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(61) SARABJIT SINGH @ JATT @ AMAN Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 21-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Constitution of India, 1950 — Article 21 — Bail in Commercial Quantity Case — Prolonged Pre-Trial Incarceration — Prolonged pre-trial incarceration generally militates against the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution — In such circumstances, the conditional liberty of the accused may override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS
India Law Library Docid # 2425083

(62) N. ESWARANATHAN Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 17-04-2025
Abuse of Process of Law — Successive Special Leave Petitions (SLPs) — Filing a second Special Leave Petition (SLP) challenging the same High Court judgment after the dismissal of the first SLP on merits, particularly by engaging the same Advocate-on-Record (AOR) and failing to disclose the earlier dismissal while making incorrect statements, constitutes a vexatious petition, a misuse of the process of law, and a brazen attempt to obstruct the administration
India Law Library Docid # 2424791

(63) ADAVYA PROJECTS PVT. LTD. Vs. M/S VISHAL STRUCTURALS PVT. LTD. AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Arbitration and Conciliation Act, 1996 — Section 21 — Notice Invoking Arbitration — Mandatory Nature and Effect of Non-Service — A notice invoking arbitration under S. 21 is mandatory (unless otherwise agreed by parties) as its receipt fixes the date of commencement of arbitral proceedings, which is crucial for determining limitation (S. 43), applicable law (including amendments to the Act), and fulfilling a prerequisite for
India Law Library Docid # 2424792

(64) STATE OF HIMACHAL PRADESH Vs. SHAMSHER SINGH[SUPREME COURT OF INDIA] 17-04-2025
Penal Code, 1860 — Section 307 — Attempt to Murder — Ingredients — Nature of Injury vs. Intention/Knowledge — To attract S. 307 IPC, the crucial element is the intention or knowledge to cause death with which the act is done, irrespective of the nature or severity of the injury actually caused. S. 307 uses the word ‘hurt’, not ‘grievous hurt’ or ‘life-threatening hurt’ — Therefore, an accused cannot be acquitted merely because the injury inflicted was not grievous or dangerous to life, if the ev
India Law Library Docid # 2424793

(65) SUBHASH AGGARWAL Vs. THE STATE OF NCT OF DELHI[SUPREME COURT OF INDIA] 17-04-2025
Criminal Law — Circumstantial Evidence — Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence — Conviction upheld where circumstances, including (i) gunshot residue (GSR) found on the accused father’s dominant (right) hand, (ii) th
India Law Library Docid # 2424794

(66) ANKIT MISHRA Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference if (i) the High Court has demonstrably considered the criminal history, and (ii) the spec
India Law Library Docid # 2424795

(67) AJAY RAJ SHETTY Vs. DIRECTOR AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Employees’ State Insurance Act, 1948 — Section 2(17) — ‘Principal Employer’ — Scope and Determination — The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment
India Law Library Docid # 2424796

(68) SHAHED KAMAL AND OTHERS Vs. M/S A. SURTI DEVELOPERS PVT. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Penal Code, 1860 — Section 499, Exception 9 & Section 500 — Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good — Good faith requires due care and attention but, unlike Exception 1, does not
India Law Library Docid # 2424797

(69) DIRECTORATE OF REVENUE INTELLIGENCE Vs. RAJ KUMAR ARORA AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c) and 2(xxiii), Schedule & NDPS Rules, 1985 — Sch. I, Rules 53, 64, 65, 66 — Offence relating to Psychotropic Substances listed in Act Schedule but not in Rules Schedule I — Dealing in (producing, manufacturing, possessing, selling, purchasing, transporting, warehousing, using, consuming, importing, exporting, or transhipping) any psychotropic substance listed in the Schedule to the NDPS Act constitutes an offence under S. 8(c),
India Law Library Docid # 2424798

(70) TALARI SATYANARAYANA Vs. TALARI VANA KAMESWARAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025
Transfer of Property Act, 1882 — Sections 122, 123 & Gift vs. Will — Interpretation of Document — A registered document, described as a “settlement deed,” which confers property out of love and affection, reserves a life interest for the donor (including enjoyment of income and liability for taxes) while restricting her right to alienate, and grants a vested remainder right to the donee (plaintiff/son) with possession postponed until the donor’s death, constitutes a valid gift settlement deed (i
India Law Library Docid # 2424825

(71) APSRTC, AMARAVATHI Vs. N.SOUNDARYA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025
Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In motor accident claims adjudicated under Section 166, the determination of negligence is based on the principle of preponderance of probabilities — Direct testimony of an eyewitness (PW.2) regarding the rash and negligent driving of the offending vehicle holds greater evidentiary value than police investigation documents such as the FIR (Ex.A1), altered FIR (Ex.A2), or charg
India Law Library Docid # 2424829

(72) D.B. RAVIKUMAR Vs. G.S. SURESH AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of First Information Report (FIR) — Scope of Interference — The inherent power vested in the High Court under Section 482 Cr.P.C. to quash criminal proceedings, including an FIR, ought not to be exercised in a manner that prematurely scuttles a legitimate investigation, particularly when the FIR discloses the prima facie commission of cognizable offences.
India Law Library Docid # 2424846

(73) ASHOK KUMAR SINGH Vs. THE STATE AND OTHERS[DELHI HIGH COURT] 17-04-2025
Penal Code, 1860 — S. 497 — Offence of Adultery — Constitutionality — Joseph Shine v. Union of India (AIR 2018 SC 4898) — Discussion on the nature and historical context of Section 497 IPC. Analysis of the provision as reflecting archaic, patriarchal notions treating the wife as the husband’s chattel or property — Examination of its discriminatory aspects, where only the “outsider” male is punished, the wife is exempt from punishment even as an abettor, and the offence is contingent on the absen
India Law Library Docid # 2424867

(74) ABC INFOSYSTEMS PRIVATE LIMITED AND ANOTHER Vs. ABS INDIA PRIVATE LIMITED[DELHI HIGH COURT] 17-04-2025
Commercial Courts Act, 2015 — S. 12A — Pre-Institution Mediation — Exception — Urgent Interim Relief (CPC, Order 38 R. 5) — Examination of the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act — Consideration of the exception where the suit contemplates urgent interim relief — Where a plaintiff seeks urgent relief, such as attachment before judgment under Order XXXVIII Rule 5 CPC, citing specific circumstances like the withdrawal of a bank guarante
India Law Library Docid # 2424868

(75) APSRTC, VIZIANAGARAM DIST AND ANOTHER Vs. YENNI GOWRI AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025
Motor Vehicles Act, 1988 — Section 166 — Negligence — Standard of Proof & Appreciation of Evidence — In motor accident claims, the standard of proof required to establish negligence is preponderance of probabilities, not proof beyond reasonable doubt Credible eyewitness testimony regarding the rash and negligent driving of the offending vehicle, corroborated by police documents, should be preferred over the driver’s denial, especially when the driver admits to being convicted in the related crim
India Law Library Docid # 2424885

(76) BALINA SRIMANNARAYANA Vs. M/S. SRR HOSPITALITIES PRIVATE LIMITED AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025
Civil Procedure Code, 1908 — Section 115 — Revision — Maintainability against Rejection of Review Application at Numbering Stage — Examination of whether a Civil Revision Petition is maintainable against an order of the trial court rejecting an application for review (under Order 47 Rule 1) prior to its numbering, particularly considering the doctrine of merger and distinguishing cases where review is dismissed on merits versus dismissed in limine without numbering.
India Law Library Docid # 2424897

(77) RMS CONSULTANTS PVT. LTD. AND OTHERS Vs. TRIDIVA ERGONOMIC INTERIORS (P.) LTD.[DELHI HIGH COURT] 17-04-2025
Civil Procedure Code, 1908 — S. 20(c) — Commercial Courts Act, 2015 — S. 13 — Territorial Jurisdiction — Cause of Action — Part thereof — Suit for Recovery — Determination of territorial jurisdiction in a commercial suit for recovery of money for interior designing, supply, and installation services — Discussion on where the cause of action arises, wholly or in part, under S. 20(c) CPC. Consideration of various elements including: place where the defendant approached the plaintiff, location of m
India Law Library Docid # 2424865

(78) DR JWALA PRASAD Vs. UNION OF INDIA MINISTRY OF CULTURE AND OTHERS[DELHI HIGH COURT] 17-04-2025
Service Law — Deputation — Appointment on Deputation vs. Transfer on Deputation — Premature Repatriation — Arbitrariness — Discussion on the distinction between ‘appointment on deputation’ and ‘transfer on deputation’ — Consideration of the legal principle that while premature repatriation of an employee on ‘appointment on deputation’ for a fixed initial term (extendable at discretion) is permissible, it cannot be effected in an arbitrary or capricious manner and requires sufficient cause, parti
India Law Library Docid # 2424866

(79) SHEELA DEVI AND ANOTHER Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Employees’ Compensation Act, 1923 — Section 4A(3)(b) — Statutory Penalty — Liability (Employer vs. Insurer) — It is settled law that the statutory penalty imposed upon an employer under Section 4A(3)(b) of the Act for default in paying compensation without justification is the sole liability of the employer and is not required to be indemnified by the Insurance Company — The Insurer's liability is limited to indemnifying the employer for the principal compensation amount and interest thereon (un
India Law Library Docid # 2424927

(80) M/S SUNSHINE BUILDERS AND DEVELOPERS Vs. HDFC BANK LIMITED THROUGH THE BRANCH MANAGER AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 18(1), Second Proviso — Appeal to Appellate Tribunal — Pre-deposit Requirement — Scope of “any order” under Section 17 — The expression “any order made by the Debts Recovery Tribunal [under section 17]” in Section 18(1), which is subject to the mandatory pre-deposit requirement under the second proviso for an appeal by the borrower, requires meaningful interpretation — A
India Law Library Docid # 2425053