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(861) NARCOTIC CONTROL BUREAU Vs. LAKHWINDER SINGH[SUPREME COURT OF INDIA] 29-01-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — In appeals against conviction under the NDPS Act, the Appellate Court is not constrained by a rigid rule requiring a convict to undergo half of their substantive sentence before being eligible for bail; instead, the Court can exercise its discretion to grant bail if the convict has served a substantial part of their sentence and their appeal is unlikely to be heard before completion of the sentence, to prevent violation of Article 21 rights.
India Law Library Docid # 2422411

(862) HITESH VERMA Vs. M/S HEALTH CARE AT HOME INDIA PVT. LTD. AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Negotiable Instruments Act, 1881 — Sections 138 and 141— Dishonour of Cheque — Person who is not a signatory to a cheque cannot be held liable under Section 138, unless the case falls under the purview of Section 141 of the same Act — The Court emphasized that for liability to be established under Section 141, it must be explicitly stated in the complaint that the person was in charge of and responsible for the company's business at the time the offense was committed — In this case, the appellan
India Law Library Docid # 2422291

(863) AJAY MALIK Vs. STATE OF UTTARAKHAND AND ANOTHER[SUPREME COURT OF INDIA] 29-01-2025
Penal Code, 1860 (IPC) — Sections 343 and 370 — Wrongful Confinement, Human trafficking and Criminal conspiracy — Quashing of Criminal Proceedings — Lack of Prima Facie Evidence against appellant, High Court, under Section 482 of the CrPC, may intervene to prevent abuse of court processes when there is no prima facie case made out — The court scrutinized the evidence, including the FIR, witness statements, and affidavits, to determine
India Law Library Docid # 2422087

(864) MAHABIR AND OTHERS Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 29-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 401(3) — Penal Code, 1860 (IPC) — Section 302 — Murder — Reversal of Acquittal — High Court cannot convert a finding of acquittal into a conviction in its revisional jurisdiction — Section 401(3) of the CrPC explicitly prohibits this — This reinforces the finality of acquittals and establishes that the revisional jurisdiction is not an avenue for the High Court to act as a court of appeal — The only recourse for a High Court in such cases is to orde
India Law Library Docid # 2422089

(865) H. ANJANAPPA AND OTHERS Vs. A. PRABHAKAR AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Transfer of Property Act, 1882 — Section 52 — Leave to Appeal for Non-Parties — A person who is not a party to a decree or order may, with the leave of the court, file an appeal if they are bound by the decree, aggrieved by it, or otherwise prejudicially affected — The rejection of an impleadment application does not automatically disqualify a party from seeking leave to appeal
India Law Library Docid # 2422090

(866) S. VISHNU GANGA AND OTHERS Vs. M/S ORIENTAL INSURANCE COMPANY LIMITED REP. BY ITS DIVISIONAL MANAGER AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Motor Accident Claims — Income Determination — The court clarified that Income Tax Returns are reliable evidence to assess the income of a deceased person.
India Law Library Docid # 2422091

(867) KRISHNADATT AWASTHY Vs. STATE OF M.P AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Selection of Shiksha Karmis (school teachers) — Strict Adherence to Audi Alteram Partem — The court established that a decision made without providing the affected parties a fair opportunity to be heard is invalid — The court held that the initial decision by the Collector to set aside the appointments was flawed because it was made without giving the selected candidates a notice or an opportunity to present their case, which is a violation of natural justice —
India Law Library Docid # 2422092

(868) VINOBHAI Vs. STATE OF KERALA[SUPREME COURT OF INDIA] 29-01-2025
Penal Code, 1860 — Section 302 — Murder — Evidence Act, 1872 — Section 27 — Acquittal — Conviction of the appellant for murder was overturned due to unreliable eyewitness testimony — The Supreme Court determined that the evidence presented by the prosecution, particularly the testimony of two eyewitnesses was not credible enough to prove the appellant's guilt beyond a reasonable doubt
India Law Library Docid # 2422058

(869) INDEPENDENT SUGAR CORPORATION LTD. Vs. GIRISH SRIRAM JUNEJA AND OTHERS [SUPREME COURT OF INDIA] 29-01-2025
Insolvency and Bankruptcy Code, 2016 — Section 31(4) — Mandatory Prior Approval — The central holding of the court is that the proviso to Section 31(4) of the IBC mandates that CCI approval for a combination must be obtained prior to the approval of a resolution plan by the Committee of Creditors (CoC) — The court interprets the word "prior" literally, meaning the CCI approval must precede the CoC's approval — This is a key point of departure from the NCLAT's
India Law Library Docid # 2422136

(870) DR. TANVI BEHL Vs. SHREY GOEL AND OTHERS [SUPREME COURT OF INDIA] 29-01-2025
Education Law — Residence-based reservations in PG Medical courses — Invalidity of Residence-Based Reservation — The court explicitly states that providing for domicile or residence-based reservation in PG Medical Courses is unconstitutional and cannot be done.
India Law Library Docid # 2422137

(871) AJAI KUMAR CHAUHAN Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 29-01-2025
Penal Code, 1860 (IPC) — Sections 300, 302 and 304 — Murder — Sudden provocation — Alteration of Conviction from Section 302 to 301 Part I Exception 4 of Section 300 — The Court finds that while there is evidence of an altercation, the prosecution has failed to prove premeditation, and the incident likely occurred in the heat of passion due to sudden provocation, warranting the lesser charge — Considering the appellant has already served over ten years in prison, including remission, the
India Law Library Docid # 2422258

(872) K. GOPALAKRISHNA PILLAI Vs. SHEEJA AND ANOTHER[SUPREME COURT OF INDIA] 29-01-2025
Agreement to Sell — The petitioner entered a 1993 sale agreement with respondent no.1, paying Rs.2.90 lakh as earnest money. Before execution, respondent no.1 sold the property to respondent no.2 — The petitioner sued for specific performance, which the trial court granted but the High Court reversed, citing lack of evidence on earnest money payment and the petitioner's financial capacity — The Supreme Court disagreed with the High Court's reasoning and granted the parties three weeks to negotia
India Law Library Docid # 2422319

(873) SANTOSH KUMARI Vs. ADDITIONAL COMMISSIONER CHITRAKOOT DHAM DIVISION BANDA AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
If authorities initially treat land issuance as irregular, not void ab initio, a five-year limitation applies for reopening the case

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 198(4) —The appellant, issued a patta in 1991, faced cancellation in 2000 under Section 198(4) — The cancellation was upheld by authorities — The appellant argued the show cause notice was issued after the 5-year limitation period under Section 198(6)(b), rendering t
India Law Library Docid # 2422320

(874) THE MANAGING DIRECTOR TAMIL NADU HOUSING BOARD Vs. S. PARAMANANDAM (DECEASED) THROUGH HIS LRS AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Land Acquisition Act, 1894 — Section 48(B) — An award for land acquisition was made in 1985-86, with compensation paid — The High Court directed the appellant to consider the respondent's request for land allotment under the ex-landowner category — The respondent sought land release under Section 48(B) — The appellant argued that no legal right exists for private parties once the title transfers to the Government — The respondent claimed similar cases had been granted relief — The Supreme Court
India Law Library Docid # 2422322

(875) THE STATE OF UTTAR PRADESH Vs. NEERAJ KUMAR PANDEY AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Service Law — Recruitment — Fairness in Government Recruitment — A government cannot deny appointment to candidates who secured higher marks than the least-qualified appointed candidate, solely due to delay in the recruitment process, when such delay is attributable to the government's own actions.
India Law Library Docid # 2422463

(876) SHANKAR LAL SHARMA Vs. RAJESH KOOLWAL AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Settlement in lieu of Litigation — The court encourages out-of-court settlements as a means to resolve disputes efficiently and amicably, particularly in cases where the monetary relief sought is substantial but the petitioner's means are limited.
India Law Library Docid # 2422584

(877) GAMBHIR SINGH Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 28-01-2025
Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 27 — Murder — Death Sentence — Acquittal — Appellant was accused of murdering his brother, sister-in-law, and their four children, allegedly over a land dispute —Weapons and items were recovered — The trial court sentenced to death, acquitting one co-accused, and the High Court upheld the decision — The Supreme Court examined whether the prosecution proved accused’s guilt beyond reasonable doubt, focusing on motive, the "last se
India Law Library Docid # 2422315

(878) THE CORPORATION OF THE CITY OF PANAJI Vs. MUSHTAK HUSSAIN KHATIB AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Temporary accommodation — The Corporation of the City of Panaji appealed a High Court order directing it to frame a scheme to accommodate fish and meat vendors after their building was demolished — The Corporation argued the High Court overstepped its jurisdiction under Article 226 and sought to implement its resolutions, accommodating only six meat vendors temporarily — The Supreme Court partially allowed the appeal, setting aside the High Court's scheme directive but affirming temporary accomm
India Law Library Docid # 2422385

(879) JITENDRA SINGH SIKARWAR Vs. RAMESH SINGH SIKARWAR AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Motor Accident Claims — Claimant, who lost his left hand in a 2008 accident, appealed for higher compensation, disputing the High Court's assessment of his income at Rs. 3,000 per month — The Supreme Court found this figure too low, considering his farming and buffalo-rearing income, and revised it to Rs. 6,000 per month — This adjustment raised his loss of income to Rs. 9,66,000 — The Court partially allowed the appeal, directing ICICI Lombard to pay an additional Rs. 6,00,000 with 6% interest,
India Law Library Docid # 2422389

(880) PAVAN KUMAR NATH AND ANOTHER Vs. RASHMI MUKHI[SUPREME COURT OF INDIA] 28-01-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 — The appellant challenged a High Court order upholding the Trial Court's refusal to recall an ex parte order in a recovery suit filed for Rs. 1.55 crore — The Trial Court had proceeded ex parte due to the appellant's absence, and the High Court upheld this — The Supreme Court, however, ruled that the appellant should be given a chance to contest the suit, given the substantial amount involved and the pending application under Order VII Rule 11 C
India Law Library Docid # 2422390