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(261) SRIKANT KUMAR @ SHRIKANT KUMAR Vs. THE STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — The Supreme Court addressed a case where a man claimed he was forced into marriage and then made to pay maintenance to his wife as a condition for bail — The man stated that he was abducted and forced into a marriage ceremony by the woman's family and that he had filed for annulment of the marriage — He was then ordered to pay maintenance by the High Court as a pre-condition for bail — The Supreme Court noted that bail conditions should only ensure the accused is available for
India Law Library Docid # 2421635

(262) RAJINDER SINGH Vs. KRISHAN DUTT [SUPREME COURT OF INDIA] 06-01-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Compromise — Supreme Court addressed a case where a man was convicted for a dishonoured cheque and sentenced to one year imprisonment and ordered to pay Rs. 4,00,000 in compensation — Subsequently, the parties reached a compromise where the man agreed to pay Rs. 4,00,000, with part of the payment made to the court and part directly to the other party — The Supreme Court, upon the man's offer to deposit an additional Rs. 1,00,
India Law Library Docid # 2421637

(263) SHARMISHTHA DAS Vs. MRINAL ACHARJEE [SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — Transfer Petition — Supreme Court addressed a transfer petition filed by a wife seeking to move her divorce case from Dhanbad, Jharkhand, to Serampore, Hooghly, West Bengal — The respondent did not appear despite repeated calls — The Court allowed the transfer based on the petitioner's claims that she needs to care for her widowed mother and ailing son, fears for her safety if she visits Dhanbad, and is unable to effectively defend the proceedings due to the long distance — The
India Law Library Docid # 2421639

(264) PUNJAB STATE FOREST DEVELOPMENT CORPORATION LIMITED Vs. RAJWINDER DEVI AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Environment Law — Cutting of Trees — Compensation — Supreme Court addressed a case concerning a dispute over compensation for cutting and removal of standing trees — The Punjab State Forest Development Corporation Limited (the Corporation) had sold the rights to cut and remove trees to M/s J.S. Constructions — After an accident occurred, the respondents (claimants) were awarded compensation — The Corporation argued that it should not be liable for the accident — The Court reviewed agreements bet
India Law Library Docid # 2421640

(265) BHARAT AAMBALE Vs. THE STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 06-01-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 52 — Substantial Compliance is Key — The court has consistently held that what is required is substantial compliance with the procedure laid out in Section 52A of the NDPS Act and its related rules, not necessarily strict, letter-by-letter adherence — This means that the core purpose of the procedure, which is to ensure the integrity of the evidence, must be met.
India Law Library Docid # 2421809

(266) TANVI VIJAYAKUMAR NAIR @ DR. TANVI. V NAIR AND ANOTHER Vs. RAHUL S KUMAR [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer Petition — Supreme Court allowed a transfer petition filed by petitioner-wife who is seeking to move proceedings related to her divorce and other family matters from Thiruvananthapuram, Kerala, to Bengaluru, Karnataka — The Court noted that the petitioner has moved to Bengaluru with her son for work purposes, and that it would be inconvenient for her to continue proceedings in Thiruvananthapuram, which is about 700 km from her current residence — The respondent did not
India Law Library Docid # 2421648

(267) ALISHA BERRY Vs. NEELAM BERRY [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer Petition — Supreme Court addressed a transfer petition filed by petitioner, seeking to move a case from Delhi to Ludhiana, Punjab — The court noted that the petitioner's husband's divorce petition had already been transferred to Ludhiana — The court also observed that the trial court had improperly issued bailable warrants against the petitioner, as proceedings under the DV Act are quasi-criminal and do not warrant such measures unless there is a breach of a protection
India Law Library Docid # 2421649

(268) NIDHI YADAV Vs. VIJAY KUMAR YADAV [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Divorce by Mutual Consent — Supreme Court addressed a case where a husband and wife reached an amicable settlement through mediation to dissolve their marriage — The couple's arranged marriage took place on February 27, 2017, but they separated on December 8, 2017, and have no children — They agreed to end their matrimonial ties and live separately forever — As part of the settlement husband will pay Nidhi Yadav Rs. 5,00,000 for all past, present, and future claims, and both pa
India Law Library Docid # 2421650

(269) BAVISETTY (YERNAGULA) MALATHI Vs. BAVISETTY SANTOSH KUMAR[SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer Petition — Supreme Court allowed the transfer of case from the Family Courts in Viskhapatnam, Andhra Pradesh, to the Family Courts in Parlakhemundi, Odisha — The court directed the case record be transferred without delay and that the parties be given the benefit of video conferencing, if available, at the transferee court — This transfer petition was filed by the petitioner under Section 25 of the Code of Civil Procedure, 1908 — A related transfer petition was dismiss
India Law Library Docid # 2421547

(270) KUMARI BHARTI Vs. SAURABH KUMAR JHA [SUPREME COURT OF INDIA] 03-01-2025
Constitution of India, 1950 — Article 142 — Divorce by mutual consent — The Supreme Court in this case, exercised its power under Article 142 of the Constitution of India to dissolve a marriage by mutual consent — This decision was made based on a settlement agreement reached by the parties during mediation — The court took the settlement agreement and a joint application on record and dissolved the marriage, also disposing of the divorce petition pending in a lower court — The key principle (ra
India Law Library Docid # 2421566

(271) SMT. INDIRA SAHU AND OTHERS Vs. THE ORIENTAL INSURANCE COMPANY LTD AND ANOTHER [SUPREME COURT OF INDIA] 03-01-2025
Motor Accident Claims — Compensation — The Supreme Court addressed an appeal concerning compensation awarded in a motor vehicle accident claim — The Motor Accident Claims Tribunal (MACT) initially granted Rs. 21,70,000 in compensation to the family of a deceased individual, who died in a collision between two trucks — The High Court, however, reduced the compensation to Rs. 15,00,000, citing a lack of documentary evidence for the deceased's income — The Supreme Court, upon review, overturned the
India Law Library Docid # 2421572

(272) AAKRITEE SINGH @ SHALU Vs. RAJESH SINGH [SUPREME COURT OF INDIA] 03-01-2025
Constitution of India, 1950 — Article 142 — Mutual Divorce — The Supreme Court has addressed a transfer petition, wherein a settlement agreement was reached between the petitioner-wife and respondent-husband — As a result of this agreement, various legal cases between the parties have been closed, withdrawn, or quashed, including a Domestic Violence case, a criminal FIR, a case before the Allahabad High Court, another case before the Family Court, and a couple of cases before other courts in Utt
India Law Library Docid # 2421573

(273) CHHOTA RAM ETC. ETC. Vs. STATE OF HARYANA ETC. ETC. [SUPREME COURT OF INDIA] 03-01-2025
Land Valuation — The landowners appealed the High Court's valuation of their land at Rs. 200 per square yard, arguing that it should be valued at Rs. 250 per square yard, based on a prior valuation for nearby land — The Supreme Court found that the lands were similar, noting that they were acquired within a span of two months and the sketch provided in court did not indicate a significant distance between them — The Court also noted that the land in question has access from two roads, indicating
India Law Library Docid # 2421577

(274) TANIA RAHA Vs. SUBHAJIT RAHA [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer of Case — The Supreme Court granted a transfer petition moving a family case from Bangalore to Hooghly due to her husband's non-appearance — Despite no arguments from the husband, the court allowed the transfer, directed an amicable settlement attempt, and allowed video conferencing for parties — The court sent case records to the Hooghly court and disposed of pending applications.
India Law Library Docid # 2421584

(275) AYUSHI UPADHYAY Vs. SIDDHARTH KAUSHIK [SUPREME COURT OF INDIA] 03-01-2025
Constitution of India, 1950 — Article 142 — Divorce — Mutual Consent — Supreme Court exercised its jurisdiction to dissolve a marriage by mutual consent — The court's decision was based on a settlement agreement reached by the parties — The key legal point is that the Supreme Court can dissolve a marriage and grant a divorce decree by mutual consent when parties have reached a settlement agreement and the court deems it appropriate — The court also addressed various pending legal proceedings bet
India Law Library Docid # 2421587

(276) SATHEESH AND ANOTHER Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 03-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Court cannot use Section 319 to include individuals as accused solely based on testimony given during examination-in-chief, if the witness did not name those individuals in their original complaints or statements, and did not claim to be unaware of their involvement at the time of filing those original complaints or statements — In this specific case, the second respondent did not name the appellants in any prior complaints or statements, and
India Law Library Docid # 2421592

(277) GEETHA V.M. AND OTHERS Vs. RETHNASENAN K. AND OTHERS [SUPREME COURT OF INDIA] 03-01-2025
Kerala State and Subordinate Service Rules, 1958 — Rule 27(a) and 27(c) of Part II — Transfer by Absorption — The court established a distinction between transfers on request and transfers by absorption due to a policy decision — The court determined that the transfer of DHS employees to DME was an absorption resulting from a policy decision to eliminate the dual control system, rather than a transfer made at the employees' request.
India Law Library Docid # 2421517

(278) LAXMI ABHIMAN KOVE AND OTHERS Vs. BAPURAO NAMDEVRAO KODAPE AND OTHERS[SUPREME COURT OF INDIA] 03-01-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Supreme Court heard an appeal regarding a case where the High Court overturned a trial court's decision to allow an amendment to a plaint — The appellants, who are tribals, initially failed to seek possession of the suit property in their original claim, despite knowing the first respondent was in possession — The trial court allowed an amendment to the plaint to include a claim for possession and correct other minor erro
India Law Library Docid # 2421541

(279) PUNJAB NATIONAL BANK Vs. ATIN ARORA AND ANOTHER[SUPREME COURT OF INDIA] 03-01-2025
Civil Procedure Code, 1908 (CPC) — Section 21 — Insolvency and Bankruptcy Code, 2016 — Section 7 — Supreme Court heard an appeal by Punjab National Bank (PNB) against a decision by the High Court of Calcutta, which had overturned a National Company Law Tribunal (NCLT) order — The NCLT had rejected an application to recall an order of admission of a petition under the Insolvency and Bankruptcy Code (IBC) — The High Court’s decision was set aside by the Supreme Court because it had erroneously ent
India Law Library Docid # 2421542

(280) HEMCHAND @ HAPPI Vs. STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 03-01-2025
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 302, 307, 336, 341, 451, 506 and 120-B — Arms Act, 1959 — Sections 3, 25 and 27 — Appellant imprisoned for 17 months on murder, rioting, and Arms Act charges, had his bail denied by the Rajasthan High Court — With 96 witnesses and a delayed trial, the Supreme Court granted bail, noting the lack of direct evidence linking appellant to a firearm injury and the extended pre-trial detention — The court emphasized cooperation in the trial and set
India Law Library Docid # 2421663