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(301) N.M. THEERTHEGOWDA Vs. Y.M. ASHOK KUMAR AND OTHERS [SUPREME COURT OF INDIA] 02-09-2024
Karnataka Stamp Act, 1957 — Section 34 — Admissibility of Insufficiently Stamped Documents — An agreement of sale coupled with possession is deemed to be a conveyance requiring payment of ad valorem stamp duty — Under Section 34, an instrument not duly stamped is inadmissible in evidence unless adequate stamp duty and penalty are paid before the court or every person authorized to collect such duty.
India Law Library Docid # 2417249

(302) SEETHARAMA SHETTY Vs. MONAPPA SHETTY [SUPREME COURT OF INDIA] 02-09-2024
Karnataka Stamp Act, 1957 — Sections 33, 34, 37, and 39 — Suit for perpetual injunction to restrain the respondent from interfering with the possession of agricultural land — The appellant claims possession based on an agreement of sale dated 29.06.1999 — Whether the agreement of sale conforms to the definition of conveyance under the Act, 1957, and whether the trial court's order to pay deficit stamp duty and penalty is valid — The appellant argued that the suit document conforms to the Act and
India Law Library Docid # 2417250

(303) C.N. SHANTHA KUMAR Vs. M.S. SRINIVAS [SUPREME COURT OF INDIA] 02-09-2024
Criminal Procedure Code, 1973 (CrPC) — Section 401(3) — Limitation of High Court's Power in Revision under Section 401(3) Cr.P.C — The Court reaffirmed the principle that under Section 401(3), the High Court does not have the authority to convert a finding of acquittal into one of conviction while exercising its revisional jurisdiction. This principle underscores the finality attached to acquittal orders, which can only be set aside in exceptional circumstances.
India Law Library Docid # 2417402

(304) M/S. MODERN BUILDERS Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 30-08-2024
Arbitration and Conciliation Act, 1996 — Section 34 — Jurisdictional Objections — The Court noted that if an objection regarding the jurisdiction of the Arbitrator is not raised at an appropriate stage (e.g., during the arbitration proceedings or in the challenge under Section 34 of the Arbitration Act), the award may not be annulled solely on this ground — This principle is subject to the specific facts of each
India Law Library Docid # 2417175

(305) SURAJ SINGH GUJAR AND ANOTHER Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 30-08-2024
Penal Code, 1860 (IPC) — Sections 323, 324 and 325 read with Section 34 —Compounding of Non-Compoundable offenses under Exceptional Circumstances — The Court clarified that while offences under Sections 323 and 325 of the IPC are compoundable, offences under Section 324 are non-compoundable — However, the Court can invoke its powers under Section 482 of the Code of Criminal Procedure (CrPC) or Article 142 of the Constitution of India to allow the compounding of non-compoundable offences in excep
India Law Library Docid # 2417486

(306) CHABI KARMAKAR AND OTHERS Vs. THE STATE OF WEST BENGAL [SUPREME COURT OF INDIA] 29-08-2024
Penal Code, 1860 (IPC) — Sections 498A, 304B and 306 read with Section 34 —Interpretation of Section 304B — The court clarified that for a conviction under Section 304B IPC, it is essential to prove that the cruelty or harassment leading to the death of the woman was in connection with a demand for dowry — Mere allegations of cruelty or harassment without a direct link to dowry demands are insufficient — The court emphasized that the death must occur within seven years of marriage, and
India Law Library Docid # 2417487

(307) AKSHAY AND ANOTHER Vs. ADITYA AND OTHERS [SUPREME COURT OF INDIA] 29-08-2024
Consumer Protection Act, 1986 — Housing — Joint Liability of Landowners and Builders under Consumer Protection Act — Supreme Court held that landowners who enter into a Joint Venture Agreement (JVA) with builders and execute an Irrevocable Power of Attorney (IPA) authorizing the builder to sell constructed units on the property are jointly liable with the builder for any deficiency in service or unfair trade practices committed during the project's execution — This liability continues until the
India Law Library Docid # 2417488

(308) K. RAVI Vs. STATE OF TAMIL NADU AND ANOTHER [SUPREME COURT OF INDIA] 29-08-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 323, 324, 307 and 302 — Criminal Procedure Code, 1973 (CrPC) —Sections 397 and 401 — Framing of Charges — The case involves an FIR registered in 2009 against multiple accused for serious offences, including murder — The appellant's brother was killed, and the appellant was also assaulted — The main issue is whether the High Court erred in discharging the respondent (Accused No. 2) from the charges after the Sessions Court had framed charges based on su
India Law Library Docid # 1604380

(309) A. B. GOVARDHAN Vs. P. RAGOTHAMAN [SUPREME COURT OF INDIA] 29-08-2024
Negotiable Instruments Act, 1881 — Section 138 — The appellant loaned Rs. 10,00,000 to the respondent, secured by mortgages and promissory notes — The respondent failed to repay, leading to a legal dispute over the mortgage and repayment terms — Whether the Agreement constituted a valid mortgage and if the respondent was liable to repay the loan with interest — The appellant argued that the Agreement and evidence showed a valid mortgage and that the respondent agreed to repay the loan with inter
India Law Library Docid # 1604381

(310) MULAKALA MALLESHWARA RAO AND ANOTHER Vs. STATE OF TELANGANA AND ANOTHER [SUPREME COURT OF INDIA] 29-08-2024
Hindu Law — 'Stridhan' — Whether the father had the right to file the FIR for the recovery of his daughter's 'stridhan' and whether the High Court was correct in refusing to quash the proceedings — The father argued that the in-laws did not return the 'stridhan' despite requests and that the complaint was filed to recover these items — The in-laws contended that the complaint was filed with the intent to harass and that there was no proof of entrustment or misappropriation of the 'stridhan' —The
India Law Library Docid # 1604382

(311) K. NIRMALA AND OTHERS Vs. CANARA BANK AND ANOTHERS [SUPREME COURT OF INDIA] 28-08-2024
Service Law — Employment — Caste Certificate — The appellants were employed based on caste certificates issued by the State of Karnataka, which were later invalidated following a Supreme Court judgment — Whether the appellants can retain their positions after their caste certificates were invalidated — Petitioner argues that the caste certificates were validly issued and should protect their employment, even if future benefits are not claimed —Respondent argues that the appellants obtained emplo
India Law Library Docid # 1604377

(312) MHABEMO OVUNG AND OTHERS Vs. M. MOANUNGBA AND OTHERS[SUPREME COURT OF INDIA] 28-08-2024
Service Law — Seniority Dispute — The case involves the ‘seniority dispute' between directly recruited Junior Engineers and those promoted from Sectional Officer, Grade-I, in Nagaland — The main issue is the 'inter se seniority' between the two groups of Junior Engineers —Petitioner argues that the directly recruited Junior Engineers argued that they should be senior as they were appointed in 2003, while the others were upgraded in 2007 — Respondent states that the promoted Junior Engineers cont
India Law Library Docid # 1604378

(313) U.P. STATE ROAD TRANSPORT CORPORATION AND OTHERS Vs. BRIJESH KUMAR AND ANOTHER[SUPREME COURT OF INDIA] 28-08-2024
Service Law — Compassionate Appointment — The respondent's father, a conductor with UPSRTC, died in service — The respondent was later appointed as a contract conductor but was terminated for misconduct — Whether the respondent's appointment was on compassionate grounds under the Dying in Harness Rules, making him a permanent employee, or on a contractual basis — UPSRTC argued that the respondent was appointed on a contractual basis, not under the Dying in Harness Rules, and thus his termination
India Law Library Docid # 1604379

(314) PREM PRAKASH Vs. UNION OF INDIA THROUGH THE DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 28-08-2024
Penal Code, 1860 (IPC) — Sections 406, 420, 467, 468, 447, 504, 506, 341, 323 and 34 — Prevention of Money Laundering Act, 2002 — Sections 3, 4 and 45 — The appellant was denied bail by the High Court of Jharkhand in a money laundering case involving fraudulent land transactions —Whether the appellant should be granted bail under Section 45 of the Prevention of Money Laundering Act (PMLA) —The appellant argued that he was not involved in the alleged forgery and money laundering, and that prolong
India Law Library Docid # 1604374

(315) MANIK MADHUKAR SARVE AND OTHERS Vs. VITTHAL DAMUJI MEHER AND OTHERS [SUPREME COURT OF INDIA] 28-08-2024
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 case involves financial irregularities in Credit Co-operative Society, where Rs. 79.54 crores were misappropriated — The appellants are depositors who fell victim to the scam — Whether the High Court erred in granting bail to respondent no.1, who is accused of being a co-conspirator in the financial scam — The High Court
India Law Library Docid # 1604375

(316) NEW DELHI MUNICIPAL COUNCIL AND ANOTHER Vs. MANJU TOMAR AND OTHERS [SUPREME COURT OF INDIA] 28-08-2024
Delhi School Education Bye Laws — The Delhi Sikh Gurdwara Management Committee (DSGMC) managed a school receiving 95% grant from NDMC — The school was demolished without permission, leading to its closure —Whether the DSGMC had valid grounds to challenge the High Court's judgment directing NDMC to reimburse the pay and benefits of the school staff — DSGMC argued that NDMC and the Director (Education) were responsible for absorbing and paying the surplus staff due to the school's closure — NDMC c
India Law Library Docid # 1604376

(317) KALVAKUNTLA KAVITHA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 27-08-2024
Prevention of Money-Laundering Act, 2002 — Sections 45(1) and 50 — Criminal Procedure Code, 1973 (CrPC) — Section 164 — Bail — K. Kavitha was denied bail by the Delhi High Court — She appealed to the Supreme Court, arguing that her continued custody was unnecessary as the investigation was complete — Whether the appellant should be granted bail under the proviso to Section 45(1) of the Act (PMLA), considering her status as a woman — The appellant argued that there was no material evidence agains
India Law Library Docid # 1604370

(318) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Vs. HIREHALLI SOLAR POWER PROJECT LLP AND OTHERS [SUPREME COURT OF INDIA] 27-08-2024
Power Purchase Agreement (PPA) — PPA between Bangalore Electricity Supply Company Limited, and the Hirehalli Solar Power Project LLP — The respondent sought an extension of the scheduled commissioning date (SCD) under the force majeure clause of the PPA due to delays in obtaining necessary approvals and licenses —The Karnataka Electricity Regulatory Commission (KERC) rejected the force majeure claim, but the Appellate Tribunal for Electricity (APTEL) reversed the decision, finding that the delay
India Law Library Docid # 1604371

(319) DILHARAN LAL DEWANGAN Vs. STATE OF CHHATTISGARH AND ANOTHER [SUPREME COURT OF INDIA] 27-08-2024
Penal Code, 1860 (IPC) — Sections 420 and 34 — The appellant was denied anticipatory bail by the High Court — Alleging fraud and cheating in a loan transaction — Grant of Anticipatory Bail — The appellant had previously been granted anticipatory bail in another FIR filed by the brother of the complainant — The Supreme Court of India allowed the appeal and directed that if the appellant is arrested in connection with the aforementioned crime, he shall be released on bail subject to such terms and
India Law Library Docid # 1604372

(320) EZHILARASAN Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE AND ANOTHER [SUPREME COURT OF INDIA] 27-08-2024
Anticipatory bail — Cancellation of — The appellant had his anticipatory bail cancelled without notice due to failure to plant saplings —Whether the cancellation of anticipatory bail without notice was justified The Supreme Court set aside the impugned order and allowed the appeal, granting additional time to plant 500 trees —The anticipatory bail granted to is revived, and he must deposit the cost of saplings with the Forest authorities.
India Law Library Docid # 1604373