ive
User not Logged..
Latest Cases

(101) SOUTH DELHI MUNICIPAL CORPORATION OF DELHI Vs. SMS LIMITED[SUPREME COURT OF INDIA] 15-05-2025
Concession Agreement — Dispute Resolution Clause — Whether constitutes an arbitration agreement — Interpretation of — Essential ingredients of valid arbitration agreement are clear intent to arbitrate, binding adjudicatory process culminating in final and binding decision, and compliance with arbitral norms including impartiality, party autonomy in arbitrator appointment, and adversarial process — Article 20 titled “Mediation by Commissioner” refers disputes to MCD Commissioner or his appointee
India Law Library Docid # 2425725

(102) NAGARAJAN AND ANOTHER Vs. STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025
Criminal Law — Sentencing — Probation — Prevention of Food Adulteration Act, 1954 (PoFA Act) — Section 20AA — Exclusion of Probation Act, 1958 and Section 360 Cr. PC — Applicability of Section 20AA to offences committed under the PoFA Act between 1976 (introduction of Section 20AA) and 2006 (repeal by Food Safety and Standards Act, 2006) — Express exclusion by Section 20AA is clear and unambiguous, admitting no absurdity — Courts must be subservient to legislative wisdom — Benefit of probation u
India Law Library Docid # 2425726

(103) MOHIT KUMAR Vs. VERSUS STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025
Recruitment Process — Terms of Advertisement — Non-compliance — Consequence — Where an advertisement for public employment stipulates specific requirements, such as the format of a caste certificate for claiming reservation benefits, non-compliance with such terms by an aspirant is likely to result in adverse consequences, including the rejection of the claimed status by the selecting body/appointing authority.
India Law Library Docid # 2425727

(104) RAJESH ETC. Vs. UNION OF INDIA ETC.[SUPREME COURT OF INDIA] 15-05-2025
Wild Life (Protection) Act, 1972 — Section 49-B — Prohibition of dealing in trophies, animal articles etc. derived from scheduled animals — Seizure of tiger skin, antler horns, claws, teeth, bones, and skulls from accused in a car in the presence of independent witnesses — Evidence of uninterested neutral witnesses (Petrol Pump Manager and officer requisitioned from Labour Commissioner) corroborating recovery and arrest at the spot — Substratum of witness testimonies not dislodged in cross-exami
India Law Library Docid # 2425728

(105) HANSA DEVI AND OTHER Vs. SBI GENERAL INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 15-05-2025
Motor Vehicles Act, 1988 — Compensation — Fatal accident — Deceased, a truck driver, aged 28 years — Income — Tribunal awarded compensation based on monthly salary of Rs. 10,000/- with 40% future prospects — High Court reduced salary to minimum wages of Rs. 4,076/- with 40% future prospects — Supreme Court restored the Tribunal’s assessment of income of Rs. 10,000/-, reasoning that an unskilled labourer in 2004 was held to earn Rs. 4,500/-, hence a driver of a heavy vehicle in 2014 would reasona
India Law Library Docid # 2425729

(106) THE TATA AIG GENERAL INSURANCE CO. LTD. Vs. SURAJ KUMAR AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025
Motor Vehicles Act, 1988 — Compensation — Role of Insurer — Liability to Indemnify — An insurer’s liability is to indemnify the insured’s estate in monetary terms, based on pecuniary compensation awarded by the Tribunal — Monitoring the victim’s future well-being or ensuring proper functioning of prosthetic limbs and wheelchairs is not the insurer’s duty or an obligation that can be cast upon it — High Court’s direction to provide such services set aside.
India Law Library Docid # 2425730

(107) MOHAMMAD BASHIR Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-05-2025
Prevention of Corruption Act, 1988 — Section 5(2) read with Section 5(1)(e) — Offence of criminal misconduct (disproportionate assets) — Successive FIRs — Validity of registration — Abuse of process — Earlier FIR investigating same type of allegations closed as “Not Proved” after investigation and closure report accepted by Special Court — Impugned second FIR registered on same allegations of disproportionate assets, overlapping investigated properties
India Law Library Docid # 2425864

(108) JYOTI SWARUP SHARMA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 15-05-2025
Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Rule 14 — Disciplinary proceedings — When commenced — Pendency of disciplinary/criminal proceedings — Sealed cover procedure — Promotion — Withholding of promotion: Disciplinary proceedings commence only upon issuance of the charge-memo/charge-sheet, not prior thereto — Sealed cover procedure for promotion of an employee can be adopted only when a charge-memo/charge-sheet has been issued or criminal prosecution is pending
India Law Library Docid # 2425871

(109) MOHAN SINGH ALIAS BABU RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 15-05-2025
Criminal Procedure Code, 1973 — Section 397 — Revision — Scope of Interference — Concurrent Findings — Revisional court’s jurisdiction to rectify patent defects, errors of jurisdiction, or law — Not to dwell at length upon facts and evidence to reverse findings — Limited scope of interference; not to be exercised in a routine manner.
India Law Library Docid # 2425873

(110) M/S. VADSP PHARMACEUTICALS AND OTHERS Vs. UNION OF INDIA[HIMACHAL PRADESH HIGH COURT] 15-05-2025
Drugs and Cosmetics Act, 1940 — Section 34 — Offences by companies — Vicarious liability of Directors/Officers — Essential ingredients are that the person was in charge of and responsible to the company for the conduct of its business at the time of the offence — Mere designation as Director/Officer is insufficient; specific averments showing role and responsibility are mandatory — Complaint must clearly spell out how and in what manner the individual accused was
India Law Library Docid # 2425876

(111) FULEKAR MINJ Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 15-05-2025
Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Fratricide — Land dispute as motive — Extra-judicial confession — Admissibility of confession to Police Officer — Evidence Act, 1872 — Sections 25, 26 & 27 — Accused found present at place of occurrence — Recovery of weapon — Appreciating circumstantial evidence — Requirements for conviction based on circumstantial evidence — Chain of circumstances — When two views are possible — Benefit of doubt — Prosecution case based on circ
India Law Library Docid # 2426136

(112) GOLJAR UDDIN AHMED @ RAJU AND OTHERS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 15-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(c) — Possession of commercial quantity of psychotropic substance — Evidence — Seizure witnesses turned hostile or did not corroborate investigating officer — Non-production of seized contraband and samples — Essential requirement is proving possession of contraband beyond reasonable doubt — Sole testimony of police official requires corroboration from independent sources, especially when not supported by production of seized artic
India Law Library Docid # 2426137

(113) NATIONAL INSURANCE CO. LTD. Vs. ON THE DEATH OF HAIDAR ALI HIS LEGAL HEIRS RABIYA BIBI AND OTHERS[GAUHATI HIGH COURT] 15-05-2025
Motor Vehicles Act, 1988 — Sections 163A, 166 — Motor Accidents Claims Tribunal — Award of Compensation — Death of unmarried victim — Liability of Insurer — Proof of Insurance — Seizure of insurance certificate during criminal investigation showing policy validity at time of accident — Evidence of Insurer’s witness contradicting existence of policy with their specific branch without proper authentication or identification of signatory — Departures from pleadings concerning the insurance policy —
India Law Library Docid # 2426138

(114) MD. ABU BAKKAR SIDDIQUE Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 15-05-2025
Constitution of India — Articles 226 & 227 — Foreigners Tribunal — Opinion/Order — Burden of Proof — Perversity — Judicial Review — Challenge to a Foreigners Tribunal’s opinion declaring the petitioner a foreigner — Tribunal’s opinion based on the petitioner’s failure to provide valid documentation during the initial enquiry and inconsistencies in exhibited voter lists regarding age and relational details — Petitioner’s primary documents (voter
India Law Library Docid # 2426139

(115) VIJAYA BANK AND ANOTHER Vs. PRASHANT B NARNAWARE[SUPREME COURT OF INDIA] 14-05-2025
Civil Procedure Code, 1908 — Interpretation of Judgments — Applicability to factual matrix — Judgments must be read and applied considering the specific factual matrix of each case and not like statutes. (Para 34)
India Law Library Docid # 2425708

(116) NOBLE RESOURCES AND TRADING INDIA PRIVATE LIMITED (EARLIER KNOWN AS ANDAGRO SERVICES PVT. LTD.) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 14-05-2025
Export-Import Policy, 2002-2007 – Duty Free Credit Entitlement Scheme – Benefit of Duty Exemption – Crude Degummed Soyabean Oil – Eligibility for Exemption – EXIM policy provided for exemption for import of goods having nexus with exported products under category ‘67/food products’ – Appellant exporting food products including soyabean meal
India Law Library Docid # 2425709

(117) BRIG SANDEEP CHAUDHARY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 14-05-2025
Indian Military Academy — Commissioned Officers — Annual Confidential Reports (ACRs) — Assessment — Numeric gradings (1-9) and pen pictures by Initiating Officer (IO), Reviewing Officer (RO), and Senior Reviewing Officer (SRO) used for evaluation — Qualities to Assess Potential (QsAP) and Box grading are not disclosed to the officer assessed — Disclosure of certain assessment parts to the officer is mandatory — Distinction between
India Law Library Docid # 2425710

(118) TUKESH SINGH AND OTHERS Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 14-05-2025
Criminal Law — Murder — Attempted Murder — Evidence — Eyewitness testimony — Identification of accused in court essential, especially when not previously known or roles are specific — Failure of eyewitnesses to identify specific appellants/accused in court as the persons they saw committing the crime is fatal to the prosecution’s case.
India Law Library Docid # 2425711

(119) M/S HARCHARAN DASS GUPTA Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 14-05-2025
Micro, Small and Medium Enterprises Development Act, 2006 — Sections 18(1), 18(3), 18(4), 24 — Overriding effect — Arbitration and Conciliation Act, 1996 — Section 7(1) — Arbitration agreement — Location of Supplier — Dispute Resolution — The MSMED Act, being a special law enacted subsequently, has an overriding effect over the Arbitration Act, a general law, particularly given the non-obstante clauses in Section 18 and the overriding effect of Sections 15 to 23 provided in Sec
India Law Library Docid # 2425712

(120) THE HP POWER TRANSMISSION CORPORATION LTD. Vs. M/S BRUA HYDROWATT PVT. LTD. AND OTHERS[SUPREME COURT OF INDIA] 14-05-2025
Electricity Act, 2003 — Section 86(1)(f), Section 111, Section 158 — Connection Agreement — Liability for Costs and Charges — Contractual Privity — Power Transmission — Generating Companies — Lead Partner concept — Tripartite Agreement (Internal) between generating companies — Head of Agreement between Transmission Licensee (HPPTC Ltd) and Lead Generating Company (BHP Ltd) — Construction costs and Operation & Maintenance (O&M) charges for substation Bay — HPPTC Ltd entered into Connection Agreem
India Law Library Docid # 2425713