(41) SANJAY CHAUDHARY AND ANOTHER Vs. PIONEER URBAN LAND AND INFRASTRUCTURE LTD. AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024 Consumer Law – Housing – Delay in deleivery of Flat - The appellants, homebuyers, paid 90% of the total sale consideration for a flat, but the respondent-developer failed to deliver possession by the scheduled date, leading to a consumer dispute - The main issue is the respondent-developer's entitlement to charge interest at 9% per annum on the balance amount from the appellants-homebuyers from November 14, 2017, until payment - The Supreme Court found that the Commission erred in allowing the r India Law Library Docid # 1604075
(42) MANISHA MAHENDRA GALA AND OTHERS Vs. SHALINI BHAGWAN AVATRAMANI AND OTHERS [SUPREME COURT OF INDIA] 10-04-2024 Easements Act, 1882 - Sections 4, 13 and 15 - Easements of necessity and quasi-easements - The dispute involves easementary rights over a 20ft wide road owned by the respondents - The main issue is whether the Gala Appellants have any easementary right over the disputed road - The Appellant's claim easementary rights by prescription, necessity, and under an agreement, asserting they have no alternative access to their land - The Respondent’s deny the Appellant 's uninterrupted use of the road an India Law Library Docid # 1604076
(43) THE VVF LTD. EMPLOYEES UNION Vs. M/S. VVF INDIA LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 10-04-2024 Industrial Law – Wages - The case involves wage revisions for Appellant-Company employees, originating from a charter of demand raised in 2008 - The dispute led to appeals against a High Court judgment on wage and allowance adjustments - The main issues revolve around the revision of pay scales, allowances, and the comparability of the employer's units for wage determination - The union argued that their submissions on certain allowances were not considered in the main judgment and sought a revi India Law Library Docid # 1604077
(44) KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. Vs. THIYYURKUNNATH MEETHAL JANAKI AND OTHERS [SUPREME COURT OF INDIA] 09-04-2024 Suit for Partition - The case involves a partition suit over property in Kerala, with claims based on a series of historical deeds and the applicable succession law - The main issue is whether ‘C’ had any title over the property which the plaintiff claimed through a series of transactions - The appellants (defendants in the original suit) contested the plaintiff's claim to the property, arguing that ‘C’ lost her rights upon remarriage as per the Hindu Widow's Remarriage Act, 1856 - The responden India Law Library Docid # 1604063
(45) M/S RAJCO STEEL ENTERPRISES Vs. KAVITA SARAFF AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2024 Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque - The petitioner, a firm dealing in iron and steel, challenged the acquittal of the respondent related to dishonored cheques under Section 138 of the Act, 1881 - The core issue was whether the cheques were issued in discharge of a legally enforceable debt and if the respondent could rebut the presumption under Section 118 and Section 139 of the 1881 Act - The petitioner argued that all ingredients of Section 138 were satisfied India Law Library Docid # 1604064
(46) KARIKHO KRI Vs. NUNEY TAYANG AND ANOTHER [SUPREME COURT OF INDIA] 09-04-2024 Representation of the People Act, 1951 - Section 100(1)(d)(iv) - Appellant-Karikho Kri won the 2019 election for the Arunachal Pradesh Legislative Assembly – Respondent challenged the election results, claiming improper acceptance of Kri's nomination due to non-disclosure of certain assets and dues - The court examined whether Kri's non-disclosure of assets and dues in his affidavit affected the validity of his nomination and the election outcome – Respondent argued that Kri's nomination was im India Law Library Docid # 1604065
(47) AABID KHAN Vs. DINESH AND OTHERS [SUPREME COURT OF INDIA] 09-04-2024 Motor Accident Claim – Enhancment of Compensation - The appellant challenged the compensation awarded by the Motor Accidents Claims Tribunal, which was enhanced by the High Court of Madhya Pradesh - The main issue was whether the appellant is entitled to an enhancement of compensation - The appellant contended that the compensation awarded was on the lower side and should be enhanced - The Supreme Court enhanced the compensation, accepting the 17% whole body disability as certified by the doctor India Law Library Docid # 1604066
(48) SMT. NAJMUNISHA SOLE APPELLANT IN CRIMINAL APPEAL NO. 2319 OF 2009 AND ABDUL HAMID CHANDMIYA ALIAS LADOO BAPU SOLE APPELLANT IN CRIMINAL APPEAL NO.2320 OF 2009 Vs. THE STATE OF GUJARAT AND OTHER [SUPREME COURT OF INDIA] 09-04-2024 Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 29 read with 20(b)(ii)(c) and 25, 67, 41 to 44 - The case involves appeals by Appellants against their convictions under the NDPS Act 1985 for drug trafficking - The appeals challenge the legality of the search and seizure, the admissibility of statements under Section 67 of the NDPS Act, and the compliance with procedural requirements - The appellants argue that the search was illegal, the statements under Section 67 are inadmissib India Law Library Docid # 1604067
(49) K.B. LAL (KRISHNA BAHADUR LAL) Vs. GYANENDRA PRATAP AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Civil Procedure Code, 1908 - Order 9 Rule 7 - Limitation Act, 1963 - Section 5 – Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance - The dispute involves a piece of land in Barabanki, sold twice in 2006, leading to a civil suit for injunction and cancellation of the sale deed - The appellant challenged the trial court's ex-parte order and sought to recall it after a delay of 14 years, which was dismissed by all Courts - The appellant India Law Library Docid # 1604054
(50) KARIM UDDIN BARBHUIYA Vs. AMINUL HAQUE LASKAR AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Representation of the People’s Act, 1951 - Sections 83(1)(a), 100(1)(b) and 100(1)(d)(i) - False declaration of educational qualifications and suppression of financial information – The appeal concerns the dismissal of an application under Order VII Rule 11 CPC by the Gauhati High Court, which was filed by the appellant seeking rejection of an Election Petition by the respondent - The main issue is whether the Election Petition filed by the respondent discloses a cause of action and contains all India Law Library Docid # 1604055
(51) VITTHALRAO MAROTIRAO NAVKHARE Vs. NANIBAI (DEAD), THROUGH LRS, AND OTHERS [SUPREME COURT OF INDIA] 08-04-2024 Evidence Act, 1872 - Sections 32(3) and 32(5) - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is Relevant - The appellant filed for partition and separate possession of properties, including houses and agricultural lands, claiming they were part of a joint family business - The primary issue was whether the properties were ancestral and part of a joint family business, entitling the appellant to a share - The appellant argued that the properties were p India Law Library Docid # 1604056
(52) VIPIN SAHNI AND ANOTHER Vs. CENTRAL BUREAU OF INVESTIGATION [SUPREME COURT OF INDIA] 08-04-2024 Criminal Procedure Code, 1973 - Section 482 – Penal Code, 1860 (IPC) - Sections 420 and 120B - Cheating in Land Mortgage - The appellants established a society for technical education and acquired land for educational institutions - They sought AICTE approval, disclosing a bank loan and land mortgage in the first application but not in subsequent ones - The CBI alleged the appellants obtained AICTE approval deceitfully, violating AICTE norms that require land to be unencumbered - The CBI contend India Law Library Docid # 1604057
(53) KHENGARBHAI LAKHABHAI DAMBHALA Vs. THE STATE OF GUJARAT [SUPREME COURT OF INDIA] 08-04-2024 Gujarat Prohibition Act, 1949 Sections 65(a)(e),81,98(2) and 116(2) and Penal Code, 1860 (IPC) - Sections 465, 468, 471 and 114 - Penalty for illegal import, etc., of intoxicant or hemp - The appellant sought the release of a vehicle seized in connection with a FIR for offences under the Gujarat Prohibition Act and IPC - The main issue was whether the vehicle should be released before the final judgment, considering the quantity of seized liquor exceeded the prescribed limit - The appellant clai India Law Library Docid # 1604058
(54) PATHAPATI SUBBA REDDY (DIED) BY L.Rs. AND OTHERS Vs. THE SPECIAL DEPUTY COLLECTOR (LA) [SUPREME COURT OF INDIA] 08-04-2024 Land Acquisition Act, 1894 - Section 18 - Limitation Act, 1963 - Section 3 - Land in Gandluru, Andhra Pradesh was acquired in 1989 for the Telugu Ganga Project - Claimants sought higher compensation, leading to a reference under Section 18 of the Land Acquisition Act - The main issue was the inordinate delay of 5659 days in filing an appeal against the dismissal of the reference by the heirs of deceased claimant No. 11 - The petitioners argued they were unaware of the reference's dismissal until India Law Library Docid # 1604059
(55) ANNAPURNA B. UPPIN AND OTHERS Vs. MALSIDDAPPA AND ANOTHER [SUPREME COURT OF INDIA] 05-04-2024 Consumer Law - Whether respondent file a complaint under the CPA considering the investment was made in a partnership firm attracts Consumer Protection Act - The case involves a dispute over a Rs. 5 lakh investment in a partnership firm, with allegations of non-payment and deficiency in service - The main issue is whether the complaint is maintainable under the Consumer Protection Act, considering the nature of the partnership and the investment - The appellants argue they were not partners in t India Law Library Docid # 1604045
(56) DEEP MUKERJEE Vs. SREYASHI BANERJEE [SUPREME COURT OF INDIA] 05-04-2024 Hindu Marriage Act, 1955 - Section 9 and 13(1) (ia) - Divorce - The parties were married and moved to the UK, living together for 7½ years - Disputes arose after returning to India, leading to separation in April 2021 - Wife sought a divorce on grounds of the husband’s impotency - The appeals challenge the High Court’s order which set aside the Trial Court’s decision allowing medical tests for the appellant/husband and respondent/wife - The appellant/husband is willing to undergo a potentiali India Law Library Docid # 1604047
(57) M/S. JAIPRAKASH INDUSTRIES LTD. (PRESENTLY KNOWN AS M/S. JAIPRAKASH ASSOCIATES LTD.) Vs. DELHI DEVELOPMENT AUTHORITY [SUPREME COURT OF INDIA] 05-04-2024 Sick Industrial Companies (Special Provisions) Act, 1985 - Section 32 - Companies Act, 1956 - Section 394 - The case involves perpetual lease deeds executed in favor of M/s. Jaiprakash Associates Pvt Ltd for certain plots, and subsequent events including amalgamation and name changes of the involved companies - The primary issue is whether the amalgamation of companies and the resulting transfer of leasehold rights amount to a transfer under the lease deed, requiring payment of unearned increase India Law Library Docid # 1604048
(58) MANIKANDAN Vs. STATE BY THE INSPECTOR OF POLICE [SUPREME COURT OF INDIA] 05-04-2024 Penal Code, 1860 - Section 302 read with 34 – The appellants were convicted for the murder -The incident involved an altercation over undelivered idlis, leading to a fatal assault with a billhook - The main issue was the credibility of the eyewitnesses, who were related to the deceased and allegedly tutored by the police, and the timing of the incident as reported in the FIR versus the post-mortem notes - The defense argued that the incident occurred in a sudden fight without premeditation, sug India Law Library Docid # 1604049
(59) AQEEL AHMAD Vs. STATE OF UTTAR PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 05-04-2024 Penal Code, 1860 (IPC) - Sections 147, 148, 149, 302, 336 and 427 - Murder – Cancellation of Bail - The case involves the grant of bail - The appeals challenge the High Court’s orders granting bail, with the informant contesting the decisions - The appellant (informant) argued that the accused were granted bail without proper consideration of their involvement in the serious crime and despite objections from the State counsel - The respondents (accused) claimed they were falsely implicated and t India Law Library Docid # 1604050
(60) STATE OF MAHARASHTRA AND ANOTHER Vs. NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD. [SUPREME COURT OF INDIA] 05-04-2024 Bombay Stamp Act, 1958 - Section 9 - Refund of stamp duty paid for an increase in share capital - The core issue was whether Form No. 5, used to notify an increase in share capital, is an instrument liable for stamp duty under the Bombay Stamp Act, and if the maximum cap on stamp duty applies to each increase or as a one-time measure - The State argued that each increase in share capital is a separate taxing event, requiring fresh stamp duty, and that the maximum cap introduced later does not af India Law Library Docid # 1604052