ive
User not Logged..
Latest Cases

(521) H. ANJANAPPA AND OTHERS Vs. A. PRABHAKAR AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Transfer of Property Act, 1882 — Section 52 — Leave to Appeal for Non-Parties — A person who is not a party to a decree or order may, with the leave of the court, file an appeal if they are bound by the decree, aggrieved by it, or otherwise prejudicially affected — The rejection of an impleadment application does not automatically disqualify a party from seeking leave to appeal
India Law Library Docid # 2422090

(522) S. VISHNU GANGA AND OTHERS Vs. M/S ORIENTAL INSURANCE COMPANY LIMITED REP. BY ITS DIVISIONAL MANAGER AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Motor Accident Claims — Income Determination — The court clarified that Income Tax Returns are reliable evidence to assess the income of a deceased person.
India Law Library Docid # 2422091

(523) KRISHNADATT AWASTHY Vs. STATE OF M.P AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Selection of Shiksha Karmis (school teachers) — Strict Adherence to Audi Alteram Partem — The court established that a decision made without providing the affected parties a fair opportunity to be heard is invalid — The court held that the initial decision by the Collector to set aside the appointments was flawed because it was made without giving the selected candidates a notice or an opportunity to present their case, which is a violation of natural justice —
India Law Library Docid # 2422092

(524) VINOBHAI Vs. STATE OF KERALA[SUPREME COURT OF INDIA] 29-01-2025
Penal Code, 1860 — Section 302 — Murder — Evidence Act, 1872 — Section 27 — Acquittal — Conviction of the appellant for murder was overturned due to unreliable eyewitness testimony — The Supreme Court determined that the evidence presented by the prosecution, particularly the testimony of two eyewitnesses was not credible enough to prove the appellant's guilt beyond a reasonable doubt
India Law Library Docid # 2422058

(525) INDEPENDENT SUGAR CORPORATION LTD. Vs. GIRISH SRIRAM JUNEJA AND OTHERS [SUPREME COURT OF INDIA] 29-01-2025
Insolvency and Bankruptcy Code, 2016 — Section 31(4) — Mandatory Prior Approval — The central holding of the court is that the proviso to Section 31(4) of the IBC mandates that CCI approval for a combination must be obtained prior to the approval of a resolution plan by the Committee of Creditors (CoC) — The court interprets the word "prior" literally, meaning the CCI approval must precede the CoC's approval — This is a key point of departure from the NCLAT's
India Law Library Docid # 2422136

(526) DR. TANVI BEHL Vs. SHREY GOEL AND OTHERS [SUPREME COURT OF INDIA] 29-01-2025
Education Law — Residence-based reservations in PG Medical courses — Invalidity of Residence-Based Reservation — The court explicitly states that providing for domicile or residence-based reservation in PG Medical Courses is unconstitutional and cannot be done.
India Law Library Docid # 2422137

(527) AJAI KUMAR CHAUHAN Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 29-01-2025
Penal Code, 1860 (IPC) — Sections 300, 302 and 304 — Murder — Sudden provocation — Alteration of Conviction from Section 302 to 301 Part I Exception 4 of Section 300 — The Court finds that while there is evidence of an altercation, the prosecution has failed to prove premeditation, and the incident likely occurred in the heat of passion due to sudden provocation, warranting the lesser charge — Considering the appellant has already served over ten years in prison, including remission, the
India Law Library Docid # 2422258

(528) K. GOPALAKRISHNA PILLAI Vs. SHEEJA AND ANOTHER[SUPREME COURT OF INDIA] 29-01-2025
Agreement to Sell — The petitioner entered a 1993 sale agreement with respondent no.1, paying Rs.2.90 lakh as earnest money. Before execution, respondent no.1 sold the property to respondent no.2 — The petitioner sued for specific performance, which the trial court granted but the High Court reversed, citing lack of evidence on earnest money payment and the petitioner's financial capacity — The Supreme Court disagreed with the High Court's reasoning and granted the parties three weeks to negotia
India Law Library Docid # 2422319

(529) SANTOSH KUMARI Vs. ADDITIONAL COMMISSIONER CHITRAKOOT DHAM DIVISION BANDA AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
If authorities initially treat land issuance as irregular, not void ab initio, a five-year limitation applies for reopening the case

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 198(4) —The appellant, issued a patta in 1991, faced cancellation in 2000 under Section 198(4) — The cancellation was upheld by authorities — The appellant argued the show cause notice was issued after the 5-year limitation period under Section 198(6)(b), rendering t
India Law Library Docid # 2422320

(530) THE MANAGING DIRECTOR TAMIL NADU HOUSING BOARD Vs. S. PARAMANANDAM (DECEASED) THROUGH HIS LRS AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Land Acquisition Act, 1894 — Section 48(B) — An award for land acquisition was made in 1985-86, with compensation paid — The High Court directed the appellant to consider the respondent's request for land allotment under the ex-landowner category — The respondent sought land release under Section 48(B) — The appellant argued that no legal right exists for private parties once the title transfers to the Government — The respondent claimed similar cases had been granted relief — The Supreme Court
India Law Library Docid # 2422322

(531) THE STATE OF UTTAR PRADESH Vs. NEERAJ KUMAR PANDEY AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Service Law — Recruitment — Fairness in Government Recruitment — A government cannot deny appointment to candidates who secured higher marks than the least-qualified appointed candidate, solely due to delay in the recruitment process, when such delay is attributable to the government's own actions.
India Law Library Docid # 2422463

(532) SHANKAR LAL SHARMA Vs. RAJESH KOOLWAL AND OTHERS[SUPREME COURT OF INDIA] 29-01-2025
Settlement in lieu of Litigation — The court encourages out-of-court settlements as a means to resolve disputes efficiently and amicably, particularly in cases where the monetary relief sought is substantial but the petitioner's means are limited.
India Law Library Docid # 2422584

(533) GAMBHIR SINGH Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 28-01-2025
Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 27 — Murder — Death Sentence — Acquittal — Appellant was accused of murdering his brother, sister-in-law, and their four children, allegedly over a land dispute —Weapons and items were recovered — The trial court sentenced to death, acquitting one co-accused, and the High Court upheld the decision — The Supreme Court examined whether the prosecution proved accused’s guilt beyond reasonable doubt, focusing on motive, the "last se
India Law Library Docid # 2422315

(534) THE CORPORATION OF THE CITY OF PANAJI Vs. MUSHTAK HUSSAIN KHATIB AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Temporary accommodation — The Corporation of the City of Panaji appealed a High Court order directing it to frame a scheme to accommodate fish and meat vendors after their building was demolished — The Corporation argued the High Court overstepped its jurisdiction under Article 226 and sought to implement its resolutions, accommodating only six meat vendors temporarily — The Supreme Court partially allowed the appeal, setting aside the High Court's scheme directive but affirming temporary accomm
India Law Library Docid # 2422385

(535) JITENDRA SINGH SIKARWAR Vs. RAMESH SINGH SIKARWAR AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Motor Accident Claims — Claimant, who lost his left hand in a 2008 accident, appealed for higher compensation, disputing the High Court's assessment of his income at Rs. 3,000 per month — The Supreme Court found this figure too low, considering his farming and buffalo-rearing income, and revised it to Rs. 6,000 per month — This adjustment raised his loss of income to Rs. 9,66,000 — The Court partially allowed the appeal, directing ICICI Lombard to pay an additional Rs. 6,00,000 with 6% interest,
India Law Library Docid # 2422389

(536) PAVAN KUMAR NATH AND ANOTHER Vs. RASHMI MUKHI[SUPREME COURT OF INDIA] 28-01-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 — The appellant challenged a High Court order upholding the Trial Court's refusal to recall an ex parte order in a recovery suit filed for Rs. 1.55 crore — The Trial Court had proceeded ex parte due to the appellant's absence, and the High Court upheld this — The Supreme Court, however, ruled that the appellant should be given a chance to contest the suit, given the substantial amount involved and the pending application under Order VII Rule 11 C
India Law Library Docid # 2422390

(537) RAMPAL GAUTAM AND OTHERS Vs. THE STATE BY MAHADEVAPURA POLICE STATION, MAHADEVAPURA, BENGALURU AND ANOTHER[SUPREME COURT OF INDIA] 28-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 173(8) — Further Investigation —High Court's direction for further investigation into a case was not justified, given the belated stage of the complainant's application and the lack of initial allegations against the appellants — The Court determined that the complainant had ample opportunity to present her full case during her initial testimony and could have sought to include additional parties through existing legal procedures — The court also no
India Law Library Docid # 2422293

(538) JAYAPAL BHIMAPPA JANAGOUDA AND ANOTHER Vs. THE STATE OF KARNATAKA AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 379 — When a High Court reverses a trial court's acquittal and sentences the accused to life imprisonment, the correct procedure for appealing to the Supreme Court is through a statutory criminal appeal under Section 379 Cr.P.C., not a Special Leave Petition — This right to appeal is granted by statute, making it a matter of right for the accused — The Supreme Court allowed the conversion of the incorrectly filed Special Leave Petitions into Crimina
India Law Library Docid # 2422094

(539) JAGE RAM Vs. VED KAUR AND OTHERS[SUPREME COURT OF INDIA] 28-01-2025
Settlement — Out of Court — Refund of Court Fee — Court fees are non-refundable in the context of amicable out-of-court settlements, as they are not covered under the specified categories for fee refunds such as arbitration, conciliation, judicial settlement, or mediation — The Supreme Court clarified that the mere termination of litigation through a voluntary agreement between parties does not entitle the
India Law Library Docid # 2422213

(540) IVAN RATHINAM Vs. MILAN JOSEPH[SUPREME COURT OF INDIA] 28-01-2025
Evidence Act, 1872 - Section 112 - Presumption of Legitimacy and Paternity - Under Section 112 - A child born during the subsistence of a valid marriage is conclusively presumed to be the legitimate child of the husband, unless it is proven that the husband had no access to the mother at the time of conception - This presumption of legitimacy is equivalent to paternity unless rebutted by evidence of non-access - The court emphasized that legitimacy and paternity are not independent concepts in I
India Law Library Docid # 2422049