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(541) GOPAL PRADHAN Vs. STATE OF CHHATTISGARH AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Criminal Procedure Code, 1973 (CrPC) — While a court cannot direct the police to file a charge sheet against a specific person, it has the power to differ from the police's final report, take cognizance of a crime, and summon individuals as accused — The Supreme Court dismissed a special leave petition against a High Court order that upheld a Magistrate's summoning of the petitioner as an accused after the police had submitted a final form not recommending trial — The Court clarified that althou
India Law Library Docid # 2423603

(542) RITESH KUMAR Vs. THE STATE OF BIHAR[SUPREME COURT OF INDIA] 17-03-2025
Criminal Law — Bail — An anticipatory bail order should not contain a specific direction for the arrest of the accused upon the filing of a charge sheet; instead, the trial court should be left to consider bail afresh based on the materials presented — The Supreme Court modified a High Court order granting anticipatory bail which stipulated that the bail would lose effect upon the submission of a charge sheet and the trial court would take coercive steps to ensure the petitioner's custody — The
India Law Library Docid # 2423604

(543) THE JOINT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION Vs. RAJ KUMAR MISHRA[SUPREME COURT OF INDIA] 17-03-2025
A direct master-servant relationship established on paper is required for employment, and supervisory control alone is not enough — The Supreme Court allowed the CBSE's appeal, holding that a direct master-servant relationship must be established on paper to claim employment; supervisory control by the CBSE over the private respondents did not automatically make them employees — The High Court's order for fresh adjudication by the Labour Court was set aside.
India Law Library Docid # 2423662

(544) MD. FIROZ AHMAD KHALID Vs. THE STATE OF MANIPUR AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Waqf Act, 1995 — Section 14(1) — Composition of State Waqf Board — Eligibility of Bar Council Member — Continuation in Office — The requirement under Section 14(1) of the Waqf Act, 1995, that the State Waqf Board shall consist of, inter alia, Muslim members of the Bar Council of the concerned State or Union Territory, establishes a mandatory eligibility criterion — Consequently, a person elected or nominated to the Waqf Board under this category can continue to hold the position only as long as
India Law Library Docid # 2423999

(545) RANJIT SARKAR Vs. RAVI GANESH BHARDWAJ AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Criminal Procedure Code, 1973 — Section 256 — Acquittal for Complainant’s Non-appearance — Conditions Precedent — Purpose of Listing — Acquittal of the accused under Section 256(1) CrPC upon the complainant's non-appearance is permissible only if (i) the summons was issued on complaint, (ii) the date was appointed specifically for the appearance of the accused (or a subsequent date to which the hearing was adjourned for that purpose), (iii) the complainant fails to appear on such date, and (iv)
India Law Library Docid # 2424051

(546) M/S.UTTAM RICE MILL, DHAMTARI Vs. M/S.ASHOK CONSTRUCTION COMPANY[SUPREME COURT OF INDIA] 17-03-2025
Equity — Conduct of Litigant — Vigilance and Promptness — Entitlement to Relief — A litigant, particularly a decree-holder in execution proceedings, who displays prolonged lethargy, passivity, consistent absence, negligence, and a lackadaisical approach over several years, demonstrates non-diligent conduct — Such conduct, which allows the litigant's cause to suffer due to their own inaction, is not condonable and disentitles them from claiming any equitable relief from the court — Vigilance and
India Law Library Docid # 2424052

(547) HIRARAM Vs. BHAGWATI AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Prohibition of Benami Property Transactions Act, 1988 — S. 4 — Bar on Suit/Claim — A claim by a person asserting that properties held in the name of another (mother) or jointly with another (mother) were actually purchased from his own funds falls squarely within the definition of a benami transaction, and any suit or claim to enforce rights in respect thereof by the person claiming to be the real owner is barred under
India Law Library Docid # 2424531

(548) STATE OF HARYANA AND OTHERS Vs. TILDA RICELAND PVT. LTD.[SUPREME COURT OF INDIA] 17-03-2025
Punjab Agricultural Produce Markets Act, 1961 — Punjab Agricultural Produce Markets (General) Rules, 1962 — R. 30(5) — Market Fees — Double Levy — Transfer of Stock — Challenge to High Court order holding that transferring agricultural produce stock, on which market fee has already been paid (within or outside the State), from one market committee area to another does not amount to a business transaction or sale liable for additional market fee under Rule 30(5) — High Court found demand for addi
India Law Library Docid # 2424604

(549) LOK MAL @ LOKU Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 07-03-2025
Penal Code, 1860 — Sections 376, 323, 504 and 506 — Reliability of Prosecutrix's Testimony in Rape Cases — The Supreme Court reaffirmed that the testimony of a prosecutrix in a rape case can be relied upon without corroboration if it inspires confidence, emphasizing the importance of considering the broader probabilities of the case
India Law Library Docid # 2423218

(550) GYANENDRA SINGH @ RAJA SINGH Vs. STATE OF U.P.[SUPREME COURT OF INDIA] 07-03-2025
Penal Code, 1860 (IPC) — Sections 376(2)(f) and 376(2)(i) — Protection of Children from Sexual Offences Act, 2012 – Sections 3, 4, 42 and 42A — Sentencing Guidelines for Rape offences under IPC and POCSO Act — The Court clarified that while the appellant's conviction under both IPC and POCSO Act is upheld, the sentence of life imprisonment for the IPC offences should not necessarily mean imprisonment for the remainder of the natural life, and instead, can
India Law Library Docid # 2423219

(551) THE STATE OF RAJASTHAN Vs. INDRAJ SINGH ETC.[SUPREME COURT OF INDIA] 07-03-2025
Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022 — Sections 3 and 10 — Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 120B — Parameters for setting aside an order of Bail — The Supreme Court outlined the parameters for setting aside an order of bail, emphasizing that an appellate court must critically analyze the soundness of the bail order, considering factors like the nature of the offence, severity of punishment, and prima
India Law Library Docid # 2423220

(552) MADAN LAL Vs. STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 07-03-2025
Prevention of Corruption Act, 1988 - Section 13(i)(d), Section 13(2) and 20 —Requirement of Proof Beyond Reasonable Doubt in Corruption Cases — The Supreme Court emphasized that in corruption cases, the prosecution must establish the allegations of demand and acceptance of bribe beyond all reasonable doubt, highlighting the discrepancies in the testimonies of witnesses and the lack of direct evidence of the bribe transaction in this case
India Law Library Docid # 2423221

(553) YUVRAJ LAXMILAL KANTHER AND ANOTHER Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge under Section 227 CRPC — Requirements and Procedure — The Supreme Court emphasized that for discharge under Section 227 CrPC, the court must consider whether there are sufficient grounds to proceed against the accused, requiring only a prima facie examination of the materials, not a threadbare analysis
India Law Library Docid # 2423222

(554) DELHI DEVELOPMENT AUTHORITY Vs. S.G.G. TOWERS (P) LTD. AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Delhi Development Act, 1957 — Section 22 — Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 — Rule 43 — Execution of Lease Agreement and Creation of Leasehold Rights — The Supreme Court held that the execution of a lease agreement does not automatically create leasehold rights; a separate lease deed must be executed and registered as per the agreement's terms, as seen in Clause 24 of the lease agreement in this case
India Law Library Docid # 2423223

(555) AYYAVU Vs. PRABHA AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Property Law — Disputed Property and Title — Role of Sale Deed and Boundaries — The Supreme Court emphasized the importance of a sale deed's boundaries in determining title and possession, noting that the plaintiff's sale deed showed definite boundaries, and the vendor did not retain any portion, contradicting the defendants' claim
India Law Library Docid # 2423224

(556) STATE OF ASSAM AND OTHERS Vs. ARABINDA RABHA AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Constitution of India, 1950 — Article 142 — Administrative Discretion in Recruitment — The Supreme Court upheld the decision of a successor government to cancel a recruitment process initiated by a previous government, citing detected irregularities and illegalities — The court emphasized the importance of administrative discretion in ensuring fairness and proportionality in recruitment proces
India Law Library Docid # 2423291

(557) KULANDAISAMY AND ANOTHER Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 07-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Duty of High Court — Disposal on Merits — Preliminary Stage of Investigation — Civil Nature of Dispute — Interference with Investigation — High Court, while hearing a petition under S. 482 CrPC for quashing an FIR, observed that there was some material for investigation but also that the issue was of a civil nature, and dismissed the petition primarily on the ground that the investigation was at an "infancy stage" — High Court furth
India Law Library Docid # 2423912

(558) PERIYAMMAL (DEAD) THROUGH LRS AND OTHERS Vs. V. RAJAMANI AND ANOTHER ETC.[SUPREME COURT OF INDIA] 06-03-2025
Civil Procedure Code, 1908 — Order 21 Rules 97, 98 and 101 —Executing Court's Authority to Adjudicate Disputes —The Court held that the executing court has the power to determine questions related to right, title, or interest in a decretal property under Order 21 Rules 97, 98, and 101 — This authority is not limited to parties to the original suit, but also extends to third parties who may be in possession of the decretal property. (Relied: Shreenath & Anr. vs. Rajesh & Ors
India Law Library Docid # 2423212

(559) M/S SHRI SENDHUR AGRO & OIL INDUSTRIES Vs. KOTAK MAHINDRA BANK LTD.[SUPREME COURT OF INDIA] 06-03-2025
Negotiable Instruments Act, 1881 — Section 142(2) — The amended Section 142(2) provides that the offence under Section 138 shall be inquired into and tried only by a Court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains an account is situated.
India Law Library Docid # 2423213

(560) JOYI KITTY JOSEPH Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-03-2025
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Section 3(1) — Application of Mind in Preventive Detention — The detaining authority must apply its mind to the specific grounds of detention, ensuring that the allegations fall within the provisions of the COFEPOSA.
India Law Library Docid # 2423214