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(21) UNION OF INDIA REP BY GOVERNMENT OF PUDUCHERRY AND ANOTHER Vs. K. VELAJAGAN AND OTHERS [SUPREME COURT OF INDIA] 04-02-2025
Service Law — Appointment — Respondents 1-3, appointed as hourly basis lecturers in 2005, sought regularization with benefits — They filed an application with the CAT, which was upheld by the High Court but partially overturned by the Supreme Court, which directed a regularization scheme — The main issue was the legality and timing of their regularization amidst delays in recruitment and widespread ad hoc appointments — The Union argued the appointments were illegal due to procedural defects and
India Law Library Docid # 2422292

(22) SRI MOHAN KUMAR @ SHASHIDARA POOJARY @ SUNDARA RAI Vs. IV ADDL. DISTRICT AND SESSIONS JUDGE DAKSHINA KANNADA[SUPREME COURT OF INDIA] 04-02-2025
Appellant in a death penalty case, is appearing before the Supreme Court via video conferencing — He has requested legal representation — The court is addressing issues of proper legal representation, sentencing considerations, and a psychological evaluation of the appellant — It directs the Jail Authorities to formalize representation through a vakalatnama and affidavit — The State of Karnataka is instructed to provide reports on the appellant's conduct from Probation Officers and the Jail Supe
India Law Library Docid # 2422297

(23) MADHAV KANT MISHRA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025
Public Interest Litigation — Child's mother's name in official records — The petitioner sought a direction to include the name of a child’s mother in all official and public records, with the entry of the father’s name being optional — The petitioner has passed away — The central issue was whether to mandate the inclusion of the mother's name in official and public records, and whether the entry of the father's name could be optional — The petitioner argued for the mandatory inclusion of the mot
India Law Library Docid # 2422298

(24) GODREJ PROJECTS DEVELOPMENT LIMITED Vs. ANIL KARLEKAR AND OTHERS[SUPREME COURT OF INDIA] 03-02-2025
Contract Act, 1872 — Section 74 — Forfeiture of Earnest Money — The court upheld the principle that forfeiture of earnest money is permissible under contract law, provided the terms of the contract are clear and explicit — However, the forfeiture must be reasonable and not unconscionable or one-sided — The court found that the forfeiture of 20% of the Basic Sale Price (BSP) as per the agreement was unreasonable and disproportionate, especially in light of the one-sided nature of the contract, wh
India Law Library Docid # 2422256

(25) GULSHAN KUMAR Vs. INSTITUTE OF BANKING PERSONNEL SELECTION AND OTHERS[SUPREME COURT OF INDIA] 03-02-2025
Rights of Persons with Disabilities (RPWD) Act, 2016 — Benefits and Facilities — The Supreme Court in a Public Interest filed by a person with a disability, ruled that all benefits and facilities previously restricted to persons with benchmark disabilities (PwBD) must now be extended to all persons with disabilities (PwD) — The Court directed the Ministry of Social Justice and Empowerment (Respondent No.5) to revise its guidelines, issued on 10.08.2022, to remove restrictions and ensure that all
India Law Library Docid # 2422257

(26) MAHENDRA DEV Vs. RADHE SHYAM PANDEY[SUPREME COURT OF INDIA] 03-02-2025
Contempt Proceedings — Contempt Proceedings should be paused when an appeal against the order in question is pending, especially when a stay of that order has been requested, as this prevents the remedy of appeal from being undermined — The court emphasizes that while filing an appeal does not automatically mean the original order can be ignored, changes made in compliance with an order being appealed can cause prejudice — The court also highlights that it is not appropriate to demand compliance
India Law Library Docid # 2422294

(27) M/S. C & C CONSTRUCTIONS LTD. Vs. IRCON INTERNATIONAL LTD.[SUPREME COURT OF INDIA] 31-01-2025
Arbitration and Conciliation Act, 1996 — Section 37 — Contractual clauses — Enforceability of Clause 49.5 of the General Conditions of Contract (GCC) — The Court upheld the validity and enforceability of Clause 49.5 of the GCC, which states that in the event of any failure or delay by the employer (respondent) in fulfilling its obligations under the contract, the contractor (appellant) is not entitled to claim damages or compensation — Instead, the contractor is only entitled to an extension of
India Law Library Docid # 2422149

(28) KULDEEP SINGH Vs. THE STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025
Penal Code, 1860 (IPC) — Sections 375 Exception 2 and 376 — Marital Exception to Rape — The court reaffirmed the principle that sexual intercourse between a husband and wife cannot be considered rape under Exception 2 to Section 375 of the IPC, provided the wife is above the age of 18 — This reinforces the existing legal position that marital rape is not recognized as a crime under Indian law, except in cases where the wife is a minor
India Law Library Docid # 2422150

(29) RAKESH KUMAR CHARMAKAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025
M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979 — Legal Right to Regular Pay Scale — The court established that employees who fulfill the conditions stipulated in government circulars and rules have a legal right to claim regular pay scales — The appellants, having completed more than ten years of service and having been appointed against sanctioned posts, were held to have a legal right to regular pay scales under the 1979 Rules and the Circ
India Law Library Docid # 2422151

(30) SAU. JIYA Vs. KULDEEP[SUPREME COURT OF INDIA] 31-01-2025
Hindu Marriage Act, 1956 — Sections 12 and 13 — Family Courts Act, 1984 — Sections 6 and 9 — Irretrievable breakdown of marriage — Where the parties have agreed to a divorce but are in dispute over maintenance or permanent alimony, the court must determine the quantum of maintenance based on a balanced consideration of various factors, including the financial status of both parties, the standard of living during the marriage, and the reasonable needs of the dependent spouse — The court should ai
India Law Library Docid # 2422152

(31) KARAN SINGH Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 31-01-2025
Penal Code, 1860 (IPC) — Section 304-B — Dowry Death — Essential Ingredients of Section 304-B — The prosecution must prove the following essential ingredients to establish a case of dowry death under Section 304-B of the Indian Penal Code (IPC)
India Law Library Docid # 2422153

(32) KARUPPUDAYAR Vs. STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, LALGUDI TRICHY AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r) and 3(1)(s) — Interpretation of "Place within Public View" — For an offence to be constituted under Sections 3(1)(r) and 3(1)(s) the act of insult or intimidation must occur in a place "within public view" — A place "within public view" refers to a location where members of the public can witness or hear the incident — It does not necessarily have to be a public place but must be accessible to the publi
India Law Library Docid # 2422154

(33) SHRIPAL AND ANOTHER Vs. NAGAR NIGAM, GHAZIABAD[SUPREME COURT OF INDIA] 31-01-2025
U.P. Industrial Disputes Act, 1947 — Sections 6E and 6N — Violation of Statutory Provisions i.e Sections 6E and 6N — The termination during the pendency of conciliation proceedings violated Section 6E which prohibits altering service conditions or terminating employees without prior approval from the concerned authority — The termination also violated Section 6N, which mandates proper notice, wages in lieu of notice, and
India Law Library Docid # 2422255

(34) KUMARI SAHU Vs. BHUBANANANDA SAHU AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 225 days — The appellant, a homemaker, filed a civil suit seeking declarations as the legally married wife of the late 'R' and regarding the legitimacy of the respondents as his children — The suit and her first appeal were dismissed — She filed a second appeal with a 225-day delay, which the High Court of Orissa dismissed based on the delay — The appellant argued that the delay was due to her counsel's negligence and that she, b
India Law Library Docid # 2422295

(35) VELLORE DISTRICT ENVIRONMENT MONITORING COMMITTEE REP. BY ITS SECRETARY MR. R. RAJEBDRAN Vs. THE DISTRICT COLLECTOR, VELLORE DISTRICT AND OTHERS[SUPREME COURT OF INDIA] 30-01-2025
Environment Law — Polluter Pays Principle — The polluter is absolutely liable for the harm caused to the environment and must bear the cost of both compensating the victims and restoring the damaged ecology — This liability is continuous and does not cease until the environmental damage is fully reversed — The principle applies not only to compensating individuals affected by pollution but also to the cost of reversing ecological damage.
India Law Library Docid # 2422132

(36) M/S. JM LABORATORIES AND OTHERS Vs. STATE OF ANDHRA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 30-01-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 192, 202, 204, 468(2) and 482 — Drugs and Cosmetics Act, 1940 — Sections 16, 18(a)(i), 27(d) and 32 — Mandatory Reasoning in Summoning Orders — The Supreme Court holds that when a magistrate issues process (summons) against an accused in a criminal case, the order must contain reasons for doing so — The magistrate is required to apply his mind to the facts of the case and the applicable law, examining the nature of the allegations and the evidence
India Law Library Docid # 2422133

(37) INOX AIR PRODUCTS LIMITED NOW KNOWN AS INOX AIR PRODUCTS PRIVATE LIMITED AND ANOTHER Vs. THE STATE OF ANDHRA PRADESH[SUPREME COURT OF INDIA] 30-01-2025
Drugs and Cosmetics Act, 1940 — Section 3(f) — Definition of 'Manufacture' — The term 'manufacture' includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up, or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution — It does not include compounding or dispensing of any drug or the packing of any drug or cosmetic in the ordinary course of retail business
India Law Library Docid # 2422134

(38) PARIMAL KUMAR AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 30-01-2025
Jharkhand Primary School Assistant Acharya Cadre (Recruitment, Promotion and Service Condition), Rule, 2022— Jharkhand Primary School Sahayak Acharya Sanwarg (Assistant Teacher Cadre) (Appointment, Promotion and Service Conditions) (Third Amendment) Rules, 2024 — Eligibility Criteria Cannot Be Changed Midway During Recruitment Process — The court held that once the recruitment process has commenced (i.e., from the date of the advertisement), the eligibility criteria cannot be altered midway unle
India Law Library Docid # 2422155

(39) LOK PRAHARI THROUGH ITS GENERAL SECRETARY S.N.SHUKLA I.A.S. (RETD) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 30-01-2025
High pendency of cases — Supreme Court allows High Courts to appoint ad-hoc Judges under Article 224A of the Constitution, even if the vacancy exceeds 20% of the sanctioned strength, and sets a limit of 10% of the sanctioned strength for such appointments — The Court adopts a continuing mandamus to monitor the situation and ensure the backlog is addressed
India Law Library Docid # 2422156

(40) MS MAJA DARUWALA AND ANOTHER Vs. STATE OF WEST BENGAL AND ANOTHER[SUPREME COURT OF INDIA] 30-01-2025
Foreigners Act, 1946 — Sections 14A and 14B —Constitution of India, 1950 — Article 21 — Right to Liberty and Fair Trial — Illegal Detention Post-Sentence — The prolonged detention of illegal immigrants from Bangladesh after they have completed their sentence under the Foreigners Act, 1946, is violative of their fundamental right to life and personal liberty guaranteed under Article 21 — Administrative Overreach — The executive policies and procedures that allow for indefinite detention pending r
India Law Library Docid # 2422259