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(881) M/S SHRI SENDHUR AGRO & OIL INDUSTRIES Vs. KOTAK MAHINDRA BANK LTD.[SUPREME COURT OF INDIA] 06-03-2025
Negotiable Instruments Act, 1881 — Section 142(2) — The amended Section 142(2) provides that the offence under Section 138 shall be inquired into and tried only by a Court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains an account is situated.
India Law Library Docid # 2423213

(882) JOYI KITTY JOSEPH Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-03-2025
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Section 3(1) — Application of Mind in Preventive Detention — The detaining authority must apply its mind to the specific grounds of detention, ensuring that the allegations fall within the provisions of the COFEPOSA.
India Law Library Docid # 2423214

(883) VINDHYACHAL AND ANOTHER Vs. THE STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 06-03-2025
Penal Code, 1860 (IPC) — Sections 302, 307, 34, and 148 — Criminal Procedure Code, 1973 — Section 378 — The Appellate Court should exercise caution when reversing an order of acquittal, especially when the Trial Court's view is plausible, as it reinforces the double presumption of innocence in favor of the acquitted person — In this case, the High Court erred by substituting its own reasoning for the Trial Court's plausible
India Law Library Docid # 2423294

(884) JAMIN AND ANOTHER Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 06-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Relating Back of Revisional Order — An order passed by a superior court in exercise of revisional jurisdiction relates back to and replaces the order of the subordinate court, enabling the Trial Court to proceed with the application under Section 319 CrPC
India Law Library Docid # 2423211

(885) SITA RAM AND ANOTHER Vs. THE STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 06-03-2025
Evidence Act, 1872 — Section 32 — Dying Declaration under Section 32 — A dying declaration is admissible in evidence if it relates to the cause of death or circumstances of the transaction leading to death, without requiring the maker to have expected imminent death
India Law Library Docid # 2423556

(886) BOGGULA TELUGU JAYAMMA AND ANOTHER Vs. THE STATE OF TELANGANA[SUPREME COURT OF INDIA] 05-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 432 — A convict's release under a special government scheme, occurring prior to an appellate court's decision upholding their conviction, can be maintained despite the upheld conviction, as the release is deemed to have been effected under the scheme's provisions
India Law Library Docid # 2423145

(887) RAJESHBHAI JERAJBHAI KALATHIYA AND OTHERS Vs. THE STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Constitution of India, 1950 — Article 227 — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Non-Interference with High Court Order for Registration of FIR — The Supreme Court declined to interfere with the High Court's order directing the registration of a FIR despite potential issues with the order's wording.
India Law Library Docid # 2423146

(888) RAM KISHORE CHOWDHARY Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — A revisional court against acquittal must examine the trial court records before dismissing the revision, even if the revision petitioner seeks adjournments — The Supreme Court allowed an appeal against the High Court's dismissal of a revision application against the acquittal of private respondents in a decades-old criminal case — The Supreme Court held that the High Court erred by not perusing the trial court records before dismissi
India Law Library Docid # 2423661

(889) SMT. LAVANYA C AND ANOTHER Vs. VITTAL GURUDAS PAI SINCE DESEASED BY LRS. AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Contempt of Courts Act, 1971 — Contempt of Court for Violating Undertaking — The appellants, who were defendants in the Trial Court, were held guilty of contempt for violating their undertaking not to alienate a property, subject matter of a suit, given before the Trial Court — The undertaking was made in the context of a Joint Development Agreement (JDA) dispute
India Law Library Docid # 2423139

(890) SURESH @ HANUMANT Vs. STATE (GOVT. OF NCT DELHI)[SUPREME COURT OF INDIA] 05-03-2025
Evidence Act, 1872 — Section 32 — Dying Declaration — A dying declaration, if found reliable and credible after scrutiny, can be a crucial piece of evidence in establishing the identity of perpetrators in a criminal case, even in the absence of direct corroboration from other evidence.
India Law Library Docid # 2423140

(891) TANAJI SHAMRAO KALE Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 05-03-2025
Evidence Act, 1872 — Sections 118 to 134 — Reliable eyewitness testimony — Reliable eyewitness testimony, even with minor omissions, can be sufficient to establish the guilt of accused persons in a criminal trial, if the core of their testimony remains unshaken by contradictions or other evidence
India Law Library Docid # 2423141

(892) MORTUZA HUSSAIN CHOUDHARY Vs. THE STATE OF NAGALAND AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Sections 3(1), 3(2), 3(3), 6 and 11 — Preventive Detention — Preventive detention orders must strictly comply with statutory requirements and constitutional norms, including effective communication of grounds of detention in a language the detenu understands.
India Law Library Docid # 2423142

(893) PATEL BABUBHAI MANOHARDAS AND OTHERS Vs. STATE OF GUJARAT[SUPREME COURT OF INDIA] 05-03-2025
Penal Code, 1860 (IPC) — Sections 306 and 114 — Abetment of Suicide — To establish abetment to commit suicide under Section 306 IPC, the prosecution must prove a direct or indirect act of instigation or incitement by the accused, proximate to the time of suicide, demonstrating a clear mens rea, which was lacking in this case
India Law Library Docid # 2423143

(894) U.P. POWER CORPORATION LTD. AND ANOTHER Vs. SATYA RAM AND ANOTHER[SUPREME COURT OF INDIA] 05-03-2025
Uttar Pradesh Industrial Disputes Act, 1947 — Section 6H(1) — Entitlement to Salary and Benefits — Jurisdictional error in entertaining claim — The Deputy Labour Commissioner and the High Court erred in entertaining the respondents' claim for salary and benefits from 01.01.2015 to 31.05.2018, without considering
India Law Library Docid # 2423217

(895) SHRI KHERESHWAR MAHADEV VA DAUJI MAHARAJ SAMITI, ALIGARH Vs. THE STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint in certain cases, implying consideration of pending suits — Non-Consideration of Pending Civil Suit by High Court — The High Court erred by not considering the pending civil suit and the order of the Additional District Judge when passing the impugned order — High Courts must consider pending civil suits before passing orders that may impact their outcome.
India Law Library Docid # 2423601

(896) UNION OF INDIA Vs. J.P.SINGH[SUPREME COURT OF INDIA] 05-03-2025
Prevention of Money Laundering Act, 2002 — Section 8(3)(a) — An order of the Adjudicating Authority under the PMLA for retention of seized property continues during the pendency of proceedings relating to an offence under the PMLA before a court, as per Section 8(3)(a) of the PMLA as it existed between 14th May, 2015 and 18th April, 2018, and this applicability is not contingent on the person affected being named as an accused in the complaint — The Supreme Court allowed the appeal of the Union
India Law Library Docid # 2423728

(897) S.N. SHARMA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Service Law — Promotion — Qualifying Service — Ad Hoc Service — Reckoning of Period — The central issue for consideration pertains to whether the period of service rendered by an employee on an ad hoc basis in a promotional post (Scientist 'B') should be counted towards the prescribed qualifying service (three years) for eligibility for promotion to the next higher post (Scientist 'C')
India Law Library Docid # 2424002

(898) SIDDHARTH DALMIA AND ANOTHER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-03-2025
Right to Life and Medical Facilities — The provision of medical facilities is an essential component of the right to life guaranteed under Article 21 of the Constitution, and states have a duty to provide medical facilities in furtherance of their constitutional obligations.
India Law Library Docid # 2423545

(899) SPORTS AUTHORITY OF INDIA AND ANOTHER Vs. DR. KULBIR SINGH RANA[SUPREME COURT OF INDIA] 04-03-2025
Sports Authority of India Executive Cadre (Grade A) Staff Recruitment Rules 2022 — The Supreme Court held that a contractual employee of the Sports Authority of India (SAI), engaged in a post covered under the Sports Authority of India's recruitment rules, is entitled to be considered as an "initial constituent" under the 2022 Rules, thereby gaining regular employee status, if their appointment was made through a selection process but was irregular due to procedural lapses — Moreover, a
India Law Library Docid # 2423100

(900) SURESH Vs. STATE REP. BY INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 04-03-2025
Penal Code, 1860 (IPC) — Section 302 — Murder — Dying Declaration — A dying declaration, inconsistent with previous statements and unsubstantiated by corroborative evidence, is insufficient to sustain a conviction under Section 302 IPC, necessitating the grant of benefit of doubt to the accused.

The Supreme Court held that a conviction under Section 302 cannot be sustained solely on the basis of a dying declaration that is inconsistent with the deceased's previous statements and lacks corrobor
India Law Library Docid # 2423101