(541) STATE OF ASSAM AND OTHERS Vs. ARABINDA RABHA AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025 Constitution of India, 1950 — Article 142 — Administrative Discretion in Recruitment — The Supreme Court upheld the decision of a successor government to cancel a recruitment process initiated by a previous government, citing detected irregularities and illegalities — The court emphasized the importance of administrative discretion in ensuring fairness and proportionality in recruitment proces India Law Library Docid # 2423291
(542) KULANDAISAMY AND ANOTHER Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 07-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Duty of High Court — Disposal on Merits — Preliminary Stage of Investigation — Civil Nature of Dispute — Interference with Investigation — High Court, while hearing a petition under S. 482 CrPC for quashing an FIR, observed that there was some material for investigation but also that the issue was of a civil nature, and dismissed the petition primarily on the ground that the investigation was at an "infancy stage" — High Court furth India Law Library Docid # 2423912
(543) PERIYAMMAL (DEAD) THROUGH LRS AND OTHERS Vs. V. RAJAMANI AND ANOTHER ETC.[SUPREME COURT OF INDIA] 06-03-2025 Civil Procedure Code, 1908 — Order 21 Rules 97, 98 and 101 —Executing Court's Authority to Adjudicate Disputes —The Court held that the executing court has the power to determine questions related to right, title, or interest in a decretal property under Order 21 Rules 97, 98, and 101 — This authority is not limited to parties to the original suit, but also extends to third parties who may be in possession of the decretal property. (Relied: Shreenath & Anr. vs. Rajesh & Ors India Law Library Docid # 2423212
(544) M/S SHRI SENDHUR AGRO & OIL INDUSTRIES Vs. KOTAK MAHINDRA BANK LTD.[SUPREME COURT OF INDIA] 06-03-2025 Negotiable Instruments Act, 1881 — Section 142(2) — The amended Section 142(2) provides that the offence under Section 138 shall be inquired into and tried only by a Court within whose local jurisdiction the branch of the bank where the payee or holder in due course maintains an account is situated. India Law Library Docid # 2423213
(545) JOYI KITTY JOSEPH Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-03-2025 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 — Section 3(1) — Application of Mind in Preventive Detention — The detaining authority must apply its mind to the specific grounds of detention, ensuring that the allegations fall within the provisions of the COFEPOSA. India Law Library Docid # 2423214
(546) RABINDRANATH PANIGRAHI Vs. SURENDRA SAHU[SUPREME COURT OF INDIA] 06-03-2025 Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — The Supreme Court reiterated that in a second appeal under Section 100, the High Court is not empowered to disturb findings of fact recorded by the lower courts unless they are perverse, meaning they are based on no evidence, or the conclusions drawn from the evidence are unreasonable or illogical India Law Library Docid # 2423209
(547) VIJAY BAHADUR Vs. SUNIL KUMAR AND OTHERS[SUPREME COURT OF INDIA] 06-03-2025 Representation of the People Act, 1951 — U.P. Panchayat Raj Act, 1947 — Section 12-C —Recounting of Votes — The Court dealt with an appeal against a High Court judgment that set aside a Sub-Divisional Magistrate's order for a recount of votes in a Gram Pradhan election, due to discrepancies in vote counting and allegations of irregularities India Law Library Docid # 2423210
(548) JAMIN AND ANOTHER Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 319 — Relating Back of Revisional Order — An order passed by a superior court in exercise of revisional jurisdiction relates back to and replaces the order of the subordinate court, enabling the Trial Court to proceed with the application under Section 319 CrPC India Law Library Docid # 2423211
(549) VINDHYACHAL AND ANOTHER Vs. THE STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 06-03-2025 Penal Code, 1860 (IPC) — Sections 302, 307, 34, and 148 — Criminal Procedure Code, 1973 — Section 378 — The Appellate Court should exercise caution when reversing an order of acquittal, especially when the Trial Court's view is plausible, as it reinforces the double presumption of innocence in favor of the acquitted person — In this case, the High Court erred by substituting its own reasoning for the Trial Court's plausible India Law Library Docid # 2423294
(550) SITA RAM AND ANOTHER Vs. THE STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 06-03-2025 Evidence Act, 1872 — Section 32 — Dying Declaration under Section 32 — A dying declaration is admissible in evidence if it relates to the cause of death or circumstances of the transaction leading to death, without requiring the maker to have expected imminent death India Law Library Docid # 2423556
(551) RANJIT SINGH BATH AND ANOTHER Vs. UNION TERRITORY CHANDIGARH AND ANOTHER[SUPREME COURT OF INDIA] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 154(1), 154(3) and 156(3) — Before seeking a Magistrate's direction for FIR registration under Section 156(3) CrPC, a complainant must first exhaust remedies under Sections 154(1) and 154(3) CrPC and support the application with an affidavit — Supreme Court allowed an appeal, quashing the Magistrate's order for FIR registration and the High Court's upholding of it — The Court reiterated that prior to invoking Section 156(3) CrPC, complainants must India Law Library Docid # 2423659
(552) BOGGULA TELUGU JAYAMMA AND ANOTHER Vs. THE STATE OF TELANGANA[SUPREME COURT OF INDIA] 05-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 432 — A convict's release under a special government scheme, occurring prior to an appellate court's decision upholding their conviction, can be maintained despite the upheld conviction, as the release is deemed to have been effected under the scheme's provisions India Law Library Docid # 2423145
(553) RAJESHBHAI JERAJBHAI KALATHIYA AND OTHERS Vs. THE STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025 Constitution of India, 1950 — Article 227 — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Non-Interference with High Court Order for Registration of FIR — The Supreme Court declined to interfere with the High Court's order directing the registration of a FIR despite potential issues with the order's wording. India Law Library Docid # 2423146
(554) SMT. LAVANYA C AND ANOTHER Vs. VITTAL GURUDAS PAI SINCE DESEASED BY LRS. AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025 Contempt of Courts Act, 1971 — Contempt of Court for Violating Undertaking — The appellants, who were defendants in the Trial Court, were held guilty of contempt for violating their undertaking not to alienate a property, subject matter of a suit, given before the Trial Court — The undertaking was made in the context of a Joint Development Agreement (JDA) dispute India Law Library Docid # 2423139
(555) SURESH @ HANUMANT Vs. STATE (GOVT. OF NCT DELHI)[SUPREME COURT OF INDIA] 05-03-2025 Evidence Act, 1872 — Section 32 — Dying Declaration — A dying declaration, if found reliable and credible after scrutiny, can be a crucial piece of evidence in establishing the identity of perpetrators in a criminal case, even in the absence of direct corroboration from other evidence. India Law Library Docid # 2423140
(556) TANAJI SHAMRAO KALE Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 05-03-2025 Evidence Act, 1872 — Sections 118 to 134 — Reliable eyewitness testimony — Reliable eyewitness testimony, even with minor omissions, can be sufficient to establish the guilt of accused persons in a criminal trial, if the core of their testimony remains unshaken by contradictions or other evidence India Law Library Docid # 2423141
(557) MORTUZA HUSSAIN CHOUDHARY Vs. THE STATE OF NAGALAND AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Sections 3(1), 3(2), 3(3), 6 and 11 — Preventive Detention — Preventive detention orders must strictly comply with statutory requirements and constitutional norms, including effective communication of grounds of detention in a language the detenu understands. India Law Library Docid # 2423142
(558) PATEL BABUBHAI MANOHARDAS AND OTHERS Vs. STATE OF GUJARAT[SUPREME COURT OF INDIA] 05-03-2025 Penal Code, 1860 (IPC) — Sections 306 and 114 — Abetment of Suicide — To establish abetment to commit suicide under Section 306 IPC, the prosecution must prove a direct or indirect act of instigation or incitement by the accused, proximate to the time of suicide, demonstrating a clear mens rea, which was lacking in this case India Law Library Docid # 2423143
(559) U.P. POWER CORPORATION LTD. AND ANOTHER Vs. SATYA RAM AND ANOTHER[SUPREME COURT OF INDIA] 05-03-2025 Uttar Pradesh Industrial Disputes Act, 1947 — Section 6H(1) — Entitlement to Salary and Benefits — Jurisdictional error in entertaining claim — The Deputy Labour Commissioner and the High Court erred in entertaining the respondents' claim for salary and benefits from 01.01.2015 to 31.05.2018, without considering India Law Library Docid # 2423217
(560) SHRI KHERESHWAR MAHADEV VA DAUJI MAHARAJ SAMITI, ALIGARH Vs. THE STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint in certain cases, implying consideration of pending suits — Non-Consideration of Pending Civil Suit by High Court — The High Court erred by not considering the pending civil suit and the order of the Additional District Judge when passing the impugned order — High Courts must consider pending civil suits before passing orders that may impact their outcome. India Law Library Docid # 2423601