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(81) WIKIMEDIA FOUNDATION INC Vs. ANI MEDIA PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Interim Relief — Injunction — Stay by Supreme Court — Broad and Vague Relief — Implementability — Where an interim injunction granted by the High Court (restraining publication of allegedly false, misleading, defamatory content) is found by the Supreme Court to be very broadly worded, lacking clarity on who will decide the nature of the content, and prima facie incapable of specific implementation, the Supreme Court may stay such an injunction pending further proceedings or final disposal.
India Law Library Docid # 2425054

(82) STATE OF RAJASTHAN AND OTHERS Vs. COMBINED TRADERS[SUPREME COURT OF INDIA] 16-04-2025
Central Sales Tax Act, 1956 — Section 13(1)(d), Section 13(3), Section 13(4) & Section 8(4) — Central Sales Tax (Registration and Turnover) Rules, 1957 — Rule 12(1) — Central Sales Tax (Rajasthan) Rules, 1957 — Rule 17(20) — Rule-making power of State Government vs. Central Government — Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained th
India Law Library Docid # 2424727

(83) K. SHIKHA BARMAN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 16-04-2025
Criminal Law — Identity of Accused — Burden of Proof — In a criminal prosecution, particularly under the NDPS Act, the fundamental burden lies upon the prosecution to establish beyond a reasonable doubt the identity of the person accused as the perpetrator of the offence — Where the appellant contends a case of mistaken identity, alleging she was not the person originally arrested but was implicated later, the prosecution must prove that the appellant in court is unequivocally the same individua
India Law Library Docid # 2424728

(84) SURESH C. SINGAL AND OTHERS Vs. THE STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure – Quashing of Proceedings (Section 482 CrPC / Article 226 Constitution) – Principles for Exercise of Power — The inherent jurisdiction of the High Court under Section 482 CrPC, complemented by the power under Article 226 of the Constitution, to quash criminal proceedings (including FIR and chargesheet) should be exercised sparingly, with caution, and only to prevent abuse of the process of court or otherwise secure the ends of justice — The exercise of this power depends heavi
India Law Library Docid # 2424729

(85) IRWAN KOUR Vs. PUNJAB PUBLIC SERVICE COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Service Law — Reservation — Ex-Servicemen — Applicable Rules — State vs. Central Rules — For recruitment to posts under the Punjab State Government advertised by the Punjab Public Service Commission, the eligibility for reservation under the “ex-servicemen” category must be determined solely based on the definition provided in the Punjab Recruitment of Ex-Servicemen Rules, 1982 (Punjab Rules, 1982), framed under Article 309 of the Constitution — The Ex-Servicemen (Re-employment in Central Civil
India Law Library Docid # 2424730

(86) STATE OF KARNATAKA Vs. NAGESH[SUPREME COURT OF INDIA] 16-04-2025
Evidence Act, 1872 — Appreciation of Evidence — Minor Discrepancies & Time Lag — Minor discrepancies, inconsistencies, or memory lapses in the testimonies of prosecution witnesses, especially the complainant and shadow witness, are natural and likely to occur when witnesses depose after a considerable lapse of time (10 years in this case) from the date of the incident — Such minor variations, which do not go to the root of the matter or shake the basic version of the prosecution case regarding d
India Law Library Docid # 2424731

(87) S.C. GARG Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure — Res Judicata in Criminal Proceedings — Applicability The principle of res judicata is applicable to criminal proceedings — A finding on a specific factual issue reached by a competent criminal court in a prior proceeding (rejection of a defence in a Section 138 NI Act case) is binding on the same parties in subsequent criminal proceedings where the same factual issue arises (Section 420 IPC prosecution based on the very defence rejected earlier) — A party cannot initiate a
India Law Library Docid # 2424732

(88) SATISH CHANDER SHARMA AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Constitution of India — Article 32 — Maintainability — Challenge to Supreme Court Judgment — A writ petition under Article 32 of the Constitution is not maintainable for the purpose of assailing the correctness or validity of a final judgment rendered by the Supreme Court, including judgments passed in appeals arising out of Special Leave Petitions under Article 136 — Such judgments cannot be challenged directly or collaterally through fresh writ proceedings under Article 32.
India Law Library Docid # 2424733

(89) THE CORRESPONDENCE, RBANMS EDUCATIONAL INSTITUTION Vs. B. GUNASHEKAR & ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Civil Procedure Code, 1908 — Order VII Rule 11(a) & (d) — Rejection of Plaint — Scope and Duty of Court — The power under Order VII Rule 11 CPC to reject a plaint is a mandatory duty of the court if the conditions are met — While deciding such an application, the court must consider only the averments in the plaint and the documents relied upon by the plaintiff — However, the court is not bound by clever drafting that creates an illusion of a cause of action — It must read the plaint meaningfull
India Law Library Docid # 2424734

(90) LAKHANI HOUSING CORPORATION PVT. LTD. AND ANOTHER Vs. THE STATE OF MAHARASTHRA AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Town Planning & Development — MHADA — Redevelopment on Private Land — DCPR 33(9) — The Maharashtra Housing and Area Development Authority (MHADA) possesses the jurisdiction under Regulation 33(9) of the Development Control and Promotion Regulations, 2034 (DCPR) to initiate and undertake Cluster Development Schemes (CDS) even on privately owned freehold lands, provided such development is carried out jointly with the landowners and/or Cooperative Housing Societies of the occupants.
India Law Library Docid # 2424735

(91) R. BAIJU Vs. THE STATE OF KERALA[SUPREME COURT OF INDIA] 16-04-2025
Criminal Law — Criminal Conspiracy (Section 120B IPC) — Proof — Inference from Circumstances — A charge of criminal conspiracy under Section 120B IPC can be established primarily through inference drawn from the surrounding circumstances, acts, and conduct of the accused — Where evidence demonstrates a clear motive (arising from prior altercations involving the accused), the accused's presence with co-accused near the crime scene shortly before the offence, and the subsequent commission of the o
India Law Library Docid # 2424736

(92) RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SWATI SHARMA AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Motor Vehicles Act, 1988 — Negligence — Appreciation of Evidence — Contradictory Evidence of Driver and IO — In determining negligence in a motor accident claim, the testimony of the driver of the offending vehicle (RW1), being inherently self-serving (“interested testimony”), carries little weight, especially when contradicted by other evidence or contains inconsistencies (denying collision admitted by IO) — Similarly, the deposition of the Investigating Officer (RW3) suggesting contributory ne
India Law Library Docid # 2424737

(93) SUSHILA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 498A, 323, 504, 506 — Dowry Prohibition Act, 1961 — Section 4 — Quashing of Complaint and Summoning Order — Matrimonial Dispute — Allegations against Husband’s Relatives — Abuse of Process — Where a complaint under S. 498A IPC and S. 4 DPA is filed against the relatives of the husband (mother, brothers, sister-in-law, sister) years after the dissolution of marriage by an ex-parte divorce decree, and the allegations against
India Law Library Docid # 2424769

(94) SUSHILA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 498A, 323, 504, 506 — Dowry Prohibition Act, 1961 — Section 4 — Quashing of Complaint and Summoning Order — Matrimonial Dispute — Allegations against Husband’s Relatives — Abuse of Process — Where a complaint under S. 498A IPC and S. 4 DPA is filed against the relatives of the husband (mother, brothers, sister-in-law, sister) years after the dissolution of marriage by an ex-parte divorce decree, and the allegations against
India Law Library Docid # 2424799

(95) HAZRAT SAATPEER SAYED BABA DARGAH Vs. NASHIK MUNICIPAL CORPORATION AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Judicial Administration & Procedure — Listing of Cases — Urgent Matters — High Courts — Where serious allegations are made, supported by counsel's statement assuming responsibility, that a High Court repeatedly refused to list an urgent writ petition challenging an imminent demolition notice despite daily efforts since filing, the Supreme Court may take extraordinary measures
India Law Library Docid # 2424802

(96) KAMAL AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — S. 498-A IPC — Matrimonial Disputes — When exercising power under S. 482 CrPC in matrimonial disputes involving S. 498-A IPC allegations, especially when levelled long after marriage and soon after divorce proceedings are initiated by one party, the Court must be circumspect — It should examine if allegations, particularly against relatives, are
India Law Library Docid # 2424804

(97) M.W.R.JAYAKAR A1 Vs. STATE OF A.P., REP. BY INSPECTOR OF POLICE, ACB[TELANGANA HIGH COURT] 16-04-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) — Proof of Demand — Sine Qua Non — Proof of demand of illegal gratification is the sine qua non for constituting offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 — Mere acceptance or recovery of money, in the absence of proof of demand beyond reasonable doubt, is insufficient to sustain a conviction — The presumption under Section 20 of the Act can only be drawn upon proof of acceptance pursuant to a demand
India Law Library Docid # 2424839

(98) RIKHAB BIRANI AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Penal Code, 1860 — Sections 406, 415, 420 — Criminal Procedure Code, 1973 — Section 482 — Distinction between Civil Wrong and Criminal Offence — Breach of Contract vs. Cheating/Criminal Breach of Trust — A mere breach of contract or failure to pay money due under an agreement does not automatically constitute a criminal offence like cheating or criminal breach of trust — The initiation of criminal proceedings for disputes that are essentially civil in nature, arising out of contractual obligati
India Law Library Docid # 2424847

(99) R. ANNAMALAI Vs. LALITHA SUBANAM[SUPREME COURT OF INDIA] 16-04-2025
Constitution of India — Article 142 — Irretrievable Breakdown of Marriage — Dissolution of Marriage — Where the Court finds, based on the prolonged separation of the parties (since 2006), lack of emotional connection, and failed mediation attempts, that the marriage between the appellant and the respondent has irretrievably broken down, the Court can exercise its plenary powers under Article 142 of the Constitution of India to grant a decree of divorce and dissolve the marriage on the ground of
India Law Library Docid # 2424848

(100) BALRAM DANGI Vs. VEER SINGH DANGI AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 389(1) — Suspension of Sentence Pending Appeal — Recording of Reasons — Mandatory Requirement — Section 389(1) CrPC mandatorily requires the Appellate Court to record reasons in writing for ordering the suspension of execution of a sentence pending appeal Failure to assign any reasons while suspending the sentence, especially in cases involving conviction for serious offences like Section 302 IPC, constitutes a gross error and renders the order leg
India Law Library Docid # 2424860