(801) VEENA GUPTA AND ANOTHER Vs. CENTRAL POLLUTION CONTROL BOARD AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024 These appeals arise out of two orders passed by the National Green Tribunal (Tribunal for short). The main order arises out of an ex parte order in suo motu proceedings holding the appellants to be guilty and directing payment of compensation. The second order is the dismissal of the review petition filed by the appellant No.2 alleging that he had not been given an opportunity before an adverse order was passed naoain st him. For the reasons to follow, we set aside the orders and remand the matt India Law Library Docid # 1882516
(802) STATE OF UTTAR PRADESH Vs. IN RE CONSTITUTION OF EDUCATION TRIBUNALS (SUO MOTO) [SUPREME COURT OF INDIA] 30-01-2024 Uttar Pradesh Service Tribunal Act, 2021 — The appeal challenges an order by the Allahabad High Court regarding the establishment of Education Tribunals under the Uttar Pradesh Service Tribunal Act, 2021 — The main issue is whether the High Court's interim order encroaches upon the legislative and executive domains by requiring the State to establish the Tribunal only after the Court's leave — The State of Uttar Pradesh argues that the High Court's interim directions should be stayed until the m India Law Library Docid # 2417327
(803) PRABHU Vs. THE STATE REP BY THE INSPECTOR OF POLICE AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024 Penal Code, 1860 (IPC) — Sections 417 and 306 — Tamil Nadu Prohibition of Harassment of Woman Act, 2002 — Section 4 — The case involves the appellant, who was accused of abetting the suicide — They were in a relationship, and ‘K’ committed suicide after appellant’s family arranged his marriage to someone else — Whether the appellant's actions constituted abetment of suicide under Section 306 IPC and cheating under Section 417 IPC, along with harassment under Section 4 of the TNPHW Act — The Sup India Law Library Docid # 2417328
(804) VINOD KUMAR AND OTHERS ETC. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024 Service Law — Regularization and Absorption — The appellants were appointed as temporary Accounts Clerks in 1992 and have been continuously working for over 25 years — Whether the appellants are entitled to regularization and absorption into permanent posts — The appellants argued that their continuous service and the nature of their duties warrant regularization — The respondents maintained that the appellants' appointments were temporary and scheme-based, not entitling them to regularization — India Law Library Docid # 2417329
(805) SHATRUGHNA ATMARAM PATIL AND OTHERS Vs. VINOD DODHU CHAUDHARY AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024 Property Dispute – Dispute over illegal demolition - The case involves a dispute over premises owned by ‘R’ later sold to five individuals - The tenants filed a complaint alleging illegal demolition and coercion by the deceased owner's brother, widow, and police personnel - The complaint initially faced challenges, leading to a revision by the Sessions Judge, which directed registration and investigation - The accused, including police personnel, appealed to the High Court, which upheld the orde India Law Library Docid # 1603898
(806) SHEIKH ARIF Vs. THE STATE OF MAHARASHTRA AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024 Penal Code, 1860 (IPC) – Sections 376(2), 377, 504, 506 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 - Section 3 – Rape - Consensual relationship - Quashing of Criminal Proceedings - The appellant faced charges under above section, based on an FIR filed by the second respondent - The complaint alleged a consensual relationship with the appellant, false promises of marriage, and subsequent marriage to another woman - The appellant contended a valid Nikah with the India Law Library Docid # 1603899
(807) BAITULLA ISMAIL SHAIKH AND ANOTHER Vs. KHATIJA ISMAIL PANHALKAR AND OTHERS [SUPREME COURT OF INDIA] 30-01-2024 Maharashtra Rent Control Act 1999 - Section 16(1)(i) - When landlord may recover possession - The Bombay High Court, in a judgment dated 4th August 2015, set aside the eviction decrees passed against the tenants in two separate suits filed by the landlords - The tenants had challenged the eviction orders on the ground that they were not bona fide requirements of the landlords - The landlords had sought eviction of the tenants on the grounds that they required the premises for demolition and cons India Law Library Docid # 1603900
(808) AMIT KUMAR DAS, JOINT SECRETARY, BAITANIK, A REGISTERED SOCIETY Vs. SHRIMATI HUTHEESINGH TAGORE CHARITABLE TRUST [SUPREME COURT OF INDIA] 30-01-2024 Contempt of Courts Act, 1971 - Section 2(b) - ‘civil contempt’ - This case involves a dispute related to contempt of court arising from a stay order passed in an appeal - The contemnor allegedly violated the stay order by letting out the premises for exhibitions, prompting the Trust to initiate contempt proceedings - Instead of proceeding with contempt proceedings, the High Court vacated the stay order, allowing the Trust to execute the decree - The contemnor challenged this decision, arguing th India Law Library Docid # 1603901
(809) SACHIN GARG Vs. STATE OF U.P AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024 Criminal Law - Allegations do not establish the ingredients of criminal offences - Dispute between the parties was essentially a commercial nature - Appellant, who was the Head of the factory of Exide Industries Limited ("EIL"), is involved in a dispute with the respondent, who runs a proprietary concern named Ambika Gases - The dispute revolves around a purchase order for the supply of Dissolved Acetylene Gas ("DA Gas"), used in manufacturing batteries at the EIL factory - The original purchase India Law Library Docid # 1603902
(810) GULSHAN BAJWA Vs. REGISTRAR, HIGH COURT OF DELHI AND ANOTHER [SUPREME COURT OF INDIA] 30-01-2024 Contempt of Courts Act, 1971 – Legal proceedings related to criminal contempt of court - The case involves a practicing advocate and former army personnel who was convicted by the High Court of Delhi under the Contempt of Courts Act, 1971 - The appellant's actions include making threats to a lady advocate, failing to appear in court, filing baseless allegations, and engaging in a pattern of contemptuous behavior - The High Court found the appellant guilty and sentenced him to three months of civ India Law Library Docid # 1603903
(811) PRIYANKA PRAKASH KULKARNI Vs. MAHARASHTRA PUBLIC SERVICE COMMISSION [SUPREME COURT OF INDIA] 29-01-2024 Service Law – Reservation - Appellant a State Tax Officer, applied for a competitive exam under the 'Open General Category' due to her inability to produce a valid Non-Creamy Layer (NCL) certificate by the deadline - The main issue was whether Appellant could benefit from female reservation after obtaining an NCL certificate following a corrigendum that relaxed the submission deadline – Appellant argued that she was eligible for the 'Reserved Female Category' after the corrigendum allowed submis India Law Library Docid # 1882509
(812) PRIYANKA PRAKASH KULKARNI Vs. MAHARASHTRA PUBLIC SERVICE COMMISSION [SUPREME COURT OF INDIA] 29-01-2024 The decision of the Division Bench of the High Court of Judicature at Bombay (the High Court) wherein the High dismissed Writ Petition No. 9040 of 2023; and consequently, granted imprimatur to the decision of the Maharashtra Administrative Tribunal, Mumbai (the MAT) dated 07.07.2023 in Original Application No. 396 of 2023 (the OA) is assailed before us (the Impugned Order). An advertisement was issued by the Respondent on 11.05.2022 in relation to the State Services Preliminary Examination for t India Law Library Docid # 1882518
(813) IDU THROUGH LRS. AND OTHERS Vs. NIZAM DIN (D) THROUGH LRS. [SUPREME COURT OF INDIA] 29-01-2024 Suit for title and injunction — The appellant filed a suit for title and injunction based on two sale deeds and adverse possession — The Trial and Appellate Courts held that the appellant was in adverse possession — Whether a plaintiff can maintain a suit for adverse possession — The appellant argued that they were in adverse possession and sought a declaration of title — The respondent contended that a suit for adverse possession is not maintainable by the plaintiff — The High Court dismissed t India Law Library Docid # 2417330
(814) MAMTA SHAILESH CHANDRA Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 29-01-2024 Penal Code, 1860 (IPC) — Sections 420 & 409 — The appellant was a Branch Manager at a Cooperative Bank and faced allegations of financial irregularities — The High Court dismissed the appellant's plea to quash the FIR because a chargesheet had been filed after the petition — The Supreme Court set aside the High Court's order, remanding the case back to the High Court for a merit-based hearing — The appellant cannot be arrested until the High Court decides on the writ petition unless necessary du India Law Library Docid # 2417331
(815) GAURAV KUMAR @ MONU Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 29-01-2024 Juvenile Justice (Care and Protection of Children) Rules, 2007 — Rule 12 — The petitioner sought a review of a judgment dated 15.02.2019 regarding the question of juvenility — The main issue was whether the Juvenile Justice (Care and Protection of Children) Rules, 2001 or 2007 should be applied in determining the petitioner's juvenility — The petitioner argued that there was a manifest error in the judgment, as it should have referred to the 2007 Rules instead of the 2001 Rules — The respondent India Law Library Docid # 2417332
(816) IDU THROUGH LRS. AND OTHERS Vs. NIZAM DIN (D) THROUGH LRS. [SUPREME COURT OF INDIA] 29-01-2024 Adverse Possession — The appellant filed a suit for title and injunction based on two sale deeds and adverse possession — The Trial and Appellate Courts ruled in favor of the appellant — Whether a plaintiff can maintain a suit for adverse possession — The Supreme Court set aside the High Court's judgment, allowing the appeals based on the precedent that a plaintiff can seek a declaration of title by adverse possession — The High Court's decision was overturned because it was inconsistent with th India Law Library Docid # 2417399
(817) DASHRATH SAHU Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 29-01-2024 Penal Code, 1860 (IPC) – Sections 354 and 451 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(xi) - Conviction - The Supreme Court upheld the conviction of the accused for the offences punishable under Sections 354 and 451 IPC, but overturned his conviction for the offence punishable under Section 3(1)(xi) SC/ST Act. The Court held that the prosecution had failed to prove beyond a reasonable doubt that the accused had assaulted the victim with the inte India Law Library Docid # 1603892
(818) P.C. JAIN Vs. DR. R.P. SINGH [SUPREME COURT OF INDIA] 29-01-2024 Consumer Law - Medical Negligence - The appellant filed a consumer complaint against the respondent alleging medical negligence in a surgical procedure that resulted in the loss of vision in his left eye - The appellant initially received compensation from the District Consumer Disputes Redressal Commission (DCDRC), but the respondent appealed and won, arguing that the DCDRC lacked jurisdiction - The appellant then appealed to the National Consumer Disputes Redressal Commission (NCDRC), which re India Law Library Docid # 1603893
(819) SANJAY UPADHYA Vs. ANAND DUBEY [SUPREME COURT OF INDIA] 29-01-2024 Constitution of India, 1950 - Article 19(1)(a) - Penal Code, 1860 (IPC) - Section 500 - Defamation - Quashing of complaint - A complaint has been filed against the appellant/accused, the registered owner of the 'Sunday Blast' newspaper - Allegation is that the accused allowed the publication of a news article in the February 24, 2013 edition with the title "Advocate ne pan masala vyavasayi par karaya jhuta mamla darj," - Order passed by Magistrate First Class, Hoshangabad rejecting the complaint India Law Library Docid # 1603894
(820) DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH(CSIR) Vs. J.K. PRASHAR AND OTHERS [SUPREME COURT OF INDIA] 29-01-2024 Service Law - Promotion –Promotion of respondent nos. 2 and 3 on the post of Under Secretary - The Court found that respondent no. 1 was eligible to be promoted to the post of Under Secretary because he had been appointed as Section Officer - The Court also found that the appellant-CSIR had not disputed this fact in its reply before the High Court - The Court further found that the appellant-CSIR's argument that respondent no. 1 was not graded as 'Good' whereas respondent nos. 2 & 3 were grad India Law Library Docid # 1603895