(961) NISAR AHMAD AND OTHERS Vs. SAMI ULLAH (DEAD) THROUGH LRS. AND ANOTHER [SUPREME COURT OF INDIA] 24-10-2024 Uttar Pradesh Consolidation of Holdings Act, 1953 — Section 9(2) — Joint family property — Division of property — The court clarified that principles of Hindu law should not be applied to Muslim tenure-holders, and that registered documents carry a presumption of genuineness — The court also emphasized the finality of appellate orders, the power of the Director of Consolidation to exercise revision and reference, the importance of proper consolidation proceedings, and the role of courts in revie India Law Library Docid # 2419052
(962) SAPNA NEGI Vs. CHAMAN SINGH AND ANOTHER [SUPREME COURT OF INDIA] 24-10-2024 Hindu Marriage Act, 1955 — Section 13(1)(i-a) — Divorce — The main issue was whether the marriage had irretrievably broken down and if the divorce should be granted under Article 142(1) of the Constitution of India — The petitioner claimed neglect by the husband, leading her to return to her parental home — She also disputed a settlement agreement regarding their daughter's custody and financial support — The Supreme Court dissolved the marriage, citing irretrievable breakdown and the need to d India Law Library Docid # 2419053
(963) SAROJ AND OTHERS Vs. IFFCO-TOKIO GENERAL INSURANCE CO. AND OTHERS[SUPREME COURT OF INDIA] 24-10-2024 Motor Vehciles Act, 1988 — Death in Road Accident — Compensation — Conflict between the dates of birth mentioned in the School Leaving Certificate and the Aadhar Card, which document should be considered authoritative for determining the age of the deceased — Supreme Court held that in cases of conflict between the dates of birth mentioned in the School Leaving Certificate and the Aadhar Card, the India Law Library Docid # 2419030
(964) INTERNATIONAL SEAPORT DREDGING PVT LTD Vs. KAMARAJAR PORT LIMITED[SUPREME COURT OF INDIA] 24-10-2024 Arbitration and Conciliation Act 1996 — Section 36 — Jurisdiction and Applicable Law — The Supreme Court, in exercising its civil appellate jurisdiction, interpreted the provisions of the Arbitration and Conciliation Act, 1996, particularly Section 36, in conjunction with the Code of Civil Procedure, 1908 (CPC), to determine the conditions for staying the enforcement of an arbitral award. India Law Library Docid # 2422707
(965) SONAL GUPTA AND OTHERS Vs. REGISTRAR GENERAL, RAJASHTAN HIGH COURT JODHPUR AND ANOTHER[SUPREME COURT OF INDIA] 24-10-2024 Arbitrariness in Examination Marking — The courts will not interfere with examination results in the absence of statistically significant discrepancies or evidence of deliberate deprivation of marks; where an evaluation process employs multiple evaluators to ensure uniformity, and no glaring inconsistencies are found, the marking process will be deemed fair. India Law Library Docid # 2422708
(966) STATE OF U.P. AND OTHERS Vs. M/S LALTA PRASAD VAISH AND SONS [SUPREME COURT OF INDIA] 23-10-2024 Constitution of India, 1950 — Entry 8 of List II of the Seventh Schedule — Term “intoxicating liquors” — The term "intoxicating liquors" includes "industrial alcohol" and not just "potable alcohol" — Therefore, the State Legislature has the power to regulate the production, manufacture, possession, transport, purchase, and sale of "intoxicating liquors" including "industrial alcohol" India Law Library Docid # 2419054
(967) SUHAS CHAKMA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 23-10-2024 Constitution of India, 1950 — Articles 21, 32 and 39A— The writ petition was seeking directions to prevent torture and inhumane treatment of prisoners due to overcrowded and unhygienic jail conditions — The main issues were ensuring prisoners' rights to humane treatment and access to free legal aid — The petitioner argued for the creation of a permanent mechanism to decongest prisons and ensure humane treatment of prisoners — The respondents, including the Union of India, were directed to ensure India Law Library Docid # 2419031
(968) MANISH KUMAR RAI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 23-10-2024 Navy Instructions and Regulations — Pay disparity — An Artificer III in the Indian Navy challenged the grade pay disparity between technical and non-technical staff post the 6th Central Pay Commission — The appellant argued for equal grade pay (Rs. 4200) for Artificers III, II, and I with Chief Petty Officers, citing Navy instructions — The respondents maintained that only Chief Artificers were equivalent to Chief Petty Officers — The Supreme Court upheld the Tribunal's decision, ruling that the India Law Library Docid # 2419032
(969) GLAS TRUST COMPANY LLC Vs. BYJU RAVEENDRAN AND OTHERS[SUPREME COURT OF INDIA] 23-10-2024 Insolvency and Bankruptcy Code — Section 9 — National Company Law Appellate Tribunal Rules, 2016 — Rule 11 — Insolvency proceedings against the 3rd respondent initiated by BCCI for an operational debt — The appellant challenged a settlement approved by the NCLAT, raising issues of locus standi, misuse of inherent powers, and inadequate objection handling — The Supreme Court set aside the NCLAT's judgment, emphasizing adherence to procedures, proper scrutiny of settlement funds, and the role of t India Law Library Docid # 2419033
(970) VIDYASAGAR PRASAD Vs. UCO BANK AND ANOTHER [SUPREME COURT OF INDIA] 22-10-2024 Limitation Act, 1963 — Section 18 — Insolvency and Bankruptcy Code, 2016 — Section 7 — Initiating Corporate Insolvency Resolution Process —The Corporate Debtor defaulted on loans in 2014, becoming an NPA — UCO Bank filed CIRP in 2019 under Section 7, facing challenges on competency, debt existence, and limitation period — The Supreme Court upheld CIRP initiation, ruling that balance sheet entries and OTS proposals extended the limitation period under Section 18 of the India Law Library Docid # 2418953
(971) UMA AND ANOTHER Vs. THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE [SUPREME COURT OF INDIA] 22-10-2024 Penal Code, 1860 (IPC) — Sections 302 — Murder of Wife by Husband, aunt, and uncle accused — Victim strangled and poisoned to look like suicide — Trial court acquitted due to lack of direct evidence and implausible motive — High Court reversed, citing flawed reasoning — Re-evaluated evidence (medical reports, witness testimonies), proving guilt — Supreme Court upheld High Court's decision — Circumstantial evidence and medical reports established guilt — Accused failed to India Law Library Docid # 2418954
(972) HDFC BANK LTD. Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 22-10-2024 Penal Code, 1860 (IPC) — Sections 34, 37, 120B, 201, 206, 217, 406, 409, 420 and 462 — Appellant-Bank officials allowed a customer to operate a bank locker despite a restraining order from the Income Tax Department — Whether the FIR against appellant-Bank officials for violating the restraining order should be quashed — Appellant-Bank argues that the FIR does not disclose any mens rea or specific allegations of collusion — The bank officials misinterpreted the revocation order — Respondent state India Law Library Docid # 2418955
(973) HORRMAL (DECEASED) THROUGH HIS LRS AND OTHERS Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024 Land Acquisition Act, 1894 — Sections 4, 6 and 18 — Haryana Urban Development Authority Act, 1977 — The case involves expropriated landowners seeking higher compensation for their acquired lands — The land was acquired for public purposes — Whether the appellants are entitled to a higher rate of compensation and how the quantum of such compensation should be calculated — The appellants argued that the acquired land had immense potential due to its strategic India Law Library Docid # 2418823
(974) HARYANA URBAN DEVELOPMENT AUTHORITY Vs. ABHISHEK GUPTA ETC. [SUPREME COURT OF INDIA] 21-10-2024 Land Acquisition Act, 1894 — Section 5A — Hearing of Objections — The Haryana Urban Development Authority (HUDA) issued a notification in 1999 to acquire land for development — The respondents objected, citing authorized constructions and state policies — Discrimination in land acquisition, maintainability of appeals, and the doctrine of merger — Petitioner argues that the constructions were unauthorized, the Collector's recommendation was not binding, and the acquisition India Law Library Docid # 2418824
(975) MAFABHAI MOTIBHAI SAGAR Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024 Criminal Procedure Code, 1973 (CrPC) — Section 432 — Penal Code, 1860 (IPC) — Section 302 read with Sections 147 and 148 — Power to impose conditions on remission — The appellant was convicted under Section 302 IPC and sentenced to life imprisonment in 2008 — He sought parole and remission of his sentence, which was granted with conditions by the Gujarat government — Petitioner argues that the conditions, especially the requirement to behave "decently," are vague and arbitrary, violating Articl India Law Library Docid # 2418881
(976) CENTRAL WAREHOUSING CORPORATION AND ANOTHER Vs. M/S SIDHARTHA TILES AND SANITARY PVT. LTD [SUPREME COURT OF INDIA] 21-10-2024 Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Arbitration and Conciliation Act, 1996 — Section 11(6) — The case involves a lease agreement between appellant and respondent for storage space — Disputes arose over revised storage charges and renewal of the lease — Whether the Public Premises Act, 1971 overrides the Arbitration and Conciliation Act, 1996, and whether the High Court erred in appointing an arbitrator under Section 11 of the Arbitration Act — The Supreme Court dismi India Law Library Docid # 2418882
(977) S. P. PANDEY Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024 Air Force Act, 1950 — Section 83 — Admonition — The appellant, an Airman in the Indian Air Force, was punished for overtaking vehicles at a railway crossing and using insubordinate language — The initial punishment was expunged, but a second trial led to another admonition — The appellant challenged the second admonition and sought compensation for wrongful punishment and harassment — The Supreme Court agreed with the appellant, set aside the second admonition, and awarded compensation of Rs. 1 India Law Library Docid # 2418883
(978) RATILAL JHAVERBHAI PARMAR AND OTHERS Vs. STATE OF GUJARAT AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024 Constitution of India, 1950 — Article 21 — Promptness in delivering judgments —The court reiterates the need for promptness in delivering judgments, as emphasized in previous decisions, and states that delays in delivering judgments can be a violation of Article 21 of the Constitution India Law Library Docid # 2418884
(979) K.C.KAUSHIK AND OTHERS Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 21-10-2024 Haryana Civil Services (Revised Pension) Part I Rules, 2009 — Rule 6 — Interest on the delayed payment of revised pensions — The appellants, retired lecturers/principals from Government Aided Private Colleges in Haryana, sought revised pensions on par with Government College lecturers, effective from 01.01.2006, with interest on delayed payments — Whether the appellants are entitled to interest on the delayed payment of revised pensions — The appellants argued that they were entitled to interest India Law Library Docid # 2418885
(980) LENIN KUMAR RAY Vs. M/s. EXPRESS PUBLICATIONS (MADURAI) LTD [SUPREME COURT OF INDIA] 21-10-2024 Industrial Disputes Act, 1947 — Section 2(s) — “Workman” — Appellant, initially appointed as Junior Engineer, was promoted to Assistant Engineer and later terminated without notice — He challenged his termination, leading to a Labour Court ruling for his reinstatement and compensation —Whether appellant qualifies as a "workman" under the Industrial Disputes Act and if his termination was lawful —Appellant argued he was wrongfully terminated without due process and should be reinstated with full India Law Library Docid # 2418886