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(801) HIRARAM Vs. BHAGWATI AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Prohibition of Benami Property Transactions Act, 1988 — S. 4 — Bar on Suit/Claim — A claim by a person asserting that properties held in the name of another (mother) or jointly with another (mother) were actually purchased from his own funds falls squarely within the definition of a benami transaction, and any suit or claim to enforce rights in respect thereof by the person claiming to be the real owner is barred under
India Law Library Docid # 2424531

(802) MD. FIROZ AHMAD KHALID Vs. THE STATE OF MANIPUR AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Waqf Act, 1995 — Section 14(1) — Composition of State Waqf Board — Eligibility of Bar Council Member — Continuation in Office — The requirement under Section 14(1) of the Waqf Act, 1995, that the State Waqf Board shall consist of, inter alia, Muslim members of the Bar Council of the concerned State or Union Territory, establishes a mandatory eligibility criterion — Consequently, a person elected or nominated to the Waqf Board under this category can continue to hold the position only as long as
India Law Library Docid # 2423999

(803) VISHNOO MITTAL Vs. M/S SHAKTI TRADING COMPANY[SUPREME COURT OF INDIA] 17-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Ingredients of offence — Presentation of cheque, issuance for discharge of debt, return unpaid, demand notice, and failure to make payment within 15 days of notice. Cause of action arises only after expiry of 15 days from receipt of demand notice.
India Law Library Docid # 2428176

(804) THE AUROVILLE FOUNDATION Vs. NAVROZ KERSASP MODY AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
National Green Tribunal Act, 2010 — Section 14 and 2(1)(m) — Jurisdiction of Tribunal — Substantial question relating to environment — Tribunal has jurisdiction only if a substantial question relating to environment is involved and it arises from implementation of enactments in Schedule I — Mere grievance about environment not sufficient; applicant must allege violation of specific statutory environmental obligation.
India Law Library Docid # 2428553

(805) THE AUROVILLE FOUNDATION Vs. NATASHA STOREY[SUPREME COURT OF INDIA] 17-03-2025
Auorville Foundation Act, 1988 — Section 11(3), Section 16, Section 17(e) & Rule 5(1), 5(2) of Auroville Foundation Rules, 1997 — Powers and Functions of Governing Board — Governing Board has the general superintendence, direction and management of the Foundation's affairs and can appoint committees for efficient discharge of its duties — Residents' Assembly's role is advisory and recommendatory; no right to be part of committees constituted by Governing Board — High Court erred in setting aside
India Law Library Docid # 2428554

(806) PRADEEP NIRANKARNATH SHARMA Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER[SUPREME COURT OF INDIA] 17-03-2025
Prevention of Money Laundering Act, 2002 — Sections 3, 4, 2(1)(u), 2(1)(y) read with Sections 227, 207 CrPC — Discharge application — Rejection upheld — Money laundering as a continuing offence — Allegations concerning acts predating PMLA or when predicate offences were not scheduled — Court held offence of money laundering is independent and continuing, extending as long as proceeds of crime are concealed, used, or projected as untainted property.
India Law Library Docid # 2428555

(807) VISHNOO MITTAL Vs. M/S SHAKTI TRADING COMPANY[SUPREME COURT OF INDIA] 17-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 14 (Moratorium) — Cause of Action — Proceedings under Section 138 NI Act cannot be initiated or continued against a corporate debtor once a moratorium under Section 14 IBC is imposed — Essential ingredients of Section 138 NI Act require a demand notice and failure to pay
India Law Library Docid # 2428424

(808) KULANDAISAMY AND ANOTHER Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 07-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Duty of High Court — Disposal on Merits — Preliminary Stage of Investigation — Civil Nature of Dispute — Interference with Investigation — High Court, while hearing a petition under S. 482 CrPC for quashing an FIR, observed that there was some material for investigation but also that the issue was of a civil nature, and dismissed the petition primarily on the ground that the investigation was at an "infancy stage" — High Court furth
India Law Library Docid # 2423912

(809) LOK MAL @ LOKU Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 07-03-2025
Penal Code, 1860 — Sections 376, 323, 504 and 506 — Reliability of Prosecutrix's Testimony in Rape Cases — The Supreme Court reaffirmed that the testimony of a prosecutrix in a rape case can be relied upon without corroboration if it inspires confidence, emphasizing the importance of considering the broader probabilities of the case
India Law Library Docid # 2423218

(810) GYANENDRA SINGH @ RAJA SINGH Vs. STATE OF U.P.[SUPREME COURT OF INDIA] 07-03-2025
Penal Code, 1860 (IPC) — Sections 376(2)(f) and 376(2)(i) — Protection of Children from Sexual Offences Act, 2012 – Sections 3, 4, 42 and 42A — Sentencing Guidelines for Rape offences under IPC and POCSO Act — The Court clarified that while the appellant's conviction under both IPC and POCSO Act is upheld, the sentence of life imprisonment for the IPC offences should not necessarily mean imprisonment for the remainder of the natural life, and instead, can
India Law Library Docid # 2423219

(811) THE STATE OF RAJASTHAN Vs. INDRAJ SINGH ETC.[SUPREME COURT OF INDIA] 07-03-2025
Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022 — Sections 3 and 10 — Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 120B — Parameters for setting aside an order of Bail — The Supreme Court outlined the parameters for setting aside an order of bail, emphasizing that an appellate court must critically analyze the soundness of the bail order, considering factors like the nature of the offence, severity of punishment, and prima
India Law Library Docid # 2423220

(812) MADAN LAL Vs. STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 07-03-2025
Prevention of Corruption Act, 1988 - Section 13(i)(d), Section 13(2) and 20 —Requirement of Proof Beyond Reasonable Doubt in Corruption Cases — The Supreme Court emphasized that in corruption cases, the prosecution must establish the allegations of demand and acceptance of bribe beyond all reasonable doubt, highlighting the discrepancies in the testimonies of witnesses and the lack of direct evidence of the bribe transaction in this case
India Law Library Docid # 2423221

(813) YUVRAJ LAXMILAL KANTHER AND ANOTHER Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge under Section 227 CRPC — Requirements and Procedure — The Supreme Court emphasized that for discharge under Section 227 CrPC, the court must consider whether there are sufficient grounds to proceed against the accused, requiring only a prima facie examination of the materials, not a threadbare analysis
India Law Library Docid # 2423222

(814) STATE OF ASSAM AND OTHERS Vs. ARABINDA RABHA AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Constitution of India, 1950 — Article 142 — Administrative Discretion in Recruitment — The Supreme Court upheld the decision of a successor government to cancel a recruitment process initiated by a previous government, citing detected irregularities and illegalities — The court emphasized the importance of administrative discretion in ensuring fairness and proportionality in recruitment proces
India Law Library Docid # 2423291

(815) DELHI DEVELOPMENT AUTHORITY Vs. S.G.G. TOWERS (P) LTD. AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Delhi Development Act, 1957 — Section 22 — Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 — Rule 43 — Execution of Lease Agreement and Creation of Leasehold Rights — The Supreme Court held that the execution of a lease agreement does not automatically create leasehold rights; a separate lease deed must be executed and registered as per the agreement's terms, as seen in Clause 24 of the lease agreement in this case
India Law Library Docid # 2423223

(816) AYYAVU Vs. PRABHA AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Property Law — Disputed Property and Title — Role of Sale Deed and Boundaries — The Supreme Court emphasized the importance of a sale deed's boundaries in determining title and possession, noting that the plaintiff's sale deed showed definite boundaries, and the vendor did not retain any portion, contradicting the defendants' claim
India Law Library Docid # 2423224

(817) UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS Vs. ABDUL REHMAN KHANDAY AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Contempt of Court — Delay in Compliance — State officials habitually disobey court orders, causing harassment to citizens — This conduct is unacceptable and undermines the rule of law.
India Law Library Docid # 2428781

(818) RABINDRANATH PANIGRAHI Vs. SURENDRA SAHU[SUPREME COURT OF INDIA] 06-03-2025
Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — The Supreme Court reiterated that in a second appeal under Section 100, the High Court is not empowered to disturb findings of fact recorded by the lower courts unless they are perverse, meaning they are based on no evidence, or the conclusions drawn from the evidence are unreasonable or illogical
India Law Library Docid # 2423209

(819) VIJAY BAHADUR Vs. SUNIL KUMAR AND OTHERS[SUPREME COURT OF INDIA] 06-03-2025
Representation of the People Act, 1951 — U.P. Panchayat Raj Act, 1947 — Section 12-C —Recounting of Votes — The Court dealt with an appeal against a High Court judgment that set aside a Sub-Divisional Magistrate's order for a recount of votes in a Gram Pradhan election, due to discrepancies in vote counting and allegations of irregularities
India Law Library Docid # 2423210

(820) RANJIT SINGH BATH AND ANOTHER Vs. UNION TERRITORY CHANDIGARH AND ANOTHER[SUPREME COURT OF INDIA] 06-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 154(1), 154(3) and 156(3) — Before seeking a Magistrate's direction for FIR registration under Section 156(3) CrPC, a complainant must first exhaust remedies under Sections 154(1) and 154(3) CrPC and support the application with an affidavit — Supreme Court allowed an appeal, quashing the Magistrate's order for FIR registration and the High Court's upholding of it — The Court reiterated that prior to invoking Section 156(3) CrPC, complainants must
India Law Library Docid # 2423659