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(461) PRIYANKA AND ANOTHER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-02-2025
Senior Asian Kabaddi Championship 2025 — The Supreme Court addressed a writ petition concerning Indian players' participation in the Senior Asian Kabaddi Championship 2025 in Iran — The court had appointed Justice (Retd.) S.P. Garg as AKFI Administrator and a new Governing Body was elected on December 24, 2023 — The main concern was the transfer of charge from Justice Garg to the new Governing Body and ensuring the team's participation in the upcoming championship — The International Kabaddi Fed
India Law Library Docid # 2422299

(462) P.M. LOKANATH AND OTHERS Vs. STATE OF KARNATAKA AND ANOTHER[SUPREME COURT OF INDIA] 06-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings — The High Court, under Section 482 of the Cr.P.C., or this Court, under Article 226 of the Constitution, can quash criminal proceedings to prevent abuse of process or secure ends of justice, particularly in cases falling under specific categories (as outlined in Bhajan Lal v. State of Haryana
India Law Library Docid # 2422688

(463) GOPAL SINGH AND ANOTHER Vs. STATE OF UTTARAKHAND[SUPREME COURT OF INDIA] 06-02-2025
Penal Code (IPC), 1860 (Sections 302, 323, 304 Part II, and 34) — Identity of Accused not Established — Identification of Accused: Failure to identify the accused in court by key witnesses can fatally impair the prosecution's case, especially in the absence of corroborating evidence — The prosecution failed to establish the identity
India Law Library Docid # 2422880

(464) SANJAY Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 06-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 366 — Confirmation of death sentence by High Court— Penal Code, 1860 (IPC) — Section 302 and 376(2)(G) — Murder and Rape — Conviction set aside — The Supreme Court set aside the conviction of the appellant finding that the prosecution failed to establish the charges beyond a reasonable doubt
India Law Library Docid # 2423144

(465) SADEK ALI @ MD. SADEK ALI AND ANOTHER Vs. STATE OF ASSAM AND ANOTHER [SUPREME COURT OF INDIA] 04-02-2025
Penal Code, 1860 (IPC) — Section 149 — Suspension of Sentence — The primary issue was whether to suspend the sentence during the pendency of the appeal — The submission was made that the role attributed to ‘M’ in the witnesses’ deposition(s) is very limited —Considering the limited role attributed to ‘M’ in the witnesses' depositions, the Court allowed the application for suspension of sentence — The court clarified that the observations made in the order would not be treated as findings on meri
India Law Library Docid # 2422270

(466) D.M. JAGADISH Vs. BANGALORE DEVELOPMENT AUTHORITY AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025
Land Acquisition Proceedings — In 2003, land acquisition was initially planned for 380 acres, later reduced to 225 acres in 2014 — The appellant's father challenged the acquisition, with the High Court initially ruling in their favor — The Division Bench later directed reconsideration of exclusion applications based on specific criteria — The appellant applied for exclusion, citing adjacent land exclusions and pre-notification structures, but was rejected — The Supreme Court found the Division B
India Law Library Docid # 2422377

(467) AIRPORTS AUTHORITY OF INDIA Vs. PRADIP KUMAR BANERJEE[SUPREME COURT OF INDIA] 04-02-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(2) and 13(1)(d) — Illegal gratification — The Supreme Court upheld an employee's dismissal, ruling that appellate courts should not overturn disciplinary proceedings' findings based on a lower standard of proof than criminal trials, even after a criminal acquittal, and that the non-examination of the complainant did not invalidate the disciplinary process.
India Law Library Docid # 2422378

(468) UNION OF INDIA AND ANOTHER Vs. TARSEM SINGH AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025
Land Acquisition Act, 1894 — Sections 23(2) and 28 — National Highways Act, 1956 — Section 3J — Denying 'solatium' and 'interest' under Section 3J of the NHAI Act violates Article 14 of the Constitution, mandating equal treatment for landowners — The court determined that the judgment in Tarsem Singh applies retrospectively to address grievances of landowners deprived of these benefits between 1997 and 2015, ensuring parity among those whose lands were acquired during this period and those whose
India Law Library Docid # 2422379

(469) GANESH SHETTI Vs. RAJAN CHAUDHRAY[SUPREME COURT OF INDIA] 04-02-2025
Negotiable Instruments Act, 1881 — Section 138 — The Supreme Court has partly allowed petitioner’s criminal appeal arising from a Karnataka High Court judgment that dismissed his revision petition against a conviction under Section 138 — The Supreme Court set aside the High Court's impugned judgment, restored the revision petition to the High Court's file, and directed it to be listed for hearing on February 28, 2025, with no further notice required — The Court also ordered the return of a depos
India Law Library Docid # 2422603

(470) ARUNADITYA DUBEY Vs. MEDICAL COUNCIL OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 04-02-2025
Medical Council Act, 1956 — Section 33 — Additional eligibility criteria — Supreme Court dismissed writ petitions and special leave petitions challenging the Medical Council of India's regulation requiring additional eligibility criteria, including NEET qualification, for Indian students pursuing undergraduate medical courses abroad — The Court upheld the regulation under Section 33, finding it neither ultra vires nor arbitrary, and rejected requests for one-time exemptions, emphasizing that the
India Law Library Docid # 2422604

(471) THE COSMOS CO. OPERATIVE BANK LTD. Vs. CENTRAL BANK OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025
Transfer of Property Act, 1882 — Sections 54, 58(f) and 100 — Priority of Mortgages — An equitable mortgage created by deposit of unregistered documents does not take precedence over a subsequently created legal mortgage with a registered title deed under the Act
India Law Library Docid # 2422654

(472) M/S GATI LTD. AND OTHERS Vs. H. C. SAXENA DEAD THROUGH LRS AND ANOTHER [SUPREME COURT OF INDIA] 04-02-2025
Consumer Law — Compensation — The respondents won a complaint against the petitioners, leading to compensation orders — The National Commission upheld the compensation but reduced some amounts — The petitioners deposited Rs. 3,00,000/- but didn't pay full harassment and mental agony compensation and costs — The respondents withdrew Rs. 2,00,000/- —The main issue was the 15% per annum interest rate on the unpaid amounts — The petitioners sought a reduction, arguing it was excessive — The responde
India Law Library Docid # 2422289

(473) PUSHPA HERITAGE CO OPERATIVE HOUSING SOCIETY LTD. Vs. M/S CONWOOD AGENCIES PVT. LTD. AND OTHERS [SUPREME COURT OF INDIA] 04-02-2025
Housing Law — Occupation certificate — Petitioner seeks an occupation certificate for three buildings, facing a dispute over compliance responsibilities between (Respondent no.1) and Respondent no.2, with the latter not appearing in court — Determining responsibility for MCGM compliance requirements to issue the occupation certificate, and alleviating the hardship faced by society members due to its delay — The petitioner highlights member hardship, while respondent no.1 promises to submit neces
India Law Library Docid # 2422290

(474) UNION OF INDIA REP BY GOVERNMENT OF PUDUCHERRY AND ANOTHER Vs. K. VELAJAGAN AND OTHERS [SUPREME COURT OF INDIA] 04-02-2025
Service Law — Appointment — Respondents 1-3, appointed as hourly basis lecturers in 2005, sought regularization with benefits — They filed an application with the CAT, which was upheld by the High Court but partially overturned by the Supreme Court, which directed a regularization scheme — The main issue was the legality and timing of their regularization amidst delays in recruitment and widespread ad hoc appointments — The Union argued the appointments were illegal due to procedural defects and
India Law Library Docid # 2422292

(475) SRI MOHAN KUMAR @ SHASHIDARA POOJARY @ SUNDARA RAI Vs. IV ADDL. DISTRICT AND SESSIONS JUDGE DAKSHINA KANNADA[SUPREME COURT OF INDIA] 04-02-2025
Appellant in a death penalty case, is appearing before the Supreme Court via video conferencing — He has requested legal representation — The court is addressing issues of proper legal representation, sentencing considerations, and a psychological evaluation of the appellant — It directs the Jail Authorities to formalize representation through a vakalatnama and affidavit — The State of Karnataka is instructed to provide reports on the appellant's conduct from Probation Officers and the Jail Supe
India Law Library Docid # 2422297

(476) MADHAV KANT MISHRA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025
Public Interest Litigation — Child's mother's name in official records — The petitioner sought a direction to include the name of a child’s mother in all official and public records, with the entry of the father’s name being optional — The petitioner has passed away — The central issue was whether to mandate the inclusion of the mother's name in official and public records, and whether the entry of the father's name could be optional — The petitioner argued for the mandatory inclusion of the mot
India Law Library Docid # 2422298

(477) AIRPORTS AUTHORITY OF INDIA Vs. PRADIP KUMAR BANERJEE[SUPREME COURT OF INDIA] 04-02-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(2) read 13(1)(d) — Standard of Proof in Disciplinary Proceedings vs. Criminal Trials — The standard of proof required in disciplinary proceedings is based on the preponderance of probabilities, which is different from the beyond reasonable doubt standard required in criminal trials — The court emphasized that disciplinary proceedings are not bound by the strict rules of evidence applicable in criminal cases
India Law Library Docid # 2422263

(478) UNION OF INDIA AND ANOTHER Vs. TARSEM SINGH AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025
Land Acquisition Act, 1894 — Sections 23(2) and 28 — Land acquired by NHAI between 1997-2015, Landowners challenged the lack of 'solatium' and 'interest' as per Tarsem Singh judgment — Retrospective application of Tarsem Singh judgment, equality under Article 14, financial burden on NHAI — Landowners argued for retrospective benefits — NHAI sought prospective application citing financial strain — Court upheld equality principle, rejected NHAI's differential treatment argument, and clarified Tars
India Law Library Docid # 2422266

(479) RAMU APPA MAHAPATAR Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 04-02-2025
Evidence Act, 1872 — Section 24 — Penal Code, 1860 (IPC) — Section 302 — Murder — Voluntariness and Credibility of Extra-Judicial Confession — The Court held that an extra-judicial confession can be a basis for conviction if it is voluntary, true, and made in a fit state of mind —In the case, the accused's confession was made when he was in a confused state of mind, which undermines its voluntariness and credibility — The testimonies of the witnesses who claimed to have heard the confession also
India Law Library Docid # 2422267

(480) WAHID Vs. STATE GOVT. OF NCT OF DELHI[SUPREME COURT OF INDIA] 04-02-2025
Penal Code, 1860 — Sections 392, 397 and 411 —Arms Act, 1959 — Section 25 — Four men robbed passengers in a bus and were arrested two days later based on the complainant's identification — Weapons were recovered but eyewitness accounts were inconsistent — Whether the arrest and recovery were credible, and if the eyewitness identifications were reliable — Appellants argued that the arrest and recovery were improbable and lacked corroboration — State argued that some witnesses supported the prosec
India Law Library Docid # 2422268