(861) ANIL MISHRA Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 01-03-2024 The present appeal is arising out of order dated 06.04.2023 passed by the High Court of Judicature at Allahabad (the High Court) in an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) bearing number 38114 of 2022, titled Jitendra Mishra @ Sanjay and Ors. Vs. State of Uttar Pradesh and Anr. (the Impugned Order). The facts of the case reveal that the Appellant herein lodged a First Information Report on 07.08.1999 bearing number 966 of 1999 under Section(s) 364, 147, 14 India Law Library Docid # 1882470
(862) RAJKUMAR AND OTHERS Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 01-03-2024 Remission Policy — The case involves a challenge to the Uttar Pradesh State’s remission policy dated July 28, 2021, which provided remission benefits only to convicts over the age of sixty — The main issue is whether the remission policy is arbitrary and illegal — The petitioners argue that the policy is discriminatory and should be quashed — The respondents, including the State of Uttar Pradesh and the National Legal Services Authority (NALSA), argue that the policy is valid and in compliance w India Law Library Docid # 2417286
(863) BABLU YADAV Vs. STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 01-03-2024 Criminal Procedure Code, 1973 — Section 309 — The High Court set aside a conviction and ordered a remand for a one-day trial — The appellant sought to challenge this order —High Court's order of remand was appropriate and if the trial should follow specific timelines — The appellant's counsel argued that a similar issue was pending judgment in another case and suggested specific timelines for the trial — The State and the complainant's counsel supported the High Court's order and emphasized foll India Law Library Docid # 2417287
(864) ASHOK KUMAR Vs. STATE OF UNION TERRITORY CHANDIGARH [SUPREME COURT OF INDIA] 01-03-2024 Penal Code, 1860 (IPC) — Sections 419, 465, 468 and 471 read with Section 120-B — Prevention of Corruption Act, 1988 — Section 7C —Whether the Supreme Court should grant anticipatory bail to the appellant —The appellant has cooperated with the investigation and appeared before the Investigating Officer —The appellant is the main accused, and custodial interrogation is required — The Supreme Court granted anticipatory bail, setting aside the High Court's order —The appellant's cooperation in the India Law Library Docid # 2417288
(865) MD SHABIR KHAN @ MOHAMMAD SABIR KHAN Vs. STATE OF BIHAR [SUPREME COURT OF INDIA] 01-03-2024 Criminal Procedure Code, 1973 (CrPC) — Section 438(1) — The appellant was granted anticipatory bail by the High Court on July 7, 2023, but failed to surrender within the stipulated six weeks — Whether the High Court's order granting anticipatory bail with a condition to surrender within six weeks was valid — The appellant argued that the High Court's condition was not in line with the concept of anticipatory bail — The respondent contended that the appellant's reliance on medical certificates wa India Law Library Docid # 2417289
(866) PAWAN AGARWAL Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 01-03-2024 Penal Code, 1860 (IPC) — Sections 420, 406, 307, 323, 504, and 506 — Appellant was accused in a case registered in 2010 for various offenses under the Indian Penal Code — He sought relief from the High Court multiple times, challenging the proceedings and seeking protection from arrest — The main issue was whether the High Court's interim protection order should remain in effect after the Supreme Court's decision in the Asian Resurfacing case, which led to automatic vacation of stays — The petit India Law Library Docid # 2417290
(867) MAJOR GEN. DARSHAN SINGH (D) BY LRS. AND ANOTHER Vs. BRIJ BHUSHAN CHAUDHARY (D) BY LRS. [SUPREME COURT OF INDIA] 01-03-2024 Suit for specific performance - Suit for specific performance of an agreement for sale executed by the respondent in their favour in respect of a plot of land in Chandigarh - The respondent contested the suit on the grounds that the property was HUF property and that the possession was not delivered to the appellants - The Trial Court dismissed the suit for specific performance but granted a decree of damages of Rs.40,000/- to the first appellant - The Trial Court held that the property was HUF India Law Library Docid # 1603965
(868) MOHAMMED KHALID AND ANOTHER Vs. THE STATE OF TELANGANA [SUPREME COURT OF INDIA] 01-03-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c) read with 20(b)(ii)(c) - Seizure of ganja from four accused under the NDPS Act - The appellants challenged their conviction and sentence on various grounds, such as non-compliance with the search and seizure procedures, contradictions in the prosecution evidence, absence of independent witnesses, and lack of proof of possession and conspiracy - The Supreme Court allowed the appeals and acquitted the appellants of all the charge India Law Library Docid # 1603966
(869) VINAYAK PURSHOTTAM DUBE (DECEASED), THROUGH LRs Vs. JAYASHREE PADAMKAR BHAT AND OTHERS [SUPREME COURT OF INDIA] 01-03-2024 Consumer Law - Consumer dispute between the owners of a property and a developer who entered into a development agreement with them - The main issue is whether the legal representatives of the deceased developer are liable to perform the obligations under the development agreement that were personal to the developer, such as obtaining completion certificate, executing conveyance deed, and providing electricity connection - The court ruled that the legal representatives are not liable to perform India Law Library Docid # 1603967
(870) KUMAR @ SHIVA KUMAR Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 01-03-2024 Penal Code, 1860 (IPC) - Section 306 – Abetment of Suicide – Conviction and sentence - The appellant, a former tenant of the deceased's house, harassed and threatened the deceased to marry him, leading to her and her sisters' deaths - The deceased informed her father and sisters about the appellant's behavior, which led to her consuming poison in her house - The deceased's father lodged the first information, alleging the appellant was responsible for her suicide - The trial court convicted the India Law Library Docid # 1603963
(871) M/S ARIF AZIM CO. LTD. Vs. M/S APTECH LTD [SUPREME COURT OF INDIA] 01-03-2024 Arbitration and Conciliation Act, 1996 - Section 11(6) - Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 - AELA, an Afghan company, is seeking an arbitrator to resolve disputes arising from a franchise agreement with Indian companies ACE and AHNA - The parties entered into three agreements in 2013, granting AELA a non-exclusive license to operate businesses under the trade names AELA, India Law Library Docid # 1603964
(872) VEDANTA LIMITED Vs. THE STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 29-02-2024 Environment Law - The case involves Vedanta Limited's copper smelter in Tamil Nadu, which was ordered to close due to environmental norm violations - The core issues include the plant's non-compliance with environmental standards and the validity of the closure orders - Vedanta argued against the closure, citing procedural improprieties and jurisdictional errors by the High Court - The State and TNPCB defended the closure, highlighting the plant's long-term environmental violations - The Supreme India Law Library Docid # 1882339
(873) BASAVARAJ Vs. INDIRA AND OTHERS [SUPREME COURT OF INDIA] 29-02-2024 Civil Procedure Code, 1908 (CPC) - Order 6 Rule 17 and Order 23 Rule 3 – Amendment of Plaint - Amendment of the plaint in a suit for partition of ancestral property - The main issue in the case is whether the plaintiffs/respondents No. 1 and 2 can seek amendment of the plaint to add a prayer for declaration that an earlier compromise decree dated 14.10.2004, which settled the partition of the property among the parties, was null and void - The Court allowed the appeal and set aside the order of India Law Library Docid # 1603959
(874) HIGH COURT BAR ASSOCIATION, ALLAHABAD Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 29-02-2024 Review of Decision - ‘Asian Resurfacing of Road Agency Private Limited & Anr. vs. Central Bureau of Investigation, (2018) 16 SCC 299’ - Scope of interference by the High Court with an order of framing charge under the Prevention of Corruption Act, 1988 and the duration of interim orders of stay of proceedings in civil and criminal cases - The appellant and other parties have challenged the correctness of the directions issued by the Supreme Court in Asian Resurfacing, which provided for automati India Law Library Docid # 1603961
(875) SAVITRI BAI AND ANOTHER Vs. SAVITRI BAI [SUPREME COURT OF INDIA] 29-02-2024 Succession Act, 1925 - Section 63 – Dispute over the ownership and possession of a house property – The plaintiff, claimed that she purchased the property from the widow and children of late ‘B’, who had two wives, and his daughter Savitri Bai (the first defendant) through a registered sale deed dated 18.01.1979 and was dispossessed by the first defendant - The first defendant denied selling the property to the plaintiff and asserted that her father had executed a will dated 23.03.1977 in favou India Law Library Docid # 1603962
(876) BHARTI CELLULAR LIMITED (NOW BHARTI AIRTEL LIMITED) Vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 57, KOLKATA AND ANOTHER [SUPREME COURT OF INDIA] 28-02-2024 Income Tax Act, 1961, Section 194-H - Tax deduction at source (TDS) for cellular mobile service providers selling prepaid SIM cards and recharge vouchers to their franchisees or distributors - The appellants argue that the difference between the discounted price and the sale price is not a commission or brokerage, but a trade discount - They deny a principal-agent relationship between them and their franchisees or distributors - The respondents argue that the difference between the discounted pr India Law Library Docid # 1603960
(877) SOLAR ENERGY CORPORATION OF INDIA LIMITED (SECI) Vs. WIND FOUR RENERGY PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 27-02-2024 Limitation Act, 1963 - Condonation of Delay – Recovery of an amount - SECI, the appellant, challenges an order favoring WFRPL, the respondent, regarding a delay in commissioning a wind power project - The main issue revolves around the condonation of a 132-day delay in the project's commissioning, starting from the date of the APTEL judgment - SECI contends that the APTEL's judgment is irrational and contrary to the PPA scheme - WFRPL argues for an extension due to not being informed about the o India Law Library Docid # 1882336
(878) JASWINDER SINGH Vs. NEW INDIA ASSURANCE CO. LTD[SUPREME COURT OF INDIA] 27-02-2024 The Appellant had purchased a Car from its previous Owner and had applied for a change in registration. The Car was insured by the previous Owner under an Insurance Policy, dtd. 14/9/2009. Two events occurred on 25/3/2010. The Registration of the Car was transferred in the name of the Appellant and on the same day, the Appellant met with an accident while he was driving the Car. Following the accident, the Appellant submitted a claim with the Respondent No.1-Insurance Company but the Insurance C India Law Library Docid # 1884116
(879) MEDICAL COUNCIL OF INDIA Vs. ANSHUL AGGARWAL AND OTHERS [SUPREME COURT OF INDIA] 27-02-2024 MCI Regulations on Graduate Medical Education, 1997 — Regulation 4(2)(a) — The Medical Council of India (MCI) challenged the Delhi High Court's decision that struck down a regulation preventing open school students from appearing for NEET — Whether the proviso to Regulation 4(2)(a) of the MCI Regulations on Graduate Medical Education, 1997, which barred open school students from NEET, is constitutional — MCI argued that the regulation ensures the quality and standard of medical education by requ India Law Library Docid # 2417291
(880) SHAILESH KUMAR Vs. STATE OF U.P. (NOW STATE OF UTTARAKHAND) [SUPREME COURT OF INDIA] 26-02-2024 Penal Code, 1860 (IPC) – Section 302 – Murder - The case involves a criminal appeal where the appellant was convicted under Section 302 IPC for life imprisonment, confirmed by the High Court of Uttarakhand - The main issues for consideration include the goal of investigation, the role of the investigating officer, and the interplay between sections of the CrPC and the Evidence Act - The appellant challenges the fairness of the investigation, the maintenance of the case diary, and the discrepanci India Law Library Docid # 1882512