(401) AJAY KUMAR BHALLA AND OTHERS Vs. PRAKASH KUMAR DIXIT [SUPREME COURT OF INDIA] 29-07-2024 Contempt of Courts Act, 1971 — Section 19 — The petitioner was removed from service in July 1995 for alleged misconduct — After several legal proceedings, the Delhi High Court ordered his reinstatement with minor penalties and promotions — Whether the Letters Patent Appeal against the Single Judge's order was maintainable —The Supreme Court set aside the Division Bench's judgment and restored the Letters Patent Appeal for consideration on merits —The appeal under Section 19 of the Contempt of Co India Law Library Docid # 2417159
(402) N. F RAILWAY VENDING AND CATERING CONTRACTORS ASSOCIATION LUMDING DIVISION Vs. THE UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 29-07-2024 The case involves the N.F. Railway Vending and Catering Contractors Association Lumding Division challenging a decision by the Gauhati High Court — The main issue is whether a party that has withdrawn proceedings before a competent court without obtaining leave to file fresh proceedings can initiate a new case — The Supreme Court condoned the delay in filing and found little reason to agree with the previous judgment by a coordinate bench — The matter has been referred to a larger bench for furt India Law Library Docid # 2417160
(403) VIDYA AND OTHERS Vs. M/S PARSVNATH DEVELOPERS LTD [SUPREME COURT OF INDIA] 29-07-2024 Consumer Law — Housing — Delay in delivery of possession of the Flat — Appellants purchased a flat from a developer but faced significant delays in receiving possession — They filed a complaint seeking a refund and interest — The National Consumer Disputes Redressal Commission (NCDRC) partly allowed the complaint, ordering the developer to refund the full amount paid along with interest at 9% per annum — On appeal, the Supreme Court upheld the refund order but increased the interest rate to 12% India Law Library Docid # 1604304
(404) THE LEGAL ATTORNEYS AND BARRISTERS LAW FIRM Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 26-07-2024 Requirement of proficiency in the state's language for appointment to the District Judicial Service — The petition was filed by The Legal Attorneys and Barristers Law Firm against the Union of India & Ors. regarding the requirement of proficiency in the state's language for appointment to the District Judicial Service — The main issue was whether the requirement of proficiency in the state's language for judicial appointments is valid — The Supreme Court dismissed the petition, stating that the India Law Library Docid # 2417161
(405) NALINI PRUSTY Vs. ENFORCEMENT DIRECTORATE [SUPREME COURT OF INDIA] 26-07-2024 In view of a decision of this Court in the case of Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office, 2024 INSC 434, the interim order dated 6th May, 2024 is made absolute on the same terms and conditions. India Law Library Docid # 2417162
(406) AJAY KUMAR YADAV @ AJAY RAI AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS [SUPREME COURT OF INDIA] 26-07-2024 Demolition — Petitioners' houses were ordered to be demolished by the High Court of Patna, allegedly built on public land — Despite a status quo order, the demolition continued — Whether the High Court's demolition order was justified and if the authorities' actions violated the interim order — Petitioner argues that the High Court issued demolition orders hastily while statutory appeals were pending —Respondent claimed the status quo order was subject to the pending appeals, which had already b India Law Library Docid # 2417163
(407) UP ROADWAYS RETIRED OFFICIALS AND OFFICERS ASSOCIATION Vs. STATE OF U.P. AND ANOTHER [SUPREME COURT OF INDIA] 26-07-2024 Service Law — Pension — Former employees of the UPSRTC — The Supreme Court has dismissed a batch of civil appeals challenging the pension entitlement of former employees of the Uttar Pradesh State Road Transport Corporation (UPSRTC) — The court held that only those employees who were absorbed from the State Government and held permanent posts prior to their absorption in the UPSRTC are entitled to pension — The court also set aside orders passed by the Allahabad High Court that extended pensiona India Law Library Docid # 1604303
(408) MANHARAN RAJWADE Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 25-07-2024 Penal Code, 1860 (IPC) — Section 302 — Murder — Acquittal — The court found that the prosecution had failed to prove the only circumstance it relied upon, namely, that the appellant and the deceased were last seen together — The court stated that the prosecution had not discharged the burden on it to prove that the appellant was last seen together with the deceased wife, and therefore, Section 106 of the Evidence Act could not be invoked to shift the burden on the appellant — The court also note India Law Library Docid # 1604310
(409) MINERAL AREA DEVELOPMENT AUTHORITY AND ANOTHER Vs. M/S STEEL AUTHORITY OF INDIA AND ANOTHER ETC. [SUPREME COURT OF INDIA] 25-07-2024 The case revolves around the question of whether royalty, as defined under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), is a tax or an exaction — The majority opinion holds that royalty is not a tax but a payment for the extraction of minerals from land — It also concludes that the State's power to impose taxes on mineral rights is subject to any limitations imposed by Parliament under Entry 50 of List II of the Seventh Schedule of the Constitution. India Law Library Docid # 1604301
(410) KISHAN CHAND JAIN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 24-07-2024 PIL — National Judicial Data Grid — The petitioner filed a Public Interest Litigation (PIL) seeking the incorporation of all Tribunals into the National Judicial Data Grid (NJDG) — The Supreme Court stated that the direction sought cannot be issued as the NJDG is part of the E-Courts Project, a distinct administrative project sanctioned by the Government of India — The petitioner is at liberty to pursue other remedies or move the Central Government at an appropriate level — The Writ Petition and India Law Library Docid # 2417164
(411) CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA AND ANOTHER Vs. ARVIND KUMAR THAKUR AND ANOTHER [SUPREME COURT OF INDIA] 24-07-2024 National Highways Act, 1956 — National Highways Fee (Determination of Rates and Collection) Rules, 2008 — Supreme Court set aside the judgment of the High Court that had directed the NHAI not to levy and collect any fee from users at Runni Toll Plaza on Muzaffarpur-Sonbarsa section of National Highway-77 with effect from 07.07.2015 — The Court observed that the High Court had merely referred to Rule 3(1) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 but did not India Law Library Docid # 1604311
(412) SHRI GURUDATTA SUGARS MARKETING PVT. LTD. Vs. PRITHVIRAJ SAYAJIRAO DESHMUKH AND OTHERS [SUPREME COURT OF INDIA] 24-07-2024 Negotiable Instruments Act, 1881 — Section 143A — Supreme Court upheld the decision of the Bombay High Court regarding the interpretation of Section 143A of the Act 1881 — The High Court had held that an authorized signatory of a company is not a "drawer" of a cheque within the meaning of Section 143A of the NI Act —The Supreme Court analyzed the provisions of the NI Act and the legal precedents on the subject, and concluded that the primary liability for an offence under Section 138 of the NI A India Law Library Docid # 1604302
(413) MEENAKSHI Vs. ORIENTAL INSURANCE CO. LTD [SUPREME COURT OF INDIA] 23-07-2024 Motor Accident Claims — The Accident Claims Tribunal awarded her Rs. 1,04,01,000 as compensation, which was later reduced by the High Court — Whether the High Court was correct in excluding certain allowances from the deceased's salary while calculating compensation — The petitioner argued that allowances like house rent, flexible benefit plan, and provident fund contributions should be included in the salary for calculating future prospects — The respondent (Insurance Company) contended that th India Law Library Docid # 2417165
(414) KISHORCHANDRA CHHANGANLAL RATHOD Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024 Election Law — The appellant challenged the delimitation exercise that reserved the Bardoli Legislative Assembly Constituency for the Scheduled Caste community —Whether the High Court was correct in dismissing the writ petition based on Article 329(a) of the Constitution, which bars court interference in electoral matters —The Supreme Court partially allowed the appeal, stating that judicial review is not entirely barred in delimitation matters — The Court emphasized that while Article 329 restr India Law Library Docid # 2417166
(415) THE GOA FOUNDATION Vs. THE GOA STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024 National Green Tribunal Act, 2010 — Sections 14 and 15 — Environmental protection, procedural fairness, and the jurisdiction of the NGT — Construction of the Tiracol Bridge in Goa — The court noted that the NGT failed to provide the appellant an opportunity to respond to a critical report, which violated the principles of natural justice — Additionally, the court clarified that matters related to Goa and Maharashtra should be heard by the Western Zonal Bench of the NGT — The judgment also mainta India Law Library Docid # 1604312
(416) BRS VENTURES INVESTMENTS LTD. Vs. SREI INFRASTRUCTURE FINANCE LTD. AND ANOTHER [SUPREME COURT OF INDIA] 23-07-2024 Insolvency and Bankruptcy Code, 2016 — Section 7 — Appellant provided a corporate guarantee for a loan to Gujarat Hydrocarbon and Power SEZ Ltd. (corporate debtor) — After the debtor defaulted, the appellant paid Rs. 38.87 crores under a resolution plan — The appellant then sought to recover the entire amount from the debtor, arguing subrogation — Both the National Company Law Appellate Tribunal and the Supreme Court dismissed the appeal, stating that the payment did not discharge the debtor's l India Law Library Docid # 1604295
(417) BIHAR STATE ELECTRICITY BOARD AND OTHERS Vs. DHARAMDEO DAS [SUPREME COURT OF INDIA] 23-07-2024 Service Law — Promotion — Dispute regarding the date of promotion to the post of Joint Secretary — The respondent claimed that he should be promoted from the post of Under Secretary to Joint Secretary with effect from 29th July, 1997, when the post had fallen vacant, instead of 5th March, 2003, which was the date of his actual promotion — The High Court of Patna upheld the respondent's claim and directed the Board to promote the respondent to the post of Joint Secretary with effect from 29th Jul India Law Library Docid # 1604296
(418) UNION OF INDIA AND OTHERS Vs. SHISHU PAL @ SHIV PAL [SUPREME COURT OF INDIA] 23-07-2024 Service Law — Termination — The Supreme Court upheld the termination of a CRPF constable's services for concealing information about pending criminal cases against him in his verification roll — The court held that the CRPF constable had deliberately withheld material information from the CRPF while filling up the verification roll, despite being aware of the FIR registered against him and the ensuing criminal cases — The court noted that the standard of rectitude to be applied to any person see India Law Library Docid # 1604297
(419) GENE CAMPAIGN AND ANOTHER Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024 Genetically Modified Organisms — Regulation and approval of genetically modified organisms — Environmental release of transgenic mustard hybrid DMH-11 — The Supreme Court has quashed the approval of the environmental release of transgenic mustard hybrid DMH-11, developed by the Centre for Genetic Manipulation of Crop Plants (CGMCP) at the University of Delhi — The court found that the decision-making process was arbitrary and violated the precautionary principle — The court directed the governme India Law Library Docid # 1604298
(420) VANSHIKA YADAV Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 23-07-2024 NEET Examination — Supreme Court ruled that a fresh NEET (UG) 2024 examination is not necessary, and the results of the examination should be declared as valid, subject to certain modifications — The Court found no systemic breach in the sanctity of the examination and no conclusive material to lead to the conclusion that the entire result stands vitiated or that there was a systemic leak of the question paper — The Court allowed students with individual grievances to pursue their rights and re India Law Library Docid # 1604299