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(21) GASTRADE INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS, KANDLA[SUPREME COURT OF INDIA] 28-03-2025
Customs Tariff Act, 1975 — First Schedule, Chapter 27 — Classification — Mineral Fuels/Oils — High Speed Diesel (HSD) vs. Base Oil — Indian Standard IS 1460:2005 — General Rules for Interpretation (GRI), Rule 1 & Rule 4 ('Most Akin' Test) — The central issue involved the classification of imported goods, contested as either Base Oil (CTH 27101960) or High Speed Diesel (HSD) (CTH 27101930) — HSD classification under Chapter 27, Supplementary Note (e), requires conformity to all parameters specifi
India Law Library Docid # 2423996

(22) IMRAN PRATAPGADHI Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 28-03-2025
Constitution of India — Art. 19(1)(a) & Art. 21 — Freedom of Speech and Expression — Interpretation of Creative Work (Poem) — Duty of State Machinery — Freedom of speech and expression under Art. 19(1)(a) is a paramount fundamental right, integral to a dignified life under Art. 21 and the foundation of a healthy democracy — The State's law enforcement machinery is obligated under Art. 51-A(a) to abide by the Constitution and respect its ideals, including the liberty of thought and expression — W
India Law Library Docid # 2423997

(23) RAMESH KUMARAN AND ANOTHER Vs. STATE THROUGH THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025
Criminal Procedure Code, 1973 (CrPC) – Section 482 – Constitution of India – Article 142 – Quashing of FIR and Criminal Proceedings – Cross-Cases involving Advocates – Settlement and Apology. — In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed t
India Law Library Docid # 2423916

(24) ARUN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025
Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Appreciation of Evidence – Eyewitness Testimony – Related/Interested Witnesses & Child Witness – Reliability — Conviction for murder based solely on the ocular evidence of related/interested witnesses (deceased's father, wife, brothers) and a child witness (nephew) cannot be sustained when their testimonies are found to be completely untrustworthy and specious due to
India Law Library Docid # 2423917

(25) SAMTOLA DEVI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Family Law – Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Power of Tribunal to Order Eviction – Scope and Limitations – Sections 4, 5, 23 — While the primary object of the Senior Citizens Act, 2007, particularly Chapter II, is to provide for maintenance of parents and senior citizens, the Tribunals constituted thereunder may have the power to order eviction of children/relatives in certain circumstances — This power, not explicitly granted by the statute for general occupat
India Law Library Docid # 2423918

(26) ASLAM ALIAS IMRAN Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025
Penal Code, 1860 (IPC) – Section 302 – Murder – Appreciation of Evidence – Reliability of Eyewitnesses – Benefit of Doubt — Conviction for murder under Section 302 IPC cannot be sustained when based solely on the testimonies of eyewitnesses (PW-1, PW-2, PW-3) whose evidence suffers from serious infirmities and fails to inspire confidence — The cumulative effect of contradictions, unnatural conduct, unexplained delay in recording statements, and potential suppression of evidence casts a serious d
India Law Library Docid # 2423919

(27) R. SHASHIREKHA Vs. STATE OF KARNATAKA AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Criminal Procedure Code, 1973 – Section 482 – Penal Code, 1860 – Sections 306 and 420 – Quashing of FIR – Abetment of Suicide – Cheating – Principles for quashing – Proximity in Abetment – Sufficiency of Reasoning – The appellant challenged the High Court's order under Section 482 CrPC quashing an FIR against respondents — The allegations stemmed from the suicide of the appellant's husband, purportedly due to financial cheating, forgery, and blackmail by the respondents detailed in a death note
India Law Library Docid # 2423920

(28) M/S JSW STEEL LIMITED Vs. PRATISHTHA THAKUR HARITWAL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Insolvency and Bankruptcy Code, 2016 – Section 31 – Resolution Plan – Binding Nature – Extinguishment of Claims – Statutory Dues – Clean Slate Principle – Contempt of Courts Act, 1971 – Section 2(b) – Constitution of India – Articles 129, 142 – State Tax Authorities faced contempt for demanding pre-approval taxes (Sales Tax, VAT, Entry Tax) from an SRA after NCLT approved an IBC Resolution Plan under Sec 31, despite being notified of the Ghanshyam Mishra ruling— These dues weren't in the plan —
India Law Library Docid # 2423921

(29) MADHYA PRADESH ROAD DEVELOPMENT CORPORATION Vs. VINCENT DANIEL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Land Law —Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 26 — Determination of Market Value — Applicability of ‘Theory of Deduction’ — Interpretation of Section 26(1) and Explanation 4
India Law Library Docid # 2423915

(30) CHANDRASEKHAR RAMESH GALANDE Vs. SATISH GAJANAN MULIK AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Criminal Proceedings — Scope of Interference — The High Court is justified in quashing criminal proceedings under Section 482 CrPC when, upon examination of the allegations recorded in the FIR, it concludes that the essential ingredients of the alleged offences are not made out, and the allegations amount merely to a promise or
India Law Library Docid # 2424050

(31) REKHA SHARAD USHIR Vs. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD[SUPREME COURT OF INDIA] 26-03-2025
Negotiable Instruments Act, 1881 (NI Act) — Section 138 — Criminal Procedure Code, 1973 — Sections 200, 203, 204 — Suppression of Material Facts in Complaint — Abuse of Process of Law — Duty of Magistrate — Filing a complaint under Section 138 of the NI Act while deliberately suppressing material facts and documents constitutes an abuse of the process of law, disentitling the complainant to seek justice — Where the accused, upon receiving the statutory demand notice, had sent letters demanding c
India Law Library Docid # 2423908

(32) THE CHIEF OFFICER, NAGPUR HOUSING AND AREA DEVELOPMENT BOARD (A MHADA UNIT) AND OTHERS Vs. MANOHAR BURDE[SUPREME COURT OF INDIA] 26-03-2025
Consumer Protection Act, 1986 — Housing — Delay in Possession — Refund — Rate of Interest — Reasonableness — When possession of an allotted flat/plot is significantly delayed by a development authority/housing board and the home buyer opts for a refund, the buyer is entitled to a refund of the deposited amount with reasonable interest thereon — Interest @ 9% p.a., as awarded by the NCDRC considering the entirety of facts, was held to be fair and reasonable — The High Court's enhancement of inter
India Law Library Docid # 2423909

(33) STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION CHENNAI CITY-I DEPARTMENT Vs. G. EASWARAN[SUPREME COURT OF INDIA] 26-03-2025
Criminal Procedure Code, 1973 — Sections 482 and 397(3) — Quashing of Proceedings — Inherent Powers after Dismissal of Revision — Scope and Limitations — While the bar under Section 397(3) CrPC does not completely curtail the High Court's inherent power under Section 482 CrPC, this power must be exercised sparingly, cautiously, and only to prevent miscarriage of justice or correct procedural irregularities, especially when a revision petition against the same order has already been dismissed by
India Law Library Docid # 2423910

(34) IN RE: ORDER DATED 17.03.2025 PASSED BY THE HIGH COURT OF JUDICATURE AT ALLAHABAD IN CRIMINAL REVISION NO. 1449/2024 AND ANCILLARY ISSUES[SUPREME COURT OF INDIA] 26-03-2025
Judicial Propriety — Judicial Observations — Suo Moto Cognizance — Insensitivity — Supreme Court took suo moto cognizance based on a letter highlighting objectionable observations made by a Single Judge of the High Court in specific paragraphs of a judgment — Observations prima facie found to depict a "total lack of insensitivity" and an "inhuman approach," being characterized as "totally unknown to the cannons of law" — The fact that the judgment was delivered after being reserved for over four
India Law Library Docid # 2423913

(35) GAJENDRA SINGH Vs. REENA BALMIKI AND ANOTHER[SUPREME COURT OF INDIA] 26-03-2025
Family Law — Maintenance — Criminal Procedure Code, 1973 (CrPC) — Section 125 — Protection of Women from Domestic Violence Act, 2005 — Section 23 — Appeal arose initially from the High Court's dismissal of a Criminal Revision filed by the appellant-husband — The husband sought adjustment of maintenance awarded under S. 125 Cr.P.C. against the higher maintenance subsequently awarded under the DV Act — The High Court had upheld the lower courts' view that the S. 125 Cr.P.C. amount was considered w
India Law Library Docid # 2424001

(36) YADWINDER SINGH Vs. LAKHI ALIAS LAKHWINDER SINGH & ANR. ETC[SUPREME COURT OF INDIA] 26-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Power to Summon Additional Accused — Basis — Evidence During Trial — Examination-in-Chief — The power under Section 319 CrPC to proceed against any person not arraigned as an accused is triggered if it appears from the evidence during the course of any inquiry or trial that such person has committed an offence — This "evidence" refers to material recorded by the court, including statements made during examination-in-chief — The court is not re
India Law Library Docid # 2424111

(37) VIJAY PAL YADAV Vs. MAMTA SINGH AND OTHERS[SUPREME COURT OF INDIA] 26-03-2025
Criminal Procedure Code, 1973 — S. 41(1)(b)(ii) — Arrest — Safeguards — Police Conduct — Rights of Accused — The law requires that even individuals accused of offenses must be treated in accordance with legal procedures, ensuring the protection of their person and dignity — Evident high-handedness by police during investigation, potentially flouting safeguards concerning arrest as outlined in Arnesh Kumar Vs. State of Bihar & Another, (2014) 8 SCC 73, and involving allegations of physical abuse,
India Law Library Docid # 2424203

(38) SRIKRISHNA KANTA SINGH Vs. THE ORIENTAL INSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Motor Vehicles Act, 1988 — Section 166 — Negligence — Contributory Negligence — Pillion Rider Injury — Learner's Licence — Standard of Proof — Claimant (pillion rider) suffered double leg amputation in accident between scooter and trailer — FIR and Charge Sheet filed against trailer driver for rash and negligent driving — Insurer of trailer did not plead contributory negligence of scooter driver in written statement — Tribunal and High Court found contributory negligence (40%) on scooter driver
India Law Library Docid # 2423838

(39) AKSHAY GUPTA AND OTHERS Vs. ICICI BANK LIMITED AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Consumer Protection Act, 1986 — Section 23 — Appeal — Settlement — Tripartite Agreement (Buyer-Builder-Bank) — Appeals filed under Section 23 against NCDRC order dismissing consumer complaints by flat buyers — Complaints alleged unfair trade practices by Bank regarding loan recall notice in context of tripartite arrangement involving buyers, builder, and bank, where defaults occurred on all sides — Parties arrived at an amicable settlement before the Supreme Court with Court's facilitation — App
India Law Library Docid # 2423839

(40) DEEPAK KUMAR TALA Vs. STATE OF ANDHRA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r), 3(1)(s), 3(2)(va) [Implicitly Sections 18, 18A] — Prima Facie Case — Public View — Appeal against rejection of anticipatory bail — FIR lodged under various IPC sections and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act alleging caste slur, threats, conspiracy, abduction etc.
India Law Library Docid # 2423840