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(441) SHEIKH JAVEED AHMAD AND ANOTHER Vs. STATE OF J&K AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Service Law — Appointment — Relaxation of Qualification — Impossibility of Performance — Lex non cogit ad impossibilia — Where the appointing authority (SKIMS), after sponsoring candidates for a required diploma and making efforts to secure their admission, found that the diploma course was unavailable or discontinued, and this was corroborated by an external expert from a premier institution (AIIMS), the High Court erred in concluding that there was no impossibility in securing the qualificatio
India Law Library Docid # 2425398

(442) 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

(443) 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

(444) 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

(445) 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

(446) 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

(447) 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

(448) 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

(449) SONIKA AND OTHERS Vs. MAHENDER NATH AND OTHERS[SUPREME COURT OF INDIA] 26-03-2025
Motor Accident Compensation — Assessment of Income — Prospective Income from Confirmed Job Offer — Where the deceased had secured a confirmed job offer (Sailor in Indian Navy) with a defined higher salary prior to the fatal accident, the compensation for loss of dependency should be calculated based on this prospective income, rather than the lower income from his temporary private employment at the time of death
India Law Library Docid # 2424537

(450) PUSHKAR JAMNERKAR Vs. THE STATE OF TELANGANA AND OTHERS[SUPREME COURT OF INDIA] 26-03-2025
Criminal Procedure Code, 1973 — Ss. 200, 202 & 482 — Penal Code, 1860 — Ss. 420, 465, 468, 471 — Quashing of Complaint — Abuse of Process of Law — Circumvention of Arbitral Award — Criminal complaint filed by Respondent No. 2 alleging forgery etc. concerning a manuscript dated 17.05.2013 — Complaint filed after an Arbitral Tribunal (London) had already adjudicated upon the admissibility, relevancy, proof, and alleged markings on the same manuscript, finding no dishonest markings, and passed a fi
India Law Library Docid # 2424607

(451) KALICHARAN MANDAL AND OTHERS Vs. THE STATE OF ASSAM AND ANOTHER[SUPREME COURT OF INDIA] 26-03-2025
Land Law — Encroachment on Government Land — Public Project (Solar Power Plant) — Relocation and Rehabilitation — Balancing of Interests — Petitioners, acknowledged as encroachers on Government land earmarked for a State solar power project, challenged High Court order permitting the project's commencement — High Court had balanced interests by allowing the project while protecting petitioners from eviction based on State/Corporation undertaking — Supreme Court upheld the High Court's approach,
India Law Library Docid # 2424652

(452) 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

(453) 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

(454) 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

(455) THE SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE AND ANOTHER Vs. K.C. DEVAKI[SUPREME COURT OF INDIA] 25-03-2025
Service Law — Seniority — Transfer/Reappointment on Own Request vs. Public Interest — Change of Cadre on Medical Grounds — Effect of Consent — Karnataka Civil Services (General Recruitment) Rules, 1977 — Rule 16(a)(iii) — Karnataka Government Servants (Seniority) Rules, 1957 — Rule 6 — Respondent, working as Staff Nurse, requested change of cadre to First Division Assistant (FDA) on medical grounds — Request granted under Rule 16(a)(iii) of 1977 Recruitment Rules — Respondent gave written consen
India Law Library Docid # 2423841

(456) J. GANAPATHA AND OTHERS Vs. M/S. N. SELVARAJALOU CHETTY TRUST REP. BY ITS TRUSTEES AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Property Law — Title — Auction Sale — Effect of Subsequent Will — Title to property purchased in a court auction sale, followed by the execution of a sale deed by the Advocate Commissioner pursuant to the court order, vests absolutely in the auction purchaser — A will executed by the original owner after the court auction sale but before the execution of the formal sale deed, attempting to bequeath the same property, is ineffective and does not convey any right or title to the legatee named ther
India Law Library Docid # 2423835

(457) MANILAL SHAMALBHAI PATEL (DECEASED) THROUGH HIS LEGAL HEIRS AND OTHERS Vs. OFFICER ON SPECIAL DUTY (LAND ACQUISITION) AND ANOTHER[SUPREME COURT OF INDIA] 25-03-2025
Land Acquisition Act, 1894 — Sections 4, 11, 18 and 54 — Compensation —Enhancement of — Determination of Market Value — Land acquired for public purpose (benefit of GIDC) vide Section 4 notification dated 24.07.1989 — SLAO awarded Rs. 11/- per sq. mt. — Reference Court enhanced to Rs. 30/- per sq. mt. — High Court dismissed landowners’ appeal for further enhancement — Appeal before Supreme Court — Held: Based on exemplar of nearby plot allotted by GIDC itself and applying necessary adjustments a
India Law Library Docid # 2423836

(458) RAVINDER KUMAR @RAJU Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 25-03-2025
Indian Penal Code, 1860 (IPC) — Sections 300 Exception 1, 302, 304 Part I — Culpable Homicide Not Amounting to Murder — Alteration of Conviction — Road Rage — Sudden Fight — Provocation — Accused (appellant) involved in hit-and-run — Deceased part of a group of five who chased and confronted the three occupants of offending vehicle — During ensuing altercation (heated arguments), appellant picked up an iron rod and inflicted a single blow on deceased's head, causing death five days later — No pr
India Law Library Docid # 2423837

(459) SOM NATH Vs. RAVINDER KUMAR[SUPREME COURT OF INDIA] 25-03-2025
East Punjab Urban Rent Restriction Act, 1949 — Section 13 and Section 15(5) — Landlord-Tenant Relationship — Effect of Agreement to Sell and Decree for Specific Performance — An eviction petition under Section 13 of the 1949 Act remains maintainable, and the landlord-tenant relationship does not automatically cease merely because the parties subsequently entered into an agreement for sale of the tenanted premises, even if followed by a decree for specific performance in favour of the tenant, par
India Law Library Docid # 2424000

(460) ASHISH KAKKAR Vs. UT OF CHANDIGARH[SUPREME COURT OF INDIA] 25-03-2025
Criminal Procedure Code, 1973 — Section 50 — Grounds of Arrest — Sufficiency — Arrest Memo vs. Grounds of Arrest — The provision of a mere arrest memo in the prescribed format, intimating the fact of arrest and mentioning that it is based on the statement of a co-accused, without furnishing other worthwhile particulars, does not satisfy the mandatory requirement of communicating the ‘grounds of arrest’ under Section 50 of the Code — Such a document cannot be construed as the grounds of arrest ma
India Law Library Docid # 2424049