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(781) SUSHANT SHARMA Vs. U.T. CHANDIGARH AND OTHERS[SUPREME COURT OF INDIA] 10-02-2025
Rights of Persons with Disabilities Act, 2016 — Guardians and Wards Act, 1890 — In cases involving disputes over child custody and interaction, courts may exercise parens patriae jurisdiction to ensure the child's welfare, granting interim relief such as supervised interactions and asset protections, while also directing the parties to pursue concurrent proceedings under relevant statutes and may appoint Court Commissioners to oversee arrangements, with costs
India Law Library Docid # 2422484

(782) B.V. RAM KUMAR Vs. STATE OF TELANGANA AND ANOTHER[SUPREME COURT OF INDIA] 10-02-2025
Penal Code, 1860 (IPC) — Sections 269, 270 and 504 — Supreme Court held that the allegations against the appellant (Director of an Institute) of scolding a subordinate (complainant) for lackadaisical approach to duties, amidst Covid-19 pandemic, do not constitute offences under Sections 269, 270, and 504 of the IPC, as they lack the necessary ingredients, particularly the intention to provoke breach of peace or commit another offence, and thus, the criminal proceedings against the appellant are
India Law Library Docid # 2422410

(783) PRAKASH CHAND SHARMA Vs. RAMBABU SAINI AND ANOTHER[SUPREME COURT OF INDIA] 10-02-2025
Motor Accident Claims — Permanent disability — When a medical board's assessment of permanent disability is doubted by a Tribunal, the Tribunal should seek a re-assessment of the disability rather than determining the disability on its own.
India Law Library Docid # 2422370

(784) DEEPAK SINGH ALIAS DEEPAK CHAUHAN Vs. MUKESH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 10-02-2025
Motor Accident Claims — Compensation, particularly concerning the calculation of notional income for students and the re-evaluation of compensation — The court referenced Navjot Singh v. Harpreet Singh to argue against equating a student's notional income with minimum wage, suggesting a minimum of Rs. 10,000 per month for students from premier institutions — Considering the 2012 accident date, the court relied on the Harpreet Singh case to recompute the compensation, which included
India Law Library Docid # 2422371

(785) HANSRAJ Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 10-02-2025
Penal Code, 1860 (IPC) — Section 302 — Murder — Acquittal — Circumstantial evidence — Dispute over wages — “last seen” theory — Recovery of a murder weapon and witness testimonies — However, the Supreme Court found weaknesses in the prosecution's case — Motive was trivial, the "last seen" theory lacked independent corroboration, the weapon's recovery was questionable, and witness statements were inconsistent — Forensic evidence also failed to link bloodstains to the deceased — The court ruled
India Law Library Docid # 2422372

(786) RAVI Vs. THE STATE OF PUNJAB [SUPREME COURT OF INDIA] 10-02-2025
Evidence Act, 1872 — Section 106 — Burden of Proof — In a case built on circumstantial evidence, the Supreme Court emphasized that the prosecution must first establish the accused's guilt beyond a reasonable doubt before the burden shifts to the accused to explain the circumstances, as per Section 106 — The court referenced the principle that Section 106 should not compensate for the prosecution's inability to provide evidence of guilt — The Court reiterated that this section applies only when t
India Law Library Docid # 2422373

(787) AMRIT YADAV Vs. THE STATE OF JHARKHAND AND OTHERS [SUPREME COURT OF INDIA] 10-02-2025
Service Law — Validity of a recruitment process and appointments made for Class IV employees — Invalidity of Advertisement and Recruitment Process — The advertisement dated 29th July, 2010, issued by respondent No. 4, was deemed invalid because it failed to specify the total number of posts available and the number of reserved versus unreserved posts — This lack of transparency violates Articles 14 and 16 of the Constitution of India
India Law Library Docid # 2422374

(788) ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 10-02-2025
Representation of the People Act, 1951 — A smaller bench cannot reopen an issue already disposed of by a larger bench, but may consider related, undecided constitutional validity issues — The Supreme Court declined to reopen the issue of setting up special courts for cases against MPs/MLAs, as it was already disposed of by a larger bench — However, the Court agreed to hear the constitutional validity of parts of the Representation of the People Act, 1951, and granted time for filing counter-affi
India Law Library Docid # 2422810

(789) PARAMESHWAR SUBRAY HEGDE Vs. NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 10-02-2025
Motor Vehicles Act, 1988 — Mere misdescription of the vehicle's make in a claim petition cannot be a ground for dismissal if the vehicle's registration number remains consistent —The Supreme Court set aside a High Court judgment that had dismissed a claim petition due to a discrepancy in the vehicle's make (TATA Sumo vs. TATA Spacio), as the registration number (KA-31/6059) was consistent, thus validating the original compensation award of Rs. 40,000 with interest, minus interest for the delayed
India Law Library Docid # 2423725

(790) HARE KRUSHNA MAHANTA Vs. HIMADARI SAHU AND ANOTHER[SUPREME COURT OF INDIA] 07-02-2025
Motor Vehicles Act, 1988 — “Just and Fair compensation” — The court's core reasoning involves ensuring just and fair compensation to the aggrieved party, even if it exceeds the claimed amount — This principle was previously stated in Meena Devi v. Nunu Chand Mahto — The decision involves calculating the final compensation based on factors such as monthly income, future prospects, permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and l
India Law Library Docid # 2422306

(791) JITENDRA Vs. SADIYA AND OTHERS[SUPREME COURT OF INDIA] 07-02-2025
Motor Accident Claims — Permanent Disability — The Claimant-Appellant, aged 25, suffered a severe injury, when his hand was amputated by a thresher machine while working — He sought Rs. 20,00,000/- in compensation citing permanent disability, loss of income as a laborer earning Rs. 9,000/- monthly, and inability to support his family — The key issue was determining appropriate compensation, considering permanent disability, future prospects, and treatment expenses — The Appellant claimed 60% per
India Law Library Docid # 2422307

(792) RAJA KHAN Vs. STATE OF CHATTISGARH[SUPREME COURT OF INDIA] 07-02-2025
Penal Code, 1860 (IPC) — Sections 302 and 201 — Murder — The prosecution relied on circumstantial evidence, including a blood-stained stone and gold chains allegedly recovered at the Appellant's instance, and the claim that the deceased was last seen with the Appellant — Key issues were the sufficiency of the evidence chain and the reliability of the "last seen" theory, given the lack of eyewitnesses or admissible confessions — The Appellant challenged inconsistencies in the seizure process, unr
India Law Library Docid # 2422308

(793) AYYUB AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 07-02-2025
Penal Code, 1860 (IPC) — Section 306 — Abetment of Suicide — To establish an offense under Section 306 IPC, there must be specific abetment as defined in Section 107 IPC, demonstrating the accused's intention to cause the person's suicide as a result of that abetment — The judgment emphasizes that the accused's intention to aid, instigate, or abet the deceased to commit suicide is essential for Section 306 IPC to apply — Furthermore, the alleged harassment should be so severe that the victim has
India Law Library Docid # 2422309

(794) VIHAAN KUMAR Vs. STATE OF HARYANA AND ANOTHER[SUPREME COURT OF INDIA] 07-02-2025
Constitution of India, 1950 — Article 22(1) — Written communication of arrest grounds — Informing an arrested person of the grounds for their arrest is a mandatory constitutional requirement under Article 22(1) — This information must be effectively communicated, providing sufficient knowledge of the basic facts constituting the grounds for the arrest in a language the person understands — Non-compliance with Article 22(1) violates the fundamental rights of the accused under Article 22(1) and th
India Law Library Docid # 2422310

(795) SAJIMON PARAYIL Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 07-02-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 176 — Investigation and handling of the Hema Committee report — The ruling reinforces the principle that police officers are duty-bound to investigate cognizable offenses under Section 176, when information suggests such offenses have been committed, and the court cannot prevent the police from proceeding according to the law — The Supreme Court acknowledged the active monitoring of the case by the Kerala High Court — The order establishes that
India Law Library Docid # 2422376

(796) M/S. GOKUL LAMP WORKS PRIVATE LIMITED ETC. Vs. MYSORE LAMP WORKS LIMITED[SUPREME COURT OF INDIA] 07-02-2025
Law of Contract — Contractual obligation — Breach of — Defendant's failure to adhere to the contractual stipulations regarding timely delivery of goods constituted a breach of contract, entitling the plaintiff to damages — The court specifically determined that the breach was material and directly caused the plaintiff's financial losses, thereby establishing that
India Law Library Docid # 2422752

(797) SHEKHAR PRASAD MAHTO @ SHEKHAR KUSHWAHA Vs. THE REGISTRAR GENERAL JHARKHAND HIGH COURT AND ANOTHER[SUPREME COURT OF INDIA] 07-02-2025
Criminal Law — Bail Applications — Consistency in Bail Applications from the Same FIR — In High Courts with a roster system, all bail applications arising from the same FIR should be placed before one learned Judge to ensure consistency in views, unless the roster changes.
India Law Library Docid # 2422407

(798) GUDIVADA SESHAGIRI RAO Vs. GUDIVADA ASHALATHA AND ANOTHER[SUPREME COURT OF INDIA] 07-02-2025
Hindu Marriage Act, 1955 — Section 13-B(2) — Irretrievable Breakdown of Marriage — The Supreme Court of India can invoke Article 142 of the Constitution to grant a divorce on the ground of irretrievable breakdown of marriage, even if one spouse opposes it, ensuring "complete justice" to both parties.
India Law Library Docid # 2422408

(799) DIGVIJAY LAXHAMSINH GAEKWAD (DANNY GAEKWAD) Vs. SAPNA GOVIND RAO AND OTHERS[SUPREME COURT OF INDIA] 07-02-2025
Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 — Regulations 20(1) and 20(9) — In matters of competing offers under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, the court may grant interim relief by extending the public offer period contingent upon the applicant depositing a substantial amount, but leaves the interpretation of regulatory timelines and discretionary decisions to the expertise of SEBI, while e
India Law Library Docid # 2422409

(800) SHRI BINOD KUMAR SINGH Vs. NATIONAL INSURANCE COMPANY LTD. [SUPREME COURT OF INDIA] 07-02-2025
Consumer Law — Repudiation of Claim — National Permit —Appellant’s truck, insured with National Insurance Company Ltd, caught fire due to a short circuit during the insurance period — The insurer rejected the claim, citing an invalid National Permit due to unpaid authorization fees — The Supreme Court ruled that the National Permit was valid until 13.10.2017, and the authorization fee was only required for interstate operations — Since the fire occurred within Bihar, the fee was unnecessary — Th
India Law Library Docid # 2422300