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(841) DUSHYANT JANBANDHU Vs. M/S HYUNDAI AUTOEVER INDIA PVT. LTD. [SUPREME COURT OF INDIA] 11-12-2024
Abuse of Process in Arbitration — The Court held that filing a Section 11(6) petition under the Arbitration and Conciliation Act, 1996, as an abuse of process when the disputes are clearly non-arbitrable and pending before statutory authorities is impermissible — The petition was deemed an attempt to threaten the appellant for exercising his rights under the Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947.
India Law Library Docid # 2420707

(842) BABY SAKSHI GREOLA Vs. MANZOOR AHMAD SIMON AND ANOTHER [SUPREME COURT OF INDIA] 11-12-2024
Motor Vehicles Act, 1988 — Section 166 — 75% mental retardation and lifelong dependency — Enhancement of Compensation —Supreme Court allowed the appeal of claimant, who suffered grievous injuries in a motor vehicle accident, and significantly enhanced the compensation awarded — The Court found that the High Court's assessment was inadequate, particularly under heads like pain and suffering, loss of marriage prospects, and attendant charges — It reasoned that given claimant’s 75% mental retardati
India Law Library Docid # 2420708

(843) DALIBEN VALJIBHAI AND OTHERS Vs. PRAJAPATI KODARBHAI KACHRABHAI AND ANOTHER [SUPREME COURT OF INDIA] 11-12-2024
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Suit for cancellation of a sale deed, filed 13 years after the deed's execution, cannot be rejected at the threshold based on limitation if the plaintiffs claim they only gained knowledge of the fraudulent sale deed within 3 years of filing the suit — The court emphasized that limitation begins from the date of knowledge of the fraud, not necessarily the date of registration of the deed — The Court stated that the plaint's averments must be ta
India Law Library Docid # 2421500

(844) MENDAR SINGH @ VIJAY SINGH Vs. STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 10-12-2024
Penal Code, 1860 — Sections 302 and 34 — Arms Act, 1959 — Section 27 —Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14A(2) — The appellant was initially granted bail by the High Court on December 8, 2022 — The High Court rejected an application to modify the bail order on February 15, 2023 but directed the Registrar General to conduct an inquiry into the matter — Following the inquiry, the High Court recalled its earlier bail order on August 25, 2023,
India Law Library Docid # 2421116

(845) PARVIN KUMAR JAIN Vs. ANJU JAIN [SUPREME COURT OF INDIA] 10-12-2024
Hindu Marriage Act, 1955 — Section 24 — Irretrievable Breakdown of Marriage —The Court reaffirmed its discretionary power under Article 142 of the Constitution of India to dissolve a marriage that has irretrievably broken down — Factors such as the period of cohabitation, separation, attempts at reconciliation, and nature of allegations between the parties are to be considered in determining irretrievable breakdown.
India Law Library Docid # 2420655

(846) MUTHUPANDI Vs. STATE THROUGH THE INSPECTOR OF POLICE, NILAKOTTAI STATION, DINDIGUL [SUPREME COURT OF INDIA] 10-12-2024
Criminal Procedure Code, 1973 (CrPC) — Section 357(3) — Penal Code, 1860 (IPC) — Sections 279 and 304A — Death by Rash and Negligent Driving — Use of Section 357(3) CrPC for Compensation — The court established a precedent that under Section 357(3) of the Code of Criminal Procedure, the judiciary has the discretion to award compensation to the victims or their families in lieu of or in addition to imprisonment, especially in cases of rash and negligent driving leading to death.
India Law Library Docid # 2420656

(847) JAYEDEEPSINH PRAVINSINH CHAVDA AND OTHERS Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 10-12-2024
Penal Code, 1860 (IPC) — Sections 306, 498A and 114 — Abetment to Suicide —The deceased wife committed suicide after alleged physical and mental harassment by her husband and in-laws, including the sale of her streedhan ornaments — Whether the appellants should be discharged from charges under Sections 306 and 498A IPC — The appellants claimed no mens rea or direct involvement in the suicide, while the prosecution argued harassment constituted cruelty — The Court held that while cruelty under Se
India Law Library Docid # 2420657

(848) CHANDIGARH ADMINISTRATOR AND OTHERS. AND ETC. ETC. Vs. MANJIT KUMAR GULATI AND OTHERS AND ETC. ETC. [SUPREME COURT OF INDIA] 10-12-2024
Capital of Punjab (Development and Regulation) Act, 1952 — Section 2(k) — “transferee” — The appellants sold a plot on lease to allottees who defaulted on payments, leading to lease cancellation by statutory authorities — The allottees and an alleged tenant challenged these actions in the High Court, which restored the plot — Legitimacy of the High Court's decision to restore the plot, and the tenant's standing to challenge the lease cancellation — Appellants argued the allottees' defaults justi
India Law Library Docid # 2420658

(849) CHADURANGA KANTHRAJ URS AND ANOTHER Vs. P. RAVI KUMAR AND OTHERS [SUPREME COURT OF INDIA] 10-12-2024
Karnataka Town and Country Planning (Benefit of Development Rights) Rules, 2016 — Karnataka Stamp Act, 1957 — Section 45B — The landowners claimed that the Karnataka government and its agencies failed to issue Transfer of Development Rights (TDR) as ordered by the Supreme Court in 2014 and 2022, despite acquiring their land for road widening — The government argued financial hardship and sought to modify the orders but was rejected — Whether the government's delay and attempt to alter the TDR va
India Law Library Docid # 2420659

(850) DARA LAKSHMI NARAYANA AND OTHERS Vs. STATE OF TELANGANA AND ANOTHER [SUPREME COURT OF INDIA] 10-12-2024
Penal Code, 1860 (IPC) — Section 498A — Dowry Prohibition Act, 1961 — Sections 3 and 4 — The case involves a marital dispute where the wife filed an FIR against her husband and his family members, alleging dowry demands and harassment — However, the husband and his family claimed that the wife left the matrimonial home multiple times and later filed the FIR in response to his divorce notice — Whether the FIR should be quashed given the vague allegations and the context of the marital dispute — T
India Law Library Docid # 2420660

(851) NUSRAT PARWEEN Vs. STATE OF JHARKHAND [SUPREME COURT OF INDIA] 10-12-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial evidence including a property dispute and the theory of last seen together — The main issues were whether the prosecution proved the motive and the theory of last seen together beyond reasonable doubt — The appellants argued that there was no direct evidence of their presence during the crime and no proof of the alleged complaint by deceased — The State contended that the circumstantial evidence pointed to their guilt — The Supreme
India Law Library Docid # 2420661

(852) STATE OF ODISHA AND OTHERS Vs. DILIP KUMAR MOHAPATRA [SUPREME COURT OF INDIA] 10-12-2024
Service Law — Termination — Respondent was engaged as a Computer Technician for a one-year term by the Odisha State Government, was terminated prematurely in 2002 — He contested the termination, alleging lack of natural justice and unequal treatment compared to reinstated colleagues — State argues that termination was valid under temporary employment terms, and comparisons with other employees were irrelevant — Respondent contends that termination was arbitrary and unjustified, violating natural
India Law Library Docid # 2420662

(853) BANWARI AND OTHERS Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (HSIIDC) AND ANOTHER [SUPREME COURT OF INDIA] 10-12-2024
Land Acquisition Act, 1894 — Sections 18 and 28A – Scope of — Beneficent Legislation — The Court held that Section 28-A is a beneficent provision intended to remove inequality and provide relief to inarticulate and poor landowners who cannot take advantage of the right of reference under Section 18 of the 1894 Act.
India Law Library Docid # 2420563

(854) AJAY KUMAR JAIN Vs. THE STATE OF UTTAR PRADESH AND ANOTHET[SUPREME COURT OF INDIA] 09-12-2024
Constitution of India, 1950 — Articles 32 and 226 — The petitioner's writ petition was dismissed with a directive to expedite a contempt application, which was later allowed and its appeal dismissed — Despite legal victories, the petitioner fears for his safety and seeks protection from the District Judge and S.S.P., Agra, during a civil appeal — The Supreme Court found the miscellaneous application not maintainable, stating it cannot revive disposed
India Law Library Docid # 2421117

(855) LT. COL. SUPRITA CHANDEL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-12-2024
Principle of Parity and Non-Discrimination — The court reiterates the well-established legal principle that where a court grants a declaration or relief to a class of individuals, similar relief should be extended to all others similarly situated without the need for them to initiate separate legal proceedings.
India Law Library Docid # 2420554

(856) STATE OF MAHARASHTRA AND OTHERS Vs. PRADEEP YASHWANT KOKADE AND ANOTHER [SUPREME COURT OF INDIA] 09-12-2024
Delay in Execution of Death Sentence — Undue and Inordinate Delay — The Court reaffirmed that undue, unexplained, and inordinate delay in executing a death sentence can entitle the convict to approach the Court under Article 32.
India Law Library Docid # 2420560

(857) TEJ BHAN (D) THROUGH LR. AND OTHERS Vs. RAM KISHAN (D) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 09-12-2024
Hindu Succession Act, 1956 — Section 14 — Property of a female Hindu to be her absolute property — Whether a Hindu female's possession of property, especially through a will, triggers Section 14(1) or Section 14(2) — The Supreme Court aims to resolve this ambiguity through a larger bench judgment
India Law Library Docid # 2420561

(858) NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. G ATHIPATHI AND OTHERS [SUPREME COURT OF INDIA] 09-12-2024
Service Law — Deputation Service — Employees on deputation should be aware that their service period may not be considered for future promotions if they are repatriated and later join on direct recruitment.

B. Service Law — Promotion Policies — Government departments should clearly define the criteria for promotions, especially when dealing with deputation periods and gaps in service.
India Law Library Docid # 2420562

(859) TARUN DHAMEJA Vs. SUNIL DHAMEJA AND ANOTHER[SUPREME COURT OF INDIA] 06-12-2024
Arbitration and Conciliation Act, 1996 — Sections 11(6) and 12 — This case concerns the interpretation of an arbitration clause in a Partnership Deed — The Supreme Court clarified that the clause, though stating arbitration was "optional," does not mean it is non-existent or only applicable if all parties agree — Instead, an aggrieved party can invoke arbitration, and then the arbitrator is appointed by mutual consent; if no consent is reached, the court can appoint the arbitrator — The Court em
India Law Library Docid # 2421118

(860) BIRMA DEVI AND OTHERS Vs. SUBHASH AND ANOTHER[SUPREME COURT OF INDIA] 06-12-2024
Transfer of Property Act, 1882 — Section 55(1) — Specific Relief Act, 1963 — Section 22 — Dispute over the execution of a decree for specific performance of a contract — The Supreme Court addressed whether a court can order the transfer of possession of a property when the decree for specific performance does not explicitly mention the transfer of possession — The Court held that in cases where the suit property is in the possession of the contracting party, a decree for
India Law Library Docid # 2421119