(101) RAMACHANDRAN AND OTHERS Vs. VIJAYAN AND OTHERS [SUPREME COURT OF INDIA] 22-11-2024 Nature of Property after Partition in Marumakkathayam Law — Minority View Upheld — The Supreme Court agreed with the minority opinion of the Kerala High Court in Mary Cheriyan & Anr. vs. Bhargavi Pillai Bhasura Devi & Anr. (1967) SCC OnLine Ker 68) that property obtained by a female Nair on partition is her separate property, not tharwad property — This view was considered more aligned with the essence of partition, which changes the nature of joint ownership India Law Library Docid # 2419964
(102) K.S. MURALIDHAR Vs. R. SUBBULAKSHMI AND ANOTHER [SUPREME COURT OF INDIA] 22-11-2024 Motor Accident Compensation — Calculation of Future Prospects of Income — Age-Based Addition — Rule — For a person below the age of 40 with a permanent job, an additional 50% of the actual salary should be considered towards future prospects. India Law Library Docid # 2419965
(103) M/S AJAY PROTECH PVT. LTD. Vs. GENERAL MANAGER AND ANOTHER [SUPREME COURT OF INDIA] 22-11-2024 Arbitration and Conciliation Act, 1996 — Section 29A(4) — Extension of Arbitral Award Deadline under Section 29A(4) — The Court has the discretion to extend the period for making an arbitral award beyond the statutory 18 months (12 months + 6 months extension by mutual consent) under Section 29A(4) of the Act, even after the mandate of the arbitral tribunal has terminated — The termination of the tribunal's mandate under Section 29A(4) is India Law Library Docid # 2419961
(104) SONU AGNIHOTRI Vs. CHANDRA SHEKHAR AND OTHERS [SUPREME COURT OF INDIA] 22-11-2024 Restraint in Judicial Judgments — Judges should avoid making personal criticisms or recording findings on the conduct of judges in judgments to prevent adverse career impacts and embarrassment. India Law Library Docid # 2419962
(105) NITIN MAHADEO JAWALE AND OTHER Vs. BHASKAR MAHADEO MUTKE [SUPREME COURT OF INDIA] 22-11-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The petitioners (defendants) failed to file their written statement on time, leading to the closure of the stage to file it — They sought permission to file it after 4½ years, which the Trial Court allowed — The respondent (plaintiff) challenged this decision, and the High Court set aside the Trial Court's order — Whether the delay of India Law Library Docid # 2420121
(106) R. KANDASAMY (SINCE DEAD) AND OTHERS Vs. T.R.K. SARAWATHY AND ANOTHER [SUPREME COURT OF INDIA] 21-11-2024 Suit for Specific Performance — Suit for specific performance regarding a property sale, where the buyer had paid an advance and agreed to pay the balance within four months but faced delays due to late- vacating tenants, the sellers canceled the agreement — The buyer sued for specific performance, arguing readiness to complete once documents were provided and that India Law Library Docid # 2419922
(107) SHAMBHU CHAUHAN Vs. RAM KIRPAL ALIAS CHIRKUT AND OTHER [SUPREME COURT OF INDIA] 21-11-2024 U.P. Consolidation of Holding Act, 1953 — Section 9 — The case involves disputed land with claims of co-tenancy by ‘G’ — The main issue is whether the High Court correctly upheld the Consolidation Officer's order regarding the disputed land's ownership — The Supreme Court dismissed the appeal, supporting the High Court's decision that the findings of the Consolidation Officer were not perverse and were supported by evidence — The Court emphasized the importance of admissible India Law Library Docid # 2419923
(108) KALLAKURI PATTABHIRAMASWAMY (DEAD) THROUGH LRS. Vs. KALLAKURI KAMARAJU AND OTHERS [SUPREME COURT OF INDIA] 21-11-2024 Hindu Succession Act, 1956 — Section 14(1) — Dispute over property inheritance between step-brothers — 1933 Partition Deed gave ‘V’ a life interest in Ac. 3.55 cents and absolute rights to Ac. 2.09 cents (property in question) — ‘V’ died in 1973, leading to a legal dispute over the property — Whether ‘V’ had absolute rights over the entire property and respondents are entitled to partition of the property — Section 14(1) of the HSA, 1956 applies only to property acquired in lieu of maintenance w India Law Library Docid # 2419924
(109) RAJNEESH KUMAR AND ANOTHER Vs. VED PRAKASH [SUPREME COURT OF INDIA] 21-11-2024 Condonation of Delay — Blame Shifting on Advocates not a ground for Condoning Delay — The Court emphasized that merely blaming the advocate for negligence or carelessness in attending court proceedings is not sufficient grounds to condone long and inordinate delays in filing appeals or other legal actions — Litigants have a duty to be vigilant about their own rights and cannot disown their advocates at will to seek relief — The Court noted that such a practice India Law Library Docid # 2419966
(110) MANJIT SINGH AND ANOTHER Vs. DARSHANA DEVI AND OTHERS [SUPREME COURT OF INDIA] 21-11-2024 Bona fide Purchaser for Value without notice — The Court reiterates that to be a bona fide purchaser for value without notice, the purchaser must not only pay value but also conduct due diligence and not wilfully abstain from inquiries that could reveal defects in title or encumbrances. India Law Library Docid # 2420080
(111) M.R. AJAYAN Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 20-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 195(1)(b) — Third parties can appeal criminal cases if they have a genuine connection and seek substantial justice, and that High Courts have the power to initiate proceedings under Section 195(1)(b) of the Cr.P.C. even without a public servant's complaint, as they can act in the interest of justice — The Court also affirmed that appellate courts can order retrials India Law Library Docid # 2419867
(112) M/S BHARTI AIRTEL LTD. Vs. THE COMMISSIONER OF CENTRAL EXCISE, PUNE [SUPREME COURT OF INDIA] 20-11-2024 CENVAT Credit Rules, 2004 — Rule 2(a)(A) and 2(k) — Mobile towers and PFBs are "goods" and can be considered both "capital goods" and "inputs" under the CENVAT Credit Rules — This allows mobile service providers to avail CENVAT credit on the excise duties paid on these items and utilize it for payment of service tax on their output services — The judgment emphasizes the tests of mobility, marketability, and functionality in determining the nature of property and the broad interpretation of "inpu India Law Library Docid # 2419868
(113) PRASHANT Vs. STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 20-11-2024 Penal Code, 1860 (IPC) — Sections 376(2)(n) and 506 — Rape — Consensual relationships, even if they end in breakup, do not automatically constitute rape or criminal intimidation if there is no evidence of force, fraud, or misrepresentation at the outset of the relationship. India Law Library Docid # 2419869
(114) SUNNY @ SANTOSH DHARMU BHOSALE Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 20-11-2024 Penal Code, 1860 (IPC) — Sections 302 and 304 Part I — Alteration of Sentence — Supreme Court altered the appellant's conviction from murder to culpable homicide not amounting to murder due to the lack of premeditation and the heat of passion in which the crime was committed — Considering the appellant's substantial imprisonment already served, the court discharged the remaining sentence and India Law Library Docid # 2419870
(115) STATE BANK OF INDIA AND OTHERS Vs. NAVIN KUMAR SINHA [SUPREME COURT OF INDIA] 19-11-2024 State Bank of India Officers’ (Determination of Terms and Conditions of Service) Order, 1979 — State Bank of India Officers’ Service Rules, 1992 — Rule 68(1) — Decision to initiate and procedure for disciplinary action — Disciplinary proceedings against government employees or officers must be initiated during active service, not after retirement or superannuation India Law Library Docid # 2419767
(116) DR. RAJIV VERGHESE Vs. ROSE CHAKKRAMMANKKIL FRANCIS [SUPREME COURT OF INDIA] 19-11-2024 Divorce Act, 1869 — Section 10(i) — Interim Maintenance — wife seeking higher interim maintenance from her husband during their ongoing divorce proceedings — The husband, a cardiologist with significant assets and income, had appealed against a Family Court order that mandated him to pay Rs. 1,75,000 per month as interim maintenance — The Madras High Court had later reduced this amount to Rs. 80,000 per month — The Supreme Court, however, overturned the High Court's decision and restored the ori India Law Library Docid # 2419820
(117) THE STATE OF HARYANA AND ANOTHER Vs. AMIN LAL (SINCE DECEASED) THROUGH HIS LRS AND OTHERS [SUPREME COURT OF INDIA] 19-11-2024 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 5 — Suit for Possession — Admission of title through Plea of Adverse Possession — The Court held that when a defendant pleads adverse possession, it implies an admission of the plaintiff's title — This is in accordance with Order 8 Rule 5, which states that allegations of fact not specifically denied are deemed to be admitted. India Law Library Docid # 2419821
(118) SIDDIQUE Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 19-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 438 — Penal Code, 1860 (IPC) — Sections 376 and 506 — Courts have the discretionary power to grant anticipatory bail under Section 438 of the Cr.P.C., considering the nature of the offense, delay in filing the complaint, complainant's actions, and imposing reasonable conditions to ensure appearance and prevent interference with the investigation. India Law Library Docid # 2419866
(119) THE STATE OF PUNJAB AND ANOTHER Vs. M/S FERROUS ALLOY FORGINGS P LTD. AND OTHERS [SUPREME COURT OF INDIA] 19-11-2024 Registration Act, 1908 — Section 17(2)(xii) — Non-Stampability of Sale Certificates from Court-Auctions — The Court clarifies that a sale certificate issued by a court or an authorized officer following a successful auction does not attract stamp duty under the Stamp Act — Such certificates are merely evidence of title and do not fall under the category of instruments that require registration or stamping under the Registration Act, 1908. India Law Library Docid # 2420082
(120) SATYENDRA SINGH Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 18-11-2024 Uttar Pradesh Government Servant(Discipline and Appeal) Rules, 1999 — Rule 7(3) — Procedure for imposing major Penalties — Disciplinary proceedings — Penalized with a censure entry and stoppage of two grade increments — The Tribunal quashed this penalty, but the High Court reinstated it — Whether the disciplinary proceedings and the penalty imposed on the appellant were justified and conducted according to the rules — The appellant argued that the inquiry was flawed as no witnesses were examine India Law Library Docid # 2419725