ive
User not Logged..
Latest Cases

(101) 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

(102) 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

(103) 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

(104) 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

(105) 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

(106) 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

(107) 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

(108) 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

(109) 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

(110) 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

(111) PINKI Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025
Criminal Procedure Code, 1973 — S. 439 — Bail — Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC — High Court granted b
India Law Library Docid # 2424657

(112) MRS. VARSHATAI W/O. SH. SANJAY BAGADE Vs. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, MINISTRY OF LAW AND JUDICIARY, MANTRALAYA, MUMBAI AND ORS. ETC.[SUPREME COURT OF INDIA] 15-04-2025
Maharashtra Local Authorities (Official Languages) Act, 2022 — Section 3 — Official Language — Use of Additional Language — The prescription of Marathi as the official language for Local Authorities under Section 3 of the 2022 Act does not operate as a prohibition against the use of any other language, such as Urdu (a language included in the VIII Schedule of the Constitution), in addition to Marathi on signboards of a Municipal Council, particularly for the purpose of effective communication wi
India Law Library Docid # 2424694

(113) NIKHILA DIVYANG MEHTA AND ANOTHER Vs. HITESH P. SANGHVI AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Code of Civil Procedure, 1908 — Order VII Rule 11(d) — Rejection of Plaint — Bar of Limitation — For the purpose of deciding an application under Order VII Rule 11(d), the court is obligated to consider the averments made in the plaint alone — Where, from a plain reading of the plaint averments, the suit appears to be barred by the law of limitation, the plaint is liable to be rejected — No requirement exists to allow parties to lead evidence on limitation when the bar is apparent ex-facie from
India Law Library Docid # 2424695

(114) CRYOGAS EQUIPMENT PRIVATE LIMITED Vs. INOX INDIA LIMITED AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Civil Procedure Code, 1908 — Order VII Rule 11(a) & (d) — Rejection of Plaint — Mixed Question of Law and Fact — Copyright Act, 1957 & Designs Act, 2000 — The determination of whether an ‘artistic work’ (under Copyright Act, S. 2(c)) falls within the definition of a ‘design’ (under Designs Act, S. 2(d)) and whether copyright protection ceases under Section 15(2) of the Copyright Act due to industrial application involves mixed questions of law and fact, requiring a detailed examination beyond th
India Law Library Docid # 2424696

(115) RAJENDHIRAN Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — Interference with Concurrent Findings of Fact — The High Court, in exercising jurisdiction under Section 100 CPC, cannot overturn concurrent findings of fact recorded by the Trial Court and the First Appellate Court by relying on evidence (such as sale deeds and a mortgage deed pertaining to different properties) which is insufficient and irrelevant for establishing the fact in issue (oral partition of the suit property) — Such
India Law Library Docid # 2424770

(116) RAJENDHIRAN Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — Interference with Concurrent Findings of Fact — The High Court, in exercising jurisdiction under Section 100 CPC, cannot overturn concurrent findings of fact recorded by the Trial Court and the First Appellate Court by relying on evidence (such as sale deeds and a mortgage deed pertaining to different properties) which is insufficient and irrelevant for establishing the fact in issue (oral partition of the suit property) — Such
India Law Library Docid # 2424800

(117) JUSTICE V.S. DAVE PRESIDENT, THE ASSOCIATION OF RETD. JUDGES OF SUPREME COURT AND HIGH COURTS Vs. KUSUMJIT SIDHU AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Service Law — Retired High Court Judges — Reimbursement of Expenses (Medical etc.) — Responsibility of State Government — Clarification of Prior Order — Where a High Court Judge is appointed in one High Court but retires from another High Court due to transfer, the responsibility for reimbursement of expenses (as directed by court orders) lies either with the State Government where the seat of the High Court in which the retired Judge was first appointed is situated, or with the State Government
India Law Library Docid # 2425058

(118) REKHA SHARMA Vs. HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025
Constitution of India, 1950 — Articles 14, 16, 32 — Rights of Persons with Disabilities Act, 2016 — Recruitment — Judicial Services — Reservation (Horizontal - PwBD; Vertical - EWS/ST) — Minimum Qualifying Marks vs. Cut-off — Adjustment of Candidates — In recruitment processes involving both vertical and horizontal reservations (like for Persons with Benchmark Disabilities - PwBD), the non-selection of a PwBD candidate who has secured the prescribed minimum qualifying marks but falls below the P
India Law Library Docid # 2425060

(119) JHARKHAND URJA UTPADAN NIGAM LTD. AND ANOTHER Vs. M/S BHARAT HEAVY ELECTRICALS LIMITED[SUPREME COURT OF INDIA] 15-04-2025
Civil Procedure Code, 1908 — Or. XX R. 1 (as amended by Commercial Courts Act, 2015) & Limitation Act, 1963 — S. 5 & Commercial Courts Act, 2015 — S. 13(1-A) — Commencement of Limitation for Appeal — Duty to Issue Copy vs. Litigant Diligence — The provision in Or. XX R. 1 CPC, requiring a Commercial Court/Division/Appellate Division to pronounce judgment within 90 days of conclusion of arguments and issue copies thereof to parties (through electronic mail or otherwise), is directory and not mand
India Law Library Docid # 2425137

(120) PRABHJOT KAUR Vs. STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 09-04-2025
Punjab Civil Services (Reservation of Posts for Women) Rules, 2020 — Reservation for Women — Horizontal Reservation — Implementation via advertisement — Where an advertisement was issued subsequent to the notification of the 2020 Rules providing 33% horizontal reservation for women, and specified certain posts (like DSP ‘SC Sports’) as reserved for women (‘SC Sports (Women)’), this reservation specification within the advertisement, implementing the mandate of the 2020 Rules, is valid for that r
India Law Library Docid # 2424442