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(241) JITENDER @ KALLA Vs. STATE (GOVT. OF NCT OF DELHI) AND OTHERS [SUPREME COURT OF INDIA] 20-02-2025
maintain the integrity of the judicial process and prevent misconduct

A. Advocate-on-Record's Responsibilities — An advocate-on-record is entirely responsible to the Supreme Court for the correctness of facts and documents in petitions/appeals/counter-affidavits, even if drafted by another advocate, and must verify the same to prevent suppression of facts and ensure justice
India Law Library Docid # 2422721

(242) VISHAL SHAH Vs. MONALISHA GUPTA AND OTHERS[SUPREME COURT OF INDIA] 20-02-2025
Passport Act, 1967 — Section 10 — Protection of Women from Domestic Violence Act, 2005 — Extradition Process in Quasi-Criminal Proceedings — Extradition process cannot be initiated against a defendant for non-appearance in quasi-criminal proceedings (e.g., under the Domestic Violence Act) when their passport has been impounded due to circumstances beyond their control — Quasi-criminal proceedings do not necessarily require personal appearance, and impoundment of passport constitutes a valid
India Law Library Docid # 2422749

(243) KAILASH KUMAR Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 20-02-2025
Penal Code, 1860 (IPC) — Sections 307 and 34 — Bail — Cancellation of bail must be based on specific, post-grant conduct of the accused, such as breach of conditions, witness tampering, or evidence interference, rather than a re-evaluation of the case's merits — The Supreme Court allowed an appeal, setting aside a High Court order that had cancelled the bail of an accused — The Court found that the High Court erred in conducting a mini-trial and not considering relevant factors for bail cancella
India Law Library Docid # 2422822

(244) KAILASH KUMAR Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 20-02-2025
Penal Code, 1860 (IPC) — Sections 307 and 34 — Grounds for Cancellation of Bail — Bail can be cancelled if the accused misuses the concession of liberty, delays the trial, influences/threatens witnesses, tampers with evidence, or if there's a supervening circumstance warranting reevaluation — The court must record satisfaction that one of these grounds exists before cancelling
India Law Library Docid # 2422800

(245) STATE OF HIMACHAL PRADESH Vs. RAJESH KUMAR @ MUNNU[SUPREME COURT OF INDIA] 20-02-2025
Penal Code, 1860 (IPC) — Sections 376 and 452 — Acquittal — Appeal against — The acquittal was upheld by the Supreme Court, which held that the prosecution's case was weakened due to the non-cooperation of the prosecutrix and her parents in the medical examination, the delay in lodging the FI
India Law Library Docid # 2423288

(246) KOLKATA TOURS AND TRAVELS (I) PVT. LTD. AND OTHERS Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 20-02-2025
Haj Committee Act, 2002 — Courts may decline to interfere with policy implementation if it doesn't challenge the policy itself, but rather its initial teething issues, allowing policymakers time to address anomalies — The Supreme Court disposed of writ petitions filed by Haj Group Organisers (HGOs) challenging the allocation of quota for Haj pilgrims under the Haj-2025 Policy, as discussions led to equitable redistribution among HGOs; the Court allowed a deadline extension for submitting revised
India Law Library Docid # 2423726

(247) STATE OF RAJASTHAN Vs. SURENDRA SINGH RATHORE[SUPREME COURT OF INDIA] 19-02-2025
Registration of Second FIR — Generally, two FIRs cannot be registered for the same offence or incident, but exceptions exist where a second FIR presents a rival version, reveals new discoveries, or pertains to a larger conspiracy or separate incidents — Courts examine the facts and circumstances of both FIRs to determine if they relate to the
India Law Library Docid # 2422689

(248) ZON HOTELS PRIVATE LIMITED Vs. GOA COASTAL ZONE MANAGEMENT AUTHORITY AND OTHERS[SUPREME COURT OF INDIA] 19-02-2025
Environment (Protection) Act, 1986 — Coastal Regulation Zone (CRZ) Notification —Violations of Natural Justice — The Supreme Court held that the Goa Coastal Zone Management Authority's (GCZMA) order determining environmental compensation without issuing a Show Cause Notice or providing an opportunity of hearing to the appellant was a unilateral decision violating principles of natural justice.
India Law Library Docid # 2423010

(249) MAATR SPARSH AN INITIATIVE BY AVYAAN FOUNDATION Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 19-02-2025
Constitution of India, 1950 — Articles 14 and 15(3) — Right to Breastfeeding Facilities — The Supreme Court directs the Union of India to ensure that State Governments/Union Territories provide adequate facilities for breastfeeding mothers and infants in public places, in accordance with Articles 14 and 15(3)
India Law Library Docid # 2423045

(250) HITESH UMESHBHAI MASHRU Vs. THE STATE OF GUJARAT AND ANOTHER [SUPREME COURT OF INDIA] 18-02-2025
Penal Code, 1860 (IPC) — Sections-493 and 376(2)(n) — Anticipatory Bail — Grant of — The Supreme Court may grant anticipatory bail even after the filing of a charge-sheet, considering the peculiar circumstances of the case, without expressing opinion on the merits, to ensure the accused's liberty is protected while maintaining
India Law Library Docid # 2422722

(251) SUBHELAL @ SUSHIL SAHU Vs. THE STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 18-02-2025
Criminal Procedure Code, 1973 — Section 437(6) — Liberal Interpretation of Section 437(6) — Applications under Section 437(6) should be dealt with a liberal approach, prioritizing the accused's right to speedy trial and individual liberty
India Law Library Docid # 2422656

(252) JAIDEEP BOSE Vs. M/S. BID AND HAMMER AUCTIONEERS PRIVATE LIMITED[SUPREME COURT OF INDIA] 18-02-2025
Penal Code, 1860 (IPC) — Sections 499 and 500 — Defamation — In criminal defamation cases under sections 499 and 500 IPC, where the accused resides outside the Magistrate's jurisdiction, mandatory inquiry or investigation under Section 202 CrPC is required before issuing summons — Additionally, specific allegations are necessary to implicate individuals in key media positions (e.g., Editorial Directors), beyond mere oversight of publications — Furthermore, courts may quash proceedings
India Law Library Docid # 2422657

(253) IN RE: POLICY STRATEGY FOR GRANT OF BAIL[SUPREME COURT OF INDIA] 18-02-2025
Constitution of India, 1950 — Articles 14 and 21 — Right to Equality — Fair Treatment in Premature Release — State has a positive duty to consider all eligible convicts for premature release under its policy without requiring an individual application, to ensure fair treatment under Articles 14 and 21 of the Constitution
India Law Library Docid # 2422658

(254) BALAI CHANDRA MONDAL Vs. LAXMIPRIYA DEY AND ANOTHER[SUPREME COURT OF INDIA] 18-02-2025
Negotiable Instruments Act, 1881 —Section 138 —Sentencing Guidelines — Petitioner's sentence for dishonoring a cheque reviewed — Supreme Court directs partial release of deposited fine to respondent and return of remainder to petitioner, emphasizing proportionality of sentence to compensatory objectives of the Act.
India Law Library Docid # 2422729

(255) RAJEEV SURI Vs. ARCHAEOLOGICAL SURVEY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 18-02-2025
Constitutional Law — Protection of Historical Monuments — Writ Jurisdiction — Supreme Court intervenes to safeguard a historical monument, ordering removal of encroachments, transfer of control to governmental authority, and initiation of conservation efforts, highlighting judicial oversight in preserving cultural heritage.
India Law Library Docid # 2422730

(256) DR. POORNIMA ADVANI AND ANOTHER Vs. GOVERNMENT OF NCT AND ANOTHER[SUPREME COURT OF INDIA] 18-02-2025
Constitution of India, 1950 — Article 265 — Stamp Act, 1899 — Section 49(a) — Statutory Interpretation — Courts should interpret statutes practically to cover omitted scenarios, ensuring the law does not become unjust — The court should not deny relief to a person who lost an e-stamp paper simply because the statute doesn't explicitly provide for such cases, to avoid falling foul of Article 14 of the
India Law Library Docid # 2422879

(257) ALL INDIA TEA AND TRADING CO. LTD Vs. INDIAN OIL CORPORATION LTD. AND OTHERS[SUPREME COURT OF INDIA] 18-02-2025
Land Acquisition Act, 1894 — Sections 4 and 18 — Consideration of Exemplars in Land Acquisition — In determining market value for land acquisition, the court should consider exemplars (sale instances) that accurately reflect the acquired land's characteristics, with preference for similar land types — Using dissimilar land types as exemplars may lead to inaccurate market
India Law Library Docid # 2422801

(258) ABHISHEK MISHRA Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Jurisdiction under Section 482 — Merely Filing a Charge-Sheet Not a Bar — The Supreme Court reiterates that the filing of a charge-sheet does not preclude the High Court from exercising its jurisdiction under Section 482 of the Cr.P.C. to quash proceedings.
India Law Library Docid # 2422724

(259) JAGDISH CHAND MEMORIAL TRUST Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 17-02-2025
No Objection Certificate (NOC) — Withdrawal of a No Objection Certificate (NOC) for an Ayurvedic Medical College and Hospital — The court dismissed the appeal, asserting that the NOC was issued without adhering to the mandatory Rules of Business, which require the Council of Ministers' approval for policy decisions affecting the state — Consequently, the court determined that the appellant could not claim an irrefutable right based on an invalidly issued grant, nor could they invoke promissory e
India Law Library Docid # 2422600

(260) STATE OF PUNJAB AND OTHERS Vs. TRISHALA ALLOYS PVT. LTD.[SUPREME COURT OF INDIA] 17-02-2025
Punjab Value Added Tax Rules, 2005 — Rule 21(8) — Rule reducing input tax credit for existing stock cannot be applied retrospectively without explicit statutory authority, as it infringes upon taxpayers' vested rights, emphasizing that tax laws apply as per the relevant assessment year unless otherwise specified, and statutory amendments affecting vested rights require clear legislative intent, as evident in the court's holding that Rule 21(8), lacking prior statutory authority, cannot diminish
India Law Library Docid # 2422601