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(141) RAJNISH SINGH @ SONI Vs. STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 — Sections 313, 376, 384, 323, 504, and 506 — The appellant was accused of raping the complainant, Ms. A, over a period of 16 years under the false promise of marriage — The High Court dismissed the appellant's petition to quash the criminal proceedings against him —The Supreme Court allowed the appeal, quashing the High Court order and the consequent FIR and proceedings against the appellant
India Law Library Docid # 2423040

(142) SHABEEN AHMAD Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 (IPC) — Sections 498A and 304B — Dowry Death — Cancellation of Bail — The Supreme Court sets aside the bail granted to the father-in-law and mother-in-law, accused of demanding dowry and abetting the death of their daughter-in-law, citing the gravity of the offense and the need for stricter scrutiny in dowry-related cases
India Law Library Docid # 2423041

(143) THE STATE OF GOA AND ANOTHER Vs. NAMITA TRIPATHI[SUPREME COURT OF INDIA] 03-03-2025
Factories Act, 1948 — Sections 2(k), 2(m), 6, 7, 7A, 7B, 8, 9, 11-19, 21-23, 38, 40, 40A, 51-59, 61-73, 92, and 93 — The State of Goa filed a complaint for violating the Factories Act, 1948, by operating a laundry service without compliance with the Act's provisions — The Supreme Court allowed the State's appeal, setting aside the High Court's order quashing the complaint, and held that the laundry business constitutes a "manufacturing process" under the Factories Act, 1948 — The Supreme Court i
India Law Library Docid # 2423042

(144) SHARMILA VELAMUR Vs. V. SANJAY AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Custody Dispute involving a Person with Intellectual Disability — The Supreme Court adjudicates a complex custody dispute involving a 22-year-old US citizen with Ataxic Cerebral Palsy and intellectual disability, balancing the principles of best interests and welfare of the person with the need for parental involvement.
India Law Library Docid # 2423043

(145) IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES[SUPREME COURT OF INDIA] 03-03-2025
Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Sections 2 and 3 —Disability Rights and Non-Discrimination — The RPwD Act embodies the principles of non-discrimination and equality for persons with disabilities — The Act's provisions, including Section 2 (definition of “barrier” and “discrimination”) and Section 3 (equality and non-discrimination), ensure that individuals with disabilities have equal access to opportunities and are protected from discrimination.
India Law Library Docid # 2423047

(146) DEVINDER KUMAR BANSAL Vs. THE STATE OF PUNJAB[SUPREME COURT OF INDIA] 03-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Prevention of Corruption Act, 1988 — Sections 7 and 13 — Illegal Gratification — Anticipatory bail in cases of corruption under the Prevention of Corruption Act, 1988, should only be granted in exceptional circumstances, considering the seriousness of the offense and the need to hold public servants accountable for undermining trust in public institutions
India Law Library Docid # 2423107

(147) V. RAVIKUMAR Vs. S. KUMAR[SUPREME COURT OF INDIA] 03-03-2025
Power of Attorney — Cancellation of — The Supreme Court held that the cancellation of a power of attorney does not affect prior conveyances made under the valid power conferred — The Court clarified that the limitation period for challenging such conveyances cannot commence from the date of cancellation of the power of attorney, especially when the power of attorney was executed over a decade prior and no contention of fraud, coercion, or lack of authority to
India Law Library Docid # 2423289

(148) R. MADHAVAN PILLAI Vs. RAJENDRAN UNNITHAN. S AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Constitutional Powers — High Courts — Limits of Judicial Discretion — No power to direct Enforcement Directorate to register Enforcement Case Information Report (ECIR) without substantial grounds
India Law Library Docid # 2423296

(149) THE STATE OF ORISSA Vs. BHAGABAN MOHANTY (DEAD) THROUGH LRS[SUPREME COURT OF INDIA] 03-03-2025
Administrative Tribunals Act, 1985 — Section 19 — A belated representation on a stale matter does not revive a time-barred claim, and limitation should be considered based on the original cause of action — Supreme Court allowed the appeal, setting aside the High Court and Tribunal orders, holding that an original application filed under Section 19, eighteen years after the termination of service, was hopelessly barred by limitation and that a subsequent representation and its rejection did not p
India Law Library Docid # 2423453

(150) JAMSER ALI AND ANOTHER Vs. STATE OF WEST BENGAL[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 (IPC) — Sections 320, 325 and 326 — If there is doubt about whether the weapons used are "dangerous weapons" under Section 326 IPC, conviction under this section is unsustainable, and conviction under Section 325 IPC may be appropriate if grievous hurt as defined under Section 320 IPC is caused — Supreme Court altered the High Court's conviction under Section 326 IPC to Section 325 IPC, finding doubt as to whether bamboo sticks and a wooden log were "dangerous weapons," but not
India Law Library Docid # 2423454

(151) MAHALINGAM Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 03-03-2025
Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Section 5 — Penal Code, 1860 (IPC) — Section 324 — Supreme Court can modify the sentence imposed by the High Court, considering the proviso to Section 5 of the Act, 1992 and Section 324 IPC, and ensure the fine amount is commensurate with the sentence —Supreme Court partly allowed a criminal appeal, reducing the sentence to the period already served but increasing the fine to be paid to the injured victims.
India Law Library Docid # 2423457

(152) TARUN KUMAR MAJHI Vs. THE STATE OF WEST BENGAL[SUPREME COURT OF INDIA] 03-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Criminal Procedure Code, 1973 (CrPC) — Seized vehicles under the NDPS Act can be released on an interim basis, and unconditional release may be warranted for non-accused owners upon furnishing a reasonable surety bond reflecting the vehicle's current value, without restrictions on sale or transfer.
India Law Library Docid # 2423602

(153) LIFE INSURANCE CORPORATION Vs. SUNITA AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Insurance Law — Life Insurance — Contract of Utmost Good Faith (Uberrima Fides) — Suppression of Material Fact — Chronic Alcoholism — Non-Medical Scheme — Deceased obtained LIC's Jeevan Arogya Policy under a Non-Medical General Scheme, declaring 'No' to consumption of alcohol in proposal form — Insurer relied solely on declarations — Evidence (prescription slip dated just before fatal hospitalization) revealed insured had history of "chronic alcohol intake" — Insured died about a year later due
India Law Library Docid # 2423842

(154) SANJAY SADASHIV BENDRE AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Service Law — Retirement Age — Conflict between Service Regulations and Recruitment Rules — Interpretation — Specific Provision Prevails over General — Maharashtra Municipal Corporations Act, 1949 (MMC Act) — Sections 457 and 465 — Where specific regulations framed under Section 465 of the MMC Act (like the Pune Municipal Service Regulations, 1954 - 'MSR 1954') comprehensively govern service conditions, including classifying posts into 'superior' and 'inferior' services with distinct retirement
India Law Library Docid # 2423911

(155) ABDUL WAHID AND ANOTHER Vs. STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 28-02-2025
Penal Code, 1860 (IPC) — Sections 302, 147, 148 and 149 — Murder — Proof of Guilt — The Supreme Court set aside the conviction and sentence of three appellants, who were accused of murder — The Court held that the prosecution failed to provide credible and legally admissible evidence to connect the accused to the crime.
India Law Library Docid # 2422935

(156) SARITA CHOUDHARY AND OTHERS Vs. HIGH COURT OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 28-02-2025
Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 — Rule 11 — Termination of Judicial Officers — The Supreme Court set aside the termination orders of two female judicial officers holding that the terminations were punitive, arbitrary, and contrary to law — The Court emphasized that a probationer's termination can be challenged if it is found to be punitive or contravenes the principles of natural justice — The employer must provide a reasonable opportunity for
India Law Library Docid # 2422936

(157) THE CHIEF MANAGER, CENTRAL BANK OF INDIA AND OTHERS Vs. M/s AD BUREAU ADVERTISING PVT. LTD AND ANOTHER[SUPREME COURT OF INDIA] 28-02-2025
Consumer Protection Act, 1986 — 2(1)(d) (ii) — Definition of “Consumer”— Commercial Purpose Exclusion — The Court holds that a business-to-business transaction, such as a project loan, falls under “commercial purpose" excluding the borrower from the definition of a 'consumer’ under the Act.
India Law Library Docid # 2422937

(158) SUDERSHAN SINGH WAZIR Vs. STATE (NCT OF DELHI) AND OTHERS[SUPREME COURT OF INDIA] 28-02-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Penal Code, 1860 — Sections 302, 201, 34 and 120B —Revisional Jurisdiction and Stay of Discharge Order — High Court's power to stay discharge order under Sections 397 and 401 of the CrPC is discretionary and should be exercised rarely, with opportunity of hearing to the accused.
India Law Library Docid # 2422938

(159) PUSHPA JAGANNATH SHETTY AND OTHERS Vs. M/S. SAHAJ ANKUR REALTORS AND OTHERS[SUPREME COURT OF INDIA] 28-02-2025
Consumer Protection Act, 1986 — Section 24-A — Limitation Period in Consumer Protection Act — The Supreme Court examined the calculation of limitation in a consumer complaint case under the Consumer Protection Act, 1986 — The NCDRC had dismissed the complaint as time-barred, counting six months from the date of the indemnity-cum-undertaking (10th January 2015) — However, the Supreme Court
India Law Library Docid # 2423000

(160) PRABHAVATHI AND OTHERS Vs. THE MANAGING DIRECTOR, BANGALORE METROPOLITAN, TRANSPORT CORPORATION[SUPREME COURT OF INDIA] 28-02-2025
Motor Vehicle Act, 1988 — Contributory Negligence in Motor Vehicle Accidents — The Supreme Court set aside the High Court's order assessing contributory negligence at 25% on the deceased and 75% on the driver of the BMTC bus — The Court agreed with the Tribunal's finding that the accident was solely due to the rash and negligent driving of the bus driver, citing the lack of evidence indicating the deceased's negligence
India Law Library Docid # 2423001