(481) SOVARAN SINGH PRAJAPATI Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 04-02-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 311 and 313 — Penal Code, 1860 (IPC) — Sections 302 and 201 — Double Murder of (wife & daughter) and sentenced to death — Appeal against conviction and sentence —Appellant argues that the Trial was unfair, violating Article 21 and international law, due to inadequate representation and non-compliance with Cr.P.C — State contended that conviction and sentence justified based on evidence, with any irregularities being minor and India Law Library Docid # 2422581
(482) OMEGA ELEVATORS Vs. STATE OF M.P. AND ANOTHER[SUPREME COURT OF INDIA] 04-02-2025 Judicial Review of Public Tenders — Judicial review of public tender notices is limited to preventing arbitrariness, favouritism, or discriminatory practices — Courts will intervene only if the tender conditions are found to be per se arbitrary, ensuring that contractual powers of the Government are exercised fairly India Law Library Docid # 2422685
(483) LEELAWATI (DEAD) THR. LRS. Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 04-02-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction of High Courts —Effect of Dismissal on Interim Orders — Upon dismissal of a writ petition, any interim order automatically merges with the final order and loses its efficacy. India Law Library Docid # 2423600
(484) AKASHDEEP COLD STORAGE PVT LTD Vs. BANASKANTHA DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 03-02-2025 Arbitration and Conciliation Act, 1996 — The appellant's arbitration petition was dismissed in default, and a restoration application was also dismissed — The High Court noted that a notice issued to the appellant on September 15, 2023, was not served, yet the petition was dismissed for non-prosecution on November 10, 2023 — The High Court blamed the appellant for delays since October 2019, citing the failure to request an early hearing — The appellant India Law Library Docid # 2422311
(485) THE STATE OF JHARKHAND Vs. SUNNY KUMAR @ SUNNY KUMAR SAO[SUPREME COURT OF INDIA] 03-02-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 18 and 37 — Re-arrest for a similar offense — The State argued that the subsequent arrest justified overturning the bail, while the defense claimed the contraband quantity was intermediate, not commercial, and Section 37 of the NDPS Act didn't apply — The Supreme Court, considering the nature of the offense and the re-arrest, set aside the High Court's order, revoked bail, and ordered the accused into custody — The trial was directe India Law Library Docid # 2422380
(486) CHARAN SINGH Vs. RAM SAROOP[SUPREME COURT OF INDIA] 03-02-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal from original decree —Appellant filed a suit, and the respondent filed a counterclaim — The trial court dismissed the suit and allowed the counterclaim — The appellant filed a single composite appeal instead of two separate appeals, leading the first appellate court and High Court to dismiss it on technical grounds — The Supreme Court ruled that the courts should have allowed the appellant to correct the procedural error, as technicalities s India Law Library Docid # 2422382
(487) COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, RAJKOT Vs. M/S. RELIANCE INDUSTRIES LTD.[SUPREME COURT OF INDIA] 03-02-2025 Central Excise Act, 1944 — Section 3(1) — Central Goods and Services Tax Act, 2017 — Section 174 — The Commissioner of Central Excise & Service Tax, Rajkot, appealed a CESTAT order dismissing the Revenue's appeal regarding whether goods manufactured and exported by Reliance Jamnagar SEZ (July 1–19, 2022) were subject to Special Additional Excise Duty (SAED) and Additional Duty of Excise (AED) — The Revenue argued the duties applied, while Reliance claimed exemption as an SEZ unit — CESTAT ruled India Law Library Docid # 2422386
(488) MAHENDRA DEV Vs. RADHE SHYAM PANDEY[SUPREME COURT OF INDIA] 03-02-2025 Contempt Proceedings — Contempt Proceedings should be paused when an appeal against the order in question is pending, especially when a stay of that order has been requested, as this prevents the remedy of appeal from being undermined — The court emphasizes that while filing an appeal does not automatically mean the original order can be ignored, changes made in compliance with an order being appealed can cause prejudice — The court also highlights that it is not appropriate to demand compliance India Law Library Docid # 2422294
(489) GODREJ PROJECTS DEVELOPMENT LIMITED Vs. ANIL KARLEKAR AND OTHERS[SUPREME COURT OF INDIA] 03-02-2025 Contract Act, 1872 — Section 74 — Forfeiture of Earnest Money — The court upheld the principle that forfeiture of earnest money is permissible under contract law, provided the terms of the contract are clear and explicit — However, the forfeiture must be reasonable and not unconscionable or one-sided — The court found that the forfeiture of 20% of the Basic Sale Price (BSP) as per the agreement was unreasonable and disproportionate, especially in light of the one-sided nature of the contract, wh India Law Library Docid # 2422256
(490) GULSHAN KUMAR Vs. INSTITUTE OF BANKING PERSONNEL SELECTION AND OTHERS[SUPREME COURT OF INDIA] 03-02-2025 Rights of Persons with Disabilities (RPWD) Act, 2016 — Benefits and Facilities — The Supreme Court in a Public Interest filed by a person with a disability, ruled that all benefits and facilities previously restricted to persons with benchmark disabilities (PwBD) must now be extended to all persons with disabilities (PwD) — The Court directed the Ministry of Social Justice and Empowerment (Respondent No.5) to revise its guidelines, issued on 10.08.2022, to remove restrictions and ensure that all India Law Library Docid # 2422257
(491) JAI RAM Vs. SOM PRAKASH AND ANOTHER[SUPREME COURT OF INDIA] 03-02-2025 Succession Act, 1925, Section 263 — ‘S’s property was disputed between appellant and respondent — The District Court revoked respondent’s Letters of Administration, but the High Court overturned this, citing limitation —Can the High Court consider limitation as a ground for overturning the District Court's decision if not initially objected to? — Appellant High Court erred in considering limitation, as it wasn't initially objected to, and no evidence was presented —Respondent states that Limitat India Law Library Docid # 2422586
(492) TANYA SHARMA Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 31-01-2025 Bharatiya Nyaya Sanhita, 2023 — Sections 64 and 61(2) — Appellant appealed to the Supreme Court against a High Court order denying her anticipatory bail in a case involving offenses under Sections 64 and 61(2) — She argued the charges were frivolous, noting she is a journalism student and the main accused is already in jail — The state sought her custodial interrogation, citing sexual assault allegations — The Supreme Court granted her anticipatory bail, setting aside the High Court's order — Sh India Law Library Docid # 2422384
(493) APRUVA KIRTI MEHTA Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 31-01-2025 Criminal Procedure Code, 1973 (CrPC) — Section 438 — Bail — Courts exercising jurisdiction to grant bail/pre-arrest bail, should not act as recovery agents for realizing dues of the complainant from the accused; thus, directing payment of a significant sum as a condition for bail grant is impermissible, and the court must instead assess the bail application based on settled parameters, such as the likelihood of the accused absconding, tampering with evidence, or threatening witnesses, rather tha India Law Library Docid # 2422483
(494) SREEPRAKASH A.P. AND ANOTHER Vs. STATE BANK OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 31-01-2025 Loan Dispute — Petitioners challenged a Kerala High Court order, which had overturned a single judge's decision favoring them in a loan dispute with the State Bank of India — The petitioners had entered a settlement in 2020 but defaulted after partial payment — The bank demanded full repayment, while the petitioners offered to pay interest and settle the liability — The High Court had directed the Debts Recovery Tribunal (DRT) to resolve the matter — The Supreme Court noted the release of proper India Law Library Docid # 2422388
(495) KUMARI SAHU Vs. BHUBANANANDA SAHU AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 225 days — The appellant, a homemaker, filed a civil suit seeking declarations as the legally married wife of the late 'R' and regarding the legitimacy of the respondents as his children — The suit and her first appeal were dismissed — She filed a second appeal with a 225-day delay, which the High Court of Orissa dismissed based on the delay — The appellant argued that the delay was due to her counsel's negligence and that she, b India Law Library Docid # 2422295
(496) M/S. C & C CONSTRUCTIONS LTD. Vs. IRCON INTERNATIONAL LTD.[SUPREME COURT OF INDIA] 31-01-2025 Arbitration and Conciliation Act, 1996 — Section 37 — Contractual clauses — Enforceability of Clause 49.5 of the General Conditions of Contract (GCC) — The Court upheld the validity and enforceability of Clause 49.5 of the GCC, which states that in the event of any failure or delay by the employer (respondent) in fulfilling its obligations under the contract, the contractor (appellant) is not entitled to claim damages or compensation — Instead, the contractor is only entitled to an extension of India Law Library Docid # 2422149
(497) KULDEEP SINGH Vs. THE STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025 Penal Code, 1860 (IPC) — Sections 375 Exception 2 and 376 — Marital Exception to Rape — The court reaffirmed the principle that sexual intercourse between a husband and wife cannot be considered rape under Exception 2 to Section 375 of the IPC, provided the wife is above the age of 18 — This reinforces the existing legal position that marital rape is not recognized as a crime under Indian law, except in cases where the wife is a minor India Law Library Docid # 2422150
(498) RAKESH KUMAR CHARMAKAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 31-01-2025 M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979 — Legal Right to Regular Pay Scale — The court established that employees who fulfill the conditions stipulated in government circulars and rules have a legal right to claim regular pay scales — The appellants, having completed more than ten years of service and having been appointed against sanctioned posts, were held to have a legal right to regular pay scales under the 1979 Rules and the Circ India Law Library Docid # 2422151
(499) SAU. JIYA Vs. KULDEEP[SUPREME COURT OF INDIA] 31-01-2025 Hindu Marriage Act, 1956 — Sections 12 and 13 — Family Courts Act, 1984 — Sections 6 and 9 — Irretrievable breakdown of marriage — Where the parties have agreed to a divorce but are in dispute over maintenance or permanent alimony, the court must determine the quantum of maintenance based on a balanced consideration of various factors, including the financial status of both parties, the standard of living during the marriage, and the reasonable needs of the dependent spouse — The court should ai India Law Library Docid # 2422152
(500) KARAN SINGH Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 31-01-2025 Penal Code, 1860 (IPC) — Section 304-B — Dowry Death — Essential Ingredients of Section 304-B — The prosecution must prove the following essential ingredients to establish a case of dowry death under Section 304-B of the Indian Penal Code (IPC) India Law Library Docid # 2422153