SUPREME COURT OF INDIA] 09-01-2024 Constitution of India, 1950 - Article 366(29A)(d) - Finance Act, 1994 - Section 65(105)(zzzzj) - Transfer of right to use the goods - In every case where the owner of the goods permits another person to use goods, the transaction need not be of the transfer of the right to use the goods - It can be simply a license to use the goods which may not amount to the transfer of the right to use - Essentially, the transfer of the right to use will involve not only possession, which may be granted at som India Law Library Docid # 1603861
(776) ANJUM ARA Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024 The present appeal challenges the judgment and order dated 28th November 2022 passed by the Division Bench of the High Court of Judicature at Patna in Letters Patent Appeal (LPA) No. 1853 of 2016 in Civil Writ Jurisdiction Case (CWJC) No. 17585 of 2015, thereby dismissing the appeal filed by the present appellant. The facts, in brief, giving rise to the present appeal are as under: On 17th October 2012, District Programme Officer, Katihar published a notice for selection of Anganwari Workers/Sev India Law Library Docid # 1882084
(777) JAIPUR VIDYUT VITRAN NIGAM LTD. AND OTHERS Vs. MB POWER (MADHYA PRADESH) LIMITED AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024 Constitution of India, 1950 - Article 226 - Writ of Mandamus - Contractual Matters - In any case, the High Court, by the impugned judgment and order, could not have issued a mandamus to the instrumentalities of the State to enter into a contract, which was totally harmful to the public interest - Award of a contract, whether it is by a private party or by a public body or the State, is essentially a commercial transaction - In arriving at a commercial decision, considerations which are paramount India Law Library Docid # 1603858
(778) BILKIS YAKUB RASOOL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-01-2024 Criminal Procedure Code, 1973 (CrPC) - Sections 432, 433 and 433A - Penal Code, 1860 (IPC) - Sections 143, 147, 302, 376(2)(e) and 376(2)(g) - Bilkis Bano Gang Rape Case - Setting Aside of Remission Orders of 11 Convicts - Charges of Murders and Gang Rapes During 2002 Communal Riots in Gujarat - Application for remission under Section 432 of the CrPC could be only before the Government of the State within whose territorial jurisdiction the applicant was convicted (appropriate Government) and not India Law Library Docid # 1603860
(779) JITENDRA KUMAR MISHRA @ JITTU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 05-01-2024 Criminal Procedure Code, 1973 (CrPC) - Section 386 - Interfering with conviction and sentence - Power of Appellate Court - Appellate court should be slow in interfering with the conviction recorded by the courts below but where the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken, the appellate court should not shy away in giving the benefi India Law Library Docid # 1603854
(780) PRADEEP KUMAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 05-01-2024 Penal Code, 1860 (IPC) - Section 302 read with Section 34 - Murder - Circumstantial Evidence - While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies - Conviction and sentence is set-aside - Appeal allowed. India Law Library Docid # 1603855