ive
(601) KUMARI SAHU Vs. BHUBANANANDA SAHU AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 225 days — The appellant, a homemaker, filed a civil suit seeking declarations as the legally married wife of the late 'R' and regarding the legitimacy of the respondents as his children — The suit and her first appeal were dismissed — She filed a second appeal with a 225-day delay, which the High Court of Orissa dismissed based on the delay — The appellant argued that the delay was due to her counsel's negligence and that she, b India Law Library Docid # 2422295
(602) M/S. C & C CONSTRUCTIONS LTD. Vs. IRCON INTERNATIONAL LTD.[SUPREME COURT OF INDIA] 31-01-2025 Arbitration and Conciliation Act, 1996 — Section 37 — Contractual clauses — Enforceability of Clause 49.5 of the General Conditions of Contract (GCC) — The Court upheld the validity and enforceability of Clause 49.5 of the GCC, which states that in the event of any failure or delay by the employer (respondent) in fulfilling its obligations under the contract, the contractor (appellant) is not entitled to claim damages or compensation — Instead, the contractor is only entitled to an extension of India Law Library Docid # 2422149
(603) KULDEEP SINGH Vs. THE STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025 Penal Code, 1860 (IPC) — Sections 375 Exception 2 and 376 — Marital Exception to Rape — The court reaffirmed the principle that sexual intercourse between a husband and wife cannot be considered rape under Exception 2 to Section 375 of the IPC, provided the wife is above the age of 18 — This reinforces the existing legal position that marital rape is not recognized as a crime under Indian law, except in cases where the wife is a minor India Law Library Docid # 2422150
(604) RAKESH KUMAR CHARMAKAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025 M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979 — Legal Right to Regular Pay Scale — The court established that employees who fulfill the conditions stipulated in government circulars and rules have a legal right to claim regular pay scales — The appellants, having completed more than ten years of service and having been appointed against sanctioned posts, were held to have a legal right to regular pay scales under the 1979 Rules and the Circ India Law Library Docid # 2422151
(605) SAU. JIYA Vs. KULDEEP[SUPREME COURT OF INDIA] 31-01-2025 Hindu Marriage Act, 1956 — Sections 12 and 13 — Family Courts Act, 1984 — Sections 6 and 9 — Irretrievable breakdown of marriage — Where the parties have agreed to a divorce but are in dispute over maintenance or permanent alimony, the court must determine the quantum of maintenance based on a balanced consideration of various factors, including the financial status of both parties, the standard of living during the marriage, and the reasonable needs of the dependent spouse — The court should ai India Law Library Docid # 2422152
(606) KARAN SINGH Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 31-01-2025 Penal Code, 1860 (IPC) — Section 304-B — Dowry Death — Essential Ingredients of Section 304-B — The prosecution must prove the following essential ingredients to establish a case of dowry death under Section 304-B of the Indian Penal Code (IPC) India Law Library Docid # 2422153
(607) KARUPPUDAYAR Vs. STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, LALGUDI TRICHY AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r) and 3(1)(s) — Interpretation of "Place within Public View" — For an offence to be constituted under Sections 3(1)(r) and 3(1)(s) the act of insult or intimidation must occur in a place "within public view" — A place "within public view" refers to a location where members of the public can witness or hear the incident — It does not necessarily have to be a public place but must be accessible to the publi India Law Library Docid # 2422154
(608) SHRIPAL AND ANOTHER Vs. NAGAR NIGAM, GHAZIABAD[SUPREME COURT OF INDIA] 31-01-2025 U.P. Industrial Disputes Act, 1947 — Sections 6E and 6N — Violation of Statutory Provisions i.e Sections 6E and 6N — The termination during the pendency of conciliation proceedings violated Section 6E which prohibits altering service conditions or terminating employees without prior approval from the concerned authority — The termination also violated Section 6N, which mandates proper notice, wages in lieu of notice, and India Law Library Docid # 2422255
(609) LALITA Vs. VISHWANATH AND OTHERS[SUPREME COURT OF INDIA] 30-01-2025 Penal Code, 1860 (IPC) — Sections 306, 498A and 34 — Abetment of suicide requires more than just harassment or cruelty — There must be credible evidence that the accused aided or instigated the deceased to end their life. India Law Library Docid # 2422383
(610) SURESH CHANDRA AND ANOTHER Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 30-01-2025 Penal Code, 1860 (IPC) — Sections 302, 149 and 147 — Murder — Circumstantial Evidence —Conviction in Circumstantial Evidence Cases — In cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances proving the accused's guilt beyond reasonable doubt, excluding all other hypotheses, and mere suspicions, possibilities, or probabilities are insufficient; the burden of proof remains on the prosecution to demonstrate the accused's guilt with certainty, esp India Law Library Docid # 2422639
(611) JASMINBHAI BHARATBHAI KOTHARI Vs. STATE OF GUJARAT[SUPREME COURT OF INDIA] 30-01-2025 Supreme Court Rules, 2013 — Scope of Order 22 Rule 5 —Applicability of Order 22 Rule 5 in Special Leave Petitions — The Supreme Court clarified that Order 22 Rule 5 of the Supreme Court Rules, 2013, which deals with exemptions from surrendering, applies only to cases where the petitioner has been sentenced to a term of imprisonment. India Law Library Docid # 2422642
(612) VELLORE DISTRICT ENVIRONMENT MONITORING COMMITTEE REP. BY ITS SECRETARY MR. R. RAJEBDRAN Vs. THE DISTRICT COLLECTOR, VELLORE DISTRICT AND OTHERS[SUPREME COURT OF INDIA] 30-01-2025 Environment Law — Polluter Pays Principle — The polluter is absolutely liable for the harm caused to the environment and must bear the cost of both compensating the victims and restoring the damaged ecology — This liability is continuous and does not cease until the environmental damage is fully reversed — The principle applies not only to compensating individuals affected by pollution but also to the cost of reversing ecological damage. India Law Library Docid # 2422132
(613) M/S. JM LABORATORIES AND OTHERS Vs. STATE OF ANDHRA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 30-01-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 192, 202, 204, 468(2) and 482 — Drugs and Cosmetics Act, 1940 — Sections 16, 18(a)(i), 27(d) and 32 — Mandatory Reasoning in Summoning Orders — The Supreme Court holds that when a magistrate issues process (summons) against an accused in a criminal case, the order must contain reasons for doing so — The magistrate is required to apply his mind to the facts of the case and the applicable law, examining the nature of the allegations and the evidence India Law Library Docid # 2422133
(614) INOX AIR PRODUCTS LIMITED NOW KNOWN AS INOX AIR PRODUCTS PRIVATE LIMITED AND ANOTHER Vs. THE STATE OF ANDHRA PRADESH[SUPREME COURT OF INDIA] 30-01-2025 Drugs and Cosmetics Act, 1940 — Section 3(f) — Definition of 'Manufacture' — The term 'manufacture' includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up, or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution — It does not include compounding or dispensing of any drug or the packing of any drug or cosmetic in the ordinary course of retail business India Law Library Docid # 2422134
(615) PARIMAL KUMAR AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 30-01-2025 Jharkhand Primary School Assistant Acharya Cadre (Recruitment, Promotion and Service Condition), Rule, 2022— Jharkhand Primary School Sahayak Acharya Sanwarg (Assistant Teacher Cadre) (Appointment, Promotion and Service Conditions) (Third Amendment) Rules, 2024 — Eligibility Criteria Cannot Be Changed Midway During Recruitment Process — The court held that once the recruitment process has commenced (i.e., from the date of the advertisement), the eligibility criteria cannot be altered midway unle India Law Library Docid # 2422155
(616) LOK PRAHARI THROUGH ITS GENERAL SECRETARY S.N.SHUKLA I.A.S. (RETD) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 30-01-2025 High pendency of cases — Supreme Court allows High Courts to appoint ad-hoc Judges under Article 224A of the Constitution, even if the vacancy exceeds 20% of the sanctioned strength, and sets a limit of 10% of the sanctioned strength for such appointments — The Court adopts a continuing mandamus to monitor the situation and ensure the backlog is addressed India Law Library Docid # 2422156
(617) MS MAJA DARUWALA AND ANOTHER Vs. STATE OF WEST BENGAL AND ANOTHER[SUPREME COURT OF INDIA] 30-01-2025 Foreigners Act, 1946 — Sections 14A and 14B —Constitution of India, 1950 — Article 21 — Right to Liberty and Fair Trial — Illegal Detention Post-Sentence — The prolonged detention of illegal immigrants from Bangladesh after they have completed their sentence under the Foreigners Act, 1946, is violative of their fundamental right to life and personal liberty guaranteed under Article 21 — Administrative Overreach — The executive policies and procedures that allow for indefinite detention pending r India Law Library Docid # 2422259
(618) SMT. N. USHA RANI AND ANOTHER Vs. MOODUDULA SRINIVAS[SUPREME COURT OF INDIA] 30-01-2025 Criminal Procedure Code, 1973 (CrPC) — Section 125 — Supreme Court addressed whether a woman can claim maintenance from her second husband under Section 125, if her first marriage is legally subsisting — The court held that denying maintenance to a woman in such a situation would defeat the social justice objective of Section 125 CrPC, which is to prevent vagrancy and destitution — This is especially true if the second husband knowingly entered into the marriage and enjoyed its benefits but seek India Law Library Docid # 2422264
(619) ASHOK SAXENA Vs. THE STATE OF UTTARAKHAND ETC[SUPREME COURT OF INDIA] 30-01-2025 Penal Code, 1860 (IPC) — Sections 302, 304 Part I and Exception 4 to Section 300 — Culpable Homicide not amounting to murder— Appellant, aged 74, killed another in 1992 during a heated altercation, initially charged with murder under Section 302 IPC — Whether the act qualifies as murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC, considering the doctrine of transfer of malice and the heat of the moment —Prosecution argued intent to kill, applying Sec India Law Library Docid # 2422265
(620) K. BALAJI Vs. STATE REP. BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 30-01-2025 Penal Code, 1860 (IPC) — Sections 341, 392, 397 and 506(ii) — The appellant was convicted under Sections 341, 392 read with 397, and 506(ii) IPC by the Trial Court — The High Court modified the sentence under Section 392 read with 397 IPC but upheld the other sentences — The appellant appealed to the Supreme Court, challenging the framing of the charge under Section 397 IPC, arguing that the knife recovered was not proven to be a deadly weapon, and contested the sentence under Section 392 IPC — India Law Library Docid # 2422323