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(201) P. SAKTHI Vs. THE GOVERNMENT OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Service Law — Promotion — Right to Consideration — Effect of Set Aside Punishment — An employee possesses a fundamental right to be considered for promotion when eligible as per the rules and when selections are conducted — Denial of such consideration based on a past punishment is legally unsustainable and unjust if that punishment has already been set aside by a competent authority prior to the consideration period.
India Law Library Docid # 2425315

(202) AMAN BHATIA Vs. STATE (GNCT OF DELHI)[SUPREME COURT OF INDIA] 02-05-2025
Prevention of Corruption Act, 1988 — Section 2(c)(i) — “Public Servant” — Interpretation — Legislative Intent — Public Duty — The definition of “public servant” in Section 2(c) is comprehensive and requires a wide, purposive interpretation to advance the Act’s object of curbing corruption — The legislative intent, shifting from the repealed 1947 Act, emphasizes the performance of ‘public duty’ rather than solely the traditional master-servant or principal-agent relationship or mode of appointmen
India Law Library Docid # 2425316

(203) K.R. SURESH Vs. R. POORNIMA AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Contract Act, 1872 — Section 74 — Specific Relief Act, 1963 — Section 22 — Forfeiture of Earnest Money vs. Advance Money — Distinction and Applicability of S. 74 — Earnest money serves a dual purpose: part-payment and security for performance — Its forfeiture upon the purchaser’s default, if reasonable and explicitly provided for, generally falls outside the scope of penalty under Section 74 of the Contract Act — Conversely, forfeiture of ‘advance money’ (mere part-payment) or stipulations by wa
India Law Library Docid # 2425317

(204) ASF BUILDTECH PRIVATE LIMITED Vs. SHAPOORJI PALLONJI AND COMPANY PRIVATE LIMITED[SUPREME COURT OF INDIA] 02-05-2025
Arbitration and Conciliation Act, 1996 – Sections 2(1)(h), 7, 16 & 19 – Power of Arbitral Tribunal to Implead Non-Signatories – Group of Companies Doctrine and Mutual Consent – An Arbitral Tribunal possesses the authority and jurisdiction, rooted in Sections 2(1)(h) and 7 and exercisable under Section 16, to determine whether a non-signatory is bound by the arbitration agreement and, if so, to implead such non-signatory as a party to the arbitration proceedings — This power derives from the foun
India Law Library Docid # 2425318

(205) DR. VIMAL SUKUMAR Vs. D. LAWRENCE AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Church Law / Ecclesiastical Law — Church of South India (CSI) — Constitution and Bye-Laws — Amendments — Validity — Procedure — Assessment of the validity of amendments proposed/passed concerning the CSI Constitution (increasing retirement age of clergy) and Bye-Laws (qualifications of office bearers) during a Special Synod Meeting on 07.03.2022.
India Law Library Docid # 2425323

(206) KABIR PAHARIA Vs. NATIONAL MEDICAL COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Constitution of India — Articles 14, 16 & 21 — Rights of Persons with Disabilities Act, 2016 — Admission to Medical Education (MBBS) — Persons with Benchmark Disabilities (PwBD) — Substantive Equality & Reasonable Accommodation — The constitutional mandate of substantive equality under Articles 14, 16, and 21, read with the Rights of Persons with Disabilities Act, 2016, requires affording reasonable accommodations to Persons with Disabilities (PwD) and Persons with Benchmark Disabilities (PwBD)
India Law Library Docid # 2425325

(207) SANTOSH DEVI Vs. SUNDER[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 17 — Effect of fraud — Code of Civil Procedure, 1908 — Order VII Rule 6 — Grounds of exemption from limitation law — Suit for cancellation of sale deed — To claim exemption from the ordinary period of limitation under Section 17 of the Limitation Act on the ground of fraud, the plaintiff must specifically plead and prove not only the fraud pertaining to the transaction itself but, crucially, that they were, by means of such fraud, kept from the knowledge of their r
India Law Library Docid # 2425397

(208) PUNAM KUMARI SHARMA Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause vs. Length of Delay — Liberal and Pragmatic Approach — In examining a plea for condonation of delay under Section 5 of the Limitation Act, 1963, courts should focus on the sufficiency of the cause shown rather than the mere length of the delay; if a sufficient cause is demonstrated, the delay should be condoned irrespective of its duration, adopting a liberal, rational, common sense, and pragmatic approach to ensure subst
India Law Library Docid # 2425505

(209) EXECUTIVE ENGINEER, WORKS DIVISION, PWD Vs. FREGRENANDO ALEX NUNES AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Land Acquisition — Market Value — Determination — Sale exemplar method — Reliance on sale instances proximate to Section 4(1) notification — Such evidence not to be discarded without valid reason. (Para 10, 11)

B. Land Acquisition — Market Value — Determination — Sale exemplar method — Proximity in time — Sale instances 4-5 years prior to acquisition can be relied
India Law Library Docid # 2426431

(210) M/S. COAL INDIA LIMITED Vs. COMMISSIONER OF CUSTOMS (PORT), CUSTOMS HOUSE, KOLKATA[SUPREME COURT OF INDIA] 01-05-2025
Customs Act, 1962 — Section 14 — Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 — Rule 9(1)(e) — Assessable Value — Payments to Third Party (Indian Agent) — Payments made by an importer (Appellant) to an Indian agent/distributor (M/s Voltas Ltd.) of a foreign supplier, stipulated as a percentage of the FOB value and payable in addition to the price paid to the foreign supplier, are includible in the assessable value
India Law Library Docid # 2425256

(211) RAJU @ UMAKANT Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 01-05-2025
Penal Code, 1860 — Sections 366, 376(2)(g), 342 — Evidence Act, 1872 — Section 114A — Rape — Testimony of Prosecutrix — Corroboration — The testimony of a prosecutrix in a sexual assault case, if found to be credible, consistent, and confidence-inspiring despite minor contradictions or variations from initial reports, is sufficient for conviction without corroboration — A victim of sexual assault is not an accomplice, and her evidence should be evaluated keeping in mind she is an interested witn
India Law Library Docid # 2425284

(212) ASHOK KUMAR JAIN Vs. THE STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Commercial Disputes — Abuse of Process — The inherent power under S. 482 CrPC to quash an FIR should be exercised sparingly and cautiously — While the court cannot embark upon an enquiry into the reliability of FIR allegations at this stage, where the FIR itself, read with undisputed documents related to the transaction, clearly points towards a dispute primarily of a civil nature (like non-payment in a commercial transaction involv
India Law Library Docid # 2425285

(213) DINESH D PANCHAL AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025
Service Law — Railways — Seniority — Absorption of Surplus Staff — Indian Railway Establishment Manual (IREM), Para 313A — Railway Board Circular No. RE 106/2004 dated 26.06.2004 — Upon redeployment or absorption into a new unit/department due to being rendered surplus, Railway employees are treated as fresh entrants in the matter of seniority under Para 313A of IREM (introduced via Circular dated 26.06.2004) — They are not entitled to the benefit of past service rendered in the previous unit fo
India Law Library Docid # 2425286

(214) R. RANJITH SINGH AND OTHERS Vs. THE STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025
Service Law — Seniority — Direct Recruitment — Inter-se Seniority between Open Market Candidates and Departmental Candidates selected through same process — Basis of Seniority — Merit vs. Source — Constitution of India — Articles 14, 16 & 21 — Where recruitment to a post is made through a common direct recruitment process (including a common examination) involving candidates from the open
India Law Library Docid # 2425319

(215) AJAY RAJ SHETTY Vs. DIRECTOR AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025
Probation of Offenders Act, 1958 — Section 4 — Release on Probation — Mandatory Duty of Court to Consider — Discretion and Recording of Reasons: While an offender cannot seek release on probation under Section 4 of the Probation of Offenders Act, 1958, as a matter of right, a mandatory duty is cast upon the court to consider whether the case warrants releasing the offender on probation if the circumstances stated in subsection (1) of Section 4 are attracted and applicability is not excluded; if
India Law Library Docid # 2425506

(216) M/S. NARESH KUMAR GUPTA Vs. STATE OF PUNJAB AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025
Punjab Value Added Tax Act, 2005 — Section 29 — Amendment by Punjab Value Added Tax Act, 2013 — Assessment of tax — Limitation period for assessment — Constitutional validity of amendment — Extension of limitation from three years to six years retrospectively — Effect of amendment on concluded proceedings challenged — Challenge based on prospectivity, overruling of judgments, violation of natural justice and Articles 14/19, extension of period for reassessment after expiry, and inconsistency wit
India Law Library Docid # 2425830

(217) THADIYUS TIRKI Vs. STATE OF M.P.(NOW CHHATTISGARH)[SUPREME COURT OF INDIA] 01-05-2025
Criminal Law — Appeal — Concurrent findings — High Court affirming conviction under Section 458 of the Penal Code, 1860 — Appellant challenging affirmation of conviction — Supreme Court’s scope of intervention in concurrent fact findings
India Law Library Docid # 2425960

(218) RAJEEV KISHOR GAUTAM Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Grant of — Offences under Sections 341, 323, 307, 379, 302, and 34 of Indian Penal Code, 1860 — Murder and Attempt to Murder — High Court granted anticipatory bail in a murder case with allegations of severe head injury and subsequent assault by multiple accused — Trial court had previously rejected bail considering active participation, cause of death (head injury), and criminal antecedents — High Court’s order found to be crypti
India Law Library Docid # 2426433

(219) SHENBAGAVALLI AND OTHERS Vs. THE INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025
Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — To constitute an offence under Section 306 IPC, the essential ingredients of abetment as defined under Section 107 IPC must be established — There must be proof of a direct or indirect positive act of incitement to the commission of suicide by the accused, reflecting a mens rea to instigate or aid the deceased to end their life.
India Law Library Docid # 2425257

(220) KRISHNA KUMAR KEDIA Vs. UNION OF INDIA THROUGH DIRECTOR, CBI[SUPREME COURT OF INDIA] 30-04-2025
Evidence Act, 1872 — Section 133 — Approver Evidence — Corroboration — Conviction based significantly on approver’s testimony admitting forgery at appellant’s behest is sustainable when corroborated by: (i) testimony of the official denying the forged signature, (ii) testimonies of appellant’s employees confirming lifting of goods and diversion on appellant’s instructions, and (iii) testimonies of departmental
India Law Library Docid # 2425258