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(741) FRANK VITUS Vs. NARCOTICS CONTROL BUREAU AND OTHERS[SUPREME COURT OF INDIA] 06-01-2025
Registration of Foreigners Rules, 1992 — Rule 3 — Foreigners Act, 1946 — Section 2(a) and 3(2)(g) — Whether a Foreign Registration Officer should be impleaded in bail applications for foreigners under the Foreigners Act, 1946 — The Court held that impleadment is unnecessary, as the criminal court's bail jurisdiction is distinct from the powers of Civil and Registration Authorities under related rules and orders — Instead, the Court directed that bail orders must be immediately communicated to th
India Law Library Docid # 2421392

(742) JIT VINAYAK AROLKAR Vs. STATE OF GOA AND OTHERS[SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Sections 415 and 420 — Cheating — The court found that the elements of cheating under Section 415 were not met — The appellant did not deceive the 4th respondent, nor did the sale deeds cause harm or damage to the 4th respondent — The appellant did not claim to be or represent the 4th respondent, nor did the appellant try to transfer the rights of the 4th respondent — The court cited a previous case, Mohd. Ibrahim vs. State of Bihar, (2009) 8 SCC 751 , stating that whil
India Law Library Docid # 2421393

(743) MADHUMITA BHAINSORA AND OTHERS Vs. RAMESH DHAR [SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — Transfer Petition — Court dismissed petitions seeking the transfer of cases from courts in Noida, Uttar Pradesh, to a court in Vashi, Mumbai, Maharashtra — The matters were referred to the Supreme Court Mediation Centre to explore settlement, but the mediation was unsuccessful — Ultimately, the court was not inclined to transfer the cases, and the transfer petitions were dismissed.
India Law Library Docid # 2421596

(744) KRUSHNA CHANDRA BEHERA AND OTHERS Vs. NARAYAN NAYAK AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 and 2 — Injunction — The plaintiffs filed a suit for a permanent injunction to prevent defendants from interfering with their land possession — The Trial Court and First Appellate Court ruled in favor of the plaintiffs, but the High Court dismissed the suit on the grounds that the plaintiffs had not sought a declaration of title — The main issue was whether a suit for permanent injunction can be maintained without a prayer for a declaration of
India Law Library Docid # 2421603

(745) NAMAMI GANGE AND RURAL WATER SUPPLY DEPARTMENT Vs. OM PRAKASH SINGH AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Uttar Pradesh Water Supply and Severage (Amendment) Act, 2021 — Successor liability — Namami Gange and Rural Water Supply Department, as the successor to the U.P. Jal Nigam (Rural), is bound by the prior orders of the Court — The court determined that the department could not re-litigate issues that had already been decided in previous litigation — This was despite the department's argument that it was not in existence when the original orders were passed, as the court considered the new entity
India Law Library Docid # 2421514

(746) SHRI JAIN SHWETAMBER SHRI SANGH PANJIKRIT SANSTHA, THROUGH PRESIDENT Vs. STATE OF RAJASTHAN AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Settlement Agreement — Property Dispute — Approval of Settlement Agreements — The Supreme Court explicitly approved and incorporated the settlement agreement reached between Shri Jain Shwetambar Shree Sangh and Shri Jain Shwetambar Khartargachh Sangh into its order — This sets a precedent that the court will endorse and enforce settlements when parties amicably resolve their disputes — The court modified the judgments of the lower courts in accordance with this settlement.
India Law Library Docid # 2421515

(747) ANKITA SHARMA Vs. MANU SHARMA [SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — Transfer Petition — The petitioner sought to transfer her divorce case from Ghaziabad to Narnaul, following a settlement agreement with her husband — They agreed to a payment of Rs. 14,50,000, along with gold and silver, and sought a divorce by mutual consent under Article 142 of the Constitution — Both parties agreed to dissolve their marriage and withdraw pending litigation — The Supreme Court, considering the settlement and affidavits, granted the divorce by mutual consent u
India Law Library Docid # 2421612

(748) SANDEEP @ SAMMAN Vs. STATE (NCT OF DELHI) [SUPREME COURT OF INDIA] 06-01-2025
Premature Release — The Supreme Court directed the Sentence Review Board to reconsider appellant’s premature release case after finding that the Board had not considered his co-accused's earlier release, which was noted in the High Court order — The court ordered a decision within three months and disposed of the appeal.
India Law Library Docid # 2421621

(749) LAXMIBAI DIGAMBAR TAYADE Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 06-01-2025
Penal Code, 1860 (IPC) — Section 307 — Suspension of Sentence — The Supreme Court granted leave to appeal and disposed of the appeal, concerning appellant by suspending her sentence and releasing her on bail — This decision was made considering that she is a 75-year-old woman, has served over six months in prison, and her appeal against her conviction is pending before the High Court with no immediate prospect of being heard — The Court deemed it appropriate to suspend her sentence related to Se
India Law Library Docid # 2421623

(750) SANTOSH KUMAR JHA @ SANTOSH JHA Vs. STATE OF JHARKHAND AND ANOTHER[SUPREME COURT OF INDIA] 06-01-2025
Negotiable Instruments Act, 1881 — Sections 138 and 147 — Dishonour of Cheque — The Supreme Court of India addressed a criminal appeal by appellant who was convicted under Section 138 — The trial court sentenced him to three months of simple imprisonment and directed him to pay Rs. 1,18,000 as compensation to the complainant — Although the sessions court and High Court upheld the conviction, the Supreme Court allowed the parties to settle their disputes — Since the complainant received the full
India Law Library Docid # 2421625

(751) SRIKANT KUMAR @ SHRIKANT KUMAR Vs. THE STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — The Supreme Court addressed a case where a man claimed he was forced into marriage and then made to pay maintenance to his wife as a condition for bail — The man stated that he was abducted and forced into a marriage ceremony by the woman's family and that he had filed for annulment of the marriage — He was then ordered to pay maintenance by the High Court as a pre-condition for bail — The Supreme Court noted that bail conditions should only ensure the accused is available for
India Law Library Docid # 2421635

(752) RAJINDER SINGH Vs. KRISHAN DUTT [SUPREME COURT OF INDIA] 06-01-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Compromise — Supreme Court addressed a case where a man was convicted for a dishonoured cheque and sentenced to one year imprisonment and ordered to pay Rs. 4,00,000 in compensation — Subsequently, the parties reached a compromise where the man agreed to pay Rs. 4,00,000, with part of the payment made to the court and part directly to the other party — The Supreme Court, upon the man's offer to deposit an additional Rs. 1,00,
India Law Library Docid # 2421637

(753) SHARMISHTHA DAS Vs. MRINAL ACHARJEE [SUPREME COURT OF INDIA] 06-01-2025
Matrimonial Law — Transfer Petition — Supreme Court addressed a transfer petition filed by a wife seeking to move her divorce case from Dhanbad, Jharkhand, to Serampore, Hooghly, West Bengal — The respondent did not appear despite repeated calls — The Court allowed the transfer based on the petitioner's claims that she needs to care for her widowed mother and ailing son, fears for her safety if she visits Dhanbad, and is unable to effectively defend the proceedings due to the long distance — The
India Law Library Docid # 2421639

(754) PUNJAB STATE FOREST DEVELOPMENT CORPORATION LIMITED Vs. RAJWINDER DEVI AND OTHERS [SUPREME COURT OF INDIA] 06-01-2025
Environment Law — Cutting of Trees — Compensation — Supreme Court addressed a case concerning a dispute over compensation for cutting and removal of standing trees — The Punjab State Forest Development Corporation Limited (the Corporation) had sold the rights to cut and remove trees to M/s J.S. Constructions — After an accident occurred, the respondents (claimants) were awarded compensation — The Corporation argued that it should not be liable for the accident — The Court reviewed agreements bet
India Law Library Docid # 2421640

(755) TANVI VIJAYAKUMAR NAIR @ DR. TANVI. V NAIR AND ANOTHER Vs. RAHUL S KUMAR [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer Petition — Supreme Court allowed a transfer petition filed by petitioner-wife who is seeking to move proceedings related to her divorce and other family matters from Thiruvananthapuram, Kerala, to Bengaluru, Karnataka — The Court noted that the petitioner has moved to Bengaluru with her son for work purposes, and that it would be inconvenient for her to continue proceedings in Thiruvananthapuram, which is about 700 km from her current residence — The respondent did not
India Law Library Docid # 2421648

(756) ALISHA BERRY Vs. NEELAM BERRY [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer Petition — Supreme Court addressed a transfer petition filed by petitioner, seeking to move a case from Delhi to Ludhiana, Punjab — The court noted that the petitioner's husband's divorce petition had already been transferred to Ludhiana — The court also observed that the trial court had improperly issued bailable warrants against the petitioner, as proceedings under the DV Act are quasi-criminal and do not warrant such measures unless there is a breach of a protection
India Law Library Docid # 2421649

(757) NIDHI YADAV Vs. VIJAY KUMAR YADAV [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Divorce by Mutual Consent — Supreme Court addressed a case where a husband and wife reached an amicable settlement through mediation to dissolve their marriage — The couple's arranged marriage took place on February 27, 2017, but they separated on December 8, 2017, and have no children — They agreed to end their matrimonial ties and live separately forever — As part of the settlement husband will pay Nidhi Yadav Rs. 5,00,000 for all past, present, and future claims, and both pa
India Law Library Docid # 2421650

(758) BAVISETTY (YERNAGULA) MALATHI Vs. BAVISETTY SANTOSH KUMAR[SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer Petition — Supreme Court allowed the transfer of case from the Family Courts in Viskhapatnam, Andhra Pradesh, to the Family Courts in Parlakhemundi, Odisha — The court directed the case record be transferred without delay and that the parties be given the benefit of video conferencing, if available, at the transferee court — This transfer petition was filed by the petitioner under Section 25 of the Code of Civil Procedure, 1908 — A related transfer petition was dismiss
India Law Library Docid # 2421547

(759) KUMARI BHARTI Vs. SAURABH KUMAR JHA [SUPREME COURT OF INDIA] 03-01-2025
Constitution of India, 1950 — Article 142 — Divorce by mutual consent — The Supreme Court in this case, exercised its power under Article 142 of the Constitution of India to dissolve a marriage by mutual consent — This decision was made based on a settlement agreement reached by the parties during mediation — The court took the settlement agreement and a joint application on record and dissolved the marriage, also disposing of the divorce petition pending in a lower court — The key principle (ra
India Law Library Docid # 2421566

(760) SMT. INDIRA SAHU AND OTHERS Vs. THE ORIENTAL INSURANCE COMPANY LTD AND ANOTHER [SUPREME COURT OF INDIA] 03-01-2025
Motor Accident Claims — Compensation — The Supreme Court addressed an appeal concerning compensation awarded in a motor vehicle accident claim — The Motor Accident Claims Tribunal (MACT) initially granted Rs. 21,70,000 in compensation to the family of a deceased individual, who died in a collision between two trucks — The High Court, however, reduced the compensation to Rs. 15,00,000, citing a lack of documentary evidence for the deceased's income — The Supreme Court, upon review, overturned the
India Law Library Docid # 2421572