(321) OMKAR REALTORS AND DEVELOPERS PVT. LTD. Vs. KUSHALRAJ LAND DEVELOPERS PVT. LTD. AND ANOTHER [SUPREME COURT OF INDIA] 23-08-2024 Consumer Protection Act, 2019 — Section 2(2) — The Court reaffirmed the definition of "consumer" as provided in Section 2(7) of the CPA, 2019, which excludes a person who purchases goods or avails services for resale or for any commercial purpose — However, the Court emphasized that whether a purchase is for commercial purpose depends on the facts and circumstances of each case, including the dominant intention or purpose behind the transaction. India Law Library Docid # 1604365
(322) PAM DEVELOPMENTS PRIVATE LIMITED Vs. THE STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 23-08-2024 Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — The dispute arose from a delayed road project leading to arbitration over unpaid claims and interest — The main issues were the validity of various claims awarded by the Arbitrator, including loss of business, uneconomic utilization of machinery, and interest on delayed payments — The petitioner argued for the validity of claims awarded by the Arbitrator, particularly focusing on claims for idle labor, machinery, and interest on delay India Law Library Docid # 1604366
(323) DELHI RACE CLUB (1940) LTD. AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 23-08-2024 Penal Code, 1860 (IPC) — Sections 406, 420 and 120B — The case involves a complaint against petitioners for non-payment of Rs. 9,11,434 for horse feed supplied — Whether the appellants committed criminal breach of trust and cheating by not paying for the goods supplied — Petitioner argues that the appellants fraudulently obtained goods and failed to make payments, despite repeated requests and legal notices — Respondent argues that the complaint did not disclose any criminal offense and was a ci India Law Library Docid # 1604367
(324) SHAJAN SKARIA Vs. THE STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 23-08-2024 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 18 — The bar on anticipatory bail under Section 18 does not impose an absolute prohibition on the grant of anticipatory bail in cases registered under the Act. India Law Library Docid # 1604368
(325) M/S. KARNATAKA EMTA COAL MINES LIMITED AND ANOTHER Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 23-08-2024 Coal block allocation — The case involves M/s. Karnataka Emta Coal Mines Limited (KECML) and the Central Bureau of Investigation (CBI) regarding coal block allocation and alleged illegal sale of coal rejects — Whether the CAG report can be the sole basis for liability and prosecution, and the legality of the actions taken by KPCL and KECML — KECML argued that the CAG report cannot be the sole basis for prosecution and that the actions taken were in compliance with relevant agreements and regulat India Law Library Docid # 1604369
(326) SUKHDEV SINGH Vs. SUKHBIR KAUR [SUPREME COURT OF INDIA] 22-08-2024 Learned counsel appearing for the parties state at the Bar that these matters need to be considered by a Three Judge Bench combination as there are conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 whether alimony can be granted where marriage has been declared void. India Law Library Docid # 2417139
(327) CBI BS AND FC MUMBAI Vs. MANOJDEV GOKULCHAND SEKSARIA AND ANOTHER [SUPREME COURT OF INDIA] 22-08-2024 Penal Code, 1860 (IPC) — Section 120B read with 420, 467, 468 and 471 —Prevention of Corruption Act, 1988 — Section 13(2) read with 13(1)(d) — Companies Act, 1956 — Section 68-A — The CBI registered criminal cases in 2006 against multiple accused, including the respondent, for fraudulent activities in the IPOs of Yes Bank Ltd. and IDFC — Chargesheets were filed in 2007 and 2014 — Whether the criminal proceedings should be quashed in light of the SEBI consent order and the subsequent legal challe India Law Library Docid # 1604356
(328) GIRISH GANDHI Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Criminal Law — Requirement of multiple sureties in different criminal cases involving the same accused — The court held that it would be reasonable and proportionate to allow the accused to furnish one set of personal bond and two sureties, which would hold good for all the FIRs registered against him in different states — The court observed that the requirement of multiple sureties in different cases involving the same accused would be an excessive burden on the accused and India Law Library Docid # 1604357
(329) MAITREYEE CHAKRABORTY Vs. THE TRIPURA UNIVERSITY AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Service Law — The appellant was appointed against a lien vacancy at Tripura University — Whether the University was justified in not confirming the appellant and re-advertising the post —The appellant argued that her appointment should be confirmed as she had undergone a regular selection process and there was no adverse performance report —The University claimed discretion in confirming appointments and argued that re-advertising was in the larger interest of candidates who did not apply initia India Law Library Docid # 1604358
(330) INDIAN COUNCIL OF AGRICULTURAL RESEARCH THROUGH THE DIRECTOR GENERAL AND ANOTHER Vs. RAJINDER SINGH AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Service Law — Increments — The Indian Council of Agricultural Research (ICAR) issued a scheme in 1999 granting scientists two advance increments for acquiring a Ph.D. degree — Technical staff sought the same benefit — Whether technical personnel are entitled to the same increments as scientists for obtaining a Ph.D. degree — ICAR argued that scientists and technical staff are governed by different rules and duties, and the benefit was intended only for scientists — Technical staff argued that th India Law Library Docid # 1604360
(331) RAJKARAN SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Service Law — Denial of Pensionary Benefits — The appellants, employees managing the SSD Fund of the SFF, were denied benefits under the 6th CPC, receiving only an ad-hoc amount instead —Whether the appellants, despite being classified as temporary employees, are entitled to pensionary benefits under the 6th CPC —The appellants argued they should receive benefits similar to regular government employees due to their long-term service and similar job functions —The respondents contended that the S India Law Library Docid # 1604361
(332) SWATI PRIYADARSHINI Vs. THE STATE OF MADHYA PRADESH AND OTHERS [SUPREME COURT OF INDIA] 22-08-2024 Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 — Section 2 — The appellant was appointed as Assistant Project Coordinator under the Sarv Shiksha Abhiyan on a contract basis — She reported misconduct at a hostel, leading to her temporary charge of the hostel and subsequent show cause notices for alleged negligence — Whether the termination of the appellant's contract was justified and if it was stigmatic in nature, requiring a regular inquiry — Appellant argues that t India Law Library Docid # 1604362
(333) AJAY KUMAR GUPTA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 22-08-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22(c), 29 and 67 — Appellant was prosecuted under the NDPS Act for allegedly transporting pentazocine illegally — The consignment was intercepted by the NCB —Whether the appellant could be convicted under Sections 22(c) and 29 of the NDPS Act without proper charges and evidence — The appellant argued that the charges were not properly framed, and the evidence was insufficient, particularly the inadmissibility of statements under Sec India Law Library Docid # 1604363
(334) REKHA SHARMA Vs. THE RAJASTHAN HIGH COURT, JODHPUR AND ANOTHER [SUPREME COURT OF INDIA] 21-08-2024 Judicial Services — Vertical and Horizontal Reservations — Both appellants with disabilities, applied for Civil Judge posts but were unsuccessful in the Preliminary Examination — They challenged the results, claiming discrimination as cut-off marks for Persons with Benchmark Disabilities (PwBD) were not shown — Whether the respondents' failure to show cut-off marks for PwBD was discriminatory and violated Fundamental Rights under Articles 14, 16, and 21 of the Constitution — Petitioner argues th India Law Library Docid # 1604359
(335) KINNORI GHOSH AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Bhartiya Nyay Sanhita 2023 — Section 72(1) — The petition concerns the dissemination of the deceased's identity and related media following a murder and alleged rape at R G Kar Medical College and Hospital, Calcutta —The main issue is the violation of the Supreme Court's directives to protect the identity of rape victims and the unauthorized publication of the deceased's identity and images on social media —The Court ordered the immediate removal of all references to the deceased's name, photogr India Law Library Docid # 2417140
(336) FR. ABRAHAM THAZHATHEDATHU Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 20-08-2024 Penal Code, 1860 (IPC) — Sections 409, 420, 468, 471 read with 120-B — Multiple appellants, engaged in educational activities in Madhya Pradesh, were accused of offenses under IPC — The main issue was whether the appellants should be granted bail despite the ongoing investigation and allegations of financial misconduct — The appellants argued that their actions were lawful and related to educational activities, such as selling textbooks and raising fees, which should not be considered offenses — India Law Library Docid # 2417141
(337) VAIRAMUTHU Vs. STATE OF TAMIL NADU [SUPREME COURT OF INDIA] 20-08-2024 The petitioner, Vairamuthu, filed a special leave petition challenging the judgment of the Madras High Court at Madurai dated December 20, 2022 — The main issue revolves around whether the special leave petition was filed within the period of limitation — The petitioner argued that the delay in filing the petition should be condoned as the time taken to obtain a certified copy of the impugned judgment was excluded from the limitation period —The Supreme Court directed the Registry to file a repo India Law Library Docid # 2417142
(338) RAJESH RAWAT Vs. ANIL KUMAR SAXENA [SUPREME COURT OF INDIA] 20-08-2024 Civil Procedure Code, 1908 (CPC) — Section 25 — Power of Supreme Court to transfer suits — Court reaffirmed its authority under Section 25 of the CPC to transfer civil cases from one court to another within the same state or from one state to another in the interest of justice — This power is discretionary and can be exercised considering various factors such as convenience of parties, witnesses, and the ends of justice. India Law Library Docid # 2417253
(339) IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES[SUPREME COURT OF INDIA] 20-08-2024 Alleged Rape and Murder incident of a Trainee Doctor in R.G. Kar Medical College — A postgraduate doctor was murdered and allegedly raped — The incident led to widespread protests and a call for a nationwide withdrawal of medical services — The case highlights the lack of institutional safety for medical professionals, particularly women, and the systemic failure to protect them from violence — The Supreme Court constituted a National Task Force (NTF) to formulate recommendations for improving s India Law Library Docid # 1604351
(340) SHABNA ABDULLA Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-08-2024 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Section 3 — Power to make orders detaining certain persons — The case involves the detention of ‘A' under COFEPOSA for smuggling gold — The appellant, his sister-in-law, challenged the detention order — Whether the non-supply of WhatsApp chats and other documents to the detenue violated his rights under Article 22(5) of the Constitution — The appellant argued that the detention order should be quashed due to non- India Law Library Docid # 1604352