(781) 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
(782) 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
(783) 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
(784) 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
(785) 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
(786) 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
(787) 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
(788) 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
(789) 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
(790) 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
(791) 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
(792) SOVARAN SINGH PRAJAPATI Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 04-02-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 311 and 313 — Penal Code, 1860 (IPC) — Sections 302 and 201 — Double Murder of (wife & daughter) and sentenced to death — Appeal against conviction and sentence —Appellant argues that the Trial was unfair, violating Article 21 and international law, due to inadequate representation and non-compliance with Cr.P.C — State contended that conviction and sentence justified based on evidence, with any irregularities being minor and India Law Library Docid # 2422581
(793) OMEGA ELEVATORS Vs. STATE OF M.P. AND ANOTHER[SUPREME COURT OF INDIA] 04-02-2025 Judicial Review of Public Tenders — Judicial review of public tender notices is limited to preventing arbitrariness, favouritism, or discriminatory practices — Courts will intervene only if the tender conditions are found to be per se arbitrary, ensuring that contractual powers of the Government are exercised fairly India Law Library Docid # 2422685
(794) LEELAWATI (DEAD) THR. LRS. Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction of High Courts —Effect of Dismissal on Interim Orders — Upon dismissal of a writ petition, any interim order automatically merges with the final order and loses its efficacy. India Law Library Docid # 2423600
(795) SHAHJAHAN Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 04-02-2025 Criminal Procedure Code, 1973 — Section 125 — Maintenance to Wife — Rejection Grounds — Validity — Second Marriage & Dowry Demand — The reasoning adopted by a Family Court that there is no possibility of a dowry demand in a second marriage as the husband would be trying to rehabilitate his house is based on mere conjecture and surmise, unknown to the canons of law, and cannot form a valid basis for rejecting a wife's claim for maintenance under Section 125 Cr.P.C. Courts should avoid sermonizing India Law Library Docid # 2425059
(796) ASHUTOSH PATHAK Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 04-02-2025 Criminal Procedure Code, 1973 — Section 311 — Power to Summon Material Witness — Scope and principles governing the exercise of power under Section 311 CrPC discussed — The provision comprises a discretionary part (summoning any witness, examining any person present, recalling/re-examining) and a mandatory part (summoning/examining/recalling/re-examining if evidence appears essential to just decision) — Power is wide but must be exercised judiciously, for strong and valid India Law Library Docid # 2425324
(797) AKASHDEEP COLD STORAGE PVT LTD Vs. BANASKANTHA DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 03-02-2025 Arbitration and Conciliation Act, 1996 — The appellant's arbitration petition was dismissed in default, and a restoration application was also dismissed — The High Court noted that a notice issued to the appellant on September 15, 2023, was not served, yet the petition was dismissed for non-prosecution on November 10, 2023 — The High Court blamed the appellant for delays since October 2019, citing the failure to request an early hearing — The appellant India Law Library Docid # 2422311
(798) THE STATE OF JHARKHAND Vs. SUNNY KUMAR @ SUNNY KUMAR SAO[SUPREME COURT OF INDIA] 03-02-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 18 and 37 — Re-arrest for a similar offense — The State argued that the subsequent arrest justified overturning the bail, while the defense claimed the contraband quantity was intermediate, not commercial, and Section 37 of the NDPS Act didn't apply — The Supreme Court, considering the nature of the offense and the re-arrest, set aside the High Court's order, revoked bail, and ordered the accused into custody — The trial was directe India Law Library Docid # 2422380
(799) CHARAN SINGH Vs. RAM SAROOP[SUPREME COURT OF INDIA] 03-02-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal from original decree —Appellant filed a suit, and the respondent filed a counterclaim — The trial court dismissed the suit and allowed the counterclaim — The appellant filed a single composite appeal instead of two separate appeals, leading the first appellate court and High Court to dismiss it on technical grounds — The Supreme Court ruled that the courts should have allowed the appellant to correct the procedural error, as technicalities s India Law Library Docid # 2422382
(800) COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, RAJKOT Vs. M/S. RELIANCE INDUSTRIES LTD.[SUPREME COURT OF INDIA] 03-02-2025 Central Excise Act, 1944 — Section 3(1) — Central Goods and Services Tax Act, 2017 — Section 174 — The Commissioner of Central Excise & Service Tax, Rajkot, appealed a CESTAT order dismissing the Revenue's appeal regarding whether goods manufactured and exported by Reliance Jamnagar SEZ (July 1–19, 2022) were subject to Special Additional Excise Duty (SAED) and Additional Duty of Excise (AED) — The Revenue argued the duties applied, while Reliance claimed exemption as an SEZ unit — CESTAT ruled India Law Library Docid # 2422386