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(801) H.GURUSWAMY AND OTHERS Vs. A. KRISHNAIAH SINCE DECEASED BY LRS. [SUPREME COURT OF INDIA] 08-01-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Limitation Act, 1963 — Section 5 — Condonation of Delay — Reversal of High Court Decision — The Supreme Court reversed the High Court's decision to condone a 2200-day delay in filing an application for recall — The Supreme Court's decision emphasizes the importance of adhering to the rules of limitation and not allowing the concept of "substantial justice" to override these rules — This sets a precedent for cases involving significant delays i
India Law Library Docid # 2421513

(802) SECURITIES AND EXCHANGE BOARD OF INDIA Vs. SUBRATA ROY SAHARA AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Contempt Case — The Supreme Court is hearing a contempt case against Subrata Roy Sahara and others, with multiple interlocutory applications pending — Issues include financial irregularities, contempt of court, and enforcement of previous orders concerning Sahara companies — The court is considering settlement proposals and financial deposits, with SEBI tasked to scrutinize these — Parties are also allowed to explore mediation — The court has directed deposits and investigations while keeping fu
India Law Library Docid # 2421615

(803) J.H.V. SUGAR LIMITED Vs. STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Allocation of sugarcane to sugar mills — Petitioner-J.H.V. Sugar Limited petitioned over sugarcane allocation in Uttar Pradesh, following a High Court judgment — The court monitored compliance with sugarcane allocation orders, with J.H.V. allocated 54.62 lakhs quintals — Issues included mill capacity, further allocation, farmer payments, and purchase centers — The court directed proportional allocation of remaining sugarcane based on crushing capacity, ordered J.H.V. to provide an additional Rs.
India Law Library Docid # 2421616

(804) VINOD Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 08-01-2025
Penal Code, 1860 (IPC) — Sections 394, 397, 120(B) and 506(B) — Maharashtra Control of Organized Crime Act, 1999 — Sections 3(1)(ii), 3(2), 3(4) — Appellant was arrested in April 2023 for allegedly being part of an organized crime syndicate involved in a dacoity — His bail application was rejected by the Special Judge under MCOCA, and subsequently by the High Court — The main issue is whether appellant should be granted bail, considering he has been in jail for about twenty months, the trial has
India Law Library Docid # 2421622

(805) JYOTI TOBI JONES Vs. THE ADDITIONAL SECRETARY TO THE GOVERNMENT AND OTHERS[SUPREME COURT OF INDIA] 08-01-2025
Information and Technology Act, 2000 — Sections 66D — Penal Code, 1860 (IPC) — Sections 406, 420, 465 and 468 — Supreme Court addressed a case involving a Nigerian citizen who was arrested in India and then ordered to be confined to a Special Detention Camp after being granted bail — The petitioner had been arrested for offenses under the Information Technology Act and the Indian Penal Code — The petitioner challenged the detention order, but the High Court rejected his challenge — The Supreme C
India Law Library Docid # 2421633

(806) SHARMILA VELAMUR Vs. V. SANJAY AND OTHERS[SUPREME COURT OF INDIA] 08-01-2025
Supreme Court is hearing a case concerning two specially abled children — The court has ordered that the two children, aged 21 and 19, should stay together in Bengaluru with their mother and other relatives — The elder son who was not previously in Bengaluru, was ordered to join his younger brother there — Both children are to undergo medical assessments at the National Institute of Mental Health and Neuro Sciences (NIMHANS) in Bengaluru — The court expects both parents to accompany their childr
India Law Library Docid # 2421688

(807) A. VIJAY @ VIJAYA KUMAR Vs. STATE [SUPREME COURT OF INDIA] 08-01-2025
Penal Code, 1860 (IPC) — Sections 417 and 376 — The court upheld the conviction of the appellant — However, the court modified the sentence of imprisonment to the period already served — The decision was significantly influenced by the fact that the appellant and the complainant had married, had a child, and were living together happily, with the complainant no longer wishing to pursue the case — The court noted that the appellant's second marriage was technically invalid under the Hindu Marriag
India Law Library Docid # 2422160

(808) M/S AIR SHAGOON (NETWORK) PVT LTD Vs. ABW INFRASTURTURE LTD AND OTHERS[SUPREME COURT OF INDIA] 07-01-2025
Arbitration and Conciliation Act, 1996 — Section 8 — Landlord filed a suit against their tenant for eviction and mesne profit — The tenant invoked Section 8 of the Arbitration Act, citing an arbitration clause in their contract and claiming the tenancy was not statutorily protected — The High Court initially dismissed the tenant's application but later allowed it, referring the matter to arbitration — The landlord challenged this decision in the Supreme Court — Meanwhile, a petition was filed be
India Law Library Docid # 2422314

(809) M/S VIDYAWATI CONSTRUCTION COMPANY Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 07-01-2025
Arbitration and Conciliation Act, 1996 — Sections 16(2) and 34 — Section 16(2) — A party cannot raise a plea of lack of jurisdiction of the Arbitral Tribunal after submitting their statement of defence — This bar does not apply if the party had not appointed or participated in appointing an arbitrator, but in cases where a party has submitted to the jurisdiction (e.g., by filing a statement of defence) and agreed to proceed with the arbitration, they are estopped
India Law Library Docid # 2422635

(810) PALAK AND ANOTHER Vs. YOGESH AND OTHERS [SUPREME COURT OF INDIA] 07-01-2025
Matrimonial Law — Divorce by Mutual Consent — Supreme Court addressed a case involving a couple, who married on June 26, 2023, but separated due to temperamental differences — After a failed mediation, they agreed to a settlement to end their marriage and dissolve their disputes — The Court granted a divorce by mutual consent, as per the settlement, and quashed all listed legal proceedings between them, which included a civil suit, police complaints, domestic violence proceedings, a CAW complain
India Law Library Docid # 2421652

(811) HASAN AMIR RAJE Vs. STATE OF MAHARASHTRA [SUPREME COURT OF INDIA] 07-01-2025
Penal Code, 1860 (IPC) — Sections 177, 406, 409, 420, 465, 467, 471 read with Section 120-B — Maharashtra Protection of Interest of Depositors (MPID) Act, 1999 — Section 3 — Appellant was convicted and sentenced to ten years' rigorous imprisonment under the IPC and MPID Act — He appealed to the High Court of Judicature at Bombay, Aurangabad, seeking suspension of his sentence, which was denied —Appellant then appealed to the Supreme Court, which had previously granted him interim bail due to a m
India Law Library Docid # 2421657

(812) SAHIL KAUSHIK Vs. SHELPAN LOHIA @ SHELPAN KAUSHIK [SUPREME COURT OF INDIA] 07-01-2025
Penal Code, 1860 (IPC) — Sections 498A, 323 and 34 —Quashing of Criminal Proceedings — This application addresses a previous order (14.10.2024) where FIR No. 3 of 2023 (offenses under Sections 498A, 323, and 34) was inadvertently omitted — The main query is whether Case No. 128 of 2023 should be quashed due to this lawyer's error — The opposing counsel contends that serious allegations against the applicant justify proceeding, while the applicant argues the omission was accidental and the prior
India Law Library Docid # 2421659

(813) D. GANDHARUBAN AND ANOTHER Vs. STATE[SUPREME COURT OF INDIA] 07-01-2025
Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The petitioners were charged with offenses related to a 2017 incident that resulted in a death — The court considered arguments from both the petitioners' counsel and the state of Tamil Nadu's counsel — The key legal issue revolved around the period of limitation for the offense, with the state arguing for a three-year limitation period based on Section 304-A of the Indian Penal Code (IPC), which covers causing death by neglige
India Law Library Docid # 2421682

(814) SHAHBAZ ANWAR Vs. THE STATE OF WEST BENGAL AND OTHERS [SUPREME COURT OF INDIA] 07-01-2025
Penal Code, 1860 (IPC) — Sections 341, 323, 325, 504, 506 and 34 — The Supreme Court addressed a criminal appeal where the High Court had quashed a charge sheet against the appellant in the absence of the defacto-complainant — The High Court had ordered that the defacto-complainant be served with a copy of the application, which the appellant claimed to have done by speed post — However, it was discovered that the defacto-complainant had died prior to the claimed date of service — The postal dep
India Law Library Docid # 2421574

(815) AYISHA AND OTHERS Vs. DEVAKI AMMAL (DEAD) THROUGH LRS. AND OTHERS [SUPREME COURT OF INDIA] 07-01-2025
Kerala Land Reforms Act, 1963 — Section 125(2) — The High Court had allowed a Second Appeal and remanded the case to the First Appellate Court, directing that court to test the validity of orders passed by the Land Tribunal — The defendant appealed this decision — The Supreme Court notes that the orders by the Land Tribunal were confirmed up to the High Court level — The central issue is whether the High Court was correct in directing the First Appellate Court to review the validity of the Land
India Law Library Docid # 2421576

(816) KANAGAMBAL Vs. SELVARAJ AND OTHERS [SUPREME COURT OF INDIA] 07-01-2025
Property Dispute — The case involves a plaintiff seeking declaration of title, permanent injunction, and possession of a property against the defendants — The High Court had reversed the judgments of the lower courts and dismissed the plaintiff’s suit — The Supreme Court allowed the appeal, finding that the plaintiff and defendants were heirs of two daughters of the original landowner and therefore entitled to half-share of the suit property each — The court set aside the High Court's order, dec
India Law Library Docid # 2421578

(817) STATE OF HIMACHAL PRADESH AND OTHERS Vs. OM PARKASH PRADHAN AND ANOTHER [SUPREME COURT OF INDIA] 07-01-2025
Constitution of India, 1950 — Article 19 — Right of Road access — Respondents sought declaration that Dharampur-Rajpura Road was fit for vehicles and for HRTC buses to ply — High Court ruled in their favor, ordering road access and compensation — Supreme Court upheld High Court, noting right to life includes road access, especially in hilly areas — Dismissed State's petition, confirmed High Court's order, and directed immediate compliance — Interim relief vacated.
India Law Library Docid # 2421581

(818) RANJIT SINGH Vs. STATE OF U.P. THRU. SECRETARY (HOME) AND OTHERS[SUPREME COURT OF INDIA] 07-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance Order — The High Court had not considered that the appellant's salary was already being deducted by 20.5% per month and credited to the respondent — The Supreme Court modified the High Court's order to account for these deductions, ensuring the maintenance payments were adjusted to reflect the money already being deposited into the respondent's account — Additionally, the court directed that any outstanding arrears be paid within s
India Law Library Docid # 2421536

(819) ANIL KUMAR AGRAWAL Vs. GOPICHAND KHEMANI AND ANOTHER[SUPREME COURT OF INDIA] 07-01-2025
Cancellation of allotment of Plots — Supreme Court heard appeals regarding a case where the High Court had reversed the trial court's decision concerning the cancellation of allotment of plots in a commercial complex — The plaintiffs/respondents had their bids canceled for failing to deposit the full amount required within the stipulated time period, despite being notified — The High Court sided with the plaintiffs because they claimed they did not receive the notices of payment and the Raipur D
India Law Library Docid # 2421543

(820) H. N. PANDAKUMAR Vs. STATE OF KARNATAKA [SUPREME COURT OF INDIA] 07-01-2025
Penal Code, 1860 (IPC) — Section 326 — Compromise Despite Non-Compoundability — Even though section 326 is a non-compoundable offense under the Criminal Procedure Code, the Court can still allow the compounding of such an offense when there is a genuine and voluntary settlement between the parties — This is an exception to the general rule and is invoked in special circumstances.
India Law Library Docid # 2421412