(981) UNION OF INDIA Vs. PRANAV SRINIVASAN [SUPREME COURT OF INDIA] 18-10-2024 Citizenship Act, 1955 — Section 9(1) — Voluntary acquisition of foreign citizenship by Indian citizens leads to automatic termination of Indian citizenship. India Law Library Docid # 2418820
(982) ASIM AKHTAR Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 18-10-2024 Criminal Procedure Code, 1973 (CrPC) — Section 319 — The court has discretion to decide the application under section 319 CrPC before or after cross-examination, depending on the satisfaction of the Court. India Law Library Docid # 2418821
(983) SOCIETY FOR ENLIGHTENMENT AND VOLUNTARY ACTION AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 18-10-2024 Child Marriages — Restraint of — The petitioner, an NGO, argues that despite the Prohibition of Child Marriage Act, child marriages remain prevalent in India —They seek stronger enforcement and support systems for child brides —The main issue is the failure of authorities to prevent child marriages and the need for effective guidelines and enforcement mechanisms — The petitioner highlights the high rate of child marriages, the ineffectiveness of Child Marriage Prohibition Officers (CMPOs), and t India Law Library Docid # 2418822
(984) UNION OF INDIA AND ANOTHER Vs. M/S GANPATI DEALCOM PVT LTD[SUPREME COURT OF INDIA] 18-10-2024 Prohibition of Benami Property Transactions Act, 1988 — Review of Judgment Due to Lack of Contest on Constitutional Validity — A review petition was allowed to recall a previous judgment because the constitutional validity of the unamended Prohibition of Benami Property Transactions Act, 1988, was declared without a clear challenge to its validity being raised by the parties India Law Library Docid # 2422680
(985) VISHWAJEET KERBA MASALKAR Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 17-10-2024 Penal Code, 1860 — Sections 302, 307 and 201 — Murder of mother, wife, and daughter, and the attempt to murder of neighbor — Circumstantial Evidence — The main issue was whether the appellant was guilty of the murders and attempted murder, and whether the death penalty was warranted — The appellant argued that the evidence, particularly the testimony of the injured neighbor, was unreliable and that the recoveries of the hammer and clothes were not credible — The State argued that the evidence, India Law Library Docid # 2418760
(986) SAJEENA IKHBAL AND OTHERS Vs. MINI BABU GEORGE AND OTHERS [SUPREME COURT OF INDIA] 17-10-2024 Motor Accident Claims — The court emphasized that in motor accident cases, the court should apply the principle of preponderance of probability, not proof beyond reasonable doubt — The burden of proof is on the claimant to prove their case on a balance of probabilities. India Law Library Docid # 2418761
(987) IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955[SUPREME COURT OF INDIA] 17-10-2024 Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — Constitutional validity of 6A on the ground that it violates Articles 6,7,14, 29 and 355 — Legislative Competence of Parliament — The court determined that Parliament had the competence to enact Section 6A of the Citizenship Act under Article 11 of the Constitution — It held that Section 6A did not amend or alter Articles 6 and 7 of the Constitution, which govern citizenship at the India Law Library Docid # 2418762
(988) JOGINDER SINGH (DEAD) THR. LRs Vs. DR. VIRINDERJIT SINGH GILL (DEAD) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 17-10-2024 Civil Procedure Code, 1908 — Sections 47 and 151 and Order 21 Rules 58 and 97— In execution proceedings, procedural irregularities should not defeat substantive rights; an executing court cannot go behind a decree or modify its terms, and a pre-existing decree in favor of a party should be protected, notwithstanding incorrect citing of provisions (e.g., mixing Section 47 CPC with Order XXI Rules 58 and 97 CPC), to prevent denial of benefits to a party who has a prior decree in their favor, uphol India Law Library Docid # 2422672
(989) THE PATNA MUNICIPAL CORPORATION AND OTHERS Vs. M/S TRIBRO AD BUREAU AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024 Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the India Law Library Docid # 2418753
(990) CENTRAL BUREAU OF INVESTIGATION Vs. SRINIVAS D. SRIDHAR [SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent's counsel argued that the mater India Law Library Docid # 2418754
(991) LALU YADAV Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner dece India Law Library Docid # 2418755
(992) BANK OF RAJASTHAN LTD Vs. COMMISSIONER OF INCOME TAX [SUPREME COURT OF INDIA] 16-10-2024 Income Tax Act, 1961 — Section 18, 19, 20 and 21 — The main issue revolves around the treatment of broken period interest for banks purchasing government securities — The appellant, a Scheduled Bank, consistently set off the interest paid on the purchase of securities against the interest recovered on their sale —Whether the broken period interest can be claimed as a deduction under the Income Tax Act, post the repeal of Sections 18 to 21 —The appellant argued that the broken period interest sho India Law Library Docid # 2418756
(993) IDBI BANK LTD. Vs. RAMSWAROOP DALIYA AND OTHERS [SUPREME COURT OF INDIA] 16-10-2024 Security Interest (Enforcement) Rules, 2002 — Rule 9(4) — The respondents won an e-auction for a property but couldn't deposit the balance amount within 15 days — The bank canceled the auction and refunded the initial deposit — Whether the respondents defaulted in depositing the balance amount within the stipulated time, justifying the bank's cancellation of the auction — The bank argued that the respondents failed to deposit the balance amount within 90 days as required by Rule 9(4) — The respo India Law Library Docid # 2418757
(994) EKNATH KISAN KUMBHARKAR Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 302, 316 and 364 — Murder — Murder of pregnant daughter due to her inter-caste marriage — Death Sentence — Whether the conviction and death sentence were justified based on the evidence and circumstances — The appellant argued that the motive was not proven, the eyewitness was unreliable, and there were investigative errors and contradictions in witness testimonies — The prosecution maintained that the motive was clear, the eyewitness was credible, and the evid India Law Library Docid # 2418701
(995) VIMALAKKA RAMAPPA KOLI @ TALWAR Vs. THE STATE OF KARNATAKA[SUPREME COURT OF INDIA] 16-10-2024 Penal Code, 1860 (IPC) — Sections 196, 198 and 420 — Reversal of Acquittal Order in Criminal Appeals — An Appellate Court can overturn an acquittal order only if it finds that the prosecution has proved the accused's guilt beyond a reasonable doubt, and the acquittal order is not a plausible finding based on the evidence India Law Library Docid # 2422673
(996) SOLAR ENERGY CORPORATION OF INDIA LIMITED (SECI) Vs. WIND FOUR RENERGY PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 16-10-2024 Extension of Commissioning Deadline for Wind Power Projects due to Delay in Operationalization of Long Term Access (LTA) — Extension of 60 days from LTA operationalization date ( Clause 2(c), Ministry of New & Renewable Energy letter dated 22.10.2019) is applicable India Law Library Docid # 2422675
(997) COMMISSIONER OF GST AND CENTRAL EXCISE Vs. M/S CITIBANK N.A.[SUPREME COURT OF INDIA] 16-10-2024 Finance Act, 1994 — Section 65(33a) — Taxation of Credit Card Services — Service tax is payable on the Merchant Discount Rate (MDR) as a unified service, which subsumes both the acquiring bank's fee and the issuing bank's interchange fee, as well as the platform fee. India Law Library Docid # 2422678
(998) D.C. MALVIYA (SINCE DECEASED) THR. LRS. AND OTHERS Vs. DR. A.H. MEMON (SINCE DECEASED) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Consumer Law — Medical Negligence — Medical negligence leading to the death after a procedure for Nasal Polyps — The complaint was filed by her husband — The main issues are the alleged medical negligence and the adequacy of the compensation awarded — The petitioners argued for enhanced compensation, citing deficiency in service and inadequate pre-anesthetic checkup — The respondents (doctors) argued that they provided standard medical care and that the compensation awarded was unjustified — The India Law Library Docid # 2418758
(999) VITTHAL DAMUJI MEHER Vs. MANIK MADHUKAR SARVE AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Penal Code, 1860 (IPC) — Sections 409, 420, 467, 468, 471 and 120-B —Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — Section 3 — The petitioner seeks a review of a judgment that canceled his bail and directed him to surrender within three weeks —The petitioner argues that the judgment contains incorrect observations, lacks specification of changed circumstances, and ignores relevant precedents — The petitioner claims he was unfairly singled out, and tha India Law Library Docid # 2418759
(1000) OMKAR RAMCHANDRA GOND Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 15-10-2024 Rights of Persons with Disabilities Act, 2016 — Sections 2(m), 2(r), 2(y), 3, 15 and 32 — Appellant with a 45% speech and language disability, applied for NEET (UG) 2024 under the PwD and OBC categories but was deemed ineligible due to his disability exceeding 40% — Whether a candidate with a disability exceeding 40% should be disqualified from admission under the PwD category for the MBBS course — The appellant argued that the NMC's criteria unfairly excluded him despite his ability to pursue t India Law Library Docid # 2418675