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(321) ALL INDIA TEA AND TRADING CO. LTD Vs. INDIAN OIL CORPORATION LTD. AND OTHERS[SUPREME COURT OF INDIA] 18-02-2025
Land Acquisition Act, 1894 — Sections 4 and 18 — Consideration of Exemplars in Land Acquisition — In determining market value for land acquisition, the court should consider exemplars (sale instances) that accurately reflect the acquired land's characteristics, with preference for similar land types — Using dissimilar land types as exemplars may lead to inaccurate market
India Law Library Docid # 2422801

(322) ABHISHEK MISHRA Vs. THE STATE OF UTTAR PRADESH AND OTHERS [SUPREME COURT OF INDIA] 17-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Jurisdiction under Section 482 — Merely Filing a Charge-Sheet Not a Bar — The Supreme Court reiterates that the filing of a charge-sheet does not preclude the High Court from exercising its jurisdiction under Section 482 of the Cr.P.C. to quash proceedings.
India Law Library Docid # 2422724

(323) JAGDISH CHAND MEMORIAL TRUST Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 17-02-2025
No Objection Certificate (NOC) — Withdrawal of a No Objection Certificate (NOC) for an Ayurvedic Medical College and Hospital — The court dismissed the appeal, asserting that the NOC was issued without adhering to the mandatory Rules of Business, which require the Council of Ministers' approval for policy decisions affecting the state — Consequently, the court determined that the appellant could not claim an irrefutable right based on an invalidly issued grant, nor could they invoke promissory e
India Law Library Docid # 2422600

(324) STATE OF PUNJAB AND OTHERS Vs. TRISHALA ALLOYS PVT. LTD.[SUPREME COURT OF INDIA] 17-02-2025
Punjab Value Added Tax Rules, 2005 — Rule 21(8) — Rule reducing input tax credit for existing stock cannot be applied retrospectively without explicit statutory authority, as it infringes upon taxpayers' vested rights, emphasizing that tax laws apply as per the relevant assessment year unless otherwise specified, and statutory amendments affecting vested rights require clear legislative intent, as evident in the court's holding that Rule 21(8), lacking prior statutory authority, cannot diminish
India Law Library Docid # 2422601

(325) JATINDER KUMAR SAPRA Vs. ANUPAMA SAPRA[SUPREME COURT OF INDIA] 17-02-2025
Finality of Lump Sum Permanent Alimony in Divorce Decrees — A lump sum permanent alimony award in a divorce decree, as granted by the Supreme Court, constitutes a full and final settlement of all claims, including maintenance obligations thereby closing all pending maintenance cases between the parties, with no scope for further claims or inclusion of arrears from previous maintenance orders.
India Law Library Docid # 2422602

(326) KRISHNA AND OTHERS Vs. SANJAY KUMAR AND OTHERS[SUPREME COURT OF INDIA] 17-02-2025
Motor Accident Claims — Determining Monthly Income in Motor Accident Claims— In assessing monthly income for compensation, the court shall consider the last drawn salary and/or income from all sources, as reflected in reliable documents (e.g., National Insurance Co. Ltd. vs. Pranay Sethi (2017) 16 SCC 680) — In this case, the Supreme Court fixed the monthly income at Rs. 31,103/- based on reliable documentation
India Law Library Docid # 2422646

(327) JAKARIA MONDAL @ JAKAI @ JIKAI Vs. THE NATIONAL INSURANCE CO.LTD. AND ANOTHER[SUPREME COURT OF INDIA] 17-02-2025
Motor Accident Claims — Just Compensation —The Supreme Court mandates just and fair compensation for motor accident victims, emphasizing precise calculations for income, disability, and attendant charges.

B. Motor Vehicles Act, 1988 — Evidence-Based Income Assessment — In absence of evidence, minimum wages serve as the basis for calculating compensation in motor accident cases.
India Law Library Docid # 2422655

(328) STATE OF KARNATAKA Vs. T.N. SUDHAKAR REDDY[SUPREME COURT OF INDIA] 17-02-2025
Prevention of Corruption Act, 1988 — Sections 13(1)(b), 12, 13(2) and 17 — Preliminary Inquiry not Mandatory — A preliminary inquiry is not mandatory before directing the registration of an FIR in cases under the Prevention of Corruption Act (PC Act) —The source information report can serve as a preliminary inquiry in itself, especially if it prima facie discloses the commission of a cognizable offense
India Law Library Docid # 2422748

(329) THE STATE OF UTTAR PRADESH AND OTHERS Vs. PRATYUSH RAWAT AND OTHERS[SUPREME COURT OF INDIA] 17-02-2025
A High Court cannot modify its order after the Supreme Court has stayed it, and must await the Supreme Court's final decision, lest it overreach the higher court's jurisdiction — The Supreme Court set aside a High Court order that had restrained the implementation of a tender for food supplies, finding the order to be unreasoned and an overreach of the court's jurisdiction after the Supreme Court had stayed the order.
India Law Library Docid # 2422825

(330) UDHAW SINGH Vs. ENFORCEMENT DIRECTORATE[SUPREME COURT OF INDIA] 17-02-2025
Prevention of Money Laundering Act, 2002 — Section 45(1)(ii) — Constitution of India, 1950 — Article 21 — Constitutional Courts may grant bail in PMLA cases if trial is likely to exceed reasonable time, overriding Section 45(1)(ii)'s stringent bail conditions, to protect the accused's right to a speedy trial under Article 21 of the Constitution
India Law Library Docid # 2422684

(331) SHANTI AND OTHERS Vs. NATIONAL INSURANCE COMPANY[SUPREME COURT OF INDIA] 17-02-2025
Employee’s Compensation Act 1923 — Section 4A(3) — Interest payable following a default by the employer in making provisional compensation payments — The Insurance Company argues it should not be liable for additional interest due to the employer's default — However, the court holds that the Act mandates a 12% simple interest rate for such defaults, with a discretionary higher rate not exceeding scheduled bank lending rates — The court modifies the award to apply 12% interest from the date of
India Law Library Docid # 2422598

(332) WESTERN COAL FIELDS LTD. Vs. MANOHAR GOVINDA FULZELE[SUPREME COURT OF INDIA] 17-02-2025
Payment of Gratuity Act, 1972 — Section 4(5) and 4(6)(b)(ii) — Forfeiture of gratuity is permissible if the employee's misconduct constitutes an offence involving moral turpitude, even without a criminal conviction, provided the Disciplinary Authority decides that the misconduct could, in normal circumstances, constitute such an offence — The Court distinguished between the standards of proof in criminal and disciplinary proceedings
India Law Library Docid # 2422599

(333) BALKAR SINGH Vs. UT OF JAMMU AND KASHMIR AND OTHERS[SUPREME COURT OF INDIA] 17-02-2025
Administrative instructions on court proceedings cannot override judicial discretion to consider relevant judgments, even if not circulated in advance — The Supreme Court set aside a High Court order dismissing an intra-court appeal due to non-compliance with administrative instructions regarding the circulation of judgments — The Court held that such instructions should not deprive a litigant of the opportunity to cite relevant judgments.
India Law Library Docid # 2422813

(334) RAMESH MISHRIMAL JAIN Vs. AVINASH VISHWANATH PATNE AND ANOTHER [SUPREME COURT OF INDIA] 14-02-2025
Bombay Stamp Act, 1958 — Explanation I to Article 25 — An agreement to sell immovable property is liable for stamp duty as a deemed conveyance (under Explanation I, Article 25, Bombay Stamp Act, 1958) if it involves implied or symbolic transfer of possession (including change from tenant to owner), with stamp duty levied on the instrument (agreement), not the transaction (sale), reflecting the legislature's intent to realize revenue at the earliest point
India Law Library Docid # 2422540

(335) M/S. B N PADMANABHAIAH AND SONS Vs. R N NADIGAR AND OTHERS [SUPREME COURT OF INDIA] 14-02-2025
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 8 — Suit Maintainability in Representative Capacity — A suit filed under Order 1, Rule 8 of the CPC in representative capacity requires the plaintiffs to have locus standi and a direct stake in the subject matter — The Supreme Court held that the plaintiffs, being former students and ratepayers, lacked sufficient interest in the property to maintain the suit in representative capacity — The Court emphasized
India Law Library Docid # 2422541

(336) M/S. ABCI INFRASTRUCTURES PVT. LTD. Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 14-02-2025
Tender — Bid security amount — System Error/Typographical mistake — Penalty — The Appellant participated in a BRO tender for a Rs. 1,504.64 crore project, mistakenly bidding Rs. 1,569 due to a "system error" — They promptly notified BRO the next day, but BRO declared them a defaulter and invoked the Rs. 15.04 crore bank guarantee — The Appellant argued the mistake was unintentional and promptly corrected, while BRO stressed strict adherence to bidding rules — The Court balanced fairness and acco
India Law Library Docid # 2422542

(337) PUJA FERRO ALLOYS PRIVATE LIMITED AND OTHERS Vs. STATE OF GOA AND OTHERS [SUPREME COURT OF INDIA] 14-02-2025
Goa (Prohibition of Further Payments and Recovery of Rebate Benefits) Act, 2002— Electricity Act, 1910 — Sections 23 and 51A — The appellants Industrial companies sought a 25% electricity tariff rebate under a 1991 Goa notification, rescinded in 1995 — They claimed benefits based on later notifications, but the State of Goa (SoG) issued demand notices to recover the rebate, leading to litigation — The key issue was whether the appellants were entitled to the rebate under the 1991 notification an
India Law Library Docid # 2422543

(338) MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. MAHADEO KRISHNA NAIK [SUPREME COURT OF INDIA] 14-02-2025
Service Law — Dismissal — Backwages — The Maharashtra State Road Transport Corporation appealed a High Court order that overturned the dismissal of respondent-bus driver who was fired after a 1996 fatal accident involving a lorry colliding with his bus. The Labour Court upheld his dismissal, but the High Court reversed it after respondent presented evidence from a Motor Accidents Claims Tribunal (MACT) where the Corporation blamed the lorry driver — The Supreme Court examined whether the Corpora
India Law Library Docid # 2422544

(339) VARSHA DEVI ALIAS VARSHA SHUKLA Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 14-02-2025
Penal Code, 1860 — Section 498A — Malicious Intent in Filing the Complaint — Supreme Court quashed a complaint alleging a second marriage and child birth by the appellant-wife, finding it malicious with no credible evidence — The issues revolved around the absence of substantiating evidence and the abuse of legal process through multiple frivolous proceedings — The court concluded that the complaint lacked merit and was an abuse of process, thereby dismissing the appeal and closing the case, uph
India Law Library Docid # 2422610

(340) SAHAKARMAHARSHI BHAUSAHEB THORAT SAHAKARI SAKHAR KARKHANA LTD. Vs. THYSSEN KRUPP INDUSTRIES INDIA PVT. LTD. [SUPREME COURT OF INDIA] 14-02-2025
Contract Act, 1872 — Section 74 — Breach of Contract — The appellant and respondent agreed for the respondent to supply machinery for a continuous fermentation process, guaranteeing a minimum yield of 280 litres of alcohol per metric tonne of molasses — Due to delays and unsatisfactory performance, the appellant sought Rs. 68.15 lakhs in damages for losses, claiming the machinery failed to meet performance standards — The respondent argued that the claim was essentially a refund, which was not a
India Law Library Docid # 2422545