(381) M/S. NARESH KUMAR GUPTA Vs. STATE OF PUNJAB AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025 Punjab Value Added Tax Act, 2005 — Section 29 — Amendment by Punjab Value Added Tax Act, 2013 — Assessment of tax — Limitation period for assessment — Constitutional validity of amendment — Extension of limitation from three years to six years retrospectively — Effect of amendment on concluded proceedings challenged — Challenge based on prospectivity, overruling of judgments, violation of natural justice and Articles 14/19, extension of period for reassessment after expiry, and inconsistency wit India Law Library Docid # 2425830
(382) SHANKARI DEVI AND ANOTHER Vs. UNION OF INDIA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-05-2025 Pensions — Family Pension — Eligibility — Rule 50, CCS Pension Rules — Widow remarries — Entitlement of parents — Rule 50(10)(a) provides that if a widow ceases to be eligible for family pension (due to remarriage), the pension at the specified rate shall be payable to the parents for life, provided they were dependent on the government servant immediately before his death — Deceased employee’s widow received family India Law Library Docid # 2425885
(383) THADIYUS TIRKI Vs. STATE OF M.P.(NOW CHHATTISGARH)[SUPREME COURT OF INDIA] 01-05-2025 Criminal Law — Appeal — Concurrent findings — High Court affirming conviction under Section 458 of the Penal Code, 1860 — Appellant challenging affirmation of conviction — Supreme Court’s scope of intervention in concurrent fact findings India Law Library Docid # 2425960
(384) MAHESHBHAI HAJIBHAI SOJITRA Vs. BABU LIME PRIVATE LIMITED[GUJARAT HIGH COURT] 01-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(a) & (d) — Rejection of plaint — Maintainability of suit — Commercial Courts Act, 2015 — Application for rejection of plaint on grounds of undervaluation and lack of jurisdiction of District Court under the 2015 Act — Suit for permanent injunction, passing off, and infringement of trademark and copyright — Plaintiff valued suit below specified value, filing in District Court — Defendant contends dispute is commercial and falls under the Commercial Cou India Law Library Docid # 2425993
(385) DEVESH METCAST PVT LTD THROUGH DIRECTORS AND OTHERS Vs. GIRISH NAGJIBHAI SAVALIYA[GUJARAT HIGH COURT] 01-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Grounds (a) and (d) — Absence of cause of action — Suit barred by law of limitation — Application under Order VII Rule 11 – Court to examine plaint and annexed documents to determine if suit is frivolous, vexatious, or barred by law — Rejection warranted when plaint discloses no cause of action India Law Library Docid # 2426047
(386) MAJOOR MAHAJAN MANDAL NAVSARI AND ANOTHER Vs. SITABEN MANGUBHAI AND OTHERS[GUJARAT HIGH COURT] 01-05-2025 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(c) — Eviction — Ground of nuisance or annoyance — Essential ingredients: tenant’s conduct causing nuisance or annoyance to adjoining or neighbouring occupier — Allegation of tenant encroaching on adjoining property (474/A/1) and using it as an additional room amounting to nuisance — Landlord India Law Library Docid # 2426048
(387) BANAMALI SARKAR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(C) — Possession of commercial quantity of ganja — Conviction and sentence of 12 years RI and Rs. 1,00,000/- fine challenged in appeal — Grounds of challenge include failure to prove chain of custody, non-examination of Malkhana in-charge and messenger, discrepancy in sample markings and seals, absence of homogeneous mixing, inconsistent independent witness testimony regarding seizure location, non-production of entire seized contr India Law Library Docid # 2426162
(388) OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS Vs. ANKUSH SAIKIA AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025 Rights of Persons with Disabilities Act, 2016 — Section 2(s) and 2(r) — Person with disability — Person with benchmark disability — Temporary disability certificate — Appointment — Eligibility for post reserved for persons with benchmark disability requires a “person with disability” as defined under Section 2(s) which implies a long-term impairment — Temporary disability certificate with a limited validity period (e.g., 3 years 5 months) does not satisfy the definition of “person with disabilit India Law Library Docid # 2426163
(389) AYESHA KHATUN AND ANOTHER Vs. ABU BAKKAR SIDDIQUE[GAUHATI HIGH COURT] 01-05-2025 Civil Procedure Code, 1908 — Order 43 Rule 1(r) — Challenge to injunction order — Principles for interference — An injunction order, being discretionary and equitable, should not be interfered with unless discretion suffers from perversity, unreasonableness, irrationality, or is contrary to settled principles for granting injunction. India Law Library Docid # 2426164
(390) RAJEEV KISHOR GAUTAM Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025 Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Grant of — Offences under Sections 341, 323, 307, 379, 302, and 34 of Indian Penal Code, 1860 — Murder and Attempt to Murder — High Court granted anticipatory bail in a murder case with allegations of severe head injury and subsequent assault by multiple accused — Trial court had previously rejected bail considering active participation, cause of death (head injury), and criminal antecedents — High Court’s order found to be crypti India Law Library Docid # 2426433
(391) ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJ KUMAR RANA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-05-2025 Consumer Protection Act, 1986 — Deficiency in service — Insurance claim — Vehicle theft — Transfer of vehicle ownership — Transfer of insurance policy — Insurable interest — Vehicle sold by original owner, its registration transferred to buyer, and then stolen within 11 days of purchase — Buyer did not formally request transfer of insurance policy to his name before theft — Insurance company rep India Law Library Docid # 2427304
(392) SHENBAGAVALLI AND OTHERS Vs. THE INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — To constitute an offence under Section 306 IPC, the essential ingredients of abetment as defined under Section 107 IPC must be established — There must be proof of a direct or indirect positive act of incitement to the commission of suicide by the accused, reflecting a mens rea to instigate or aid the deceased to end their life. India Law Library Docid # 2425257
(393) KRISHNA KUMAR KEDIA Vs. UNION OF INDIA THROUGH DIRECTOR, CBI[SUPREME COURT OF INDIA] 30-04-2025 Evidence Act, 1872 — Section 133 — Approver Evidence — Corroboration — Conviction based significantly on approver’s testimony admitting forgery at appellant’s behest is sustainable when corroborated by: (i) testimony of the official denying the forged signature, (ii) testimonies of appellant’s employees confirming lifting of goods and diversion on appellant’s instructions, and (iii) testimonies of departmental India Law Library Docid # 2425258
(394) KESHAV S/O LAXMAN RUPNAR AND ANOTHER Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 30-04-2025 Criminal Law — Rape — Evidence — Testimony of Prosecutrix — Reliability — While conviction for rape can be based solely on the testimony of the prosecutrix if it inspires confidence (State of Punjab v. Gurmit Singh), the court must carefully evaluate the testimony in the context of the entire case — Where the narrative contains significant inconsistencies, lacks corroboration on material aspects, and appears unbelievable, raising grave suspicion, implicit reliance cannot be placed solely on the India Law Library Docid # 2425259
(395) RINA RANI MALLICK Vs. SUSIM KANTI MOHANTY AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Motor Vehicles Act, 1988 — Compensation — Injury to Minor — Non-Pecuniary Heads — In motor accident claims involving injury to minors resulting in permanent disability, compensation is determined primarily under non-pecuniary heads (pain, suffering, loss of amenities, inconvenience, discomfort) in addition to actual expenses incurred for treatment, attendant care etc., as establishing loss of future earnings is difficult — The quantum for non-pecuniary loss can be guided by the structured amount India Law Library Docid # 2425260
(396) SMT. M. SABITHA AND OTHERS Vs. BRAHMA SWAMULU AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Motor Vehicles Act, 1988 — Negligence — Contributory Negligence — Head-on Collision — Overtaking Vehicle and Speeding Vehicle — In a head-on collision between a car overtaking another vehicle and a lorry approaching from the opposite direction at high speed (evidenced by dragging the car post-impact), both drivers are contributorily negligent — The car driver failed to exercise sufficient care while overtaking, and India Law Library Docid # 2425261
(397) MEERA BAI AND OTHERS Vs. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Motor Vehicles Act, 1988 — Negligence — Proof — Absence of Eyewitness — The High Court erred in dismissing a motor accident claim petition solely on the ground that no eyewitness was examined to prove rash and negligent driving, especially when other evidence indicated negligence — Eyewitness testimony is not indispensable India Law Library Docid # 2425262
(398) PRAGYA PRASUN AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 30-04-2025 Constitution of India — Article 21 — Right to Life — Digital Accessibility — In the contemporary digital era, the Right to Life under Article 21 encompasses the right to digital access — Bridging the digital divide and ensuring universal accessibility to digital infrastructure, government portals, and essential services (including financial and telecommunication services) for all, including persons with disabilities and marginalized populations, is a constitutional imperative for the State to en India Law Library Docid # 2425263
(399) KANIZ AHMED Vs. SABUDDIN AND OTHERS[SUPREME COURT OF INDIA] 30-04-2025 Unauthorized Construction — Public Interest Litigation — Eviction and Demolition — High Court Directions Affirmed — Supreme Court affirms the High Court’s directions issued in a Public Interest Litigation, mandating authorities to ensure vacation of premises built unauthorizedly, eviction of occupants using adequate police force if necessary by a specified timeline, and subsequent demolition of the unauthorized structure by the Municipal Corporation, with the entire process being videographed a India Law Library Docid # 2425287
(400) GAYATRI BALASAMY Vs. M/S. ISG NOVASOFT TECHNOLOGIES LIMITED[SUPREME COURT OF INDIA] 30-04-2025 Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Power of Court — Modification of Arbitral Award — Courts exercising power under Section 34 (setting aside) or Section 37 (appeal) of the Act do not have the power to modify or vary the terms of an arbitral award — The legislative scheme confines the court's power primarily to setting aside the award on enumerated grounds, reflecting the principle of minimal India Law Library Docid # 2425294