(161) M/S DHANBAD FUELS PRIVATE LIMITED Vs. UNION OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 15-05-2025 Commercial Courts Act, 2015 — Section 12A — Pre-institution mediation and settlement — Mandatory nature — Suit not contemplating urgent interim relief shall not be instituted without exhausting pre-institution mediation — Legislative intent to promote alternative dispute resolution and decongest courts — Mandatory nature of Section 12A established. India Law Library Docid # 2425722
(162) NATIONAL SPOT EXCHANGE LIMITED Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025 Constitution of India, 1950 — Article 142 — Powers of Supreme Court — Scope and ambit — Plenary and curative nature — Not limited by statutes but exists to do complete justice — Wide amplitude but tempered by restraint — Cannot ignore substantive statutory rights or supplant substantive law — Should not be exercised when it directly conflicts with express statutory provisions dealing with the subject, unless balancing equities or ironing out creases in a cause or matter arising out of such statu India Law Library Docid # 2425724
(163) SOUTH DELHI MUNICIPAL CORPORATION OF DELHI Vs. SMS LIMITED[SUPREME COURT OF INDIA] 15-05-2025 Concession Agreement — Dispute Resolution Clause — Whether constitutes an arbitration agreement — Interpretation of — Essential ingredients of valid arbitration agreement are clear intent to arbitrate, binding adjudicatory process culminating in final and binding decision, and compliance with arbitral norms including impartiality, party autonomy in arbitrator appointment, and adversarial process — Article 20 titled “Mediation by Commissioner” refers disputes to MCD Commissioner or his appointee India Law Library Docid # 2425725
(164) NAGARAJAN AND ANOTHER Vs. STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025 Criminal Law — Sentencing — Probation — Prevention of Food Adulteration Act, 1954 (PoFA Act) — Section 20AA — Exclusion of Probation Act, 1958 and Section 360 Cr. PC — Applicability of Section 20AA to offences committed under the PoFA Act between 1976 (introduction of Section 20AA) and 2006 (repeal by Food Safety and Standards Act, 2006) — Express exclusion by Section 20AA is clear and unambiguous, admitting no absurdity — Courts must be subservient to legislative wisdom — Benefit of probation u India Law Library Docid # 2425726
(165) MOHIT KUMAR Vs. VERSUS STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025 Recruitment Process — Terms of Advertisement — Non-compliance — Consequence — Where an advertisement for public employment stipulates specific requirements, such as the format of a caste certificate for claiming reservation benefits, non-compliance with such terms by an aspirant is likely to result in adverse consequences, including the rejection of the claimed status by the selecting body/appointing authority. India Law Library Docid # 2425727
(166) RAJESH ETC. Vs. UNION OF INDIA ETC.[SUPREME COURT OF INDIA] 15-05-2025 Wild Life (Protection) Act, 1972 — Section 49-B — Prohibition of dealing in trophies, animal articles etc. derived from scheduled animals — Seizure of tiger skin, antler horns, claws, teeth, bones, and skulls from accused in a car in the presence of independent witnesses — Evidence of uninterested neutral witnesses (Petrol Pump Manager and officer requisitioned from Labour Commissioner) corroborating recovery and arrest at the spot — Substratum of witness testimonies not dislodged in cross-exami India Law Library Docid # 2425728
(167) HANSA DEVI AND OTHER Vs. SBI GENERAL INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 15-05-2025 Motor Vehicles Act, 1988 — Compensation — Fatal accident — Deceased, a truck driver, aged 28 years — Income — Tribunal awarded compensation based on monthly salary of Rs. 10,000/- with 40% future prospects — High Court reduced salary to minimum wages of Rs. 4,076/- with 40% future prospects — Supreme Court restored the Tribunal’s assessment of income of Rs. 10,000/-, reasoning that an unskilled labourer in 2004 was held to earn Rs. 4,500/-, hence a driver of a heavy vehicle in 2014 would reasona India Law Library Docid # 2425729
(168) THE TATA AIG GENERAL INSURANCE CO. LTD. Vs. SURAJ KUMAR AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025 Motor Vehicles Act, 1988 — Compensation — Role of Insurer — Liability to Indemnify — An insurer’s liability is to indemnify the insured’s estate in monetary terms, based on pecuniary compensation awarded by the Tribunal — Monitoring the victim’s future well-being or ensuring proper functioning of prosthetic limbs and wheelchairs is not the insurer’s duty or an obligation that can be cast upon it — High Court’s direction to provide such services set aside. India Law Library Docid # 2425730
(169) MOHAMMAD BASHIR Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-05-2025 Prevention of Corruption Act, 1988 — Section 5(2) read with Section 5(1)(e) — Offence of criminal misconduct (disproportionate assets) — Successive FIRs — Validity of registration — Abuse of process — Earlier FIR investigating same type of allegations closed as “Not Proved” after investigation and closure report accepted by Special Court — Impugned second FIR registered on same allegations of disproportionate assets, overlapping investigated properties India Law Library Docid # 2425864
(170) JYOTI SWARUP SHARMA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Rule 14 — Disciplinary proceedings — When commenced — Pendency of disciplinary/criminal proceedings — Sealed cover procedure — Promotion — Withholding of promotion: Disciplinary proceedings commence only upon issuance of the charge-memo/charge-sheet, not prior thereto — Sealed cover procedure for promotion of an employee can be adopted only when a charge-memo/charge-sheet has been issued or criminal prosecution is pending India Law Library Docid # 2425871
(171) MOHAN SINGH ALIAS BABU RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Criminal Procedure Code, 1973 — Section 397 — Revision — Scope of Interference — Concurrent Findings — Revisional court’s jurisdiction to rectify patent defects, errors of jurisdiction, or law — Not to dwell at length upon facts and evidence to reverse findings — Limited scope of interference; not to be exercised in a routine manner. India Law Library Docid # 2425873
(172) M/S. VADSP PHARMACEUTICALS AND OTHERS Vs. UNION OF INDIA[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Drugs and Cosmetics Act, 1940 — Section 34 — Offences by companies — Vicarious liability of Directors/Officers — Essential ingredients are that the person was in charge of and responsible to the company for the conduct of its business at the time of the offence — Mere designation as Director/Officer is insufficient; specific averments showing role and responsibility are mandatory — Complaint must clearly spell out how and in what manner the individual accused was India Law Library Docid # 2425876
(173) FULEKAR MINJ Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Fratricide — Land dispute as motive — Extra-judicial confession — Admissibility of confession to Police Officer — Evidence Act, 1872 — Sections 25, 26 & 27 — Accused found present at place of occurrence — Recovery of weapon — Appreciating circumstantial evidence — Requirements for conviction based on circumstantial evidence — Chain of circumstances — When two views are possible — Benefit of doubt — Prosecution case based on circ India Law Library Docid # 2426136
(174) GOLJAR UDDIN AHMED @ RAJU AND OTHERS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 15-05-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(c) — Possession of commercial quantity of psychotropic substance — Evidence — Seizure witnesses turned hostile or did not corroborate investigating officer — Non-production of seized contraband and samples — Essential requirement is proving possession of contraband beyond reasonable doubt — Sole testimony of police official requires corroboration from independent sources, especially when not supported by production of seized artic India Law Library Docid # 2426137
(175) NATIONAL INSURANCE CO. LTD. Vs. ON THE DEATH OF HAIDAR ALI HIS LEGAL HEIRS RABIYA BIBI AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Motor Vehicles Act, 1988 — Sections 163A, 166 — Motor Accidents Claims Tribunal — Award of Compensation — Death of unmarried victim — Liability of Insurer — Proof of Insurance — Seizure of insurance certificate during criminal investigation showing policy validity at time of accident — Evidence of Insurer’s witness contradicting existence of policy with their specific branch without proper authentication or identification of signatory — Departures from pleadings concerning the insurance policy — India Law Library Docid # 2426138
(176) MD. ABU BAKKAR SIDDIQUE Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Constitution of India — Articles 226 & 227 — Foreigners Tribunal — Opinion/Order — Burden of Proof — Perversity — Judicial Review — Challenge to a Foreigners Tribunal’s opinion declaring the petitioner a foreigner — Tribunal’s opinion based on the petitioner’s failure to provide valid documentation during the initial enquiry and inconsistencies in exhibited voter lists regarding age and relational details — Petitioner’s primary documents (voter India Law Library Docid # 2426139
(177) NANDINI SUNDAR AND OTHERS Vs. STATE OF CHATTISGARH[SUPREME COURT OF INDIA] 15-05-2025 Writ Petition — Salwa Judum and Special Police Officers — Directions by Supreme Court — Whether previously issued directions in a pending writ petition necessitate continued pendency despite compliance reports filed by respondents India Law Library Docid # 2426259
(178) NAGALAND PUBLIC SERVICE COMMISSION (THROUGH ITS CHAIRMAN) AND ANOTHER Vs. SMT. PHUHOLI SEMA AND OTHERS[SUPREME COURT OF INDIA] 15-05-2025 Nagaland Public Service Commission (Chairman, Members & Staff) Regulations, 2008 — Regulation 19 — Conditions of service for NPSC staff — Applicability of other rules — Regulation 19 requires a specific order from the Governor to adopt other rules, including the Nagaland Government Servants Service Conduct Rules, 1968 — In the absence of such a specific order, provisions of the Service Conduct Rules, 1968 are not applicable to NPSC staff — Disciplinary proceedings initiated based India Law Library Docid # 2426261
(179) NATIONAL SEEDS CORPORATION LTD. Vs. SH. PATIL SITARAM BAGAL AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-05-2025 Consumer Protection Act, 1986 — Deficiency in Service — Defective Seeds — Burden of Proof — Farmer’s claim of crop loss due to defective pea seeds — District and State Commissions allowed the complaint based on a ‘Panchnama’ and a reference to a `Seeds Grievance Redressal Committee` report — National Commission observes that the Panchnama lacked expert opinion to support the claim of all seeds producing male-variant plants — The quantitative loss claimed by the farmer (40 quintals from 40kg seed India Law Library Docid # 2427309
(180) VIJAYA BANK AND ANOTHER Vs. PRASHANT B NARNAWARE[SUPREME COURT OF INDIA] 14-05-2025 Civil Procedure Code, 1908 — Interpretation of Judgments — Applicability to factual matrix — Judgments must be read and applied considering the specific factual matrix of each case and not like statutes. (Para 34) India Law Library Docid # 2425708