(381) MOOL CHANDRA Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 05-08-2024 Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellant was penalized for deserting his family and living with another woman — The penalty was challenged due to procedural delays and alleged mistakes by his counsel — Whether the delay in filing the appeal should be condoned and whether the penalty imposed was justified — The delay was due to the counsel's mistake, and the penalty was disproportionate since the complainant (his wife) had withdrawn her complaint — The representatio India Law Library Docid # 1604320
(382) USHA DEVI AND OTHERS Vs. RAM KUMAR SINGH AND OTHERS [SUPREME COURT OF INDIA] 05-08-2024 Suit for specific performance — Suit for specific performance of a property sale agreement — The agreement, dated 17.12.1989, stipulated that the sale deed would be executed within one month, expiring on 16.01.1990 — The suit was filed in September 1993, which the Trial Court and the High Court initially held was barred by limitation under Article 54 of the Limitation Act, 1963, which allows three years from the date fixed for performance or notice of refusal — However, the appellate courts cons India Law Library Docid # 1604338
(383) GOVERNMENT OF NCT OF DELHI Vs. OFFICE OF LIEUTENANT GOVERNOR OF DELHI [SUPREME COURT OF INDIA] 05-08-2024 Constitution of India, 1950 — Article 239AA(4) —Delhi Municipal Corporation Act, 1957 — Section 3(3)(b)(i) — The Supreme Court dismissed a writ petition challenging the Delhi Lieutenant Governor's power to nominate persons with special knowledge in municipal administration to the Delhi Municipal Corporation (DMC) — The court held that the power of nomination under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, as amended in 1993, is a statutory duty vested in the Lieutenant Gov India Law Library Docid # 1604339
(384) RAKSHIT SHIVAM PRAKASH Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 02-08-2024 Constitution of India, 1950 — Article 142 — Handling of medical examinations for government service appointments and the exercise of discretion — The petitioner, who cleared all stages of the Civil Services Examination (CSE) 2014, was initially deemed unfit due to a BMI above the permissible limit — Despite a consolidated reserve list placing him at a rank that allowed for service allocation, his applications for reconsideration were dismissed by both the Central Administrative Tribunal and the India Law Library Docid # 1604314
(385) SUDEEP CHATTERJEE Vs. THE STATE OF BIHAR AND ANOTHER [SUPREME COURT OF INDIA] 02-08-2024 Penal Code, 1860 (IPC) — Section 498A — Dowry Prohibition Act, 1961 — Section 4 — Pre Arrest Bail — The High Court imposed onerous conditions for granting provisional pre-arrest bail, which the appellant challenged — The Supreme Court set aside the conditions imposed by the High Court, emphasizing the need for reasonable and practicable conditions — The Court reiterated that conditions for bail should not be impossible to comply with and should respect the right to personal liberty and dignity. India Law Library Docid # 1604315
(386) THE STATE OF GUJARAT Vs. M/S. AMBUJA CEMENT LTD. [SUPREME COURT OF INDIA] 02-08-2024 Gujarat Value Added Tax Act, 2003 — Section 11(3)(b) — Exclusion of VAT and unclaimed tax credit from taxable turnover — Whether VAT and unclaimed tax credit should be included in the taxable turnover of purchases under Section 11(3)(b) of the Tax Act, 2003 — The State argued that VAT and unclaimed tax credit should be included in the taxable turnover, asserting that the legislative intent was misinterpreted — Respondent contended that VAT and unclaimed tax credit should be excluded, as the India Law Library Docid # 1604316
(387) CITY MONTESSORI SCHOOL Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 02-08-2024 Property Dispute — Auction process — legality of — The plot was leased by the State Government and later auctioned, with the school being the highest bidder — The main issues are the legality of the auction process, the conversion of leasehold to freehold, and the validity of the school's bid cancellation — The school argued that the bid cancellation was illegal and that the conversion of the plot to freehold in favor of the alleged lessee was invalid — The alleged lessee argued that the convers India Law Library Docid # 1604317
(388) VANSHIKA YADAV Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-08-2024 National Eligibility cum Entrance Test (NEET) — The case involves the validity of the National Eligibility cum Entrance Test (NEET) for undergraduate students, with issues of paper leaks and compensatory marks awarded to some candidates — The main issues include the integrity of the NEET exam, the extent of the paper leak, and the fairness of awarding compensatory marks — Petitioners argued that the paper leak was widespread, affecting the integrity of the exam, and that the compensatory marks w India Law Library Docid # 1604318
(389) DEVENDRA SINGH Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 02-08-2024 Penal Code, 1860 (IPC) — Sections 302 and 304 Part II — Murder — Alteration of Sentence — The incident stemmed from a previous dispute involving the molestation of the deceased's sister-in-law — Whether the conviction under Section 302 IPC should be converted to Section 304 Part-I or Part-II IPC due to lack of premeditation and sudden quarrel —Petitioner argues that the incident was a sudden fight without premeditation, involving a single knife injury, and should fall under Section 304 Part-II I India Law Library Docid # 1604321
(390) NATIONAL HOUSING BANK Vs. BHERUDAN DUGAR HOUSING FINANCE LTD. AND OTHERS ETC [SUPREME COURT OF INDIA] 01-08-2024 Criminal Procedure Code, 1973 (CrPC) — Section 200 — National Housing Bank Act, 1987 — Sections 29A and 50(1) — The National Housing Bank (NHB) filed a complaint alleging violations of Section 29A of the Act, 1987, by respondents — The Magistrate took cognizance of the complaint, which was challenged by the respondents in the High Court, leading to the quashing of the complaint — Whether the High Court was correct in quashing the complaint against the company and its directors under Section 29A India Law Library Docid # 1604307
(391) M/S. PRO KNITS AND OTHERS Vs. THE BOARD OF DIRECTORS OF CANARA BANK AND OTHERS [SUPREME COURT OF INDIA] 01-08-2024 Micro, Small and Medium Enterprises Development Act, 2006 — Section 9 — Banking Regulation Act, 1949 — Sections 21 and 35A — Supreme Court held that the instructions and directions issued by the Central Government under Section 9 of the Act, 2006 (MSMED Act) and by the Reserve Bank of India under Sections 21 and 35A of the Act, 1949 have statutory force and are binding on all scheduled commercial banks in India — The court clarified that the "Framework for Revival and Rehabilitation of Micro, Sm India Law Library Docid # 1604308
(392) UNION OF INDIA AND OTHERS ETC Vs. PROHLAD GUHA ETC. [SUPREME COURT OF INDIA] 01-08-2024 Service Law — Compassionate appointment, fraud, and the impact of fraud on administrative decisions —The Court held that compassionate appointment is granted to those persons whose families are left deeply troubled or destitute by the primary breadwinner either having been incapacitated or having passed away — To establish eligibility for compassionate appointment, the applicant must provide complete and truthful information, including relevant documents, to the competent authority — The court e India Law Library Docid # 1604309
(393) THE STATE OF PUNJAB AND OTHERS Vs. DAVINDER SINGH AND OTHERS [SUPREME COURT OF INDIA] 01-08-2024 Constitution of India, 1950 — Article 341 — The case involves multiple appeals and petitions related to the sub-classification of Scheduled Castes for reservation purposes — The primary issue is whether sub-classification of Scheduled Castes for reservation is constitutionally permissible — Petitioners argue that sub-classification violates the principle of equality and the constitutional mandate under Article 341 — Respondents contend that sub-classification is necessary to ensure equitable dis India Law Library Docid # 1604313
(394) RAMKRIPAL MEENA Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 30-07-2024 Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 — Sections 4 and 6 —Prevention of Money Laundering Act, 2002 — Section 45 — The petitioner is accused of leaking the REET 2021 question paper and was arrested by the Directorate of Enforcement (ED) on 21.06.2023 — He has been in custody since then — The main issue is whether the petitioner should be granted bail in the case related to the Prevention of Money Laundering Act, 2002 — The petitioner argues for bail, citing his prolo India Law Library Docid # 2417154
(395) DAULAT SINGH Vs. THE STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 30-07-2024 Prevention of Food Adulteration Act, 1954 — Sections 16(1)(a)(i) and 7(i) and (iii) — The petitioner was convicted for food adulteration and sentenced to six months' rigorous imprisonment and a fine of Rs. 1,000 — The petitioner challenged the High Court's dismissal of his revision petition, which was based on his failure to surrender as required by Rule 48 of the High Court of Madhya Pradesh Rules, 2008 — The petitioner argued that the High Court should have the inherent power to grant exempti India Law Library Docid # 2417155
(396) PIC DEPARTMENTALS PVT. LTD. Vs. SREELEATHERS PVT. LTD. [SUPREME COURT OF INDIA] 30-07-2024 The dispute began with the respondent's signboard obstructing the appellant's hoarding — The appellant filed a suit in 1999 for declaration and permanent injunction — The main issue was whether the respondent's delay in filing a Written Statement could be condoned — The appellant argued that the respondent's delay in filing the Written Statement was unjustified and violated procedural rules — The respondent contended that the delay was due to the High Court's website showing the suit as disposed India Law Library Docid # 2417156
(397) YASH DEVELOPERS Vs. HARIHAR KRUPA CO-OPERATIVE HOUSING SOCIETY LIMITED AND OTHERS [SUPREME COURT OF INDIA] 30-07-2024 Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — The case involves a dispute regarding a slum redevelopment project in Borivali, Mumbai, under the Act, 1971 — The main issues are the prolonged delay in the project and whether the developer's removal affects the slum dwellers' right to shelter under Article 21 of the Constitution —Appellant-Developers argued that delays were due to external factors and not their fault — They also claimed to have the necessary financia India Law Library Docid # 1604305
(398) GAURAV KUMAR Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 30-07-2024 Advocates Act, 1961 — 24(1)(f) — Enrolment fees and miscellaneous charges levied by State Bar Councils (SBCs) for the admission of advocates — The petitioner challenges the SBCs' practice of charging fees in excess of the statutory limit prescribed in Section 24(1)(f) of the Act, 1961 —Whether SBCs can charge enrolment fees beyond the express legal stipulation under Section 24(1)(f) of the Advocates Act? — Whether the SBCs' practice of charging additional fees violates the Constitution? — The en India Law Library Docid # 1604306
(399) HUMAYUN SULEMAN MERCHANT Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER [SUPREME COURT OF INDIA] 29-07-2024 Prevention of Money Laundering Act, 2002 — Section 4 — Appellant aged over 75, has been incarcerated for four years and nine months — He is involved in a case under the Prevention of Money Laundering Act, 2002 —The Supreme Court granted bail during the trial, with conditions including surrendering his passport and not leaving India without permission —The decision was influenced by age and the duration of his incarceration — The court emphasized that the bail grant should not be seen as an opini India Law Library Docid # 2417157
(400) THE EXECUTIVE ENGINEER, TAMIL NADU HOUSING BOARD Vs. V. SARASWATHIAMMAL AND ANOTHER [SUPREME COURT OF INDIA] 29-07-2024 Compensation for expropriated land — The case involves the Tamil Nadu Housing Board and V. Saraswathiamal & Anr — The main issue is the compensation for expropriated land —The primary issue is whether the expropriated landowners are entitled to interest on 'solatium' and 'additional amount' from the date of land acquisition or from the date of a specific judgment —The court directed that the compensation amount be released to the respondents, subject to them providing adequate security — The mat India Law Library Docid # 2417158