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Latest Cases

(141) M/S. DIVGI METAL WARES LTD. Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 21-03-2024
Civil Appeal No(S). 2032, 2035 and 2033 These appeals challenge the judgment and order passed by the Division Bench of the High Court of Karnataka, Circuit Bench at Dharwad dated 02.02.2009, vide which the appeal filed by the M/s. Divgi Metal Wares Employees Association, which is respondent No.1 herein, came to be allowed. Similarly, by the said order, the Writ Petition No.31808/2003 filed by Respondent No.1 was also allowed and the Writ Petition No.7993/2006 filed by M/s Divgi Metal Wares Ltd.,
India Law Library Docid # 1882466

(142) PANKAJ SINGH Vs. THE STATE OF HARYANA [SUPREME COURT OF INDIA] 21-03-2024
The Trial Court convicted the appellant-accused for the offences punishable under Sections 342, 376 and 201 of the Indian Penal Code, 1860 (for short, the IPC). The maximum sentence imposed is life imprisonment for the offence punishable under Section 376 of the IPC with a fine of Rs.1,00,00/-. We must note that charges were also framed against the appellant-accused for the offences punishable under Sections 365, 354D(1)(ii) and 506 of the IPC. The Trial Court acquitted the appellant-accused as
India Law Library Docid # 1882480

(143) THE ORISSA STATE FINANCIAL CORPORATION AND ANOTHER Vs. SMT. SUKANTI MOHAPATRA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Having heard learned counsel for the parties at length, we are of the view that the impugned judgment passed by the Division Bench of the High Court, allowing Writ Petition (Civil) nos. 7220/2007 and 8405/2007 filed by respondent nos. 1 and 2 - Sukanti Mohapatra and Prasanta Kumar Mohapatra, is unsustainable, both on facts and in law. The appellant before us - Orissa State Financial Corporation [1] had granted a loan of Rs.3,26,258.78 (Rupees three lakhs twenty six thousand two hundred fifty eig
India Law Library Docid # 1882483

(144) M K RANJITSINH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
The GIB (the scientific name of which is ardeotis nigriceps) is native to southern and western India. It typically occupies grasslands or arid regions. The State of Rajasthan is home to a majority of the current population. With time, the country has seen a rapid and steady decline in the population of the GIB. As of 2018, the International Union for Conservation of Nature, or IUCN as it is popularly known, classified the GIB as a critically endangered species. In IUCNs system of classification,
India Law Library Docid # 1882487

(145) M/S. DIVGI METAL WARES LTD. Vs. M/S. DIVGI METAL WARES EMPLOYEES ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 21-03-2024
Industrial Employment (Standing Orders) Act, 1946 - Section 3, 7 and 10(3) – Transferring of employees between different units of the company - The case involves Appellant Company. and its employees’ association, concerning the legality of transferring employees between different units of the company - The main issue is whether the company’s Standing Orders, allowing transfers anywhere within India, are valid under the Industrial Employment (Standing Orders) Act, 1946 - The company argues that t
India Law Library Docid # 1604023

(146) RAGHUNATHA AND ANOTHER Vs. THE STATE OF KARNATAKA [SUPREME COURT OF INDIA] 21-03-2024
Penal Code, 1860 (IPC) - Sections 302 and Section 304 Part-I – Murder – Acquital - The prosecution’s case is based on circumstantial evidence, including the last seen theory, motive, and recovery of the weapon - The appeal challenges the High Court’s judgment which modified the appellants’ conviction from Section 302 to Section 304 Part-I of IPC and sentenced them to 10 years of imprisonment - The appellants argue that the prosecution failed to prove the incriminating circumstances and that the
India Law Library Docid # 1604024

(147) SAREE SANSAR Vs. GOVT. OF NCT OF DELHI AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Central Sales Tax Act, 1956 - Sections 14 and 15 - Delhi Sales Tax Act, 1975 - Section 4(1) - The Government of Delhi changed the sales tax rate on silk fabric multiple times, leading to an assessment order demanding Rs. 4,22,095/- from Appellant for the period between 15th January 2000 and 31st March 2000 – Validity of - The main issue was whether the Delhi Government could levy a 12% sales tax on silk sarees, which are consi
India Law Library Docid # 1604025

(148) NOBLE M. PAIKADA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 21-03-2024
Environment (Protection) Act, 1986 – 3(2)(v)(1) - Environment (Protection) Rules, 1986 – Rule 5(3)(d) - Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguard - The appeals challenge the judgment and order of the National Green Tribunal (NGT) regarding environmental clearance (EC) notifications for certain projects - The main issue is the validity of the ex
India Law Library Docid # 1604026

(149) NENAVATH BUJJI ETC. Vs. THE STATE OF TELANGANA AND OTHERS [SUPREME COURT OF INDIA] 21-03-2024
Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 - Section 3(2) - Power to make o
India Law Library Docid # 1604027

(150) UNION OF INDIA Vs. M/S INDIAN OIL CORPORATION LTD. [SUPREME COURT OF INDIA] 21-03-2024
Railways Act, 1989 - Section 106 - Notice of claim for compensation and refund of overcharge.- The case involves freight charges for consignments booked by Indian Oil Corporation Ltd. (IOCL) from Baad to Hisar route, where the chargeable distance was revised from 444 km to 334 km. - The main issue is whether the case pertains to ‘overcharge’ or ‘illegal charge’ under Section 106 of the Railways Act, 1989, and the applicability of notice requirements for claiming refunds - Union of India argues t
India Law Library Docid # 1604028

(151) M/S. BISCO LIMITED Vs. COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE [SUPREME COURT OF INDIA] 20-03-2024
Customs Act, 1962 - Sections 15(1)(C) and 130E - Appeal to Supreme Court – The appeal stemmed from a final order issued by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that dismissed the appellant's appeal - The appellant had imported second-hand steel mill machinery and parts under the Project Import Facility covered by Chapter Heading No. 98.01 of the Customs Tariff Act, 1975 - During the proceedings, the appellant presented documents to support their case, which led to the
India Law Library Docid # 1604018

(152) A.M. MOHAN Vs. THE STATE REPRESENTED BY SHO AND ANOTHER [SUPREME COURT OF INDIA] 20-03-2024
Criminal Procedure Code, 1973 – Section 482 -Penal Code, 1860 (IPC) – Section 420 read with 34 – Cheating – Quashing of FIR - The case involves financial transactions between the complainant and the accused, leading to allegations of fraud and cheating under Section 420 read with 34 of the IPC - The appeal challenges the High Court’s rejection of a petition to quash the FIR registered for the alleged offences - The appellant contends that the FIR and charge-sheet do not establish the offence of
India Law Library Docid # 1604019

(153) M/S. KOZYFLEX MATTRESSES PRIVATE LIMITED Vs. SBI GENERAL INSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 20-03-2024
Consumer Protection Act, 1986 - Section 2(1)(m) - The case involves a claim by against Respondent for indemnification of losses due to a fire at their manufacturing unit -Appellant argues that they were not given the opportunity to rebut the surveyor’s and investigators’ reports, which led to the rejection of their claim – Respondent contends that the claim was fraudulent and based on fabricated documents, and that Appellant is not a consumer under the Consumer Protection Act, 1986 - The Court f
India Law Library Docid # 1604020

(154) VANSH S/O PRAKASH DOLAS Vs. THE MINISTRY OF EDUCATION AND THE MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS [SUPREME COURT OF INDIA] 20-03-2024
Education Law – State Quota - The appellant, a domicile of Maharashtra whose father is in the BSF, completed his education outside Maharashtra due to his father’s deployment and sought admission to an MBBS course under the State quota - The main issue was the cancellation of the appellant’s admission without notice, based on the NEET UG-2023 Information Brochure’s clauses, which the appellant argued was unjust and arbitrary - The appellant contended that he fulfilled the domicile criteria for th
India Law Library Docid # 1604021

(155) SATYANAND SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 20-03-2024
Medical Negligence - The appellant, an Indian Army Havaldar, was diagnosed with HIV and later with AIDS, leading to his discharge from service - The appeal challenges the validity of the discharge and the denial of a disability pension, questioning the medical diagnosis and subsequent treatment by the army - The appellant contends that he was wrongfully discharged based on a misdiagnosis of AIDS, as his CD4 cell count was above the threshold and he remained asymptomatic - The respondents argue t
India Law Library Docid # 1604022

(156) TAPAS KUMAR DAS Vs. HINDUSTAN PETROLEUM CORPORATION LIMITED AND OTHERS [SUPREME COURT OF INDIA] 19-03-2024
LPG distributorship - The appeal challenges a Division Bench judgment of the High Court at Calcutta, which reversed an order of a learned Single Judge regarding the eligibility for LPG distributorship - The primary issue is whether the land offered by the appellant for the showroom is within the advertised location as per the Unified Guidelines for Selection of LPG Distributorships - The appellant argued that the Division Bench erred by imposing conditions not specified in the advertisement and
India Law Library Docid # 1604012

(157) APOORVA ARORA AND ANOTHER ETC Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER. [SUPREME COURT OF INDIA] 19-03-2024
Information Technology Act, 2000 – Sections 67 and 67A - The appellants, involved in the creation of the web-series ‘College Romance,’ are accused of publishing obscene content under Sections 67 and 67A of the IT Act, leading to an FIR against them - The primary legal issue is whether the content of the web-series is obscene or sexually explicit as per the IT Act, warranting the registration of an FIR - The appellants argue that the content is not obscene, does not contain sexually explicit acts
India Law Library Docid # 1604013

(158) SHIV PRASAD SEMWAL Vs. STATE OF UTTARAKHAND AND OTHERS [SUPREME COURT OF INDIA] 19-03-2024
Penal Code, 1860 (IPC) - Sections 153A, 500, 501, 504, 34 and 120B - Intentional insult with intent to provoke breach of the peace – Quashing of FIR - The FIR was based on a complaint by ‘R’, claiming land encroachment and defamation through a news article published in ‘Parvatjan’ - High Court dismissed the appellant’s writ petition, leading to this appeal - The primary issue is whether the allegations in the FIR disclose any cognizable offence justifying the continuation of the investigation -
India Law Library Docid # 1604014

(159) NBCC (INDIA) LIMITED Vs. ZILLION INFRA PROJECTS PVT. LTD. [SUPREME COURT OF INDIA] 19-03-2024
Arbitration and Conciliation Act 1996 – Appointment of Arbitrator - Where, under an appointment procedure agreed upon by the parties - Sections 7(5) and 11(6) –Appellant a government undertaking, awarded a contract to Respondent for construction of a weir - Disputes arose, leading to arbitration proceedings - The key issue is the applicability of an arbitration clause in the context of the Letter of Intent and the tender documents - The main issue is whether the arbitration clause from the tende
India Law Library Docid # 1604015

(160) PUNEET SABHARWAL AND OTHER Vs. CBI [SUPREME COURT OF INDIA] 19-03-2024
Penal Code, 1860 (IPC) – Section 109 - Prevention of Corruption Act, 1988 - Sections 13(1)(e) and 13(2) – Framing of Charges - Appellant a public servant, was charged with owning assets disproportionate to his known sources of income - His son was accused of abetting the offence - The appeals challenge the correctness of the High Court’s judgment which upheld the charges against the appellants - The appellants argued that the Income Tax Appellate Tribunal’s findings exonerated them, and thus, th
India Law Library Docid # 1604016