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(181) HYDRAULICS AND PNEUMATICS [INDIA] LLP Vs. M/S. METAL ARC AGRI. LLP AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025
Civil Procedure Code, 1908 — Order 21 Rule 15(2) — Execution — Application by one of several joint decree-holders for execution of whole decree for benefit of all — Entitlement of partner of Limited Liability Partnership (LLP) claiming through supplementary agreement for shareholding in original partner — Whether such partner entitled to maintain application for execution of land acquisition award in favor of LLP
India Law Library Docid # 2425913

(182) M/S SEW INFRASTRUCTURE LTD. Vs. THE GOVERNMENT OF CHHATTISGARH[SUPREME COURT OF INDIA] 07-05-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Grounds — Jurisdiction — Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 — State legislation for dispute resolution through arbitration — Contract with State-Appointed Arbitrator — State challenging award under Section 34 of 1996 Act, alleging the State Act alone applies and
India Law Library Docid # 2425917

(183) HARJINDER SINGH Vs. THE STATE OF PUNJAB AND ANOTHER[SUPREME COURT OF INDIA] 06-05-2025
Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Nature of “Evidence” — The power vested in a Court under Section 319 CrPC to summon an additional accused is triggered by “evidence” that emerges during the course of an inquiry or trial, not by mere conjecture or suspicion — A statement rendered under oath and duly recorded in Court, such as the deposition of a prosecution witness (PW-1 in this instance), constitutes substant
India Law Library Docid # 2425400

(184) RAJENDRA ANANT VARIK Vs. GOVIND B. PRABHUGAONKAR[SUPREME COURT OF INDIA] 06-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Reversal of Acquittal by High Court — Failure to Consider a Valid Defence — Where a High Court, in an appeal against acquittal in a Section 138 NI Act prosecution, reverses the acquittal without adverting to a significant legal issue and valid defence (such as the applicability of a State-specific Money-Lenders Act which formed the basis of the acquittal by the First Appellate Court
India Law Library Docid # 2425401

(185) SAROJ SALKAN Vs. HUMA SINGH AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Code of Civil Procedure, 1908 — Order 12 Rule 6 — Power to Dismiss Suit — Scope and Discretion — The Court possesses wide discretion under Order XII Rule 6 CPC to pass a judgment at any stage of the suit, either on the application of a party or suo motu, based on admissions in pleadings or otherwise — This power is not confined to decreeing a claim but extends to the dismissal of the suit itself if admissions by the plaintiff, including in a rejoinder, warrant such dismissal.
India Law Library Docid # 2425402

(186) KUMARI REKHA Vs. SHAMBHU SARAN PASWAN[SUPREME COURT OF INDIA] 06-05-2025
Constitution of India — Article 142 — Power to Grant Divorce on Ground of Irretrievable Breakdown of Marriage — The Supreme Court, in exercise of its extraordinary powers under Article 142 of the Constitution, can dissolve a marriage on the ground of irretrievable breakdown, even if such a ground is not explicitly available under the Hindu Marriage Act, 1955, and even if one party vehemently opposes the dissolution — This power is exercised when the Court is satisfied,
India Law Library Docid # 2425403

(187) A. RAJA Vs. D. KUMAR[SUPREME COURT OF INDIA] 06-05-2025
Representation of the People Act, 1951 — Section 100(1)(a) & (d)(i) — Challenge to Caste Certificate in Election Petition — Scope of ‘Trial’ under State Caste Certificate Legislation — A duly issued Caste/Community Certificate, particularly one issued under a specific state legislation (like the Kerala (Schedule Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996) which provides a comprehensive mechanism for its issuance, verification, and cancellation, cannot be
India Law Library Docid # 2425404

(188) ARABIAN EXPORTS PRIVATE LIMITED Vs. NATIONAL INSURANCE COMPANY LTD[SUPREME COURT OF INDIA] 06-05-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6A) — Discharge Voucher — Economic Duress — Arbitrability of Dispute — The mere execution of a full and final settlement receipt or a discharge voucher by an insured in favour of an insurer does not automatically bar the insured from raising a dispute and seeking reference to arbitration, especially when the validity of such discharge is challenged on grounds of economic duress, coercion, or undue influence — At the stage of a Section
India Law Library Docid # 2425405

(189) DISTRICT APPROPRIATE AUTHORITY Vs. KAUSHIK BABULAL SHAH AND ANOTHER[SUPREME COURT OF INDIA] 06-05-2025
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — Section 29 (Proviso) — Preservation of Records/Case Property (Sonography Machine) — Meaning of “Final Disposal of Proceedings” — The mandate under the proviso to Section 29(1) of the PC & PNDT Act to preserve records and documents (including seized property like a sonography machine) till the “final disposal of such proceedings” must be applied reasonably — Where an accused has been acquitted by the Tri
India Law Library Docid # 2425490

(190) VIJAY KUMAR PADALIA Vs. STATE OF UTTARAKHAND AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
National Green Tribunal Act, 2010 — Sections 14 & 16 — Practice and Procedure — Conversion of Original Application to Appeal — Where appellant filed an Original Application (OA) challenging forest clearance for a road project, after being granted liberty by NGT to file a “comprehensive application” incorporating subsequent developments (including the clearance), and NGT dismissed the OA on the technical ground that challenge to sanction should have been by way of an appeal under S. 16, held, NGT
India Law Library Docid # 2425584

(191) GOPAL GOVIND LAKADE AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 06-05-2025
Constitution of India — Article 136 — Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Dismissal of S. 482 application by High Court without issuing notice or assigning reasons — Propriety — Where High Court dismissed appellant’s criminal application (seeking quashing of FIR, alleging a civil dispute was given criminal colour) with a cryptic order stating “After hearing the learned advocate for the applicants for sometime, we are not inclined even to issue notice in this matter
India Law Library Docid # 2425585

(192) STATE OF RAJASTHAN Vs. GOPAL AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8/18, 25, 29 & Section 42 — Code of Criminal Procedure, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings — Unauthorized Search as Ground — Respondents were charged under various sections of the NDPS Act following FIR No.552 of 2011 — The High Court, in exercise of its inherent powers under Section 482 CrPC, quashed the criminal proceedings, finding that the search was conducted by an officer not
India Law Library Docid # 2425653

(193) HINDUSTAN UNILEVER LIMITED Vs. DEPUTY DIRECTOR SUB REGIONAL OFFICE (SALEM)[SUPREME COURT OF INDIA] 06-05-2025
Employees State Insurance Act, 1948 — Section 1(4) — Applicability of Act — Exemption for seasonal factories — Factory engaged in manufacture of coffee, blending, packing, and repacking of coffee and chicory — Whether entitled to exclusion from ESI Act coverage as a seasonal factory — Question arises whether the appellant’s factory is liable to make contributions under the ESI
India Law Library Docid # 2425735

(194) ARAWALI POWER COMPANY Vs. SAT PARKASH (DEAD) THR LRS. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Land Acquisition Act, 1894 — Sections 23(1), 23(2), 23(1A), 28 & 34 — Land Acquisition — Compensation — Appropriation of payment — Deposit by judgment debtor into court specifying amounts under different heads (e.g., principal, interest, solatium) as per decree — Effect of acceptance by decree holder — Where decree specifies amounts under different heads and judgment debtor deposits specifically allocating amounts to those heads, acceptance by decrease-holder
India Law Library Docid # 2425829

(195) CHHATTISGARH DENTAL COLLEGE AND RESEARCH INSTITUTE Vs. SHWETA KABRA AND OTHERS ETC.[SUPREME COURT OF INDIA] 06-05-2025
. Education Law — Fee Fixation — Power of Committee — Retrospective Application — Fee Fixation Committee constituted pursuant to Supreme Court directions — Fee structure determined at Rs. 1,25,000/- effective from academic year 2005-2006 — High Court directing refund of excess fee paid by students admitted prior to academic year 2005-2006 by applying the fixed
India Law Library Docid # 2425912

(196) BEENA SRIVASTAVA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Supreme Court Rules, 2013 — Leave to Appeal — Granting of — Permission to pursue appeal against High Court order dismissing writ petition seeking direction to District Administration to consider representation for restoration of status quo ante granted. (Para 1)

B. Civil Procedure Code, 1908 — Suits — Inter Se Title Dispute — Resolution by Competent Jurisdictional Civil Court — Acknowledgment that inter se title over immovable
India Law Library Docid # 2425919

(197) MOHAMMED ASARUDEEN Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Unlawful Activities (Prevention) Act, 1967 — Section 44 — Protection of witnesses — Nature of provision — Sub-section (1) permits in camera proceedings for reasons recorded, with a non-obstante clause — Sub-section (2) allows measures for keeping identity and address of witnesses secret upon court’s satisfaction of danger to life, for reasons recorded — Unlike sub
India Law Library Docid # 2425920

(198) SHUBHKARAN SINGH Vs. ABHAYRAJ SINGH AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Civil Procedure Code, 1908 — Order 18 Rule 17 — Recall of witness — Scope and Ambit — The power vested in the Court under Or. 18 R. 17 is primarily for the Court itself to recall a witness suo motu or on application, to put questions for clarifying any ambiguity or doubt arising from the evidence already on record — It is not a provision intended to enable parties to fill up lacunae in their case, conduct further examination-in-chief or cross-examination, or place additional material/evidence wh
India Law Library Docid # 2425394

(199) POWERGRID COPORATION OF INDIA LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Electricity Act, 2003 — S. 178 — Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 — Regulation 53, Note 2 — Additional Capitalization — Replacement of Damaged Assets — Operation and Maintenance — Expenditure incurred on replacing damaged Inter-connecting Transformers (ICTs), which failed due to internal faults/fire shortly after commissioning, cannot be admitted as 'additional capitalization'
India Law Library Docid # 2425395

(200) THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED Vs. SMT. HONNAMMA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Motor Vehicles Act, 1988 — S. 147 — Liability — Tractor-Trailer Accident — Uninsured Trailer — Root Cause — Where an accident involving death occurs due to the overturning of a trailer being pulled by an insured tractor, the liability of the tractor’s insurer extends to cover the accident — The crucial factor is the root cause of the accident being the insured tractor’s action in pulling/driving/moving the trailer, leading to the mishap in an unbroken chain of events — Principles requiring separ
India Law Library Docid # 2425396