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(841) BOMBAY MERCANTILE COOPERATIVE BANK LTD. THROUGH ITS AUTHORIZED SIGNATORY Vs. M/S U.P GUN HOUSE AND OTHERS [SUPREME COURT OF INDIA] 22-01-2024
In 1996, Saeedul Hasan Khan, sole proprietor of the Gun House took loan of Rs. 2,00,000/- (rupees two lakhs only) from the Cooperative Bank to establish a firearms business. The loan was secured by mortgaging immovable property.
India Law Library Docid # 1603908

(842) AXIS BANK LIMITED Vs. NAREN SETH AND ANOTHER [SUPREME COURT OF INDIA] 19-01-2024
Constitution of India, 1950 - Articles 226, 12 and 14 – Commercial Contract – The Ministry of Petroleum and Natural Gas allocated natural gas to IPCL, which entered into a contract with GAIL. IPCL was mandated to lay its own pipelines and did so, but GAIL levied 'loss of transportation charges - The main issue was the maintainability of a writ petition against clauses in a commercial contract between two public sector enterprises, and whether the levying of transportation charges was discrimina
India Law Library Docid # 1882506

(843) AXIS BANK LIMITED Vs. NAREN SHETH AND ANOTHER [SUPREME COURT OF INDIA] 19-01-2024
Delay condoned. This application is filed by the applicantappellant seeking clarification of the judgment dated 12.09.2023 passed in Civil Appeal No.2085 of 2022. Heard learned counsel for the parties. The word unsecured creditor referred to in paragraph 20 of the judgment be now read as secured creditor. Judgment dated 12.09.2023 is corrected to the above extent only.
India Law Library Docid # 1882520

(844) SADAF IMRAN Vs. UTTAR PRADESH PUBLIC SERVICE COMMISSION [SUPREME COURT OF INDIA] 19-01-2024
Judicial Service Examination — The petitioner applied for the Uttar Pradesh Judicial Service Examination 2022 — Despite submitting her documents on time online, the hard copies reached the commission a day late — Whether the petitioner's candidature should be rejected due to the delayed submission of hard copies — The petitioner argued that she had sent the documents via speed post on time and should not be penalized for the delay caused by postal services — The State Commission argued that acce
India Law Library Docid # 2417336

(845) KUSHA DURUKA Vs. THE STATE OF ODISHA [SUPREME COURT OF INDIA] 19-01-2024
Bail Applications - Directions issued to streamline of bail proceedings - Mandatorily mention in a application for grant of bail: - Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided.
India Law Library Docid # 1603878

(846) RAJA GOUNDER AND OTHERS Vs. M. SENGODAN AND OTHERS [SUPREME COURT OF INDIA] 19-01-2024
Hindu Succession Act, 1955 - Section 16 - Partition Suit - Entitlement of share to the children of void or voidable marriages - If a marriage is considered void or invalid, the children born from that marriage still have a legal right to inherit their parent's property - Suit is one for partition, and the shares are dependent upon the nature of status and the time at which the partition is decreed - It is axiomatic that the shares fluctuate not only with the happening of events in the family but
India Law Library Docid # 1603879

(847) JAY SHRI AND ANOTHER Vs. STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 19-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) - Sections 420 and 406 - Anticipatory Bail - Breach of contract - Civil Dispute - Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction - Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal
India Law Library Docid # 1603880

(848) STATE BANK OF INDIA AND OTHERS Vs. THE CONSORTIUM OF MR MURARI LAL JALAN AND MR FLORIAN FRITSCH AND ANOTHER [SUPREME COURT OF INDIA] 18-01-2024
This batch of appeals arises from three orders of the National Company Law Appellate Tribunal[1]. A Resolution Plan was submitted under the Insolvency and Bankruptcy Code, 2016[2] by a consortium of Murari Lal Jalan and Florian Fristch in respect of the Corporate Debtor (Jet Airways Limited). The Plan was voted upon and approved by the Committee of Creditors on 17 October 2020. The Resolution Professional then filed an application before the Adjudicating Authority to seek approval of the Resolut
India Law Library Docid # 1882349

(849) STATE BANK OF INDIA AND OTHERS Vs. THE CONSORTIUM OF MR MURARI LAL JALAN AND MR FLORIAN FRITSCH AND ANOTHER [SUPREME COURT OF INDIA] 18-01-2024
Insolvency and Bankruptcy Code, 2016 - The case involves a consortium led by the State Bank of India (SBI) and the Successful Resolution Applicant (SRA) regarding the infusion of funds and compliance with a resolution plan for Jet Airways Limited - The primary issue is whether the SRA's plea for an extension of time for depositing funds and the adjustment of the Performance Bank Guarantee (PBG) should be allowed - SBI argues that the SRA must infuse Rs. 350 Crores by a specified date and comply
India Law Library Docid # 1882504

(850) MAZHAR KHAN Vs. N.I.A. NEW DELHI [SUPREME COURT OF INDIA] 18-01-2024
Explosive Substances Act, 1908 — Sections 4, 5 and 6 — Unlawful Activities (Prevention) Act, 1967 — Sections 13,15,16,18, 20 and 43D(5) — The petitioner is accused under the Explosive Substances Act and the Unlawful Activities (Prevention) Act (UAPA) — He was arrested on April 7, 2022, and his bail was rejected by the High Court on August 16, 2023 — The petitioner argued that the evidence against him, primarily statements from co-accused, is inadmissible — He also contended that the organization
India Law Library Docid # 2417337

(851) RAMALINGAM AND OTHERS Vs. N. VISWANATHAN [SUPREME COURT OF INDIA] 18-01-2024
Criminal Procedure Code, 1973 (CrPC) - Section 227 - Penal Code, 1860 (IPC) - Sections 341, 323 and 302 - Murder - Discharge - As per post-mortem report death of the deceased was natural - No injury was found on the chest or any other part of the body of the deceased - Order of discharge upheld.
India Law Library Docid # 1603876

(852) THE STATE OF ASSAM AND OTHERS Vs. BINOD KUMAR AND OTHERS [SUPREME COURT OF INDIA] 18-01-2024
Assam Police Act, 2007 - Section 14(2) - Assam Police Manual - Rule 63(iii) - Deputy Commissioner would not be competent to assess the overall performance of Superintendent of Police (SP) - Rule 63(iii) of Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007 - All India Services (Confidential Rolls) Rules, 1970/All India Services (Performance Appraisal Report) Rules, 2007 define reporting, reviewing and accepting authorities to
India Law Library Docid # 1603877

(853) PRAMILA Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 17-01-2024
The appellant has taken an exception to the judgment and order dated 3rd May, 2010 passed by the Division Bench of the High Court of Chhattisgarh. The appellant herein was the second appellant before the High Court. The appellant was convicted for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 and sentenced to undergo life imprisonment. The issue of juvenility was raised by the appellant in this Appeal during the course of hearing by filing
India Law Library Docid # 1882344

(854) ANSAL CROWN HEIGHTS FLAT BUYERS ASSOCIATION (REGD.) Vs. M/S. ANSAL CROWN INFRABUILD PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 17-01-2024
The impugned orders in these appeals are more or less identical. Therefore, we are making a reference to the factual aspects in Civil Appeal Nos. 4480-4481 of 2023. In a complaint filed by the homebuyers before the National Consumer Disputes Redressal Commission (for short the National Commission), an order was made by the National Commission directing the Developer to complete the project in all respects and handover the possession of the allotted flats/apartments to the members of the Associat
India Law Library Docid # 1882345

(855) SHADAKSHARI Vs. STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 17-01-2024
Criminal Procedure Code, 1973 (CrPC) - Sections 197 and 482 - Penal Code, 1860 (IPC) - Sections 409, 419, 420, 423, 465, 466, 467, 468, 471 and 473 - Fabrication of records - Sanction for prosecution - Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service - It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties - Certainly, a view can be taken that manufacturing of such
India Law Library Docid # 1603875

(856) STATE OF JHARKHAND Vs. MD. SUFIYAN [SUPREME COURT OF INDIA] 16-01-2024
Penal Code, 1860 (IPC) — Sections 341, 354B, 504, 506 and 509 — Protection of Children from Sexual offences Act, 2012 — Section 8 — Information Technology Act, 2000 — Section 66E and 67 — The respondent was accused of outraging the modesty of the first informant and making an indecent video viral on social media — Charges were filed under various sections of the IPC, POCSO Act, and IT Act — The main issue was whether the High Court's decision to grant anticipatory bail based on the respondent's
India Law Library Docid # 2417338

(857) NARA CHANDRABABU NAIDU Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-01-2024
The appellant is aggrieved by initiation of a criminal proceeding against him and his detention in connection with the same by the respondent State through its CID. Allegations have been made against him for commission of offences under Sections 166, 167, 418, 420, 465, 468, 471, 409, 209 and 109 read with Sections 120-B, 34 and 37 of the Indian Penal Code, 1860 and Section 12 and 13(2) read with Sections 13(1)(c) and (d) of the Prevention of Corruption Act, 1988. The said offences are alleged t
India Law Library Docid # 1603874

(858) 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

(859) S. RAJASEEKARAN AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024
Motor Vehicles Act, 1988 - Section 161 - Hit and Run Motor Accidents - Police must inform victims or their legal representatives about the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 (Scheme) - There are cases where the Police, as well as the Claims Enquiry Officer, are aware of the fact that a hit and run accident has occurred - However, no efforts are made to ensure that the persons entitled to seek compensation file their claims - An appropriate direction will have to
India Law Library Docid # 1603868

(860) BIRLA CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR Vs. BHANWAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 12-01-2024
Protection of Chittorgarh Fort - Directions issued - Blasting operations undertaken for limestone extraction resulting in possible damage to the existing structures of the Chittorgarh Fort - Keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometres from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals - In other words, the manual/m
India Law Library Docid # 1603869