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(481) KOUSIK DAS AND OTHERS Vs. STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Education Law — Teacher Qualification — Diploma in Elementary Education (D. El. Ed.) — NIOS 18-Month ODL Programme — Purpose and Scope — The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 — This p
India Law Library Docid # 2424247

(482) SANGITA SINHA Vs. BHAWANA BHARDWAJ AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Effect of Accepting Refund — A buyer's continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance consideration sent by the seller along with a cancellation notice, especially when such encashment occurs during the p
India Law Library Docid # 2424248

(483) JOGESWAR SAHOO AND OTHERS Vs. THE DISTRICT JUDGE, CUTTACK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Service Law — Recovery of Excess Payment — Retired Employees — Non-Fault Based Payment — Recovery of excess payments made years prior to non-gazetted employees (Stenographers) due to the employer's erroneous interpretation of rules or recommendations (Shetty Commission), without any misrepresentation or fraud attributable to the employees, is impermissible after their superannuation.
India Law Library Docid # 2424249

(484) MURUGAN Vs. THE STATE REP. BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 04-04-2025
Criminal Law — Circumstantial Evidence — Chain of Evidence — Benefit of Doubt — In cases resting solely on circumstantial evidence, the prosecution must establish a complete chain of circumstances that unerringly points only towards the guilt of the accused, leaving no room for any other hypothesis consistent with innocence — Any missing link or reasonable doubt arising at any stage necessitates acquittal, as strong suspicion cannot substitute for proof beyond a reasonable doubt.
India Law Library Docid # 2424250

(485) MD. MAHMUD ALAM @ MAHMUD @ NEPALI Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 04-04-2025
Unlawful Activities (Prevention) Act, 1967 — Section 43D(5) — Bail — Restriction on Grant — Prima Facie Case — Section 43D(5) of the UAPA imposes a specific embargo on the grant of bail if the Court, upon perusal of the case diary and the report under Section 173 Cr.P.C., forms an opinion that reasonable grounds exist for believing that the accusation against the person for committing an offence under Chapter IV or VI of the UAPA is prima facie true — This standard shifts the conventional bail j
India Law Library Docid # 2424326

(486) SRI. VINAY RAJASHEKHARAPPA KULKARNI AND OTHERS Vs. CENTRAL BUREAU OF INVESTIGATION AND OTHERS[KARNATAKA HIGH COURT] 04-04-2025
Criminal Procedure Code, 1973 — Sections 306, 307 — Prevention of Corruption Act, 1988 — Section 5(2) — Tender of Pardon — Procedure by Special Judge/Sessions Court — Interpretation of “on the same condition” in S. 307 — Requirement to record acceptance of pardon (S. 306(3)(b)) — Deemed Acceptance — The condition stipulated in Section 307 Cr.P.C. (“on the same condition”) for granting pardon by the Court to which the case is committed (or a Special Court exercising similar power) refers specific
India Law Library Docid # 2424339

(487) M/S SUN RAMA EXPORTS PRIVATE LIMITED Vs. SMT. SHANTHA SRINIVAS[KARNATAKA HIGH COURT] 04-04-2025
Specific Relief Act, 1963 — Section 10 (Pre-2018 Amendment), Section 20 (Pre-2018 Amendment) — Decree for Specific Performance — Discretionary Relief — Culpable Conduct of Vendor — While the grant of specific performance under the pre-2018 amended Specific Relief Act was discretionary, such discretion must be exercised judicially based on principles of reason, justice, and equity — Where the vendor (1st defendant) exhibits culpable conduct, such as violating a court’s status quo order by alienat
India Law Library Docid # 2424360

(488) SRI JAGADGURU BASAVA JAYMRITYUNJAY SWAMIJI AND OTHERS Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT (DHARWAD BENCH)] 04-04-2025
Constitution of India, 1950 — Article 19(1)(a) & 19(1)(b) — Right to Peaceful Protest — Police Action — Lathi Charge — Judicial Inquiry — Citizens have a fundamental right to assemble peacefully and protest under Article 19(1)(a) and 19(1)(b) of the Constitution — Where serious allegations arise, supported by prima facie material (like photographs, videos, medical reports), that police resorted to excessive force, such as an allegedly unprovoked lathi charge on peaceful protestors (including a p
India Law Library Docid # 2424396

(489) THE CHIEF MANAGER / BRANCH MANAGER STATE BANK OF INDIA SHAHABAD BRANCH AND OTHERS Vs. MAHALINGAPPA AND OTHERS[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 04-04-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Availability of Alternate Remedy — Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 — Sections 13(4), 14 & 17 — A writ petition under Article 226 of the Constitution challenging measures taken by a secured creditor under Section 13(4) or Section 14 of the SARFAESI Act is ordinarily not maintainable — The aggrieved person, including the borrower, has an efficacious and co
India Law Library Docid # 2424397

(490) MAHALAXMI Vs. THE KARNATAKA PUBLIC SERVICE COMMISSION (KPSC) AND OTHERS[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 04-04-2025
Constitution of India, 1950 — Articles 14, 15(3), 16 & 39(a) — Public Employment — Examination — Pregnant Candidate — Advanced Stage — Inability to Travel — Reasonable Accommodation — Right to Livelihood — Where a qualified candidate (petitioner) is unable to travel to designated examination centres (Bengaluru/Dharwad) for a crucial public service main examination due to being in an advanced stage of pregnancy and medical advice against travel, directing the examining body (KPSC) to conduct the
India Law Library Docid # 2424398

(491) Ms. A. SHILPA Vs. M/s SHRIRAM LIFE INSURANCE CO. LTD.,[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2025
Insurance Law – Life Insurance – Repudiation of Claim – Non-disclosure of Material Facts – Alcoholism – Multiple Policies – Burden of Proof – Section 45, Insurance Act, 1938 – The repudiation of life insurance claims by the insurer on the grounds of non-disclosure of the deceased life assured’s (DLA) alleged chronic alcoholism and holding of multiple insurance policies was held unjustified — The insurer failed to discharge the burden of proof under Section 45 of the Insurance Act, 1938, which re
India Law Library Docid # 2424487

(492) BIRENDER KUMAR SINGH Vs. TATA MEMORIAL CENTRE AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-04-2025
Consumer Protection Act, 1986 – Section 21 – Medical Negligence – Misdiagnosis – Cancer (Adenocarcinoma vs. SPEN) – Standard of Care – Burden of Proof – Allegations of medical negligence against hospitals (OP1 & OP2) for misdiagnosing pancreatic cancer (Adenocarcinoma) instead of Solid Cystic Papillary Epithelial Neoplasm (SPEN), leading to chemotherapy and pancreatectomy, were examined — The complainant argued OP2 misdiagnosed based on FNAC and OP1 wrongly relied on OP2’s report without indepen
India Law Library Docid # 2424488

(493) B.S YEDDIYURAPPA Vs. A ALAM PASHA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Prevention of Corruption Act, 1988 — Section 17A — Prior Approval for Investigation — Relevant Considerations — The scope of considerations for the appropriate authority or government when evaluating a request for prior approval under Section 17A for initiating any enquiry, inquiry, or investigation against a public servant falls for determination
India Law Library Docid # 2424550

(494) SARJUPRASAD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Arbitration and Conciliation Act, 1996 — Section 37 — Setting Aside Award — Patent Illegality — Procedural Breach — An appellate court under Section 37 is justified in setting aside an arbitral award's enhancement (originally confirmed under Section 34) on grounds of patent illegality, where the arbitrator relied on crucial evidence (sale deeds) brought on record by one party after the formal closure of arbitral proceedings, thereby denying the other party an opportunity to respond
India Law Library Docid # 2424551

(495) SARJUPRASAD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Patent Illegality — Procedural Fairness — Opportunity to Contest Evidence — An arbitral award based on documents (sale deeds) introduced after the formal closure of proceedings, without providing the opposing party an opportunity to contest their relevance or veracity, is vulnerable to challenge under Section 34 on grounds potentially amounting to patent
India Law Library Docid # 2424533

(496) SANTHA KUMARI AMMA AND OTHERS Vs. THARA. T. PILLAI AND OTHERS[KERALA HIGH COURT] 04-04-2025
Motor Vehicles Act, 1988 — Section 166 — Proof of Negligence — Standard is preponderance of probabilities, not proof beyond reasonable doubt — Police charge sheet is prima facie evidence of negligence; however, if parties adduce contrary oral evidence, the Tribunal must decide based on the evidence adduced, with the charge sheet losing significance
India Law Library Docid # 2424598

(497) KERALA STATE ELECTRICITY BOARD AND ANOTHER Vs. GOPALAKRISHNAN AND OTHERS[KERALA HIGH COURT] 04-04-2025
Electricity Act, 2003 — Section 145 — Bar of Civil Court Jurisdiction — The bar under S.145 applies specifically to matters which an assessing officer (S.126), appellate authority (S.127), or adjudicating officer is empowered to determine, and to injunctions against actions taken in pursuance of powers conferred by the Act.
India Law Library Docid # 2424599

(498) TARUN SEN Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 04-04-2025
Protection of Children from Sexual Offences Act, 2012 — Section 6 — Aggravated Penetrative Sexual Assault — Proof of Victim’s Age Below 18 — Standard of Proof — Juvenile Justice Act, 2015 — Section 94 — In a prosecution under the POCSO Act, establishing that the victim was below 18 years of age at the time of the incident is a sine qua non — The prosecution must prove the victim’s minority beyond reasonable doubt, adhering to the hierarchy of evidence prescribed in Section 94(2) of the JJ Act, 2
India Law Library Docid # 2424718

(499) SMT. NEHA SHARMA AND ANOTHER Vs. KAUSHAL KISHORE SHARMA[CHHATTISGARH HIGH COURT] 04-04-2025
Hindu Minority and Guardianship Act, 1956 — Section 6 — Guardianship and Wards Act, 1890 — Custody of Minor Child — Paramount Consideration — Welfare of Child — In deciding the custody of a minor child, the paramount consideration for the Court is the welfare and well-being of the child — The rights of the parents under personal law are secondary to the child’s welfare — Factors like the child’s stability, security, education, emotional, intellectual, moral, and ethical development, and favourab
India Law Library Docid # 2424719

(500) PR. COMMISSIONER OF INCOME TAX-1, CHANDIGARH Vs. M/S. V-CON INTEGRATED SOLUTIONS PVT. LTD[SUPREME COURT OF INDIA] 04-04-2025
Income Tax Act, 1961 — Section 263 — Revisionary Jurisdiction — Scope — Lack of Inquiry vs. Erroneous Conclusion — A clear distinction exists between (i) failure or absence of investigation by the Assessing Officer (AO), and (ii) a wrong decision or conclusion reached by the AO after conducting inquiries — Where the AO conducts inquiries but accepts the assessee’s stand without making additions, it
India Law Library Docid # 2424803