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(481) RAJENDRA ANANT VARIK Vs. GOVIND B. PRABHUGAONKAR[SUPREME COURT OF INDIA] 06-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Reversal of Acquittal by High Court — Failure to Consider a Valid Defence — Where a High Court, in an appeal against acquittal in a Section 138 NI Act prosecution, reverses the acquittal without adverting to a significant legal issue and valid defence (such as the applicability of a State-specific Money-Lenders Act which formed the basis of the acquittal by the First Appellate Court
India Law Library Docid # 2425401

(482) SAROJ SALKAN Vs. HUMA SINGH AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Code of Civil Procedure, 1908 — Order 12 Rule 6 — Power to Dismiss Suit — Scope and Discretion — The Court possesses wide discretion under Order XII Rule 6 CPC to pass a judgment at any stage of the suit, either on the application of a party or suo motu, based on admissions in pleadings or otherwise — This power is not confined to decreeing a claim but extends to the dismissal of the suit itself if admissions by the plaintiff, including in a rejoinder, warrant such dismissal.
India Law Library Docid # 2425402

(483) KUMARI REKHA Vs. SHAMBHU SARAN PASWAN[SUPREME COURT OF INDIA] 06-05-2025
Constitution of India — Article 142 — Power to Grant Divorce on Ground of Irretrievable Breakdown of Marriage — The Supreme Court, in exercise of its extraordinary powers under Article 142 of the Constitution, can dissolve a marriage on the ground of irretrievable breakdown, even if such a ground is not explicitly available under the Hindu Marriage Act, 1955, and even if one party vehemently opposes the dissolution — This power is exercised when the Court is satisfied,
India Law Library Docid # 2425403

(484) A. RAJA Vs. D. KUMAR[SUPREME COURT OF INDIA] 06-05-2025
Representation of the People Act, 1951 — Section 100(1)(a) & (d)(i) — Challenge to Caste Certificate in Election Petition — Scope of ‘Trial’ under State Caste Certificate Legislation — A duly issued Caste/Community Certificate, particularly one issued under a specific state legislation (like the Kerala (Schedule Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996) which provides a comprehensive mechanism for its issuance, verification, and cancellation, cannot be
India Law Library Docid # 2425404

(485) ARABIAN EXPORTS PRIVATE LIMITED Vs. NATIONAL INSURANCE COMPANY LTD[SUPREME COURT OF INDIA] 06-05-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6A) — Discharge Voucher — Economic Duress — Arbitrability of Dispute — The mere execution of a full and final settlement receipt or a discharge voucher by an insured in favour of an insurer does not automatically bar the insured from raising a dispute and seeking reference to arbitration, especially when the validity of such discharge is challenged on grounds of economic duress, coercion, or undue influence — At the stage of a Section
India Law Library Docid # 2425405

(486) CHHATTISGARH DENTAL COLLEGE AND RESEARCH INSTITUTE Vs. SHWETA KABRA AND OTHERS ETC.[SUPREME COURT OF INDIA] 06-05-2025
. Education Law — Fee Fixation — Power of Committee — Retrospective Application — Fee Fixation Committee constituted pursuant to Supreme Court directions — Fee structure determined at Rs. 1,25,000/- effective from academic year 2005-2006 — High Court directing refund of excess fee paid by students admitted prior to academic year 2005-2006 by applying the fixed
India Law Library Docid # 2425912

(487) ARAWALI POWER COMPANY Vs. SAT PARKASH (DEAD) THR LRS. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Land Acquisition Act, 1894 — Sections 23(1), 23(2), 23(1A), 28 & 34 — Land Acquisition — Compensation — Appropriation of payment — Deposit by judgment debtor into court specifying amounts under different heads (e.g., principal, interest, solatium) as per decree — Effect of acceptance by decree holder — Where decree specifies amounts under different heads and judgment debtor deposits specifically allocating amounts to those heads, acceptance by decrease-holder
India Law Library Docid # 2425829

(488) BEENA SRIVASTAVA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Supreme Court Rules, 2013 — Leave to Appeal — Granting of — Permission to pursue appeal against High Court order dismissing writ petition seeking direction to District Administration to consider representation for restoration of status quo ante granted. (Para 1)

B. Civil Procedure Code, 1908 — Suits — Inter Se Title Dispute — Resolution by Competent Jurisdictional Civil Court — Acknowledgment that inter se title over immovable
India Law Library Docid # 2425919

(489) MOHAMMED ASARUDEEN Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Unlawful Activities (Prevention) Act, 1967 — Section 44 — Protection of witnesses — Nature of provision — Sub-section (1) permits in camera proceedings for reasons recorded, with a non-obstante clause — Sub-section (2) allows measures for keeping identity and address of witnesses secret upon court’s satisfaction of danger to life, for reasons recorded — Unlike sub
India Law Library Docid # 2425920

(490) INDORE DEVELOPMENT AUTHORITY Vs. LAXMI GRIH NIRMAN SAHAKARI SANSTHA MARYADIT AND ANOTHER[SUPREME COURT OF INDIA] 06-05-2025
Development Scheme — Earmarking of land for Green Belt — Condition for release of land — Original owner of land agreed to its use as a green belt as per a Layout Plan in return for release of its land — Society subsequently claimed compensation for the land used as a green belt — Held, the Society sought to derive dual benefit — Financial compensation while also enjoying the benefits of the green belt like better ambiance and increased utility for its own adjoining lands — Claim for
India Law Library Docid # 2428556

(491) SHUBHKARAN SINGH Vs. ABHAYRAJ SINGH AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Civil Procedure Code, 1908 — Order 18 Rule 17 — Recall of witness — Scope and Ambit — The power vested in the Court under Or. 18 R. 17 is primarily for the Court itself to recall a witness suo motu or on application, to put questions for clarifying any ambiguity or doubt arising from the evidence already on record — It is not a provision intended to enable parties to fill up lacunae in their case, conduct further examination-in-chief or cross-examination, or place additional material/evidence wh
India Law Library Docid # 2425394

(492) POWERGRID COPORATION OF INDIA LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Electricity Act, 2003 — S. 178 — Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 — Regulation 53, Note 2 — Additional Capitalization — Replacement of Damaged Assets — Operation and Maintenance — Expenditure incurred on replacing damaged Inter-connecting Transformers (ICTs), which failed due to internal faults/fire shortly after commissioning, cannot be admitted as 'additional capitalization'
India Law Library Docid # 2425395

(493) THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED Vs. SMT. HONNAMMA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Motor Vehicles Act, 1988 — S. 147 — Liability — Tractor-Trailer Accident — Uninsured Trailer — Root Cause — Where an accident involving death occurs due to the overturning of a trailer being pulled by an insured tractor, the liability of the tractor’s insurer extends to cover the accident — The crucial factor is the root cause of the accident being the insured tractor’s action in pulling/driving/moving the trailer, leading to the mishap in an unbroken chain of events — Principles requiring separ
India Law Library Docid # 2425396

(494) ARYAN GOEL Vs. THE STATE OF PUNJAB[SUPREME COURT OF INDIA] 05-05-2025
Criminal Procedure – Special Leave Petition – Pre-Arrest Bail – Grant of interim protection made absolute where petitioner cooperated with investigation.
India Law Library Docid # 2425654

(495) VISHAL TIWARI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Constitution of India — Article 32 — Writ Petition — Prayers — Suo Motu Criminal Contempt — FIR — Advisory on Hate Speech — Petition sought initiation of suo motu criminal contempt against Respondent No. 4 for remarks against the Supreme Court and CJI; direction for FIR under Bharatiya Nyaya Sanhita, 2023; and direction for an advisory to curb hate/provocative speeches relating to the Waqf (Amendment) Act, 2025
India Law Library Docid # 2425501

(496) HARIRAJAN PILLAI Vs. SIYAD[SUPREME COURT OF INDIA] 05-05-2025
Commercial Courts Act, 2015 — Proviso to Order V Rule 1 and Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 (as amended by the Commercial Courts Act) — Time Limit for Filing Written Statement — Mandatory Nature — Forfeiture of Right Beyond 120 Days — Non-Applicability of Section 5, Limitation Act, 1963 — In a commercial suit, the statutory period of 120 days for filing a written statement is mandatory, and upon the lapse of this period, the defendant forfeits the right to file the
India Law Library Docid # 2425503

(497) CHITHRA AND ANOTHER Vs. SASIKUMAR AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Constitution of India — Article 227 — Supervisory Jurisdiction of High Court — Rejection of Plaint — Usurpation of Original Jurisdiction and Supplanting Statutory Remedy under CPC — The supervisory power of the High Court under Article 227 of the Constitution is to be exercised sparingly to ensure subordinate courts and tribunals act within their jurisdiction and not to usurp the original jurisdiction of the trial court or to supplant statutory remedies available under the Code of Civil Procedur
India Law Library Docid # 2425504

(498) SANTOSH DEVI Vs. SUNDER[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 17 — Effect of fraud — Code of Civil Procedure, 1908 — Order VII Rule 6 — Grounds of exemption from limitation law — Suit for cancellation of sale deed — To claim exemption from the ordinary period of limitation under Section 17 of the Limitation Act on the ground of fraud, the plaintiff must specifically plead and prove not only the fraud pertaining to the transaction itself but, crucially, that they were, by means of such fraud, kept from the knowledge of their r
India Law Library Docid # 2425397

(499) KALYANI TRANSCO Vs. M/S.BHUSHAN POWER AND STEEL LTD. AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Insolvency and Bankruptcy Code, 2016 – Section 62 – Appeal to Supreme Court – “Person Aggrieved” – Locus Standi – The phrase “any person aggrieved” in Section 62 indicates no rigid locus requirement for appealing an NCLAT order to the Supreme Court — Once CIRP is initiated, proceedings become in rem, making all creditors and other necessary stakeholders (including operational creditors and erstwhile promoters whose appeals were dismissed by NCLAT) potentially “persons aggrieved” entitled to file
India Law Library Docid # 2425313

(500) SHANMUGAM @ LAKSHMINARAYANAN Vs. HIGH COURT OF MADRAS[SUPREME COURT OF INDIA] 02-05-2025
Contempt of Courts Act, 1971 — Sections 2(c)(iii) & 12 — Criminal Contempt — Forgery and Fabrication of Court Orders — Interference with Administration of Justice — Creating fake interim orders of the High Court, purportedly staying execution of a decree, and producing such forged orders before the executing court (Court Amin) to prevent execution constitutes a gross act of criminal contempt under Section 2(c)(iii), being one of the most serious forms of interference with
India Law Library Docid # 2425314