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(841) NIBIN KHAN Vs. STATE OF KERALA AND ANOTHER[SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Sections 376, 376(2)(n), 109 and 312 — Cancellation of his bail — Appellant was initially granted bail by the High Court of Kerala with certain conditions, including not intimidating witnesses or contacting the victim and not committing similar offenses — However, this bail was later cancelled by a lower court for violating those conditions — The Supreme Court overturned the High Court's decision to cancel the bail, stating that the High Court was not justified in doing
India Law Library Docid # 2421681

(842) SURESH KUMAR Vs. THE STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Sections 279, 337, 338, and 304A — The Supreme Court of India heard a criminal appeal regarding a conviction for negligent driving — The appellant's jeep collided with a tree on a village road during a rainy day, causing injuries to passengers and the death of one — The appellant was initially convicted under Sections 279, 337, 338, and 304A of the Indian Penal Code (IPC) and sentenced to one year — The Supreme Court noted the vehicle was traveling at 60-65 kmph when the
India Law Library Docid # 2421571

(843) AARTI KUMARI AND OTHERS Vs. SHAILENDRA KUMAR VERMA AND ANOTHER [SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Sections 323, 307, 341, 379, 498-A and 120-B —Dowry Prohibition Act, 1961 — Sections 3 and 4 — Transfer of Matrimonial Case — The Supreme Court has allowed a transfer petition filed by the petitioner-wife, seeking to move a case filed by the respondent-husband from the court of the Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate at Ghaziabad, Uttar Pradesh, to the Court of the Chief Judicial Magistrate at Aurangabad, Bihar — The court noted
India Law Library Docid # 2421590

(844) R.H.N. MATHUR Vs. K.S. SUBRAHMANYAM (DIED) AND OTHERS[SUPREME COURT OF INDIA] 06-01-2025
Suit for Specific performance of an Agreement to Sell — Despite the appellant not claiming any alternative relief, the Supreme Court exercised its power under Article 142 of the Constitution of India to direct the respondents to repay a sum of Rs. 4,66,000/- with 12% simple interest per annum from 01.01.1992 until the date of payment — The Court essentially read an alternative prayer into the plaint through an oral application by the appellant’s counsel — The amount was to be deposited in the ex
India Law Library Docid # 2421538

(845) SOUMYA AWASTHI Vs. PRASHANT SHUKLA[SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — Settlement — However, the parties reached a settlement where they agreed to resume their marital life — Key elements of the settlement included the parties agreeing to live together as husband and wife, forgive past differences, and the husband depositing money for their son's maintenance — They also agreed to cooperate on the wife's transfer to Kanpur and to withdraw all litigation — The key legal point is that the Supreme Court disposed of the transfer petition after the part
India Law Library Docid # 2421539

(846) STATE OF MADHYA PRADESH AND ANOTHER Vs. SATYANARAYAN[SUPREME COURT OF INDIA] 06-01-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay in filing an application to restore a first appeal that had been dismissed for non-prosecution — The original suit concerned the respondent's claim of ownership over a temple and 15 hectares of land — The State's appeal before the District Judge was dismissed for non-prosecution due to negligence, and their application to restore the appeal was also delayed — The High Court also rejected the State's appeal — The Supreme Court, witho
India Law Library Docid # 2421540

(847) SANGEETA RAJENDRA SHARMA Vs. SHRIKANT SHRIRAM NARSARIA AND OTHERS[SUPREME COURT OF INDIA] 06-01-2025
Partition Suit — Family Property Dispute — The petitioner initially claimed a 1/9th share of the ancestral property, which was later revised to 1/6th — The High Court had permitted the redevelopment of the property, including directing the execution of agreements for alternate accommodation for the petitioner and another defendant, along with payments of a corpus, transit rent, and other fees — The Supreme Court, in its intervention, focused on the petitioner’s need for temporary accommodation w
India Law Library Docid # 2421545

(848) BHARAT AAMBALE Vs. THE STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 06-01-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 52 — Substantial Compliance is Key — The court has consistently held that what is required is substantial compliance with the procedure laid out in Section 52A of the NDPS Act and its related rules, not necessarily strict, letter-by-letter adherence — This means that the core purpose of the procedure, which is to ensure the integrity of the evidence, must be met.
India Law Library Docid # 2421809

(849) EDAKKANDI DINESHAN @ P. DINESHAN AND OTHERS Vs. STATE OF KERELA[SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Sections 302 and 149 — Explosive Substance Act, 1908 — Section 5 — Violent clash between members of the Communist Party of India (M) (CPI(M)) and the Rashtriya Swayam Sevak Sangh/Vishva Hindu Parishad (RSS/VHP) — Eleven individuals who had defected from CPI(M) to RSS were attacked by a mob, resulting in the fatal injuries — An FIR was registered, and investigations led to the arrest of several individuals — The trial court convicted all accused, but the High Court reduce
India Law Library Docid # 2421390

(850) ATUL TIWARI Vs. REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED[SUPREME COURT OF INDIA] 06-01-2025
Motor Vehicles Act, 1988 — Section 166 — Notional income and the addition for future prospects — 60% permanent disability — MACT allowed compensation of Rs. 19,43,800 — Both the petitioner and the insurance company filed cross-appeals — High Court partially allowed them, enhancing the loss of income compensation but not adequately addressing other heads — The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like lo
India Law Library Docid # 2421391

(851) FRANK VITUS Vs. NARCOTICS CONTROL BUREAU AND OTHERS[SUPREME COURT OF INDIA] 06-01-2025
Registration of Foreigners Rules, 1992 — Rule 3 — Foreigners Act, 1946 — Section 2(a) and 3(2)(g) — Whether a Foreign Registration Officer should be impleaded in bail applications for foreigners under the Foreigners Act, 1946 — The Court held that impleadment is unnecessary, as the criminal court's bail jurisdiction is distinct from the powers of Civil and Registration Authorities under related rules and orders — Instead, the Court directed that bail orders must be immediately communicated to th
India Law Library Docid # 2421392

(852) JIT VINAYAK AROLKAR Vs. STATE OF GOA AND OTHERS[SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Sections 415 and 420 — Cheating — The court found that the elements of cheating under Section 415 were not met — The appellant did not deceive the 4th respondent, nor did the sale deeds cause harm or damage to the 4th respondent — The appellant did not claim to be or represent the 4th respondent, nor did the appellant try to transfer the rights of the 4th respondent — The court cited a previous case, Mohd. Ibrahim vs. State of Bihar, (2009) 8 SCC 751 , stating that whil
India Law Library Docid # 2421393

(853) MADHUMITA BHAINSORA AND OTHERS Vs. RAMESH DHAR [SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — Transfer Petition — Court dismissed petitions seeking the transfer of cases from courts in Noida, Uttar Pradesh, to a court in Vashi, Mumbai, Maharashtra — The matters were referred to the Supreme Court Mediation Centre to explore settlement, but the mediation was unsuccessful — Ultimately, the court was not inclined to transfer the cases, and the transfer petitions were dismissed.
India Law Library Docid # 2421596

(854) KRUSHNA CHANDRA BEHERA AND OTHERS Vs. NARAYAN NAYAK AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 and 2 — Injunction — The plaintiffs filed a suit for a permanent injunction to prevent defendants from interfering with their land possession — The Trial Court and First Appellate Court ruled in favor of the plaintiffs, but the High Court dismissed the suit on the grounds that the plaintiffs had not sought a declaration of title — The main issue was whether a suit for permanent injunction can be maintained without a prayer for a declaration of
India Law Library Docid # 2421603

(855) NAMAMI GANGE AND RURAL WATER SUPPLY DEPARTMENT Vs. OM PRAKASH SINGH AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Uttar Pradesh Water Supply and Severage (Amendment) Act, 2021 — Successor liability — Namami Gange and Rural Water Supply Department, as the successor to the U.P. Jal Nigam (Rural), is bound by the prior orders of the Court — The court determined that the department could not re-litigate issues that had already been decided in previous litigation — This was despite the department's argument that it was not in existence when the original orders were passed, as the court considered the new entity
India Law Library Docid # 2421514

(856) SHRI JAIN SHWETAMBER SHRI SANGH PANJIKRIT SANSTHA, THROUGH PRESIDENT Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Settlement Agreement — Property Dispute — Approval of Settlement Agreements — The Supreme Court explicitly approved and incorporated the settlement agreement reached between Shri Jain Shwetambar Shree Sangh and Shri Jain Shwetambar Khartargachh Sangh into its order — This sets a precedent that the court will endorse and enforce settlements when parties amicably resolve their disputes — The court modified the judgments of the lower courts in accordance with this settlement.
India Law Library Docid # 2421515

(857) ANKITA SHARMA Vs. MANU SHARMA [SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — Transfer Petition — The petitioner sought to transfer her divorce case from Ghaziabad to Narnaul, following a settlement agreement with her husband — They agreed to a payment of Rs. 14,50,000, along with gold and silver, and sought a divorce by mutual consent under Article 142 of the Constitution — Both parties agreed to dissolve their marriage and withdraw pending litigation — The Supreme Court, considering the settlement and affidavits, granted the divorce by mutual consent u
India Law Library Docid # 2421612

(858) SANDEEP @ SAMMAN Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 06-01-2025
Premature Release — The Supreme Court directed the Sentence Review Board to reconsider appellant’s premature release case after finding that the Board had not considered his co-accused's earlier release, which was noted in the High Court order — The court ordered a decision within three months and disposed of the appeal.
India Law Library Docid # 2421621

(859) LAXMIBAI DIGAMBAR TAYADE Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Section 307 — Suspension of Sentence — The Supreme Court granted leave to appeal and disposed of the appeal, concerning appellant by suspending her sentence and releasing her on bail — This decision was made considering that she is a 75-year-old woman, has served over six months in prison, and her appeal against her conviction is pending before the High Court with no immediate prospect of being heard — The Court deemed it appropriate to suspend her sentence related to Se
India Law Library Docid # 2421623

(860) SANTOSH KUMAR JHA @ SANTOSH JHA Vs. STATE OF JHARKHAND AND ANOTHER[SUPREME COURT OF INDIA] 06-01-2025
Negotiable Instruments Act, 1881 — Sections 138 and 147 — Dishonour of Cheque — The Supreme Court of India addressed a criminal appeal by appellant who was convicted under Section 138 — The trial court sentenced him to three months of simple imprisonment and directed him to pay Rs. 1,18,000 as compensation to the complainant — Although the sessions court and High Court upheld the conviction, the Supreme Court allowed the parties to settle their disputes — Since the complainant received the full
India Law Library Docid # 2421625