(241) JUST RIGHTS FOR CHILDREN ALLIANCE AND ANOTHER Vs. S. HARISH AND OTHERS [SUPREME COURT OF INDIA] 23-09-2024 Information Technology Act, 2000 — Section 67B —Protection of Children from Sexual Offences Act, 2012 — Sections 14(1) and 15(1) — Crucial guidance for the interpretation and application of the POCSO Act and the IT Act, particularly in cases involving child pornography and exploitation. India Law Library Docid # 2417933
(242) FULESHWAR GOPE Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-09-2024 Unlawful Activities (Prevention) Act, 1967 — Sections 17, 18, 21, 22 and 45 —Validity of Sanction — The court held that the validity of sanction should be challenged at the earliest instance before the trial court — If raised at an appellate stage, the person raising the challenge must justify the reasons for the belated challenge — The court emphasized that the right to challenge should not be misused to stall or delay proceedings. India Law Library Docid # 2417934
(243) GAGAN BANGA AND ANOTHER Vs. THE STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 23-09-2024 Constitution of India, 1950 — Articles 14, 19, 21 and 32 — Writ petition under Article 32, seeking protection against criminal proceedings initiated by disgruntled defaulting borrowers —The main issue was whether criminal proceedings against financial institutions initiated by defaulting borrowers should be quashed and guidelines established to prevent such actions —The petitioners argued that the FIRs were an abuse of process, giving a criminal color to civil disputes, and sought protection of India Law Library Docid # 2417986
(244) YOGARANI Vs. STATE BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 23-09-2024 Penal Code, 1860 (IPC) — Section 420 — Passports Act, 1967 — Section 12(2) — The appellant was convicted for abetting the issuance of a second passport to a person already possessing a passport — The Supreme Court set aside the conviction and acquitted appellant due to insufficient evidence proving her guilt beyond reasonable doubt — Conviction based on circumstantial evidence requires each circumstance to be proven beyond reasonable doubt and the circumstances taken together should lead to an i India Law Library Docid # 2417987
(245) BHAGWAN SINGH Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 20-09-2024 High standard of professionalism and legal acumen — The court emphasized that a high standard of professionalism and legal acumen is expected from advocates, particularly senior advocates appearing in the highest court of the country — They are expected to diligently verify the facts from the record of the case and use their legal acumen for which they are engaged. India Law Library Docid # 2417864
(246) SHOOR SINGH AND ANOTHER Vs. STATE OF UTTARAKHAND [SUPREME COURT OF INDIA] 20-09-2024 Penal Code, 1860 (IPC) — Sections 304-B and 498-A — The appellants, father-in-law and mother-in-law of the deceased, were convicted under Sections 304-B and 498-A IPC for dowry death and cruelty —The deceased died from burn injuries at her matrimonial home — Whether the appellants were guilty of dowry death and cruelty, and if the presumption under Section 113-B of the Evidence Act was applicable —The defence argued that the deceased committed suicide due to depression and there was no direct ev India Law Library Docid # 2417868
(247) CENTRAL BUREAU OF INVESTIGATION Vs. DILIP MULANI AND ANOTHER [SUPREME COURT OF INDIA] 20-09-2024 Penal Code, 1860 (IPC) — Section 120-B —Prevention of Corruption Act, 1988 — Sections 7,12 and 13(2) read with Section 13(1)(d) — Bribery and corruption against multiple accused, including the respondent, who was the Managing Director of a company — The charges include payments of illegal gratification to customs officials —Whether the respondent was involved in the conspiracy and bribery as alleged in the charge sheet —The prosecution argued that a prima facie case was made out against the resp India Law Library Docid # 2417869
(248) AJAY MADHUSUDAN PATEL AND OTHERS Vs. JYOTRINDRA S. PATEL AND OTHERS [SUPREME COURT OF INDIA] 20-09-2024 Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner's actions —The court ruled in favor of the petitioner, finding that the respo India Law Library Docid # 2417870
(249) M/s. ULTRA-TECH CEMENT LTD. Vs. MAST RAM AND OTHERS [SUPREME COURT OF INDIA] 20-09-2024 Land Acquisition Act, 1894 — Sections 4, 6, 11(1) and 17 — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Sections 24(1)(a) and 101 — The case involves the acquisition of land by the State of Himachal Pradesh for a cement project by Jaypee Himachal Cement (JAL) — Compensation disputes arose between the landowners and the companies involved —The main issues were whether the land and liabilities were transferred to appellant, who was re India Law Library Docid # 2417871
(250) OPG POWER GENERATION PRIVATE LIMITED Vs. ENEXIO POWER COOLING SOLUTIONS INDIA PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 20-09-2024 Arbitration and Conciliation Act, 1996 — Section 37 — Commercial Courts Act, 2015 — Section 13(1) — Arbitration Award — The court emphasized that an arbitral award should not be set aside unless it is patently illegal or perverse, and the court should not interfere with the award on the ground of mere error in law or on a re-appreciation of evidence. India Law Library Docid # 2417932
(251) RAJESH MITRA @RAJESH KUMAR MITRA AND ANOTHER Vs. KARNANI PROPERTIES LTD. [SUPREME COURT OF INDIA] 20-09-2024 West Bengal Premises Tenancy Act, 1956 — Section 2(h) — The appellants, tenants, were directed by the Calcutta High Court to vacate the premises based on an eviction suit filed by the respondent-landlord — The suit was decreed on the basis of an admission made by the appellant in another case —Whether the appellants had become tenants upon their father's death under the 1956 Act and the effect of the 1997 Act on their tenancy rights —The appellants argued that their tenancy rights were heritable India Law Library Docid # 2418070
(252) KAMAL KISHORE SEHGAL (D) THR. LRS. AND OTHERS Vs. MURTI DEVI (DEAD) THR. LRS. [SUPREME COURT OF INDIA] 19-09-2024 Interpretation of Sale Deeds — The court emphasized the principle that when the language of a document, such as a sale deed, is clear and unambiguous, the court should assign the common literary meaning without resorting to inference — Express terms in a document take precedence over surrounding circumstances. India Law Library Docid # 2417865
(253) THE SECRETARY, PUBLIC WORKS DEPARTMENT AND OTHERS Vs. TUKARAM PANDURANG SARAF AND OTHERS [SUPREME COURT OF INDIA] 19-09-2024 Interpretation of Awards — The court clarified that an award should be interpreted in a manner that gives effect to the intention of the parties and the terms of the agreement — In this case, the court upheld the interpretation of the Kalelkar Award by the Industrial Court and the High Court, which granted holiday benefits and overtime pay to the respondent-employees. India Law Library Docid # 2417866
(254) SUSHMA Vs. NITIN GANAPATI RANGOLE AND OTHERS [SUPREME COURT OF INDIA] 19-09-2024 Motor Accident Claims — Contributory Negligence — The court held that the driver of the car involved in the accident cannot be held jointly responsible for the accident, as the offending truck was parked illegally in the middle of the road without any precautionary measures taken by the truck driver — The court emphasized that contributory negligence cannot be presumed and must be established by clear and convincing evidence. India Law Library Docid # 2417867
(255) MEERA DEVI (D) THR. LR. Vs. DINESH CHANDRA JOSHI (D) THR. LRS. [SUPREME COURT OF INDIA] 19-09-2024 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 30(2) — Rent and Eviction — The appellant-landlady sought eviction of the respondent-tenant for non-payment of rent since 1991 — The Trial Court decreed the suit, but both parties filed revisions —The main issue was whether the respondent-tenant's deposit of rent under Section 30(2) of the 1972 Act was valid and whether the eviction order was justified —The Supreme Court allowed the appeal, setting aside India Law Library Docid # 2418071
(256) SANTOSH @ RAJESH @ GOPAL Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 19-09-2024 Penal Code, 1860 (IPC) — Sections 302, 34 and 120B — Arms Act, 1959 — Section 25(1-B)(A) — Section 25(1-B)(A) — Five individuals were prosecuted for the murder — The appellant was convicted based on circumstantial evidence and the recovery of a pistol linked to the crime —Whether the circumstantial evidence and the recovery of the pistol were sufficient to uphold the conviction of the appellant for murder —The Supreme Court set aside the conviction of the appellant due to insufficient evidence d India Law Library Docid # 2418072
(257) SAHEB S/O MAROTI BHUMRE ETC. Vs. THE STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 18-09-2024 Penal Code, 1860 (IPC) — Sections 148, 302 and 324 read with Section 149 — Standard of Proof in Criminal Cases — The court reiterates that the guilt of an accused must be proved beyond reasonable doubt — Any doubt, no matter how slight, must benefit the accused — The prosecution's case must be examined meticulously to ensure that the evidence presented is reliable and sufficient to establish guilt. India Law Library Docid # 2417806
(258) RAMESH AND ANOTHER Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 18-09-2024 Power of Appellate Court in Appeals against acquittal — The court reiterates that an appellate court under the CrPC has full power to review, reappreciate, and reconsider the evidence upon which an order of acquittal is founded — There are no limitations or restrictions on this power, and the appellate court can reach its own conclusion on questions of fact and law. India Law Library Docid # 2417807
(259) RABINA GHALE AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-09-2024 Armed Forces (Special Powers) Act, 1958 (AFSPA) — Section 6— Necessity of prior sanction from the Central Government for instituting any prosecution, suit, or other legal proceedings — The petitions were filed by the wives of Indian Army officers to quash an FIR and related proceedings against their husbands and other personnel of 21 PARA (SF) for an incident in Nagaland on December 4, 2021, which led to multiple deaths — The main issue was whether the FIR and subsequent proceedings could contin India Law Library Docid # 2417750
(260) SRI SIDDARAJA MANICKA PRABHU TEMPLE Vs. THE IDOL OF ARULMIGHU KAMAKALA KAMESHWARAR TEMPLE [SUPREME COURT OF INDIA] 13-09-2024 Dispute over the ownership of a property —The Appellant-Defendant claimed absolute ownership of the suit property, while the Respondent-Plaintiff-Temple claimed it was a trust property — The court analyzed the terms of the Compromise Decree dated 26.11.1929, which required modifications to the Trust Deed dated 12.12.1917 in case the property was to be a trust property — The court found that the suit property, along with other properties, was conveyed to the Appellant-Defendant for the purposes o India Law Library Docid # 2417645