(161) NAJMA AND OTHERS Vs. THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 01-04-2025 Code of Criminal Procedure, 1973 — S. 439 — Grant of Bail — Conditions — Jurisdiction — Restoration of Possession — A Court exercising jurisdiction under S. 439 CrPC, while granting bail, acts beyond its scope and power if it imposes a condition requiring the accused to handover possession of immovable property to the de facto complainant — Such a condition effectively amounts to passing a decree for restoration of possession, which is impermissible in bail proceedings — Legal position clarified India Law Library Docid # 2424204
(162) STATE OF WEST BENGAL AND ANOTHER Vs. MOUMITA SAHA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Service Law — Transfer — Writ of Mandamus — Judicial Interference — Power of High Court — State challenged Division Bench order directing transfer of Assistant Professor to a specific college near her parental home, setting aside Single Judge’s dismissal of writ petition — Division Bench issued mandamus primarily on grounds of equity and personal hardship (commute distance, ailing parents) — Supreme Court held that High Court erred in issuing such a mandamus directing transfer, as it amounted to India Law Library Docid # 2424603
(163) VINAY MALAIYA Vs. KAILASH MAKWANA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025 Contempt of Court — Compliance with Directions — Constitution of Special Investigation Team (SIT) — Allegation that respondent-police authorities failed to comply with directions dated 06.08.2024 regarding the specific ranks of officers (Inspector General, Senior Superintendent, Superintendent/Additional Superintendent) to constitute an SIT — Subsequent clarification/modification dated 27.09.2024 permitting inclusion of an officer in the rank of Superintendent of Police instead of Senior Superin India Law Library Docid # 2424645
(164) SAHIL GARG Vs. VAULT LIQUOR PRIVATE LIMITED AND OTHERS ETC[SUPREME COURT OF INDIA] 01-04-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Interim Relief — Grant of Status Quo — Necessity of Reasoned Order — High Court granting interim relief directing parties to maintain status quo regarding liquor vend allotments under Excise Policy 2025-26, thereby restraining implementation of allotments — Supreme Court deprecated the grant of such interim relief without recording any reasons, howsoever brief, evincing application of mind regarding prima facie case, balance of convenience, and India Law Library Docid # 2424646
(165) M/s. PARSVNATH FILM CITY LTD. Vs. CHANDIGARH ADMINISTRATION AND OTHERS[SUPREME COURT OF INDIA] 30-03-2025 Arbitration and Conciliation Act, 1996 — Ss. 34 & 37 — Scope of Judicial Interference — Setting Aside of Award — Public Policy — High Court, exercising powers under S. 37, set aside a well-reasoned arbitral award (which was upheld under S. 34 by the District Court) by re-appreciating evidence and substituting its own view on contractual breaches — Supreme Court held that the High Court exceeded its jurisdiction, as the arbitral tribunal’s findings on breaches by the respondent (Chandigarh Admini India Law Library Docid # 2424655
(166) THE STATE OF JHARKHAND AND OTHERS Vs. RUKMA KESH MISHRA[SUPREME COURT OF INDIA] 28-03-2025 Disciplinary Proceedings — Charge-Sheet — Approval by Competent Authority — Applicable Rules (Civil Services (Classification, Control and Appeal) Rules, 1930) — Where the governing service rules (like the 1930 Rules) do not explicitly mandate that the charge-sheet itself must be approved by the Disciplinary or Appointing Authority, separate from the approval for initiating proceedings, the disciplinary action cannot be invalidated solely on this ground, especially when the proposal for initiatin India Law Library Docid # 2423995
(167) GASTRADE INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS, KANDLA[SUPREME COURT OF INDIA] 28-03-2025 Customs Tariff Act, 1975 — First Schedule, Chapter 27 — Classification — Mineral Fuels/Oils — High Speed Diesel (HSD) vs. Base Oil — Indian Standard IS 1460:2005 — General Rules for Interpretation (GRI), Rule 1 & Rule 4 ('Most Akin' Test) — The central issue involved the classification of imported goods, contested as either Base Oil (CTH 27101960) or High Speed Diesel (HSD) (CTH 27101930) — HSD classification under Chapter 27, Supplementary Note (e), requires conformity to all parameters specifi India Law Library Docid # 2423996
(168) IMRAN PRATAPGADHI Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 28-03-2025 Constitution of India — Art. 19(1)(a) & Art. 21 — Freedom of Speech and Expression — Interpretation of Creative Work (Poem) — Duty of State Machinery — Freedom of speech and expression under Art. 19(1)(a) is a paramount fundamental right, integral to a dignified life under Art. 21 and the foundation of a healthy democracy — The State's law enforcement machinery is obligated under Art. 51-A(a) to abide by the Constitution and respect its ideals, including the liberty of thought and expression — W India Law Library Docid # 2423997
(169) RAMESH KUMARAN AND ANOTHER Vs. STATE THROUGH THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025 Criminal Procedure Code, 1973 (CrPC) – Section 482 – Constitution of India – Article 142 – Quashing of FIR and Criminal Proceedings – Cross-Cases involving Advocates – Settlement and Apology. — In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed t India Law Library Docid # 2423916
(170) ARUN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025 Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Appreciation of Evidence – Eyewitness Testimony – Related/Interested Witnesses & Child Witness – Reliability — Conviction for murder based solely on the ocular evidence of related/interested witnesses (deceased's father, wife, brothers) and a child witness (nephew) cannot be sustained when their testimonies are found to be completely untrustworthy and specious due to India Law Library Docid # 2423917
(171) SAMTOLA DEVI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Family Law – Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Power of Tribunal to Order Eviction – Scope and Limitations – Sections 4, 5, 23 — While the primary object of the Senior Citizens Act, 2007, particularly Chapter II, is to provide for maintenance of parents and senior citizens, the Tribunals constituted thereunder may have the power to order eviction of children/relatives in certain circumstances — This power, not explicitly granted by the statute for general occupat India Law Library Docid # 2423918
(172) ASLAM ALIAS IMRAN Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025 Penal Code, 1860 (IPC) – Section 302 – Murder – Appreciation of Evidence – Reliability of Eyewitnesses – Benefit of Doubt — Conviction for murder under Section 302 IPC cannot be sustained when based solely on the testimonies of eyewitnesses (PW-1, PW-2, PW-3) whose evidence suffers from serious infirmities and fails to inspire confidence — The cumulative effect of contradictions, unnatural conduct, unexplained delay in recording statements, and potential suppression of evidence casts a serious d India Law Library Docid # 2423919
(173) R. SHASHIREKHA Vs. STATE OF KARNATAKA AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Criminal Procedure Code, 1973 – Section 482 – Penal Code, 1860 – Sections 306 and 420 – Quashing of FIR – Abetment of Suicide – Cheating – Principles for quashing – Proximity in Abetment – Sufficiency of Reasoning – The appellant challenged the High Court's order under Section 482 CrPC quashing an FIR against respondents — The allegations stemmed from the suicide of the appellant's husband, purportedly due to financial cheating, forgery, and blackmail by the respondents detailed in a death note India Law Library Docid # 2423920
(174) M/S JSW STEEL LIMITED Vs. PRATISHTHA THAKUR HARITWAL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Insolvency and Bankruptcy Code, 2016 – Section 31 – Resolution Plan – Binding Nature – Extinguishment of Claims – Statutory Dues – Clean Slate Principle – Contempt of Courts Act, 1971 – Section 2(b) – Constitution of India – Articles 129, 142 – State Tax Authorities faced contempt for demanding pre-approval taxes (Sales Tax, VAT, Entry Tax) from an SRA after NCLT approved an IBC Resolution Plan under Sec 31, despite being notified of the Ghanshyam Mishra ruling— These dues weren't in the plan — India Law Library Docid # 2423921
(175) MADHYA PRADESH ROAD DEVELOPMENT CORPORATION Vs. VINCENT DANIEL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Land Law —Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 26 — Determination of Market Value — Applicability of ‘Theory of Deduction’ — Interpretation of Section 26(1) and Explanation 4 India Law Library Docid # 2423915
(176) CHANDRASEKHAR RAMESH GALANDE Vs. SATISH GAJANAN MULIK AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Criminal Proceedings — Scope of Interference — The High Court is justified in quashing criminal proceedings under Section 482 CrPC when, upon examination of the allegations recorded in the FIR, it concludes that the essential ingredients of the alleged offences are not made out, and the allegations amount merely to a promise or India Law Library Docid # 2424050
(177) K R JAYACHANDRAN Vs. STATE OF KERALA AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025 Bail — Anticipatory Bail — Grant by Supreme Court — Offences under IPC & POCSO Act — Factors Considered — Appellant sought anticipatory bail under S. 482 BNSS, 2023 (equivalent to S. 438 CrPC, 1973) facing serious allegations under IPC (including S. 376 provisions) and POCSO Act involving a minor child — High Court rejected the application — Supreme Court, having previously granted interim protection conditional upon cooperation with investigation, noted the appellant's submission of having appe India Law Library Docid # 2424653
(178) T. UDAYKUMAR Vs. RAVICHANDRAN AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Land Acquisition Act, 1894 — Acquisition by State Housing Board — Determination of acquired area — Clerical error in order mentioning acquired land as 4.05 acres instead of 4.95 acres rectified by reference to compensation amount awarded, which corresponded to 4.95 acres — Title vested with Housing Board upon valid acquisition — Subsequent sale deeds executed by erstwhile owners or their successors are void ab initio as sellers lacked title — Ratification deed purporting to India Law Library Docid # 2424801
(179) REKHA SHARAD USHIR Vs. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD[SUPREME COURT OF INDIA] 26-03-2025 Negotiable Instruments Act, 1881 (NI Act) — Section 138 — Criminal Procedure Code, 1973 — Sections 200, 203, 204 — Suppression of Material Facts in Complaint — Abuse of Process of Law — Duty of Magistrate — Filing a complaint under Section 138 of the NI Act while deliberately suppressing material facts and documents constitutes an abuse of the process of law, disentitling the complainant to seek justice — Where the accused, upon receiving the statutory demand notice, had sent letters demanding c India Law Library Docid # 2423908
(180) THE CHIEF OFFICER, NAGPUR HOUSING AND AREA DEVELOPMENT BOARD (A MHADA UNIT) AND OTHERS Vs. MANOHAR BURDE[SUPREME COURT OF INDIA] 26-03-2025 Consumer Protection Act, 1986 — Housing — Delay in Possession — Refund — Rate of Interest — Reasonableness — When possession of an allotted flat/plot is significantly delayed by a development authority/housing board and the home buyer opts for a refund, the buyer is entitled to a refund of the deposited amount with reasonable interest thereon — Interest @ 9% p.a., as awarded by the NCDRC considering the entirety of facts, was held to be fair and reasonable — The High Court's enhancement of inter India Law Library Docid # 2423909