(41) GEORGE Vs. THE STATE OF TAMIL NADU AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 Penal Code, 1860 (IPC) — Sections 294(b), 341, 302 and 506(ii) — Reliability of Sole Witness Testimony — The Court reiterates that while a conviction can be based on the sole testimony of a witness, the principle ‘falsus in uno, falsus in omnibus’ (false in one, false in all) does not automatically apply in Indian criminal jurisprudence — However, the Court emphasizes that the testimony of a sole witness, especially an interested witness, must be scrutinized with great caution and circumspectio India Law Library Docid # 2420738
(42) MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. VIVEK V. GAWDE ETC. ETC. [SUPREME COURT OF INDIA] 13-12-2024 Mumbai Municipal Corporation Act, 1888 — Section 105B(1) and 105H — Eviction Proceedings — Summary Nature of Proceedings — Eviction proceedings under Chapter V-A of the Act are summary in nature, requiring notice to the occupant and an opportunity to defend. India Law Library Docid # 2420739
(43) UNION OF INDIA AND OTHERS Vs. ROHIT NANDAN [SUPREME COURT OF INDIA] 13-12-2024 Caste categorization — The Court clarified that state notifications altering the caste categorization from OBC to SC or vice versa without parliamentary approval are invalid — This sets a precedent for similar cases where state governments attempt to change caste classifications without constitutional authority. India Law Library Docid # 2420740
(44) INDORE DEVELOPMENT AUTHORITY Vs. DR. HEMANT MANDOVRA [SUPREME COURT OF INDIA] 13-12-2024 Consumer Law — Housing — Allotment — Respondent was allotted a plot by Indore Development Authority in 1995 but failed to deposit the full amount by the deadline — The authority canceled the allotment, but respondent successfully challenged this in the High Court, which ordered the authority to reinstate the allotment and accept the late payment — Subsequent legal battles in consumer forums and the National Commission led to orders directing the authority to handover possession upon receipt of t India Law Library Docid # 2420741
(45) URBAN IMPROVEMENT TRUST Vs. SMT. VIDHYA DEVI AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 Rajasthan Urban Improvement Act, 1959 — Section 52(2) — Notice Requirements — Individual notices under Section 52(2) of the RUI Act were not served, but constructive notice was given as landowners participated in proceedings — Improper service of notice invalidated the acquisition notification for Moongaska land but not for Nangli Kota lands. India Law Library Docid # 2420742
(46) OM PRAKASH YADAV Vs. NIRANJAN KUMAR UPADHYAY AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 Criminal Procedure Code, 1973 (CrPC) — Section 197 — Scope of Section 197 —Not a Universal Rule — The Court clarified that there cannot be a one-size-fits-all rule for determining whether an act falls under Section 197 CrPC — Each case must be decided based on its unique facts and circumstances. India Law Library Docid # 2420743
(47) CELIR LLP Vs. MR. SUMATI PRASAD BAFNA AND OTHERS [SUPREME COURT OF INDIA] 13-12-2024 SARFAESI Act and Auction Proceedings — Auction Notice Period — The Court clarified that for subsequent auctions after the first failed auction, a 15-day notice period between the notice of sale and the auction date is sufficient, as per the proviso to Rule 9(1) of the SARFAESI Rules. India Law Library Docid # 2420744
(48) PROPOSED VAIBHAV COOPERATIVE HOUSING SOCIETY LIMITED Vs. STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 12-12-2024 Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 —Transparency in Land Allotment — Rule 27 — Rule of Disclosure —The Court stressed the importance of transparency in the allotment of government land. It highlighted that reasons for discretionary allotments must be disclosed in writing (Clause 12(8) of GR 1999). India Law Library Docid # 2420733
(49) NAVRATAN LAL SHARMA Vs. RADHA MOHAN SHARMA AND OTHERS[SUPREME COURT OF INDIA] 12-12-2024 Civil Procedure Code, 1908 (CPC) — Order 23 Rule 3A, Order 43 Rule 1(m) and Section 96(3) — Restoration of Appeal as a Statutory Right — The Supreme Court reaffirms that restoration of a dismissed appeal is a statutory right available to a party under Order 23, Rule 3A of the Code of Civil Procedure (CPC), provided the conditions for restoration are met — The court clarifies that denying restoration simply because the original order did not explicitly grant liberty to restore is incorrect and de India Law Library Docid # 2420734
(50) SMT. NARESH KUMARI AND OTHERS Vs. SMT. CHAMELI AND OTHERS [SUPREME COURT OF INDIA] 11-12-2024 Onerous Gifts and Forced Labor — The Court established that a gift conditioned upon perpetual, unpaid services would be unconstitutional and amount to forced labor, violating fundamental rights under Articles 14, 21, and 23 of the Constitution. India Law Library Docid # 2420706
(51) DUSHYANT JANBANDHU Vs. M/S HYUNDAI AUTOEVER INDIA PVT. LTD. [SUPREME COURT OF INDIA] 11-12-2024 Abuse of Process in Arbitration — The Court held that filing a Section 11(6) petition under the Arbitration and Conciliation Act, 1996, as an abuse of process when the disputes are clearly non-arbitrable and pending before statutory authorities is impermissible — The petition was deemed an attempt to threaten the appellant for exercising his rights under the Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947. India Law Library Docid # 2420707
(52) BABY SAKSHI GREOLA Vs. MANZOOR AHMAD SIMON AND ANOTHER [SUPREME COURT OF INDIA] 11-12-2024 Motor Vehicles Act, 1988 — Section 166 — 75% mental retardation and lifelong dependency — Enhancement of Compensation —Supreme Court allowed the appeal of claimant, who suffered grievous injuries in a motor vehicle accident, and significantly enhanced the compensation awarded — The Court found that the High Court's assessment was inadequate, particularly under heads like pain and suffering, loss of marriage prospects, and attendant charges — It reasoned that given claimant’s 75% mental retardati India Law Library Docid # 2420708
(53) ARJUN S/O RATAN GAIKWAD Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 11-12-2024 Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 — Section 3(2) — Distinction Between Law and Order and Public Order — Public Order involves disturbances that subvert the public order and have a broader impact on the community or general public, evoking feelings of fear, panic, or insecurity —Law and Order deals with breaches of peace India Law Library Docid # 2420735
(54) BANWARI AND OTHERS Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (HSIIDC) AND ANOTHER [SUPREME COURT OF INDIA] 10-12-2024 Land Acquisition Act, 1894 — Sections 18 and 28A – Scope of — Beneficent Legislation — The Court held that Section 28-A is a beneficent provision intended to remove inequality and provide relief to inarticulate and poor landowners who cannot take advantage of the right of reference under Section 18 of the 1894 Act. India Law Library Docid # 2420563
(55) PARVIN KUMAR JAIN Vs. ANJU JAIN [SUPREME COURT OF INDIA] 10-12-2024 Hindu Marriage Act, 1955 — Section 24 — Irretrievable Breakdown of Marriage —The Court reaffirmed its discretionary power under Article 142 of the Constitution of India to dissolve a marriage that has irretrievably broken down — Factors such as the period of cohabitation, separation, attempts at reconciliation, and nature of allegations between the parties are to be considered in determining irretrievable breakdown. India Law Library Docid # 2420655
(56) MUTHUPANDI Vs. STATE THROUGH THE INSPECTOR OF POLICE, NILAKOTTAI STATION, DINDIGUL [SUPREME COURT OF INDIA] 10-12-2024 Criminal Procedure Code, 1973 (CrPC) — Section 357(3) — Penal Code, 1860 (IPC) — Sections 279 and 304A — Death by Rash and Negligent Driving — Use of Section 357(3) CrPC for Compensation — The court established a precedent that under Section 357(3) of the Code of Criminal Procedure, the judiciary has the discretion to award compensation to the victims or their families in lieu of or in addition to imprisonment, especially in cases of rash and negligent driving leading to death. India Law Library Docid # 2420656
(57) JAYEDEEPSINH PRAVINSINH CHAVDA AND OTHERS Vs. STATE OF GUJARAT [SUPREME COURT OF INDIA] 10-12-2024 Penal Code, 1860 (IPC) — Sections 306, 498A and 114 — Abetment to Suicide —The deceased wife committed suicide after alleged physical and mental harassment by her husband and in-laws, including the sale of her streedhan ornaments — Whether the appellants should be discharged from charges under Sections 306 and 498A IPC — The appellants claimed no mens rea or direct involvement in the suicide, while the prosecution argued harassment constituted cruelty — The Court held that while cruelty under Se India Law Library Docid # 2420657
(58) CHANDIGARH ADMINISTRATOR AND OTHERS. AND ETC. ETC. Vs. MANJIT KUMAR GULATI AND OTHERS AND ETC. ETC. [SUPREME COURT OF INDIA] 10-12-2024 Capital of Punjab (Development and Regulation) Act, 1952 — Section 2(k) — “transferee” — The appellants sold a plot on lease to allottees who defaulted on payments, leading to lease cancellation by statutory authorities — The allottees and an alleged tenant challenged these actions in the High Court, which restored the plot — Legitimacy of the High Court's decision to restore the plot, and the tenant's standing to challenge the lease cancellation — Appellants argued the allottees' defaults justi India Law Library Docid # 2420658
(59) CHADURANGA KANTHRAJ URS AND ANOTHER Vs. P. RAVI KUMAR AND OTHERS [SUPREME COURT OF INDIA] 10-12-2024 Karnataka Town and Country Planning (Benefit of Development Rights) Rules, 2016 — Karnataka Stamp Act, 1957 — Section 45B — The landowners claimed that the Karnataka government and its agencies failed to issue Transfer of Development Rights (TDR) as ordered by the Supreme Court in 2014 and 2022, despite acquiring their land for road widening — The government argued financial hardship and sought to modify the orders but was rejected — Whether the government's delay and attempt to alter the TDR va India Law Library Docid # 2420659
(60) DARA LAKSHMI NARAYANA AND OTHERS Vs. STATE OF TELANGANA AND ANOTHER [SUPREME COURT OF INDIA] 10-12-2024 Penal Code, 1860 (IPC) — Section 498A — Dowry Prohibition Act, 1961 — Sections 3 and 4 — The case involves a marital dispute where the wife filed an FIR against her husband and his family members, alleging dowry demands and harassment — However, the husband and his family claimed that the wife left the matrimonial home multiple times and later filed the FIR in response to his divorce notice — Whether the FIR should be quashed given the vague allegations and the context of the marital dispute — T India Law Library Docid # 2420660