(481) ASHAPURA VIKAS SAMITI AND ANOTHER Vs. THE STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025 Civil Procedure — Writ Petition — Natural Justice — Audi Alteram Partem — A judgment rendered in a writ petition determining ownership and possession of land is unsustainable if parties claiming substantial rights and interests in the same land, who would be adversely affected by the decision, were not impleaded or heard India Law Library Docid # 2424543
(482) A. SYED SULTHAN Vs. MOHAMMAD RAFIQ[SUPREME COURT OF INDIA] 25-03-2025 Contempt of Court — Civil Contempt — Violation of Supreme Court Order — Failure to Handover Vacant Possession — Respondent directed by Supreme Court order (dated 02.04.2024 in C.A. No. 4646/2024) to handover vacant possession of premises to petitioner by 31.05.2024 and continue paying occupation charges — Respondent paid charges till May but failed to handover possession by the stipulated date — Possession was eventually delivered only on 04.11.2024 through execution proceedings via Court bail India Law Library Docid # 2424605
(483) ASHISH KAKKAR Vs. UT OF CHANDIGARH[SUPREME COURT OF INDIA] 25-03-2025 Criminal Procedure Code, 1973 — S. 50 — Arrest — Furnishing Grounds of Arrest — Arrest Memo vs. Grounds of Arrest — Requirement under S. 50 CrPC to communicate the particulars of the offence or other grounds for arrest to the person arrested — Providing merely an arrest memo in a prescribed format, filled with basic details like name, place of arrest, and a generic statement like "arrested based upon the statement of the co-accused", without other worthwhile particulars, does not India Law Library Docid # 2424650
(484) N.P. SASEENDRAN Vs. N.P. PONNAMMA AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025 Gift vs. Settlement vs. Will — A document conveying property with consideration (love and affection), imposing conditions, and reserving a life interest is a Gift by Settlement India Law Library Docid # 2423826
(485) FIROZ KHAN AKBARKHAN Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 24-03-2025 Evidence Act, 1872 — Section 151 — Minor Discrepancies in Witness Statements — Minor and immaterial inconsistencies in witness statements do not harm the prosecution's case, especially when explained by the circumstances of the case India Law Library Docid # 2423827
(486) JOTHIRAGAWAN Vs. STATE REP. BY THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 24-03-2025 Penal Code, 1860 (IPC) — Sections 90 and 376 — Consent in Rape Cases — Consent obtained through false promise of marriage is not valid consent, but in this case, no such promise was made before the alleged crime, and the relationship was consensual India Law Library Docid # 2423828
(487) STATE OF UTTAR PRADESH Vs. DR. RITU GARG AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 161 and 439 — Directions for CBI Investigation in Bail Applications — High Courts cannot issue directions for CBI investigation in bail applications, as it exceeds their jurisdiction under Section 439 of the CrPC India Law Library Docid # 2423829
(488) YERIKALA SUNKALAMMA AND ANOTHER Vs. STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025 Bhartiya Sakshya Adhiniyam, 2023 — Section 113 — Andhra Pradesh (Record of Rights in Land and Pattadar Pass Books) Act, 1971 — Possession is prima facie proof of ownership, and the burden of proving otherwise lies on the party denying it, including the government — This appeal arises from a High Court judgment that reversed a Trial Court decree in favor of the appellants, who sought a declaration of title and recovery of possession of land they were dispossessed from by the State of Andhra Prade India Law Library Docid # 2423830
(489) AMIT KUMAR AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 154 — Registration of FIR — Mandatory under Section 154 of the CrPC if information discloses commission of a cognizable offense; no preliminary inquiry permissible in such cases India Law Library Docid # 2423831
(490) A. JOHN KENNEDY ETC. Vs. STATE OF TAMIL NADU AND OTHERS ETC.[SUPREME COURT OF INDIA] 24-03-2025 Environmental Law — Forest Conservation — Importance of Forests and Biodiversity — Forests are vital components of the ecosystem, acting as its lungs, crucial for mitigating climate change, regulating carbon emissions, conserving soil, managing the water cycle, and controlling pollution — Their protection and restoration are paramount for environmental sustainability and the well-being of all life forms, including tackling issues of inequality aggravated by environmental degradation — An ecocent India Law Library Docid # 2424253
(491) NITIN PRABHAKAR BHAGAWAT Vs. KESHAV MANSING SALUNKHE[SUPREME COURT OF INDIA] 24-03-2025 Specific Performance — Readiness and Willingness — Failure to Pay Balance Consideration — In a suit for specific performance, the plaintiff’s failure to pay the balance sale consideration within the stipulated four—month period (the longer period provided in the agreement) demonstrates a lack of readiness and willingness, disentitling him to the discretionary relief India Law Library Docid # 2424549
(492) SAROJ PORWAR (DEAD) THROUGH LRS. Vs. JUGAL KISHORE AND ANOTHER[SUPREME COURT OF INDIA] 24-03-2025 U.P. Urban Buildings Act, 1972 — S. 21(1)(a) — Bona Fide Need — Evolution of Need — Subsequent Events — The landlord’s bona fide need under S. 21(1)(a) is not static and can be sustained even if the original family member for whom the need was pleaded is no longer available (due to death), provided another family member demonstrates a genuine and subsisting need for the premises arising subsequently India Law Library Docid # 2424535
(493) HDFC BANK Vs. KENWOOD MARKETING INC. AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — S. 13(2) — Demand Notice — Requirement of Break-up — High Court affirmed DRAT order holding S. 13(2) notice invalid for lacking specific break-up of the amount due — Supreme Court, referring to its prima facie view expressed in an earlier interim order (dated 03.03.2025) and the decision in Arce Polymers (P) Ltd. v. Alphine Pharmaceuticals (P) Ltd. & Ors, (2022) 2 SCC 221, opined India Law Library Docid # 2424654
(494) SRI HARBILAS GOYAL CHARITABLE TRUST Vs. SANJAY KUMAR MITTAL AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 & Order 23 Rule 3A — Rejection of Plaint — Bar of Suit to Set Aside Compromise Decree — Remand by High Court — Where a prior suit concerning donated land was settled by a compromise decree specifying its usage, and plaintiffs filed a subsequent suit alleging breach (transfer to third parties) and seeking injunction, the defendant-Trust filed an application under O. 7 R11 CPC invoking the bar under O. 23 R3A CPC — Trial Court allowed the India Law Library Docid # 2424648
(495) INDER SINGH Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 21-03-2025 Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State, if “sufficient cause” is shown and substantial justice is served, balancing between adherence to limitation and the pursuit of meritorious claims —Supreme Court upholds the condonation of a 1537-day delay in the State's second appeal, emphasizing a liberal approach when substantial justice is at stake, particularly in cases invol India Law Library Docid # 2423720
(496) DHIRUBHAI BHAILALBHAI CHAUHAN AND ANOTHER Vs. STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 21-03-2025 Penal Code (IPC), 1860 — Sections 143, 147 and 149 — Conviction for Unlawful Assembly — Necessity of Proof Beyond Mere Presence — Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances — Supreme Court sets aside the High Court's conviction of six individuals for rioting and related offences, restoring their acquittal, as thei India Law Library Docid # 2423721
(497) SUDAM PRABHAKAR ACHAT Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 21-03-2025 Penal Code, 1860 (IPC) — Section 300, 302 and 304 — Culpable homicide not amounting to murder — Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served — Supreme Court partly allows an appeal, converting a conviction under Section 302 to Section 304, considering the lack of premeditation and the time already serve India Law Library Docid # 2423722
(498) THE STATE OF MADHYA PRADESH AND OTHERS Vs. GOKULCHAND AND ANOTHER[SUPREME COURT OF INDIA] 21-03-2025 Practice and Procedure — Limitation — Delay in Filing Appeals/SLPs by State — Accountability — Wastage of Public Money — Supreme Court expressed strong disapproval of State of Madhya Pradesh repeatedly filing appeals/SLPs with gross delays without sufficient cause — Court initiated inquiry into decision-making process leading to such challenges, summoning Law Secretary and concerned Collector — Emphasized need to prevent wastage of public money on routine/delayed filing and stressed that State India Law Library Docid # 2424602
(499) DELHI AGRICULTURAL MARKETING BOARD, THROUGH ITS CHAIRMAN Vs. BHAGWAN DEVI (DEAD), THROUGH HER LR.[SUPREME COURT OF INDIA] 20-03-2025 Land Acquisition Act, 1894 — Sections 4 and 6 — Delhi Agricultural Produce Marketing (Regulation) Act, 1976 — Sections 4 and 6 — Land acquired under the Land Acquisition Act, 1894 vests absolutely in the government upon possession — A statutory body, for whose benefit the land was acquired, cannot enter into a private agreement to return a portion of the land, as this would circumvent the law — Such an agreement is contrary to the fundamental policy of Indian law and constitutes a fraud on the s India Law Library Docid # 2423605
(500) M/S CITICORP FINANCE (INDIA) LIMITED Vs. SNEHASIS NANDA[SUPREME COURT OF INDIA] 20-03-2025 Consumer Protection Act, 1986 — Sections 2(1)(d) and 24-A — Contract Act, 1872 — A flat seller who is not a borrower or a party to the home loan agreement lacks privity of contract with the financing company and cannot be considered a 'consumer' under the Consumer Protection Act for claims related to the sale consideration — Supreme Court allowed the appeal, setting aside the order of the National Consumer Disputes Redressal Commission (NCDRC) which had directed the appellant to refund money and India Law Library Docid # 2423655