(381) A RAJENDRA Vs. GONUGUNTA MADHUSUDHAN RAO AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation Act, 1963 — Section 12 — Appeal to NCLAT — Limitation Period — Commencement and Calculation — The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone India Law Library Docid # 2424246
(382) KOUSIK DAS AND OTHERS Vs. STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Education Law — Teacher Qualification — Diploma in Elementary Education (D. El. Ed.) — NIOS 18-Month ODL Programme — Purpose and Scope — The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 — This p India Law Library Docid # 2424247
(383) SANGITA SINHA Vs. BHAWANA BHARDWAJ AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Effect of Accepting Refund — A buyer's continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance consideration sent by the seller along with a cancellation notice, especially when such encashment occurs during the p India Law Library Docid # 2424248
(384) JOGESWAR SAHOO AND OTHERS Vs. THE DISTRICT JUDGE, CUTTACK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Service Law — Recovery of Excess Payment — Retired Employees — Non-Fault Based Payment — Recovery of excess payments made years prior to non-gazetted employees (Stenographers) due to the employer's erroneous interpretation of rules or recommendations (Shetty Commission), without any misrepresentation or fraud attributable to the employees, is impermissible after their superannuation. India Law Library Docid # 2424249
(385) MURUGAN Vs. THE STATE REP. BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 04-04-2025 Criminal Law — Circumstantial Evidence — Chain of Evidence — Benefit of Doubt — In cases resting solely on circumstantial evidence, the prosecution must establish a complete chain of circumstances that unerringly points only towards the guilt of the accused, leaving no room for any other hypothesis consistent with innocence — Any missing link or reasonable doubt arising at any stage necessitates acquittal, as strong suspicion cannot substitute for proof beyond a reasonable doubt. India Law Library Docid # 2424250
(386) B.S YEDDIYURAPPA Vs. A ALAM PASHA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Prevention of Corruption Act, 1988 — Section 17A — Prior Approval for Investigation — Relevant Considerations — The scope of considerations for the appropriate authority or government when evaluating a request for prior approval under Section 17A for initiating any enquiry, inquiry, or investigation against a public servant falls for determination India Law Library Docid # 2424550
(387) SARJUPRASAD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Arbitration and Conciliation Act, 1996 — Section 37 — Setting Aside Award — Patent Illegality — Procedural Breach — An appellate court under Section 37 is justified in setting aside an arbitral award's enhancement (originally confirmed under Section 34) on grounds of patent illegality, where the arbitrator relied on crucial evidence (sale deeds) brought on record by one party after the formal closure of arbitral proceedings, thereby denying the other party an opportunity to respond India Law Library Docid # 2424551
(388) SARJUPRASAD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Patent Illegality — Procedural Fairness — Opportunity to Contest Evidence — An arbitral award based on documents (sale deeds) introduced after the formal closure of proceedings, without providing the opposing party an opportunity to contest their relevance or veracity, is vulnerable to challenge under Section 34 on grounds potentially amounting to patent India Law Library Docid # 2424533
(389) PR. COMMISSIONER OF INCOME TAX-1, CHANDIGARH Vs. M/S. V-CON INTEGRATED SOLUTIONS PVT. LTD[SUPREME COURT OF INDIA] 04-04-2025 Income Tax Act, 1961 — Section 263 — Revisionary Jurisdiction — Scope — Lack of Inquiry vs. Erroneous Conclusion — A clear distinction exists between (i) failure or absence of investigation by the Assessing Officer (AO), and (ii) a wrong decision or conclusion reached by the AO after conducting inquiries — Where the AO conducts inquiries but accepts the assessee’s stand without making additions, it India Law Library Docid # 2424803
(390) UCO BANK AND ANOTHER Vs. VIJAY KUMAR HANDA[SUPREME COURT OF INDIA] 03-04-2025 Service Law — Disciplinary Proceedings — Pension — Bipartite Settlement (Banking Industry) — UCO Bank (Employees’) Pension Regulations, 1995, Regulation 22 — Interpretation and Harmonious Construction — Where an employee is subjected to the penalty of "removal from service with superannuation benefits" under Clause 6(b) of the Bipartite Settlement, such employee, if otherwise eligible for pension under the applicable regulations, is entitled to receive pensionary benefits — This interpretation h India Law Library Docid # 2424239
(391) RAM KISHAN (SINCE DECEASED) THROUGH HIS LRS ETC. Vs. STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 03-04-2025 Land Acquisition Act, 1894 — Section 23 — Market Value Determination — Principle of De-escalation from Subsequent Comparable Award — Where lands acquired under a later notification are proximate, adjoining, and possess similar characteristics and potentiality to lands acquired under an earlier notification for a comparable public purpose (like development of integrated sectors), the compensation determined for the later acquisition can serve as a relevant base value — An appropriate percentage r India Law Library Docid # 2424240
(392) NEW MANGALORE PORT TRUST AND ANOTHER Vs. CLIFFORD D SOUZA ETC.ETC.[SUPREME COURT OF INDIA] 03-04-2025 Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act) — Section 7 — Limitation Act, 1963 — Applicability — Section 18 (Acknowledgment) — Arrears of Licence Fee/Rent — The Limitation Act, 1963, applies to proceedings for recovery of arrears of rent/licence fee initiated under Section 7 of the PP Act — Consequently, all provisions of the Limitation Act, including Section 18 regarding the effect of acknowledgment in writing, are applicable to such proceedings — The period of limit India Law Library Docid # 2424241
(393) M/S R. K. TRANSPORT COMPANY Vs. M/S BHARAT ALUMINUM COMPANY LTD. (BALCO)[SUPREME COURT OF INDIA] 03-04-2025 Arbitration and Conciliation Act, 1996 — Section 34(3) — Limitation Act, 1963 — Sections 4 & 12(1) — Calculation of Limitation Period — Exclusion of Date of Receipt & Court Holiday — For calculating the three-month limitation period under Section 34(3) of the ACA, Section 12(1) of the Limitation Act applies, requiring the exclusion of the date on which the party received the arbitral award — Consequently, the period commences from the following day — If the three-month period, so calculated, exp India Law Library Docid # 2424242
(394) G.C. MANJUNATH AND OTHERS Vs. SEETARAM[SUPREME COURT OF INDIA] 03-04-2025 Criminal Procedure Code, 1973 — Section 197 — Karnataka Police Act, 1963 — Section 170 — Sanction for Prosecution — Police Officers — Acts under colour of or in excess of duty — Necessity of Sanction — Prosecution against police officers for offences alleged to have been committed while acting or purporting to act in the discharge of official duty, or under colour of or in excess of such duty or authority, cannot be entertained without the previous sanction of the appropriate Government — This p India Law Library Docid # 2424243
(395) STATE OF WEST BENGAL Vs. BAISHAKHI BHATTACHARYYA (CHATTERJEE) AND OTHERS[SUPREME COURT OF INDIA] 03-04-2025 Service Law — Recruitment — Cancellation of Entire Selection Process — Systemic Fraud and Irregularities — Segregation of Tainted/Untainted Candidates — When a selection process is deeply marred by systemic fraud, large-scale manipulations (such as OMR sheet tampering, rank jumping, illegal appointments beyond panel validity and vacancies, destruction of primary evidence like OMR sheets), and attempted cover-up, undermining its integrity and public confidence, the cancellation of the entire proc India Law Library Docid # 2424244
(396) KASHMIRI LAL SHARMA Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. AND ANOTHER[SUPREME COURT OF INDIA] 03-04-2025 Service Law — Retirement Age — Persons with Disabilities — Discrimination — Constitution of India, Art. 14 — Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 — Rights of Persons with Disabilities Act, 2016 — Office Memorandum (OM) extending retirement age from 58 to 60 years only for visually impaired employees, while excluding employees with other benchmark disabilities specified under the PwD Acts (like locomotor disability), India Law Library Docid # 2424656
(397) ARIF MASOOD Vs. DHRUV NARAYAN SINGH[SUPREME COURT OF INDIA] 03-04-2025 Election Petition — Transfer between High Courts — Consent of Parties — Election petition pending before the High Court of Madhya Pradesh transferred to the High Court of Delhi based on the consent fairly stated by learned senior counsel for both parties. India Law Library Docid # 2424647
(398) MAUKAM SINGH AND OTHERS Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 02-04-2025 Penal Code, 1860 — Sections 302, 323, 324 read with Section 34 — Murder, Voluntarily causing hurt — Appeal against concurrent conviction — Assessment of evidence — Dispute over land leading to accused, armed with deadly weapons (axe, cutting weapon), trespassing into the deceased's house — Scuffle ensuing, resulting in fatal head injury to the deceased (grandfather) and injuries to three grandchildren (PW1-3) — Deceased succumbing to injuries after 25 days — Appellants convicted by Trial Court a India Law Library Docid # 2424193
(399) SMT. UMA DEVI AND OTHERS Vs. SRI. ANAND KUMAR AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(a) & (d) — Rejection of Plaint — Cause of Action — Barred by Law (Limitation) — Application for rejection of plaint in a suit for partition — Suit filed in 2023 claiming partition of ancestral property — Defendants contended prior oral partition/family settlement in 1968, evidenced by revenue record mutations, and subsequent registered sale deeds by family members (including plaintiffs' predecessors) starting 1978 — Averments in the plaint must be rea India Law Library Docid # 2424194
(400) VINAY AGGARWAL Vs. THE STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 02-04-2025 Criminal Procedure Code, 1908 — Section 482 — Investigation — Transfer to Central Bureau of Investigation (CBI) — Exercise of Power by High Court — Power of Courts (High Courts) to transfer investigation to CBI is an extraordinary power, derived from constitutional provisions, not limited by the Delhi Special Police Establishment Act, 1946 — Such power must be exercised sparingly, cautiously, and only in exceptional circumstances — Transfer should not be ordered routinely or merely because a par India Law Library Docid # 2424195