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(301) SANJAY COLARO Vs. STATE OF KARNATAKA[SUPREME COURT OF INDIA] 21-04-2025
Indian Penal Code, 1860 — Section 279 — Rash driving or riding on a public way — Criminal negligence — Accused alleged to have driven motorcar in a rash and negligent manner, causing fatal accident to pedestrian — Conviction upheld by trial court, appellate court, and high court
India Law Library Docid # 2425737

(302) N. ESWARANATHAN Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 17-04-2025
Abuse of Process of Law — Successive Special Leave Petitions (SLPs) — Filing a second Special Leave Petition (SLP) challenging the same High Court judgment after the dismissal of the first SLP on merits, particularly by engaging the same Advocate-on-Record (AOR) and failing to disclose the earlier dismissal while making incorrect statements, constitutes a vexatious petition, a misuse of the process of law, and a brazen attempt to obstruct the administration
India Law Library Docid # 2424791

(303) ADAVYA PROJECTS PVT. LTD. Vs. M/S VISHAL STRUCTURALS PVT. LTD. AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Arbitration and Conciliation Act, 1996 — Section 21 — Notice Invoking Arbitration — Mandatory Nature and Effect of Non-Service — A notice invoking arbitration under S. 21 is mandatory (unless otherwise agreed by parties) as its receipt fixes the date of commencement of arbitral proceedings, which is crucial for determining limitation (S. 43), applicable law (including amendments to the Act), and fulfilling a prerequisite for
India Law Library Docid # 2424792

(304) STATE OF HIMACHAL PRADESH Vs. SHAMSHER SINGH[SUPREME COURT OF INDIA] 17-04-2025
Penal Code, 1860 — Section 307 — Attempt to Murder — Ingredients — Nature of Injury vs. Intention/Knowledge — To attract S. 307 IPC, the crucial element is the intention or knowledge to cause death with which the act is done, irrespective of the nature or severity of the injury actually caused. S. 307 uses the word ‘hurt’, not ‘grievous hurt’ or ‘life-threatening hurt’ — Therefore, an accused cannot be acquitted merely because the injury inflicted was not grievous or dangerous to life, if the ev
India Law Library Docid # 2424793

(305) SUBHASH AGGARWAL Vs. THE STATE OF NCT OF DELHI[SUPREME COURT OF INDIA] 17-04-2025
Criminal Law — Circumstantial Evidence — Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence — Conviction upheld where circumstances, including (i) gunshot residue (GSR) found on the accused father’s dominant (right) hand, (ii) th
India Law Library Docid # 2424794

(306) ANKIT MISHRA Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference if (i) the High Court has demonstrably considered the criminal history, and (ii) the spec
India Law Library Docid # 2424795

(307) AJAY RAJ SHETTY Vs. DIRECTOR AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Employees’ State Insurance Act, 1948 — Section 2(17) — ‘Principal Employer’ — Scope and Determination — The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment
India Law Library Docid # 2424796

(308) SHAHED KAMAL AND OTHERS Vs. M/S A. SURTI DEVELOPERS PVT. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Penal Code, 1860 — Section 499, Exception 9 & Section 500 — Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good — Good faith requires due care and attention but, unlike Exception 1, does not
India Law Library Docid # 2424797

(309) DIRECTORATE OF REVENUE INTELLIGENCE Vs. RAJ KUMAR ARORA AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c) and 2(xxiii), Schedule & NDPS Rules, 1985 — Sch. I, Rules 53, 64, 65, 66 — Offence relating to Psychotropic Substances listed in Act Schedule but not in Rules Schedule I — Dealing in (producing, manufacturing, possessing, selling, purchasing, transporting, warehousing, using, consuming, importing, exporting, or transhipping) any psychotropic substance listed in the Schedule to the NDPS Act constitutes an offence under S. 8(c),
India Law Library Docid # 2424798

(310) D.B. RAVIKUMAR Vs. G.S. SURESH AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of First Information Report (FIR) — Scope of Interference — The inherent power vested in the High Court under Section 482 Cr.P.C. to quash criminal proceedings, including an FIR, ought not to be exercised in a manner that prematurely scuttles a legitimate investigation, particularly when the FIR discloses the prima facie commission of cognizable offences.
India Law Library Docid # 2424846

(311) SHEELA DEVI AND ANOTHER Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025
Employees’ Compensation Act, 1923 — Section 4A(3)(b) — Statutory Penalty — Liability (Employer vs. Insurer) — It is settled law that the statutory penalty imposed upon an employer under Section 4A(3)(b) of the Act for default in paying compensation without justification is the sole liability of the employer and is not required to be indemnified by the Insurance Company — The Insurer's liability is limited to indemnifying the employer for the principal compensation amount and interest thereon (un
India Law Library Docid # 2424927

(312) M/S SUNSHINE BUILDERS AND DEVELOPERS Vs. HDFC BANK LIMITED THROUGH THE BRANCH MANAGER AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 18(1), Second Proviso — Appeal to Appellate Tribunal — Pre-deposit Requirement — Scope of “any order” under Section 17 — The expression “any order made by the Debts Recovery Tribunal [under section 17]” in Section 18(1), which is subject to the mandatory pre-deposit requirement under the second proviso for an appeal by the borrower, requires meaningful interpretation — A
India Law Library Docid # 2425053

(313) WIKIMEDIA FOUNDATION INC Vs. ANI MEDIA PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Interim Relief — Injunction — Stay by Supreme Court — Broad and Vague Relief — Implementability — Where an interim injunction granted by the High Court (restraining publication of allegedly false, misleading, defamatory content) is found by the Supreme Court to be very broadly worded, lacking clarity on who will decide the nature of the content, and prima facie incapable of specific implementation, the Supreme Court may stay such an injunction pending further proceedings or final disposal.
India Law Library Docid # 2425054

(314) AYYUB ALI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025
Penal Code, 1860 — Sections 302, 304 — Criminal Procedure Code, 1973 — Section 228 — Framing of Charge — Prima Facie Case — Murder vs. Culpable Homicide — At the stage of framing of charge, the Trial Court cannot conclusively determine whether a case falls under Section 302 IPC or Section 304 IPC merely based on the post-mortem report or the nature of the weapon used — If the materials placed before the Court, including the nature and number of injuries and surrounding circumstances, disclose a
India Law Library Docid # 2425104

(315) STATE OF RAJASTHAN AND OTHERS Vs. COMBINED TRADERS[SUPREME COURT OF INDIA] 16-04-2025
Central Sales Tax Act, 1956 — Section 13(1)(d), Section 13(3), Section 13(4) & Section 8(4) — Central Sales Tax (Registration and Turnover) Rules, 1957 — Rule 12(1) — Central Sales Tax (Rajasthan) Rules, 1957 — Rule 17(20) — Rule-making power of State Government vs. Central Government — Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained th
India Law Library Docid # 2424727

(316) K. SHIKHA BARMAN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 16-04-2025
Criminal Law — Identity of Accused — Burden of Proof — In a criminal prosecution, particularly under the NDPS Act, the fundamental burden lies upon the prosecution to establish beyond a reasonable doubt the identity of the person accused as the perpetrator of the offence — Where the appellant contends a case of mistaken identity, alleging she was not the person originally arrested but was implicated later, the prosecution must prove that the appellant in court is unequivocally the same individua
India Law Library Docid # 2424728

(317) SURESH C. SINGAL AND OTHERS Vs. THE STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure – Quashing of Proceedings (Section 482 CrPC / Article 226 Constitution) – Principles for Exercise of Power — The inherent jurisdiction of the High Court under Section 482 CrPC, complemented by the power under Article 226 of the Constitution, to quash criminal proceedings (including FIR and chargesheet) should be exercised sparingly, with caution, and only to prevent abuse of the process of court or otherwise secure the ends of justice — The exercise of this power depends heavi
India Law Library Docid # 2424729

(318) IRWAN KOUR Vs. PUNJAB PUBLIC SERVICE COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025
Service Law — Reservation — Ex-Servicemen — Applicable Rules — State vs. Central Rules — For recruitment to posts under the Punjab State Government advertised by the Punjab Public Service Commission, the eligibility for reservation under the “ex-servicemen” category must be determined solely based on the definition provided in the Punjab Recruitment of Ex-Servicemen Rules, 1982 (Punjab Rules, 1982), framed under Article 309 of the Constitution — The Ex-Servicemen (Re-employment in Central Civil
India Law Library Docid # 2424730

(319) STATE OF KARNATAKA Vs. NAGESH[SUPREME COURT OF INDIA] 16-04-2025
Evidence Act, 1872 — Appreciation of Evidence — Minor Discrepancies & Time Lag — Minor discrepancies, inconsistencies, or memory lapses in the testimonies of prosecution witnesses, especially the complainant and shadow witness, are natural and likely to occur when witnesses depose after a considerable lapse of time (10 years in this case) from the date of the incident — Such minor variations, which do not go to the root of the matter or shake the basic version of the prosecution case regarding d
India Law Library Docid # 2424731

(320) S.C. GARG Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025
Criminal Procedure — Res Judicata in Criminal Proceedings — Applicability The principle of res judicata is applicable to criminal proceedings — A finding on a specific factual issue reached by a competent criminal court in a prior proceeding (rejection of a defence in a Section 138 NI Act case) is binding on the same parties in subsequent criminal proceedings where the same factual issue arises (Section 420 IPC prosecution based on the very defence rejected earlier) — A party cannot initiate a
India Law Library Docid # 2424732