(121) GURMEET SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS [SUPREME COURT OF INDIA] 18-11-2024 Service Law — Work-charged employees — Benefits — The appellants, previously work-charged employees, sought benefits under the Proficiency Step-up Scheme, 1988, and the Assured Career Progression Scheme, 1998 — Whether the service rendered by the appellants as work-charged employees should be counted towards benefits under the Proficiency Step-up Scheme, 1988 —The appellants argued that similar benefits were extended to other employees and that denying them the same benefits was discriminatory — India Law Library Docid # 2419726
(122) RAMACHANDRA REDDY (DEAD) THR. LRS. AND OTHERS Vs. RAMULU AMMAL (DEAD) THR. LRS. [SUPREME COURT OF INDIA] 14-11-2024 Partition Suit — Dispute over the partition of property among the heirs of ‘B’ claimed 2/3rd share based on a 1963 settlement deed — Whether the deed was a gift or a settlement deed and whether the High Court was justified in overturning the concurrent findings of the lower courts — Petitioners argues that the deed was a settlement deed with valid consideration, and the High Court should not have disturbed the concurrent findings — Respondent states that the deed was a gift deed without adequate India Law Library Docid # 2419507
(123) IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES[SUPREME COURT OF INDIA] 13-11-2024 Demolition — The petitions challenge the demolition of properties of individuals accused of crimes without following due process of law — Whether the executive can demolish properties of accused persons as a penalty without judicial adjudication —Petitioner argues that the demolitions are arbitrary, violate the rule of law, and lack due process — Respondent states that the demolitions are conducted according to legal procedures and are justified — The court emphasized the importance of the rule India Law Library Docid # 2419453
(124) TINKU Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 13-11-2024 Service Law — Compassionate Appointment — Time Limit — The appellant sought compassionate appointment after his father, a constable, died on duty in 1997 — His mother, being illiterate, applied for him, but his claim was rejected in 2009 due to the time lapse —Whether appellant’s claim for compassionate appointment was valid despite the delay and if he was entitled to ex-gratia compensation — The Court upheld the rejection of claim for compassionate appointment due to the 11-year delay but allow India Law Library Docid # 2419508
(125) SHYAM KUMAR INANI Vs. VINOD AGRAWAL AND OTHERS [SUPREME COURT OF INDIA] 12-11-2024 Property Dispute — The case involves a dispute over 23.98 acres of land — The plaintiffs sought specific performance of a contract for the sale of this land, which was initially decreed by the Trial Court but dismissed by the High Court — The main issues include the validity of the Agreement to Sell, the plaintiffs' possession of the land, and whether the suit was barred by limitation — The plaintiffs argued that the Agreement to Sell was valid and binding, the entire sale consideration was paid India Law Library Docid # 2419454
(126) HITESH BHURALAL JAIN Vs. RAJPAL AMARNATH YADAV AND OTHERS[SUPREME COURT OF INDIA] 12-11-2024 Appointment of Receiver — Commercial Property Dispute — Appellant contested the appointment of a court receiver by the High Court of Bombay, arguing it was unnecessary given existing interim orders and injunctions — The High Court appointed the receiver citing the need to protect the interests of the respondent and prevent potential prejudice to their rights — The Supreme Court, after reviewing the case and the orders, found that the High Court did not provide sufficient justification for appoin India Law Library Docid # 2420405
(127) M/S SIDDAMSETTY INFRA PROJECTS PVT. LTD. Vs. KATTA SUJATHA REDDY AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Transfer of Property Act 1882 — Section 55 — Specific Relief Act, 1963 — Section 10 — Dispute over the sale of agricultural land — Petitioner had entered into two agreements to sell with the original owners of the land in 1997, but the sale deeds were never executed — The petitioner filed a suit for specific performance of the agreements to sell, which was allowed by the High Court only to the extent of the consideration paid — The petitioner appealed to the Supreme Court, which allowed the appe India Law Library Docid # 2419389
(128) RAJIVE RATURI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Sections 2(ze), 44, 45, 46 and 89 — Rights of Persons with Disabilities Rules, 2017 — Rule 15 — Inconsistencies between the RPWD Act, 2016 and the accessibility rules prescribed in Rule 15 of the RPWD Rules — The petitioner had filed a writ petition in 2005 seeking directions to ensure meaningful access to public spaces for persons with disabilities — The Court found that several of the guide India Law Library Docid # 2419390
(129) M/S CRYSTAL TRANSPORT PRIVATE LIMITED AND ANOTHER Vs. A FATHIMA FAREEDUNISA AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Partnership Act, 1932 — Section 37 — Civil Procedure Code, 1908 (CPC) — Order 20 Rule 15 — The Supreme Court dismissed the appeals related to the dissolution of the partnership firm and the distribution of its assets and profits — The court affirmed the lower court's decision to remand the case for a new accounting process, as the initial trial court's decree was deemed inadequate due to insufficient evidence and non-compliance with the Partnership Act, 1932 — The court clarified that the outgoi India Law Library Docid # 2419391
(130) LIFEFORCE CRYOBANK SCIENCES INC Vs. CRYOVIVA BIOTECH PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Arbitration and Conciliation Act, 1996 — Sections 11(6) and 11(12) — Appointment of Arbitrator — A U.S. company, after acquiring respondent’s assets, sought an arbitrator appointment in an Indian court under for disputes with Indian entities — The disputes stemmed from a license agreement and a share subscription agreement, both containing arbitration clauses — The respondents contested the petitioner's standing, arguing the non-assignability of the license India Law Library Docid # 2419392
(131) CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION Vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY [SUPREME COURT OF INDIA] 08-11-2024 Arbitration and Conciliation Act 1996 — Sections 12(5) and 18 — Whether an appointment process that allows a party with an interest in the dispute to unilaterally appoint a sole arbitrator or curate a panel of arbitrators is valid in law — The court held that such an appointment process is not valid in law and is violative of the principle of equality of parties under Section 18 — The court also held that an appointment process in a public-private contract that allows a government entity to unil India Law Library Docid # 2419393
(132) ALIGARH MUSLIM UNIVERSITY Vs. NARESH AGARWAL AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Article 30 of the Constitution of India guarantees to religious and linguistic minorities, the right to establish and administer educational institutions of their choice. The issues which arise for adjudication in this reference pertain to the criteria to be fulfilled to qualify as a minority educational institution for the purpose of Article 30(1) of the Indian Constitution. India Law Library Docid # 2419509
(133) ARUNA DHANYAKUMAR DOSHI Vs. STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Penal Code, 1860 (IPC) — Sections 342, 347, 504, 506, 116 and 384 read with Section 34 — Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 23 and 24 — The appellant filed a complaint leading to an FIR against her son, daughter-in-law, and others for harassment and coercion related to property gift deeds — The main issue is whether the FIR against the 4th and 5th respondents should be quashed — The appellant argued that the High Court should not have quashed the FIR at a India Law Library Docid # 2419378
(134) STATE BANK OF INDIA AND OTHERS Vs. THE CONSORTIUM OF MR. MURARI LAL JALAN AND MR. FLORIAN FRITSCH AND ANOTHER [SUPREME COURT OF INDIA] 07-11-2024 Insolvency and Bankruptcy Code, 2016 — Sections 7, 30(6), 31, 33(3) and 62 — Implementation of a Resolution Plan — The case involves implementation of a Resolution Plan for Jet Airways — Key issues include the adjustment of a Performance Bank Guarantee (PBG), non-payment of airport and employee dues, and the fulfillment of conditions precedent — The appellants argued against the adjustment of the PBG and highlighted the non-fulfillment of conditions precedent by the respondents — The respondents India Law Library Docid # 2419379
(135) M/S ARIF AZIM CO. LTD. Vs. M/S MICROMAX INFORMATICS FZE [SUPREME COURT OF INDIA] 07-11-2024 Arbitration and Conciliation Act, 1996 — Sections 11, 11(6)(a) and (12)(a) — Determination of the seat of arbitration — An Afghan and UAE based company entered into a distributorship agreement for distributing mobile handsets in Afghanistan — Disputes arose regarding payments and deliveries — Issues include the determination of the seat of arbitration and the applicability of the Arbitration and Conciliation Act, 1996, and whether the disputes should be referred to arbitration — The petitioner a India Law Library Docid # 2419380
(136) M/S HPCL BIO-FUELS LTD. Vs. M/S SHAHAJI BHANUDAS BHAD [SUPREME COURT OF INDIA] 07-11-2024 Civil Procedure Code, 1908 (CPC) — Order 23 Rule — Arbitration and Conciliation Act, 1996 — Section 11(6) — Limitation Act, 1963 — Section 14(2) — Dispute over unpaid invoices for equipment and services provided by the respondent — The main issues include the applicability of Order 23 Rule 1 of the CPC to arbitration proceedings, the timeliness of the respondent's application under Section 11(6) of the Act, 1996, and whether the respondent is India Law Library Docid # 2419381
(137) ASLAM ISMAIL KHAN DESHMUKH Vs. ASAP FLUIDS PVT. LTD. AND ANOTHERS[SUPREME COURT OF INDIA] 07-11-2024 Arbitration and Conciliation Act, 1996 — Sections 11(12)(a) and 11(6) — Appoitnment of Arbitrator — The petitioner a Non-Resident Indian, entered into a Shareholders Agreement with respondent-company holding 4,00,000 equity shares — Disputes arose over the issuance of share certificates — Whether the claims for the issuance of share certificates and the appointment of an arbitrator are time-barred and whether the disputes are arbitrable — The petitioner argued that the share certificates were no India Law Library Docid # 2419382
(138) KIRLOSKAR FERROUS INDUSTRIES LIMITED AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Mineral (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016 — Rule 38 — Mineral Conservation and Development Rules, 2017 — Rule 45(8)(a) — Validity of the explanations to Rule 38 of the Rules, 2016, and Rule 45(8)(a) of the Rules, 2017, regarding the computation of royalty for mining leases of non-coal minerals — Challenged — Whether the explanations to the rules are unreasonable and arbitrary, violating Article 14 of the Constitution — Petitioner argues that the computat India Law Library Docid # 2419383
(139) TEJ PRAKASH PATHAK AND OTHERS Vs. RAJASTHAN HIGH COURT AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Service Law — Recruitment Process — Post of Translators — The Rajasthan High Court invited applications for the post of Translators, specifying qualifications and a competitive examination — The Chief Justice later set a 75% cut-off mark, which only three candidates met — Whether the Chief Justice's decision to set a 75% cut-off mark after the recruitment process began was valid — The petitioners argued that changing the cut-off mark after the recruitment process started was unfair and amounted India Law Library Docid # 2419384
(140) RAMJI LAL BAIRWA AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 07-11-2024 Penal Code, 1860 (IPC) — Sections 354A, 342, 509 and 504 — Protection of Children from Sexual Offences Act, 2012 — Sections 7 and 8 — Compromise cannot be the sole basis for quashing criminal proceedings particularly in cases involving heinous and serious offences — T he court held that the power under Section 482 of the CrPC cannot be used to quash criminal proceedings solely on the basis of a compromise between the parties, particularly in cases involving heinous and serious offences that have India Law Library Docid # 2419385