(681) VIPIN KUMAR Vs. JAYDEEP AND OTHERS[SUPREME COURT OF INDIA] 21-01-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Appellant appealed a High Court order rejecting his request to recall a previous decision in a dispute over an LPG distributor appointment — The original suit challenged appellant’s appointment due to a fraudulent domicile certificate — The High Court had previously ordered a fresh dealership exercise but appellant claimed inadequate notice and lack of substantial legal questions framed under Section 100 — The Supreme Court found t India Law Library Docid # 2422317
(682) STATE OF JHARKHAND Vs. DR. NISHKANT DUBEY AND OTHERS[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) Sections 336, 447 and 448 — Aircraft Act, 1934 — Sections 10, 11A and 12B — Section 12B of the Aircraft Act, 1934 — The court clarified that Section 12B of the Aircraft Act, which requires a complaint to be made by or with the sanction of the Director General of Civil Aviation or other authorized aviation authorities, is a pre-condition for taking cognizance of any offence under the Act — - The court held that the local police cannot independently investigate or file char India Law Library Docid # 2421892
(683) THE GENERAL MANAGER PERSONNEL SYNDICATE BANK AND OTHERS Vs. B. S. N PRASAD[SUPREME COURT OF INDIA] 21-01-2025 Syndicate Bank Officer Employees’ (Conduct) Regulations 1976 — Regulation 3(1) and 24 — A Syndicate Bank branch manager was dismissed in 2012 after a disciplinary inquiry found him guilty of misappropriating funds, making fictitious debits, and exceeding limits — He challenged the dismissal, claiming lack of evidence and procedural unfairness — The High Court ruled in his favor, but the bank appealed to the Supreme Court — The key issues were the fairness of the inquiry, the justification for di India Law Library Docid # 2421838
(684) STATE OF PUNJAB AND OTHERS Vs. M/S OM PRAKASH BRICK KILN OWNER, ETC.[SUPREME COURT OF INDIA] 21-01-2025 Punjab Minor Mineral Concession Rules, 1964 — Mines and Minerals (Regulation and Development) Act, 1957 — Section 3(e) — Right to Levy Royalty on Minor Minerals — The State Government has the authority to levy royalty on the extraction of minor minerals, including brick earth, under the Act, 1957 and Rules, 1964 — The declaration of brick earth as a minor mineral through a notification under Section 3(e) of the 1957 Act empowers the State Government to charge royalty, irrespective of the ownersh India Law Library Docid # 2421839
(685) SMT. PRAKASHI AND OTHERS ETC. ETC. Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND OTHERS ETC. ETC.[SUPREME COURT OF INDIA] 21-01-2025 Civil Procedure Code, 1908 (CPC) — Order 22 Rule 10A and Order 47 Rule 1 —Supreme Court Rules, 2013 — Order 47 — The Supreme Court dismissed the review petition because the applicants failed to provide evidence that they had informed the appellants about the death of the respondents during the pendency of the civil appeals — The Court held that the appellants could not be faulted for not bringing the legal representatives of the deceased respondents on record in the absence of such intimation. India Law Library Docid # 2421927
(686) LAXMI DAS Vs. THE STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Section 306 — Abetment of suicide — The appellant was accused of abetting the suicide of ‘S’, who was in a relationship with her son — The deceased's family opposed the relationship, and appellant allegedly disapproved of it — ‘S’ committed suicide by jumping in front of a train —Appellant was charged under Section 306 IPC, but she challenged the charges, claiming no direct instigation. Whether appellant’s actions constituted abetment of suicide under Section 306 IPC, re India Law Library Docid # 2421840
(687) SURENDRA SINGH Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Section 302 — Bail — Supreme Court suspended the sentence and granted bail to the appellant due to his prolonged incarceration of over 10 years and the delay in listing his criminal appeal — The Court invoked its powers under Article 142 of the Constitution to ensure justice, as further incarceration would be unjust if the High Court were to reverse the conviction in the future. India Law Library Docid # 2421935
(688) NITISH KUMAR @ PAPPU Vs. STATE (NCT OF DELHI)[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Sections 354(A) and 354(D) —Protection of Children from Sexual Offence Act, 2012 — Sections 9 and 10 — Bail —Supreme Court granted bail to the appellant considering that he had already served more than half of his 5-year sentence and that the appeal before the High Court was unlikely to be decided soon — The Court emphasized that the right to appeal is a statutory right, and further incarceration would render justice illusory if the conviction were later overturned. India Law Library Docid # 2421936
(689) IJHAR ALAM Vs. STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 21-01-2025 Criminal Procedure Code, 1973 (CrPC) — Section 82 —Anticipatory bail — The Supreme Court granted anticipatory bail to the appellant based on the Call Detail Records (CDRs) indicating consent between the appellant and the alleged victim — The Court also quashed the proceedings under Section 82 of the Cr.P.C. and clarified that the observations in the order were only for the purpose of granting bail and not on the merits of the case. India Law Library Docid # 2421940
(690) SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER[SUPREME COURT OF INDIA] 21-01-2025 Criminal Procedure Code, 1973 (CrPC) — Section 41A — Service of Notices under Section 41-A — The Court held that notices under Section 41A (now Section 35 of the BNSS, 2023) must be served in person as prescribed by the statute — Service through electronic modes such as WhatsApp, email, or SMS is not valid and cannot be considered a substitute for the prescribed mode of service — This is in line with the Court's earlier decision in Satender Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51, which uphe India Law Library Docid # 2422020
(691) DIRECTORATE OF ENFORCEMENT Vs. SUBHASH SHARMA[SUPREME COURT OF INDIA] 21-01-2025 . Prevention of Money Laundering Act, 2002 — Section 4 — Illegality of Arrest — The arrest of the respondent is deemed illegal because the respondent was detained by the Bureau of Immigration under a Look Out Circular (LOC) issued by the Directorate of Enforcement (appellant) and subsequently taken into physical custody by the ED at 11:00 hours on 5th March 2022, but was not produced before the nearest magistrate within 24 hours as required by clause 2 of Article 22 and Section 57 of the Cr.P.C. India Law Library Docid # 2422210
(692) VEDANT SHUKLA AND OTHERS Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Sections 498A, 506, and 34 — Dowry Harassment —Hindu Marriage Act, 1956 — Section 13B — Divorce by Mutual Consent — Quashing of Criminal Proceedings — The Court allowed the appeal and quashed the criminal proceedings initiated by the wife against her husband and his family — The parties had reached a settlement, leading to a mutual consent divorce under Section 13B — As part of the settlement, the wife agreed to resolve the criminal complaint and stated in the Family Cou India Law Library Docid # 2422163
(693) MEERA SINGH AND OTHERS Vs. NEW INDIA ASSURANCE CO LTD. AND ANOTHER[SUPREME COURT OF INDIA] 21-01-2025 Motor Vehicles Act, 1988 — Compensation — Enhancement in Appeal — Requirement of Reasoned Order — When enhancing compensation awarded by the Motor Accident Claims Tribunal, the High Court is obligated to analyze the evidence on record and provide clear reasoning for its determination, particularly regarding the assessment of the deceased's monthly income and the selection of the appropriate multiplier — An appellate order reassessing compensation that is cryptic, lacking analysis of evidence, an India Law Library Docid # 2424697
(694) BHARAT PETROLEUM CORPORATION LTD. Vs. COMMISSIONER OF CENTRAL EXCISE NASHIK COMMISSIONERATE[SUPREME COURT OF INDIA] 20-01-2025 Central Excise Act, 1944 — Sections 4(1)(a) and 11AC — Transaction Value under Section 4 — For the transaction value to be applicable under Section 4(1)(a), three conditions must be met India Law Library Docid # 2421807
(695) BHUPINDERPAL SINGH GILL Vs. STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Punjab Civil Services (Punishment and Appeal) Rules, 1970 — Rule 8 — A senior medical officer with 34 years of unblemished service faced disciplinary action days before retirement for alleged misconduct, including unauthorized leave and non-participation in the pulse polio program — Initially, a 2% pension cut was imposed, later modified by the High Court to a 5-year cut — The officer challenged this, claiming the charges were baseless and retaliatory for prior legal actions against government o India Law Library Docid # 2421808
(696) VINOD YESHWANT SHELKE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Education Law — Eligibility Based on Higher Qualification — The High Court's decision, which the Supreme Court upheld, states that a degree in Engineering in the respective trades is a higher qualification than a diploma in Engineering in that trade. This indicates that the court considered a higher degree as sufficient to qualify a candidate for a position that requires a diploma, provided that the higher qualification is in the same field. India Law Library Docid # 2421810
(697) USHA TIWARI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Petitioner, a poor elderly woman, filed a writ petition dismissed by the High Court, which also imposed a Rs. 50,000 cost on her and her son — She appealed to the Supreme Court, citing her inability to pay due to financial hardship — The High Court had intended the cost to benefit senior citizens lacking maintenance — The Supreme Court found no error in dismissing the writ petition but ruled that imposing the cost on the petitioner, given her age and financial vulnerability, was unjustified — It India Law Library Docid # 2421811
(698) DIKSHA MISHRA Vs. ALOK DWIVEDI[SUPREME COURT OF INDIA] 20-01-2025 Matrimonial Law — Transfer Petition — Petitioner-wife, filed a transfer petition seeking to move her divorce case from the Family Court in Ghaziabad, Uttar Pradesh, to the Family Court in Mandleshwar, MP West Nimad — The case was initially referred to the Supreme Court Mediation Centre, but mediation failed — The central issue was whether the divorce case should be transferred from the Ghaziabad court to the Mandleshwar court, as requested by the petitioner-wife — The petitioner-wife argued that India Law Library Docid # 2421812
(699) ASMA K. Vs. RAHIM MOGRAL @ ABDUL RAHEEM[SUPREME COURT OF INDIA] 20-01-2025 Matrimonial Law — Amicably settlement — The Supreme Court set aside the impugned judgment of the High Court and affirmed the trial court's decision, as the parties had amicably resolved their disputes through a settlement — The Court recorded the terms of the settlement, including the payment of maintenance and the acceptance of the divorce decree, and disposed of the special leave petition accordingly. India Law Library Docid # 2421928
(700) DIKSHA MISHRA Vs. ALOK DWIVEDI[SUPREME COURT OF INDIA] 20-01-2025 Matrimonial Law — Transfer Petitioner — The Supreme Court allowed the transfer petition, transferring the divorce case from Ghaziabad, Uttar Pradesh, to Mandleshwar, Madhya Pradesh, as mediation between the parties had failed — The Court emphasized the expediency of justice and directed the prompt transfer of records. India Law Library Docid # 2421930