(821) SAMBHUBHAI RAISANGBHAI PADHIYAR Vs. STATE OF GUJARAT[SUPREME COURT OF INDIA] 17-12-2024 Penal Code, 1860 (IPC) — Sections 302, 364, and 377 — Protection of Children from Sexual offences Act, 2012 — Sections 4, 6, 29 and 30 — Kidnapping, sexual assault and murder of 4 year child — The Court clarified that where foundational facts exist for an offence under Section 5 of the POCSO Act, a presumption under Section 29 can be raised. Section 30 allows the accused to prove the absence of a culpable mental state. India Law Library Docid # 2420821
(822) ATHAR PARWEZ Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 17-12-2024 Penal Code, 1860 (IPC) — Sections 120, 120B, 121, 121A and 153A—Unlawful Activities (Prevention) Act, 1967 — Accused under the UAPA can be granted bail if there are no reasonable grounds to believe that the accusations against them are prima facie true, and if their long incarceration without trial violates Article 21 of the Constitution. India Law Library Docid # 2420822
(823) NORTH DELHI MUNICIPAL CORPORATION Vs. M/S. S.A. BUILDERS LTD.[SUPREME COURT OF INDIA] 17-12-2024 Arbitration and Conciliation Act, 1996 — Section 31(7)(b) — Power of Arbitrator to Grant Post-Award Interest on Pre-Award Interest — The sum directed to be paid by an arbitral award includes the principal amount plus the interest accrued from the date of the cause of action to the date of the award — Therefore, post-award interest can be calculated on this composite amount — Arbitrators have the power to grant interest on the interest already awarded (compound interest) under Section 31(7)(b) of India Law Library Docid # 2420823
(824) RAJENDRA KUMAR BARJATYA AND ANOTHER Vs. U.P. AVAS EVAM VIKAS PARISHAD AND OTHERS[SUPREME COURT OF INDIA] 17-12-2024 Unauthorized Constructions — Demolition — Illegality cannot be legitimised — The court has consistently held that illegal or unauthorized constructions cannot be legitimized or protected merely because time has passed, authorities have been inactive, or significant money has been invested. India Law Library Docid # 2421068
(825) KARAMJIT SINGH Vs. AMANDEEP SINGH AND ANOTHER[SUPREME COURT OF INDIA] 17-12-2024 Motor Accident Claims — Skilled Labor Classification — A carpenter is to be classified as a skilled worker, not an unskilled laborer, for the purpose of calculating compensation in motor accident claims — This classification is based on the manual dexterity and precision required in carpentry, as recognized in previous judgments. India Law Library Docid # 2422019
(826) ANKUSH VIPAN KAPOOR Vs. NATIONAL INVESTIGATION AGENCY[SUPREME COURT OF INDIA] 16-12-2024 National Investigation Agency, 2008 — Sections 6 and 8 — Interpretation of Section 8 — Broad Interpretation — The Court interpreted Section 8 of the NIA Act expansively, holding that it allows the NIA to investigate any other offence committed by an accused if that offence is connected with a Scheduled Offence being investigated by the NIA. India Law Library Docid # 2420820
(827) BHARTI ARORA Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 13-12-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 36-A(5) — Trial Procedure under NDPS Act for offences punishable up to three years — Section 36-A(5) of the NDPS Act — This provision mandates that offences punishable under the NDPS Act with imprisonment for a term of not more than three years must be tried summarily. India Law Library Docid # 2420736
(828) PARTHA CHATTERJEE Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 13-12-2024 Prevention of Corruption Act, 1988 — Sections 7, 7A and 8 — Penal Code, 1860 (IPC) — Sections 120B, 420, 467, 468, 471 and 34 — Balancing Public Interest and Personal Liberty — The Court emphasized the need to balance the public interest in ensuring the accused's presence during trial with the fundamental right to personal liberty under Article 21 of the Constitution — It highlighted that prolonged incarceration without conclusion of trial unjustly deprives the accused of their liberty. India Law Library Docid # 2420737
(829) GEORGE Vs. THE STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 Penal Code, 1860 (IPC) — Sections 294(b), 341, 302 and 506(ii) — Reliability of Sole Witness Testimony — The Court reiterates that while a conviction can be based on the sole testimony of a witness, the principle ‘falsus in uno, falsus in omnibus’ (false in one, false in all) does not automatically apply in Indian criminal jurisprudence — However, the Court emphasizes that the testimony of a sole witness, especially an interested witness, must be scrutinized with great caution and circumspectio India Law Library Docid # 2420738
(830) MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. VIVEK V. GAWDE ETC. ETC. [SUPREME COURT OF INDIA] 13-12-2024 Mumbai Municipal Corporation Act, 1888 — Section 105B(1) and 105H — Eviction Proceedings — Summary Nature of Proceedings — Eviction proceedings under Chapter V-A of the Act are summary in nature, requiring notice to the occupant and an opportunity to defend. India Law Library Docid # 2420739
(831) UNION OF INDIA AND OTHERS Vs. ROHIT NANDAN [SUPREME COURT OF INDIA] 13-12-2024 Caste categorization — The Court clarified that state notifications altering the caste categorization from OBC to SC or vice versa without parliamentary approval are invalid — This sets a precedent for similar cases where state governments attempt to change caste classifications without constitutional authority. India Law Library Docid # 2420740
(832) INDORE DEVELOPMENT AUTHORITY Vs. DR. HEMANT MANDOVRA [SUPREME COURT OF INDIA] 13-12-2024 Consumer Law — Housing — Allotment — Respondent was allotted a plot by Indore Development Authority in 1995 but failed to deposit the full amount by the deadline — The authority canceled the allotment, but respondent successfully challenged this in the High Court, which ordered the authority to reinstate the allotment and accept the late payment — Subsequent legal battles in consumer forums and the National Commission led to orders directing the authority to handover possession upon receipt of t India Law Library Docid # 2420741
(833) URBAN IMPROVEMENT TRUST Vs. SMT. VIDHYA DEVI AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 Rajasthan Urban Improvement Act, 1959 — Section 52(2) — Notice Requirements — Individual notices under Section 52(2) of the RUI Act were not served, but constructive notice was given as landowners participated in proceedings — Improper service of notice invalidated the acquisition notification for Moongaska land but not for Nangli Kota lands. India Law Library Docid # 2420742
(834) OM PRAKASH YADAV Vs. NIRANJAN KUMAR UPADHYAY AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 Criminal Procedure Code, 1973 (CrPC) — Section 197 — Scope of Section 197 —Not a Universal Rule — The Court clarified that there cannot be a one-size-fits-all rule for determining whether an act falls under Section 197 CrPC — Each case must be decided based on its unique facts and circumstances. India Law Library Docid # 2420743
(835) CELIR LLP Vs. MR. SUMATI PRASAD BAFNA AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 SARFAESI Act and Auction Proceedings — Auction Notice Period — The Court clarified that for subsequent auctions after the first failed auction, a 15-day notice period between the notice of sale and the auction date is sufficient, as per the proviso to Rule 9(1) of the SARFAESI Rules. India Law Library Docid # 2420744
(836) ALURI VENKATA RAMANA Vs. ALURI THIRUPATHI RAO AND OTHERS[SUPREME COURT OF INDIA] 12-12-2024 Penal Code, 1860 (IPC) — Section 498A — Scope and Application — Section 498A IPC applies to cases of cruelty by husbands/relatives, protecting women from physical/mental cruelty and harassment for unlawful demands. India Law Library Docid # 2422652
(837) PROPOSED VAIBHAV COOPERATIVE HOUSING SOCIETY LIMITED Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 12-12-2024 Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 —Transparency in Land Allotment — Rule 27 — Rule of Disclosure —The Court stressed the importance of transparency in the allotment of government land. It highlighted that reasons for discretionary allotments must be disclosed in writing (Clause 12(8) of GR 1999). India Law Library Docid # 2420733
(838) NAVRATAN LAL SHARMA Vs. RADHA MOHAN SHARMA AND OTHERS[SUPREME COURT OF INDIA] 12-12-2024 Civil Procedure Code, 1908 (CPC) — Order 23 Rule 3A, Order 43 Rule 1(m) and Section 96(3) — Restoration of Appeal as a Statutory Right — The Supreme Court reaffirms that restoration of a dismissed appeal is a statutory right available to a party under Order 23, Rule 3A of the Code of Civil Procedure (CPC), provided the conditions for restoration are met — The court clarifies that denying restoration simply because the original order did not explicitly grant liberty to restore is incorrect and de India Law Library Docid # 2420734
(839) ARJUN S/O RATAN GAIKWAD Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 11-12-2024 Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 — Section 3(2) — Distinction Between Law and Order and Public Order — Public Order involves disturbances that subvert the public order and have a broader impact on the community or general public, evoking feelings of fear, panic, or insecurity —Law and Order deals with breaches of peace India Law Library Docid # 2420735
(840) SMT. NARESH KUMARI AND OTHERS Vs. SMT. CHAMELI AND OTHERS [SUPREME COURT OF INDIA] 11-12-2024 Onerous Gifts and Forced Labor — The Court established that a gift conditioned upon perpetual, unpaid services would be unconstitutional and amount to forced labor, violating fundamental rights under Articles 14, 21, and 23 of the Constitution. India Law Library Docid # 2420706