(181) SMT. UMA DEVI AND OTHERS Vs. SRI. ANAND KUMAR AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(d) — Rejection of Plaint — Barred by Limitation — A plaint can and should be rejected under Order 7 Rule 11(d) CPC if, upon a meaningful reading of the plaint itself, it is evident that the suit is hopelessly barred by limitation While limitation is often a mixed question of law and fact, where the plaint’s averments, read with documents relied upon and judicially noticeable facts (like revenue records indicating prior partition and registered sale d India Law Library Docid # 2424338
(182) AZAM KHAN Vs. DIVISIONAL COMMISSIONER FAIZABAD AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Auction Sale — Setting Aside — Refund to Purchaser — Statutory Compensation vs. Equity — U.P. Zamindari Abolition and Land Reforms Rules, 1952 — Rule 285L — Rule 285L, providing for refund of purchase money plus up to 5% compensation when an auction sale is set aside, may not provide adequate recompense to an auction purchaser, especially when the sale is set aside after a very long period (28 years) India Law Library Docid # 2424530
(183) PIL (INDIA) PRIVATE LIMITED Vs. VINOD KUMAR JAIN AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Contempt of Court — Jurisdiction — Scope Limited to Contemnors — The jurisdiction of a court under the Contempt of Courts Act is primarily focused on determining whether the alleged contemnors (in this case, Customs officers) have wilfully disobeyed the court’s orders India Law Library Docid # 2424538
(184) CHIRAGSINH AJITSINH SOLANKI Vs. THE STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 02-04-2025 Bail — Regular Bail (Post-Chargesheet) — Grant by Supreme Court — Factors Considered — Accused charged with offences under IPC (including S. 376(2)(n)), IT Act, SC/ST Act, and Gujarat Police Act — Bail application rejected by Sessions Court and appeal under S. 14A SC/ST Act dismissed by High Court — Supreme Court granted regular bail considering factors including the period of incarceration (since May 2024), stage of trial (charges framed in Jan 2025), number of prosecution witnesses (23) indica India Law Library Docid # 2424651
(185) THE SECRETARY, ALL INDIA SHRI SHIVAJI MEMORIAL SOCIETY (AISSMS) AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Service Law — Pay Scale & Promotion — Teachers in Technical Institutions — AICTE Regulations — 6th Central Pay Commission — Entitlement to higher pay scale (Pay Band Rs. 37400-67000, AGP Rs. 9000) and re-designation as Associate Professor under AICTE Notification dated 05.03.2010, Clause (ix) — Dispute concerning Assistant Professors/Lecturers in private unaided technical institutions governed by AICTE norms, specifically whether possessing the India Law Library Docid # 2424105
(186) PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LIMITED) Vs. 63 MOONS TECHNOLOGIES LIMITED AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 30(2), 31, 61(3) — Resolution Plan — Approval — Scope of Judicial Review — Commercial Wisdom of Committee of Creditors (CoC) — The scope of judicial review for the Adjudicating Authority (NCLT) under S. 31 is limited to examining if the resolution plan meets the requirements of S. 30(2) IBC — The scope of review for the Appellate Authority (NCLAT) under S. 61(3) is further restricted to the specific grounds mentioned therein — The commercial India Law Library Docid # 2424106
(187) KISHORE CHHABRA Vs. THE STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Land Acquisition Act, 1894 – Release of Land from Acquisition – State Policy (Haryana) – Release of existing factory – Requirement of valid Change of Land Use (CLU) permission – Where the State policy provides for release of existing factories from acquisition, such release is contingent upon the factory/establishment possessing a valid CLU permission issued under the relevant development control legislation (Punjab Scheduled Roads & Controlled Areas Restrictions of Unregulated Development Act, India Law Library Docid # 2424107
(188) I. K. MERCHANTS PVT. LTD. AND OTHERS Vs. THE STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Civil Procedure Code, 1908 — Section 34 — Interest — Award of interest on decretal amount for payment of money — Valuation of Shares — Delayed Payment — Where the valuation of shares acquired by the State Government in 1973 was finally determined after five decades of litigation, the primary issue remaining was the appropriate rate of interest payable on the enhanced valuation to compensate the appellants for the delay. India Law Library Docid # 2424108
(189) AMRESH SHRIVASTAVA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Service Law — Disciplinary Proceedings — Quasi-Judicial Functions — Scope of Inquiry — Disciplinary proceedings against a government officer for an order passed while exercising quasi-judicial functions (like a Tehsildar passing a land settlement order under the M.P. Land Revenue Code, 1959) are permissible only in specific, limited circumstances and not merely because the order is erroneous or incorrect — The government is not precluded from taking action only if the officer's conduct falls wit India Law Library Docid # 2424109
(190) SATBIR SINGH Vs. RAJESH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused — Standard of Satisfaction Required — The power under S. 319 Cr.P.C. to summon a person not arraigned as an accused can be exercised if it appears from the evidence during inquiry or trial that such person has committed an offence for which they ought to be tried together with the accused facing trial — Relying on Hardeep Singh, the degree of satisfaction required for summoning is more than a prima facie case as needed India Law Library Docid # 2424110
(191) RAMAYANA ISPAT PVT. LTD. AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Electricity Act, 2003 — Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 — Validity — Challenge to regulations imposing restrictions and conditions on open access for captive power plants (CPPs) and other large consumers — Issues pertain to RERC's jurisdiction over inter-state open access, reasonableness of penalties for drawal variations, validity of advance scheduling notice requirement, alleged discrimination against CPPs, and whether the ri India Law Library Docid # 2424103
(192) M/S FAIME MAKERS PVT. LTD. Vs. DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES (3), MUMBAI AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) — Section 11 — Deemed Conveyance / Assignment of Leasehold Rights — Maintainability of second application before Competent Authority — Where the first application for deemed conveyance/assignment was dismissed by the Competent Authority due to legal complications arising from various transactions and transfers, with a specific direction that the applicant Society must firs India Law Library Docid # 2424104
(193) NAJMA AND OTHERS Vs. THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 01-04-2025 Code of Criminal Procedure, 1973 — S. 439 — Grant of Bail — Conditions — Jurisdiction — Restoration of Possession — A Court exercising jurisdiction under S. 439 CrPC, while granting bail, acts beyond its scope and power if it imposes a condition requiring the accused to handover possession of immovable property to the de facto complainant — Such a condition effectively amounts to passing a decree for restoration of possession, which is impermissible in bail proceedings — Legal position clarified India Law Library Docid # 2424204
(194) STATE OF WEST BENGAL AND ANOTHER Vs. MOUMITA SAHA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Service Law — Transfer — Writ of Mandamus — Judicial Interference — Power of High Court — State challenged Division Bench order directing transfer of Assistant Professor to a specific college near her parental home, setting aside Single Judge’s dismissal of writ petition — Division Bench issued mandamus primarily on grounds of equity and personal hardship (commute distance, ailing parents) — Supreme Court held that High Court erred in issuing such a mandamus directing transfer, as it amounted to India Law Library Docid # 2424603
(195) VINAY MALAIYA Vs. KAILASH MAKWANA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Contempt of Court — Compliance with Directions — Constitution of Special Investigation Team (SIT) — Allegation that respondent-police authorities failed to comply with directions dated 06.08.2024 regarding the specific ranks of officers (Inspector General, Senior Superintendent, Superintendent/Additional Superintendent) to constitute an SIT — Subsequent clarification/modification dated 27.09.2024 permitting inclusion of an officer in the rank of Superintendent of Police instead of Senior Superin India Law Library Docid # 2424645
(196) SAHIL GARG Vs. VAULT LIQUOR PRIVATE LIMITED AND OTHERS ETC[SUPREME COURT OF INDIA] 01-04-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Interim Relief — Grant of Status Quo — Necessity of Reasoned Order — High Court granting interim relief directing parties to maintain status quo regarding liquor vend allotments under Excise Policy 2025-26, thereby restraining implementation of allotments — Supreme Court deprecated the grant of such interim relief without recording any reasons, howsoever brief, evincing application of mind regarding prima facie case, balance of convenience, and India Law Library Docid # 2424646
(197) M/s. PARSVNATH FILM CITY LTD. Vs. CHANDIGARH ADMINISTRATION AND OTHERS[SUPREME COURT OF INDIA] 30-03-2025 Arbitration and Conciliation Act, 1996 — Ss. 34 & 37 — Scope of Judicial Interference — Setting Aside of Award — Public Policy — High Court, exercising powers under S. 37, set aside a well-reasoned arbitral award (which was upheld under S. 34 by the District Court) by re-appreciating evidence and substituting its own view on contractual breaches — Supreme Court held that the High Court exceeded its jurisdiction, as the arbitral tribunal’s findings on breaches by the respondent (Chandigarh Admini India Law Library Docid # 2424655
(198) THE STATE OF JHARKHAND AND OTHERS Vs. RUKMA KESH MISHRA[SUPREME COURT OF INDIA] 28-03-2025 Disciplinary Proceedings — Charge-Sheet — Approval by Competent Authority — Applicable Rules (Civil Services (Classification, Control and Appeal) Rules, 1930) — Where the governing service rules (like the 1930 Rules) do not explicitly mandate that the charge-sheet itself must be approved by the Disciplinary or Appointing Authority, separate from the approval for initiating proceedings, the disciplinary action cannot be invalidated solely on this ground, especially when the proposal for initiatin India Law Library Docid # 2423995
(199) GASTRADE INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS, KANDLA[SUPREME COURT OF INDIA] 28-03-2025 Customs Tariff Act, 1975 — First Schedule, Chapter 27 — Classification — Mineral Fuels/Oils — High Speed Diesel (HSD) vs. Base Oil — Indian Standard IS 1460:2005 — General Rules for Interpretation (GRI), Rule 1 & Rule 4 ('Most Akin' Test) — The central issue involved the classification of imported goods, contested as either Base Oil (CTH 27101960) or High Speed Diesel (HSD) (CTH 27101930) — HSD classification under Chapter 27, Supplementary Note (e), requires conformity to all parameters specifi India Law Library Docid # 2423996
(200) IMRAN PRATAPGADHI Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 28-03-2025 Constitution of India — Art. 19(1)(a) & Art. 21 — Freedom of Speech and Expression — Interpretation of Creative Work (Poem) — Duty of State Machinery — Freedom of speech and expression under Art. 19(1)(a) is a paramount fundamental right, integral to a dignified life under Art. 21 and the foundation of a healthy democracy — The State's law enforcement machinery is obligated under Art. 51-A(a) to abide by the Constitution and respect its ideals, including the liberty of thought and expression — W India Law Library Docid # 2423997