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(761) AAKRITEE SINGH @ SHALU Vs. RAJESH SINGH [SUPREME COURT OF INDIA] 03-01-2025
Constitution of India, 1950 — Article 142 — Mutual Divorce — The Supreme Court has addressed a transfer petition, wherein a settlement agreement was reached between the petitioner-wife and respondent-husband — As a result of this agreement, various legal cases between the parties have been closed, withdrawn, or quashed, including a Domestic Violence case, a criminal FIR, a case before the Allahabad High Court, another case before the Family Court, and a couple of cases before other courts in Utt
India Law Library Docid # 2421573

(762) CHHOTA RAM ETC. ETC. Vs. STATE OF HARYANA ETC. ETC. [SUPREME COURT OF INDIA] 03-01-2025
Land Valuation — The landowners appealed the High Court's valuation of their land at Rs. 200 per square yard, arguing that it should be valued at Rs. 250 per square yard, based on a prior valuation for nearby land — The Supreme Court found that the lands were similar, noting that they were acquired within a span of two months and the sketch provided in court did not indicate a significant distance between them — The Court also noted that the land in question has access from two roads, indicating
India Law Library Docid # 2421577

(763) TANIA RAHA Vs. SUBHAJIT RAHA [SUPREME COURT OF INDIA] 03-01-2025
Matrimonial Law — Transfer of Case — The Supreme Court granted a transfer petition moving a family case from Bangalore to Hooghly due to her husband's non-appearance — Despite no arguments from the husband, the court allowed the transfer, directed an amicable settlement attempt, and allowed video conferencing for parties — The court sent case records to the Hooghly court and disposed of pending applications.
India Law Library Docid # 2421584

(764) AYUSHI UPADHYAY Vs. SIDDHARTH KAUSHIK [SUPREME COURT OF INDIA] 03-01-2025
Constitution of India, 1950 — Article 142 — Divorce — Mutual Consent — Supreme Court exercised its jurisdiction to dissolve a marriage by mutual consent — The court's decision was based on a settlement agreement reached by the parties — The key legal point is that the Supreme Court can dissolve a marriage and grant a divorce decree by mutual consent when parties have reached a settlement agreement and the court deems it appropriate — The court also addressed various pending legal proceedings bet
India Law Library Docid # 2421587

(765) SATHEESH AND ANOTHER Vs. STATE OF KERALA AND ANOTHER [SUPREME COURT OF INDIA] 03-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Court cannot use Section 319 to include individuals as accused solely based on testimony given during examination-in-chief, if the witness did not name those individuals in their original complaints or statements, and did not claim to be unaware of their involvement at the time of filing those original complaints or statements — In this specific case, the second respondent did not name the appellants in any prior complaints or statements, and
India Law Library Docid # 2421592

(766) GEETHA V.M. AND OTHERS Vs. RETHNASENAN K. AND OTHERS [SUPREME COURT OF INDIA] 03-01-2025
Kerala State and Subordinate Service Rules, 1958 — Rule 27(a) and 27(c) of Part II — Transfer by Absorption — The court established a distinction between transfers on request and transfers by absorption due to a policy decision — The court determined that the transfer of DHS employees to DME was an absorption resulting from a policy decision to eliminate the dual control system, rather than a transfer made at the employees' request.
India Law Library Docid # 2421517

(767) LAXMI ABHIMAN KOVE AND OTHERS Vs. BAPURAO NAMDEVRAO KODAPE AND OTHERS[SUPREME COURT OF INDIA] 03-01-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Supreme Court heard an appeal regarding a case where the High Court overturned a trial court's decision to allow an amendment to a plaint — The appellants, who are tribals, initially failed to seek possession of the suit property in their original claim, despite knowing the first respondent was in possession — The trial court allowed an amendment to the plaint to include a claim for possession and correct other minor erro
India Law Library Docid # 2421541

(768) PUNJAB NATIONAL BANK Vs. ATIN ARORA AND ANOTHER[SUPREME COURT OF INDIA] 03-01-2025
Civil Procedure Code, 1908 (CPC) — Section 21 — Insolvency and Bankruptcy Code, 2016 — Section 7 — Supreme Court heard an appeal by Punjab National Bank (PNB) against a decision by the High Court of Calcutta, which had overturned a National Company Law Tribunal (NCLT) order — The NCLT had rejected an application to recall an order of admission of a petition under the Insolvency and Bankruptcy Code (IBC) — The High Court’s decision was set aside by the Supreme Court because it had erroneously ent
India Law Library Docid # 2421542

(769) HEMCHAND @ HAPPI Vs. STATE OF RAJASTHAN [SUPREME COURT OF INDIA] 03-01-2025
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323, 302, 307, 336, 341, 451, 506 and 120-B — Arms Act, 1959 — Sections 3, 25 and 27 — Appellant imprisoned for 17 months on murder, rioting, and Arms Act charges, had his bail denied by the Rajasthan High Court — With 96 witnesses and a delayed trial, the Supreme Court granted bail, noting the lack of direct evidence linking appellant to a firearm injury and the extended pre-trial detention — The court emphasized cooperation in the trial and set
India Law Library Docid # 2421663

(770) FULWASUA KUSHWAHA Vs. STATE OF MADHYA PRADESH [SUPREME COURT OF INDIA] 03-01-2025
Penal Code, 1860 (IPC) — 498-A, 304-B, and 34 —Dowry Prohibition Act, 1961 — Sections 3 and 4 — Appellant charged under various IPC and Dowry Prohibition Act sections for her husband's death by poison within seven years of marriage, has been in jail for three months — The High Court denied her initial bail application — The Supreme Court, considering her gender, lengthy incarceration, and general dowry demand allegations, granted her bail on conditions set by the Trial Court — The court allowed
India Law Library Docid # 2421664

(771) VIKRAM SINGH @ VICKY Vs. STATE OF RAJASTHAN AND ANOTHER [SUPREME COURT OF INDIA] 03-01-2025
Penal Code, 1860 (IPC) — Sections 363, 366A, 376(2)(n), 376D, 323, 342 and 456 — Information Technology Act, 2000 — Section 67A —Protection of Children from Sexual Offences Act, 2012 — Sections 3, 4, 5(1), 5(g) and 6 — Appellant, imprisoned for 14 months on charges under the IPC, IT Act, and POCSO Act, had his bail rejected by the Rajasthan High Court — The Supreme Court granted leave to appeal, considering his long custody, the hostile testimony of the key witness (PW-1), and state arguments ab
India Law Library Docid # 2421665

(772) DEVESH YADAV Vs. STATE OF UTTAR PRADESH [SUPREME COURT OF INDIA] 03-01-2025
Appellant, accused of an offense with a 7-year maximum sentence, had served 3 years and 8 months in prison — The Supreme Court granted him bail, considering the time already served and the offense's maximum sentence — The court ordered his release on bail with conditions to attend court regularly and cooperate with the trial's timely disposal — Other directions from the lower court were left unchanged.
India Law Library Docid # 2421666

(773) SEROSOFT SOLUTIONS PVT. LTD. Vs. DEXTER CAPITAL ADVISORS PVT. LTD. [SUPREME COURT OF INDIA] 03-01-2025
Arbitration and Conciliation Act, 1996 — Parties entered a service agreement, leading to a dispute and subsequent arbitration — The key issue was whether the High Court was correct to interfere with the Arbitral Tribunal's decision to deny respondent a further opportunity to cross-examine appellant’s witness — Appellant argued that the High Court's interference was not justified, as the Tribunal had provided sufficient opportunities for cross-examination and the High Court had not shown perversi
India Law Library Docid # 2421337

(774) MAHANADI COAL FIELDS LTD. AND ANOTHER Vs. MATHIAS ORAM AND OTHERS [SUPREME COURT OF INDIA] 03-01-2025
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Finality of Determinations — The Court established a precedent that once determinations regarding compensation and entitlements have been adjudicated and approved by the Court, they cannot be reopened by the Claims Commission based on changes in policy — This applies specifically to the ten villages for which reports were previously finalised — This means that the Commission should not re
India Law Library Docid # 2421339

(775) MOHAMMED ENTERPRISES (TANZANIA) LTD. Vs. FAROOQ ALI KHAN AND OTHERS [SUPREME COURT OF INDIA] 03-01-2025
Corporate Insolvency Resolution Process — Three appeals concern the Corporate Insolvency Resolution Process (CIRP) for Associate Decor Ltd, initiated by Oriental Bank of Commerce in 2018 — The resolution plan, approved by the Committee of Creditors in 2020, was overturned by the Karnataka High Court for natural justice violations — The Supreme Court ruled that the High Court lacked jurisdiction to interfere and that the CIRP should proceed, dismissing the appeals and resuming the process.
India Law Library Docid # 2421340

(776) KRISHNA DEVI @ SABITRI DEVI (RANI) M/S S.R. ENGINEERING CONSTRUCTION Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 03-01-2025
Arbitration Act, 1940 — Section 17 — In 1987-1988, the appellant's husband secured a work order; completed in 1993 with an unpaid bill — Arbitration requested, faced delays, and an arbitrator was finally appointed in 2019, issuing an award in 2022 for Rs. 1,33,47,268.92 with interest — Unpaid arbitrator fees delayed award publication — After dues were cleared in November 2022, the appellant filed a Section 17 application in November, dismissed as premature by lower courts — The Supreme Court ru
India Law Library Docid # 2421341

(777) M/S THE HYDERABAD CRICKET ASSOCIATION Vs. M/S CHARMINAR CRICKET CLUB AND ANOTHER [SUPREME COURT OF INDIA] 03-01-2025
Appointment of the Ombudsman and Ethics Officer — The Hyderabad Cricket Association (HCA) challenged the High Court's decision to suspend the appointment of the Ombudsman and Ethics Officer, which was initially contested by the Budding Star Cricket Club — The High Court overturned the suspension and dismissed the suit, leading to the current special leave petitions — During the proceedings, the Supreme Court appointed a Supervisory Committee to oversee HCA elections, later replaced by a Single M
India Law Library Docid # 2421342

(778) OMI @ OMKAR RATHORE AND ANOTHER Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 03-01-2025
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Discretionary and Extraordinary Power — The power under Section 319 CrPC is discretionary and extraordinary, to be used sparingly and only when the circumstances of the case warrant it — It should not be exercised merely because the court believes someone else might be guilty, but only when strong and cogent evidence emerges against that person.
India Law Library Docid # 2421396

(779) SHIV LAL (DECEASED) THROUGH L.R. Vs. THE STATE OF HARYANA AND OTHERS [SUPREME COURT OF INDIA] 03-01-2025
Land Acquisition — Higher Compensation — Appellant, claimed higher compensation for land acquired by the State of Haryana — This claim was considered alongside another case, Ved Prakash & Ors. v. The State of Haryana & Ors. The main issue is whether Shiv Lal's claim for increased land compensation is covered by a previous court decision, Jaspal Singh & Others vs. The State of Haryana and Others. A secondary issue concerns whether to condone the delay in filing appeal, as well as in the Ved Praka
India Law Library Docid # 2421598

(780) CHIEF REVENUE CONTROLLING OFFICER CUM INSPECTOR GENERAL OF REGISTRATION, AND OTHERS Vs. P. BABU [SUPREME COURT OF INDIA] 03-01-2025
Stamp Act, 1899 — Sections 47 and 47A(10) — Power of payer to stamp bills, and promissory notes received by him unstamped — Reason to Believe — The court clarifies that the registering officer must have a valid "reason to believe" that a property is undervalued before referring the matter to the Collector for valuation — This belief cannot be arbitrary or based on subjective satisfaction, but must be supported by some material or objective basis — A mere suspicion or routine check is insufficien
India Law Library Docid # 2421516