(561) THE STATE OF UTTAR PRADESH Vs. RAGHUVIR SINGH[SUPREME COURT OF INDIA] 23-01-2025 Evidence Act, 1872 — Section 27 — Solitary Eye-Witness Testimony — A conviction can be based on the evidence of a single eye-witness if that evidence is found to be true, trustworthy, and reliable — The evidence of a solitary eye-witness can be categorized as wholly reliable, wholly unreliable, or neither wholly reliable nor wholly unreliable — If the evidence falls into the third category (neither wholly reliable nor wholly unreliable), the court must seek India Law Library Docid # 2422261
(562) MANISH YADAV Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 22-01-2025 Penal Code, 1860 (IPC) — Sections 376, 323, 504 and 506 — Rape based on a promise of marriage — Consent — Voluntary Consent in Physical Relationships Between Adults — The Supreme Court held that where two adults engage in a physical relationship based on mutual affection and trust, the consent is considered voluntary, even if one party later breaches a promise of marriage India Law Library Docid # 2422643
(563) M/S TAMIL NADU CEMENTS CORPORATION LIMITED Vs. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND ANOTHER[SUPREME COURT OF INDIA] 22-01-2025 Micro, Small and Medium Enterprises Development Act, 2006 — Section 18 — Arbitration and Conciliation Act, 1996 — Section 34 — Tamil Nadu Cements Corporation Limited (TANCEM) challenging an order by the Micro and Small Enterprises Facilitation Council (MSEFC) under the MSMED Act, which directed TANCEM to pay dues to M/s Unicon Engineers — TANCEM argued that the MSEFC's order was contrary to the Arbitration and Conciliation Act (A&C Act) and sought relief through a writ petition — The issues cent India Law Library Docid # 2421891
(564) HARJINDER SINGH @ KALA Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 22-01-2025 Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 27 — Circumstantial Evidence — The court reiterates the five golden principles (Panchsheel) for appreciating evidence in cases relying on circumstantial evidence, emphasizing that the circumstances must be fully established, consistent with the accused's guilt, conclusive, and exclude every other possible hypothesis — A complete chain of evidence must exist to rule out any reasonable conclusion consistent with the accused's inno India Law Library Docid # 2422296
(565) SURENDRA G. SHANKAR AND ANOTHER Vs. ESQUE FINAMARK PVT. LTD AND OTHERS[SUPREME COURT OF INDIA] 22-01-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — The appellants, allottees in a real estate project, filed complaints with RERA for possession of flats — RERA dismissed the complaints, and the Appellate Tribunal rejected their appeals as time-barred — The High Court also dismissed their appeals, refusing to condone the delay and commenting on the merits — The issues were whether the delay should be condoned and if the High Court erred in commenting on the merits — The appellants argued India Law Library Docid # 2421922
(566) RUHI AGRAWAL AND ANOTHER Vs. NIMISH S. AGRAWAL[SUPREME COURT OF INDIA] 22-01-2025 Custody and visitation — Appellant and Respondent married in 2007 and separated in 2016, have been in a custody dispute over their daughter, who has lived with mother since the separation — The father sought joint custody or expanded visitation, while the mother raised safety concerns due to alleged abusive behavior — The Family Court granted sole custody to the mother with limited visitation for the father — The High Court expanded visitation rights, including more frequent visits, shared vacat India Law Library Docid # 2421924
(567) BABAN SHANKAR DAPHAL AND OTHERS Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 22-01-2025 Penal Code, 1860 (IPC) — Sections 302 and 34 — Murder — Wife, daughter, and son as eyewitnesses — The accused included his nephews and a brother's son, amid longstanding family tensions — The Trial Court acquitted all accused, but the High Court convicted some, relying on the eyewitness testimonies — The Supreme Court upheld the High Court's decision, ruling that the Trial Court erred by focusing on minor inconsistencies and ignoring the overall credibility of the witnesses India Law Library Docid # 2421925
(568) STATE OF HARYANA AND ANOTHER Vs. UDAY PRATAP SINGH AND OTHERS[SUPREME COURT OF INDIA] 22-01-2025 Farmers Protest — The Supreme Court noted the positive developments in the ongoing talks between the farmers and the government, including the acceptance of medical aid by the farmer leader and the resumption of talks — The Court kept the contempt proceedings in abeyance and directed the parties to continue negotiations, emphasizing the need for a fair resolution. India Law Library Docid # 2421929
(569) MOHAMMED SHEREEF Vs. STATE OF KERALA[SUPREME COURT OF INDIA] 22-01-2025 Penal Code, 1860 (IPC) — Sections 302 and 364 — Murder — Bail — The Supreme Court granted bail to the appellants, who had been convicted under Sections 302 and 364 of the IPC, considering the long period of incarceration (over 10 years) and the expedited hearing of their criminal appeals — The Court emphasized that the appellants should be released on bail pending the disposal of their appeals. India Law Library Docid # 2421931
(570) PARTEEK ARORA @ PARTEEK JUNEJA Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 22-01-2025 Criminal Law — Anticipatory bail — Court determined that the petitioner was attempting to circumvent procedural law by filing a special leave petition after twice failing to secure anticipatory bail from the High Court — The court noted that after the High Court was not inclined to grant anticipatory bail, the petitioner withdrew their second bail petition — Subsequently, when the High Court directed the police to provide a status report on the case, the petitioner filed the present special leav India Law Library Docid # 2421932
(571) RISHI KUMAR VERMA Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 22-01-2025 Bail — Recall of — Misrepresentation — Supreme Court recalled the bail granted to the accused after finding that the bail was obtained through misrepresentation — The Court noted that the accused was present at the scene of the crime, contrary to his earlier claims, and directed his arrest — The Court clarified that this observation would not affect the ongoing trial. India Law Library Docid # 2421941
(572) MOHD. TAHIR HUSSAIN Vs. STATE OF NCT OF DELHI[SUPREME COURT OF INDIA] 22-01-2025 Interim Bail for Election Campaigning — Court held that interim bail cannot be granted solely for the purpose of allowing an accused to campaign or canvass for elections — The right to campaign is neither a fundamental right nor a statutory right, and granting interim bail for such purposes would open a "Pandora's box" of litigation, especially given the frequency of elections in India. India Law Library Docid # 2421923
(573) THAMMARAYA AND ANOTHER Vs. THE STATE OF KARNATAKA[SUPREME COURT OF INDIA] 22-01-2025 Penal Code, 1860 (IPC) — Sections 302, 201 and 34 — Murder — Acquittal — Three accused were tried for murder allegedly after accused-‘M’ had an illicit affair with deceased’s wife — ‘M’ claimed to be a victim of dacoity but later confessed to the murder — Whether the circumstantial evidence and disclosure statements were sufficient to convict the accused beyond reasonable doubt — The prosecution argued that the motive, last seen circumstances, and recoveries linked the accused to the crime — The India Law Library Docid # 2422047
(574) MANISH KUMAR SINGH AND ANOTHER Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 22-01-2025 Penal Code, 1860 (IPC) — Section 295A — Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs — Employees of South Eastern Coalfields were charged under Section 295A IPC for shifting a Sati Mandir as per a High Court order in a PIL — The issue was whether the FIR should be quashed and if the employees had the malicious intent required under Section 295A — The employees argued they were following court orders and not inte India Law Library Docid # 2422053
(575) VIPIN KUMAR Vs. JAYDEEP AND OTHERS[SUPREME COURT OF INDIA] 21-01-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Appellant appealed a High Court order rejecting his request to recall a previous decision in a dispute over an LPG distributor appointment — The original suit challenged appellant’s appointment due to a fraudulent domicile certificate — The High Court had previously ordered a fresh dealership exercise but appellant claimed inadequate notice and lack of substantial legal questions framed under Section 100 — The Supreme Court found t India Law Library Docid # 2422317
(576) STATE OF JHARKHAND Vs. DR. NISHKANT DUBEY AND OTHERS[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) Sections 336, 447 and 448 — Aircraft Act, 1934 — Sections 10, 11A and 12B — Section 12B of the Aircraft Act, 1934 — The court clarified that Section 12B of the Aircraft Act, which requires a complaint to be made by or with the sanction of the Director General of Civil Aviation or other authorized aviation authorities, is a pre-condition for taking cognizance of any offence under the Act — - The court held that the local police cannot independently investigate or file char India Law Library Docid # 2421892
(577) THE GENERAL MANAGER PERSONNEL SYNDICATE BANK AND OTHERS Vs. B. S. N PRASAD[SUPREME COURT OF INDIA] 21-01-2025 Syndicate Bank Officer Employees’ (Conduct) Regulations 1976 — Regulation 3(1) and 24 — A Syndicate Bank branch manager was dismissed in 2012 after a disciplinary inquiry found him guilty of misappropriating funds, making fictitious debits, and exceeding limits — He challenged the dismissal, claiming lack of evidence and procedural unfairness — The High Court ruled in his favor, but the bank appealed to the Supreme Court — The key issues were the fairness of the inquiry, the justification for di India Law Library Docid # 2421838
(578) STATE OF PUNJAB AND OTHERS Vs. M/S OM PRAKASH BRICK KILN OWNER, ETC.[SUPREME COURT OF INDIA] 21-01-2025 Punjab Minor Mineral Concession Rules, 1964 — Mines and Minerals (Regulation and Development) Act, 1957 — Section 3(e) — Right to Levy Royalty on Minor Minerals — The State Government has the authority to levy royalty on the extraction of minor minerals, including brick earth, under the Act, 1957 and Rules, 1964 — The declaration of brick earth as a minor mineral through a notification under Section 3(e) of the 1957 Act empowers the State Government to charge royalty, irrespective of the ownersh India Law Library Docid # 2421839
(579) SMT. PRAKASHI AND OTHERS ETC. ETC. Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND OTHERS ETC. ETC.[SUPREME COURT OF INDIA] 21-01-2025 Civil Procedure Code, 1908 (CPC) — Order 22 Rule 10A and Order 47 Rule 1 —Supreme Court Rules, 2013 — Order 47 — The Supreme Court dismissed the review petition because the applicants failed to provide evidence that they had informed the appellants about the death of the respondents during the pendency of the civil appeals — The Court held that the appellants could not be faulted for not bringing the legal representatives of the deceased respondents on record in the absence of such intimation. India Law Library Docid # 2421927
(580) LAXMI DAS Vs. THE STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Section 306 — Abetment of suicide — The appellant was accused of abetting the suicide of ‘S’, who was in a relationship with her son — The deceased's family opposed the relationship, and appellant allegedly disapproved of it — ‘S’ committed suicide by jumping in front of a train —Appellant was charged under Section 306 IPC, but she challenged the charges, claiming no direct instigation. Whether appellant’s actions constituted abetment of suicide under Section 306 IPC, re India Law Library Docid # 2421840