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(1) JAMES Vs. THE STATE OF KARNATAKA[SUPREME COURT OF INDIA] 20-12-2024
Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused's vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incid
India Law Library Docid # 2421052

(2) SUGIRTHA Vs. GOWTHAM[SUPREME COURT OF INDIA] 20-12-2024
Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child's health and well-being must not be compromised in the process of adjudicating parental rights.
India Law Library Docid # 2421053

(3) JAGGO Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Service Law — Regularization of services for long-term, part-time employees — The court found that the appellants' continuous service for over a decade, performing essential duties, should not be disregarded simply because their initial appointments were labeled as part-time or contractual — The court noted the indispensable nature of their work, the lack of any performance issues, and that their duties were similar to those of regular employees — The court emphasized that the nature of their wo
India Law Library Docid # 2421054

(4) SHAMBHU DEBNATH Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — The Supreme Court overturned the Patna High Court's decision to grant anticipatory bail to respondents in a murder case — The case originated from an incident where the appellant's nephew was allegedly set on fire by the respondents — The court emphasized that anticipatory bail should not be granted mechanically, particularly in severe offenses like murder, and the High Court had erred in not considering the gravity of the charges and the evidence,
India Law Library Docid # 2421055

(5) DWARIKA PRASAD (D) THR. LRs. Vs. PRITHVI RAJ SINGH[SUPREME COURT OF INDIA] 20-12-2024
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — An application under Order 9 Rule 13 can also serve as an application for condonation of delay — The court cites Bhagmal and Ors Vs. Kunwar Lal and Others, to support its finding that where the delay in filing an application under Order 9 Rule 13 of the CPC is explained within the application itself, there is no need for a separate application for condonation of delay — The court emphasizes that the procedure is a handmaid of justice, and hype
India Law Library Docid # 2421056

(6) CHINA DEVELOPMENT BANK Vs. DOHA BANK Q.P.S.C. AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Insolvency and Bankruptcy Code, 2016 — Sections 5(7), 5(8), 7, 14 and 15 —Contract Act, 1872 — Section 126 — Several appeals challenged the NCLAT's classification of certain appellants as 'Financial Creditors' under the IBC, based on Deeds of Hypothecation (DoH) executed by RCom entities — The key issue was whether the DoH constituted a guarantee entitling the appellants to cover any debt recovery shortfall, qualifying them as financial creditors under Section 5(8) of the IBC — The appellants ar
India Law Library Docid # 2421057

(7) KAMLA DEVI AND OTHERS Vs. STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Land Acquisition and Compensation — The case concerns the assessment of compensation for land acquired by the State of Haryana — The court notes that the issue is covered by a previous judgment in Horrmal v. The State of Haryana, which was decided on 21.10.2024 —In Horrmal, the Supreme Court had already determined that the High Court had incorrectly reduced the land valuation — The Reference Court's evaluation was deemed to be more accurate and aligned with the evidence of the sale deeds — The c
India Law Library Docid # 2421058

(8) ANIL BHAVARLAL JAIN AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 20-12-2024
Penal Code, 1860 (IPC) — Sections 409, 420 and 120B — Prevention of Corruption Act, 1988 — Sections 13(2) and 13(1)(d) — Economic Offences are Distinct — The court emphasizes that economic offenses, particularly those involving financial fraud and public funds, are distinct from other types of offenses and have a broader impact on the economy and public trust.
India Law Library Docid # 2421051

(9) RAVI DHINGRA Vs. STATE OF NCT OF DELHI AND ANOTHER[SUPREME COURT OF INDIA] 19-12-2024
Negotiable Instruments Act, 1881 — Sections 138 and 142 — Averment Requirement under Section 138 — For a complaint under Section 138 of the NI Act to be maintainable, it must contain a specific averment that the accused was in-charge of and responsible for the company's business conduct regarding the dishonored cheque.
India Law Library Docid # 2421007

(10) KARAN TALWAR Vs. THE STATE OF TAMIL NADU[SUPREME COURT OF INDIA] 19-12-2024
Evidence Act, 1872 — Section 25 — Admissibility of Confessional Statement — The confessional statement of a co-accused, upon which the prosecution primarily relies, is inadmissible under Section 25 — This statement cannot be used as evidence against the appellant.
India Law Library Docid # 2421008

(11) ASHOK VERMA Vs. THE STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 19-12-2024
Penal Code, 1860 (IPC) — Sections 302, 201 and 498A — Concurrent Conviction — The case involves an appeal against the concurrent conviction of the appellant by the trial court and the High Court for offences under Sections 302, 201, and 498A — The Supreme Court notes that there is little scope for interference in an appeal against such concurrent findings unless there is a vital piece of evidence overlooked, or if the finding is based on inadmissible evidence.
India Law Library Docid # 2421009

(12) THE STATE OF ORISSA Vs. PRATIMA BEHERA[SUPREME COURT OF INDIA] 19-12-2024
Criminal Procedure Code, 1973 (CrPC) — Section 239 — Prevention of Corruption Act, 1988 — Sections 13(1)(e) and 13(2) — Scope of Section 239, Cr.P.C — The court reiterates that under Section 239 of the Cr.P.C., a magistrate is obligated to discharge an accused only when the charge against them is considered to be groundless — At the stage of framing charges, the court is not required to examine the materials in detail or consider the sufficiency of evidence, but rather to assess whether a prima
India Law Library Docid # 2421010

(13) CHANDRABHAN RUPCHAND DAKALE (D) BY LR SHRI SURAJMAL CHANDRABHAN DAKALE (D) BY LR SHRI RAJESH Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 19-12-2024
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 — Sections 19 and 21 — Finality of Orders Regarding Land Holdings — The court held that an individual cannot revive claims that have been previously rejected, simply due to a judgment in favour of other parties — Specifically, the appellant's claims regarding the extent of his land holdings and the alleged forcible transfer of land to landlords were considered settled by a previous High Court judgment, and could not be reopened — The
India Law Library Docid # 2421011

(14) RAJEEV KUMAR UPADHYAY Vs. SRIKANT UPADHYAY AND OTHERS[SUPREME COURT OF INDIA] 19-12-2024
Protection of Dignity and Human Rights —Dignity as a Constitutional Value —The Court reaffirms that dignity is an integral part of the Constitution of India, reflecting in various rights including Article 14, 19, and 21 — Women's Rights —The judgment highlights the need for greater protection of women's rights, especially in rural areas where equality remains a challenge.
India Law Library Docid # 2421012

(15) P. MANIKANDAN Vs. CENTRAL BUREAU OF INVESTIGATION AND OTHERS[SUPREME COURT OF INDIA] 19-12-2024
Retrial vs. Reinvestigation — The court clearly distinguishes between a retrial and a reinvestigation — A retrial involves restarting the judicial process from the point after the investigation is complete — This means that the trial, with all the associated proceedings, is conducted again — A reinvestigation, however, means that the police and other investigating authorities must re-collect and re-examine evidence to present new charges — The court emphasised that Section 386(b) of the Cr.P.C.
India Law Library Docid # 2421013

(16) MANSOOR SAHEB (DEAD) AND OTHERS Vs. SALIMA (D) BY LRS. AND OTHERS[SUPREME COURT OF INDIA] 19-12-2024
Partition Under Mohammedan Law — The court establishes that, unlike Hindu law, Mohammedan Law does not recognise partition of property during the owner's lifetime — Under Mohammedan Law, the right of an heir to inherit property only arises upon the death of the ancestor — Concepts of 'joint' or 'undivided' family, 'coparcenary', and 'partition' do not exist under Islamic law — The court relies on the work of Tahir Mahmood, and on Mulla
India Law Library Docid # 2421014

(17) TIRITH KUMAR AND OTHERS Vs. DADURAM AND OTHERS[SUPREME COURT OF INDIA] 19-12-2024
Hindu Succession Act, 1956 — Section 2(2) — Inapplicability of the Hindu Succession Act, 1956 (HSA, 1956) to Scheduled Tribes – The court emphasizes that the HSA, 1956, does not apply to members of Scheduled Tribes unless the Central Government explicitly directs its application through an official notification — The judgment cites Article 366(25) of the Constitution of India, defining Scheduled Tribes, and notes that the parties in the case belong to the Sawara tribe, which is a notified Schedu
India Law Library Docid # 2421015

(18) SANJEEVKUMAR HARAKCHAND KANKARIYA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 19-12-2024
Maharashtra Court Fees Act, 1959 — Section 43 — Refund of Court Fees — The court clarifies that refunds of court fees in Maharashtra are governed by Section 43 of the MCFA, 1959, and the notifications issued under it — This section allows for partial refunds of court fees in certain circumstances, and this is where a state notification can provide for specific instances where full refund is permissible.

B. Maharashtra Court Fees Act, 1959 — Court Fees as a State Subject —The court determines
India Law Library Docid # 2421016

(19) T.C. JOHN @ YOHANNAN (DECEASED) THROUGH LRS. Vs. V.J. ANTONY AND OTHERS[SUPREME COURT OF INDIA] 19-12-2024
Assessment of Compensation in Motor Accident Cases — The Court affirmed that the assessment of compensation by the High Court in motor accident cases should be generally respected unless there are clear errors of law or manifest injustice — The Court considered the income of the deceased, other heads of loss, and found the High Court's award to be reasonable and not requiring interference.
India Law Library Docid # 2421004

(20) STATE OF U.P. AND OTHERS Vs. SANDEEP AGARWAL[SUPREME COURT OF INDIA] 19-12-2024
Service Law — VRS — When employees apply for VRS and subsequently engage in prolonged absenteeism without legitimate cause, the employer can terminate their services without conducting a prior disciplinary inquiry — It also emphasizes the importance of timely processing of VRS applications and the consequences of undue delays by the employer — The decision clarifies the rights and obligations of both parties in such scenarios and provides guidance on the calculation of pension and other benefits
India Law Library Docid # 2421005