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(781) HITESH UMESHBHAI MASHRU Vs. THE STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 18-02-2025
Penal Code, 1860 (IPC) — Sections-493 and 376(2)(n) — Anticipatory Bail — Grant of — The Supreme Court may grant anticipatory bail even after the filing of a charge-sheet, considering the peculiar circumstances of the case, without expressing opinion on the merits, to ensure the accused's liberty is protected while maintaining
India Law Library Docid # 2422722

(782) SUBHELAL @ SUSHIL SAHU Vs. THE STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 18-02-2025
Criminal Procedure Code, 1973 — Section 437(6) — Liberal Interpretation of Section 437(6) — Applications under Section 437(6) should be dealt with a liberal approach, prioritizing the accused's right to speedy trial and individual liberty
India Law Library Docid # 2422656

(783) JAIDEEP BOSE Vs. M/S. BID AND HAMMER AUCTIONEERS PRIVATE LIMITED[SUPREME COURT OF INDIA] 18-02-2025
Penal Code, 1860 (IPC) — Sections 499 and 500 — Defamation — In criminal defamation cases under sections 499 and 500 IPC, where the accused resides outside the Magistrate's jurisdiction, mandatory inquiry or investigation under Section 202 CrPC is required before issuing summons — Additionally, specific allegations are necessary to implicate individuals in key media positions (e.g., Editorial Directors), beyond mere oversight of publications — Furthermore, courts may quash proceedings
India Law Library Docid # 2422657

(784) IN RE: POLICY STRATEGY FOR GRANT OF BAIL[SUPREME COURT OF INDIA] 18-02-2025
Constitution of India, 1950 — Articles 14 and 21 — Right to Equality — Fair Treatment in Premature Release — State has a positive duty to consider all eligible convicts for premature release under its policy without requiring an individual application, to ensure fair treatment under Articles 14 and 21 of the Constitution
India Law Library Docid # 2422658

(785) BALAI CHANDRA MONDAL Vs. LAXMIPRIYA DEY AND ANOTHER[SUPREME COURT OF INDIA] 18-02-2025
Negotiable Instruments Act, 1881 —Section 138 —Sentencing Guidelines — Petitioner's sentence for dishonoring a cheque reviewed — Supreme Court directs partial release of deposited fine to respondent and return of remainder to petitioner, emphasizing proportionality of sentence to compensatory objectives of the Act.
India Law Library Docid # 2422729

(786) RAJEEV SURI Vs. ARCHAEOLOGICAL SURVEY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 18-02-2025
Constitutional Law — Protection of Historical Monuments — Writ Jurisdiction — Supreme Court intervenes to safeguard a historical monument, ordering removal of encroachments, transfer of control to governmental authority, and initiation of conservation efforts, highlighting judicial oversight in preserving cultural heritage.
India Law Library Docid # 2422730

(787) DR. POORNIMA ADVANI AND ANOTHER Vs. GOVERNMENT OF NCT AND ANOTHER[SUPREME COURT OF INDIA] 18-02-2025
Constitution of India, 1950 — Article 265 — Stamp Act, 1899 — Section 49(a) — Statutory Interpretation — Courts should interpret statutes practically to cover omitted scenarios, ensuring the law does not become unjust — The court should not deny relief to a person who lost an e-stamp paper simply because the statute doesn't explicitly provide for such cases, to avoid falling foul of Article 14 of the
India Law Library Docid # 2422879

(788) ALL INDIA TEA AND TRADING CO. LTD Vs. INDIAN OIL CORPORATION LTD. AND OTHERS[SUPREME COURT OF INDIA] 18-02-2025
Land Acquisition Act, 1894 — Sections 4 and 18 — Consideration of Exemplars in Land Acquisition — In determining market value for land acquisition, the court should consider exemplars (sale instances) that accurately reflect the acquired land's characteristics, with preference for similar land types — Using dissimilar land types as exemplars may lead to inaccurate market
India Law Library Docid # 2422801

(789) LOKESH KUMAR Vs. STATE OF CHHATTISGARH AND ANOTHER[SUPREME COURT OF INDIA] 18-02-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 24 — Removal of disqualification on the findings of an offence — Principle of Fresh Start — A child who has been dealt with under the provisions of this Act shall not suffer disqualification attached to a conviction of an offence under any other law — This provision aims to rehabilitate and reintegrate juveniles into society, free from the stigma of their past conflicts with law — Disclosure of juvenile conviction in an offic
India Law Library Docid # 2427239

(790) ABHISHEK MISHRA Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Jurisdiction under Section 482 — Merely Filing a Charge-Sheet Not a Bar — The Supreme Court reiterates that the filing of a charge-sheet does not preclude the High Court from exercising its jurisdiction under Section 482 of the Cr.P.C. to quash proceedings.
India Law Library Docid # 2422724

(791) JAGDISH CHAND MEMORIAL TRUST Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 17-02-2025
No Objection Certificate (NOC) — Withdrawal of a No Objection Certificate (NOC) for an Ayurvedic Medical College and Hospital — The court dismissed the appeal, asserting that the NOC was issued without adhering to the mandatory Rules of Business, which require the Council of Ministers' approval for policy decisions affecting the state — Consequently, the court determined that the appellant could not claim an irrefutable right based on an invalidly issued grant, nor could they invoke promissory e
India Law Library Docid # 2422600

(792) STATE OF PUNJAB AND OTHERS Vs. TRISHALA ALLOYS PVT. LTD.[SUPREME COURT OF INDIA] 17-02-2025
Punjab Value Added Tax Rules, 2005 — Rule 21(8) — Rule reducing input tax credit for existing stock cannot be applied retrospectively without explicit statutory authority, as it infringes upon taxpayers' vested rights, emphasizing that tax laws apply as per the relevant assessment year unless otherwise specified, and statutory amendments affecting vested rights require clear legislative intent, as evident in the court's holding that Rule 21(8), lacking prior statutory authority, cannot diminish
India Law Library Docid # 2422601

(793) JATINDER KUMAR SAPRA Vs. ANUPAMA SAPRA[SUPREME COURT OF INDIA] 17-02-2025
Finality of Lump Sum Permanent Alimony in Divorce Decrees — A lump sum permanent alimony award in a divorce decree, as granted by the Supreme Court, constitutes a full and final settlement of all claims, including maintenance obligations thereby closing all pending maintenance cases between the parties, with no scope for further claims or inclusion of arrears from previous maintenance orders.
India Law Library Docid # 2422602

(794) KRISHNA AND OTHERS Vs. SANJAY KUMAR AND OTHERS[SUPREME COURT OF INDIA] 17-02-2025
Motor Accident Claims — Determining Monthly Income in Motor Accident Claims— In assessing monthly income for compensation, the court shall consider the last drawn salary and/or income from all sources, as reflected in reliable documents (e.g., National Insurance Co. Ltd. vs. Pranay Sethi (2017) 16 SCC 680) — In this case, the Supreme Court fixed the monthly income at Rs. 31,103/- based on reliable documentation
India Law Library Docid # 2422646

(795) JAKARIA MONDAL @ JAKAI @ JIKAI Vs. THE NATIONAL INSURANCE CO.LTD. AND ANOTHER[SUPREME COURT OF INDIA] 17-02-2025
Motor Accident Claims — Just Compensation —The Supreme Court mandates just and fair compensation for motor accident victims, emphasizing precise calculations for income, disability, and attendant charges.

B. Motor Vehicles Act, 1988 — Evidence-Based Income Assessment — In absence of evidence, minimum wages serve as the basis for calculating compensation in motor accident cases.
India Law Library Docid # 2422655

(796) STATE OF KARNATAKA Vs. T.N. SUDHAKAR REDDY[SUPREME COURT OF INDIA] 17-02-2025
Prevention of Corruption Act, 1988 — Sections 13(1)(b), 12, 13(2) and 17 — Preliminary Inquiry not Mandatory — A preliminary inquiry is not mandatory before directing the registration of an FIR in cases under the Prevention of Corruption Act (PC Act) —The source information report can serve as a preliminary inquiry in itself, especially if it prima facie discloses the commission of a cognizable offense
India Law Library Docid # 2422748

(797) THE STATE OF UTTAR PRADESH AND OTHERS Vs. PRATYUSH RAWAT AND OTHERS[SUPREME COURT OF INDIA] 17-02-2025
A High Court cannot modify its order after the Supreme Court has stayed it, and must await the Supreme Court's final decision, lest it overreach the higher court's jurisdiction — The Supreme Court set aside a High Court order that had restrained the implementation of a tender for food supplies, finding the order to be unreasoned and an overreach of the court's jurisdiction after the Supreme Court had stayed the order.
India Law Library Docid # 2422825

(798) UDHAW SINGH Vs. ENFORCEMENT DIRECTORATE[SUPREME COURT OF INDIA] 17-02-2025
Prevention of Money Laundering Act, 2002 — Section 45(1)(ii) — Constitution of India, 1950 — Article 21 — Constitutional Courts may grant bail in PMLA cases if trial is likely to exceed reasonable time, overriding Section 45(1)(ii)'s stringent bail conditions, to protect the accused's right to a speedy trial under Article 21 of the Constitution
India Law Library Docid # 2422684

(799) SHANTI AND OTHERS Vs. NATIONAL INSURANCE COMPANY[SUPREME COURT OF INDIA] 17-02-2025
Employee’s Compensation Act 1923 — Section 4A(3) — Interest payable following a default by the employer in making provisional compensation payments — The Insurance Company argues it should not be liable for additional interest due to the employer's default — However, the court holds that the Act mandates a 12% simple interest rate for such defaults, with a discretionary higher rate not exceeding scheduled bank lending rates — The court modifies the award to apply 12% interest from the date of
India Law Library Docid # 2422598

(800) WESTERN COAL FIELDS LTD. Vs. MANOHAR GOVINDA FULZELE[SUPREME COURT OF INDIA] 17-02-2025
Payment of Gratuity Act, 1972 — Section 4(5) and 4(6)(b)(ii) — Forfeiture of gratuity is permissible if the employee's misconduct constitutes an offence involving moral turpitude, even without a criminal conviction, provided the Disciplinary Authority decides that the misconduct could, in normal circumstances, constitute such an offence — The Court distinguished between the standards of proof in criminal and disciplinary proceedings
India Law Library Docid # 2422599