(941) VASANTHA (DEAD) THR. LR. Vs. RAJALAKSHMI @ RAJAM (DEAD) THR. LRS. [SUPREME COURT OF INDIA] 13-02-2024 Family Property Dispute - Validity of settlement deeds and the rights of heirs to the property - The dispute began in 1947 with property transfer among family members, leading to a lawsuit filed in 1993 - The case progressed through various courts, culminating in this appeal - The primary legal issues revolve around the validity of settlement deeds and the rights of heirs to the property - The appellant contested the original plaintiff's cause of action, the timing of the suit, and the nature o India Law Library Docid # 1604104
(942) STATE BY THE INSPECTOR OF POLICE Vs. B. RAMU [SUPREME COURT OF INDIA] 12-02-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c), 20(b)(ii)(c) and 29(1) and 37 - Possession of 232.5 kg of ganja – Bail - The case involves the recovery of 232.5 kg of ganja, which is well above the commercial quantity defined by the NDPS Act - The main issue is whether the High Court was justified in granting anticipatory bail to the respondent-accused, considering the large quantity of narcotics recovered - The petitioner opposed the grant of anticipatory bail, highlightin India Law Library Docid # 1882510
(943) STATE OF RAJASTHAN Vs. SWARN SINGH @ BABA[SUPREME COURT OF INDIA] 12-02-2024 The present appeal arises out of the impugned order dtd. 18/2/2020 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. (Pet.) No.273 of 2020, whereby the High Court while allowing the said petition has directed all Courts in the State of Rajasthan that whenever an application is moved to summon the Call-details by the accused during the criminal proceedings, the same shall not be deferred and will be decided forthwith. India Law Library Docid # 1884123
(944) RUPASHREE H. R. Vs. STATE OF KARNATAKA[SUPREME COURT OF INDIA] 12-02-2024 Challenge by means of this petition under Article 32 of the Constitution is to the Resolution dtd. 16/3/2019 [Annexure P3], whereby the Mysore Bar Association resolved that no member of the Association would file a vakalatnama on behalf of the present petitioner, details of which were given in the Resolution and any other related case. This Court while entertaining the petition, vide order dtd. 6/10/2021 stayed the aforesaid Resolution of the Mysore Bar Association. On the previous date that is India Law Library Docid # 1884124
(945) SAMVIDHAN BACHAO TRUST Vs. ELECTION COMMISSION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 12-02-2024 Electoral rolls — The Samvidhan Bachao Trust filed a writ petition seeking various directions related to the preparation and revision of electoral rolls by the Election Commission of India — The main issues were the accuracy and fairness of the electoral rolls, including the deletion of names due to shifting, demographic similarities, and deaths — The petitioner argued that the electoral rolls were not being prepared accurately and that names were being deleted without proper notice and opportun India Law Library Docid # 2417315
(946) PUBLIC POLITICAL PARTY Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 12-02-2024 Appointment of Deputy Chief Ministers — The petitioner challenged the appointment of Deputy Chief Ministers in Indian states, arguing that the Constitution does not stipulate such an office — Whether the appointment of Deputy Chief Ministers is constitutional — The petitioner claimed that the Constitution does not provide for the office of Deputy Chief Minister — The Supreme Court dismissed the petition, stating that the title of Deputy Chief Minister does not violate the constitutional requirem India Law Library Docid # 2417316
(947) ASIYA KHAN AND ANOTHER Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 12-02-2024 Maintenance dispute — The case involves a maintenance dispute where the Family Court initially granted Rs. 12,000/- per month to the appellants (wife and minor daughter) — The High Court later reduced this amount without hearing the appellants — Whether the High Court's reduction of maintenance without hearing the appellants was justified — The Supreme Court set aside the High Court's orders and restored the original Family Court order — The revision applications are to be reheard by the High Co India Law Library Docid # 2417317
(948) STATE OF UTTAR PRADESH AND OTHERS Vs. GOPAL K. VERMA [SUPREME COURT OF INDIA] 12-02-2024 Delay in Payment of Fees to Lawyers — The State of Uttar Pradesh delayed payment of fees to lawyers representing the state, leading to legal action by the affected advocates — The main issue was the non-payment of fees to the advocates and the interest payable on the delayed payments — The Supreme Court directed the State of Uttar Pradesh to pay a reduced lump sum interest amount to the respondents within six weeks, failing which an 8% annual interest rate would apply — The Court emphasized the India Law Library Docid # 2417318
(949) RITA DWIVEDI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[SUPREME COURT OF INDIA] 12-02-2024 Habeas Corpus Petition — The petitioner seeking the production of her sister, who was allegedly detained by another sister and taken to Canada — The main issue was whether the Habeas Corpus petition was the appropriate legal remedy for the petitioner's grievance — The petitioner argued that her sister was illegally detained and taken to Canada without any legal right — Supreme Court dismissed the petition, stating that the petitioner should seek guardianship through the appropriate court if nece India Law Library Docid # 2419107
(950) GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. PRABHJIT SINGH SONI AND ANOTHER [SUPREME COURT OF INDIA] 12-02-2024 Insolvency and Bankruptcy Code, 2016 - Sections 31(1) and 60 - National Company Law Tribunal Rules, 2016 - Rule 11 - Inherent Powers - Recall of Resolution Plan approval order passed under Sec. 31(1) of IBC - Recall application was maintainable notwithstanding that an appeal lay before the NCLAT against the order of approval passed by the Adjudicating Authority - A Court or a Tribunal, in absence of any provision to the contrary, has inherent power to recall an order to secure the ends of justic India Law Library Docid # 1603919
(951) K. BABU Vs. M. SWARAJ AND OTHERS [SUPREME COURT OF INDIA] 12-02-2024 Representation of the People Act, 1951 - Sections 80, 81, 83, 84, 100, 101 and 123 - Corrupt practice - Use of picture of Lord Ayyappa in voting slips - Maintainability of election petition - Non-compliance with the requirements of Section 83 of the Act of 1951 is not fatal, as Section 86(1) thereof only speaks of non-compliance with Sections 81, 82 or 117 being the basis for dismissal of an election petition at the outset - Defects in an election petition that constitute non-compliance with Sec India Law Library Docid # 1603920
(952) MALLAPPA AND OTHERS Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 12-02-2024 Penal Code, 1860 (IPC) - Section 302 - Murder - Appeal against acquittal - Presumption of innocence - Testimony of witness - If the view of the Trial Court is a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal - There is a presumption of innocence in favour of the accused, unless proven guilty - Presumption continues at all stages of the trial and finally culminates into a fact when the case ends in acquittal - Presumption of innocence gets India Law Library Docid # 1603921
(953) DIRECTORATE OF ENFORCEMENT AND ANOTHER Vs. BABLU SONKAR AND ANOTHER [SUPREME COURT OF INDIA] 09-02-2024 We have heard the learned Additional Solicitor General for the appellants and the learned senior counsel appearing for the first respondent. The first respondent is the writ petitioner, who filed the writ petition in the Bombay High Court for quashing a complaint filed by the Enforcement Directorate under Prevention of Money Laundering Act, 2002 (for short PMLA). In the writ petition filed by the first respondent, there was no interim relief granted pending the hearing of the petition. The repor India Law Library Docid # 1882521
(954) K. RAMESH Vs. K. KOTHANDARAMAN[SUPREME COURT OF INDIA] 09-02-2024 Notice in the appeal was issued on 15/4/2019. Dasti service, in addition, was permitted. The learned Registrar has noted by his order dtd. 24/7/2019 that service of notice qua the sole respondent is complete but no one has entered appearance on his behalf. Even as per the latest Office Report dtd. 3/1/2024, it is noted that the respondent was served on 7/5/2019, but there is no representation on behalf of the respondent. In the circumstances, we have heard learned counsel for the appellant. India Law Library Docid # 1884126
(955) PUNJAB NATIONAL BANK Vs. GOVT. OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 09-02-2024 Banking Law — The case involves Punjab National Bank (PNB) and the National Green Tribunal's (NGT) judgment holding the bank responsible for illegal activities conducted by a borrower on the premises — Whether the financing bank (PNB) can be held responsible for the illegal activities of the borrower — The Supreme Court set aside the NGT's judgment, allowing PNB to transfer the property to the auction purchaser, Ram Singh Fogat, who must furnish an undertaking to conduct business legally — The C India Law Library Docid # 2417319
(956) NO.2809759H EX-RECRUIT BABANNA MACHCHED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 09-02-2024 Service Law - Dismissal of army personnel from service - Reinstatement - Non-consideration of reasoning before dismissing or discharging individuals from the Indian Army is deemed "bad in law" - Discharge/dismissal of army personnel from service is vitiated for non-consideration of their specific case that they have actually not produced any relationship certificate for selection/recruitment as they never applied in the reserved category - Tribunal also seems to have lost sight of the crucial po India Law Library Docid # 1603928
(957) MD. TAUHID @ KALLU, MANOJ SINGH Vs. STATE OF BIHAR[SUPREME COURT OF INDIA] 08-02-2024 The interim order was passed on 6/12/2023. From 6/12/2023 till date, the appellant-Md. Tauhid @ Kallu was called upon to join the investigation only once on 15 th January, 2024. Paragraph 9 of the counter affidavit reads thus: 9. That further as per order of Honble Supreme Court I.O has served notice to petitioner Tauhid @ Kallu, Manoj Singh on 15/01/2024 to join the investigation as mentioned in paragraph-71 of C.D. and thereafter Tauhid @ Kallu, Manoj Singh appeared before I.O. on 24/01/2024 a India Law Library Docid # 1884122
(958) UNION OF INDIA AND OTHERS Vs. PARAMISIVAN M. [SUPREME COURT OF INDIA] 08-02-2024 House Rent Allowance — House Rent Allowance (HRA) for Personnel Below Officer Rank (PBOR) in the Central Industrial Security Force (CISF) — The main issue is whether PBORs in the CISF are entitled to HRA when rent-free accommodation is not provided — The Union of India argued that the interpretation of Rule 61 of the CISF Rules by the High Court was incorrect and discriminatory — The respondents argued that they were entitled to HRA as per Rule 61 when rent-free accommodation was not provided — India Law Library Docid # 2417320
(959) BALVEER BATRA Vs. THE NEW INDIA ASSURANCE COMPANY AND ANOTHER [SUPREME COURT OF INDIA] 08-02-2024 Motor Accident Claims — The appellant’s son died in a motor vehicle accident involving a tractor — The appellant filed for compensation, but the claim was dismissed due to lack of territorial jurisdiction — The main issue was whether the Tribunal had territorial jurisdiction to entertain the claim — The appellant argued that the Tribunal should have jurisdiction as the insurance company had an office within the Tribunal’s limits — The respondents contended that the accident did not occur within India Law Library Docid # 2417321
(960) NARESH CHANDRA AGRAWAL Vs. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-02-2024 Chartered Accountants Act, 1949 - Section 29A - Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 - Rule 9(3)(b) - Refer a complaint for misconduct to the Disciplinary Committee - Rule 9(3)(b) of the Chartered Accountants (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 falls within the scope of the general delegation of power under Section 29A(1). India Law Library Docid # 1603918