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(961) SMT. N. USHA RANI AND ANOTHER Vs. MOODUDULA SRINIVAS[SUPREME COURT OF INDIA] 30-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Supreme Court addressed whether a woman can claim maintenance from her second husband under Section 125, if her first marriage is legally subsisting — The court held that denying maintenance to a woman in such a situation would defeat the social justice objective of Section 125 CrPC, which is to prevent vagrancy and destitution — This is especially true if the second husband knowingly entered into the marriage and enjoyed its benefits but seek
India Law Library Docid # 2422264

(962) ASHOK SAXENA Vs. THE STATE OF UTTARAKHAND ETC[SUPREME COURT OF INDIA] 30-01-2025
Penal Code, 1860 (IPC) — Sections 302, 304 Part I and Exception 4 to Section 300 — Culpable Homicide not amounting to murder— Appellant, aged 74, killed another in 1992 during a heated altercation, initially charged with murder under Section 302 IPC — Whether the act qualifies as murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC, considering the doctrine of transfer of malice and the heat of the moment —Prosecution argued intent to kill, applying Sec
India Law Library Docid # 2422265

(963) K. BALAJI Vs. STATE REP. BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 30-01-2025
Penal Code, 1860 (IPC) — Sections 341, 392, 397 and 506(ii) — The appellant was convicted under Sections 341, 392 read with 397, and 506(ii) IPC by the Trial Court — The High Court modified the sentence under Section 392 read with 397 IPC but upheld the other sentences — The appellant appealed to the Supreme Court, challenging the framing of the charge under Section 397 IPC, arguing that the knife recovered was not proven to be a deadly weapon, and contested the sentence under Section 392 IPC —
India Law Library Docid # 2422323

(964) CH SUKESH REDDY AND ANOTHER Vs. VOOKANTI MAHENDER REDDY AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Injunction — Appellant appealed against a Telangana High Court order that suspended their building permission pending a civil suit — The appellants argued no injunction was in effect during the writ appeal, while the first respondent alleged fraud and encroachment — The Supreme Court found the High Court's decision based on incorrect facts, as no injunction existed, and noted insufficient evidence of fraud — It allowed the appeal, permitting completed and future construction, subject to the civi
India Law Library Docid # 2422387

(965) M.S. SANJAY Vs. INDIAN BANK AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Constitution of India, 1950 — Article 226 — In exercising discretionary jurisdiction under Article 226, Writ Courts must prioritize substantial justice over technical statutory infractions, refraining from upsetting actions/orders that, despite minor flaws, have attained finality and where upsetting them would cause injustice to parties who have substantially relied on the original outcome, as in cases of long-consummated auctions and subsequent significant investments
India Law Library Docid # 2422482

(966) 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

(967) 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

(968) 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

(969) 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

(970) 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

(971) 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

(972) 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

(973) 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

(974) 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

(975) 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

(976) 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

(977) 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

(978) 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

(979) 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

(980) 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