(141) SOHOM SHIPPING PVT. LTD. Vs. M/S. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Insurance Law — Marine Insurance — Special Condition — “Voyage should commence & complete before monsoon sets in” — Implied Waiver / Non-Materiality — Where a marine insurance policy covers a voyage (Mumbai to Kolkata) for a specific period (16.05.2013 to 15.06.2013) which overlaps with the officially defined monsoon/foul weather season (commencing 1st May East Coast / 1st June West Coast), a special condition requiring the voyage to both commence and complete before the monsoon sets in is deeme India Law Library Docid # 2424333
(142) UNITED INDIA INSURANCE CO. LTD. AND ANOTHER Vs. M/S. PARK LEATHER INDUSTRIES LTD.[SUPREME COURT OF INDIA] 07-04-2025 Consumer Protection Act, 1986 — Pleading and Evidence — Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor's report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply — The adjudicatory body cannot base its findings on the premise that the opposing party failed to deny evidence that was not before it when its pleadings India Law Library Docid # 2424334
(143) SECURITIES AND EXCHANGE BOARD OF INDIA Vs. RAM KISHORI GUPTA AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs) — SEBI cannot pass multiple final orders imposing penalties on the same cause of action against the same parties based on the same show-cause notice, particularly after an earlier order (imposing debarment India Law Library Docid # 2424335
(144) KUNCHAM LAVANYA AND OTHERS Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Motor Vehicles Act, 1988 — Claim Petitions — Standard of Proof — In motor accident claim proceedings, the standard of proof required to establish the involvement of a vehicle and negligence is based on the preponderance of probabilities, not proof beyond a reasonable doubt as required in criminal cases. India Law Library Docid # 2424336
(145) K. GOPI Vs. THE SUB-REGISTRAR AND OTHERS[SUPREME COURT OF INDIA] 07-04-2025 Registration Act, 1908 — Tamil Nadu Registration Rules — Rule 55A(i) — Validity — Ultra Vires — Rule 55A(i) of the Tamil Nadu Registration Rules, which empowers a registering officer to refuse registration of a document relating to immovable property unless the presentant produces the previous original title deed of the executant or other specified proof of the executant's right/title, is declared ultra vires the Registration Act, 1908 — The Rule imposes a condition for registration India Law Library Docid # 2424327
(146) BISWAJYOTI CHATTERJEE Vs. STATE OF WEST BENGAL AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce — Such knowledge precludes the necessary “misconception” and indicates a reasoned decision to engage in the relationsh India Law Library Docid # 2424328
(147) JASPAL SINGH KAURAL Vs. THE STATE OF NCT OF DELHI AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Penal Code, 1860 — Section 376 — Rape — Consent — False Promise of Marriage — For consent to sexual intercourse to be vitiated by a “misconception of fact” arising from a promise to marry, the promise must be false ab initio, made without any intention of being adhered to, and must have a direct nexus to the complainant’s decision Where the complainant was aware that the accused was married at the inception of the relationship, and the relationship was prolonged (spanning several years, even af India Law Library Docid # 2424329
(148) UNION TERRITORY OF JAMMU AND KASHMIR Vs. BRIJ BHUSHAN[SUPREME COURT OF INDIA] 07-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Insufficient Allegations — An FIR registered under the Prevention of Corruption Act and S. 120-B IPC concerning a decades-old land transaction was rightly quashed under S. 482 Cr.P.C. against the Managing Director of the beneficiary cooperative society where the allegations amounted merely to a “bland allegation of connivance” with state officials, without specifying his role in the alleged criminal conspiracy or corruption, India Law Library Docid # 2424330
(149) JAGDISH GOND Vs. THE STATE OF CHHATTISGARH AND OTHERS[SUPREME COURT OF INDIA] 07-04-2025 Penal Code, 1860 — Sections 498A & 306 — Cruelty & Abetment of Suicide — Allegations supporting charges under Sections 498A and 306 IPC must be specific and substantiated — Vague complaints about the deceased being lazy or sick, without evidence of physical violence or persistent harassment meeting the threshold of cruelty likely to drive suicide, are insufficient for conviction under these sections. India Law Library Docid # 2424331
(150) RAJIV GHOSH Vs. SATYA NARYAN JAISWAL[SUPREME COURT OF INDIA] 07-04-2025 West Bengal Premises Tenancy Act, 1997 — Section 2(g) — Inherited Tenancy — Limitation — The definition of "tenant" under S. 2(g) extends tenancy rights to specified heirs (including son/daughter) of a deceased tenant for a maximum period of five years from the date of the tenant's death (or the Act's commencement, whichever is later), provided they were ordinarily living with and dependent on the tenant and meet other conditions — This five-year limitation does not apply to the dependent spouse India Law Library Docid # 2424446
(151) SOUMEN PAUL AND OTHERS Vs. SHRABANI NAYEK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Service Law — Recruitment — Eligibility Qualification — Interpretation of Rules — West Bengal School Teachers Recruitment Rules, 2016, Rule 6(2) — Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016 (as amended on 22.12.2020), which requires candidates to possess the minimum educational and training qualification prescribed by the National Council for Teacher Education (NCTE) "prevailing as on date of publication of recruitment notification," primarily functions to incor India Law Library Docid # 2424245
(152) A RAJENDRA Vs. GONUGUNTA MADHUSUDHAN RAO AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation Act, 1963 — Section 12 — Appeal to NCLAT — Limitation Period — Commencement and Calculation — The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone India Law Library Docid # 2424246
(153) KOUSIK DAS AND OTHERS Vs. STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Education Law — Teacher Qualification — Diploma in Elementary Education (D. El. Ed.) — NIOS 18-Month ODL Programme — Purpose and Scope — The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 — This p India Law Library Docid # 2424247
(154) SANGITA SINHA Vs. BHAWANA BHARDWAJ AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Effect of Accepting Refund — A buyer's continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance consideration sent by the seller along with a cancellation notice, especially when such encashment occurs during the p India Law Library Docid # 2424248
(155) JOGESWAR SAHOO AND OTHERS Vs. THE DISTRICT JUDGE, CUTTACK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Service Law — Recovery of Excess Payment — Retired Employees — Non-Fault Based Payment — Recovery of excess payments made years prior to non-gazetted employees (Stenographers) due to the employer's erroneous interpretation of rules or recommendations (Shetty Commission), without any misrepresentation or fraud attributable to the employees, is impermissible after their superannuation. India Law Library Docid # 2424249
(156) MURUGAN Vs. THE STATE REP. BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 04-04-2025 Criminal Law — Circumstantial Evidence — Chain of Evidence — Benefit of Doubt — In cases resting solely on circumstantial evidence, the prosecution must establish a complete chain of circumstances that unerringly points only towards the guilt of the accused, leaving no room for any other hypothesis consistent with innocence — Any missing link or reasonable doubt arising at any stage necessitates acquittal, as strong suspicion cannot substitute for proof beyond a reasonable doubt. India Law Library Docid # 2424250
(157) B.S YEDDIYURAPPA Vs. A ALAM PASHA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Prevention of Corruption Act, 1988 — Section 17A — Prior Approval for Investigation — Relevant Considerations — The scope of considerations for the appropriate authority or government when evaluating a request for prior approval under Section 17A for initiating any enquiry, inquiry, or investigation against a public servant falls for determination India Law Library Docid # 2424550
(158) SARJUPRASAD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Arbitration and Conciliation Act, 1996 — Section 37 — Setting Aside Award — Patent Illegality — Procedural Breach — An appellate court under Section 37 is justified in setting aside an arbitral award's enhancement (originally confirmed under Section 34) on grounds of patent illegality, where the arbitrator relied on crucial evidence (sale deeds) brought on record by one party after the formal closure of arbitral proceedings, thereby denying the other party an opportunity to respond India Law Library Docid # 2424551
(159) SARJUPRASAD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Patent Illegality — Procedural Fairness — Opportunity to Contest Evidence — An arbitral award based on documents (sale deeds) introduced after the formal closure of proceedings, without providing the opposing party an opportunity to contest their relevance or veracity, is vulnerable to challenge under Section 34 on grounds potentially amounting to patent India Law Library Docid # 2424533
(160) PR. COMMISSIONER OF INCOME TAX-1, CHANDIGARH Vs. M/S. V-CON INTEGRATED SOLUTIONS PVT. LTD[SUPREME COURT OF INDIA] 04-04-2025 Income Tax Act, 1961 — Section 263 — Revisionary Jurisdiction — Scope — Lack of Inquiry vs. Erroneous Conclusion — A clear distinction exists between (i) failure or absence of investigation by the Assessing Officer (AO), and (ii) a wrong decision or conclusion reached by the AO after conducting inquiries — Where the AO conducts inquiries but accepts the assessee’s stand without making additions, it India Law Library Docid # 2424803