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(941) PRINCIPAL COMMISSIONER OF INCOME TAX-4 AND ANOTHER Vs. M/S. JUPITER CAPITAL PVT. LTD.[SUPREME COURT OF INDIA] 02-01-2025
Income Tax Act, 1961 — Section 2(47) — Respondent an investment company, held 99.88% of Asianet News Network Pvt. Ltd. (ANNPL) shares — Due to losses, ANNPL reduced its share capital, resulting in a reduction of respondent's shares from 153,340,900 to 9,988, while the face value remained at Rs. 10. Jupiter received Rs. 3,17,83,474 as consideration —Respondent claimed a long-term capital loss due to this reduction, which was initially disallowed by the Assessing Officer — The primary issue was wh
India Law Library Docid # 2421418

(942) BIHAR STATE HOUSING BOARD NOW JHARKHAND STATE HOUSING BOARD AND OTHERS Vs. MASOOM ALI AND OTHERS [SUPREME COURT OF INDIA] 02-01-2025
Land Acquisition Act, 1894 — Section 18 — The Bihar State Housing Board acquired 10.40 acres of land in Hazaribagh for public use — The land owners claimed 'raiyati' rights and were ordered by the Civil Court to determine compensation — However, the Board did not determine compensation via the Land Acquisition Act, 1894 — Instead, the land owners sought restoration of the land, and an Executing Court ordered the Board to deposit Rs. 56,10,30,107 as compensation — The High Court dismissed the Boa
India Law Library Docid # 2421599

(943) SARVESH MATHUR Vs. THE REGISTRAR GENERAL HIGH COURT OF PUNJAB AND HARYANA [SUPREME COURT OF INDIA] 02-01-2025
Video conferencing facilities in High Courts and Tribunals — The Supreme Court addressed multiple writ petitions concerning virtual participation and video conferencing facilities in High Courts and Tribunals — It noted that virtual participation is available in the Punjab and Haryana High Court but emphasized the need for similar facilities in all tribunals — The Court dismissed a criminal petition as not pressed and another as infructuous — It reaffirmed previous directions mandating video con
India Law Library Docid # 2421607

(944) X Vs. STATE OF U.P. [SUPREME COURT OF INDIA] 02-01-2025
Penal Code, 1860 (IPC) — Sections 376 and 302 — Juvenile Justice (Care and Protection of Children) Act, 2015 — An individual, referred to as X, was convicted for offenses under Sections 376 and 302 — The Juvenile Justice Board (JJB) determined that X was born on 05.07.1995, making him a juvenile on the date of the offense, 29.01.2013 — The central issue was whether X should be treated as a juvenile at the time of the offense, which would affect the sentencing — X's counsel argued that since X wa
India Law Library Docid # 2421613

(945) MAHESH SINGH BANZARA Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 02-01-2025
Constitution of India, 1950 — Article 21 — Right to appeal — Supreme Court granted leave to appeal in a case where the High Court of Madhya Pradesh had dismissed a criminal appeal due to a delay of 1637 days — The appellant's reason for the delay was a lack of monetary resources and having to leave the area to earn a living — The High Court interpreted this as the appellant having absconded and refused to condone the delay — The Supreme Court, citing previous judgments, stated that the right to
India Law Library Docid # 2421628

(946) NEHA SHARMA Vs. ANAND BHARTI[SUPREME COURT OF INDIA] 02-01-2025
Matrimonial Law — Transfer Petition — The Supreme Court addressed a transfer petition filed by a wife seeking to move her divorce case from Delhi to Gwalior — The husband was served notice but did not appear in court — The Court, after reviewing the materials and hearing the petitioner's counsel, found sufficient cause to grant the transfer — The Court ordered that the divorce case to be transferred from the Family Court in Delhi to the Family Court in Gwalior — The court also directed the trans
India Law Library Docid # 2421631

(947) VINOKA CHISHI AND OTHERS Vs. GUWAHATI HIGH COURT AND OTHERS[SUPREME COURT OF INDIA] 02-01-2025
Constitution of India, 1950 — Article 32 — Transfer of proceedings — Transfer of proceedings from a permanent bench of the Gauhati High Court at Kohima to the principal bench at Gauhati — The petitioners argued that such a transfer is not permissible based on a previous judgment, Shah Nawaz Khan & Ors. Vs. State of Nagaland & Ors — The respondent, however, cited a notification establishing the permanent bench at Kohima, which includes a proviso allowing the Chief Justice to order cases to be hea
India Law Library Docid # 2421692

(948) ANIL BHAVARLAL JAIN AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Penal Code, 1860 (IPC) — Sections 409, 420 and 120B — Prevention of Corruption Act, 1988 — Sections 13(2) and 13(1)(d) — Economic Offences are Distinct — The court emphasizes that economic offenses, particularly those involving financial fraud and public funds, are distinct from other types of offenses and have a broader impact on the economy and public trust.

B. Prevention of Corruption Act, 1988 — Sections 13(2) and 13(1)(d) — Settlement Does Not Absolve Criminal Liability
India Law Library Docid # 2421051

(949) JAMES Vs. THE STATE OF KARNATAKA[SUPREME COURT OF INDIA] 20-12-2024
Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused's vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incid
India Law Library Docid # 2421052

(950) SUGIRTHA Vs. GOWTHAM[SUPREME COURT OF INDIA] 20-12-2024
Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child's health and well-being must not be compromised in the process of adjudicating parental rights.
India Law Library Docid # 2421053

(951) JAGGO Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants' continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their wo
India Law Library Docid # 2421054

(952) SHAMBHU DEBNATH Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court's decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant's nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence,
India Law Library Docid # 2421055

(953) DWARIKA PRASAD (D) THR. LRs. Vs. PRITHVI RAJ SINGH[SUPREME COURT OF INDIA] 20-12-2024
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hype
India Law Library Docid # 2421056

(954) CHINA DEVELOPMENT BANK Vs. DOHA BANK Q.P.S.C. AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Insolvency and Bankruptcy Code, 2016 — Sections 5(7), 5(8), 7, 14 and 15 —Contract Act, 1872 — Section 126 — Several appeals challenged the NCLAT's classification of certain appellants as 'Financial Creditors' under the IBC, based on Deeds of Hypothecation (DoH) executed by RCom entities — The key issue was whether the DoH constituted a guarantee entitling the appellants to cover any debt recovery shortfall, qualifying them as financial creditors under Section 5(8) of the IBC — The appellants ar
India Law Library Docid # 2421057

(955) KAMLA DEVI AND OTHERS Vs. STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Land Acquisition and Compensation — The case concerns the assessment of compensation for land acquired by the State of Haryana — The court notes that the issue is covered by a previous judgment in Horrmal v. The State of Haryana, which was decided on 21.10.2024 —In Horrmal, the Supreme Court had already determined that the High Court had incorrectly reduced the land valuation — The Reference Court's evaluation was deemed to be more accurate and aligned with the evidence of the sale deeds — The c
India Law Library Docid # 2421058

(956) NOIDA TOLL BRIDGE COMPANY LTD. Vs. FEDERATION OF NOIDA RESIDENTS WELFARE ASSOCIATION AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Uttar Pradesh Industrial Area Development Act, 1976 — Sections 6A read 19 — Collection and levying of toll — Delegation of Power to Levy Fees — The court clarified that the power to levy taxes or fees remains with the authority and cannot be delegated — While the authority can delegate the power to collect fees to a person with whom an agreement for infrastructure maintenance has been made, it cannot delegate the power to levy such fees — In this case, the court held that NOIDA overstepped its a
India Law Library Docid # 2421059

(957) MUKESH Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 20-12-2024
Stamp Act, 1899 — Section 33 — Registration Act, 1908 — Section 17(2)(vi) — Registration of Compromise Decrees —According to Section 17 of the Registration Act, 1908, certain documents require mandatory registration — However, subsection (2) provides exceptions, including decrees or orders of a court — Specifically, Section 17(2)(vi) exempts decrees or orders of a court from registration, except for those made on a compromise that involve immovable property not part of the original suit — The co
India Law Library Docid # 2421060

(958) SHRI MUKUND BHAVAN TRUST AND OTHERS Vs. SHRIMANT CHHATRAPATI UDAYAN RAJE PRATAPSINH MAHARAJ BHONSLE AND ANOTHER[SUPREME COURT OF INDIA] 20-12-2024
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) — Rejection of Plaint Based on Limitation —The court reiterated that a plaint can be rejected at the threshold under Order 7 Rule 11(d), if it is evident from the statements in the plaint that the suit is barred by any law, including limitation — The court emphasized that this power is a drastic but necessary one to prevent the wastage of judicial time on meaningless or time-barred litigation — The court stated that if a suit is clearly barre
India Law Library Docid # 2421061

(959) BIJOY KUMAR MONI Vs. PARESH MANNA AND ANOTHER[SUPREME COURT OF INDIA] 20-12-2024
Negotiable Instruments Act, 1881 — Section 138 — Liability of the Drawer — The court reiterated that only the drawer of a cheque can be held liable under Section 138 of the NI Act — The drawer is defined as the person who issues the cheque — This liability arises when a cheque drawn on an account maintained by that person is dishonored due to insufficient funds.
India Law Library Docid # 2421062

(960) ABDUL REJAK LASKAR Vs. MAFIZUR RAHMAN AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Assam Land and Revenue Regulation, 1886 — Section 97 — Imperfect Partition and Section 97 of the Regulation — The court held that for an imperfect partition suit to be maintainable under Section 97, the person seeking partition must be in actual possession of the property — Additionally, the court noted that if the person seeking partition is not in actual possession and co-sharers do not consent, then the person has no other remedy but to approach the civil court.
India Law Library Docid # 2421063