(581) R. MADHAVAN PILLAI Vs. RAJENDRAN UNNITHAN. S AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025 Constitutional Powers — High Courts — Limits of Judicial Discretion — No power to direct Enforcement Directorate to register Enforcement Case Information Report (ECIR) without substantial grounds India Law Library Docid # 2423296
(582) THE STATE OF ORISSA Vs. BHAGABAN MOHANTY (DEAD) THROUGH LRS[SUPREME COURT OF INDIA] 03-03-2025 Administrative Tribunals Act, 1985 — Section 19 — A belated representation on a stale matter does not revive a time-barred claim, and limitation should be considered based on the original cause of action — Supreme Court allowed the appeal, setting aside the High Court and Tribunal orders, holding that an original application filed under Section 19, eighteen years after the termination of service, was hopelessly barred by limitation and that a subsequent representation and its rejection did not p India Law Library Docid # 2423453
(583) JAMSER ALI AND ANOTHER Vs. STATE OF WEST BENGAL[SUPREME COURT OF INDIA] 03-03-2025 Penal Code, 1860 (IPC) — Sections 320, 325 and 326 — If there is doubt about whether the weapons used are "dangerous weapons" under Section 326 IPC, conviction under this section is unsustainable, and conviction under Section 325 IPC may be appropriate if grievous hurt as defined under Section 320 IPC is caused — Supreme Court altered the High Court's conviction under Section 326 IPC to Section 325 IPC, finding doubt as to whether bamboo sticks and a wooden log were "dangerous weapons," but not India Law Library Docid # 2423454
(584) MAHALINGAM Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 03-03-2025 Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Section 5 — Penal Code, 1860 (IPC) — Section 324 — Supreme Court can modify the sentence imposed by the High Court, considering the proviso to Section 5 of the Act, 1992 and Section 324 IPC, and ensure the fine amount is commensurate with the sentence —Supreme Court partly allowed a criminal appeal, reducing the sentence to the period already served but increasing the fine to be paid to the injured victims. India Law Library Docid # 2423457
(585) TARUN KUMAR MAJHI Vs. THE STATE OF WEST BENGAL[SUPREME COURT OF INDIA] 03-03-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Criminal Procedure Code, 1973 (CrPC) — Seized vehicles under the NDPS Act can be released on an interim basis, and unconditional release may be warranted for non-accused owners upon furnishing a reasonable surety bond reflecting the vehicle's current value, without restrictions on sale or transfer. India Law Library Docid # 2423602
(586) LIFE INSURANCE CORPORATION Vs. SUNITA AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025 Insurance Law — Life Insurance — Contract of Utmost Good Faith (Uberrima Fides) — Suppression of Material Fact — Chronic Alcoholism — Non-Medical Scheme — Deceased obtained LIC's Jeevan Arogya Policy under a Non-Medical General Scheme, declaring 'No' to consumption of alcohol in proposal form — Insurer relied solely on declarations — Evidence (prescription slip dated just before fatal hospitalization) revealed insured had history of "chronic alcohol intake" — Insured died about a year later due India Law Library Docid # 2423842
(587) SANJAY SADASHIV BENDRE AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025 Service Law — Retirement Age — Conflict between Service Regulations and Recruitment Rules — Interpretation — Specific Provision Prevails over General — Maharashtra Municipal Corporations Act, 1949 (MMC Act) — Sections 457 and 465 — Where specific regulations framed under Section 465 of the MMC Act (like the Pune Municipal Service Regulations, 1954 - 'MSR 1954') comprehensively govern service conditions, including classifying posts into 'superior' and 'inferior' services with distinct retirement India Law Library Docid # 2423911
(588) COLABA CAUSEWAY TOURISM HAWKERS STALL UNION Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 03-03-2025 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 — Implementation — Mandamus — Duty of High Court — Presumption — The High Court erred in dismissing a writ petition seeking directions for effective implementation of the Street Vendors Act, 2014 (including setting up a functional Town Vending Committee (TVC), framing a scheme under S. 38, preparing a plan under S. 21, and addressing eligibility lists) based on a purported legal presumption that the State Govern India Law Library Docid # 2425291
(589) ABDUL WAHID AND ANOTHER Vs. STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 28-02-2025 Penal Code, 1860 (IPC) — Sections 302, 147, 148 and 149 — Murder — Proof of Guilt — The Supreme Court set aside the conviction and sentence of three appellants, who were accused of murder — The Court held that the prosecution failed to provide credible and legally admissible evidence to connect the accused to the crime. India Law Library Docid # 2422935
(590) SARITA CHOUDHARY AND OTHERS Vs. HIGH COURT OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 28-02-2025 Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 — Rule 11 — Termination of Judicial Officers — The Supreme Court set aside the termination orders of two female judicial officers holding that the terminations were punitive, arbitrary, and contrary to law — The Court emphasized that a probationer's termination can be challenged if it is found to be punitive or contravenes the principles of natural justice — The employer must provide a reasonable opportunity for India Law Library Docid # 2422936
(591) THE CHIEF MANAGER, CENTRAL BANK OF INDIA AND OTHERS Vs. M/s AD BUREAU ADVERTISING PVT. LTD AND ANOTHER[SUPREME COURT OF INDIA] 28-02-2025 Consumer Protection Act, 1986 — 2(1)(d) (ii) — Definition of “Consumer”— Commercial Purpose Exclusion — The Court holds that a business-to-business transaction, such as a project loan, falls under “commercial purpose" excluding the borrower from the definition of a 'consumer’ under the Act. India Law Library Docid # 2422937
(592) SUDERSHAN SINGH WAZIR Vs. STATE (NCT OF DELHI) AND OTHERS[SUPREME COURT OF INDIA] 28-02-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Penal Code, 1860 — Sections 302, 201, 34 and 120B —Revisional Jurisdiction and Stay of Discharge Order — High Court's power to stay discharge order under Sections 397 and 401 of the CrPC is discretionary and should be exercised rarely, with opportunity of hearing to the accused. India Law Library Docid # 2422938
(593) PUSHPA JAGANNATH SHETTY AND OTHERS Vs. M/S. SAHAJ ANKUR REALTORS AND OTHERS[SUPREME COURT OF INDIA] 28-02-2025 Consumer Protection Act, 1986 — Section 24-A — Limitation Period in Consumer Protection Act — The Supreme Court examined the calculation of limitation in a consumer complaint case under the Consumer Protection Act, 1986 — The NCDRC had dismissed the complaint as time-barred, counting six months from the date of the indemnity-cum-undertaking (10th January 2015) — However, the Supreme Court India Law Library Docid # 2423000
(594) PRABHAVATHI AND OTHERS Vs. THE MANAGING DIRECTOR, BANGALORE METROPOLITAN, TRANSPORT CORPORATION[SUPREME COURT OF INDIA] 28-02-2025 Motor Vehicle Act, 1988 — Contributory Negligence in Motor Vehicle Accidents — The Supreme Court set aside the High Court's order assessing contributory negligence at 25% on the deceased and 75% on the driver of the BMTC bus — The Court agreed with the Tribunal's finding that the accident was solely due to the rash and negligent driving of the bus driver, citing the lack of evidence indicating the deceased's negligence India Law Library Docid # 2423001
(595) UNION OF INDIA THR. I.O. NARCOTICS CONTROL BUREAU Vs. MAN SINGH VERMA[SUPREME COURT OF INDIA] 28-02-2025 Criminal Procedure Code, 1973 (CrPC) — Section 439 — Jurisdiction under Section 439 for Bail Applications — The Supreme Court clarified that the jurisdiction conferred upon a Court under Section 439 is limited to granting or refusing bail pending trial, and does not extend to awarding compensation for alleged wrongful confinement India Law Library Docid # 2423002
(596) PRADIP N. SHARMA Vs. STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 28-02-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR under Section 482 CrPC — The Supreme Court may refuse to quash an FIR under Section 482 CrPC if allegations prima facie disclose cognizable offences warranting investigation, but may grant anticipatory bail under Section 438 CrPC if custodial interrogation is not essential, particularly in cases relying on documentary evidence India Law Library Docid # 2423003
(597) SACHIN YALLAPPA USULKAR AND OTHERS Vs. VIJAYATA AND OTHERS[SUPREME COURT OF INDIA] 28-02-2025 Motor Vehicle Act, 1988 — Section 166 — Misinterpretation of Evidence — The courts below erred in appreciating the evidence, leading to a mistaken conclusion that the minor was driving the vehicle at the time of the accident — A thorough examination of witness testimonies (PW1, PW3, RW2, RW3) and documentary evidence reveals no direct involvement of the minor in driving. India Law Library Docid # 2423004
(598) KAMAL @ KAMAL CHOUDHARY Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 28-02-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 437 and 439 — Right to File Fresh Bail Application — An accused can file a fresh bail application at a subsequent stage based on a material change in circumstances, even if an earlier application was rejected. India Law Library Docid # 2423135
(599) ARUN RAMESHCHAND ARYA Vs. PARUL SINGH[SUPREME COURT OF INDIA] 28-02-2025 Registration Act, 1908 — Section 17(2)(vi) — Exemption from Stamp Duty for Court-Ordered Transfers — Supreme Court held that the transfer of the flat, being part of the court proceedings, is exempt from stamp duty India Law Library Docid # 2423295
(600) HARI SINGH AND ANOTHER Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 28-02-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Constitution of India, 1950 — Article 142 — Penal Code, 1860 (IPC) — Section 498A — The Supreme Court can exercise its power under Article 142 to do complete justice by altering a sentence even when the appeal is against the dismissal of a Section 482 CrPC application — Supreme Court modified the sentence for conviction under Section 498-A IPC to the period already served, considering the appellants' age and lack of effective representation India Law Library Docid # 2423450