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(581) M.S. NAGABHUSHAN Vs. D.S. NAGARAJA[SUPREME COURT OF INDIA] 04-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonor of Cheque — A conviction under Section 138 of the NI Act is not sustainable when the cheque amount includes a security deposit, and the accused is entitled to deduct legitimate claims, rendering the debt not entirely enforceable against him.
India Law Library Docid # 2423102

(582) K. S. MEHTA Vs. M/S MORGAN SECURITIES AND CREDITS PVT. LTD.[SUPREME COURT OF INDIA] 04-03-2025
Negotiable Instruments Act, 1881 — Sections 138 and 141 — Non-executive and independent directors of a company cannot be held vicariously liable under Section 138 read with Section 141 of the NI Act without specific allegations demonstrating their direct involvement in the company's affairs at the relevant time.
India Law Library Docid # 2423103

(583) SARANGA ANILKUMAR AGGARWAL Vs. BHAVESH DHIRAJLAL SHETH AND ORS.[SUPREME COURT OF INDIA] 04-03-2025
Consumer Protection Act, 1986 — Section 27 — Insolvency and Bankruptcy Code, 2016 — Sections 94 and 96 — The moratorium under Section 96 of the IBC does not extend to regulatory penalties for non-compliance with consumer protection laws, as these penalties serve a regulatory function and do not constitute “debt” under the IBC.
India Law Library Docid # 2423104

(584) MUKESH PRASAD SINGH Vs. THE THEN RAJENDRA AGRICULTURAL UNIVERSITY (NOW DR. RAJENDRA PRASAD CENTRAL AGRICULTURAL UNIVERSITY) AND OTHERS[SUPREME COURT OF INDIA] 04-03-2025
Rajendra Agricultural University Statutes, 1976 — Section 35 — Non-exercise of option to opt into the Contributory Provident Fund scheme, as per the University Statute and Office Order, automatically entitles an employee to be included in the General Provident Fund-cum-pension-cum-gratuity scheme.
India Law Library Docid # 2423105

(585) C PRABHAKAR RAO AND ANOTHER Vs. SAMA MAHIPAL REDDY AND ANOTHER[SUPREME COURT OF INDIA] 04-03-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 —Limitation Act, 1963 — Section 5 — A High Court, in revision, cannot set aside an ex-parte decree without considering the merits of the application for setting it aside, when the revision petition only challenges the Trial Court's order refusing to condone the delay in filing the application.
India Law Library Docid # 2423106

(586) KARANDEEP SHARMA @ RAZIA @ RAJU Vs. STATE OF UTTARAKHAND[SUPREME COURT OF INDIA] 04-03-2025
Criminal Law — Fair Trial — Article 21 Constitution of India — Procedural Lapses — A criminal trial conducted with undue haste, where the accused is not provided timely copies of prosecution documents, is compelled to face charge framing on the same day documents are supplied, lacks legal representation initially, and subsequently appointed legal aid counsel are given insufficient time to prepare and cross-examine witnesses due to rapid conclusion of evidence, vitiates the trial process
India Law Library Docid # 2424252

(587) C. KAMALAKKANNAN Vs. STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE C.B.C.I.D., CHENNAI[SUPREME COURT OF INDIA] 03-03-2025
Evidence Act, 1872 — Section 45 — Insufficiency of Evidence — The Supreme Court sets aside the conviction of the appellant due to the prosecution's failure to prove the existence of a disputed postal cover, a crucial piece of evidence in a case involving forgery and conspiracy.
India Law Library Docid # 2423038

(588) K. RAMASAMY Vs. R. NALLAMMAL AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — The Supreme Court sets aside the High Court's order condoning a delay of 1312 days in setting aside an ex-parte decree, finding no satisfactory explanation for the delay
India Law Library Docid # 2423039

(589) RAJNISH SINGH @ SONI Vs. STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 — Sections 313, 376, 384, 323, 504, and 506 — The appellant was accused of raping the complainant, Ms. A, over a period of 16 years under the false promise of marriage — The High Court dismissed the appellant's petition to quash the criminal proceedings against him —The Supreme Court allowed the appeal, quashing the High Court order and the consequent FIR and proceedings against the appellant
India Law Library Docid # 2423040

(590) SHABEEN AHMAD Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 (IPC) — Sections 498A and 304B — Dowry Death — Cancellation of Bail — The Supreme Court sets aside the bail granted to the father-in-law and mother-in-law, accused of demanding dowry and abetting the death of their daughter-in-law, citing the gravity of the offense and the need for stricter scrutiny in dowry-related cases
India Law Library Docid # 2423041

(591) THE STATE OF GOA AND ANOTHER Vs. NAMITA TRIPATHI[SUPREME COURT OF INDIA] 03-03-2025
Factories Act, 1948 — Sections 2(k), 2(m), 6, 7, 7A, 7B, 8, 9, 11-19, 21-23, 38, 40, 40A, 51-59, 61-73, 92, and 93 — The State of Goa filed a complaint for violating the Factories Act, 1948, by operating a laundry service without compliance with the Act's provisions — The Supreme Court allowed the State's appeal, setting aside the High Court's order quashing the complaint, and held that the laundry business constitutes a "manufacturing process" under the Factories Act, 1948 — The Supreme Court i
India Law Library Docid # 2423042

(592) SHARMILA VELAMUR Vs. V. SANJAY AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Custody Dispute involving a Person with Intellectual Disability — The Supreme Court adjudicates a complex custody dispute involving a 22-year-old US citizen with Ataxic Cerebral Palsy and intellectual disability, balancing the principles of best interests and welfare of the person with the need for parental involvement.
India Law Library Docid # 2423043

(593) IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES[SUPREME COURT OF INDIA] 03-03-2025
Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Sections 2 and 3 —Disability Rights and Non-Discrimination — The RPwD Act embodies the principles of non-discrimination and equality for persons with disabilities — The Act's provisions, including Section 2 (definition of “barrier” and “discrimination”) and Section 3 (equality and non-discrimination), ensure that individuals with disabilities have equal access to opportunities and are protected from discrimination.
India Law Library Docid # 2423047

(594) DEVINDER KUMAR BANSAL Vs. THE STATE OF PUNJAB[SUPREME COURT OF INDIA] 03-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Prevention of Corruption Act, 1988 — Sections 7 and 13 — Illegal Gratification — Anticipatory bail in cases of corruption under the Prevention of Corruption Act, 1988, should only be granted in exceptional circumstances, considering the seriousness of the offense and the need to hold public servants accountable for undermining trust in public institutions
India Law Library Docid # 2423107

(595) V. RAVIKUMAR Vs. S. KUMAR[SUPREME COURT OF INDIA] 03-03-2025
Power of Attorney — Cancellation of — The Supreme Court held that the cancellation of a power of attorney does not affect prior conveyances made under the valid power conferred — The Court clarified that the limitation period for challenging such conveyances cannot commence from the date of cancellation of the power of attorney, especially when the power of attorney was executed over a decade prior and no contention of fraud, coercion, or lack of authority to
India Law Library Docid # 2423289

(596) R. MADHAVAN PILLAI Vs. RAJENDRAN UNNITHAN. S AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Constitutional Powers — High Courts — Limits of Judicial Discretion — No power to direct Enforcement Directorate to register Enforcement Case Information Report (ECIR) without substantial grounds
India Law Library Docid # 2423296

(597) THE STATE OF ORISSA Vs. BHAGABAN MOHANTY (DEAD) THROUGH LRS[SUPREME COURT OF INDIA] 03-03-2025
Administrative Tribunals Act, 1985 — Section 19 — A belated representation on a stale matter does not revive a time-barred claim, and limitation should be considered based on the original cause of action — Supreme Court allowed the appeal, setting aside the High Court and Tribunal orders, holding that an original application filed under Section 19, eighteen years after the termination of service, was hopelessly barred by limitation and that a subsequent representation and its rejection did not p
India Law Library Docid # 2423453

(598) JAMSER ALI AND ANOTHER Vs. STATE OF WEST BENGAL[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 (IPC) — Sections 320, 325 and 326 — If there is doubt about whether the weapons used are "dangerous weapons" under Section 326 IPC, conviction under this section is unsustainable, and conviction under Section 325 IPC may be appropriate if grievous hurt as defined under Section 320 IPC is caused — Supreme Court altered the High Court's conviction under Section 326 IPC to Section 325 IPC, finding doubt as to whether bamboo sticks and a wooden log were "dangerous weapons," but not
India Law Library Docid # 2423454

(599) MAHALINGAM Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 03-03-2025
Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Section 5 — Penal Code, 1860 (IPC) — Section 324 — Supreme Court can modify the sentence imposed by the High Court, considering the proviso to Section 5 of the Act, 1992 and Section 324 IPC, and ensure the fine amount is commensurate with the sentence —Supreme Court partly allowed a criminal appeal, reducing the sentence to the period already served but increasing the fine to be paid to the injured victims.
India Law Library Docid # 2423457

(600) TARUN KUMAR MAJHI Vs. THE STATE OF WEST BENGAL[SUPREME COURT OF INDIA] 03-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Criminal Procedure Code, 1973 (CrPC) — Seized vehicles under the NDPS Act can be released on an interim basis, and unconditional release may be warranted for non-accused owners upon furnishing a reasonable surety bond reflecting the vehicle's current value, without restrictions on sale or transfer.
India Law Library Docid # 2423602