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(641) RIKHAB BIRANI AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Penal Code, 1860 — Sections 406, 415, 420 — Criminal Procedure Code, 1973 — Section 482 — Distinction between Civil Wrong and Criminal Offence — Breach of Contract vs. Cheating/Criminal Breach of Trust — A mere breach of contract or failure to pay money due under an agreement does not automatically constitute a criminal offence like cheating or criminal breach of trust — The initiation of criminal proceedings for disputes that are essentially civil in nature, arising out of contractual obligati
India Law Library Docid # 2424847

(642) R. ANNAMALAI Vs. LALITHA SUBANAM[SUPREME COURT OF INDIA] 16-04-2025
Constitution of India — Article 142 — Irretrievable Breakdown of Marriage — Dissolution of Marriage — Where the Court finds, based on the prolonged separation of the parties (since 2006), lack of emotional connection, and failed mediation attempts, that the marriage between the appellant and the respondent has irretrievably broken down, the Court can exercise its plenary powers under Article 142 of the Constitution of India to grant a decree of divorce and dissolve the marriage on the ground of
India Law Library Docid # 2424848

(643) STATE OF RAJASTHAN AND OTHERS Vs. COMBINED TRADERS[SUPREME COURT OF INDIA] 16-04-2025
Central Sales Tax Act, 1956 — Section 13(1)(d), Section 13(3), Section 13(4) & Section 8(4) — Central Sales Tax (Registration and Turnover) Rules, 1957 — Rule 12(1) — Central Sales Tax (Rajasthan) Rules, 1957 — Rule 17(20) — Rule-making power of State Government vs. Central Government — Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained th
India Law Library Docid # 2424727

(644) K. SHIKHA BARMAN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 16-04-2025
Criminal Law — Identity of Accused — Burden of Proof — In a criminal prosecution, particularly under the NDPS Act, the fundamental burden lies upon the prosecution to establish beyond a reasonable doubt the identity of the person accused as the perpetrator of the offence — Where the appellant contends a case of mistaken identity, alleging she was not the person originally arrested but was implicated later, the prosecution must prove that the appellant in court is unequivocally the same individua
India Law Library Docid # 2424728

(645) SURESH C. SINGAL AND OTHERS Vs. THE STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure – Quashing of Proceedings (Section 482 CrPC / Article 226 Constitution) – Principles for Exercise of Power — The inherent jurisdiction of the High Court under Section 482 CrPC, complemented by the power under Article 226 of the Constitution, to quash criminal proceedings (including FIR and chargesheet) should be exercised sparingly, with caution, and only to prevent abuse of the process of court or otherwise secure the ends of justice — The exercise of this power depends heavi
India Law Library Docid # 2424729

(646) IRWAN KOUR Vs. PUNJAB PUBLIC SERVICE COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Service Law — Reservation — Ex-Servicemen — Applicable Rules — State vs. Central Rules — For recruitment to posts under the Punjab State Government advertised by the Punjab Public Service Commission, the eligibility for reservation under the “ex-servicemen” category must be determined solely based on the definition provided in the Punjab Recruitment of Ex-Servicemen Rules, 1982 (Punjab Rules, 1982), framed under Article 309 of the Constitution — The Ex-Servicemen (Re-employment in Central Civil
India Law Library Docid # 2424730

(647) STATE OF KARNATAKA Vs. NAGESH[SUPREME COURT OF INDIA] 16-04-2025
Evidence Act, 1872 — Appreciation of Evidence — Minor Discrepancies & Time Lag — Minor discrepancies, inconsistencies, or memory lapses in the testimonies of prosecution witnesses, especially the complainant and shadow witness, are natural and likely to occur when witnesses depose after a considerable lapse of time (10 years in this case) from the date of the incident — Such minor variations, which do not go to the root of the matter or shake the basic version of the prosecution case regarding d
India Law Library Docid # 2424731

(648) S.C. GARG Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure — Res Judicata in Criminal Proceedings — Applicability The principle of res judicata is applicable to criminal proceedings — A finding on a specific factual issue reached by a competent criminal court in a prior proceeding (rejection of a defence in a Section 138 NI Act case) is binding on the same parties in subsequent criminal proceedings where the same factual issue arises (Section 420 IPC prosecution based on the very defence rejected earlier) — A party cannot initiate a
India Law Library Docid # 2424732

(649) SATISH CHANDER SHARMA AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Constitution of India — Article 32 — Maintainability — Challenge to Supreme Court Judgment — A writ petition under Article 32 of the Constitution is not maintainable for the purpose of assailing the correctness or validity of a final judgment rendered by the Supreme Court, including judgments passed in appeals arising out of Special Leave Petitions under Article 136 — Such judgments cannot be challenged directly or collaterally through fresh writ proceedings under Article 32.
India Law Library Docid # 2424733

(650) SUSHILA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 498A, 323, 504, 506 — Dowry Prohibition Act, 1961 — Section 4 — Quashing of Complaint and Summoning Order — Matrimonial Dispute — Allegations against Husband’s Relatives — Abuse of Process — Where a complaint under S. 498A IPC and S. 4 DPA is filed against the relatives of the husband (mother, brothers, sister-in-law, sister) years after the dissolution of marriage by an ex-parte divorce decree, and the allegations against
India Law Library Docid # 2424799

(651) HAZRAT SAATPEER SAYED BABA DARGAH Vs. NASHIK MUNICIPAL CORPORATION AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Judicial Administration & Procedure — Listing of Cases — Urgent Matters — High Courts — Where serious allegations are made, supported by counsel's statement assuming responsibility, that a High Court repeatedly refused to list an urgent writ petition challenging an imminent demolition notice despite daily efforts since filing, the Supreme Court may take extraordinary measures
India Law Library Docid # 2424802

(652) KAMAL AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — S. 498-A IPC — Matrimonial Disputes — When exercising power under S. 482 CrPC in matrimonial disputes involving S. 498-A IPC allegations, especially when levelled long after marriage and soon after divorce proceedings are initiated by one party, the Court must be circumspect — It should examine if allegations, particularly against relatives, are
India Law Library Docid # 2424804

(653) MRS. VARSHATAI W/O. SH. SANJAY BAGADE Vs. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, MINISTRY OF LAW AND JUDICIARY, MANTRALAYA, MUMBAI AND ORS. ETC.[SUPREME COURT OF INDIA] 15-04-2025
Maharashtra Local Authorities (Official Languages) Act, 2022 — Section 3 — Official Language — Use of Additional Language — The prescription of Marathi as the official language for Local Authorities under Section 3 of the 2022 Act does not operate as a prohibition against the use of any other language, such as Urdu (a language included in the VIII Schedule of the Constitution), in addition to Marathi on signboards of a Municipal Council, particularly for the purpose of effective communication wi
India Law Library Docid # 2424694

(654) NIKHILA DIVYANG MEHTA AND ANOTHER Vs. HITESH P. SANGHVI AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Code of Civil Procedure, 1908 — Order VII Rule 11(d) — Rejection of Plaint — Bar of Limitation — For the purpose of deciding an application under Order VII Rule 11(d), the court is obligated to consider the averments made in the plaint alone — Where, from a plain reading of the plaint averments, the suit appears to be barred by the law of limitation, the plaint is liable to be rejected — No requirement exists to allow parties to lead evidence on limitation when the bar is apparent ex-facie from
India Law Library Docid # 2424695

(655) CRYOGAS EQUIPMENT PRIVATE LIMITED Vs. INOX INDIA LIMITED AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Civil Procedure Code, 1908 — Order VII Rule 11(a) & (d) — Rejection of Plaint — Mixed Question of Law and Fact — Copyright Act, 1957 & Designs Act, 2000 — The determination of whether an ‘artistic work’ (under Copyright Act, S. 2(c)) falls within the definition of a ‘design’ (under Designs Act, S. 2(d)) and whether copyright protection ceases under Section 15(2) of the Copyright Act due to industrial application involves mixed questions of law and fact, requiring a detailed examination beyond th
India Law Library Docid # 2424696

(656) RAJENDHIRAN Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — Interference with Concurrent Findings of Fact — The High Court, in exercising jurisdiction under Section 100 CPC, cannot overturn concurrent findings of fact recorded by the Trial Court and the First Appellate Court by relying on evidence (such as sale deeds and a mortgage deed pertaining to different properties) which is insufficient and irrelevant for establishing the fact in issue (oral partition of the suit property) — Such
India Law Library Docid # 2424770

(657) JUSTICE V.S. DAVE PRESIDENT, THE ASSOCIATION OF RETD. JUDGES OF SUPREME COURT AND HIGH COURTS Vs. KUSUMJIT SIDHU AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Service Law — Retired High Court Judges — Reimbursement of Expenses (Medical etc.) — Responsibility of State Government — Clarification of Prior Order — Where a High Court Judge is appointed in one High Court but retires from another High Court due to transfer, the responsibility for reimbursement of expenses (as directed by court orders) lies either with the State Government where the seat of the High Court in which the retired Judge was first appointed is situated, or with the State Government
India Law Library Docid # 2425058

(658) REKHA SHARMA Vs. HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025
Constitution of India, 1950 — Articles 14, 16, 32 — Rights of Persons with Disabilities Act, 2016 — Recruitment — Judicial Services — Reservation (Horizontal - PwBD; Vertical - EWS/ST) — Minimum Qualifying Marks vs. Cut-off — Adjustment of Candidates — In recruitment processes involving both vertical and horizontal reservations (like for Persons with Benchmark Disabilities - PwBD), the non-selection of a PwBD candidate who has secured the prescribed minimum qualifying marks but falls below the P
India Law Library Docid # 2425060

(659) PINKI Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025
Criminal Procedure Code, 1973 — S. 439 — Bail — Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC — High Court granted b
India Law Library Docid # 2424657

(660) RAJENDHIRAN Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025
Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — Interference with Concurrent Findings of Fact — The High Court, in exercising jurisdiction under Section 100 CPC, cannot overturn concurrent findings of fact recorded by the Trial Court and the First Appellate Court by relying on evidence (such as sale deeds and a mortgage deed pertaining to different properties) which is insufficient and irrelevant for establishing the fact in issue (oral partition of the suit property) — Such
India Law Library Docid # 2424800