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(881) SACHIN JAISWAL Vs. M/S HOTEL ALKA RAJE AND OTHER[SUPREME COURT OF INDIA] 27-02-2025
Partnership Act, 1932 — Section 14 — Partnership Property under the Partnership Act, 1932 — Property, including immovable assets, contributed by a partner to a partnership firm becomes the firm's property under Section 14, irrespective of its original character
India Law Library Docid # 2422899

(882) MANSOOR ALI FARIDA IRSHAD ALI AND OTHERS Vs. THE TAHSILDAR-I, SPECIAL CELL AND OTHERS[SUPREME COURT OF INDIA] 27-02-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 —Sections 2(ga), 3, 3A, 3B, 4, 4A, 33, 35(1A) and 38 — Development Control Regulations for Greater Mumbai, 1991 — Regulations 33(5), 33(10), 33(10)(II)(i) and 33(10)(II)(viii)) — Redevelopment of Slum Areas under the Act, 1971 — The Slum Rehabilitation Authority (SRA) has the power to redevelop slum areas, including those that are "censused slums," without a separate notification under the Slum Act, as per Regulation 33
India Law Library Docid # 2422900

(883) PAPPAMMAL (DIED) THROUGH LR R. KRSNA MURTII Vs. JOTHI AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Civil Procedure Code, 1908 — Order 22 Rule 5, Order 1 Rule 10(2) and Order 12 Rule 5 — Substitution of Parties in a Pending Suit — The court has the power to substitute a party in a pending suit, especially in cases of inheritance, to ensure the continuation of the litigation without unnecessary delay
India Law Library Docid # 2422901

(884) KANISHK SINHA AND ANOTHER Vs. THE STATE OF WEST BENGAL AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 — Section 156(3) — Requirement of Affidavit with Section 156(3) Applications — As per Priyanka Srivastava vs. State of Uttar Pradesh (2015) 6 SCC 287, all Section 156(3) CrPC applications must be supported by an affidavit to ensure responsibility and deter frivolous complaints, with this direction being prospective in nature
India Law Library Docid # 2422902

(885) MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. SUBHASH S/O LAXMANRAO BRAMHE[SUPREME COURT OF INDIA] 27-02-2025
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 — Distinction Between Time Scale of Pay and Absorption — The grant of regular time scale of pay and appointment to ephemeral vacancies are distinct from absorption into the regular cadre, with the former not requiring selection by a competent Selection Committee or availability of vacancies
India Law Library Docid # 2422903

(886) DILEEPBHAI NANUBHAI SANGHANI Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(a), 13(1)(d)(i) and (ii), 13(2), and 20 — Proof of Demand and Acceptance of Illegal Gratification — To establish guilt under the Act, 1988, proof of demand and acceptance of illegal gratification by a public servant is a sine qua non, which can be established through direct or circumstantial evidence
India Law Library Docid # 2422904

(887) MANOJ RAMESHLAL CHHABRIYA Vs. MAHESH PRAKASH AHUJA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378(3) — The Supreme Court set aside the High Court's order declining to grant leave under Section 378(3) of the Cr.P.C. in an appeal against acquittal, remitting the matter for consideration on merits — The case involves the acquittal of a respondent accused of murdering his wife, with the prosecution relying on circumstantial evidence — The
India Law Library Docid # 2422939

(888) SANJAY KUMAR Vs. STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 27-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 391 — Appellate court's powers in appeal from conviction — Remand for Re-trial — The Supreme Court sets aside the High Court's order dismissing the appeal in limine and remands the case for re-trial on merits, citing the need for evaluating evidence and witness depositions.
India Law Library Docid # 2422940

(889) RAMESH MARUTI GONDHALI Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Evidence Act, 1872 — Section 27 — Assessing Evidence in Appeals against Acquittal — When dealing with appeals against acquittal, the appellate court must be cautious and only interfere if the acquittal is found to be perverse, i.e., not based on a plausible view of the evidence.
India Law Library Docid # 2423215

(890) RAJU @ NIRPENDRA SINGH Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-02-2025
Indian Penal Code, 1860 — Sections 366, 376(2)(g) – Kidnapping and Gang Rape of Minor — Proof of Age — Consent — Delay in FIR – Medical Evidence – Sentence – Reliability of Prosecutrix Testimony.

Proof of Age: Prosecutrix established to be below 17 years at the time of the incident (starting 06.07.2005) based on dental examination (PW-8), corroborated by school records (showing DOB 10.08.1988) and guardian's testimony (PW-13). Concurrent findings of Trial Court and High Court
India Law Library Docid # 2423843

(891) THE STATE OF KARNATAKA Vs. BASAVARAJ @ BASU[SUPREME COURT OF INDIA] 27-02-2025
Penal Code, 1860 (IPC) — Sections 302, 307 and 376 — Criminal Procedure Code, 1973 (CrPC) — Section 161 —The appellate court should be very slow in setting aside a judgment of acquittal, particularly where two views are possible, unless the trial court's judgment is perverse or wholly unsustainable in law — Supreme Court dismissed an appeal against the High Court's acquittal in a rape and murder case, finding no grounds to overturn the acquittal due to inconsistencies in the victim's statement
India Law Library Docid # 2423456

(892) BEAUTI SINGHA Vs. THE STATE OF TRIPURA AND ANOTHER[SUPREME COURT OF INDIA] 27-02-2025
Penal Code, 1860 (IPC) — Sections 312, 342, and 417 — The appellate court should be cautious in setting aside a judgment of acquittal unless the trial court's judgment is perverse or wholly unsustainable in law — Supreme Court dismissed a criminal appeal challenging the acquittal of the respondent under Sections 312, 342, and 417, finding the High Court's reasons for acquittal to be cogent and not warranting interference under the established principles for appeals against acquittals.
India Law Library Docid # 2423458

(893) STATE OF CHHATTISGARH Vs. ASHOK BHOI ETC.[SUPREME COURT OF INDIA] 27-02-2025
Penal Code, 1860 (IPC) — Sections 302 and 364A — Murder and Kidnapping — Evidence Act, 1872 — Section 106 — In a case based on circumstantial evidence, the prosecution must prove a complete chain of circumstances to establish the accused's guilt beyond reasonable doubt, and mere suspicion or the “last seen together” theory is insufficient for conviction
India Law Library Docid # 2423108

(894) MAHAVEER SHARMA Vs. EXIDE LIFE INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 25-02-2025
Insurance Law — Material Facts in Insurance Contracts — The concept of "material facts" in insurance contracts refers to information that would influence a prudent insurer's decision to assume the risk or fix the premium — The materiality of a fact is determined on a case-to-case basis, considering the nature of the policy, risk, and queries in the proposal form
India Law Library Docid # 2422831

(895) LIFECARE INNOVATIONS PVT. LTD. AND ANOTHER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Micro, Small and Medium Enterprises Development Act, 2006 — Section 11 — Statutory Framework for Micro, Small, and Medium Enterprises (MSMEs) — The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), aims to promote and develop MSMEs by creating a statutory framework — Section 11 of the MSMED Act empowers the Central/State Governments to notify procurement preference policies for MSMEs
India Law Library Docid # 2422832

(896) HIRALAL BABULAL SONI AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Penal Code, 1860 (IPC) — Sections 120B and 411 — In a criminal case, conviction under Section 411 of the IPC requires the prosecution to prove beyond reasonable doubt that the accused had knowledge or reason to believe that the property in their possession was stolen
India Law Library Docid # 2422833

(897) NIRMITI DEVELOPERS THROUGH ITS PARTNERS AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Maharashtra Regional and Town Planning Act, 1966 — Sections 49 and 127 —Interpretation of Sections 49 and 127 — The MRTP Act's scheme is to lay down timelines for acquiring land, with Section 49 specifying obligations to acquire land upon receipt of a purchase notice, and
India Law Library Docid # 2422834

(898) DR. SUNIL KUMAR SINGH Vs. BIHAR LEGISLATIVE COUNCIL (THROUGH SECRETARY) AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Representation of People Act, 1951 — Section 151A — Constitution of India, 1950 — Articles 32 and 212(1) — Maintainability of Writ Petition under Article 32 — The writ petition is maintainable despite Article 212(1) of the Constitution, which bars scrutiny of legislative proceedings on grounds of procedural irregularity — The court distinguishes between "Proceedings in the Legislature" (immune under Article 212(1)) and "Legislative Decisions" (subject to judicial review
India Law Library Docid # 2422835

(899) KANAHAIYA LAL ARYA Vs. MD. EHSHAN AND OTHERS[SUPREME COURT OF INDIA] 25-02-2025
Rent and Eviction — Bona Fide Need of Landlord for Eviction — The landlord's need for eviction must be genuine, not just a desire to vacate the premises — The landlord is the best judge to decide which property to vacate for their particular need
India Law Library Docid # 2422828

(900) SUNEETI TOTEJA Vs. STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 25-02-2025
Criminal Procedure Code, 1973 — Section 197 — Necessity of Sanction for Prosecution of Public Servants — Under Section 197 of the CrPC, no court shall take cognizance of an offence against a public servant without prior sanction from the appropriate government, if the offence is alleged to have been committed while acting or purporting to act in the discharge
India Law Library Docid # 2422829