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(841) THE AUROVILLE FOUNDATION Vs. NAVROZ KERSASP MODY AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
National Green Tribunal Act, 2010 — Section 14 — Jurisdiction of National Green Tribunal (NGT) — The NGT has jurisdiction over civil cases involving substantial environmental questions, which must arise from the implementation of enactments specified in Schedule I of the NGT Act.
India Law Library Docid # 2423541

(842) VISHNOO MITTAL Vs. M/S SHAKTI TRADING COMPANY[SUPREME COURT OF INDIA] 17-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Insolvency and Bankruptcy Code, 2016 — Section 14 — Moratorium — Moratorium under IBC — A moratorium order under Section 14 IBC prohibits institution or continuation of suits, including proceedings under Section 138 of the Negotiable Instruments Act (NI Act), against the corporate debtor
India Law Library Docid # 2423542

(843) PRADEEP NIRANKARNATH SHARMA Vs. STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 154 — Information in cognizable cases — Mandatory Registration of FIRs — Under Section 154 of the CrPC, registration of an FIR is mandatory if the information discloses the commission of a cognizable offence, with no preliminary inquiry permissible in such situations
India Law Library Docid # 2423543

(844) PRADEEP NIRANKARNATH SHARMA Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER[SUPREME COURT OF INDIA] 17-03-2025
Prevention of Money Laundering Act, 2002 — Section 3 — Money Laundering as a Continuing Offence — The offence of money laundering under the Prevention of Money Laundering Act (PMLA) is a continuing offence, extending beyond the commission of the scheduled offence, as long as the proceeds of crime are concealed, used, or projected as untainted property
India Law Library Docid # 2423544

(845) GOPAL PRADHAN Vs. STATE OF CHHATTISGARH AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Criminal Procedure Code, 1973 (CrPC) — While a court cannot direct the police to file a charge sheet against a specific person, it has the power to differ from the police's final report, take cognizance of a crime, and summon individuals as accused — The Supreme Court dismissed a special leave petition against a High Court order that upheld a Magistrate's summoning of the petitioner as an accused after the police had submitted a final form not recommending trial — The Court clarified that althou
India Law Library Docid # 2423603

(846) RITESH KUMAR Vs. THE STATE OF BIHAR[SUPREME COURT OF INDIA] 17-03-2025
Criminal Law — Bail — An anticipatory bail order should not contain a specific direction for the arrest of the accused upon the filing of a charge sheet; instead, the trial court should be left to consider bail afresh based on the materials presented — The Supreme Court modified a High Court order granting anticipatory bail which stipulated that the bail would lose effect upon the submission of a charge sheet and the trial court would take coercive steps to ensure the petitioner's custody — The
India Law Library Docid # 2423604

(847) KIRAN RAJU PENUMACHA Vs. TEJUSWINI CHOWDHURY[SUPREME COURT OF INDIA] 17-03-2025
Hindu Marriage Act, 1955 — Section 26 — Custody of children — Guardians and Wards Act, 1890 — Custody of Minor Children — In deciding custody cases, courts must prioritize the child's welfare, considering factors beyond physical comforts, including moral and ethical values, and the child's ordinary comfort, contentment, health, education, and favorable surroundings.
India Law Library Docid # 2423552

(848) SHIVALEELA AND OTHERS Vs. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Motor Vehicles Act, 1988 — Assessment of Deceased's Income — In motor accident claims, the court should consider all evidence, including bank records, loan documents, and testimony, to accurately assess the deceased's monthly income from various sources
India Law Library Docid # 2423553

(849) MADIVALAPPA Vs. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION[SUPREME COURT OF INDIA] 17-03-2025
Motor Vehicles Act, 1988 — Section 173 — Multiplier for ‘Loss of Future Earnings’ — The appropriate multiplier for a 24-year-old claimant is ‘18’, as per the judgment in Sarla Verma v Delhi Transport Corporation, to calculate ‘loss of future earnings’.
India Law Library Docid # 2423554

(850) GANGUBAI RAGHUNATH AYARE Vs. GANGARAM SAKHARAM DHURI (D) THR. LRs AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Civil Procedure Code, 1908 — Order 1 Rule 9 — Necessity of Proper Parties in a Suit — A court cannot grant relief in a civil suit if necessary parties, especially co-owners in a partition suit, are not impleaded.
India Law Library Docid # 2423555

(851) RANJIT SARKAR Vs. RAVI GANESH BHARDWAJ AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025
Criminal Procedure Code, 1973 — Section 256 — Acquittal for Complainant’s Non-appearance — Conditions Precedent — Purpose of Listing — Acquittal of the accused under Section 256(1) CrPC upon the complainant's non-appearance is permissible only if (i) the summons was issued on complaint, (ii) the date was appointed specifically for the appearance of the accused (or a subsequent date to which the hearing was adjourned for that purpose), (iii) the complainant fails to appear on such date, and (iv)
India Law Library Docid # 2424051

(852) M/S.UTTAM RICE MILL, DHAMTARI Vs. M/S.ASHOK CONSTRUCTION COMPANY[SUPREME COURT OF INDIA] 17-03-2025
Equity — Conduct of Litigant — Vigilance and Promptness — Entitlement to Relief — A litigant, particularly a decree-holder in execution proceedings, who displays prolonged lethargy, passivity, consistent absence, negligence, and a lackadaisical approach over several years, demonstrates non-diligent conduct — Such conduct, which allows the litigant's cause to suffer due to their own inaction, is not condonable and disentitles them from claiming any equitable relief from the court — Vigilance and
India Law Library Docid # 2424052

(853) STATE OF HARYANA AND OTHERS Vs. TILDA RICELAND PVT. LTD.[SUPREME COURT OF INDIA] 17-03-2025
Punjab Agricultural Produce Markets Act, 1961 — Punjab Agricultural Produce Markets (General) Rules, 1962 — R. 30(5) — Market Fees — Double Levy — Transfer of Stock — Challenge to High Court order holding that transferring agricultural produce stock, on which market fee has already been paid (within or outside the State), from one market committee area to another does not amount to a business transaction or sale liable for additional market fee under Rule 30(5) — High Court found demand for addi
India Law Library Docid # 2424604

(854) 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

(855) 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

(856) 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

(857) 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

(858) 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

(859) 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

(860) 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