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(221) VINEET JAIN Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 28-04-2025
Criminal Procedure Code, 1973 — S. 439 — Bail — Principles for Grant — Economic Offences — Central Goods and Services Tax Act, 2017 — S. 132(1)(c), (f), (h) — In cases involving offences under specific statutes like the CGST Act, 2017, where the maximum sentence is limited (5 years), the case is triable by a Magistrate, the prosecution relies primarily on documentary evidence, a charge-sheet has been filed, the accused has undergone significant pre-trial detention (almost 7 months), and
India Law Library Docid # 2425289

(222) RAVISH SINGH RANA Vs. STATE OF UTTARAKHAND AND ANOTHER[SUPREME COURT OF INDIA] 28-04-2025
Penal Code, 1860 — Section 376 — Rape — Promise to Marry — Long-Term Live-in Relationship — Presumption of Consent — In a long-drawn live-in relationship spanning over two years, where adult parties cohabit under one roof, a presumption of valid consent for initiating and maintaining the physical relationship arises — The mere allegation that the relationship was entered into based on a promise of marriage, without more, may be unworthy of acceptance, especially when there is no assertion that t
India Law Library Docid # 2425407

(223) NEW INDIA ASSURANCE CO. LTD. Vs. KAMLESH AND OTHERS[SUPREME COURT OF INDIA] 28-04-2025
Motor Vehicles Act, 1988 — Section 167 — Claimants’ election of remedy between M.V. Act and Workmen’s Compensation Act, 1923 — Double benefit — Person entitled to claim under M.V. Act and also Workmen’s Compensation Act, 1923 can claim compensation only under either, not both, preserving right of election.
India Law Library Docid # 2425914

(224) OKHLA ENCLAVE PLOT HOLDERS WEL. ASSOCIATION Vs. UNION OF INDIA THROUGH SECRETARY AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Allotment — General Category Allottees — Eligibility Criteria — Multiple Plots within Family — The Court modified its earlier order dated 03.10.2019 concerning eligibility criteria — Accepting the Special Committee's prior observation (in its procedural order dated 04.10.2018) that the restriction limiting eligibility to one plot per family should not disentitle persons who paid the full sale consideration at market rates, the Court permitted those General Category allottees, previously found in
India Law Library Docid # 2425093

(225) THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND OTHERS Vs. SURESH MATHEW AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Government Contracts & Tenders — Judicial Review — Scope of Interference: The power of judicial review in matters relating to government tenders and contracts is circumscribed — Courts should exercise restraint and interfere only if the process adopted or decision made by the authority is vitiated by mala fides, intended to favour someone, or is so arbitrary and irrational that no responsible authority acting reasonably and in accordance with relevant law could have reached it, or if public inte
India Law Library Docid # 2425094

(226) CENTRAL BUREAU OF INVESTIGATION Vs. SURENDRA PATWA AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Banking Law — RBI Master Directions on Frauds — Administrative Action vs. Criminal Proceedings — An administrative action taken by banks under the RBI’s Master Directions (dated 01.07.2016) to classify a borrower’s account as fraudulent stands on a different footing from criminal proceedings (like registration of FIR and subsequent investigation by CBI/Police) initiated based on the detection of fraudulent activity — The former falls within the regulatory domain of the RBI and banks, while the l
India Law Library Docid # 2425095

(227) RAJAT GAERA Vs. TARUN RAWAT[SUPREME COURT OF INDIA] 25-04-2025
Practice and Procedure — Expeditious Disposal — Stay of Trial Proceedings by High Court — Landlord-Tenant Disputes — Where the High Court has stayed the trial or original proceedings in cases, particularly those pending between landlord and tenant, such cases must be heard expeditiously — A stay of the trial inevitably leads to delay in the conclusion of the trial and the entire proceedings thereafter — High Courts should endeavor to dispose of those cases where trial has been stayed by
India Law Library Docid # 2425103

(228) SHAKUNTLA DEVI Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 25-04-2025
Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — Course of Conduct — Proximate Cause — To establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused committed an active act or illegal omission which instigated the deceased or intentionally aided the deceased in committing suicide — A continuous course of conduct involving mental and physical torture, cruelty, and harassment (in this case, related to
India Law Library Docid # 2425134

(229) M/S SRI VENKATESWARA CONSTRUCTIONS Vs. STATE OF ODISHA AND OTHERS[SUPREME COURT OF INDIA] 25-04-2025
Tender Law — Interpretation of Conditions — Income Tax Return — “Previous Financial Year” — Due Date for Filing — Section 44AB, Income Tax Act, 1961 — Where a tender notice requires submission of the Income Tax Return (ITR) for the “previous financial year” and the bid submission deadline falls before the statutory due date for filing the ITR for the immediately preceding financial year (especially for assesses subject to tax audit under Section 44AB of the IT Act, 1961, considering applicable e
India Law Library Docid # 2425135

(230) MURLIDHAR AGGARWAL (D.) THR. HIS LR. ATUL KUMAR AGGARWAL Vs. MAHENDRA PRATAP KAKAN (D.) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 24-04-2025
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(1)(a) — Bona Fide Requirement — Assessment by Authorities — Appellate Review — The finding on bona fide requirement of the landlord under Section 21(1)(a) arrived at by the Prescribed Authority after analysing evidence regarding the landlord’s income, financial status, family needs, and lack of alternative business requires cogent and convincing reasons for reversal by the Appellate Authority — The Ap
India Law Library Docid # 2425055

(231) THE CHIEF EXECUTIVE OFFICER AND OTHERS Vs. S. LALITHA AND OTHERS[SUPREME COURT OF INDIA] 24-04-2025
Administrative Tribunals Act, 1985 — Sections 19, 20 & 21 — Limitation — Exhaustion of Remedies — Effect of Representation — (i) Section 21 prescribes a limitation period of one year for approaching the Tribunal, reckoned from the date of the final order rejecting a statutory remedy (like appeal/revision) or from the expiry of six months after making such statutory representation if no order is passed.
India Law Library Docid # 2425056

(232) ASIM MALLIK Vs. THE STATE OF ODISHA[SUPREME COURT OF INDIA] 24-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C) Commercial Quantity — Special Leave Petition — Bail — Grant by Supreme Court — Considerations — Period of Incarceration — In a Special Leave Petition concerning bail for an offence involving commercial quantity under Section 20(b)(ii)(C) of the NDPS Act, where the petitioner had initially been granted interim bail by the High Court, the Supreme Court may grant regular bail considering the significant period of incarcerat
India Law Library Docid # 2425057

(233) M/S CHITHRA WOODS MANORS WELFARE ASSOCIATION Vs. SHAJI AUGUSTINE[SUPREME COURT OF INDIA] 24-04-2025
Contempt of Courts Act, 1971 — Section 2(b) — Civil Contempt — Wilful Disobedience — Failure to comply with a specific monetary direction passed by the Supreme Court (directing payment of arrears of use and occupation charges in instalments), despite seeking and obtaining time or benefit under related court orders (like status quo), constitutes wilful disobedience amounting to civil contempt, especially when the contemnor continues to enjoy the property and its benefits without making payments o
India Law Library Docid # 2425096

(234) DASHRATH Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 24-04-2025
Prevention of Corruption Act, 1988 — Section 19 — Sanction for Prosecution — Application of Mind by Sanctioning Authority — Nature and Object — The grant of sanction for prosecution under the Prevention of Corruption Act, 1988, is an administrative function requiring the subjective satisfaction of the sanctioning authority based on due application of mind to the materials placed before it, primarily to ascertain the existence of a prima facie case, and not to judge the truth of the allegations —
India Law Library Docid # 2425502

(235) RAJU NARYANA SWAMY Vs. STATE OF KERALA AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025
Service Law — Promotion — Indian Administrative Service (IAS) — Chief Secretary Grade — Consideration of Annual Confidential Reports (ACRs/PARs) — ‘Washed Off’ Principle — Adverse entries prior to earlier promotion — In considering promotion to the highest echelons of civil service, the entire service record of the officer may be examined — However, adverse entries recorded prior to an earlier promotion are generally treated as having lost their sting (‘weak material’), unless such entries perta
India Law Library Docid # 2424965

(236) MUPPIDI LAKSHMI NARAYANA REDDY AND OTHERS Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — Matrimonial dispute — Allegations against relatives of husband — Where allegations against the husband's relatives (appellants residing in Hyderabad) concerning dowry demands related to a marriage based in Guntur are omnibus and general in nature, lacking specific details or dates of their alleged visits or acts of instigation or demand, such prosecution is unsustainable.
India Law Library Docid # 2424966

(237) STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR[SUPREME COURT OF INDIA] 23-04-2025
Criminal Appeal — Appeal Against Acquittal — Scope of Interference — The Supreme Court ordinarily refrains from interfering with a judgment of acquittal rendered by the High Court, particularly when the High Court’s assessment of the evidence presents a plausible view of the matter.
India Law Library Docid # 2424967

(238) PRAMILA DEVI AND OTHERS Vs. THE STATE OF JHARKHAND AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025
Criminal Procedure Code, 1973 — Sections 190, 204 — Cognizance on Police Report — Requirement of Reasons — An order taking cognizance of offences based upon a police report (chargesheet) and accompanying materials does not necessitate the recording of detailed or elaborate reasons articulating the basis for satisfaction — Indication in the order that the Magistrate/Judge has perused the relevant materials (like ‘case diary and case record’) and formed an opinion that a prima facie case is
India Law Library Docid # 2424968

(239) SIVAKUMAR Vs. THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025
Criminal Procedure Code, 1973 – Section 482 – Quashing of Chargesheet – Lack of Involvement – Where the undisputed facts demonstrate that the accused-appellant assumed the relevant managerial position significantly after the alleged criminal transaction (auction sale and issuance of sale certificate under SARFAESI Act) concluded, and had no role, authority, or involvement in the process leading to the allegations (cheating, forgery by suppression of encumbrance), the continuation of criminal pro
India Law Library Docid # 2424969

(240) STATE OF SIKKIM AND OTHERS Vs. DR. MOOL RAJ KOTWAL[SUPREME COURT OF INDIA] 23-04-2025
Service Law — Leave Encashment — Sikkim Government Services (Leave) Rules, 1982 — Rule 36 — Scope and Applicability — The entitlement to cash payment in lieu of unutilized earned leave under Rule 36 is specifically available to a Government servant who retires from service under the Sikkim Government Service Rules, 1974 (Service Rules), upon attaining the age of superannuation — This benefit is capped at a maximum of 300 days’ leave salary standing at credit on the date of
India Law Library Docid # 2424970