(341) REKHA SHARMA Vs. HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025 Constitution of India, 1950 — Articles 14, 16, 32 — Rights of Persons with Disabilities Act, 2016 — Recruitment — Judicial Services — Reservation (Horizontal - PwBD; Vertical - EWS/ST) — Minimum Qualifying Marks vs. Cut-off — Adjustment of Candidates — In recruitment processes involving both vertical and horizontal reservations (like for Persons with Benchmark Disabilities - PwBD), the non-selection of a PwBD candidate who has secured the prescribed minimum qualifying marks but falls below the P India Law Library Docid # 2425060
(342) JHARKHAND URJA UTPADAN NIGAM LTD. AND ANOTHER Vs. M/S BHARAT HEAVY ELECTRICALS LIMITED[SUPREME COURT OF INDIA] 15-04-2025 Civil Procedure Code, 1908 — Or. XX R. 1 (as amended by Commercial Courts Act, 2015) & Limitation Act, 1963 — S. 5 & Commercial Courts Act, 2015 — S. 13(1-A) — Commencement of Limitation for Appeal — Duty to Issue Copy vs. Litigant Diligence — The provision in Or. XX R. 1 CPC, requiring a Commercial Court/Division/Appellate Division to pronounce judgment within 90 days of conclusion of arguments and issue copies thereof to parties (through electronic mail or otherwise), is directory and not mand India Law Library Docid # 2425137
(343) SURESH KUMAR AGARWAL Vs. M/S. HALDIA STEELS LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025 Code of Criminal Procedure, 1973 — Section 173(8) — Further Investigation — Abuse of Process — Belated and Frivolous Complaints — Directing further investigation under Section 173(8) CrPC into a complaint that is filed after gross, undue, and unexplained delay, and where the admitted allegations do not disclose the necessary ingredients of any cognizable offence, amounts to an abuse of the process of law — This is especially India Law Library Docid # 2425406
(344) PRABHJOT KAUR Vs. STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 09-04-2025 Punjab Civil Services (Reservation of Posts for Women) Rules, 2020 — Reservation for Women — Horizontal Reservation — Implementation via advertisement — Where an advertisement was issued subsequent to the notification of the 2020 Rules providing 33% horizontal reservation for women, and specified certain posts (like DSP ‘SC Sports’) as reserved for women (‘SC Sports (Women)’), this reservation specification within the advertisement, implementing the mandate of the 2020 Rules, is valid for that r India Law Library Docid # 2424442
(345) R. NAGARAJ (DEAD) THROUGH LRs. AND ANOTHER Vs. RAJMANI AND OTHERS[SUPREME COURT OF INDIA] 09-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope and Power of High Court — A second appeal lies only if the High Court is satisfied that the case involves a substantial question of law, which it must formulate precisely (S. 100(1), (3), (4)) — The High Court’s jurisdiction is confined to deciding the substantial question(s) of law so formulated (or any other substantial question after recording reasons under the proviso to S. 100(5)) — The High Court should adjudicate the formula India Law Library Docid # 2424443
(346) NEHA ENTERPRISES Vs. COMMISSIONER, COMMERCIAL TAX, LUCKNOW, UTTAR PRADESH[SUPREME COURT OF INDIA] 09-04-2025 Uttar Pradesh Value Added Tax Act, 2008 — Sections 7(c), 13(1) & 13(7) — Input Tax Credit (ITC) — Entitlement — Sales exempt under S. 7(c) — Where a dealer makes sales to manufacturer-exporters against Form-E, which are exempt from tax under S. 7(c) pursuant to notifications (dated 24.02.2010 and 25.03.2010), the dealer is not entitled to claim ITC on the purchase tax paid on such goods — The specific prohibition contained in S. 13(7)(i) explicitly disallows ITC facility in respect of purchases India Law Library Docid # 2424444
(347) SERIOUS FRAUD INVESTIGATION OFFICE Vs. ADITYA SARDA[SUPREME COURT OF INDIA] 09-04-2025 Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Nature and Scope — Power to grant anticipatory bail under S. 438 is an extraordinary power to be exercised sparingly and only in exceptional cases, not as a matter of routine — Its object is to protect individuals from harassment or humiliation, but this must be balanced against the larger societal interest in maintaining law and order and ensuring India Law Library Docid # 2424445
(348) 3S AND OUR HEALTH SOCIETY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 09-04-2025 Food Safety and Standards Act, 2006 — Section 16 — Food Safety and Standards (Labelling and Display) Regulations, 2020 — Front-of-Package Nutrition Labelling (FOPNL) / Indian Nutrition Rating (INR) System — Public Interest Litigation — Judicial Directions — In a Public Interest Litigation seeking directions for implementation of Front-of-Package Warning Labels, where the Food Safety and Standards Authority of India (FSSAI) apprised the Court of the ongoing process involving draft regulations for India Law Library Docid # 2425141
(349) JANARDAN RAY Vs. THE STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 09-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of Sentence Pending Appeal — Conviction under Section 302 IPC — Principles for Exercise of Power — The power of an appellate court under Section 389 CrPC to suspend the execution of sentence pending appeal, especially in cases involving conviction for serious offences like murder under Section 302 IPC, must be exercised sparingly, with caution, and only in rare and exceptional circumstances after recording reasons in writing. India Law Library Docid # 2425140
(350) THE STATE OF MADHYA PRADESH Vs. DINESH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 08-04-2025 Madhya Pradesh Land Revenue Code, 1959 — Sections 11 & 165(6)(ii) — Revenue Officers — Collector — Competence of Additional Collector — An Additional Collector is competent and possesses the requisite jurisdiction to grant permission for the transfer of land belonging to a member of an indigenous tribe under Section 165(6)(ii), where Section 11 includes 'Additional Collectors' within the class of 'Collector', and a specific, pre India Law Library Docid # 2424370
(351) RAKESH KUMAR VERMA Vs. HDFC BANK LTD.[SUPREME COURT OF INDIA] 08-04-2025 Contract Act, 1872 — S. 28 — Civil Procedure Code, 1908 — S. 20 — Contractual Clauses — Exclusive Jurisdiction — Validity — Parties to a contract, including an employment contract, are free to agree on conferring exclusive jurisdiction upon a specific court, thereby ousting the jurisdiction of other courts which might otherwise be competent under S. 20, CPC — Such a clause is valid and enforceable provided that: (i) it does not absolutely restrict a party from enforcing rights through usual lega India Law Library Docid # 2424371
(352) NEW INDIA ASSURANCE CO. LTD. Vs. SMT. SUNITA SHARMA AND OTHERS[SUPREME COURT OF INDIA] 08-04-2025 Motor Vehicles Act, 1988 — Compensation — Deductibility — Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 — Financial assistance received or receivable by dependents of a deceased government employee under the Haryana Rules of 2006, specifically under the head equivalent to ‘pay and other allowances’ last drawn by the deceased, must be deducted/excluded while computing compensation for loss of income/dependency under the Motor India Law Library Docid # 2424372
(353) HYEOKSOO SON AUTHORIZED REPRESENTATIVE FOR DAECHANG SEAT AUTOMOTIVE PVT. LTD. Vs. MOON JUNE SEOK AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR/Chargesheet — Scope of Power — The inherent power of the High Court under Section 482 Cr.P.C. to quash criminal proceedings must be exercised sparingly and with caution — The court cannot embark upon an inquiry into the reliability, genuineness, or veracity of the allegations made in the FIR or chargesheet, nor conduct a ‘mini-trial’ — The allegations must be taken at face value to determine if they prima facie constitute an offence a India Law Library Docid # 2424373
(354) M/S. CHATHA SERVICE STATION Vs. LALMATI DEVI AND OTHERS[SUPREME COURT OF INDIA] 08-04-2025 Motor Vehicles Act, 1988 — S. 149 (pre-amendment 2019) — Central Motor Vehicles Rules, 1989 — R. 9 — Driving Licence — Endorsement for Hazardous Goods — Breach of Policy Condition — Pay and Recover — The absence of a specific endorsement on the driver's transport vehicle licence, certifying completion of the training course prescribed under Rule 9 of the Central Motor Vehicles Rules, 1989, for driving a goods carriage carrying dangerous or hazardous goods, constitutes a fundamental breach of the India Law Library Docid # 2424374
(355) SAKSHI ARHA Vs. THE RAJASTHAN HIGH COURT AND OTHERS[SUPREME COURT OF INDIA] 08-04-2025 Service Law — Recruitment — Rajasthan Judicial Service Rules, 2010 — Reservation — OBC-NCL/MBC-NCL/EWS — Cut-off Date for Eligibility — Certificate Validity — The eligibility of a candidate claiming reservation benefits under categories like Other Backward Classes (Non-Creamy Layer) [OBC-NCL], Most Backward Classes (Non-Creamy Layer) [MBC-NCL], or Economically Weaker Section [EWS], whose status is dynamic and dependent on current socio-economic criteria, must be established as existing on the cu India Law Library Docid # 2424375
(356) ANNAYA KOCHA SHETTY (DEAD) THROUGH LRS Vs. LAXMIBAI NARAYAN SATOSE SINCE DECEASED THROUGH LRS AND OTHERS[SUPREME COURT OF INDIA] 08-04-2025 Evidence Act, 1872 — Sections 91 & 92 — Interpretation of Written Agreements (Deeds) — Exclusion of Oral Evidence — The terms of a written contract, grant, or disposition of property must primarily be ascertained from the document itself — Oral evidence contradicting, varying, adding to, or subtracting from the terms of such a written instrument is inadmissible between the parties, unless the situation falls within the specific exceptions provided in the Provisos to S. 92 (such as fraud, mistake India Law Library Docid # 2424376
(357) STATE OF KARNATAKA Vs. SRI CHANNAKESHAVA.H.D. AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Prevention of Corruption Act, 1988 — Section 17 (Second Proviso) & Section 13(1)(b) — Investigation of Disproportionate Assets — Order of Superintendent of Police — Preliminary Enquiry — The second proviso to Section 17 mandates that an investigation into an offence under Section 13(1)(b) (disproportionate assets) requires an order from a police officer not below the rank of Superintendent of Police (SP) — However, this provision does not explicitly require the SP to conduct a separate prelimina India Law Library Docid # 2424377
(358) KARAN SINGH Vs. THE STATE OF HARYANA[SUPREME COURT OF INDIA] 08-04-2025 Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (as amended by Act of 2012) — Section 9 — Sentence for failure to surrender after parole — Applicability of Amendment Act, 2012 — Retrospectivity — The amendment to S. 9 by the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012 (w.e.f. 01.10.2012), which introduced a minimum sentence of two years, is not applicable retrospectively — Where the offence of failing to surrender after parole was committed (17.06.2010) an India Law Library Docid # 2424447
(359) THE STATE OF TAMIL NADU Vs. THE GOVERNOR OF TAMILNADU AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Governor's Powers under Article 200 are Limited and Exclusive — When presented with a Bill, the Governor must choose one of only three mutually exclusive options under the substantive part of Article 200: assent, withhold assent, or reserve for Presidential consideration. India Law Library Docid # 2424501
(360) HARDYAL INDER SINGH Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 08-04-2025 Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Factors Considered — Prolonged Investigation & Cooperation — Anticipatory bail may be granted where the investigation against the appellant has remained incomplete for a considerable period (over two and a half years), even after an initial closure report was rejected and further investigation ordered, particularly when coupled with the fact that the appellant has joined the investigation when called upon (thrice in this instance) India Law Library Docid # 2424552