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(801) BALKAR SINGH Vs. UT OF JAMMU AND KASHMIR AND OTHERS[SUPREME COURT OF INDIA] 17-02-2025
Administrative instructions on court proceedings cannot override judicial discretion to consider relevant judgments, even if not circulated in advance — The Supreme Court set aside a High Court order dismissing an intra-court appeal due to non-compliance with administrative instructions regarding the circulation of judgments — The Court held that such instructions should not deprive a litigant of the opportunity to cite relevant judgments.
India Law Library Docid # 2422813

(802) RAMESH MISHRIMAL JAIN Vs. AVINASH VISHWANATH PATNE AND ANOTHER [SUPREME COURT OF INDIA] 14-02-2025
Bombay Stamp Act, 1958 — Explanation I to Article 25 — An agreement to sell immovable property is liable for stamp duty as a deemed conveyance (under Explanation I, Article 25, Bombay Stamp Act, 1958) if it involves implied or symbolic transfer of possession (including change from tenant to owner), with stamp duty levied on the instrument (agreement), not the transaction (sale), reflecting the legislature's intent to realize revenue at the earliest point
India Law Library Docid # 2422540

(803) M/S. B N PADMANABHAIAH AND SONS Vs. R N NADIGAR AND OTHERS [SUPREME COURT OF INDIA] 14-02-2025
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 8 — Suit Maintainability in Representative Capacity — A suit filed under Order 1, Rule 8 of the CPC in representative capacity requires the plaintiffs to have locus standi and a direct stake in the subject matter — The Supreme Court held that the plaintiffs, being former students and ratepayers, lacked sufficient interest in the property to maintain the suit in representative capacity — The Court emphasized
India Law Library Docid # 2422541

(804) M/S. ABCI INFRASTRUCTURES PVT. LTD. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-02-2025
Tender — Bid security amount — System Error/Typographical mistake — Penalty — The Appellant participated in a BRO tender for a Rs. 1,504.64 crore project, mistakenly bidding Rs. 1,569 due to a "system error" — They promptly notified BRO the next day, but BRO declared them a defaulter and invoked the Rs. 15.04 crore bank guarantee — The Appellant argued the mistake was unintentional and promptly corrected, while BRO stressed strict adherence to bidding rules — The Court balanced fairness and acco
India Law Library Docid # 2422542

(805) PUJA FERRO ALLOYS PRIVATE LIMITED AND OTHERS Vs. STATE OF GOA AND OTHERS [SUPREME COURT OF INDIA] 14-02-2025
Goa (Prohibition of Further Payments and Recovery of Rebate Benefits) Act, 2002— Electricity Act, 1910 — Sections 23 and 51A — The appellants Industrial companies sought a 25% electricity tariff rebate under a 1991 Goa notification, rescinded in 1995 — They claimed benefits based on later notifications, but the State of Goa (SoG) issued demand notices to recover the rebate, leading to litigation — The key issue was whether the appellants were entitled to the rebate under the 1991 notification an
India Law Library Docid # 2422543

(806) MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. MAHADEO KRISHNA NAIK [SUPREME COURT OF INDIA] 14-02-2025
Service Law — Dismissal — Backwages — The Maharashtra State Road Transport Corporation appealed a High Court order that overturned the dismissal of respondent-bus driver who was fired after a 1996 fatal accident involving a lorry colliding with his bus. The Labour Court upheld his dismissal, but the High Court reversed it after respondent presented evidence from a Motor Accidents Claims Tribunal (MACT) where the Corporation blamed the lorry driver — The Supreme Court examined whether the Corpora
India Law Library Docid # 2422544

(807) VARSHA DEVI ALIAS VARSHA SHUKLA Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 14-02-2025
Penal Code, 1860 — Section 498A — Malicious Intent in Filing the Complaint — Supreme Court quashed a complaint alleging a second marriage and child birth by the appellant-wife, finding it malicious with no credible evidence — The issues revolved around the absence of substantiating evidence and the abuse of legal process through multiple frivolous proceedings — The court concluded that the complaint lacked merit and was an abuse of process, thereby dismissing the appeal and closing the case, uph
India Law Library Docid # 2422610

(808) SAHAKARMAHARSHI BHAUSAHEB THORAT SAHAKARI SAKHAR KARKHANA LTD. Vs. THYSSEN KRUPP INDUSTRIES INDIA PVT. LTD. [SUPREME COURT OF INDIA] 14-02-2025
Contract Act, 1872 — Section 74 — Breach of Contract — The appellant and respondent agreed for the respondent to supply machinery for a continuous fermentation process, guaranteeing a minimum yield of 280 litres of alcohol per metric tonne of molasses — Due to delays and unsatisfactory performance, the appellant sought Rs. 68.15 lakhs in damages for losses, claiming the machinery failed to meet performance standards — The respondent argued that the claim was essentially a refund, which was not a
India Law Library Docid # 2422545

(809) VINOD @ NASMULLA Vs. THE STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 14-02-2025
Penal Code, 1860 — Sections 395 and 397 — Arms Act, 1959 — Section 25 —Dacoity — Appeal against Conviction — The charges arose from a 1993 bus dacoity where passengers were robbed — The appellant, identified as one of the dacoits, was arrested with a country-made pistol — Key issues included the reliability of dock identification by a witness, the validity of the arrest and pistol recovery, and whether the prosecution proved the appellant's guilt beyond a reasonable doubt — The Test Identificati
India Law Library Docid # 2422546

(810) TAPAS KUMAR PALIT Vs. STATE OF CHHATTISGARH [SUPREME COURT OF INDIA] 14-02-2025
Unlawful Activities Prevention Act, 1967 — Sections 10, 13, 17, 38(1)(2), 40, 22-A and 22-C — Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 — Sections 8(2), (3) and (5) —Penal Code, 1860 — Sections 120B, 201 and 149 read with 34 — Appeal against a High Court's bail denial — Involvement alleged Naxalite-linked — The Supreme Court granted bail, citing prolonged pre-trial detention, slow trial progress, and hostile panch witnesses — Despite the serious charges, the court emphasized the right
India Law Library Docid # 2422547

(811) MUKUND CHOUDHARY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 14-02-2025
Insolvency and Bankruptcy Code, 2016 — Section 101 — Constitutional validity — The Supreme Court has upheld the constitutional validity of Section 101 which imposes a 180-day outer limit for the operation of moratorium, distinguishing its application and purpose in individual insolvency cases (focused on individual debt resolution) from
India Law Library Docid # 2422648

(812) STATE BANK OF INDIA ASSISTANT MANAGER Vs. INDIA POWER CORPORATION LIMITED[SUPREME COURT OF INDIA] 14-02-2025
IBC Proceedings — Filing of Additional Documents — There is no express provision in the Insolvency and Bankruptcy Code, 2016 (IBC) that prohibits or sets a time-limit for filing additional documents in a Section 7 application — Additional documents can be filed until a final order is passed in a Section 7 application, subject to the adjudicating authority's discretion in cases of inordinate delay. (Para 7, citing Dena Bank vs. C. Shivakumar Reddy (2021) 10 SCC 330)
India Law Library Docid # 2422650

(813) 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

(814) 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

(815) 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

(816) 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

(817) 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

(818) 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

(819) 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

(820) 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