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(561) RAM KISHORE CHOWDHARY Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — A revisional court against acquittal must examine the trial court records before dismissing the revision, even if the revision petitioner seeks adjournments — The Supreme Court allowed an appeal against the High Court's dismissal of a revision application against the acquittal of private respondents in a decades-old criminal case — The Supreme Court held that the High Court erred by not perusing the trial court records before dismissi
India Law Library Docid # 2423661

(562) UNION OF INDIA Vs. J.P.SINGH[SUPREME COURT OF INDIA] 05-03-2025
Prevention of Money Laundering Act, 2002 — Section 8(3)(a) — An order of the Adjudicating Authority under the PMLA for retention of seized property continues during the pendency of proceedings relating to an offence under the PMLA before a court, as per Section 8(3)(a) of the PMLA as it existed between 14th May, 2015 and 18th April, 2018, and this applicability is not contingent on the person affected being named as an accused in the complaint — The Supreme Court allowed the appeal of the Union
India Law Library Docid # 2423728

(563) S.N. SHARMA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 05-03-2025
Service Law — Promotion — Qualifying Service — Ad Hoc Service — Reckoning of Period — The central issue for consideration pertains to whether the period of service rendered by an employee on an ad hoc basis in a promotional post (Scientist 'B') should be counted towards the prescribed qualifying service (three years) for eligibility for promotion to the next higher post (Scientist 'C')
India Law Library Docid # 2424002

(564) SPORTS AUTHORITY OF INDIA AND ANOTHER Vs. DR. KULBIR SINGH RANA[SUPREME COURT OF INDIA] 04-03-2025
Sports Authority of India Executive Cadre (Grade A) Staff Recruitment Rules 2022 — The Supreme Court held that a contractual employee of the Sports Authority of India (SAI), engaged in a post covered under the Sports Authority of India's recruitment rules, is entitled to be considered as an "initial constituent" under the 2022 Rules, thereby gaining regular employee status, if their appointment was made through a selection process but was irregular due to procedural lapses — Moreover, a
India Law Library Docid # 2423100

(565) SURESH Vs. STATE REP. BY INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 04-03-2025
Penal Code, 1860 (IPC) — Section 302 — Murder — Dying Declaration — A dying declaration, inconsistent with previous statements and unsubstantiated by corroborative evidence, is insufficient to sustain a conviction under Section 302 IPC, necessitating the grant of benefit of doubt to the accused.
India Law Library Docid # 2423101

(566) M.S. NAGABHUSHAN Vs. D.S. NAGARAJA[SUPREME COURT OF INDIA] 04-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonor of Cheque — A conviction under Section 138 of the NI Act is not sustainable when the cheque amount includes a security deposit, and the accused is entitled to deduct legitimate claims, rendering the debt not entirely enforceable against him.
India Law Library Docid # 2423102

(567) K. S. MEHTA Vs. M/S MORGAN SECURITIES AND CREDITS PVT. LTD.[SUPREME COURT OF INDIA] 04-03-2025
Negotiable Instruments Act, 1881 — Sections 138 and 141 — Non-executive and independent directors of a company cannot be held vicariously liable under Section 138 read with Section 141 of the NI Act without specific allegations demonstrating their direct involvement in the company's affairs at the relevant time.
India Law Library Docid # 2423103

(568) SARANGA ANILKUMAR AGGARWAL Vs. BHAVESH DHIRAJLAL SHETH AND ORS.[SUPREME COURT OF INDIA] 04-03-2025
Consumer Protection Act, 1986 — Section 27 — Insolvency and Bankruptcy Code, 2016 — Sections 94 and 96 — The moratorium under Section 96 of the IBC does not extend to regulatory penalties for non-compliance with consumer protection laws, as these penalties serve a regulatory function and do not constitute “debt” under the IBC.
India Law Library Docid # 2423104

(569) MUKESH PRASAD SINGH Vs. THE THEN RAJENDRA AGRICULTURAL UNIVERSITY (NOW DR. RAJENDRA PRASAD CENTRAL AGRICULTURAL UNIVERSITY) AND OTHERS[SUPREME COURT OF INDIA] 04-03-2025
Rajendra Agricultural University Statutes, 1976 — Section 35 — Non-exercise of option to opt into the Contributory Provident Fund scheme, as per the University Statute and Office Order, automatically entitles an employee to be included in the General Provident Fund-cum-pension-cum-gratuity scheme.
India Law Library Docid # 2423105

(570) C PRABHAKAR RAO AND ANOTHER Vs. SAMA MAHIPAL REDDY AND ANOTHER[SUPREME COURT OF INDIA] 04-03-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 —Limitation Act, 1963 — Section 5 — A High Court, in revision, cannot set aside an ex-parte decree without considering the merits of the application for setting it aside, when the revision petition only challenges the Trial Court's order refusing to condone the delay in filing the application.
India Law Library Docid # 2423106

(571) KARANDEEP SHARMA @ RAZIA @ RAJU Vs. STATE OF UTTARAKHAND[SUPREME COURT OF INDIA] 04-03-2025
Criminal Law — Fair Trial — Article 21 Constitution of India — Procedural Lapses — A criminal trial conducted with undue haste, where the accused is not provided timely copies of prosecution documents, is compelled to face charge framing on the same day documents are supplied, lacks legal representation initially, and subsequently appointed legal aid counsel are given insufficient time to prepare and cross-examine witnesses due to rapid conclusion of evidence, vitiates the trial process
India Law Library Docid # 2424252

(572) C. KAMALAKKANNAN Vs. STATE OF TAMIL NADU REP. BY INSPECTOR OF POLICE C.B.C.I.D., CHENNAI[SUPREME COURT OF INDIA] 03-03-2025
Evidence Act, 1872 — Section 45 — Insufficiency of Evidence — The Supreme Court sets aside the conviction of the appellant due to the prosecution's failure to prove the existence of a disputed postal cover, a crucial piece of evidence in a case involving forgery and conspiracy.
India Law Library Docid # 2423038

(573) K. RAMASAMY Vs. R. NALLAMMAL AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — The Supreme Court sets aside the High Court's order condoning a delay of 1312 days in setting aside an ex-parte decree, finding no satisfactory explanation for the delay
India Law Library Docid # 2423039

(574) RAJNISH SINGH @ SONI Vs. STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 — Sections 313, 376, 384, 323, 504, and 506 — The appellant was accused of raping the complainant, Ms. A, over a period of 16 years under the false promise of marriage — The High Court dismissed the appellant's petition to quash the criminal proceedings against him —The Supreme Court allowed the appeal, quashing the High Court order and the consequent FIR and proceedings against the appellant
India Law Library Docid # 2423040

(575) SHABEEN AHMAD Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 03-03-2025
Penal Code, 1860 (IPC) — Sections 498A and 304B — Dowry Death — Cancellation of Bail — The Supreme Court sets aside the bail granted to the father-in-law and mother-in-law, accused of demanding dowry and abetting the death of their daughter-in-law, citing the gravity of the offense and the need for stricter scrutiny in dowry-related cases
India Law Library Docid # 2423041

(576) THE STATE OF GOA AND ANOTHER Vs. NAMITA TRIPATHI[SUPREME COURT OF INDIA] 03-03-2025
Factories Act, 1948 — Sections 2(k), 2(m), 6, 7, 7A, 7B, 8, 9, 11-19, 21-23, 38, 40, 40A, 51-59, 61-73, 92, and 93 — The State of Goa filed a complaint for violating the Factories Act, 1948, by operating a laundry service without compliance with the Act's provisions — The Supreme Court allowed the State's appeal, setting aside the High Court's order quashing the complaint, and held that the laundry business constitutes a "manufacturing process" under the Factories Act, 1948 — The Supreme Court i
India Law Library Docid # 2423042

(577) SHARMILA VELAMUR Vs. V. SANJAY AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025
Custody Dispute involving a Person with Intellectual Disability — The Supreme Court adjudicates a complex custody dispute involving a 22-year-old US citizen with Ataxic Cerebral Palsy and intellectual disability, balancing the principles of best interests and welfare of the person with the need for parental involvement.
India Law Library Docid # 2423043

(578) IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES[SUPREME COURT OF INDIA] 03-03-2025
Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Sections 2 and 3 —Disability Rights and Non-Discrimination — The RPwD Act embodies the principles of non-discrimination and equality for persons with disabilities — The Act's provisions, including Section 2 (definition of “barrier” and “discrimination”) and Section 3 (equality and non-discrimination), ensure that individuals with disabilities have equal access to opportunities and are protected from discrimination.
India Law Library Docid # 2423047

(579) DEVINDER KUMAR BANSAL Vs. THE STATE OF PUNJAB[SUPREME COURT OF INDIA] 03-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Prevention of Corruption Act, 1988 — Sections 7 and 13 — Illegal Gratification — Anticipatory bail in cases of corruption under the Prevention of Corruption Act, 1988, should only be granted in exceptional circumstances, considering the seriousness of the offense and the need to hold public servants accountable for undermining trust in public institutions
India Law Library Docid # 2423107

(580) V. RAVIKUMAR Vs. S. KUMAR[SUPREME COURT OF INDIA] 03-03-2025
Power of Attorney — Cancellation of — The Supreme Court held that the cancellation of a power of attorney does not affect prior conveyances made under the valid power conferred — The Court clarified that the limitation period for challenging such conveyances cannot commence from the date of cancellation of the power of attorney, especially when the power of attorney was executed over a decade prior and no contention of fraud, coercion, or lack of authority to
India Law Library Docid # 2423289