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(161) UNION OF INDIA THR. I.O. NARCOTICS CONTROL BUREAU Vs. MAN SINGH VERMA[SUPREME COURT OF INDIA] 28-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Jurisdiction under Section 439 for Bail Applications — The Supreme Court clarified that the jurisdiction conferred upon a Court under Section 439 is limited to granting or refusing bail pending trial, and does not extend to awarding compensation for alleged wrongful confinement
India Law Library Docid # 2423002

(162) PRADIP N. SHARMA Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 28-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR under Section 482 CrPC — The Supreme Court may refuse to quash an FIR under Section 482 CrPC if allegations prima facie disclose cognizable offences warranting investigation, but may grant anticipatory bail under Section 438 CrPC if custodial interrogation is not essential, particularly in cases relying on documentary evidence
India Law Library Docid # 2423003

(163) SACHIN YALLAPPA USULKAR AND OTHERS Vs. VIJAYATA AND OTHERS[SUPREME COURT OF INDIA] 28-02-2025
Motor Vehicle Act, 1988 — Section 166 — Misinterpretation of Evidence — The courts below erred in appreciating the evidence, leading to a mistaken conclusion that the minor was driving the vehicle at the time of the accident — A thorough examination of witness testimonies (PW1, PW3, RW2, RW3) and documentary evidence reveals no direct involvement of the minor in driving.
India Law Library Docid # 2423004

(164) KAMAL @ KAMAL CHOUDHARY Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 28-02-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 437 and 439 — Right to File Fresh Bail Application — An accused can file a fresh bail application at a subsequent stage based on a material change in circumstances, even if an earlier application was rejected.
India Law Library Docid # 2423135

(165) ARUN RAMESHCHAND ARYA Vs. PARUL SINGH[SUPREME COURT OF INDIA] 28-02-2025
Registration Act, 1908 — Section 17(2)(vi) — Exemption from Stamp Duty for Court-Ordered Transfers — Supreme Court held that the transfer of the flat, being part of the court proceedings, is exempt from stamp duty
India Law Library Docid # 2423295

(166) HARI SINGH AND ANOTHER Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 28-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Constitution of India, 1950 — Article 142 — Penal Code, 1860 (IPC) — Section 498A — The Supreme Court can exercise its power under Article 142 to do complete justice by altering a sentence even when the appeal is against the dismissal of a Section 482 CrPC application — Supreme Court modified the sentence for conviction under Section 498-A IPC to the period already served, considering the appellants' age and lack of effective representation
India Law Library Docid # 2423450

(167) SALITHO ORES PVT. LTD. AND OTHERS Vs. THE CAPTAIN OF PORTS AND OTHERS[SUPREME COURT OF INDIA] 28-02-2025
Mineral Concession Rules, 2016 — Rule 38 — Mineral Conservation and Development Rules, 2017 — Rule 45 — Mines and Minerals (Development and Regulation) Act, 1957 — Royality — Supreme Court granted the Union of India one more month to finalize its decision or submit a report regarding the cascading impact of royalty on royalty under Rule 38 of MCR 2016 and Rule 45 of MCDR 2017, highlighting the importance of addressing this anomaly despite prior challenges and consultations under the MMDR Act.
India Law Library Docid # 2423451

(168) M/S A.P. ELECTRICAL EQUIPMENT CORPORATION Vs. THE TAHSILDAR AND OTHERS ETC.[SUPREME COURT OF INDIA] 27-02-2025
Urban Land (Ceiling and Regulation) Act, 1976 — Section 10(3) — Urban Land (Ceiling and Regulation) Repeal Act, 1999 — Vesting and Possession Distinction —Urban Land (Ceiling and Regulation) Repeal Act, 1999, does not affect the vesting of vacant land under Section 10(3) of the principal Act only if possession has been taken over by the State Government or authorized persons before the Repeal Act's coming into force
India Law Library Docid # 2422896

(169) M. S. ANANTHAMURTHY AND ANOTHER Vs. J. MANJULA ETC[SUPREME COURT OF INDIA] 27-02-2025
Powers of Attorney Act, 1882 — Sections 1A and 2 — Principal-Agent Relationship in Power of Attorney — The relationship between the executant of a general power of attorney (GPA) and the holder is one of principal and agent, governed by Chapter X of the Contract Act and the Powers-of-Attorney Act, 1882
India Law Library Docid # 2422898

(170) SACHIN JAISWAL Vs. M/S HOTEL ALKA RAJE AND OTHER[SUPREME COURT OF INDIA] 27-02-2025
Partnership Act, 1932 — Section 14 — Partnership Property under the Partnership Act, 1932 — Property, including immovable assets, contributed by a partner to a partnership firm becomes the firm's property under Section 14, irrespective of its original character
India Law Library Docid # 2422899

(171) MANSOOR ALI FARIDA IRSHAD ALI AND OTHERS Vs. THE TAHSILDAR-I, SPECIAL CELL AND OTHERS[SUPREME COURT OF INDIA] 27-02-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 —Sections 2(ga), 3, 3A, 3B, 4, 4A, 33, 35(1A) and 38 — Development Control Regulations for Greater Mumbai, 1991 — Regulations 33(5), 33(10), 33(10)(II)(i) and 33(10)(II)(viii)) — Redevelopment of Slum Areas under the Act, 1971 — The Slum Rehabilitation Authority (SRA) has the power to redevelop slum areas, including those that are "censused slums," without a separate notification under the Slum Act, as per Regulation 33
India Law Library Docid # 2422900

(172) PAPPAMMAL (DIED) THROUGH LR R. KRSNA MURTII Vs. JOTHI AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Civil Procedure Code, 1908 — Order 22 Rule 5, Order 1 Rule 10(2) and Order 12 Rule 5 — Substitution of Parties in a Pending Suit — The court has the power to substitute a party in a pending suit, especially in cases of inheritance, to ensure the continuation of the litigation without unnecessary delay
India Law Library Docid # 2422901

(173) KANISHK SINHA AND ANOTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 — Section 156(3) — Requirement of Affidavit with Section 156(3) Applications — As per Priyanka Srivastava vs. State of Uttar Pradesh (2015) 6 SCC 287, all Section 156(3) CrPC applications must be supported by an affidavit to ensure responsibility and deter frivolous complaints, with this direction being prospective in nature
India Law Library Docid # 2422902

(174) MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. SUBHASH S/O LAXMANRAO BRAMHE[SUPREME COURT OF INDIA] 27-02-2025
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 — Distinction Between Time Scale of Pay and Absorption — The grant of regular time scale of pay and appointment to ephemeral vacancies are distinct from absorption into the regular cadre, with the former not requiring selection by a competent Selection Committee or availability of vacancies
India Law Library Docid # 2422903

(175) DILEEPBHAI NANUBHAI SANGHANI Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(a), 13(1)(d)(i) and (ii), 13(2), and 20 — Proof of Demand and Acceptance of Illegal Gratification — To establish guilt under the Act, 1988, proof of demand and acceptance of illegal gratification by a public servant is a sine qua non, which can be established through direct or circumstantial evidence
India Law Library Docid # 2422904

(176) RADHIKA AGARWAL Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 27-02-2025
Customs Act, 1962 — Criminal Procedure Code, 1973 — Interplay Between Customs Act and CrPC — The provisions of the CrPC, apply to the Customs Act, 1962, to the extent that there is no contrary provision in the special act, as per Sections 4 and 5 of the Code.
India Law Library Docid # 2422897

(177) MANOJ RAMESHLAL CHHABRIYA Vs. MAHESH PRAKASH AHUJA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378(3) — The Supreme Court set aside the High Court's order declining to grant leave under Section 378(3) of the Cr.P.C. in an appeal against acquittal, remitting the matter for consideration on merits — The case involves the acquittal of a respondent accused of murdering his wife, with the prosecution relying on circumstantial evidence — The
India Law Library Docid # 2422939

(178) SANJAY KUMAR Vs. STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 391 — Appellate court's powers in appeal from conviction — Remand for Re-trial — The Supreme Court sets aside the High Court's order dismissing the appeal in limine and remands the case for re-trial on merits, citing the need for evaluating evidence and witness depositions.
India Law Library Docid # 2422940

(179) STATE OF CHHATTISGARH Vs. ASHOK BHOI ETC.[SUPREME COURT OF INDIA] 27-02-2025
Penal Code, 1860 (IPC) — Sections 302 and 364A — Murder and Kidnapping — Evidence Act, 1872 — Section 106 — In a case based on circumstantial evidence, the prosecution must prove a complete chain of circumstances to establish the accused's guilt beyond reasonable doubt, and mere suspicion or the “last seen together” theory is insufficient for conviction
India Law Library Docid # 2423108

(180) RAMESH MARUTI GONDHALI Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Evidence Act, 1872 — Section 27 — Assessing Evidence in Appeals against Acquittal — When dealing with appeals against acquittal, the appellate court must be cautious and only interfere if the acquittal is found to be perverse, i.e., not based on a plausible view of the evidence.
India Law Library Docid # 2423215