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(841) THE STATE OF UTTAR PRADESH Vs. NEERAJ KUMAR PANDEY AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Service Law — Recruitment — Fairness in Government Recruitment — A government cannot deny appointment to candidates who secured higher marks than the least-qualified appointed candidate, solely due to delay in the recruitment process, when such delay is attributable to the government's own actions.
India Law Library Docid # 2422463

(842) SHANKAR LAL SHARMA Vs. RAJESH KOOLWAL AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Settlement in lieu of Litigation — The court encourages out-of-court settlements as a means to resolve disputes efficiently and amicably, particularly in cases where the monetary relief sought is substantial but the petitioner's means are limited.
India Law Library Docid # 2422584

(843) GAMBHIR SINGH Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 28-01-2025
Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 27 — Murder — Death Sentence — Acquittal — Appellant was accused of murdering his brother, sister-in-law, and their four children, allegedly over a land dispute —Weapons and items were recovered — The trial court sentenced to death, acquitting one co-accused, and the High Court upheld the decision — The Supreme Court examined whether the prosecution proved accused’s guilt beyond reasonable doubt, focusing on motive, the "last se
India Law Library Docid # 2422315

(844) THE CORPORATION OF THE CITY OF PANAJI Vs. MUSHTAK HUSSAIN KHATIB AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Temporary accommodation — The Corporation of the City of Panaji appealed a High Court order directing it to frame a scheme to accommodate fish and meat vendors after their building was demolished — The Corporation argued the High Court overstepped its jurisdiction under Article 226 and sought to implement its resolutions, accommodating only six meat vendors temporarily — The Supreme Court partially allowed the appeal, setting aside the High Court's scheme directive but affirming temporary accomm
India Law Library Docid # 2422385

(845) JITENDRA SINGH SIKARWAR Vs. RAMESH SINGH SIKARWAR AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Motor Accident Claims — Claimant, who lost his left hand in a 2008 accident, appealed for higher compensation, disputing the High Court's assessment of his income at Rs. 3,000 per month — The Supreme Court found this figure too low, considering his farming and buffalo-rearing income, and revised it to Rs. 6,000 per month — This adjustment raised his loss of income to Rs. 9,66,000 — The Court partially allowed the appeal, directing ICICI Lombard to pay an additional Rs. 6,00,000 with 6% interest,
India Law Library Docid # 2422389

(846) PAVAN KUMAR NATH AND ANOTHER Vs. RASHMI MUKHI[SUPREME COURT OF INDIA] 28-01-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 — The appellant challenged a High Court order upholding the Trial Court's refusal to recall an ex parte order in a recovery suit filed for Rs. 1.55 crore — The Trial Court had proceeded ex parte due to the appellant's absence, and the High Court upheld this — The Supreme Court, however, ruled that the appellant should be given a chance to contest the suit, given the substantial amount involved and the pending application under Order VII Rule 11 C
India Law Library Docid # 2422390

(847) RAMPAL GAUTAM AND OTHERS Vs. THE STATE BY MAHADEVAPURA POLICE STATION, MAHADEVAPURA, BENGALURU AND ANOTHER[SUPREME COURT OF INDIA] 28-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 173(8) — Further Investigation —High Court's direction for further investigation into a case was not justified, given the belated stage of the complainant's application and the lack of initial allegations against the appellants — The Court determined that the complainant had ample opportunity to present her full case during her initial testimony and could have sought to include additional parties through existing legal procedures — The court also no
India Law Library Docid # 2422293

(848) JAYAPAL BHIMAPPA JANAGOUDA AND ANOTHER Vs. THE STATE OF KARNATAKA AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 379 — When a High Court reverses a trial court's acquittal and sentences the accused to life imprisonment, the correct procedure for appealing to the Supreme Court is through a statutory criminal appeal under Section 379 Cr.P.C., not a Special Leave Petition — This right to appeal is granted by statute, making it a matter of right for the accused — The Supreme Court allowed the conversion of the incorrectly filed Special Leave Petitions into Crimina
India Law Library Docid # 2422094

(849) JAGE RAM Vs. VED KAUR AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Settlement — Out of Court — Refund of Court Fee — Court fees are non-refundable in the context of amicable out-of-court settlements, as they are not covered under the specified categories for fee refunds such as arbitration, conciliation, judicial settlement, or mediation — The Supreme Court clarified that the mere termination of litigation through a voluntary agreement between parties does not entitle the
India Law Library Docid # 2422213

(850) IVAN RATHINAM Vs. MILAN JOSEPH[SUPREME COURT OF INDIA] 28-01-2025
Evidence Act, 1872 - Section 112 - Presumption of Legitimacy and Paternity - Under Section 112 - A child born during the subsistence of a valid marriage is conclusively presumed to be the legitimate child of the husband, unless it is proven that the husband had no access to the mother at the time of conception - This presumption of legitimacy is equivalent to paternity unless rebutted by evidence of non-access - The court emphasized that legitimacy and paternity are not independent concepts in I
India Law Library Docid # 2422049

(851) CONSTABLE 907 SURENDRA SINGH AND ANOTHER Vs. STATE OF UTTARAKHAND[SUPREME COURT OF INDIA] 28-01-2025
Penal Code, 1860 - Section 302 and 34 - Arms Act, 1959 - Section 27(1) - Murder - Acquittal - Police personnel, including Head Constables attempted to intercept a suspected smuggler's car - During the incident 'J' fatally shot a woman - The victim's husband filed a complaint, leading to a charge sheet against all four officers for murder and related offenses - The key legal issue was whether appellants could be convicted under Section 302 and 34 for the woman's death, sharing a common intention
India Law Library Docid # 2422050

(852) CHANDRABHAN SUDAM SANAP Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 28-01-2025
Penal Code, 1860 — Sections 302, 364, 366, 376(2)(m), 376A, 392 read with Section 397 and 201 — Murder, Kidnapping, Rape, and robbery — Death Sentence — Acquittal — The prosecution's case was that the deceased was murdered after being taken from a Railway station — The prosecution's case was built on circumstantial evidence, including CCTV footage, witness testimony, and recovery of the victim's belongings — The defense raised issues about the admissibility of the CCTV footage, the reliability o
India Law Library Docid # 2422055

(853) DR. PRIYAMBADA SHARMA, ETC. ETC. Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA AND ORS. ETC.[SUPREME COURT OF INDIA] 28-01-2025
Education Law — Validity of degrees — Medical graduates who completed their studies by July 2022 were appointed as Senior Residents but faced degree invalidation post a October 2022 Supreme Court judgment — Petitioner, still studying, was also affected — Validity of degrees for pre-October 2022 graduates and the right of petitioner to complete her studies — Graduates argued for recognition of their degrees based on completion before the judgment — Petitioner sought special consideration for her
India Law Library Docid # 2422135

(854) THE STATE OF MADHYA PRADESH Vs. DILEEP[SUPREME COURT OF INDIA] 28-01-2025
Supreme Court Rules, 2013 — Order 4 Rule 18 — Implementation of Rule 18 of Order 4 — The court emphasizes the necessity of strict implementation of Rule 18 of Order 4 — This rule stipulates the procedure to be followed when an Advocate-on-Record is designated as a Senior Advocate
India Law Library Docid # 2422262

(855) SIMANCHALA SAHU Vs. THE STATE OF ODISHA AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Odisha Excise Act, 2008 — Section 6(3) — The appellant challenged a collector's order demanding dues, and the High Court directed them to approach the revisional authority under Section 6(3), while requiring a pre-condition deposit of the entire license fee and 50% of the utilization fee — The appellant argued there was no statutory mandate for such a pre-deposit — The Supreme Court agreed, ruling that the High Court's pre-condition was unjustified as the Act does not prescribe a pre-deposit for
India Law Library Docid # 2422321

(856) MOHAMMAD SADIK MOHAMMAD KASAM Vs. RAVINDRA SINGH ARUN SINGH KEER[SUPREME COURT OF INDIA] 27-01-2025
Property Dispute — The plaintiff was granted a decree for possession of 100 sq. ft. of land, which the defendant satisfied — Later, the plaintiff sought an additional 1747 sq. ft., claiming the defendant had taken it during the suit — The High Court, under Article 227 of the Indian Constitution, directed the defendant to hand over the additional area — The defendant argued they could not be dispossessed of land beyond the original decree — The Supreme Court ruled that the High Court erred, stati
India Law Library Docid # 2422313

(857) RAMESH BAGHEL Vs. STATE OF CHHATTISGARH AND OTHERS[SUPREME COURT OF INDIA] 27-01-2025
Chhattisgarh Gram Panchayat (Regulating Places for Disposal of Dead Bodies, Carcasses and other Offensive Matter) Rules, 1999 — Rules 3, 4 and 5 — Right to Burial in Private Land — The Supreme Court held that the appellant, as a bereaved son, has the right to bury his deceased father in his private agricultural land within his native village — This right is based on the principle that the appellant should be allowed to perform the last rites of his father in a dignified manner, especially when t
India Law Library Docid # 2422021

(858) SOMDATT BUILDERS -NCC - NEC(JV) Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 27-01-2025
Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — A dispute arose over the increased quantity of geogrid required for reinforced earth walls, which exceeded the Bill of Quantities (BOQ) — The contractor sought payment at the BOQ rate for the additional quantity, while NHAI argued for rate renegotiation, claiming the increase was a "variation" under Clauses 51 and 52 of the contract — The contractor contended the increase was due to an error in the BOQ, not a design change or instruct
India Law Library Docid # 2422043

(859) JAGWANT KAUR Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 27-01-2025
LPG distributorship — Land Ownership and Lease Agreements — The court held that the eligibility for an LPG distributorship is based on the ownership or lease of specific land dimensions as per the advertisement guidelines — A single applicant leasing a distinct parcel of land from the same lessor as another applicant does not disqualify them if the parcels are separate and meet the required specifications.
India Law Library Docid # 2422044

(860) K. SAMBA MOORTHY Vs. SANJIV CHADHA AND OTHERS[SUPREME COURT OF INDIA] 27-01-2025
Service Law — Promotion — Entitlement to Retrospective Promotion Post-Quashing of Disciplinary Proceedings — If an employee's promotion is kept in abeyance due to pending disciplinary proceedings and later cancelled, and the proceedings are quashed on the grounds of bias, the employee is entitled to the promotion with retrospective effect from the original scheduled date — The error in the disciplinary process was not the fault of the employee, and the quashing of the proceedings implies that th
India Law Library Docid # 2422045