(701) ASHOK LEYLAND LTD. Vs. SOLAPUR MUNICIPAL TRANSPORT UNDERTAKING AND ANOTHER[SUPREME COURT OF INDIA] 14-02-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Observations in an interim order under Section 34 should not prejudice the final decision on appeal, which must be decided on its own merits, in accordance with law — The Supreme Court disposed of a special leave petition, clarifying that observations made by the High Court in a Section 34 appeal under the Arbitration Act should not influence the appeal's decision, which must be based on its own merits. India Law Library Docid # 2422824
(702) VIVEK KUMAR GAURAV Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 14-02-2025 Limitations of Judicial Review over Legislative Enactments — In writ jurisdiction, courts (High Court or Supreme Court) cannot direct the legislature to enact a law in a particular manner, as this falls outside the scope of judicial review — Courts must respect the separation of powers, refraining from interfering with the legislative process, especially when a new enactment is introduced after considering various aspects. India Law Library Docid # 2422690
(703) JSW STEEL LTD. Vs. THE BOARD OF TRUSTEES OF THE MUMBAI PORT TRUST MUMBAI AND OTHERS[SUPREME COURT OF INDIA] 14-02-2025 Constitutional Law — Article 226 — Writ Jurisdiction — Lapse of Time — Supreme Court revives 1996 writ petition regarding liability under the Indian Ports Act, 1908, holding that passage of time does not render a petition infructuous when a pure question of law is involved, and directs High Court to adjudicate on merits. India Law Library Docid # 2422731
(704) M/S. TOMORROWLAND LIMITED Vs. HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 13-02-2025 Reciprocal Contractual Obligations — Breach of — Appellant was allotted a 99-year lease for a 5-star hotel site by HUDCO-Respondent No. 1 in 1994, with specified payment schedules and reciprocal obligations, leading to a dispute over HUDCO's alleged breach, prompting litigation (First Suit in 1996, allotment cancellation, and Second Suit in 1997) — Was HUDCO in breach of its reciprocal contractual obligations? — Appellant argues that HUDCO breached contractual India Law Library Docid # 2422485
(705) P. RAMMOHAN RAO Vs. K. SRINIVAS AND OTHER ETC[SUPREME COURT OF INDIA] 13-02-2025 Administrative Law — Functus Officio in Administration — The doctrine of functus officio does not apply to administrative decision-making, allowing the State to modify prior policy decisions. India Law Library Docid # 2422486
(706) CMJ FOUNDATION AND OTHERS Vs. STATE OF MEGHALAYA AND OTHERS[SUPREME COURT OF INDIA] 13-02-2025 UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 — Academic Governance — Universities must adhere to statutory regulations and maintain standards to avoid dissolution. India Law Library Docid # 2422487
(707) CHIEF MANAGER OF RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. HANEEF KHAN [SUPREME COURT OF INDIA] 13-02-2025 Service Law — Back Wages and Continuity of Service — Granting 50% back wages is justified when an employee seeks compensation for a period of non-service, as full back wages for the entire period would be unjust when the employee did not perform duties for an extended duration (nearly ten years in this case) India Law Library Docid # 2422723
(708) DIRECTOR MARKETING OF AGRICULTURAL AND OTHERS Vs. D. KHASIM SAHEB[SUPREME COURT OF INDIA] 13-02-2025 Service Law — Dismissal — Acquittal of an employee in a criminal case for embezzlement does not automatically mandate their reinstatement in a departmental proceeding where they have been found guilty and dismissed based on separate, thorough evidence and a departmental probe — The Court clarified that departmental and criminal proceedings operate under different standards of proof and legal burdens, and a criminal acquittal India Law Library Docid # 2422607
(709) KAMALKISHOR SHRIGOPAL TAPARIA Vs. INDIA ENER-GEN PRIVATE LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 13-02-2025 Negotiable Instruments Act, 1881 — Sections 138 and 141 — Vicarious Liability —A mere designation as a director does not conclusively establish liability — Liability is contingent upon specific allegations demonstrating the director’s active involvement in the company’s affairs at the relevant time India Law Library Docid # 2422548
(710) THE STATE OF MADHYA PRADESH Vs. GIRISH KUMAR[SUPREME COURT OF INDIA] 13-02-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Appeal against Acquittal — The Supreme Court sets aside the High Court's acquittal order in a murder case due to inadequate re-appreciation of evidence, remitting the matter for fresh consideration within 3 months, and directs the respondent to furnish a fresh bail bond — The Court reiterates the High Court's duty to independently re-evaluate all evidence in appeals against conviction (State of Gujarat vs. Bhalchandra Laxmishankar Dave (2021 India Law Library Docid # 2422647
(711) VALSAMMA CHACKO AND ANOTHER Vs. M.A. TITTO AND OTHERS[SUPREME COURT OF INDIA] 13-02-2025 Motor Vehicles Act, 1988 — Section 163A — Re-examining the Scope of Section 163A — The Supreme Court, while bound by a previous three-judge bench decision in Deepal Girishbhai Soni, expressed difficulties with the ruling and referred the matter to the Chief Justice for re-consideration by another three-judge bench, questioning whether claimants should be barred from seeking compensation under Section 163A if their claim under Section 166 fails due to the accident being caused by their own driver India Law Library Docid # 2422644
(712) THE UNION OF INDIA THROUGH THE ASSISTANT DIRECTOR Vs. KANHAIYA PRASAD[SUPREME COURT OF INDIA] 13-02-2025 Prevention of Money Laundering Act, 2002 — Section 45 — Bail under PMLA — The provisions of Section 45 have an overriding effect on the general provisions of the Code of Criminal Procedure, 1973, in case of conflict between them. India Law Library Docid # 2422488
(713) AMIT SRIVASTAVA Vs. DR.SAHADEVA SINGH AND ANOTHER[SUPREME COURT OF INDIA] 13-02-2025 Penal Code, 1860 (IPC) — Sections 323 and 352 — Bail — Cancellation of bail requires specific grounds, such as violation of bail conditions, influence on witnesses, or tampering with evidence, and cannot be based on a mini-trial of the case's merits — The Supreme Court set aside a High Court order cancelling the bail of an accused, finding no valid reasons for cancellation, as there were no allegations of bail conditions being violated, witnesses being influenced, or evidence being tampered with India Law Library Docid # 2422821
(714) VINOD KUMAR Vs. STATE (GOVT. OF NCT OF DELHI)[SUPREME COURT OF INDIA] 13-02-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial Evidence — In a case based on circumstantial evidence, all circumstances must be fully established to draw a conclusion of guilt, with no ground for an alternative conclusion of innocence. India Law Library Docid # 2422489
(715) K. KRISHNAMURTHY Vs. THE DEPUTY COMMISSIONER OF INCOME TAX[SUPREME COURT OF INDIA] 13-02-2025 Income Tax Act, 1961 — Section 271AAA — Interpretation of — The imposition of penalty under Section 271AAA(1) is not mandatory, and the Assessing Officer has the discretion to levy penalty, which must be guided by law and not arbitrary. India Law Library Docid # 2422490
(716) VIPIN KUMAR Vs. STATE OF U.P.[SUPREME COURT OF INDIA] 13-02-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 437 and 439 — Right to File Fresh Bail Application — Supreme Court has established that an accused has the right to file a fresh bail application, even after an earlier application has been rejected or canceled, provided there is no explicit prohibition by a higher court against doing so — This right is contingent upon the accused demonstrating a change in circumstances, thereby warranting a reevaluation on merits — Lower courts are guided to focus India Law Library Docid # 2422579
(717) ARVIND KUMAR ARORA Vs. THE MANAGEMENT, MOTHER DAIRY[SUPREME COURT OF INDIA] 13-02-2025 Service Law — Disciplinary proceeding — An acquittal in a criminal case, based on the same allegations as a disciplinary proceeding, can justify a more lenient disciplinary action, such as reinstatement without back wages, where it casts significant doubt on the employee's misconduct. India Law Library Docid # 2423005
(718) RAMESH A. NAIKA Vs. THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA ETC.[SUPREME COURT OF INDIA] 13-02-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Death Penalty — Death Sentence Commuted to Life Imprisonment — The Supreme Court commutes the death sentence of the appellant to life imprisonment without remission, considering the lack of criminal antecedents, good relations with the deceased, and non-consideration of all mitigating circumstances by the Trial Court India Law Library Docid # 2423044
(719) M/S TARAPORE AND CO. Vs. UNITED INDIA INSURANCE COMPANY LIMITED [SUPREME COURT OF INDIA] 12-02-2025 Insurance Policy Terms and Conditions —Ambiguous Address Specification — The policy specified the insured's address, implying coverage only for accidents occurring within those premises, which was deemed impractical for a heavy-duty crane intended for construction sites, highlighting the need for clearer policy terms India Law Library Docid # 2422725
(720) BANKAT SWAMI TRUST AND OTHERS Vs. DAIWAN(DEAD) BY LRS. AND OTHERS[SUPREME COURT OF INDIA] 12-02-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — When a High Court identifies a necessity for factual determination in a Second Appeal, it should not remit the case back to the Trial Court but instead proceed to decide the appeal on its own merits after making the requisite factual findings — The Court emphasized the importance of High Courts exercising their appellate jurisdiction effectively and not unduly delegating their decision-making authority to lower courts, particularly India Law Library Docid # 2422605