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(961) SIVANKUTTY AND OTHERS Vs. P.K PATRA[SUPREME COURT OF INDIA] 21-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 468 — Bar to taking cognizance after lapse of period of limitation — Offence under Section 323 of Indian Penal Code, 1860 punishable with imprisonment up to one year — Limitation period is one year from the date of offence.
India Law Library Docid # 2433791

(962) SHASHIKALA V REP. THRU HER HUSBAND M.G. SHIVANNA Vs. K. JAYARAM DEAD BY HIS LRS. AND OTHERS[SUPREME COURT OF INDIA] 21-05-2025
Motor Vehicles Act, 1988 — Compensation — Appeal against High Court's enhanced compensation award — Appellant's counsel requested Court to take judicial note of compensation amount stated in respondent-Insurance Company's counter affidavit — Respondent-Insurance Company reiterated the amount when queried by the Court — Appeal allowed based on the compensation amount stated by the
India Law Library Docid # 2433794

(963) SURESH KUMAR Vs. DIRECTORATE OF ENFORCEMENT[SUPREME COURT OF INDIA] 21-05-2025
Prevention of Money Laundering Act, 2002 — Section 45 — Bail — Considerations for granting bail — Rigors of Section 45 can be relaxed when facts and circumstances warrant, even without commenting on the merits of the case — Release on bail subject to furnishing bail bonds and conditions imposed by the Special Court — Liberty granted to the prosecution to seek modification or recall of
India Law Library Docid # 2433811

(964) BHUPINDER SINGH Vs. UNITECH LTD. AND OTHERS[SUPREME COURT OF INDIA] 21-05-2025
Real Estate — Project Approvals — Authority directed to process lay out and building plans for specific projects within a specified period, without prejudice to its right to recover outstanding dues.
India Law Library Docid # 2433825

(965) SAURABH KUMAR JHA Vs. THE STATE OF BIHAR[SUPREME COURT OF INDIA] 21-05-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Appeal against High Court’s refusal to grant anticipatory bail — Supreme Court granted leave to appeal and interim protection — Appellant argued that the relationship with the complainant was consensual and the FIR was filed after discontinuation of the relationship, lacking criminal intent — State opposed bail citing previous rejections
India Law Library Docid # 2433829

(966) PUJA MANORAMA DILIP KHEDKAR Vs. STATE OF NCT OF DELHI AND ANOTHER[SUPREME COURT OF INDIA] 21-05-2025
Criminal Procedure Code, 1973 (CrPC) / Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 438 (anticipatory bail) / Section 482 (anticipatory bail) — Grant of anticipatory bail — Circumstances — Appellant apprehended arrest for
India Law Library Docid # 2433776

(967) HARENDRA KUMAR Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 21-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Considerations for grant of bail — Co-accused released on bail — Trial in progress — Majority of prosecution witnesses turning hostile — Further detention not necessary — Supreme Court set aside High Court's order rejecting bail and granted bail to the appellant.
India Law Library Docid # 2433785

(968) PHULKUNWAR BAI KURRE Vs. RAJESH DAS MANIKPURI AND OTHERS[SUPREME COURT OF INDIA] 21-05-2025
Motor Vehicles Act, 1988 — Sections 147, 173 — Insurance — Liability of Insurance Company — Plea for pay and recover from owner — In cases arising from the same accident, compensation was granted and Insurance Company directed to pay and recover from owner — Appellant denied this right, causing arbitrary and iniquitous treatment — High Court's discretion to exempt Insurance Company from
India Law Library Docid # 2433790

(969) UNION OF INDIA AND OTHERS Vs. MEGHA TECHNICAL AND ENGINEERS PVT. LTD.[SUPREME COURT OF INDIA] 20-05-2025
Railways Act, 1989 — Penal Freight — Excess Weight — Requirement of Hearing — Full Bench of High Court holding prior hearing is mandatory before imposing penal freight for excess weight detected on off-loading challenged — Subsequent compliance by Railways and appropriation of deposited penalty amount render the specific case academic, but general issue of conflicting High Court views remain
India Law Library Docid # 2426443

(970) UNION OF INDIA AND OTHERS Vs. NO.900224364 CONST/G.D. JAGESHWAR SINGH[SUPREME COURT OF INDIA] 20-05-2025
Service Law — Dismissal from service — Para Military Force — Insensitive Border Area — Sentry Duty — Theft of cash from guarded cash box — Gross misconduct involving moral turpitude — Proportionality of punishment — Principle of proportionality is embedded in constitutionalism (Arts. 14, 16, 21) and forbids arbitrary, vengeful
India Law Library Docid # 2426444

(971) UNION OF INDIA AND OTHERS Vs. MEGHA TECHNICAL AND ENGINEERS PVT. LTD.[SUPREME COURT OF INDIA] 20-05-2025
Railways — Penal Freight — Excess Weightage — Imposition without hearing — High Court's view that opportunity of hearing mandatory before imposing penalty for excess weightage is not in conformity with settled principles — Practical difficulties in conducting mini-trial at offloading site
India Law Library Docid # 2426250

(972) UNION OF INDIA AND OTHERS Vs. NO.900224364 CONST/G.D. JAGESHWAR SINGH[SUPREME COURT OF INDIA] 20-05-2025
Indo Tibetan Border Police Act, 1992 — Section 11 — Misconduct by Constable — Robbery of cash entrusted for protection — Severity of misconduct in disciplined force — Constable on sentry duty guarding cash box containing significant funds for disbursement to Coy personnel — Alleged act of breaking open Kote lock, taking cash, concealing box, and absconding — Incident reported, FIR filed, Court of Enquiry conducted — Guilt established based on multiplicity
India Law Library Docid # 2426251

(973) UNION OF INDIA AND OTHERS Vs. KESANG DORJEE AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Requisitioning and Acquisition of Immovable Property Act, 1952 — Section 3 — Requisition of Property — Public Purpose — Indian Army taking possession of land near Line of Actual Control for public purpose of the Union — Possession taken in purported exercise of powers under Section 3 of the Act, which allows requisition for necessary public purposes. (Paras 3, 7, 13)

B. Requisitioning and Acquisition of Immovable Property Act, 1952 — Section 4 — Taking Physical Possession — Authority vested wi
India Law Library Docid # 2426253

(974) WE THE WOMEN OF INDIA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Protection of Women from Domestic Violence Act, 2005 — Objectives and Constitutional Basis — Enacted to provide effective protection to women victims of domestic violence, furthering the rights guaranteed under the Constitution, particularly Article 15(3) for the protection of women.
India Law Library Docid # 2426258

(975) K. H. KAMALADINI Vs. STATE[SUPREME COURT OF INDIA] 20-05-2025
Criminal Procedure Code, 1973 — Section 226 — Discharge — Scope of Inquiry — At the stage of framing charge, the Court is permitted to examine only documents forming part of the chargesheet, not other material
India Law Library Docid # 2425902

(976) A.M. KULSHRESTHA Vs. UNION BANK OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Constitution of India — Article 226 — Writ Jurisdiction — Scope of Interference — Disciplinary proceedings — Challenge to charge sheet — Quashing of charge sheet — High Court’s power to interfere at interlocutory stage — While generally High Court ought not interfere at investigation or inquiry stage, exceptions exist where allegations or circumstances render process abuse of law or patently unjust — Malice, arbitrariness, and violation of admitted mandatory procedure are grounds for interventio
India Law Library Docid # 2425903

(977) SHITAL FIBERS LIMITED Vs. COMMISSIONER OF INCOME TAX[SUPREME COURT OF INDIA] 20-05-2025
Income Tax Act, 1961 — Section 80-IA(9) — Deduction in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development etc. — Restriction on double deduction — Plain reading of Sub-section (9) indicates that where deduction is claimed and allowed under Section 80-IA, deduction to the extent of such profits and gains shall not be allowed under any other provision under heading ‘C’ of Chapter VI-A — Restriction does
India Law Library Docid # 2425904

(978) S. JANAKI IYER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Departmental Inquiry — Dismissal from Service — Challenge to — Violation of principles of natural justice — Non-supply of preliminary inquiry report — Allegation that chargesheet is vague — Allegation of inordinate delay in inquiry proceedings — Non-supply of requested documents
India Law Library Docid # 2425905

(979) RAMPAT AZAD (R.P. AZAD) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Service Law – Appointment – Junior Field Officer (JFO) – Initial appointment as Group B, Non-Gazetted JFO in the pay scale of Rs. 550-900 (pre-revised) under a temporary plan scheme on ad-hoc basis, without claim to regular appointment. (Para 2)

B. Service Law – Redesignation and Downgrading – Junior
India Law Library Docid # 2425906

(980) SMT. SHAIFALI GUPTA Vs. SMT. VIDYA DEVI GUPTA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Maintainability of suit — Challenged on grounds of Benami Transaction (Prohibition) Act, 1988 and Hindu Succession Act, 1956 — Application moved by subsequent purchasers, not principal defendants — Principle: For rejecting a plaint under Order VII Rule 11(d), it must appear demonstrably without doubt or dispute from the plaint averments that the suit is barred by statute — If maintainability depends on disputed questions of fac
India Law Library Docid # 2425907