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(461) SUREPALLY SRINIVAS Vs. THE STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA)[SUPREME COURT OF INDIA] 25-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 52A — Standing Order No. 1/89 — Procedural Safeguards — Substantial Compliance — The procedures detailed in Section 52A of the NDPS Act and Standing Order No. 1/89, governing the sampling, sealing, storage, and timely production of seized contraband, are crucial procedural safeguards — They serve the broader purpose of ensuring fair procedure and strengthening the evidentiary framework against
India Law Library Docid # 2424054

(462) DHANSAI SATNAMI Vs. THE STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 25-03-2025
Penal Code, 1860 — Section 370(3) — Human Trafficking — Evidence — Victim Testimony — Reliability — The conviction for trafficking and exploiting labourers under Section 370(3) IPC can be reliably based on the consistent and trustworthy testimonies of the victims detailing the inducement, deceit, and exploitation, even in
India Law Library Docid # 2424528

(463) G. SANKARABUSHANAM AND OTHERS Vs. E. DHAVAMANI AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Civil Procedure Code, 1908 — Order VII Rule 11(d) — Rejection of Plaint — Scope — Averments in Plaint Only — For deciding an application under Order VII Rule 11, the court must confine itself to the averments made in the plaint and cannot consider the defence raised by the defendant, including pleas like res judicata based on previous litigations
India Law Library Docid # 2424547

(464) SHAJI V.P. AND OTHERS Vs. K.T. UNNIKRISHNAN AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Civil Procedure — Compromise — Recording by Supreme Court — Disposal of SLP — The Supreme Court can record a compromise agreement entered into between parties during the pendency of a Special Leave Petition and dispose of the petition in terms of the settlement, making the agreement a part of the Court’s order
India Law Library Docid # 2424536

(465) LUCKY KUMAR (SINCE DECEASED) REPRESENTED THROUGH LEGAL HEIRS Vs. MAJINDER SINGH AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Rent Control — East Punjab Urban Rent Restriction Act, 1949 — S. 13-B — NRI Landlord’s Right — Scope of “One Building” — An NRI landlord’s right under Section 13—B to seek summary eviction from “one residential building or one scheduled building” is not restricted on a per—tenancy basis; multiple applications for eviction against different tenants occupying separate portions within the same
India Law Library Docid # 2424541

(466) ASHAPURA VIKAS SAMITI AND ANOTHER Vs. THE STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Civil Procedure — Writ Petition — Natural Justice — Audi Alteram Partem — A judgment rendered in a writ petition determining ownership and possession of land is unsustainable if parties claiming substantial rights and interests in the same land, who would be adversely affected by the decision, were not impleaded or heard
India Law Library Docid # 2424543

(467) A. SYED SULTHAN Vs. MOHAMMAD RAFIQ[SUPREME COURT OF INDIA] 25-03-2025
Contempt of Court — Civil Contempt — Violation of Supreme Court Order — Failure to Handover Vacant Possession — Respondent directed by Supreme Court order (dated 02.04.2024 in C.A. No. 4646/2024) to handover vacant possession of premises to petitioner by 31.05.2024 and continue paying occupation charges — Respondent paid charges till May but failed to handover possession by the stipulated date — Possession was eventually delivered only on 04.11.2024 through execution proceedings via Court bail
India Law Library Docid # 2424605

(468) ASHISH KAKKAR Vs. UT OF CHANDIGARH[SUPREME COURT OF INDIA] 25-03-2025
Criminal Procedure Code, 1973 — S. 50 — Arrest — Furnishing Grounds of Arrest — Arrest Memo vs. Grounds of Arrest — Requirement under S. 50 CrPC to communicate the particulars of the offence or other grounds for arrest to the person arrested — Providing merely an arrest memo in a prescribed format, filled with basic details like name, place of arrest, and a generic statement like "arrested based upon the statement of the co-accused", without other worthwhile particulars, does not
India Law Library Docid # 2424650

(469) N.P. SASEENDRAN Vs. N.P. PONNAMMA AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025
Gift vs. Settlement vs. Will — A document conveying property with consideration (love and affection), imposing conditions, and reserving a life interest is a Gift by Settlement
India Law Library Docid # 2423826

(470) FIROZ KHAN AKBARKHAN Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 24-03-2025
Evidence Act, 1872 — Section 151 — Minor Discrepancies in Witness Statements — Minor and immaterial inconsistencies in witness statements do not harm the prosecution's case, especially when explained by the circumstances of the case
India Law Library Docid # 2423827

(471) JOTHIRAGAWAN Vs. STATE REP. BY THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 24-03-2025
Penal Code, 1860 (IPC) — Sections 90 and 376 — Consent in Rape Cases — Consent obtained through false promise of marriage is not valid consent, but in this case, no such promise was made before the alleged crime, and the relationship was consensual
India Law Library Docid # 2423828

(472) STATE OF UTTAR PRADESH Vs. DR. RITU GARG AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 161 and 439 — Directions for CBI Investigation in Bail Applications — High Courts cannot issue directions for CBI investigation in bail applications, as it exceeds their jurisdiction under Section 439 of the CrPC
India Law Library Docid # 2423829

(473) YERIKALA SUNKALAMMA AND ANOTHER Vs. STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025
Bhartiya Sakshya Adhiniyam, 2023 — Section 113 — Andhra Pradesh (Record of Rights in Land and Pattadar Pass Books) Act, 1971 — Possession is prima facie proof of ownership, and the burden of proving otherwise lies on the party denying it, including the government — This appeal arises from a High Court judgment that reversed a Trial Court decree in favor of the appellants, who sought a declaration of title and recovery of possession of land they were dispossessed from by the State of Andhra Prade
India Law Library Docid # 2423830

(474) AMIT KUMAR AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 154 — Registration of FIR — Mandatory under Section 154 of the CrPC if information discloses commission of a cognizable offense; no preliminary inquiry permissible in such cases
India Law Library Docid # 2423831

(475) A. JOHN KENNEDY ETC. Vs. STATE OF TAMIL NADU AND OTHERS ETC.[SUPREME COURT OF INDIA] 24-03-2025
Environmental Law — Forest Conservation — Importance of Forests and Biodiversity — Forests are vital components of the ecosystem, acting as its lungs, crucial for mitigating climate change, regulating carbon emissions, conserving soil, managing the water cycle, and controlling pollution — Their protection and restoration are paramount for environmental sustainability and the well-being of all life forms, including tackling issues of inequality aggravated by environmental degradation — An ecocent
India Law Library Docid # 2424253

(476) NITIN PRABHAKAR BHAGAWAT Vs. KESHAV MANSING SALUNKHE[SUPREME COURT OF INDIA] 24-03-2025
Specific Performance — Readiness and Willingness — Failure to Pay Balance Consideration — In a suit for specific performance, the plaintiff’s failure to pay the balance sale consideration within the stipulated four—month period (the longer period provided in the agreement) demonstrates a lack of readiness and willingness, disentitling him to the discretionary relief
India Law Library Docid # 2424549

(477) SAROJ PORWAR (DEAD) THROUGH LRS. Vs. JUGAL KISHORE AND ANOTHER[SUPREME COURT OF INDIA] 24-03-2025
U.P. Urban Buildings Act, 1972 — S. 21(1)(a) — Bona Fide Need — Evolution of Need — Subsequent Events — The landlord’s bona fide need under S. 21(1)(a) is not static and can be sustained even if the original family member for whom the need was pleaded is no longer available (due to death), provided another family member demonstrates a genuine and subsisting need for the premises arising subsequently
India Law Library Docid # 2424535

(478) HDFC BANK Vs. KENWOOD MARKETING INC. AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — S. 13(2) — Demand Notice — Requirement of Break-up — High Court affirmed DRAT order holding S. 13(2) notice invalid for lacking specific break-up of the amount due — Supreme Court, referring to its prima facie view expressed in an earlier interim order (dated 03.03.2025) and the decision in Arce Polymers (P) Ltd. v. Alphine Pharmaceuticals (P) Ltd. & Ors, (2022) 2 SCC 221, opined
India Law Library Docid # 2424654

(479) SRI HARBILAS GOYAL CHARITABLE TRUST Vs. SANJAY KUMAR MITTAL AND OTHERS[SUPREME COURT OF INDIA] 24-03-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 & Order 23 Rule 3A — Rejection of Plaint — Bar of Suit to Set Aside Compromise Decree — Remand by High Court — Where a prior suit concerning donated land was settled by a compromise decree specifying its usage, and plaintiffs filed a subsequent suit alleging breach (transfer to third parties) and seeking injunction, the defendant-Trust filed an application under O. 7 R11 CPC invoking the bar under O. 23 R3A CPC — Trial Court allowed the
India Law Library Docid # 2424648

(480) INDER SINGH Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 21-03-2025
Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State, if “sufficient cause” is shown and substantial justice is served, balancing between adherence to limitation and the pursuit of meritorious claims —Supreme Court upholds the condonation of a 1537-day delay in the State's second appeal, emphasizing a liberal approach when substantial justice is at stake, particularly in cases invol
India Law Library Docid # 2423720