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(661) UNITED INDIA INSURANCE CO. LTD. Vs. BANSAL WOOD PRODUCTS PVT. LTD. [SUPREME COURT OF INDIA] 08-01-2025
Limitation Act, 1963 — Sections 5 and 14 — Interest on Arbitral Award — Appellant-Insurance Co. Ltd. appealed a High Court decision affirming an Arbitral Tribunal's award of interest to respondent for a delayed insurance claim payment — The claimant initially pursued a consumer complaint before arbitration, causing a four-year delay (2003-2006) which the tribunal condoned, excluding it from interest calculations — The appellant argued the claimant should not receive interest for delays attributa
India Law Library Docid # 2421443

(662) S. RAJASEEKARAN Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Motor Vehicles Act, 1988 — Section 162 — Scheme for golden hour — Obligation of Central Government — The court emphasizes the statutory obligation of the Central Government to create a scheme for cashless treatment of accident victims during the golden hour as mandated by Section 162(2) of the Motor Vehicles Act, 1988 (MV Act) — This obligation is not discretionary but a legal requirement.
India Law Library Docid # 2421444

(663) OM PRAKASH @ ISRAEL @ RAJU @ RAJU DAS Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 08-01-2025
Juvenile Justice Act, 2015 — Section 9(2) — Claim of juvenility can be raised at any stage of a case, even after final disposal and a Presidential Order and that courts have a mandatory duty to consider such claims in accordance with the Juvenile Justice Act, 2015 — The court emphasized that the pursuit of truth is paramount in the justice system, and procedural or technical hurdles should not prevent courts from ensuring justice, especially for juveniles — The court also ruled that lower courts
India Law Library Docid # 2421445

(664) INDIAN EVANGELICAL LUTHERAN CHURCH TRUST ASSOCIATION Vs. SRI BALA & CO. [SUPREME COURT OF INDIA] 08-01-2025
. Charitable and Religious Trust Act, 1921 — Section 7 — Powers of trustee to apply for directions — A property dispute over land in Kodaikanal arose from a 1991 sale agreement between appellant and respondent — The plaintiff filed a suit for specific performance in 1993 but failed to pay court fees, leading to its rejection — A second suit was filed in 2007 — The appellant argued the second suit was barred by the law of limitation under Order 7 Rule 11(d) of the CPC, as the cause of action acc
India Law Library Docid # 2421446

(665) BAIDYA NATH CHOUDHARY Vs. DR. SREE SURENDRA KUMAR SINGH[SUPREME COURT OF INDIA] 08-01-2025
Service Law — Employment Benefits — In cases of non-compliance with court orders related to employment benefits, a fact-finding enquiry by the Registrar/Vice Chancellor can resolve disputes regarding entitlements, arrears, and excess payments, with dissatisfied parties having recourse to the High Court, as exemplified by the Supreme
India Law Library Docid # 2422636

(666) FR. REES VADASSERY Vs. STATE OF KERALA [SUPREME COURT OF INDIA] 08-01-2025
Penal Code, 1860 (IPC) — Sections 354, 354(A)(i) and 506 —Protection of Children from Sexual Offences Act, 2012 — Sections 7, 8, 9(p), 10, 11(iv) and 12 — The appellant, a priest, was accused under various IPC and POCSO Act sections for an alleged incident in June 2023, with an FIR lodged on August 31, 2024 — His anticipatory bail was rejected by the Kerala High Court on October 4, 2024 — He appealed under Section 482 of the B.N.S.S., arguing a one-year delay in the FIR and the false nature of t
India Law Library Docid # 2421658

(667) DR. SHYAM NARAYAN SINGH AND OTHERS Vs. SANJAY KUMAR AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Contempt Petitions — Contempt Petitions related to non-compliance with a previous order — While it does not explicitly state a ratio decidendi, it does lay out a procedure for resolving the matter — The court directs the authorities to adjudicate the issues through a fact-finding enquiry conducted by the Registrar/Vice Chancellor of the University — This decision is based on the court's view that issues of actual working days, salary arrears, and pension cannot be decided in contempt proceedings
India Law Library Docid # 2421491

(668) DHIRENDRA KUMAR Vs. DEEPAK KUMAR AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Contempt Petitions — Contempt Petitions related to non-compliance with a previous order — While it does not explicitly state a ratio decidendi, it does lay out a procedure for resolving the matter — The court directs the authorities to adjudicate the issues through a fact-finding enquiry conducted by the Registrar/Vice Chancellor of the University — This decision is based on the court's view that issues of actual working days, salary arrears, and pension cannot be decided in contempt proceedings
India Law Library Docid # 2421492

(669) MEERA SINGH Vs. DEEPAK KUMAR AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Contempt Petitions — Contempt Petitions related to non-compliance with a previous order — While it does not explicitly state a ratio decidendi, it does lay out a procedure for resolving the matter — The court directs the authorities to adjudicate the issues through a fact-finding enquiry conducted by the Registrar/Vice Chancellor of the University — This decision is based on the court's view that issues of actual working days, salary arrears, and pension cannot be decided in contempt proceedings
India Law Library Docid # 2421493

(670) HALDHAR PRASAD GUPTA Vs. DEEPAK KUMAR AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Contempt Petitions — Contempt Petitions related to non-compliance with a previous order — While it does not explicitly state a ratio decidendi, it does lay out a procedure for resolving the matter — The court directs the authorities to adjudicate the issues through a fact-finding enquiry conducted by the Registrar/Vice Chancellor of the University — This decision is based on the court's view that issues of actual working days, salary arrears, and pension cannot be decided in contempt proceedings
India Law Library Docid # 2421494

(671) VIJAY KUMAR DHEER Vs. STATE OF CHHATTISGARH AND ANOTHER [SUPREME COURT OF INDIA] 08-01-2025
Penal Code, 1860 (IPC) — Sections 420,467,468,469,470,471,472 and 120-B — Forgery — Anticipatory Bail application — The appellant had been granted protection from arrest during the investigation of a case related to forgery and other offences, but this protection was not extended after a chargesheet was filed — The High Court rejected the appellant's anticipatory bail application — The Supreme Court, noting that the investigation was complete and a chargesheet had been filed, and that the appell
India Law Library Docid # 2421579

(672) NEW INDIA ASSURANCE CO. LTD. Vs. KRISHNA SAKHARAM BAING AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Motor Vehicles Act, 1988 — Sections 149(2) and 170 — Insurance company's right to contest a claim — The High Court had ruled that the Insurance Company was not permitted to raise certain grounds to resist the claim because it had not taken permission under Section 170 of the Act — The Supreme Court, however, citing a previous 3-judge bench decision, held that an insurance company voluntarily impleaded by the claimants can raise all grounds available in law, not just those listed in Section 149(2
India Law Library Docid # 2421580

(673) ONKAR NATH SINGH @ SHERU SINGH Vs. STATE OF BIHAR [SUPREME COURT OF INDIA] 08-01-2025
Juvenile Justice (Care and Protection) Act, 2015 — Plea of Juvenility — The appellant was convicted and sentenced, but the High Court remanded the case to determine juvenility via a medical board and re-examine the evidence — After remand, the appellant was convicted again — The Supreme Court found the High Court's reliance solely on medical reports for juvenility determination flawed and mandated a full age determination inquiry, including academic records and testimonials — The Court directed
India Law Library Docid # 2421583

(674) M/S UTKAL HIGHWAYS ENGINEERS AND CONTRACTORS Vs. CHIEF GENERAL MANAGER AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Writ Petition — Delay — Supreme Court established that a High Court should not relegate a writ petition to other remedies after a significant delay, particularly when the parties have already exchanged affidavits, and the matter is ripe for final disposal — This is not applicable if there are disputed questions of fact requiring formal evidence — The court clarified that it is not an absolute rule that money claims cannot be adjudicated upon in writ jurisdiction, and the non-payment of admitted
India Law Library Docid # 2421586

(675) AMALENDU MANDAL Vs. STATE OF WEST BENGAL AND ANOTHER [SUPREME COURT OF INDIA] 08-01-2025
Constitution of India, 1950 — Article 142 — Divorce — Supreme Court invoked its jurisdiction under Article 142 to dissolve a marriage — The court's decision was based on the fact that the parties had been residing separately since 2012 and there was no possibility of reconciliation, making the marriage irretrievably broken — The court approved a one-time settlement of Rs. 15,00,000/-, with Rs. 10,00,000/- going to the wife and Rs. 5,00,000/- being invested for the benefit of the minor child — Th
India Law Library Docid # 2421588

(676) RAJESH R NAIR Vs. SHIVANANDA NAIK [SUPREME COURT OF INDIA] 08-01-2025
Negotiable Instruments Act, 1881 — Section 138 — The Supreme Court heard a criminal appeal regarding the dishonouring of two cheques, totalling Rs. 21,00,000, which were issued by the appellant — The appellant's defence was struck off for failing to deposit the amount, leading to a conviction and an order to pay Rs. 21,00,000, with a three-month imprisonment in case of failure to pay — The lower court's order was affirmed in both appeal and revision — The Supreme Court initially directed the app
India Law Library Docid # 2421589

(677) DIKSHA BABANRAO SHIRSAT Vs. THE STATE OF MAHARASHTRA AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Service Law — Selection — Court should not reject a candidate's application due to a minor procedural issue, especially when the candidate has demonstrated merit and has been working in the position for an extended period — In this specific case, the petitioner was selected for the post of Engineer Class-C but did not have the required non-creamy layer certificate on the date of the interview — Although she obtained the certificate the next day, the lower courts set aside her appointment — The S
India Law Library Docid # 2421593

(678) OM PRAKASH SRIVASTAVA @ BABLOO Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 08-01-2025
Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 473 — United Provinces Prisoners' Release on Probation Act, 1938 — Supreme Court considered a petition from a convict who was seeking release under the Act, 1938 — The court found that the provisions of the 1938 Act are more stringent than Section 473 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) — The court noted that under the 1938 Act, the State Government must be satisfied that the convict is likely to abstain from crime and lead a pe
India Law Library Docid # 2421533

(679) ATUL SINGH Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 08-01-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — The court found that the prosecution failed to demonstrate compliance with clause 2.5 of Standing Order No. 1/89, specifically regarding color testing using a drug identification kit — Additionally, there was no evidence that the seized contraband was converted into 10 containers, or that samples were taken from them — Due to this non-compliance, the court ruled that the rigor of Section 37 of the NDPS Act could not be applied t
India Law Library Docid # 2421544

(680) VIJAY PRABHU Vs. S.T. LAJAPATHIE AND OTHERS [SUPREME COURT OF INDIA] 08-01-2025
Specific Relief Act, 1963 — Sections 12 and 12(3) — Specific performance of part of a contract — The court held that specific performance of a part of a contract is generally not allowed, except under specific circumstances as outlined in Section 12 — The court determined that the plaintiff was not entitled to relief under Section 12(3) because they were found to be not ready and willing to perform their part of the contract and therefore in default, and because the terms of the contract did not
India Law Library Docid # 2421495