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(281) DHANASINGH PRABHU Vs. CHANDRASEKAR AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Complaint against partners of a firm without naming the firm as an accused or issuing notice to it — Maintainability — Distinction between a Company and a Partnership Firm - A partnership firm is not a distinct legal entity like a company; it is a compendium of its partners — The partners are jointly and severally liable for the firm’s acts — While a
India Law Library Docid # 2427844

(282) MANDEEP SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Constitution of India, 1950 — Article 320(3) — Functions of Public Service Commissions — Consultation with Public Service Commission — Mandatory vs. Directory — While Article 320(3)(a) uses “shall be consulted” and appears mandatory, previous Supreme Court rulings (Manbodhan Lal Srivastava) have held Article 320(3)(c) to be directory — However, this distinction is crucial as (3)(a) concerns policy-level
India Law Library Docid # 2427845

(283) TORRENT POWER LIMITED Vs. U.P. ELECTRICITY REGULATORY COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Electricity Act, 2003 — Section 2(27); Section 14, Seventh Proviso — Distribution Licensee — Appointment of Franchisee — Jurisdiction of Regulatory Commissions (ERCs) — A Distribution Licensee can appoint a franchisee to undertake electricity distribution, and the franchisee does not require a separate license from the ERC — The Distribution Licensee remains responsible for electricity distribution in its area; therefore,
India Law Library Docid # 2427846

(284) VIBHOR GARG Vs. NEHA[SUPREME COURT OF INDIA] 14-07-2025
Evidence Act, 1872 — Section 122 — Communications during marriage — Spousal privilege — Scope and Exceptions — Section 122 of the Evidence Act has two parts: “compellability” (cannot compel a spouse to disclose communication made to them) and “permissibility” (cannot permit disclosure unless the communicating spouse consents) — The primary objective of Section 122 is to protect the sanctity
India Law Library Docid # 2427847

(285) KUM. SHUBHA @ SHUBHASHANKAR Vs. STATE OF KARNATAKA AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025
Penal Code, 1860 — Sections 302, 201 and 120B — Murder and Criminal Conspiracy — Destruction of Evidence — Circumstantial Evidence — Conviction upheld based on motive, call detail records (CDR), and recovery of weapons, despite unreliable eyewitnesses.
India Law Library Docid # 2427848

(286) SHAILESH KUMAR SINGH ALIAS SHAILESH R. SINGH Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Bharatiya Nyaya Sanhita, 2023 — Sections 60(b), 316(2), 318(2) — Cheating and Criminal Breach of Trust — FIR quashed as no offence made out. Civil dispute cannot be used to initiate criminal proceedings. High Court’s direction for mediation with payment of money is inappropriate
India Law Library Docid # 2427895

(287) RAJEEV KUMAR SHARMA Vs. THE STATE OF JHARKHAND AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025
Criminal Procedure Code, 1973 — Section 156(3) — Police Investigation — Magistrate’s powers — A private complaint filed before a Magistrate can be processed by taking cognizance, directing police investigation under Section 156(3) Cr.P.C., or initiating a magisterial inquiry under Section 202 Cr.P.C — Dismissal of complaint under Section 203 Cr.P.C is also an option.
India Law Library Docid # 2427943

(288) KATHYAYINI Vs. SIDHARTH P.S. REDDY AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 120B, 415, 420, 34 — Quashing of criminal proceedings — Pendency of civil suit — While the High Court found a prima facie case of criminal conspiracy and cheating against the respondents, it quashed the criminal proceedings due to the pendency of a civil suit concerning the same subject matter — The Supreme Court overturned this,
India Law Library Docid # 2427825

(289) ESTATE OFFICER, HARYANA URBAN DEVELOPMENT AUTHORITY AND OTHERS Vs. NIRMALA DEVI[SUPREME COURT OF INDIA] 14-07-2025
Land Acquisition — Allotment of Plots to Oustees — Policy of 1992 vs. Policy of 2016 — Application Procedure — Earnest Money — Delay and Laches — Maintainability of Suits — While previous policy (1992) required oustees to apply in a specified format with 10% earnest money, many failed to do so, instituting suits 14-20 years later — The High Court affirmed benefits based on the 1992 policy without addressing the non-compliance with application formalities or the significant delay;
India Law Library Docid # 2427862

(290) MOHAMMAD ALI Vs. SHARANAPPA[SUPREME COURT OF INDIA] 14-07-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Appeal against High Court's conviction — Appellant argued that foundational facts for proving the offence were not laid by the complainant and therefore the presumption under Sections 118 and 139 of the Act should not have been raised — Court found that the complainant had proved his case and the High Court was
India Law Library Docid # 2428312

(291) ASHWINKUMAR GOVINDBHAI PRAJAPATI Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 25-06-2025
Criminal Procedure — Investigation — Summoning of Lawyers — Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), Section 179 — Evidence Act, 1872 — Section 126 (Corresponding to Section 132 of Bhartiya Sakshya Adhiniyam, 2023) — Confidentiality of Client Communications — Professional Duty of Advocates — Whether Investigating Agencies can directly summon a lawyer for questioning related
India Law Library Docid # 2427141

(292) WAZAHAT KHAN Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 23-06-2025
Criminal Procedure — Multiple FIRs/Complaints — Consolidation and Transfer — Interim Protection — The Petitioner, facing multiple First Information Reports (FIRs) and complaints across various states due to social media posts, sought consolidation of all cases and transfer to a neutral state for investigation, or alternative reliefs including a blanket prohibition on further cognizance/registration, and interim protection from coercive steps. The Court acknowledged the presence of multiple
India Law Library Docid # 2427142

(293) KUNDAN SINGH Vs. THE SUPERINTENDENT OF CGST AND CENTRAL EXCISE[SUPREME COURT OF INDIA] 23-06-2025
Criminal Procedure — Bail — Anticipatory Bail — Regular Bail — Conditions for bail — Voluntary offers of deposit by accused — Practice of making voluntary offers of substantial deposits to secure bail and then challenging conditions as onerous or counsel lacking authority is strongly deprecated — Such conduct forecloses merits-based consideration of bail and amounts to playing “ducks and drakes” with the Court
India Law Library Docid # 2427144

(294) RENAVVA @ LAKSHMI AND OTHERS Vs. SHANTILKUMARSWAMY R. SUBRAMANYA AND OTHERS[SUPREME COURT OF INDIA] 20-06-2025
Civil Procedure Code, 1908 — Special Leave Petition — Interference by Supreme Court — When not to interfere — Where High Court's judgment is based on an established legal principle and factual analysis, and the Supreme Court finds no error or infirmity, a special leave petition will be dismissed for lack of merit.
India Law Library Docid # 2427145

(295) SHAMBHU YADAV Vs. THE STATE OF BIHAR[SUPREME COURT OF INDIA] 18-06-2025
Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented
India Law Library Docid # 2427143

(296) AMLESH KUMAR Vs. THE STATE OF BIHAR[SUPREME COURT OF INDIA] 09-06-2025
Penal Code, 1860 — Sections 341, 342, 323, 363, 364, 498(A), 504, 506 and 34 — Domestic Violence — Missing Person — Husband and Family Accused of Fouls Play — FIR Registered — Wife Allegedly Ran Away — Complaint Filed — Missing Person Not Found — Co-Accused Granted Bail — Appellant’s Bail Rejected Based on FIR Allegations and Co-Accused Confessional Statements — Appellant Approached High Court for Bail.
India Law Library Docid # 2426540

(297) DHANYAM Vs. STATE OF KERALA AND OTHERS[SUPREME COURT OF INDIA] 06-06-2025
Kerala Anti-Social Activities (Prevention) Act, 2007 — Section 3 — Preventive Detention — “Notorious Goonda” — Threat to society at large — Justification for preventive detention — Power to be used sparingly and only in rare cases, as an exception to Article 21 of the Constitution — Extraordinary nature requires strict observance of procedural safeguards and demonstration of conformity with procedure established by law — Burden on detaining authority to prove justification — Preventive detention
India Law Library Docid # 2426438

(298) THE STATE OF KARNATAKA Vs. VINAY RAJASHEKHARAPPA KULKARNI[SUPREME COURT OF INDIA] 06-06-2025
Criminal Procedure Code, 1973— Section 439(2) — Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 483(3) — Cancellation of bail — Jurisdiction of Trial Court (Court of Sessions) — Bail granted by Supreme Court — Trial Court declined to entertain CBI application for cancellation of bail granted by Supreme Court on grounds of maintainability and propriety — Erroneous view — Court of Sessions is entitled to entertain an application for cancellation of bail under Section 439(2) CrPC / 483(3
India Law Library Docid # 2426441

(299) M/S. BALAJI TRADERS Vs. THE STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 05-06-2025
Penal Code, 1860 — Section 387 — Putting person in fear of death or of grievous hurt, in order to commit extortion — Distinction from Section 384 (Punishment for extortion) — Essential ingredients of Section 387 are putting a person in fear of death or grievous hurt in order to commit extortion — This is a stage prior to actual commission of extortion under Section 383/384 — Delivery of property or valuable security, though essential for Section 383
India Law Library Docid # 2426436

(300) ABHISHEK SINGH Vs. AJAY KUMAR AND OTHERS[SUPREME COURT OF INDIA] 05-06-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope of High Court’s power — Determination of prima facie case confined to averments in FIR/complaint — Appreciation of defence evidence or undertaking mini-trial impermissible at initial stage — High Court cannot embark upon appreciation of evidence while considering quashing application — Quashing permissible only when allegations in FIR/charge-sheet do not
India Law Library Docid # 2426437