(581) SURENDRA SINGH Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Section 302 — Bail — Supreme Court suspended the sentence and granted bail to the appellant due to his prolonged incarceration of over 10 years and the delay in listing his criminal appeal — The Court invoked its powers under Article 142 of the Constitution to ensure justice, as further incarceration would be unjust if the High Court were to reverse the conviction in the future. India Law Library Docid # 2421935
(582) NITISH KUMAR @ PAPPU Vs. STATE (NCT OF DELHI)[SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Sections 354(A) and 354(D) —Protection of Children from Sexual Offence Act, 2012 — Sections 9 and 10 — Bail —Supreme Court granted bail to the appellant considering that he had already served more than half of his 5-year sentence and that the appeal before the High Court was unlikely to be decided soon — The Court emphasized that the right to appeal is a statutory right, and further incarceration would render justice illusory if the conviction were later overturned. India Law Library Docid # 2421936
(583) IJHAR ALAM Vs. STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 21-01-2025 Criminal Procedure Code, 1973 (CrPC) — Section 82 —Anticipatory bail — The Supreme Court granted anticipatory bail to the appellant based on the Call Detail Records (CDRs) indicating consent between the appellant and the alleged victim — The Court also quashed the proceedings under Section 82 of the Cr.P.C. and clarified that the observations in the order were only for the purpose of granting bail and not on the merits of the case. India Law Library Docid # 2421940
(584) SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER[SUPREME COURT OF INDIA] 21-01-2025 Criminal Procedure Code, 1973 (CrPC) — Section 41A — Service of Notices under Section 41-A — The Court held that notices under Section 41A (now Section 35 of the BNSS, 2023) must be served in person as prescribed by the statute — Service through electronic modes such as WhatsApp, email, or SMS is not valid and cannot be considered a substitute for the prescribed mode of service — This is in line with the Court's earlier decision in Satender Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51, which uphe India Law Library Docid # 2422020
(585) DIRECTORATE OF ENFORCEMENT Vs. SUBHASH SHARMA[SUPREME COURT OF INDIA] 21-01-2025 . Prevention of Money Laundering Act, 2002 — Section 4 — Illegality of Arrest — The arrest of the respondent is deemed illegal because the respondent was detained by the Bureau of Immigration under a Look Out Circular (LOC) issued by the Directorate of Enforcement (appellant) and subsequently taken into physical custody by the ED at 11:00 hours on 5th March 2022, but was not produced before the nearest magistrate within 24 hours as required by clause 2 of Article 22 and Section 57 of the Cr.P.C. India Law Library Docid # 2422210
(586) VEDANT SHUKLA AND OTHERS Vs. STATE OF MADHYA PRADESH AND ANOTHER [SUPREME COURT OF INDIA] 21-01-2025 Penal Code, 1860 (IPC) — Sections 498A, 506, and 34 — Dowry Harassment —Hindu Marriage Act, 1956 — Section 13B — Divorce by Mutual Consent — Quashing of Criminal Proceedings — The Court allowed the appeal and quashed the criminal proceedings initiated by the wife against her husband and his family — The parties had reached a settlement, leading to a mutual consent divorce under Section 13B — As part of the settlement, the wife agreed to resolve the criminal complaint and stated in the Family Cou India Law Library Docid # 2422163
(587) MEERA SINGH AND OTHERS Vs. NEW INDIA ASSURANCE CO LTD. AND ANOTHER[SUPREME COURT OF INDIA] 21-01-2025 Motor Vehicles Act, 1988 — Compensation — Enhancement in Appeal — Requirement of Reasoned Order — When enhancing compensation awarded by the Motor Accident Claims Tribunal, the High Court is obligated to analyze the evidence on record and provide clear reasoning for its determination, particularly regarding the assessment of the deceased's monthly income and the selection of the appropriate multiplier — An appellate order reassessing compensation that is cryptic, lacking analysis of evidence, an India Law Library Docid # 2424697
(588) BHARAT PETROLEUM CORPORATION LTD. Vs. COMMISSIONER OF CENTRAL EXCISE NASHIK COMMISSIONERATE[SUPREME COURT OF INDIA] 20-01-2025 Central Excise Act, 1944 — Sections 4(1)(a) and 11AC — Transaction Value under Section 4 — For the transaction value to be applicable under Section 4(1)(a), three conditions must be met India Law Library Docid # 2421807
(589) BHUPINDERPAL SINGH GILL Vs. STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Punjab Civil Services (Punishment and Appeal) Rules, 1970 — Rule 8 — A senior medical officer with 34 years of unblemished service faced disciplinary action days before retirement for alleged misconduct, including unauthorized leave and non-participation in the pulse polio program — Initially, a 2% pension cut was imposed, later modified by the High Court to a 5-year cut — The officer challenged this, claiming the charges were baseless and retaliatory for prior legal actions against government o India Law Library Docid # 2421808
(590) VINOD YESHWANT SHELKE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Education Law — Eligibility Based on Higher Qualification — The High Court's decision, which the Supreme Court upheld, states that a degree in Engineering in the respective trades is a higher qualification than a diploma in Engineering in that trade. This indicates that the court considered a higher degree as sufficient to qualify a candidate for a position that requires a diploma, provided that the higher qualification is in the same field. India Law Library Docid # 2421810
(591) USHA TIWARI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Petitioner, a poor elderly woman, filed a writ petition dismissed by the High Court, which also imposed a Rs. 50,000 cost on her and her son — She appealed to the Supreme Court, citing her inability to pay due to financial hardship — The High Court had intended the cost to benefit senior citizens lacking maintenance — The Supreme Court found no error in dismissing the writ petition but ruled that imposing the cost on the petitioner, given her age and financial vulnerability, was unjustified — It India Law Library Docid # 2421811
(592) DIKSHA MISHRA Vs. ALOK DWIVEDI[SUPREME COURT OF INDIA] 20-01-2025 Matrimonial Law — Transfer Petition — Petitioner-wife, filed a transfer petition seeking to move her divorce case from the Family Court in Ghaziabad, Uttar Pradesh, to the Family Court in Mandleshwar, MP West Nimad — The case was initially referred to the Supreme Court Mediation Centre, but mediation failed — The central issue was whether the divorce case should be transferred from the Ghaziabad court to the Mandleshwar court, as requested by the petitioner-wife — The petitioner-wife argued that India Law Library Docid # 2421812
(593) ASMA K. Vs. RAHIM MOGRAL @ ABDUL RAHEEM[SUPREME COURT OF INDIA] 20-01-2025 Matrimonial Law — Amicably settlement — The Supreme Court set aside the impugned judgment of the High Court and affirmed the trial court's decision, as the parties had amicably resolved their disputes through a settlement — The Court recorded the terms of the settlement, including the payment of maintenance and the acceptance of the divorce decree, and disposed of the special leave petition accordingly. India Law Library Docid # 2421928
(594) DIKSHA MISHRA Vs. ALOK DWIVEDI[SUPREME COURT OF INDIA] 20-01-2025 Matrimonial Law — Transfer Petitioner — The Supreme Court allowed the transfer petition, transferring the divorce case from Ghaziabad, Uttar Pradesh, to Mandleshwar, Madhya Pradesh, as mediation between the parties had failed — The Court emphasized the expediency of justice and directed the prompt transfer of records. India Law Library Docid # 2421930
(595) JYOSTNAMAYEE MISHRA Vs. THE STATE OF ODISHA AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Orissa Subordinate Architectural Service Rules, 1979 — Rule 7 — Promotion vs. Direct Recruitment — The post of Tracer in the Orissa Subordinate Architectural Service is to be filled 100% by direct recruitment as per the Orissa Subordinate Architectural Service Rules, 1979 — The Rules do not provide for promotion from the post of Peon to Tracer — Therefore, an employee in the feeder cadre (Peon) is not entitled to claim promotion to a post (Tracer) that is required to be filled exclusively by dir India Law Library Docid # 2421841
(596) NITIN ARJUN MORE Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 20-01-2025 Penal Code, 1860 (IPC) — Sections 394, 395, 397, 120(B) and 201 — Bail — Supreme Court granted bail to the appellant considering that he had been in custody since August 2023, the charges had not yet been framed, and a co-accused had already been granted bail— The Court emphasized that the appellant should not misuse his liberty, influence witnesses, or tamper with evidence, and any violation of these conditions would result in the cancellation of bail. India Law Library Docid # 2421933
(597) KAMLESH Vs. STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 20-01-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section(s) 8, 22 and 29 — Bail — Supreme Court granted bail to the appellant due to the long period of incarceration (since March 2021), the slow pace of the trial, and the absence of independent witnesses to the seizure — The Court clarified that the observations made in the order and the grant of bail should not be treated as findings on the merits of the case. India Law Library Docid # 2421934
(598) GIRDHARI Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 20-01-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Penal Code, 1860 (IPC) — Section 376(2)(f) — Modification of Sentence — Supreme Court modified the sentence of the appellant from life imprisonment to 20 years of imprisonment, considering that he had already served nearly 18 years and was 64 years old — The Court found that the ends of justice would be met with this modification. India Law Library Docid # 2421937
(599) VIKAS SHARMA Vs. SPECIAL POLICE ESTABLISHMENT LOKAYUKT[SUPREME COURT OF INDIA] 20-01-2025 Prevention of Corruption Act, 1988 — Section 7 — The Supreme Court suspended the sentence and granted bail to the appellant pending the appeal before the High Court, as he had already served 8 months of his 4-year sentence — The Court relied on the precedent set in Shivani Tyagi vs. State of U.P., which allows for the suspension of sentences in similar circumstances. India Law Library Docid # 2421938
(600) PARINEE REALTY PVT. LTD. AND OTHERS Vs. M/S. NARENDRA A. POPAT (HUF) AND OTHERS[SUPREME COURT OF INDIA] 20-01-2025 Constitution of India, 1950 — Article 226 — Supreme Court directed the Maharashtra RERA Authority to expedite the proceedings and decide the matter within four weeks — The Court upheld the High Court's status quo order but emphasized that the petitioners should have been given an opportunity to file a reply before the order was passed. India Law Library Docid # 2421939