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Maheshkumar Chandulal Patel vs State Of Gujarat 2024 INSC 608- Gujarat Civil Services (Pay) Rules - Rule Of Stepping Up

Gujarat Civil Services (Pay) Rules, 2002; Rule 21-The Rule of stepping up shall apply only if the conditions specified therein are fulfilled. Specifically, condition no. (v) of Rule 21 stipulates that the anomaly must be the direct result of the application of this rule. (Para 31) Read Judgment

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Mineral Area Development Authority vs Steel Authority of India 2024 INSC 607 - Doctrine of prospective overruling

Mineral Area Development Authority vs Steel Authority of India 2024 INSC 554 - Clarification - a. While the States may levy or renew demands of tax, if any, pertaining to Entries 49 and 50 of List II of the Seventh Schedule in terms of the law laid down in the

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Virendra Kumar Chamar vs State Of Uttar Pradesh 2024 INSC 606 - Murder Case

Summary: Murder accused acquitted-Allowing appeal against concurrent conviction, SC observed: A serious doubt is created whether PW1 had seen the incident of assault by the accused-Courts have convicted the appellant only based on evidence of PW1-He has already undergone incarceration for sixteen years. This is a shocking state of affairs.

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In Re Patanjali Ayurved Limited 2024 INSC 605 - Contempt

Summary : Patanjali Misleading Advertisement - Contempt Proceedings against Baba Ramdev and Acharya Balkrishna- SC Closed contempt proceedings and observed: Given the attendant facts and circumstances of the case and the effort made by the proposed contemnors to absolve themselves of acts that amounted to breach of undertakings given to this

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Jalaluddin Khan vs Union Of India 2024 INSC 604 - UAPA - Bail

Unlawful Activities (Prevention) Act, 1967; Section 43D(5)- Bail - When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider

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James Kunjwal vs State Of Uttarakhand 2024 INSC 601 - Ss 191,193 IPC - False Statements

Indian Penal Code, 1860; Section 191, 193- (i) The Court should be of the prima facie opinion that there exists sufficient and reasonable ground to initiate proceedings against the person who has allegedly made a false statement(s); (ii) Such proceedings should be initiated when doing the same is “expedient

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Doli Rani Saha vs Union Of India 2024 INSC 603 - Railway Claims

Railway Claims Tribunal - The initial burden would be on the claimant, which could be discharged by filing an affidavit of the relevant facts. Once the claimant did so, the burden would then shift to the Railways- The mere absence of a ticket would not negate the claim that the

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Mahendra Kumar Sonker vs State Of Madhya Pradesh 2024 INSC 600 - S 353 IPC

Indian Penal Code, 1860; Section 353- Concurrent conviction under Section 353 IPC - Allowing appeal, SC observed: There is no evidence to indicate that the accused assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in

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Usha Devi vs Ram Kumar Singh 2024 INSC 599 - Specific Performance - Limitation

Limitation Act, 1963; Article 54 - Specific Performance - As per agreement to sell, the sale deed was to be executed and registered within one month i.e. up to 16.01.1990- Agreement to sell also incorporated a clause stating that the said agreement would be valid for five

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Rahul vs National Insurance Company Ltd. 2024 INSC 598 - MACT Case

Summary: Issue raised in this appeal: Whether the High Court is right in reducing the percentage of disability suffered by the appellant from 25% as fixed by the Tribunal, to 20% while determining the compensation payable to him.? Allowing appeal, SC observed: Without assigning plausible reason, the High Court re-assessed

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Yugal Sikri vs State Of UP 2024 INSC 597 - Ss 29, 34 Industiral Disputes Act- Grant Of Authority

Industrial Disputes Act, 1947; Section 34- The grant of authority under Section 34(1) is a condition precedent for filing a complaint under Section 34(2) of the ID Act. The authority granted under Section 34(1) must be in respect of a specific offence for which a complaint is

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Rajkot Municipal Corporation vs State Of Gujarat 2024 INSC 596 - Property Tax

Summary: Rajkot Municipal Corporation was directed by Gujarat HC to refund a portion of the property tax, which was paid by the Respondent No. 02 herein, namely, Avenue Supermarts Limited - Supreme Court dismissed appeal filed by the Corporation. Read Judgment

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Manish Sisodia vs Directorate Of Enforcement 2024 INSC 595 - Bail - PMLA

PMLA,2002; Section 45 - Code Of Criminal Procedure, 1973; Section 439- Right to bail in cases of delay coupled with incarceration for a long period should be read into Section 439 Cr.P.C. and Section 45 of the PMLA. (Para 44). Bail -The prolonged incarceration before being pronounced

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In Re Order Of Punjab And Haryana High Court Dated 17.07.2024 And Ancillary Issues 2024 INSC 594

Summary: Suo Moto proceedings initated against observation made by P&H HC judge Justice Rajbir Sehrawat - SC Observed ▶Compliance with the orders passed by the Supreme Court is not a matter of choice, but a matter of bounden constitutional obligation, bearing in mind the structure of the Indian

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State Of Rajasthan vs Bhupendra Singh 2024 INSC 592 - Disciplinary Proceedings

Disciplinary proceedings - If the Disciplinary Authority accepts findings recorded by the Enquiry Officer and proceeds to impose punishment basis the same, no elaborate reasons are required- Referred to Boloram Bordoloi v Lakhimi Gaolia Bank, (2021) 3 SCC 806 (Para 31) -Wherever and whenever the Disciplinary Authorities concerned impose a

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Jagdish Prasad Singh vs State Of Bihar 2024 INSC 591 - Recovery Of Excess Amount

Service Law - Any decision taken by the State Government to reduce an employee’s pay scale and recover the excess amount cannot be applied retrospectively and that too after a long time gap. (Para 21) Read Judgment

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Allarakha Habib Memon vs State Of Gujarat 2024 INSC 590 - FIR - S 26 Evidence Act

Code Of Criminal Procedure, 1973; Section 154,161,162- When the police officer does not deliberately record the FIR on receipt of information about cognizable offence and the FIR is prepared after reaching the spot after due deliberations, consultations and discussion, such a complaint cannot be treated as FIR and

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DLF Ltd. vs KONCAR Generators And Motors Ltd. 2024 INSC 593 - Foreign Arbitral Award - Conversion Foreign Currency

Arbitration and Conciliation Act, 1996- What is the correct and appropriate date to determine the foreign exchange rate for converting the award amount expressed in foreign currency to Indian rupees? foreign arbitral award is enforceable when the objections against it are finally decided- The relevant date for determining the conversion

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Sri Dattatraya vs Sharanappa 2024 INSC 586 - Cheque Bounce - S 138,139 NI Act - Concurrent Acquittal

Negotiable Instruments Act, 1881; Section 138,139- The liability of the defence in cases under Section 138 of the NI Act 1881 is not that of proving its case beyond reasonable doubt- A n accused may establish non-existence of a debt or liability either through conclusive evidence that the concerned

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Prem Lal Anand vs Narendra Kumar 2024 INSC 585 - Motor Accident Compensation

Motor Accident Compensation Claim- While allowing appeal and enhancing compensation, SC noted: In the attending facts and circumstances, merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence with nothing to the contrary suggested from the record. Further, it

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D Khosla And Company vs Union Of India 2024 INSC 587 - Interest On Interest

Practice and Procedure- Ordinarily courts are not supposed to grant interest on interest except where it has been specifically provided under the statute or where there is specific stipulation to that effect under the terms and conditions of the contract. There is no dispute as to the power of the

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Blue Dreamz Advertising Pvt. Ltd. vs Kolkata Municipal Corporation 2024 INSC 589 - Blacklisting

Blacklisting - Blacklisting has always been viewed as a drastic remedy and the orders passed have been subjected to rigorous scrutiny -Too readily invoking the debarment for ordinary cases of breach of contract where there is a bona fide dispute, is not permissible -Any decision to blacklist should be strictly

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Tusharbhai Rajnikantbhai Shah vs Kamal Dayani 2024 INSC 588 - Anticipatory Bail

Code Of Criminal Procedure, 1973; Section 438 [Section 482 BNSS]- The practice prevalent in the State of Gujarat that the Courts while dealing with the anticipatory bail application routinely impose the restrictive condition whereby, the Investigating Officers are granted blanket permission to seek police custody remand of the accused,

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Rojalini Nayak vs Ajit Sahoo 2024 INSC 584 - Motor Accident Compensation Claims

Motor Acccident Compensation Claims - If the deceased was holding a permanent job, 30% addition to the actual salary is to be made when the age of the deceased is between 40 to 50 years. (Para 6) Read Judgment

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Rajasthan Agricultural University Bikaner vs Dr. Zabar Singh Solanki 2024 INSC 581 - Service - Redesignation & Regular Appointment

Service Law - Distinction between re-designation and regular appointment - Redesignation cannot be said to be a regular appointment as it is only that one post/category/cadre which is given equivalence with another existing post/category/cadre - Whenever a Scheme/Policy is brought into force, ceteris paribus, the