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(521) COMMISSIONER OF SERVICE TAX MUMBAI Vs. M/S BHARAT PETROLEUM CORPORATION LTD. ETC.[SUPREME COURT OF INDIA] 20-07-2026
Sale of Goods Act, 1930 — Section 4 — Essentials of Sale — Held, a "sale" requires transfer of property/ownership in goods from seller to buyer for a price, distinguishable from a contract of agency where the recipient deals with goods as the principal's property and remains liable to account for the sale proceeds; the essence of
India Law Library Docid # 2447800

(522) PIYUSH SHYAMDASANI Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 20-07-2026
Penal Code, 1860 (IPC) — Sections 302, 364, 201, 203 and 120-B — Circumstantial evidence — Murder of wife by hired assailants — Conviction upheld — Prosecution established an unbroken chain of circumstances through call detail records, mobile tower locations, usage of fake SIM cards, CCTV footage and invoices proving purchase of the murder weapon, and recoveries under Section 27 of Evidence Act — Husband's highly unnatural conduct, including lodging a false abduction complaint, remaining unharme
India Law Library Docid # 2457614

(523) THE STATE OF WEST BENGAL Vs. KADER KHAN[SUPREME COURT OF INDIA] 17-07-2026
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Record of evidence in absence of accused — Scope and applicability — Exception to the rule that a witness must be examined in presence of the accused and to the principle under S. 33, Evidence Act — Being an exception, all prescribed conditions must be strictly complied with — Deposition recorded in absence of an absconding accused admissible against him upon arrest, if
India Law Library Docid # 2447723

(524) M/S TATA STEEL LTD Vs. VARSHA AND ANOTHER[SUPREME COURT OF INDIA] 17-07-2026
Insolvency and Bankruptcy Code, 2016 — Section 31 — 'Clean slate' doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities
India Law Library Docid # 2447724

(525) LATA Vs. UNION OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 17-07-2026
Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — 'No-fault' liability — Accidental falling of a passenger from a running train constitutes an "untoward incident" — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger's
India Law Library Docid # 2447725

(526) MANI @ SUBRAMANIYAM Vs. STATE REP BY THE DEPUTY SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 17-07-2026
Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between "obscene" and "abusive"/"vulgar" language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word "obscene" undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient in
India Law Library Docid # 2447722

(527) RAJASAB Vs. HULAGAPPA[SUPREME COURT OF INDIA] 17-07-2026
Negotiable Instruments Act, 1881 — Section 138 read with Section 87 — Dishonour of Cheque — Material Alteration — Patent alteration on face of cheque — Effect — Words "One Lak" interjected before "Ten Thousand only" and numerical "1" inserted in box before "10,000/-" — When material alteration of cheque is patently clear on its face, Courts below ought not to have insisted on any further evidence in that regard — Conviction based
India Law Library Docid # 2455252

(528) BISHEN PRASAD TIWARI Vs. SHEELA DEVI[SUPREME COURT OF INDIA] 17-07-2026
Civil Procedure Code, 1908 (CPC) — Order 22 Rules 3, 9 and 11 — Limitation Act, 1963 — Articles 120, 121 and Section 5 — Substitution of legal representatives and setting aside abatement — Scheme and timeline — Legal representatives can seek impleadment as of right within 90 days of death under Article 120 — Upon expiry of 90 days, abatement occurs and an application to set aside abatement showing sufficient cause must be filed within 60 days under Article 121 — Where delay exceeds 150 days from
India Law Library Docid # 2455989

(529) GURMAIL KAUR AND ORS. Vs. NATIONAL INSURANCE COMPANY LIMITED AND ORS.[SUPREME COURT OF INDIA] 16-07-2026
Motor Vehicles Act, 1988 — Contributory negligence — Pedestrian crossing highway — Deceased hit by a rashly driven truck while crossing the National Highway — High Court reversed the Tribunal's award and attributed 100% negligence to the deceased on the premise that he jumped over a diversion wall — Held, eyewitness evidence clearly established that the deceased merely stepped over a road divider and did not scale a diversion wall — Dividers are installed to regulate vehicular traffic, and cross
India Law Library Docid # 2453811

(530) NATIONAL LEGAL SERVICES AUTHORITY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 16-07-2026
Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art.
India Law Library Docid # 2447675

(531) BASAMMA AND ANOTHER Vs. GOPARAPPA AND OTHERS[SUPREME COURT OF INDIA] 16-07-2026
Constitution of India, 1950 — Article 226 — Writ of certiorari — Scope and limits of — Certiorari jurisdiction is supervisory, not appellate — High Court cannot review or reweigh evidence, or substitute its own findings for those of subordinate courts — Interference permissible only for errors of jurisdiction, patent illegality, or findings based on no evidence —
India Law Library Docid # 2447676

(532) M/S BAJAJ TRADING COMPANY Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 16-07-2026
Railways Act, 1989 — Section 93 vis-a-vis S. 97 — Non obstante clause — Effect of — Non obstante clause in S. 97 excludes general obligation of railway administration under S. 93 — Where goods booked at "owner's risk" rate, liability of Railways can be fastened only upon proof of negligence or misconduct on part of railway administration or its servants — General
India Law Library Docid # 2447677

(533) PRANESH M.K. Vs. A.V. GAYATHRI SHANTHEGOWDA AND OTHERS ETC. ETC.[SUPREME COURT OF INDIA] 16-07-2026
Constitution of India, 1950 — Articles 243-R, 171(3)(a) and Part IX-A — Nominated members of Municipalities/Town Panchayats — Voting rights — Art. 243-R read with the proviso to Section 352(1)(b), Karnataka Municipalities Act, 1964, bars nominated members from voting in meetings of the Municipality/Town Panchayat — Held, such nominated members cannot claim voting rights in elections to the Legislative Council either — Constitutional distinction between elected and nominated
India Law Library Docid # 2447726

(534) RAHUL S/o. RAMNARAYAN MADANKAR AND ANOTHER Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS[SUPREME COURT OF INDIA] 16-07-2026
Compassionate Appointment — Scheme for Compassionate Appointment in Public Sector General Insurance Companies, Cl. 1.1 — Age threshold of 55 years — Employer's delay in scrutiny — Effect — Employee applying for voluntary retirement on medical grounds before attaining 55 years, supported by Government medical certificate, sending reminders before crossing age threshold — Employer
India Law Library Docid # 2447678

(535) SANJAY SHARMA @ SANJAY BHARDWAJ Vs. KRISHNADHAN KHAWARE AND OTHERS[SUPREME COURT OF INDIA] 15-07-2026
Succession Act, 1925 — Sections 222 and 276 — Probate of Will — Limitation for application — Limitation Act, 1963 — Article 137 — Executor's application for probate of Will filed on 31-8-2005, testator having died about a decade before 7-6-1995 — Courts below rejected it under Or. 7 R. 11 CPC as barred by limitation, treating
India Law Library Docid # 2447641

(536) LAKSHMI Vs. GOPI AND OTHERS[SUPREME COURT OF INDIA] 15-07-2026
Civil Procedure Code, 1908 (CPC) — Section 96, Order 41 Rule 31 — First Appeal — Duty of Appellate Court — First appeal entitles re-hearing of whole case on facts and law; First Appellate Court is final court of fact — Judgment must show application of mind, with reasons, especially when reversing trial court findings; mere general agreement insufficient in case of reversal — High Court, in a two-paragraph order, set aside a reasoned decree merely by extracting trial court's reasoning and observ
India Law Library Docid # 2447642

(537) DEO PRASAD AND ANOTHER Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 15-07-2026
Criminal Trial — Delay in forwarding FIR to Magistrate — Effect — Mere delay in transmission of FIR to jurisdictional Magistrate is not, by itself, fatal to prosecution case, but where allegations of ante-timing/fabrication are supported by attendant circumstances generating genuine suspicion, such delay assumes substantive significance and must be assessed cumulatively
India Law Library Docid # 2447643

(538) MANASH KAMAL BEZBORUAH Vs. M/S BOKAHOLA TEA COMPANY PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 14-07-2026
Arbitration and Conciliation Act, 1996 — Sections 16, 5, 34 & 37 — Constitution of India, 1950 — Article 227 — Supervisory jurisdiction over orders of Arbitral Tribunal — Rejection by Tribunal of application under S. 16 (raised as Order 7 R. 11 r/w O. I R. 10(2) and S. 151 CPC application) seeking deletion of non-signatories from array of parties — Maintainability of revision petition under Art. 227 against such order — Held, remedy against rejection
India Law Library Docid # 2447582

(539) VENKATESHA AND ANOTHER Vs. K.M. VENKATAMUNIYAPPA (D) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 14-07-2026
Civil Procedure Code, 1908 (CPC) — Section 100 — Second appeal — Scope — First appellate court reversed reasoned findings of trial court based on conjectural comparison of boundaries and inference not founded on pleadings or evidence — High Court, instead of testing legality of reversal, independently re-appraised facts and introduced Section 43
India Law Library Docid # 2447583

(540) JASPAL SINGH Vs. ASHWANI KUMAR[SUPREME COURT OF INDIA] 14-07-2026
Specific Relief Act, 1963 — Section 23 — Earnest money/refund clause — Effect on availability of specific performance — Agreement to Sell providing that if Sale Deed could not be executed "due to certain reason", vendor would refund earnest money — High Court construed this as an option to walk away from the bargain, barring specific performance — Held, erroneous; clause records bare consequence of non-execution
India Law Library Docid # 2447584

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