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(381) CHARANJIT SINGH AND OTHERS Vs. THE UNION TERRITORY OF CHANDIGARH AND OTHER[SUPREME COURT OF INDIA] 12-02-2025
Allotment of Land to Co-operative House Buildings Societies Scheme, 1991 — Clause 6 – Substitution of members in a cooperative society can be valid under existing bye-laws even in the absence of a specific substitution policy at the time of substitution
India Law Library Docid # 2422807

(382) NILOFAR Vs. SARIKA ARORA AND OTHERS[SUPREME COURT OF INDIA] 12-02-2025
Motor Accident Claims — Future Prospects — In calculating compensation under the Motor Vehicles Act, 1988, future prospects must be added to the actual salary, and interest on the enhanced amount must be awarded from the date of filing the application.
India Law Library Docid # 2422809

(383) MANISHA MEENA Vs. THE STATE OF RAJASTHAN AND ANR. ETC[SUPREME COURT OF INDIA] 12-02-2025
Penal Code, 1860 (IPC) — Sections 376-D, 418, and 506 — Quashing of Criminal Proceedings — High Courts should not quash criminal proceedings at the threshold based on external evidence, but rather consider the prima facie case made out in the FIR, unless irreversible damage would be caused to the accused — The Supreme Court allowed an appeal against a High Court order quashing a criminal case, restoring the investigation against the main accused – The Court also upheld the quashing of proceeding
India Law Library Docid # 2422814

(384) AJIT KUMAR SINGH Vs. STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 12-02-2025
Negotiable Instruments Act, 1881 — Section 147 — A conviction under the Act, 1881, can be set aside if the accused deposits the fine amount and the complainant agrees to compound the offence, as it is a compoundable offence under Section 147 of the Act — The Supreme Court allowed an appeal, setting aside a conviction, as the appellant had deposited the fine amount and the complainant had no objection to compounding the offence.
India Law Library Docid # 2422815

(385) SIBA NIAL @ TRILOCHAN Vs. STATE OF ODISHA[SUPREME COURT OF INDIA] 11-02-2025
Criminal Trial — In a Criminal trial, the prosecution's case must withstand the test of proof beyond reasonable doubt; where material contradictions and inconsistencies exist in key witness testimonies and forensic evidence undermines the reliability of the prosecution's case, the accused's guilt cannot be established, and acquittal is warranted. (Sections 302 and 109, Penal Code, 1860).
India Law Library Docid # 2422481

(386) SHYAM PRASAD NAGALLA AND OTHERS Vs. THE ANDHRA PRADESH STATE BOARD TRANSPORT CORPORATION AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Motor Accident Claims — In motor accident compensation cases, the date of filing of the claim petition is the relevant date for determining the exchange rate for converting foreign earnings into Indian Rupees, and for individuals aged 43 years, a multiplier of 14 is to be applied for calculating future losses, irrespective of whether the deceased's income was earned in foreign currency.
India Law Library Docid # 2422395

(387) SEEMA RANI AND OTHERS Vs. THE ORIENTAL INSURANCE CO. LTD. AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Motor Accident Claims — Dependents in Motor Accident Claims — Major married and earning sons, as well as married daughters, of the deceased can be considered ‘dependents’ for compensation purposes, if they were ‘partially dependent’ on the deceased's earnings and ‘resided with them’, notwithstanding their marital or employment status.

National Insurance Company Limited v. Birender & Ors. (2020) 11 SCC 356, Relied and affirmed
India Law Library Docid # 2422396

(388) NUR AHAMAD ABDULSAB KANAVI Vs. ABDUL MUNAF AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Motor Accident Claims — Absence of contradictory evidence, a claimant's oral testimony regarding their income can be relied upon for determining compensation, as held in ‘Chandra vs. Mukesh Kumar Yadav, (2022) 1 SCC 198’; furthermore, the Supreme Court applied established precedents to calculate enhanced compensation for motor accident victims, considering factors like future prospects (40% of increased income), permanent disability, medical expenses, attendant charges, special diet, pain, and s
India Law Library Docid # 2422397

(389) SANJAY RAJPOOT Vs. RAM SINGH AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Motor Accident Claims — Accurate Assessment of Functional Disability is Crucial — In motor accident claims, the court must accurately assess the claimant's functional disability, considering the impact on their ability to perform daily tasks and earn a living.
India Law Library Docid # 2422398

(390) COMMISSIONER OF INCOME TAX EXEMPTIONS Vs. M/S INTERNATIONAL HEALTH CARE EDUCATION AND RESEARCH INSTITUTE[SUPREME COURT OF INDIA] 11-02-2025
Income Tax Act, 1961 — Section 12AA — Automatic right to exemptions — Trust must satisfy the Commissioner of genuine charitable objects and activities to obtain registration under Section 12AA, such registration does not confer an automatic right to exemptions under Sections 10 and 11 of the Act — The assessment officer retains the duty to independently verify and assess the trust's compliance with the criteria for
India Law Library Docid # 2422608

(391) VASANT @ GIRISH AKBARASAB SANAVALE AND ANOTHER Vs. STATE OF KARNATAKA[SUPREME COURT OF INDIA] 11-02-2025
Penal Code, 1860 (IPC) — Section 34 — Common Intention — Section 34 requires active participation and a shared common intention —or an accused to be convicted with the aid of Section 34, there must be evidence that the individual participated in the criminal act and shared a common intention with others involved —he individual must have done something, whether an act or omission, to indicate participation in the offense.
India Law Library Docid # 2422549

(392) MEHATAR Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 11-02-2025
Penal Code, 1860 (IPC) — Sections 147, 148, 452, Section 302 read with 149 — Murder — When a witness is found to be partly reliable and partly unreliable, a conviction cannot be maintained unless there is some corroboration to the testimony of such a witness
India Law Library Docid # 2422550

(393) ASHOKA GROUP Vs. HARIRAM BUDDHRAJA AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Partnership Act, 1932 — Section 69(2) — Unregistered Partnership Firm's Right to Sue — An unregistered partnership firm is barred from instituting a suit to enforce a right arising out of a contract with a third party, as per Section 69(2) of the Partnership Act, 1932.
India Law Library Docid # 2422651

(394) REJIA KHATUN @ REZIA KHATUN Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Foreigners (Tribunal) Order, 1964 — Foreigners Act, 1946 — Lack of Review Power — The court first clarifies that the Foreigners Tribunal does not possess an inherent power of review to revisit and overturn its own previously final judgments — The Tribunal's jurisdiction is confined to the adjudication of matters before it as per the statutory provisions, and there is no explicit provision allowing
India Law Library Docid # 2422750

(395) KOMAL KRISHAN ARORA AND OTHERS Vs. SANDEEP KUMAR @ SANDEEP CHUGH AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Habeas Corpus petition — Custody of minor Child — In custody disputes, the welfare of the child is paramount, and courts may direct parents to facilitate interactions between the child and both parents, even if it requires temporary relocation — The Supreme Court dealt with a habeas corpus petition regarding the custody of a minor child, directing the child's mother to bring the child to India for the child's welfare and to facilitate interaction with the father and sibling.
India Law Library Docid # 2422817

(396) MAHARASHTRA ELECTRICITY REGULATORY COMMISSION Vs. ANIL WADPALLIWAR[SUPREME COURT OF INDIA] 11-02-2025
Public Interest Litigation — Due process requires that respondents be given notice and an opportunity to respond before amendments are allowed in pending proceedings, especially when they substantially alter the case — The Supreme Court set aside High Court orders allowing amendments to a PIL petition without notice to the respondent, remanding the matter for reconsideration of the amendment application with proper notice.
India Law Library Docid # 2422818

(397) ALOK KUMAR JHA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Service Law — Appointment — Post of Gram Dak Sevak — In cases of competing claims to a single post, courts may, in exceptional circumstances, direct the creation of a supernumerary post to accommodate a more meritorious candidate, balancing justice and fairness — The Supreme Court modified a High Court order, upholding the appointment of the original applicant to a government post while directing the creation of a supernumerary post for the respondent, who was initially found to be more meritor
India Law Library Docid # 2422819

(398) THE ASIATIC OXYGEN AND ACETYLENE COMPANY LIMITED Vs. KEDARNATH YADAV AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Service Law — Reinstatement with back wage and consequential benefits — Courts may, in the interest of justice and to end prolonged litigation, direct lump sum settlements in labor disputes, taking into account the employer's financial capacity and the employees' current circumstances — The Supreme Court disposed of a long-pending labor dispute by directing the company to pay a lump sum to 13 former employees as full and final settlement, considering the company's financial position and the empl
India Law Library Docid # 2422820

(399) ASHOKA GROUP Vs. HARIRAM BUDDHRAJA AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Partnership Act, 1932 — Section 69(2) — A suit by an unregistered partnership firm can be withdrawn with leave, allowing the firm to file a fresh suit after registration, subject to the Limitation Act, based on the principle in Haldiram Bhujiawala (2000) 3 SCC 250 — The Supreme Court permitted a plaintiff to withdraw a suit with liberty to file a fresh suit after registration of the partnership firm, citing a previous Supreme Court decision that allows for such withdrawal under Section 69(2) .
India Law Library Docid # 2422823

(400) VIJAYALAXMI @ ROOPA V. SHENOY AND ANOTHER Vs. NATIONAL INSURANCE CO. LTD. AND OTHERS[SUPREME COURT OF INDIA] 11-02-2025
Motor Accident Claims — Income Tax Returns as Proof of Income — In the absence of contradictory evidence, Income Tax Returns should be accepted as proof of income for determining compensation in motor accident claims.
India Law Library Docid # 2422399