(901) THE STATE OF HARYANA AND ANOTHER Vs. AMIN LAL (SINCE DECEASED) THROUGH HIS LRS AND OTHERS [SUPREME COURT OF INDIA] 19-11-2024 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 5 — Suit for Possession — Admission of title through Plea of Adverse Possession — The Court held that when a defendant pleads adverse possession, it implies an admission of the plaintiff's title — This is in accordance with Order 8 Rule 5, which states that allegations of fact not specifically denied are deemed to be admitted. India Law Library Docid # 2419821
(902) SIDDIQUE Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 19-11-2024 Criminal Procedure Code, 1973 (CrPC) — Section 438 — Penal Code, 1860 (IPC) — Sections 376 and 506 — Courts have the discretionary power to grant anticipatory bail under Section 438 of the Cr.P.C., considering the nature of the offense, delay in filing the complaint, complainant's actions, and imposing reasonable conditions to ensure appearance and prevent interference with the investigation. India Law Library Docid # 2419866
(903) THE STATE OF PUNJAB AND ANOTHER Vs. M/S FERROUS ALLOY FORGINGS P LTD. AND OTHERS [SUPREME COURT OF INDIA] 19-11-2024 Registration Act, 1908 — Section 17(2)(xii) — Non-Stampability of Sale Certificates from Court-Auctions — The Court clarifies that a sale certificate issued by a court or an authorized officer following a successful auction does not attract stamp duty under the Stamp Act — Such certificates are merely evidence of title and do not fall under the category of instruments that require registration or stamping under the Registration Act, 1908. India Law Library Docid # 2420082
(904) STATE BANK OF INDIA AND OTHERS Vs. NAVIN KUMAR SINHA [SUPREME COURT OF INDIA] 19-11-2024 State Bank of India Officers’ (Determination of Terms and Conditions of Service) Order, 1979 — State Bank of India Officers’ Service Rules, 1992 — Rule 68(1) — Decision to initiate and procedure for disciplinary action — Disciplinary proceedings against government employees or officers must be initiated during active service, not after retirement or superannuation India Law Library Docid # 2419767
(905) LEELA AGRAWAL Vs. SARKAR AND ANOTHER[SUPREME COURT OF INDIA] 19-11-2024 Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale — A mortgage deed, which ostensibly sells the mortgaged property with a condition that upon default of payment on a certain date the sale becomes absolute, satisfies the essentials of a mortgage by conditional sale under Section 58(c), if the condition is embodied in the same document, notwithstanding the mortgagor's continued possession of the property, which may be permissive in nature. India Law Library Docid # 2422709
(906) SATYENDRA SINGH Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 18-11-2024 Uttar Pradesh Government Servant(Discipline and Appeal) Rules, 1999 — Rule 7(3) — Procedure for imposing major Penalties — Disciplinary proceedings — Penalized with a censure entry and stoppage of two grade increments — The Tribunal quashed this penalty, but the High Court reinstated it — Whether the disciplinary proceedings and the penalty imposed on the appellant were justified and conducted according to the rules — The appellant argued that the inquiry was flawed as no witnesses were examine India Law Library Docid # 2419725
(907) GURMEET SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS [SUPREME COURT OF INDIA] 18-11-2024 Service Law — Work-charged employees — Benefits — The appellants, previously work-charged employees, sought benefits under the Proficiency Step-up Scheme, 1988, and the Assured Career Progression Scheme, 1998 — Whether the service rendered by the appellants as work-charged employees should be counted towards benefits under the Proficiency Step-up Scheme, 1988 —The appellants argued that similar benefits were extended to other employees and that denying them the same benefits was discriminatory — India Law Library Docid # 2419726
(908) RAMACHANDRA REDDY (DEAD) THR. LRS. AND OTHERS Vs. RAMULU AMMAL (DEAD) THR. LRS. [SUPREME COURT OF INDIA] 14-11-2024 Partition Suit — Dispute over the partition of property among the heirs of ‘B’ claimed 2/3rd share based on a 1963 settlement deed — Whether the deed was a gift or a settlement deed and whether the High Court was justified in overturning the concurrent findings of the lower courts — Petitioners argues that the deed was a settlement deed with valid consideration, and the High Court should not have disturbed the concurrent findings — Respondent states that the deed was a gift deed without adequate India Law Library Docid # 2419507
(909) SONAM LAKRA Vs. STATE OF CHHATTISGARH AND OTHERS[SUPREME COURT OF INDIA] 14-11-2024 Election Law — Gram Panchayat — Protection of Elected Representatives from Administrative Harassment — Courts must safeguard the democratic legitimacy of elected representatives, like Gram Panchayat Sarpanches, from unwarranted administrative actions, ensuring they are not wrongly held accountable for delays or failures not within their control, and protecting them from harassment and removal based on flimsy pretexts, upholding principles of natural justice and promoting women's empowerment in India Law Library Docid # 2422711
(910) DIDDE SRINIVAS @HAHS STATE SHO, PODDURU POLICE STATION AND ANOTHER[SUPREME COURT OF INDIA] 13-11-2024 Penal Code, 1860 (IPC) — Sections 376, 511 and 451 — Appeal against a High Court judgment that upheld the appellant's conviction — The appellant was initially convicted of rape under Section 376 read with Section 511 and house-trespass under Section 451, but the appellate court modified the rape conviction to one for assault or criminal force to a woman with intent to outrage her modesty under Section 354 IPC — The Supreme Court upheld the convictions under Sections 451 and 354 IPC, finding no r India Law Library Docid # 2421132
(911) LIFE INSURANCE CORPORATION OF INDIA AND OTHERS Vs. OM PARKASH[SUPREME COURT OF INDIA] 13-11-2024 Life Insurance Corporation of India (Staff) Regulation, 1960 — Termination — Absence from Duty — Supreme Court addressed an appeal by the Life Insurance Corporation of India (LIC) against a High Court decision that had overturned the termination of an employee — The employee was terminated for abandoning his service after being absent for over 90 days without informing his employer — The High Court ruled the termination was improper because the LIC did not conduct an inquiry or give the employee India Law Library Docid # 2421133
(912) IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES[SUPREME COURT OF INDIA] 13-11-2024 Demolition — The petitions challenge the demolition of properties of individuals accused of crimes without following due process of law — Whether the executive can demolish properties of accused persons as a penalty without judicial adjudication —Petitioner argues that the demolitions are arbitrary, violate the rule of law, and lack due process — Respondent states that the demolitions are conducted according to legal procedures and are justified — The court emphasized the importance of the rule India Law Library Docid # 2419453
(913) TINKU Vs. STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 13-11-2024 Service Law — Compassionate Appointment — Time Limit — The appellant sought compassionate appointment after his father, a constable, died on duty in 1997 — His mother, being illiterate, applied for him, but his claim was rejected in 2009 due to the time lapse —Whether appellant’s claim for compassionate appointment was valid despite the delay and if he was entitled to ex-gratia compensation — The Court upheld the rejection of claim for compassionate appointment due to the 11-year delay but allow India Law Library Docid # 2419508
(914) GANAPATI BHIKARAO NAIK Vs. NUCLEAR POWER CORPORATION OF INDIA LIMITED[SUPREME COURT OF INDIA] 13-11-2024 Service Law — Reinstatement in Service based on Labour Court Award —A Writ Court should not disturb a Labour Court's factual findings without compelling reasons; where an employee's reinstatement is awarded by a Labour Court due to unjust termination, as in cases of disputed eligibility for employment under a rehabilitation package, the High Court's interference with such award requires strong justification, and reinstatement with consequential service benefits, minus back wages for the period o India Law Library Docid # 2422714
(915) SHYAM KUMAR INANI Vs. VINOD AGRAWAL AND OTHERS [SUPREME COURT OF INDIA] 12-11-2024 Property Dispute — The case involves a dispute over 23.98 acres of land — The plaintiffs sought specific performance of a contract for the sale of this land, which was initially decreed by the Trial Court but dismissed by the High Court — The main issues include the validity of the Agreement to Sell, the plaintiffs' possession of the land, and whether the suit was barred by limitation — The plaintiffs argued that the Agreement to Sell was valid and binding, the entire sale consideration was paid India Law Library Docid # 2419454
(916) HITESH BHURALAL JAIN Vs. RAJPAL AMARNATH YADAV AND OTHERS[SUPREME COURT OF INDIA] 12-11-2024 Appointment of Receiver — Commercial Property Dispute — Appellant contested the appointment of a court receiver by the High Court of Bombay, arguing it was unnecessary given existing interim orders and injunctions — The High Court appointed the receiver citing the need to protect the interests of the respondent and prevent potential prejudice to their rights — The Supreme Court, after reviewing the case and the orders, found that the High Court did not provide sufficient justification for appoin India Law Library Docid # 2420405
(917) NOWHERA SHAIK AND ANOTHER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 11-11-2024 Auction — Refund of Amount to Investors — The petitioner proposed auctioning three properties to refund investors — The court directed the Enforcement Directorate (ED) and the State of Telangana to inquire about the status of these properties — The court also ordered the petitioner to declare the encumbrance status of the properties via affidavit — The petitioner was given an extension to surrender — The ED conducted a survey of the properties and submitted a report — The ED conducted physical v India Law Library Docid # 2421394
(918) M/S SIDDAMSETTY INFRA PROJECTS PVT. LTD. Vs. KATTA SUJATHA REDDY AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Transfer of Property Act 1882 — Section 55 — Specific Relief Act, 1963 — Section 10 — Dispute over the sale of agricultural land — Petitioner had entered into two agreements to sell with the original owners of the land in 1997, but the sale deeds were never executed — The petitioner filed a suit for specific performance of the agreements to sell, which was allowed by the High Court only to the extent of the consideration paid — The petitioner appealed to the Supreme Court, which allowed the appe India Law Library Docid # 2419389
(919) RAJIVE RATURI Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Sections 2(ze), 44, 45, 46 and 89 — Rights of Persons with Disabilities Rules, 2017 — Rule 15 — Inconsistencies between the RPWD Act, 2016 and the accessibility rules prescribed in Rule 15 of the RPWD Rules — The petitioner had filed a writ petition in 2005 seeking directions to ensure meaningful access to public spaces for persons with disabilities — The Court found that several of the guide India Law Library Docid # 2419390
(920) M/S CRYSTAL TRANSPORT PRIVATE LIMITED AND ANOTHER Vs. A FATHIMA FAREEDUNISA AND OTHERS [SUPREME COURT OF INDIA] 08-11-2024 Partnership Act, 1932 — Section 37 — Civil Procedure Code, 1908 (CPC) — Order 20 Rule 15 — The Supreme Court dismissed the appeals related to the dissolution of the partnership firm and the distribution of its assets and profits — The court affirmed the lower court's decision to remand the case for a new accounting process, as the initial trial court's decree was deemed inadequate due to insufficient evidence and non-compliance with the Partnership Act, 1932 — The court clarified that the outgoi India Law Library Docid # 2419391