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(381) SARASWATI DEVI AND OTHERS Vs. SANTOSH SINGH AND OTHERS[SUPREME COURT OF INDIA] 16-05-2025
Code of Civil Procedure, 1908 — Section 47 — Execution — Objections to execution — Rejection of Execution Petition on ground of satisfaction recorded in earlier EP — Successive objections by judgment debtor — Maintainability — Principle of res judicata — Earlier EP closed without presence of decree-holder and judgment-debtor, with judgment-debtor undertaking not to cause obstruction — Court assumed full satisfaction due to decree-holder”s absence — Such recorded satisfaction does not bar filing
India Law Library Docid # 2425761

(382) THE STATE OF KERALA AND OTHERS Vs. THE PRINCIPAL, KMCT MEDICAL COLLEGE AND OTHERS[SUPREME COURT OF INDIA] 16-05-2025
Admission and Fee Regulatory Committee — Corpus Fund — Power to create — Subsidizing medical education for BPL students from NRI student fees — Committee”s decision to create a corpus fund by remitting part of NRI fees to State Government quashed — Rationale: Authority to levy fee must stem from law, not executive order or transitional directions from judicial pronouncements
India Law Library Docid # 2425762

(383) PRASANNATMA DAS Vs. K.N. HARIDASAN NAMBIAR (DEAD) AND OTHERS[SUPREME COURT OF INDIA] 16-05-2025
Karnataka Societies Registration Act, 1960 — Registration and functioning — ISKCON Bangalore — Registered under the Karnataka Societies Registration Act, 1960.
India Law Library Docid # 2425763

(384) VANASHAKTI Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 16-05-2025
Constitution of India — Article 51A(g) and Article 21 — Environmental Protection — Fundamental Duty and Right — Duty to protect and improve environment (Article 51A(g)) and right to live in pollution free atmosphere (Article 21) recognised as fundamental rights
India Law Library Docid # 2425764

(385) BALJINDER SINGH ALIAS AMAN Vs. STATE OF PUNJAB AND ANOTHER[SUPREME COURT OF INDIA] 16-05-2025
Criminal Procedure Code, 1973 — Section 439 — Regular Bail — Grant by High Court — Setting aside — FIR under Sections 302, 323, 148, 149 (later deleted and Sections 34, 427, 120B added) of Penal Code, 1860 — Allegations of murder, assault, criminal trespass, and conspiracy — Trial court denied bail considering gravity of offence, heinous nature of crime, and criminal antecedents of one accused — High Court granted bail with "very cryptic reasoning" — Supreme Court finding High Court's reasoning
India Law Library Docid # 2426255

(386) RAGHUNATH SHARMA AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[SUPREME COURT OF INDIA] 16-05-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent Powers of High Court — Scope and Ambit — Exercise of Section 482 power is exceptional — It saves inherent power for effectuating Code orders, preventing abuse of process, or securing ends of justice — Not for acting as appeal/revision court — To be exercised sparingly, cautiously, and only when justified by the tests laid down — Quashing proceedings justified if amounting
India Law Library Docid # 2425831

(387) V.S.R. MOHAN RAO Vs. K.S.R. MURTHY AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 — Section 2(d), 2(e), 2(cc), Section 10 — “Land Grabber” and “Land Grabbing” — Meaning and Scope — Act’s purpose to curb land grabbing by unscrupulous persons — Defines “land belonging to a private person” inclusively — Defines “land grabber” and “land grabbing” broadly to include various unauthorized activities for illegal possession — Ingredients of “land grabbing” include factum of taking possession unlawfully and mens rea/intention to ille
India Law Library Docid # 2425731

(388) EBY CHERIAN Vs. JEREMA JOHN[SUPREME COURT OF INDIA] 15-05-2025
Child Custody — Interim Arrangements — Overseas Parent — Rotating Employment — Family Court requiring fresh application for overnight custody each time appellant visited India — High Court upholding this arrangement — Held, unduly burdensome and impractical — Child Welfare paramount consideration — Meaningful contact with both parents essential — Where non-custodial parent demonstrates consistency, pays maintenance, and arranges professional life around child’s calendar, procedure should not imp
India Law Library Docid # 2425732

(389) HANSURA BAI AND ANOTHER Vs. STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 15-05-2025
Criminal Procedure — Investigation — Transfer of investigation — Credibility of investigating agency — Impeachable conduct — Power to transfer sparingly used for justice and public trust — Allegation of investigating agency being privy to dispute raises doubts on credibility, justifying transfer — Local police accused of custodial death of victim; investigating the act themselves — This situation invokes the maxim ‘nemo judex in causa sua’ (no one should be a judge in his own cause) — Investigat
India Law Library Docid # 2425733

(390) VIRENDER PAL @ VIPIN Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 15-05-2025
Penal Code, 1860 — Section 304-B — Dowry Death — Proof — Essential ingredients are unnatural death of a woman within seven years of marriage, subjected to cruelty or harassment for dowry, and such cruelty or harassment was soon before death — Evidence of dowry demands, ill-treatment, and circumstantial evidence from parental relatives supporting conviction — Demand for money to secure employment, even if not traditional dowry, considered related to marriage terms and within the ambit of Section
India Law Library Docid # 2425734

(391) IN RE: CONSTRUCTION OF MULTI STOREYED BUILDINGS IN FOREST LAND MAHARASHTRA[SUPREME COURT OF INDIA] 15-05-2025
Forest Act, 1878 — Section 34 — Reserved Forest — Notification dated 1st March 1879 declared land in Survey No. 20, Village Kondhwa Budruk, Pune District as Reserved Forest — Subsequent de-reservation of portion in 1934 left 29 Acres 15 Gunthas (11.89 ha), renumbered as Survey No. 21, as Reserved Forest — Forest Department records consistently show this status, despite Revenue Department recording it as “Government Grazing Ground” — Numerous letters by Forest Department
India Law Library Docid # 2425717

(392) ISHWAR CHANDA SHARMA Vs. DEVENDRA KUMAR SHARMA AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025
Societies Registration Act — Constitution of society — Dispute regarding validity of elections — Referral to Prescribed Authority under Section 25 — Prescribed Authority’s decision on validity of election.
India Law Library Docid # 2425718

(393) M/S. INTERSTATE CONSTRUCTION Vs. NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD.[SUPREME COURT OF INDIA] 15-05-2025
Arbitration and Conciliation Act, 1996 — Section 37 — Appeal against Section 34 order — Setting aside of Arbitral Award concerning interest calculation — Scope of challenge — Division Bench of High Court restricted challenge to interest issue, specifically method of calculating interest including interest on interest rather than rate or entitlement to pre-reference interest — Held, challenge appropriately limited to the interest aspects of the
India Law Library Docid # 2425719

(394) M/S GAYATRI PROJECT LIMITED Vs. MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED[SUPREME COURT OF INDIA] 15-05-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside of arbitral award — Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — Applicability to works contracts involving State Government or public undertaking — Relationship between Central Act and State Act — MP Act, 1983 is a special Act providing for compulsory arbitration in specific works contracts, operating irrespective of an arbitration clause — Features of MP Act, 1983 Tribunal distinct from Arbitration Act, 1996 Tribunal
India Law Library Docid # 2425720

(395) POWER GRID CORPORATION OF INDIA LIMITED Vs. MADHYA PRADESH POWER TRANSMISSION COMPANY LIMITED AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025
Electricity Act, 2003 — Section 79 — Functions of Central Commission — Regulatory and adjudicatory powers — Central Commission (CERC) is vested with both decision-making and regulation-making authority under Sections 79 and 178 respectively, distinct functions; former administrative/adjudicatory, latter legislative; but relationship needs harmonious reading; CERC’s regulatory powers under Section 79(1) are of ad hoc nature for specific parties and situations to fill regulatory gaps, not solely a
India Law Library Docid # 2425721

(396) M/S DHANBAD FUELS PRIVATE LIMITED Vs. UNION OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 15-05-2025
Commercial Courts Act, 2015 — Section 12A — Pre-institution mediation and settlement — Mandatory nature — Suit not contemplating urgent interim relief shall not be instituted without exhausting pre-institution mediation — Legislative intent to promote alternative dispute resolution and decongest courts — Mandatory nature of Section 12A established.
India Law Library Docid # 2425722

(397) IN RE : ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS[SUPREME COURT OF INDIA] 15-05-2025
Suo Moto Proceeding — Child Rape Incidents — Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Alarming rise in child rape incidents prompting suo moto cognizance by Supreme Court — Directions issued regarding timely completion of investigations and trials under POCSO Act — Emphasis on setting up exclusive/designated special Courts for POCSO cases in districts with high pendency, funded by Central Government, including support staff and infrastructure
India Law Library Docid # 2425723

(398) NATIONAL SPOT EXCHANGE LIMITED Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025
Constitution of India, 1950 — Article 142 — Powers of Supreme Court — Scope and ambit — Plenary and curative nature — Not limited by statutes but exists to do complete justice — Wide amplitude but tempered by restraint — Cannot ignore substantive statutory rights or supplant substantive law — Should not be exercised when it directly conflicts with express statutory provisions dealing with the subject, unless balancing equities or ironing out creases in a cause or matter arising out of such statu
India Law Library Docid # 2425724

(399) 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

(400) 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