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(201) VISHAL TIWARI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Constitution of India — Article 32 — Writ Petition — Prayers — Suo Motu Criminal Contempt — FIR — Advisory on Hate Speech — Petition sought initiation of suo motu criminal contempt against Respondent No. 4 for remarks against the Supreme Court and CJI; direction for FIR under Bharatiya Nyaya Sanhita, 2023; and direction for an advisory to curb hate/provocative speeches relating to the Waqf (Amendment) Act, 2025
India Law Library Docid # 2425501

(202) HARIRAJAN PILLAI Vs. SIYAD[SUPREME COURT OF INDIA] 05-05-2025
Commercial Courts Act, 2015 — Proviso to Order V Rule 1 and Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 (as amended by the Commercial Courts Act) — Time Limit for Filing Written Statement — Mandatory Nature — Forfeiture of Right Beyond 120 Days — Non-Applicability of Section 5, Limitation Act, 1963 — In a commercial suit, the statutory period of 120 days for filing a written statement is mandatory, and upon the lapse of this period, the defendant forfeits the right to file the
India Law Library Docid # 2425503

(203) CHITHRA AND ANOTHER Vs. SASIKUMAR AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Constitution of India — Article 227 — Supervisory Jurisdiction of High Court — Rejection of Plaint — Usurpation of Original Jurisdiction and Supplanting Statutory Remedy under CPC — The supervisory power of the High Court under Article 227 of the Constitution is to be exercised sparingly to ensure subordinate courts and tribunals act within their jurisdiction and not to usurp the original jurisdiction of the trial court or to supplant statutory remedies available under the Code of Civil Procedur
India Law Library Docid # 2425504

(204) ARYAN GOEL Vs. THE STATE OF PUNJAB[SUPREME COURT OF INDIA] 05-05-2025
Criminal Procedure – Special Leave Petition – Pre-Arrest Bail – Grant of interim protection made absolute where petitioner cooperated with investigation.
India Law Library Docid # 2425654

(205) KALYANI TRANSCO Vs. M/S.BHUSHAN POWER AND STEEL LTD. AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Insolvency and Bankruptcy Code, 2016 – Section 62 – Appeal to Supreme Court – “Person Aggrieved” – Locus Standi – The phrase “any person aggrieved” in Section 62 indicates no rigid locus requirement for appealing an NCLAT order to the Supreme Court — Once CIRP is initiated, proceedings become in rem, making all creditors and other necessary stakeholders (including operational creditors and erstwhile promoters whose appeals were dismissed by NCLAT) potentially “persons aggrieved” entitled to file
India Law Library Docid # 2425313

(206) SHANMUGAM @ LAKSHMINARAYANAN Vs. HIGH COURT OF MADRAS[SUPREME COURT OF INDIA] 02-05-2025
Contempt of Courts Act, 1971 — Sections 2(c)(iii) & 12 — Criminal Contempt — Forgery and Fabrication of Court Orders — Interference with Administration of Justice — Creating fake interim orders of the High Court, purportedly staying execution of a decree, and producing such forged orders before the executing court (Court Amin) to prevent execution constitutes a gross act of criminal contempt under Section 2(c)(iii), being one of the most serious forms of interference with
India Law Library Docid # 2425314

(207) P. SAKTHI Vs. THE GOVERNMENT OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Service Law — Promotion — Right to Consideration — Effect of Set Aside Punishment — An employee possesses a fundamental right to be considered for promotion when eligible as per the rules and when selections are conducted — Denial of such consideration based on a past punishment is legally unsustainable and unjust if that punishment has already been set aside by a competent authority prior to the consideration period.
India Law Library Docid # 2425315

(208) AMAN BHATIA Vs. STATE (GNCT OF DELHI)[SUPREME COURT OF INDIA] 02-05-2025
Prevention of Corruption Act, 1988 — Section 2(c)(i) — “Public Servant” — Interpretation — Legislative Intent — Public Duty — The definition of “public servant” in Section 2(c) is comprehensive and requires a wide, purposive interpretation to advance the Act’s object of curbing corruption — The legislative intent, shifting from the repealed 1947 Act, emphasizes the performance of ‘public duty’ rather than solely the traditional master-servant or principal-agent relationship or mode of appointmen
India Law Library Docid # 2425316

(209) K.R. SURESH Vs. R. POORNIMA AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Contract Act, 1872 — Section 74 — Specific Relief Act, 1963 — Section 22 — Forfeiture of Earnest Money vs. Advance Money — Distinction and Applicability of S. 74 — Earnest money serves a dual purpose: part-payment and security for performance — Its forfeiture upon the purchaser’s default, if reasonable and explicitly provided for, generally falls outside the scope of penalty under Section 74 of the Contract Act — Conversely, forfeiture of ‘advance money’ (mere part-payment) or stipulations by wa
India Law Library Docid # 2425317

(210) ASF BUILDTECH PRIVATE LIMITED Vs. SHAPOORJI PALLONJI AND COMPANY PRIVATE LIMITED[SUPREME COURT OF INDIA] 02-05-2025
Arbitration and Conciliation Act, 1996 – Sections 2(1)(h), 7, 16 & 19 – Power of Arbitral Tribunal to Implead Non-Signatories – Group of Companies Doctrine and Mutual Consent – An Arbitral Tribunal possesses the authority and jurisdiction, rooted in Sections 2(1)(h) and 7 and exercisable under Section 16, to determine whether a non-signatory is bound by the arbitration agreement and, if so, to implead such non-signatory as a party to the arbitration proceedings — This power derives from the foun
India Law Library Docid # 2425318

(211) DR. VIMAL SUKUMAR Vs. D. LAWRENCE AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Church Law / Ecclesiastical Law — Church of South India (CSI) — Constitution and Bye-Laws — Amendments — Validity — Procedure — Assessment of the validity of amendments proposed/passed concerning the CSI Constitution (increasing retirement age of clergy) and Bye-Laws (qualifications of office bearers) during a Special Synod Meeting on 07.03.2022.
India Law Library Docid # 2425323

(212) KABIR PAHARIA Vs. NATIONAL MEDICAL COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Constitution of India — Articles 14, 16 & 21 — Rights of Persons with Disabilities Act, 2016 — Admission to Medical Education (MBBS) — Persons with Benchmark Disabilities (PwBD) — Substantive Equality & Reasonable Accommodation — The constitutional mandate of substantive equality under Articles 14, 16, and 21, read with the Rights of Persons with Disabilities Act, 2016, requires affording reasonable accommodations to Persons with Disabilities (PwD) and Persons with Benchmark Disabilities (PwBD)
India Law Library Docid # 2425325

(213) SANTOSH DEVI Vs. SUNDER[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 17 — Effect of fraud — Code of Civil Procedure, 1908 — Order VII Rule 6 — Grounds of exemption from limitation law — Suit for cancellation of sale deed — To claim exemption from the ordinary period of limitation under Section 17 of the Limitation Act on the ground of fraud, the plaintiff must specifically plead and prove not only the fraud pertaining to the transaction itself but, crucially, that they were, by means of such fraud, kept from the knowledge of their r
India Law Library Docid # 2425397

(214) PUNAM KUMARI SHARMA Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause vs. Length of Delay — Liberal and Pragmatic Approach — In examining a plea for condonation of delay under Section 5 of the Limitation Act, 1963, courts should focus on the sufficiency of the cause shown rather than the mere length of the delay; if a sufficient cause is demonstrated, the delay should be condoned irrespective of its duration, adopting a liberal, rational, common sense, and pragmatic approach to ensure subst
India Law Library Docid # 2425505

(215) EXECUTIVE ENGINEER, WORKS DIVISION, PWD Vs. FREGRENANDO ALEX NUNES AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Land Acquisition — Market Value — Determination — Sale exemplar method — Reliance on sale instances proximate to Section 4(1) notification — Such evidence not to be discarded without valid reason. (Para 10, 11)

B. Land Acquisition — Market Value — Determination — Sale exemplar method — Proximity in time — Sale instances 4-5 years prior to acquisition can be relied
India Law Library Docid # 2426431

(216) M/S. COAL INDIA LIMITED Vs. COMMISSIONER OF CUSTOMS (PORT), CUSTOMS HOUSE, KOLKATA[SUPREME COURT OF INDIA] 01-05-2025
Customs Act, 1962 — Section 14 — Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 — Rule 9(1)(e) — Assessable Value — Payments to Third Party (Indian Agent) — Payments made by an importer (Appellant) to an Indian agent/distributor (M/s Voltas Ltd.) of a foreign supplier, stipulated as a percentage of the FOB value and payable in addition to the price paid to the foreign supplier, are includible in the assessable value
India Law Library Docid # 2425256

(217) RAJU @ UMAKANT Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 01-05-2025
Penal Code, 1860 — Sections 366, 376(2)(g), 342 — Evidence Act, 1872 — Section 114A — Rape — Testimony of Prosecutrix — Corroboration — The testimony of a prosecutrix in a sexual assault case, if found to be credible, consistent, and confidence-inspiring despite minor contradictions or variations from initial reports, is sufficient for conviction without corroboration — A victim of sexual assault is not an accomplice, and her evidence should be evaluated keeping in mind she is an interested witn
India Law Library Docid # 2425284

(218) ASHOK KUMAR JAIN Vs. THE STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Commercial Disputes — Abuse of Process — The inherent power under S. 482 CrPC to quash an FIR should be exercised sparingly and cautiously — While the court cannot embark upon an enquiry into the reliability of FIR allegations at this stage, where the FIR itself, read with undisputed documents related to the transaction, clearly points towards a dispute primarily of a civil nature (like non-payment in a commercial transaction involv
India Law Library Docid # 2425285

(219) DINESH D PANCHAL AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025
Service Law — Railways — Seniority — Absorption of Surplus Staff — Indian Railway Establishment Manual (IREM), Para 313A — Railway Board Circular No. RE 106/2004 dated 26.06.2004 — Upon redeployment or absorption into a new unit/department due to being rendered surplus, Railway employees are treated as fresh entrants in the matter of seniority under Para 313A of IREM (introduced via Circular dated 26.06.2004) — They are not entitled to the benefit of past service rendered in the previous unit fo
India Law Library Docid # 2425286

(220) R. RANJITH SINGH AND OTHERS Vs. THE STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 01-05-2025
Service Law — Seniority — Direct Recruitment — Inter-se Seniority between Open Market Candidates and Departmental Candidates selected through same process — Basis of Seniority — Merit vs. Source — Constitution of India — Articles 14, 16 & 21 — Where recruitment to a post is made through a common direct recruitment process (including a common examination) involving candidates from the open
India Law Library Docid # 2425319