(401) RAJINDER KUMAR JAIPURIA AND OTHERS Vs. SAKSHI JAIPURIA[SUPREME COURT OF INDIA] 23-04-2025 Protection of Women from Domestic Violence Act, 2005 — Section 12 — Complaint under — Quashing of proceedings — Counterblast to criminal proceedings — Allegations of financial fraud and forgery against respondent and husband by appellant No. 1 (father-in-law) followed by FIR — DV Act complaint filed subsequent to initiation of criminal proceedings — Timing suggestive of retaliatory motive — Filing of DV India Law Library Docid # 2426432
(402) RAMANUJ KUMAR Vs. PRIYANKA[SUPREME COURT OF INDIA] 22-04-2025 Constitution of India, 1950 — Article 142 — Hindu Marriage Act, 1955 — Dissolution of Marriage — Irretrievable Breakdown — Where the marriage between the parties has completely and irrevocably broken down, evidenced by long separation (over a decade), failed reconciliation attempts, absence of marital ties, and no willingness shown by either party to restore the marital bond, the Court, in order to do complete justice and prevent the perpetuation of hardship, can exercise its jurisdiction under India Law Library Docid # 2424913
(403) KANCHHU Vs. PRAKASH CHAND AND OTHER[SUPREME COURT OF INDIA] 22-04-2025 Constitution of India, 1950 — Article 227 — Code of Civil Procedure, 1908 — Order 9 Rule 13 — Supervisory Jurisdiction — Setting Aside Ex Parte Decree — Scope of Interference — The High Court, while exercising its supervisory jurisdiction under Article 227 of the Constitution over orders dismissing an application under Order 9 Rule 13, CPC, is required to examine the correctness and legality of the findings rendered by the lower courts regarding the sufficiency of cause shown by the defendant fo India Law Library Docid # 2424914
(404) THE SUPERINTENDENT OF PRISON AND ANOTHER Vs. VENKATESAN @ SENU @ SRINIVASAN @ BASKARAN @ RADIO @ PRAKASAM[SUPREME COURT OF INDIA] 22-04-2025 Criminal Procedure Code, 1973 — Sections 374(2), 428, 482 — Inherent Powers vs. Specific Remedy — Finality of Orders — The High Court ought not to entertain a petition under Section 482 Cr.P.C. seeking set-off under Section 428 Cr.P.C. when: (i) the specific relief of set-off was considered and rejected by the trial/convicting court; (ii) the said rejection attained finality as it was not challenged via the available statutory remedy of appeal against conviction under Section 374(2) Cr.P.C.; and India Law Library Docid # 2424915
(405) CHELLAMMAL AND ANOTHER Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 22-04-2025 Probation of Offenders Act, 1958 — Section 4 — Criminal Procedure Code, 1973 — Sections 360, 361 — Mandatory Duty of Court to Consider Probation — Where an accused is convicted of an offence not punishable with death or imprisonment for life, and the conditions specified in Section 4(1) of the Probation of Offenders Act, 1958 (regarding the circumstances of the case, nature of the offence, and character of the offender making it expedient to release on probation) are attracted, a mandatory duty India Law Library Docid # 2424916
(406) CENTRAL BUREAU OF INVESTIGATION Vs. RAMESH CHANDER DIWAN[SUPREME COURT OF INDIA] 22-04-2025 Criminal Procedure Code, 1973 — Section 197 —Penal Code, 1860 — Section 21, Twelfth (a) — Protection of Sanction — Public Servant on Deputation — A public servant, appointed by the State Government and holding a civil post, who is subsequently sent on deputation to serve in another organization (such as a Municipal Corporation) on a temporary basis, continues to be a ‘public servant’ within the meaning of Section 21, Twelfth (a) of the IPC and remains covered under the protective umbrella of Sec India Law Library Docid # 2424917
(407) NIDHI BHARGAVA AND OTHERS Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025 Motor Vehicles Act, 1988 — Section 166 — Assessment of Compensation — Loss of Dependency — Income Tax Returns (ITR) — Relevance and Admissibility — In determining the income of a deceased for calculating compensation under the Motor Vehicles Act, 1988, the Income Tax Return (ITR) pertaining to the Financial Year immediately preceding the date of the accident is a legally admissible and reliable statutory document — The relevance of such an ITR stems from the income period it covers (the relevant India Law Library Docid # 2424918
(408) N. VIJAY KUMAR Vs. VISHWANATH RAO N.[SUPREME COURT OF INDIA] 22-04-2025 Negotiable Instruments Act, 1881 — Sections 118(a) & 139 — Presumptions and Rebuttal — Standard of Proof — Sections 118(a) and 139 of the NI Act mandate statutory presumptions that a negotiable instrument was made for consideration and that a cheque was issued for the discharge of a debt or liability, once execution is admitted or proved — These presumptions are rebuttable — The onus lies on the accused to raise a probable defence sufficient to create doubt about the existence of the considerati India Law Library Docid # 2424919
(409) REJI KUMAR ALIAS REJI Vs. STATE OF KERALA[SUPREME COURT OF INDIA] 22-04-2025 Penal Code, 1860 — Sections 302, 376, 201 — Circumstantial Evidence — Proof Beyond Reasonable Doubt — Conviction for multiple murders (wife and four children) and rape (minor daughter) upheld where the prosecution established a complete and unbroken chain of circumstantial evidence, including motive (illicit relationship, suspicion of wife's infidelity), last seen testimony, incriminating conduct of the accused (giving false explanations, planned actions after the crime), and conclusive medical India Law Library Docid # 2424920
(410) MD. FIROZ AHMAD KHALID Vs. THE STATE OF MANIPUR AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025 Wakf Act, 1995 — Section 14(1)(b)(iii) read with Explanation II — Membership of Waqf Board — Muslim Member of Bar Council — Cessation of Membership — Interpretation — The eligibility of a Muslim Member of a State Bar Council to be elected as a Member of the State Waqf Board under Section 14(1)(b)(iii) of the Wakf Act, 1995, is contingent upon their holding the position in the Bar Council — This membership in the Bar Council acts as the requisite qualification — Upon ceasing to be a Member of the India Law Library Docid # 2424921
(411) IN RE: COMPENSATION AMOUNTS DEPOSITED WITH MOTOR ACCIDENT CLAIMS TRIBUNALS AND LABOUR COURTS[SUPREME COURT OF INDIA] 22-04-2025 Motor Vehicles Act, 1988 —Workmen’s Compensation Act, 1923 (now Employees’ Compensation Act) — Unclaimed Compensation Deposits — Judicial Concern and Suo Motu Action — Large sums of compensation amounts, awarded under the Motor Vehicles Act, 1988, and the Workmen’s Compensation Act, 1923, are lying unclaimed with Motor Accident Claims Tribunals (MACTs) and Labour Courts/Commissioners across various states, depriving successful claimants of their rightful dues —ecognizing the gravity of the situa India Law Library Docid # 2424922
(412) ANGADI CHANDRANNA Vs. SHANKAR AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025 Civil Procedure Code, 1908 — Sections 100 & 103 — Second Appeal — Scope of Interference — Substantial Question of Law vs. Finding of Fact — The jurisdiction of the High Court under Section 100 CPC is confined to entertaining appeals involving a substantial question of law, which must be precisely framed — Re-appreciation of evidence or interference with findings of fact recorded by the first appellate court (the final court of fact) is impermissible, unless such findings are shown to be perverse India Law Library Docid # 2424923
(413) BARLA RAM REDDY AND OTHERS Vs. THE STATE OF TELANGANA AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025 Land Acquisition Act, 1894 — Section 23(1) — Market Value — Determination Principles — Sale Exemplars — Market value for land acquisition must be determined as on the date of the Section 4 notification, representing the price a willing, informed buyer would pay to a willing, informed seller in an open market transaction, considering the land’s condition and potentiality — Comparable sale instances are the primary guide, provided they satisfy requirements of being genuine, proximate in time and l India Law Library Docid # 2424924
(414) AEJAZ AHMAD SHEIKH Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 22-04-2025 Criminal Procedure Code, 1973 — Section 313 — Examination of Accused — Failure to Put Incriminating Evidence (Dying Declarations) — Prejudice — Curability and Delay — The failure of the trial court to put material incriminating circumstances appearing in the evidence, specifically dying declarations (whether formally recorded or orally made to witnesses), to the accused during their examination under Section 313 CrPC is a serious irregularity This omission denies the accused an opportunity to e India Law Library Docid # 2424925
(415) THE MANAGING DIRECTOR, KAMINENI HOSPITALS Vs. PEDDI NARAYANA SWAMI AND ANOTHER[SUPREME COURT OF INDIA] 22-04-2025 Consumer Law — Medical Negligence — Concurrent Findings — Scope of Appeal — Where both the State Consumer Disputes Redressal Commission and the National Consumer Disputes Redressal Commission (NCDRC), based on appreciation of evidence and medical records, have returned concurrent findings holding a hospital and its doctor medically negligent, the Supreme Court will generally affirm such findings unless they are shown to be perverse, based on no evidence, or contrary to established legal principl India Law Library Docid # 2424926
(416) RAHAMATHULLA Vs. THE STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025 Constitution of India — Articles 32, 142, 20(2) — Multiple FIRs/Prosecutions arising from Single Speech — Clubbing and Transfer — Where multiple FIRs are registered in different jurisdictions arising out of the very same alleged hate speech/incident, allowing multiple trials and prosecutions would lead to serious anomalies, potential conflicting decisions, and multiplicity of proceedings, which is not expedient in the interest of justice — In such cases, invoking powers under Article 32 read wit India Law Library Docid # 2425196
(417) M/S J N REAL ESTATE Vs. SHAILENDRA PRADHAN AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025 Civil Procedure Code, 1908 — Order 1 Rule 10(2) — Impleadment in Specific Performance Suit — Necessary and Proper Party — A party is considered necessary if no effective decree can be passed in their absence — A party is proper if, though not necessary, their presence enables the court to completely, effectively, and adequately adjudicate upon all matters in dispute in the suit — A court has the discretion under O1 R10(2) to implead a person found to be a India Law Library Docid # 2425290
(418) JAMMU AND KASHMIR NATIONAL PANTHERS PARTY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025 Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982 — Implementation — Non-Notification of Authority — Stay Order: The Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982, despite being enacted in October 1982, was never effectively brought India Law Library Docid # 2425292
(419) S.C. NARANG Vs. STATE (NCT OF DELHI) AND ANOTHER[SUPREME COURT OF INDIA] 22-04-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 75 — Cruelty to Child — Liability of school’s managing committee chairman — Essential ingredient under first part of Section 75 is that accused must have actual charge of, or control over, the victim child — Chairman of the managing committee of a school running classes from KG to 12th standard does not have the actual charge of all the children nor control over every child studying in the school India Law Library Docid # 2425736
(420) B.S YEDDIYURAPPA Vs. A. ALAM PASHA AND OTHERS[SUPREME COURT OF INDIA] 21-04-2025 Prevention of Corruption Act, 1988 — S. 17A — Prior Approval for Investigation — Relevant Considerations — What are the specific factors and criteria that the appropriate authority or government must consider under Section 17A of the PC Act before granting approval for the police to initiate any enquiry, inquiry, or investigation against a public servant concerning acts related to their official functions or duties? India Law Library Docid # 2424851