(661) SMT. ARIFA AND OTHERS Vs. ABHIMAN APARTMENT CO-OPERATIVE HOUSING SOCIETY LTD. AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025 Civil Procedure Code, 1908 — Section 11 (Res Judicata) and Order 23 Rule 1 (Withdrawal of suit) — Limitation Act, 1963 — Section 14 (Exclusion of time in legal proceedings) — Liberty to file fresh suit does not revive cause of action or save limitation — Previous concurrent findings by trial court, first appellate court, and High Court rejecting plaintiff's claims on grounds of coercion, misrepresentation, India Law Library Docid # 2427982
(662) M/S. STEMCYTE INDIA THERAPEUTICS PVT. LTD. Vs. COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, AHMEDABAD – III[SUPREME COURT OF INDIA] 14-07-2025 Service Tax — Exemption — Healthcare Services — Cord Blood Banking Services — Period of Dispute (July 1, 2012, to February 16, 2014) — Notification No. 25/2012-ST (June 20, 2012) exempted “Healthcare Services” — Notification No. 4/2014-ST (February 17, 2014) inserted Entry 2A specifically exempting services of cord blood banks related to preservation of stem cells — The later notification India Law Library Docid # 2427840
(663) M/S UNITED SPIRITS LTD. Vs. THE STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025 Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 — Section 3(1)(a) read with Section 2(1)(aa), 2(1)(b) and 2(3) — Entry Tax — Liability of Manufacturers — Indian Made Foreign Liquor (IMFL) and Beer — Whether manufacturers cause entry of goods into local area — Role of State Government Warehouse — The Court held that even if there are two independent India Law Library Docid # 2427841
(664) ASIAN PAINTS LIMITED Vs. RAM BABU AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025 Criminal Procedure Procedure, 1973 — Sections 2(wa), 372, 374, 378 — ‘Victim’ — Appellate rights of victims — Interpretation of statutory provisions — A ‘victim’ under Section 2(wa) CrPC includes a company that has suffered loss or injury due to criminal acts, such as trademark infringement or sale of counterfeit products, even if the primary informant was an agent — The term ‘person’ in Section 2(wa) CrPC India Law Library Docid # 2427842
(665) BINOD PATHAK AND OTHERS Vs. SHANKAR CHOUDHARY AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025 Civil Procedure Code, 1908 — Order 22 Rule 10A — Duty of pleader to communicate to Court death of a party — Object and application — Rule 10A imposes an obligation on the pleader of a party to communicate the death of the party to the court, even though the general rule is that the contract between the pleader and client ends on death — This rule was introduced to prevent hardship where a party is unaware of the India Law Library Docid # 2427843
(666) 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
(667) 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
(668) 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
(669) 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
(670) 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
(671) 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
(672) 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
(673) 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
(674) 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
(675) 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
(676) BISWAJIT CHOWDHURY Vs. THE REGISTRAR GENERAL, HONBLE HIGH COURT OF ALLAHABAD AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025 Constitution of India, 1950 — Article 32 — Extraordinary writ jurisdiction — High Courts’ administrative functioning — Supreme Court generally reluctant to interfere in administrative decisions of High Courts in a writ petition under Article 32. India Law Library Docid # 2433678
(677) BOOTA SINGH Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 14-07-2025 Criminal Procedure Code, 1973 — Sections 439 and 451 — Bail — Release of accused pending trial — Factors to consider — Nature of offence, period of incarceration, and likely delay in trial conclusion — Held, where accused has been in custody for a significant period, and the trial is likely to take time, continued detention is not warranted — Accused ordered to be released on bail subject to terms and India Law Library Docid # 2433679
(678) THE PRINCIPAL COMMISSIONER OF INCOME TAX 1 SURAT Vs. M.D. INDUSTRIES PVT. LTD.[SUPREME COURT OF INDIA] 11-07-2025 Income Tax Act, 1961 — Section 245D(4) — Settlement Commission — Rejection of application — If an application for settlement is rejected by the Settlement Commission without providing terms of settlement, Section 245HA of the Act becomes applicable, reviving appellate proceedings. India Law Library Docid # 2433706
(679) SONU RAM Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 09-07-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 15, 21, 25 & 29 — Bail — Petitioner accused of offences under NDPS Act — Arrested and in jail for approximately 2 years and 4 months — Considering period of incarceration and other relevant factors, court found a case for bail to be made out — Petitioner directed to be released on bail on usual terms and conditions. India Law Library Docid # 2433733
(680) MANOJ SAINANI @ MANOJ NARI SAINANI AND OTHER Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 04-07-2025 Criminal Procedure Code, 1973 — Quashing of FIR and cognizance — Withdrawal of petition — High Court directed trial court to proceed expeditiously even after petitioner withdrew the petition — This direction was made during the pendency of an interim order staying further proceedings — Supreme Court modified the High Court's direction, making it subject to further orders in related proceedings India Law Library Docid # 2433675