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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
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Latest Cases

(1) ARVIND KEJRIWAL Vs. DIRECTORATE OF ENFORCEMENT [SUPREME COURT OF INDIA] 10-05-2024
Prevention of Money Laundering Act, 2002 - Section 19 – Arvind Kejriwal, the appellant, is challenging his arrest by the Directorate of Enforcement on 21.03.2024, which was upheld by the trial court and the High Court of Delhi - The case involves legal pleas concerning the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002 - The Court is considering granting interim bail to Kejriwal due to the ongoing 18th Lok Sabha General Elections and the importance of his parti
India Law Library Docid # 1604158

(2) MRUGENDRA INDRAVADAN MEHTA AND OTHERS Vs. AHMEDABAD MUNICIPAL CORPORATION [SUPREME COURT OF INDIA] 10-05-2024
Gujarat Town Planning and Urban Development Act, 1976 – Section 65, 68, 84 and 85 - The case involves appeals against a High Court judgment concerning compensation for land under the Town Planning Scheme in Ahmedabad - The main issues revolve around the allotment of land, compensation for reduced plot size, and the maintainability of the suit - The plaintiffs argued for compensation due to the reduced size of the allotted plot and the Corporation's failure to deliver possession of the original p
India Law Library Docid # 1604159

(3) STATE OF ORISSA Vs. SANTI KUMAR MITRA AND ANOTHER [SUPREME COURT OF INDIA] 10-05-2024
Bihar and Orissa Government Estates Manual, 1919 - Clause 20 - The case involved a lease agreement for a property that had expired, and the lessee's legal heirs sought to renew the lease - The State of Orissa contested the renewal, citing various breaches of the lease agreement - The court found that the lessee's legal heirs had failed to comply with the terms and conditions of the lease agreement and the manual - The court also noted that the lessee's legal heirs had not applied for renewal wit
India Law Library Docid # 1604160

(4) SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD Vs. RAGHACHAND ASSOCIATES [SUPREME COURT OF INDIA] 10-05-2024
Consumer Protection Act, 1986 - Sections 2 (1) (d) and Section 2(1)(m) – The appellant challenged the National Consumer Disputes Redressal Commission's order regarding the non-refund of a chit fund subscription - The complainant filed a complaint after the appellant stopped the chit business, arguing that the service was for a commercial purpose, which would exclude them from the Consumer Protection Act, 1986 - The appellant argued that the respondent did not qualify as a 'consumer' because the
India Law Library Docid # 1604161

(5) UNION OF INDIA Vs. MRITYUNJAY KUMAR SINGH @ MRITYUNJAY @ SONU SINGH [SUPREME COURT OF INDIA] 10-05-2024
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 452, 302, 353 and 379 - Arms Act, 1959 - Section 27 - Criminal Law (Amendment) Act, 2013 - Sections 17(i) and 17(ii) Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 17 and 18 – The Union of India is appealing against a High Court order that granted bail to a respondent linked to a terrorist attack by CPI (Maoist), resulting in the death of four police personnel and the looting of arms and ammunition - The Union argues that the respon
India Law Library Docid # 1604162

(6) MUNICIPAL COMMITTEE KATRA AND OTHERS Vs. ASHWANI KUMAR [SUPREME COURT OF INDIA] 09-05-2024
Transportation Contract - The case revolves around a dispute over a contract for transportation services to the Mata Vaishno Devi shrine - The respondent, the highest bidder, failed to comply with the tender's financial conditions, leading to a civil dispute over monetary relief - The Municipal Committee, Katra, argued that the respondent's failure to comply led to a delay in contract execution and that the High Court should not have entertained the claim for damages - The respondent claimed tha
India Law Library Docid # 1604157

(7) SHEIKH NOORUL HASSAN Vs. NAHAKPAM INDRAJIT SINGH AND OTHERS [SUPREME COURT OF INDIA] 08-05-2024
Representation of Peoples Act, 1951 - Sections 81(1), 100(1)(d)(i)(ii) and 100(1)(d)(i)(iv) –Civil Procedure Code, 1908 - Order 8 Rule 97 – Grant of leave to file a replication in answer to new facts asserted in the written statement filed by the returned candidate – The Supreme Court of India recently addressed an appeal against an order passed by the Manipur High Court, which granted leave to the election petitioner to file a replication in response to new facts in the returned candidate's wri
India Law Library Docid # 1604149

(8) UNION OF INDIA AND OTHERS Vs. SANTOSH KUMAR TIWARI [SUPREME COURT OF INDIA] 08-05-2024
Central Reserve Police Force Act, 1949 - Section 11(1) – Central Reserve Police Force Rules, 1955 - Rule 27 - Compulsory Retirement – Head Constable in the CRPF was compulsorily retired after being charged with assaulting a colleague - His departmental appeal was dismissed - The High Court of Orissa affirmed the Single Judge's decision to set aside the compulsory retirement, stating it wasn't a prescribed punishment under the CRPF Act - The appellants challenged the High Court's decision, arguin
India Law Library Docid # 1604150

(9) SELVAMANI Vs. THE STATE REP. BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 08-05-2024
Penal Code, 1860 (IPC) - Sections 376(2)(g) and 506(1) - Tamil Nadu Prevention of Women Harassment Act, 1998 - Section 4 – Gang Rape – The victim's testimony, along with her mother and aunt's statements, was consistent with the initial complaint and corroborated by medical evidence - The defense argued that the long gap between the victim's examination-in-chief and cross-examination led to inconsistencies in the witnesses' testimonies - Whether the long gap between the victim's examination-in-ch
India Law Library Docid # 1604151

(10) VIJAY LAXMAN BHAWE SINCE DECEASED THROUGH HIS LEGAL HEIRS Vs. P & S NIRMAN PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 08-05-2024
Limitation Act, 1963 – Section 5 - Condonation of delay - The court emphasized that the reasons given for condoning the delay in filing an application for restoration of a suit must constitute "sufficient cause" as per the law. The court's decision highlights the importance of having valid and compelling reasons for condoning delay in legal proceedings.

B. Dismissal of Civil Suit - Condonation of delay - The appeal challenges a High Court judgment regarding the dismissal of a civil suit for wa
India Law Library Docid # 1604152

(11) K.P. KHEMKA AND ANOTHER Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED AND OTHERS [SUPREME COURT OF INDIA] 08-05-2024
Limitation Act, 1963 - Haryana Public Moneys (Recovery of Dues) Act, 1979 - Section 3(1)(b) - State Financial Corporation Act, 1951 – Section 29 – The appeals arise from a High Court judgment regarding the recovery of time-barred debts under the Act, 1979, and the Act, 1951 - The main issue is whether a debt time-barred under the Limitation Act can be recovered using the aforementioned Acts - The appellants argued that time-barred debts cannot be recovered under the Recovery of Dues Act, citing
India Law Library Docid # 1604153

(12) MRS. BHUMIKABEN N. MODI AND OTHERS Vs. LIFE INSURANCE CORPORATION OF INDIA [SUPREME COURT OF INDIA] 08-05-2024
Consumer Law – Policy Claim - The appellants, family of the deceased, filed a complaint after the LIC repudiated their claim on a policy following the policyholder's accidental death - The main issue was whether there was a concluded contract between the deceased and LIC at the time of his death, which would obligate LIC to pay the insurance benefits - The appellants argued that LIC had accepted the first premium and issued a receipt, thereby assuming risk and concluding the contract before the
India Law Library Docid # 1604154

(13) COL. RAMNEESH PAL SINGH Vs. SUGANDHI AGGARWAL [SUPREME COURT OF INDIA] 08-05-2024
Guardian and Wards Act, 1890 - Sections 7, 9 and 25 – Custody Dispute - The case revolves around a custody dispute over two minor children following the deterioration of the marriage between the petitioner and respondent - The High Court granted shared custody, which was challenged by the appellant - The primary issue is the guardianship and welfare of the children, considering their preferences and the capabilities of each parent - The appellant argued that the children have been residing with
India Law Library Docid # 1604155

(14) ALL INDIA BANK OFFICERS’ CONFEDERATION Vs. THE REGIONAL MANAGER, CENTRAL BANK OF INDIA, AND OTHERS[SUPREME COURT OF INDIA] 07-05-2024
Income Tax Act, 1961 - Section 17(2)(viii) - Income Tax Rules, 1962 - Rule 3(7)(i) – The appeals involve challenges to the vires of Section 17(2)(viii) of the Income Tax Act and Rule 3(7)(i) of the Income Tax Rules, concerning the taxation of perquisites in the form of interest-free/concessional loans to bank employees - The primary issues are whether these provisions result in excessive delegation of legislative function to the Central Board of Direct Taxes (CBDT) and if Rule 3(7)(i) is arbitra
India Law Library Docid # 1604142

(15) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. M/S HINDUSTAN CONSTRUCTION COMPANY LTD. [SUPREME COURT OF INDIA] 07-05-2024
National Highways Authority of India Act, 1988 - Section 3 - Arbitration and Conciliation Act 1996 – Sections 34 and 37 – NHAI awarded a contract to Hindustan Construction Company Ltd. for the Allahabad Bypass Project, leading to disputes over additional costs - The main issues involved claims for increased rates of royalty, sales tax, forest transit fees, and payment for embankment work - NHAI argued that price adjustments should be based on the Wholesale Price Index (WPI) and that embankment c
India Law Library Docid # 1604143

(16) JAGVIR SINGH Vs. STATE OF U.P.[SUPREME COURT OF INDIA] 07-05-2024
Penal Code, 1860 (IPC) – Section 302 – Murder – The main issue is the reliability of eyewitnesses and the identification of the assailants who fired at the victim resulting in his death - The appellant's counsel argued that the eyewitnesses' testimonies are unreliable and that the incident's description is improbable, suggesting that the appellant was falsely implicated - The State opposed the appeal, asserting that the conviction is based on concurrent findings of facts by the trial court and t
India Law Library Docid # 1604144

(17) SUKHPAL SINGH Vs. NCT OF DELHI [SUPREME COURT OF INDIA] 07-05-2024
Penal Code, 1860 (IPC) – Section 302 - Murder of wife - The appeal raises questions about the admissibility of evidence, particularly the statement of a witness recorded under Section 299 CrPC and a confessional note allegedly written by the appellant - The appellant's counsel argued that the trial court erred in admitting the statement of the complainant and questioned the authenticity of the confessional note and the handwriting expert's report - The State contended that the chain of incrimina
India Law Library Docid # 1604145

(18) SHRIPAL AND ANOTHER Vs. KARNATAKA NERAVARI NIGAM LTD. AND ANOTHER [SUPREME COURT OF INDIA] 07-05-2024
Land Acquisition Act, 1894 – Section 4(1) – Determination of fair market value - The appellants, land losers, sought enhanced compensation for their lands acquired for the Hippargi Barrage project in 2007 - The initial compensation was Rs.1,31,263 per acre - The main issue was the determination of fair market value for the acquired irrigated lands - The appellants argued for compensation at the rate of Rs.5,00,000 per acre, citing a precedent where the High Court awarded this amount for similar
India Law Library Docid # 1604146

(19) AMANATULLAH KHAN Vs. THE COMMISSIONER OF POLICE, DELHI AND OTHERS [SUPREME COURT OF INDIA] 07-05-2024
Criminal Law – ‘History Sheet’ - The appellant challenged the inclusion of his minor children's details in a 'History Sheet' and the proposal to declare him a ‘Bad Character’ in the police records - The primary issue was the inclusion of innocent family members, particularly minors, in the 'History Sheet' without any adverse material against them - The appellant argued for the quashing of the 'History Sheet' and the proposal to declare him a 'Bad Character', emphasizing the lack of evidence agai
India Law Library Docid # 1604147

(20) CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER Vs. THE STATE OF KARNATAKA AND ANOTHER [SUPREME COURT OF INDIA] 07-05-2024
Penal Code, 1860 (IPC) – Sections 376(i) and 342 - Protection of Children from Sexual Offences Act, 2012 - Sections 4, 5, 6, 7, 8 and 14(3)– The appeal involves a Child in Conflict with Law (CCL) challenging the High Court's order which set aside the Juvenile Justice Board's decision and directed the trial to be conducted by the Children's Court - The core issue is whether the CCL should be tried as a juvenile by the Board or as an adult by the Children's Court, based on the preliminary assessme
India Law Library Docid # 1604148