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(121) SATISH CHANDER SHARMA AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Constitution of India — Article 32 — Maintainability — Challenge to Supreme Court Judgment — A writ petition under Article 32 of the Constitution is not maintainable for the purpose of assailing the correctness or validity of a final judgment rendered by the Supreme Court, including judgments passed in appeals arising out of Special Leave Petitions under Article 136 — Such judgments cannot be challenged directly or collaterally through fresh writ proceedings under Article 32.
India Law Library Docid # 2424733

(122) THE CORRESPONDENCE, RBANMS EDUCATIONAL INSTITUTION Vs. B. GUNASHEKAR & ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Civil Procedure Code, 1908 — Order VII Rule 11(a) & (d) — Rejection of Plaint — Scope and Duty of Court — The power under Order VII Rule 11 CPC to reject a plaint is a mandatory duty of the court if the conditions are met — While deciding such an application, the court must consider only the averments in the plaint and the documents relied upon by the plaintiff — However, the court is not bound by clever drafting that creates an illusion of a cause of action — It must read the plaint meaningfull
India Law Library Docid # 2424734

(123) LAKHANI HOUSING CORPORATION PVT. LTD. AND ANOTHER Vs. THE STATE OF MAHARASTHRA AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Town Planning & Development — MHADA — Redevelopment on Private Land — DCPR 33(9) — The Maharashtra Housing and Area Development Authority (MHADA) possesses the jurisdiction under Regulation 33(9) of the Development Control and Promotion Regulations, 2034 (DCPR) to initiate and undertake Cluster Development Schemes (CDS) even on privately owned freehold lands, provided such development is carried out jointly with the landowners and/or Cooperative Housing Societies of the occupants.
India Law Library Docid # 2424735

(124) R. BAIJU Vs. THE STATE OF KERALA[SUPREME COURT OF INDIA] 16-04-2025
Criminal Law — Criminal Conspiracy (Section 120B IPC) — Proof — Inference from Circumstances — A charge of criminal conspiracy under Section 120B IPC can be established primarily through inference drawn from the surrounding circumstances, acts, and conduct of the accused — Where evidence demonstrates a clear motive (arising from prior altercations involving the accused), the accused's presence with co-accused near the crime scene shortly before the offence, and the subsequent commission of the o
India Law Library Docid # 2424736

(125) RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SWATI SHARMA AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Motor Vehicles Act, 1988 — Negligence — Appreciation of Evidence — Contradictory Evidence of Driver and IO — In determining negligence in a motor accident claim, the testimony of the driver of the offending vehicle (RW1), being inherently self-serving (“interested testimony”), carries little weight, especially when contradicted by other evidence or contains inconsistencies (denying collision admitted by IO) — Similarly, the deposition of the Investigating Officer (RW3) suggesting contributory ne
India Law Library Docid # 2424737

(126) SUSHILA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 498A, 323, 504, 506 — Dowry Prohibition Act, 1961 — Section 4 — Quashing of Complaint and Summoning Order — Matrimonial Dispute — Allegations against Husband’s Relatives — Abuse of Process — Where a complaint under S. 498A IPC and S. 4 DPA is filed against the relatives of the husband (mother, brothers, sister-in-law, sister) years after the dissolution of marriage by an ex-parte divorce decree, and the allegations against
India Law Library Docid # 2424769

(127) SUSHILA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 498A, 323, 504, 506 — Dowry Prohibition Act, 1961 — Section 4 — Quashing of Complaint and Summoning Order — Matrimonial Dispute — Allegations against Husband’s Relatives — Abuse of Process — Where a complaint under S. 498A IPC and S. 4 DPA is filed against the relatives of the husband (mother, brothers, sister-in-law, sister) years after the dissolution of marriage by an ex-parte divorce decree, and the allegations against
India Law Library Docid # 2424799

(128) HAZRAT SAATPEER SAYED BABA DARGAH Vs. NASHIK MUNICIPAL CORPORATION AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Judicial Administration & Procedure — Listing of Cases — Urgent Matters — High Courts — Where serious allegations are made, supported by counsel's statement assuming responsibility, that a High Court repeatedly refused to list an urgent writ petition challenging an imminent demolition notice despite daily efforts since filing, the Supreme Court may take extraordinary measures
India Law Library Docid # 2424802

(129) KAMAL AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — S. 498-A IPC — Matrimonial Disputes — When exercising power under S. 482 CrPC in matrimonial disputes involving S. 498-A IPC allegations, especially when levelled long after marriage and soon after divorce proceedings are initiated by one party, the Court must be circumspect — It should examine if allegations, particularly against relatives, are
India Law Library Docid # 2424804

(130) M.W.R.JAYAKAR A1 Vs. STATE OF A.P., REP. BY INSPECTOR OF POLICE, ACB[TELANGANA HIGH COURT] 16-04-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) — Proof of Demand — Sine Qua Non — Proof of demand of illegal gratification is the sine qua non for constituting offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 — Mere acceptance or recovery of money, in the absence of proof of demand beyond reasonable doubt, is insufficient to sustain a conviction — The presumption under Section 20 of the Act can only be drawn upon proof of acceptance pursuant to a demand
India Law Library Docid # 2424839

(131) RIKHAB BIRANI AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Penal Code, 1860 — Sections 406, 415, 420 — Criminal Procedure Code, 1973 — Section 482 — Distinction between Civil Wrong and Criminal Offence — Breach of Contract vs. Cheating/Criminal Breach of Trust — A mere breach of contract or failure to pay money due under an agreement does not automatically constitute a criminal offence like cheating or criminal breach of trust — The initiation of criminal proceedings for disputes that are essentially civil in nature, arising out of contractual obligati
India Law Library Docid # 2424847

(132) R. ANNAMALAI Vs. LALITHA SUBANAM[SUPREME COURT OF INDIA] 16-04-2025
Constitution of India — Article 142 — Irretrievable Breakdown of Marriage — Dissolution of Marriage — Where the Court finds, based on the prolonged separation of the parties (since 2006), lack of emotional connection, and failed mediation attempts, that the marriage between the appellant and the respondent has irretrievably broken down, the Court can exercise its plenary powers under Article 142 of the Constitution of India to grant a decree of divorce and dissolve the marriage on the ground of
India Law Library Docid # 2424848

(133) BALRAM DANGI Vs. VEER SINGH DANGI AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 389(1) — Suspension of Sentence Pending Appeal — Recording of Reasons — Mandatory Requirement — Section 389(1) CrPC mandatorily requires the Appellate Court to record reasons in writing for ordering the suspension of execution of a sentence pending appeal Failure to assign any reasons while suspending the sentence, especially in cases involving conviction for serious offences like Section 302 IPC, constitutes a gross error and renders the order leg
India Law Library Docid # 2424860

(134) NAFEES AHMAD AND ANOTHER Vs. SOINUDDIN AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 31 — Contents of Appellate Judgment — Points for Determination — Mandatory vs. Directory — Substantial Compliance — The requirement under Order 41 Rule 31 CPC for an appellate judgment to state the points for determination, the decision thereon, and the reasons for the decision is not mandatory to the extent that any non-compliance automatically vitiates the judgment, rendering it wholly void — Whether there has been substantial compliance depends
India Law Library Docid # 2424861

(135) MEHTA PRASHANTBHAI MUKUNDRAY PARTNER M/S COAL CORPORATION Vs. M/S MAGNIFICO MINERALS PVT LTD[DELHI HIGH COURT] 16-04-2025
Negotiable Instruments Act, 1881 — S. 141 — Vicarious Liability — Requirement to Implead Company/Firm as Primary Accused: Discussion reaffirming the principle established in Dilip Hariramani v. Bank of Baroda (2022 SCC OnLine SC 579) and other precedents that vicarious liability under Section 141 NI Act can only be fastened onto directors/partners if the company or firm, being the primary offender, is also arrayed as an accused in the complaint.
India Law Library Docid # 2424869

(136) ABBVIE BIOTHERAPEUTICS INC AND ANOTHER Vs. ASSISTANT CONTROLLER OF PATENT DESIGNS[DELHI HIGH COURT] 16-04-2025
Patents Act, 1970 — Section 59(1) — Permissibility of Amendments — Scope of Claims — Amendments to a patent application or specification under Section 59(1) are permissible only by way of disclaimer, correction, or explanation for incorporating an actual fact — Crucially, such amendments must not result in the amended specification claiming or describing matter not disclosed in substance in the original specification, and the amended claims must fall wholly within the scope of the claims as orig
India Law Library Docid # 2424929

(137) BHAVNA LATHER AND OTHERS Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 16-04-2025
Criminal Procedure Code, 1973 — Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482] — Anticipatory Bail — Maintainability after Issuance of NBW / Proclamation (S. 82 CrPC) — The power to grant anticipatory bail is an extraordinary power — Once non-bailable warrants (NBWs) have been issued against an accused, or more significantly, proclamation proceedings under Section 82 CrPC have been initiated due to non-appearance and evasion of process, the accused is generally not entitled
India Law Library Docid # 2424930

(138) MRS. RASHMI SRIVASTAVA AND ANOTHER Vs. M/S. LOTUS GREENS CONSTRUCTIONS PVT. LTD. AND OTHERS[DELHI HIGH COURT] 16-04-2025
Limitation Act, 1963 — Article 122 — Application for Restoration (Order IX Rule 9 CPC) — Limitation Period — An application under Order IX Rule 9 CPC for setting aside a dismissal for default and restoring the suit must be filed within 30 days from the date of dismissal, as prescribed by Article 122 of the Limitation Act — An application filed beyond this period, without an accompanying application for condonation of delay supported by sufficient cause, is liable to be dismissed as time-barred.
India Law Library Docid # 2424931

(139) JASKARAN SINGH Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 16-04-2025
Criminal Procedure Code, 1973 (Now Bharatiya Nagarik Suraksha Sanhita, 2023) — Sections related to Bail Cancellation and Issuance of Warrants — Section 482 (Now S. 528 BNSS) — Non-Appearance of Accused — Cancellation of Bail & Issuance of Non-Bailable Warrants — Procedural Fairness — Issuance of non-bailable warrants and cancellation of bail upon a single instance of non-appearance by an accused, who was previously appearing regularly, must not be done mechanically — Where
India Law Library Docid # 2425117

(140) ARDDY ENGINEERING INNOVATIONS PVT. LTD. AND OTHERS Vs. HERAEUS TECHNOLOGIES INDIAN PVT. LTD.[CALCUTTA HIGH COURT] 16-04-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 202, 204 & 482 — Issuance of Process — Application of Mind — Inquiry under Section 202 — Quashing of Proceedings — Where a Magistrate, before issuing process under Section 204 CrPC (especially against accused residing outside jurisdiction), directs an inquiry under Section 202 CrPC and subsequently issues process after considering the inquiry report, it indicates application of judicial mind — Such an order issuing process does not require detailed
India Law Library Docid # 2425164