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(801) 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

(802) 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

(803) 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

(804) 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

(805) 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

(806) 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

(807) 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

(808) 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

(809) 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

(810) 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

(811) 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

(812) 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

(813) 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

(814) 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

(815) 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

(816) 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

(817) 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

(818) 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

(819) 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

(820) 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