(261) TALLURI SRIKAR (MINOR) THROUGH HIS FATHER TALLURI SRIKRISHNA Vs. THE DIRECTOR, NATIONAL TESTING AGENCY AND OTHERS [SUPREME COURT OF INDIA] 13-09-2024 NEET(UG)-2024 — Re-examination — Balancing rights of individual candidates with the need for maintaining the integrity and fairness of public examinations, and the principle of judicial restraint in such matters — Scope of Judicial Review in Public Examinations — The Court reaffirmed that courts must exercise caution while entertaining individual grievances related to public examinations — Interference in the conduct and evaluation of examinations should be limited to cases of patent illegality, India Law Library Docid # 2417646
(262) S.D. MANOHARA Vs. KONKAN RAILWAY CORPORATION LIMITED AND OTEHRS [SUPREME COURT OF INDIA] 13-09-2024 Service Law — Resignation Withdrawal Before Acceptance — The court reaffirmed the well-established principle that a resignation can be withdrawn before it is accepted by the employer — This principle is consistent with previous judgments such as ‘Suman vs Jain vs Marwadi Sammelan’ (2024 SCC OnLine SC 161), ‘Air India Express Limited vs Captain Gurdarshan Kaur Sandhu' (2019) 17 SCC 129, ‘Srikantha S.M. vs Bharath Earth Movers Limited' (2005) 8 SCC 314, ‘Balram Gupta vs Union of India' (1987 Supp India Law Library Docid # 2417647
(263) KUKREJA CONSTRUCTION COMPANY AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 13-09-2024 Maharashtra Regional and Town Planning Act, 1966 — Section 126 — Acquisition of land required for public purposes specified in plans — The Supreme Court clarified that the right to compensation for land acquired for public purposes is a constitutional right under Article 300-A of the Constitution — The court held that delay in seeking compensation does not necessarily result in the abandonment of the claim, and any amendment to a regulation or law should be construed as prospective — When land i India Law Library Docid # 2417648
(264) ARVIND KEJRIWAL Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 13-09-2024 Bail is the rule, jail is the exception — The court reiterated the principle that bail is the rule and jail is the exception, emphasizing that personal liberty is a fundamental right under the Constitution and must be protected. India Law Library Docid # 2417594
(265) KIMNEO HAOKIP HANGSHING Vs. KENN RAIKHAN AND OTHERS [SUPREME COURT OF INDIA] 13-09-2024 Representation of the People Act, 1951 — Section 83(1)(a) and 83(1)(b) — Substantial Compliance — The Court held that an Election Petition should not be rejected at the threshold if there is substantial compliance with the requirements of Section 83(1)(a) and 83(1)(b) of the RPA, which mandate a concise statement of material facts and particulars of any corrupt practices alleged against the returned candidate — Substantial compliance with the statutory provisions regarding the content of an Elec India Law Library Docid # 2417649
(266) RASHMI KANT VIJAY CHANDRA AND OTHERS Vs. BAIJNATH CHOUBEY AND COMPANY [SUPREME COURT OF INDIA] 13-09-2024 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Section 100 CPC — The High Court's jurisdiction under Section 100 CPC, as amended in 1976, is limited to cases involving substantial questions of law The High Court must frame these questions at the time of admission of the second appeal and decide the appeal based solely on these questions —Failure to follow this procedure renders the judgment unsustainable. India Law Library Docid # 2417650
(267) JASEELA SHAJI Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-09-2024 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Sections 3(1), 8(b), 5A — Foreign Exchange Management Act, 1999 — Section 37 — Constitution of India, 1950 — Article 22(5) — Detention — Set aside of — The court found that the man's right to make an effective representation under Article 22(5) was violated due to the non-supply of statements made by a witness to the detenu — The court also noted that there was a delay of almost nine months in deciding the repres India Law Library Docid # 2417524
(268) PUNE MUNICIPAL CORPORATION Vs. SUS ROAD BANER VIKAS MANCH AND OTHERS [SUPREME COURT OF INDIA] 12-09-2024 National Green Tribunal Act, 2010 — Section 22 — Maharashtra Regional and Town Planning Act, 1966 — Section 28 — Closure of a garbage processing plant (GPP) — The Supreme Court has allowed the appeals quashing and setting aside the judgments and orders of the National Green Tribunal (NGT) that directed the closure of a garbage processing plant (GPP) — The court found that the NGT's order was unsustainable and against the statutory norms — The court also directed the appellant (Pune Municipal Cor India Law Library Docid # 2417525
(269) LAV KUMAR @ KANHIYA Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 12-09-2024 Penal Code, 1860 (IPC) — Sections 364A, 302 and 201 —Arms Act, 1959 — Sections 4 and 25 — Kidnapping and murder — The main issues were the validity of the evidence, the reliability of witness testimonies, and the procedural lapses in the investigation —The Supreme Court set aside the conviction, citing significant gaps in the prosecution's case and lack of conclusive evidence —Appellant acquitted of all charges due to insufficient evidence and procedural flaws in the investigation.B. Standard India Law Library Docid # 2417872
B. Standard
(270) ROHAN BUILDERS (INDIA) PRIVATE LIMITED Vs. BERGER PAINTS INDIA LIMITED [SUPREME COURT OF INDIA] 12-09-2024 Arbitration and Conciliation Act, 1996 — Section 29A(4) and 29A(5) — An application for extension of time for making an arbitral award under Section 29A(4) read with Section 29A(5), is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be — The court while adjudicating such extension applications will be guided by the principle of sufficient cause — The court's power to extend the time period for making of the award vests with the court, and India Law Library Docid # 2417595
(271) RAVINDER KUMAR Vs. STATE OF HARYANA [SUPREME COURT OF INDIA] 12-09-2024 Penal Code, 1860 (IPC) — Section 26 — Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — Sections 23 and 30(1) — Interpretation of “Reason to Believe” — The Court clarified that the expression “reason to believe” requires a reasonable basis for forming a belief, not absolute certainty — The Court emphasized that in the context of the Act, which aims to prevent sex selection and female foeticide, a proactive approach should be taken by India Law Library Docid # 2417596
(272) BEENA AND OTHERS Vs. CHARAN DAS (D) THR. LRS. AND OTHERS [SUPREME COURT OF INDIA] 11-09-2024 Himachal Pradesh Urban Rent Control Act, 1971 — Section 14 — Eviction of Tenants — Interpretation of Consent Orders in Rent Control Proceedings — The Court clarified that consent orders in rent control proceedings, particularly those involving eviction applications, are primarily aimed at resolving the dispute between the landlord and tenant regarding possession and tenancy, not at transferring property ownership — A consent order that stipulates a payment by the tenant to the landlord does not India Law Library Docid # 2417526
(273) LAKSHMESH M. Vs. P. RAJALAKSHMI (DEAD BY LRS.) AND ORS. ETC.ETC. AND OTHERS [SUPREME COURT OF INDIA] 11-09-2024 Determination of Title and Ownership— The Court reaffirmed that once the ownership and title of a property are established in favor of a party through a final judgment, any subsequent claim challenging that title must be made through the appropriate legal channels and cannot be decided incidentally in another proceeding. India Law Library Docid # 2417527
(274) SK. GOLAM LALCHAND Vs. NANDU LAL SHAW @ NAND LAL KESHRI @ NANDU LAL BAYES AND OTHERS [SUPREME COURT OF INDIA] 10-09-2024 Transfer of Property Act, 1882 — Section 44 — The dispute involves a property, originally purchased by two brothers ‘A’ and ‘B’ in 1959 — The property was allegedly gifted and sold without proper partition — Whether son of ‘A’, had the right to sell the entire property without partitioning it — The Supreme Court upheld the decisions of the lower courts, stating that son of ‘A' alone could not transfer the entire property without partition —The appeal was dismissed, and the property remains India Law Library Docid # 2417521
(275) MANILAL Vs. THE STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 10-09-2024 Education Law — Eligibility criteria — NCTE notification — Minimum percentage of marks requirement in graduation for admission to B.Ed. courses, as specified by the National Council for Teacher Education (NCTE), should not be applied retroactively to students who had already been admitted to these courses before the notification imposing the minimum marks criterion came into effect. India Law Library Docid # 2417522
(276) RAGHUVEER SHARAN Vs. DISTRICT SAHAKARI KRISHI GRAMIN VIKAS BANK AND ANOTHER [SUPREME COURT OF INDIA] 10-09-2024 Criminal Procedure Code, 1973 — Section 319 — Evidence Act, 1872 — Section 132 — Scope of section 132 — Contempt Petition — The case involved an appellant who was initially a witness but was later summoned as an accused under Section 319 Cr.P.C., based on additional evidence — The court clarified that the privilege under Section 132 does not grant complete immunity from prosecution but only protects a witness's statements from being used against them in criminal proceedings, except for charges o India Law Library Docid # 2417751
(277) ABHISHEK BANERJEE AND ANOTHER Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 09-09-2024 Prevention of Money Laundering Act, 2002 — Sections 50 and 63(4) — Penal Code, 1860 (IPC) — Sections 120B and 409 — Prevention of Corruption Act, 1988 — Section 13(2) r/w 13(1)(a) — Prevalence of PMLA over Cr.P.C — The court held that the provisions of the PMLA prevail over the Cr.P.C. in respect of investigation, inquiry, and proceedings under the Act — This means that the special procedure prescribed under the PMLA for dealing with money laundering offences will override the general provisions India Law Library Docid # 2417446
(278) CHALASANI UDAYA SHANKAR AND OTHERS Vs. M/S. LEXUS TECHNOLOGIES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 09-09-2024 Companies Act, 2013 — Section 59 — Rectification of register of members — The appellants sought rectification of the Register of Members of respondent-company and action against certain respondents for oppression, mismanagement, and fraud — The main issues were the validity of the share transfer, the appellants' locus standi, and whether the petition was barred by limitation — The appellants argued they legally acquired shares and paid the consideration — They claimed the India Law Library Docid # 2417480
(279) COX & KINGS LTD. Vs. SAP INDIA PVT. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 09-09-2024 Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(12)(a) — Interpretation of arbitration agreements and the involvement of non-signatory parties in arbitration proceedings — Prima facie determination — At the stage of Section 11(6), the court's role is limited to examining whether an arbitration agreement exists between the parties — The court should not delve into the merits of the case or make a final determination on the jurisdiction of the arbitral tribunal. India Law Library Docid # 2417481
(280) DHANRAJ ASWANI Vs. AMAR S. MULCHANDANI AND ANOTHER [SUPREME COURT OF INDIA] 09-09-2024 Criminal Law — A person in custody in connection with one case can apply for anticipatory bail in connection with a different case — There is no express or implied restriction in the Code of Criminal Procedure (CrPC) or any other statute that prohibits the Court of Session or the High Court from entertaining and deciding such an application. India Law Library Docid # 2417482