(361) STATE OF KARNATAKA Vs. SRI CHANNAKESHAVA.H.D. AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Prevention of Corruption Act, 1988 — Section 17 (Second Proviso) & Section 13(1)(b) — Investigation of Disproportionate Assets — Order of Superintendent of Police — Preliminary Enquiry — The second proviso to Section 17 mandates that an investigation into an offence under Section 13(1)(b) (disproportionate assets) requires an order from a police officer not below the rank of Superintendent of Police (SP) — However, this provision does not explicitly require the SP to conduct a separate prelimina India Law Library Docid # 2424377
(362) KARAN SINGH Vs. THE STATE OF HARYANA[SUPREME COURT OF INDIA] 08-04-2025 Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (as amended by Act of 2012) — Section 9 — Sentence for failure to surrender after parole — Applicability of Amendment Act, 2012 — Retrospectivity — The amendment to S. 9 by the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012 (w.e.f. 01.10.2012), which introduced a minimum sentence of two years, is not applicable retrospectively — Where the offence of failing to surrender after parole was committed (17.06.2010) an India Law Library Docid # 2424447
(363) THE STATE OF TAMIL NADU Vs. THE GOVERNOR OF TAMILNADU AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Governor's Powers under Article 200 are Limited and Exclusive — When presented with a Bill, the Governor must choose one of only three mutually exclusive options under the substantive part of Article 200: assent, withhold assent, or reserve for Presidential consideration. India Law Library Docid # 2424501
(364) HARDYAL INDER SINGH Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 08-04-2025 Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Factors Considered — Prolonged Investigation & Cooperation — Anticipatory bail may be granted where the investigation against the appellant has remained incomplete for a considerable period (over two and a half years), even after an initial closure report was rejected and further investigation ordered, particularly when coupled with the fact that the appellant has joined the investigation when called upon (thrice in this instance) India Law Library Docid # 2424552
(365) NEW INDIA ASSURANCE CO. LTD. Vs. GOPU AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Limitation Act, 1963 — Sections 6 & 2(l) — Motor Vehicles Act, 1988 — Section 166 — Legal Disability (Minority) — Extension of Limitation Period — Applicability to Appeals from MACT Award — The extension of limitation period granted under Section 6 of the Limitation Act, 1963, on account of legal disability (such as minority), applies only to the institution of a ‘suit’ or the making of an ‘application for the execution of a decree’ — Given that Section 2(l) explicitly states that a ‘suit’ does India Law Library Docid # 2424739
(366) PRAMOD KUMAR TIWARI Vs. PREMLAL GAUTAM AND OTHERS[SUPREME COURT OF INDIA] 08-04-2025 Motor Vehicles Act, 1988 — Compensation — Deductibility of Family Pension — The amount of family pension received by the dependents of an employee, who died in a motor vehicle accident during the subsistence of his employment, is not deductible from the deceased's income when calculating the loss of dependency for determining compensation under the Act — The High Court's view affirming such deduction is set aside. India Law Library Docid # 2424849
(367) TEHSEEN POONAWALLA Vs. THE STATE OF HARYANA AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Imposition of Costs on Petitioner/Accused — Permissibility — Once the High Court, exercising its powers under Section 482 Cr.P.C., arrives at a finding that absolutely no offence is made out against the accused persons and consequently quashes the First Information Report (FIR) and proceedings arising therefrom, there is no justification or legal basis for imposing costs upon the successful petitioners — The High Court ought to fol India Law Library Docid # 2425105
(368) PAWAN KUMAR Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 08-04-2025 Constitution of India — Article 142 — Code of Criminal Procedure, 1973 — Section 482 — Quashing of Proceedings — Non-Compoundable Offences — Settlement/Compromise — The Supreme Court, in exercise of its powers under Article 142 of the Constitution, can quash criminal proceedings, including chargesheet and cognizance order, even for non-compoundable offences (including Sections 354-C, 376, 506 IPC and Sections 67-A, 66-C IT Act), based on a settlement agreement arrived at between the accused and India Law Library Docid # 2425293
(369) HUTU ANSARI @ FUTU ANSAR AND OTHERS Vs. THE STATE OF JHARKHAND[SUPREME COURT OF INDIA] 07-04-2025 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r) & (s) — “Public View” Requirement — For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view” — Where a key prosecution witness (PW-1, complainant’s husband) explicitly states in evidence that only immediate family members were present during the alleged incident and no other India Law Library Docid # 2424332
(370) SOHOM SHIPPING PVT. LTD. Vs. M/S. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Insurance Law — Marine Insurance — Special Condition — “Voyage should commence & complete before monsoon sets in” — Implied Waiver / Non-Materiality — Where a marine insurance policy covers a voyage (Mumbai to Kolkata) for a specific period (16.05.2013 to 15.06.2013) which overlaps with the officially defined monsoon/foul weather season (commencing 1st May East Coast / 1st June West Coast), a special condition requiring the voyage to both commence and complete before the monsoon sets in is deeme India Law Library Docid # 2424333
(371) UNITED INDIA INSURANCE CO. LTD. AND ANOTHER Vs. M/S. PARK LEATHER INDUSTRIES LTD.[SUPREME COURT OF INDIA] 07-04-2025 Consumer Protection Act, 1986 — Pleading and Evidence — Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor's report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply — The adjudicatory body cannot base its findings on the premise that the opposing party failed to deny evidence that was not before it when its pleadings India Law Library Docid # 2424334
(372) SECURITIES AND EXCHANGE BOARD OF INDIA Vs. RAM KISHORI GUPTA AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs) — SEBI cannot pass multiple final orders imposing penalties on the same cause of action against the same parties based on the same show-cause notice, particularly after an earlier order (imposing debarment India Law Library Docid # 2424335
(373) KUNCHAM LAVANYA AND OTHERS Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Motor Vehicles Act, 1988 — Claim Petitions — Standard of Proof — In motor accident claim proceedings, the standard of proof required to establish the involvement of a vehicle and negligence is based on the preponderance of probabilities, not proof beyond a reasonable doubt as required in criminal cases. India Law Library Docid # 2424336
(374) K. GOPI Vs. THE SUB-REGISTRAR AND OTHERS[SUPREME COURT OF INDIA] 07-04-2025 Registration Act, 1908 — Tamil Nadu Registration Rules — Rule 55A(i) — Validity — Ultra Vires — Rule 55A(i) of the Tamil Nadu Registration Rules, which empowers a registering officer to refuse registration of a document relating to immovable property unless the presentant produces the previous original title deed of the executant or other specified proof of the executant's right/title, is declared ultra vires the Registration Act, 1908 — The Rule imposes a condition for registration India Law Library Docid # 2424327
(375) BISWAJYOTI CHATTERJEE Vs. STATE OF WEST BENGAL AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce — Such knowledge precludes the necessary “misconception” and indicates a reasoned decision to engage in the relationsh India Law Library Docid # 2424328
(376) JASPAL SINGH KAURAL Vs. THE STATE OF NCT OF DELHI AND ANOTHER[SUPREME COURT OF INDIA] 07-04-2025 Penal Code, 1860 — Section 376 — Rape — Consent — False Promise of Marriage — For consent to sexual intercourse to be vitiated by a “misconception of fact” arising from a promise to marry, the promise must be false ab initio, made without any intention of being adhered to, and must have a direct nexus to the complainant’s decision Where the complainant was aware that the accused was married at the inception of the relationship, and the relationship was prolonged (spanning several years, even af India Law Library Docid # 2424329
(377) UNION TERRITORY OF JAMMU AND KASHMIR Vs. BRIJ BHUSHAN[SUPREME COURT OF INDIA] 07-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Insufficient Allegations — An FIR registered under the Prevention of Corruption Act and S. 120-B IPC concerning a decades-old land transaction was rightly quashed under S. 482 Cr.P.C. against the Managing Director of the beneficiary cooperative society where the allegations amounted merely to a “bland allegation of connivance” with state officials, without specifying his role in the alleged criminal conspiracy or corruption, India Law Library Docid # 2424330
(378) JAGDISH GOND Vs. THE STATE OF CHHATTISGARH AND OTHERS[SUPREME COURT OF INDIA] 07-04-2025 Penal Code, 1860 — Sections 498A & 306 — Cruelty & Abetment of Suicide — Allegations supporting charges under Sections 498A and 306 IPC must be specific and substantiated — Vague complaints about the deceased being lazy or sick, without evidence of physical violence or persistent harassment meeting the threshold of cruelty likely to drive suicide, are insufficient for conviction under these sections. India Law Library Docid # 2424331
(379) RAJIV GHOSH Vs. SATYA NARYAN JAISWAL[SUPREME COURT OF INDIA] 07-04-2025 West Bengal Premises Tenancy Act, 1997 — Section 2(g) — Inherited Tenancy — Limitation — The definition of "tenant" under S. 2(g) extends tenancy rights to specified heirs (including son/daughter) of a deceased tenant for a maximum period of five years from the date of the tenant's death (or the Act's commencement, whichever is later), provided they were ordinarily living with and dependent on the tenant and meet other conditions — This five-year limitation does not apply to the dependent spouse India Law Library Docid # 2424446
(380) SOUMEN PAUL AND OTHERS Vs. SHRABANI NAYEK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Service Law — Recruitment — Eligibility Qualification — Interpretation of Rules — West Bengal School Teachers Recruitment Rules, 2016, Rule 6(2) — Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016 (as amended on 22.12.2020), which requires candidates to possess the minimum educational and training qualification prescribed by the National Council for Teacher Education (NCTE) "prevailing as on date of publication of recruitment notification," primarily functions to incor India Law Library Docid # 2424245