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(841) MEENA (DEAD) REPRESENTED THR. LRS. Vs. PRAYAGRAJ AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Claims — Legal representatives — Right to pursue claim after death of injured claimant — Property under the Act includes the estate left behind by the deceased, having a wider connotation than its conventional definition — If legal heirs can pursue claims in case of death, there is no reason to prohibit legal representatives from pursuing claims for loss of a property akin to the estate of the
India Law Library Docid # 2427827

(842) THE ORIENTAL INSURANCE CO. LTD. Vs. NIRU @ NIHARIKA AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Compensation — Multiplier — Remarriage of widow — Effect on minor children’s entitlement — Minor children of the deceased are entitled to the multiplier adopted by the Tribunal despite the remarriage of the deceased’s wife, as their loss of dependency is not extinguished by the mother’s remarriage.
India Law Library Docid # 2427828

(843) MADHUKAR AND OTHERS Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent Power of High Court — Quashing of FIR — Effect of Compromise — Cases under Section 376 IPC (Rape) — While generally grave offenses like rape are not quashed on compromise, the Court’s power under Section 482 CrPC is broad and must be exercised based on the specific facts of each case to secure the ends of justice.
India Law Library Docid # 2427829

(844) SANJU BAI PRAJAPATI AND OTHERS Vs. THE NEW INDIA ASSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Motor Accident Claims — Proof of Accident and Vehicle Involvement — Delay in FIR — Significance of Murg Report — High Court’s dismissal of claim based on perceived inconsistencies in eyewitness testimony and delay in FIR registration is improper when a ‘Murg report’ (medical-legal report) on the same day establishes the accident.
India Law Library Docid # 2427830

(845) VIKRAM BHALCHANDRA GHONGADE Vs. THE HEADMISTRESS GIRLS HIGH SCHOOL AND JUNIOR COLLEGE, ANJI (MOTHI), TAH. AND DISTT. WARDHA AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Payment of Gratuity Act, 1972 — Section 4(5) — Maharashtra Civil Services (Pension) Rules, 1982 — Gratuity to teachers in aided schools — Applicability of Act of 1972 vs. Rules of 1982 — Aided school teachers, though not strictly government employees, are akin to them for monetary benefits due to government sanction of posts and payment of salaries and benefits — Rules of 1982 are more beneficial than
India Law Library Docid # 2427831

(846) PANDURANGAN Vs. T. JAYARAMA CHETTIAR AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025
Civil Procedure Code, 1908 — Order 7, Rule 11 (d) — Rejection of plaint — Bar by law (Res Judicata) — Scope of inquiry — A plea of res judicata cannot be decided in an application under Order VII, Rule 11(d) CPC, as it requires consideration of previous pleadings, issues, and decisions, which goes beyond merely examining the averments in the plaint. The defence of the defendant and documents relied upon by him cannot be considered for rejecting a plaint under this rule.
India Law Library Docid # 2427832

(847) ARUN KUMAR SHARMA AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
National Green Tribunal Act, 2010 — Section 14 — Jurisdiction — Petroleum Rules, 2002 — Scope of Challenge — Environmental Concerns — The NGT’s jurisdiction under Section 14 is primarily for environmental protection. Challenges to No Objection Certificates (NOCs) for petrol pumps based on environmental impact and siting criteria fall within its purview. However, the NGT found that challenges primarily centered on Rule 144 of the Petroleum Rules, 2002, or other non
India Law Library Docid # 2427833

(848) UMEDRAJ JAIN Vs. V. SUDARSANAN[SUPREME COURT OF INDIA] 14-07-2025
Civil Procedure Code, 1908 — Section 2(2) & Order 20 Rule 6 — Final Decree — Satisfaction — Power of Court to determine full and final satisfaction of a decree — Supreme Court, in an appeal, can order a lump sum payment as full and final settlement of all dues arising from a final decree, even if it modifies prior orders of lower courts, to end prolonged litigation and avoid wastage of time and resources.
India Law Library Docid # 2427834

(849) INDIAN OIL CORPORATION LIMITED AND OTHERS Vs. M/S SHREE NIWAS RAMGOPAL AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Public Sector Undertakings — Action of — Fairness and Equity — The judgment emphasizes that a statutory corporation, as a state instrumentality, must act justly, fairly, and equitably in commercial matters, rather than in a high-handed or arbitrary manner.
India Law Library Docid # 2427835

(850) COMMUNIDADE OF TIVIM Vs. STATE OF GOA AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Goa, Daman and Diu Agricultural Tenancy Act, 1964 — Sections 9, 10, 11, 18A, 18C, 18D, 18K — Goa Land Use (Regulation) Act, 1991 — Section 2 — Code of Comunidades — Article 154(3), 30(4)(g) — Compromise of proceedings — Tenancy Rights — Land Use — Communidade — Powers of Administrative Tribunal — A proposed compromise between a Communidade (agricultural association with common properties) and private respondents (predecessors-in-interest of tenants) cannot be sanctioned by the Administrative Tri
India Law Library Docid # 2427836

(851) THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. USHA DEVI AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Section 163A — Application for compensation — Maintainability — Proof of negligence — Under Section 163A, proof of negligence is not required for seeking compensation, as it operates on a structured formula basis to provide final adjudication within a limited timeframe — Introduction of Section 163A intended to overcome delays in fault liability claims — Allowing a defense of
India Law Library Docid # 2427837

(852) SUHAGRANI AND OTHERS Vs. MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Section 166 — Claim for Compensation — Accident and Liability — Evidentiary Value — High Court erred in dismissing claim based on PW-2’s (son’s) police statement (Ex. D-1) when he retracted it in Tribunal, stating he denied making such statement and police recorder of statement (Ex. D-1) was not examined and contents of Ex. D-1 were not proved by insurer.
India Law Library Docid # 2427838

(853) ORISSA HIGH COURT AND OTHERS Vs. BANSHIDHAR BAUG AND OTHERS ETC.[SUPREME COURT OF INDIA] 14-07-2025
Advocates Act, 1961 — Section 16(2) — Designation of Senior Advocates — Power of High Courts and Supreme Court — Suo Motu Designation — The power to designate Senior Advocates is enshrined in Section 16(2) of the Advocates Act, 1961, allowing the Supreme Court or a High Court to confer this distinction based on an advocate’s ability, standing at the Bar, or special knowledge or experience in law — This inherently recognizes the court’s power to designate, including through suo motu
India Law Library Docid # 2427839

(854) 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

(855) 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

(856) 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

(857) 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

(858) 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

(859) 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

(860) 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