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(981) RAMJI PRASAD JAISWAL @ RAMJEE PRASAD JAISWAL AND OTHERS Vs. STATE OF BIHAR[SUPREME COURT OF INDIA] 20-05-2025
Criminal Law — Trial — Examination of accused u/s 313 CrPC — Purpose — Essential for accused to explain incriminating circumstances — Failure to put specific, material incriminating evidence to accused in u/s 313 examination is a serious irregularity — Non-compliance with u/s 313 causes serious prejudice unless non-compliance does not result in miscarriage of justice — Courts must ordinarily exclude from consideration material circumstances not put
India Law Library Docid # 2425908

(982) RAJNI Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 20-05-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 2(33), 15, 18(3), 19(1), 94(2) & (3), 111(1) — Juvenile Justice (Care and Protection of Children) Rules, 2007 — Rule 12(3) — Presumption and determination of age — Procedure for age determination under Section 94(2) JJ Act, 2015 (similar to Rule 12(3) JJ Rules, 2007) mandates reliance on specified documentary evidence (school certificate/matriculation, then birth
India Law Library Docid # 2425909

(983) ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 20-05-2025
Judicial Service — Higher Judicial Service — Promotion — Limited Departmental Competitive Examination (LDCE) — Quota increase — Historical evolution — Initially 25% quota for LDCE based on Shetty Commission recommendations and Third AIJA Case — Reduced to 10% in Fourth AIJA Case due to unfilled vacancies and lack of sufficient eligible candidates — Restoring LDCE quota to 25% will incentivize meritorious Civil Judges (Senior Division) for accelerated promotion; provided unfilled seats revert to
India Law Library Docid # 2425910

(984) THE STATE OF ODISHA AND OTHERS Vs. ALEKH BAG[SUPREME COURT OF INDIA] 20-05-2025
Administrative Law — Judicial Review — High Court’s reliance on prior Full Bench decision of Tribunal — Dismissal of Special Leave Petition (SLP) against that decision on grounds of limitation, not merits, with specific observation that legal questions remain open — High Court erred by overlooking these crucial aspects and
India Law Library Docid # 2433793

(985) M/S PATANJALI FOODS LIMITED (FORMERLY KNOWN AS M/S RUCHI SOYA INDUSTRIES LTD.) Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 19-05-2025
Customs Act, 1962 — Section 14(2) — Tariff Value — Notification — Applicability — Dispute arising from import of crude degummed soyabean oil and requirement to pay higher customs duty based on tariff value fixed under Section 14(2) — Contention that relevant notification was not in effect at time of import — High Court initially dismissed challenge to notification and date of effect
India Law Library Docid # 2425836

(986) ROFIQUL HOQUE Vs. THE UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 19-05-2025
Foreigners Act, 1946 — Section 9 — Burden of Proof — Citizenship — Proceedings before Foreigners Tribunal — Allegations that appellant is a foreigner illegally residing in Assam — Burden on proceedee to prove by cogent documents or evidence that they or their ancestors entered India prior to 25.03.1971.
India Law Library Docid # 2425837

(987) GOPAL DIKSHIT Vs. UNITED INDIA INSURANCE COMPANY LTD.[SUPREME COURT OF INDIA] 19-05-2025
Consumer Protection Act, 1986 — Section 23 — Appeal against NCDRC order dismissing complaint — House Holder Insurance Policy — Claim for damage due to basement flooding — Repudiation based on “seepage” not being a covered peril — Appellant contends damage due to heavy rain and flooding, a covered peril — Distinction between “seepage” and “flooding” due to heavy rain is crucial — First survey report and expert certificates attribute damage to heavy rainfall and flooding — Second, belated survey r
India Law Library Docid # 2425838

(988) SHIVAPPA REDDY Vs. S. SRINIVASAN[SUPREME COURT OF INDIA] 19-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Partnership Firm — Liability of Ex-Partner — Retirement — For a registered firm, public notice of retirement under Section 72 of Partnership Act must be given to the Registrar of Firms and by publication in the Official Gazette and a vernacular newspaper — Mere agreement or resignation deed insufficient for discharging ex-partner’s liability unless registered and published — Cheques issued after claimed retirement but before
India Law Library Docid # 2425839

(989) HAKIM Vs. STATE OF NCT OF DELHI AND ANOTHER[SUPREME COURT OF INDIA] 19-05-2025
Penal Code, 1860 — Section 326A and Section 34 — Voluntarily causing grievous hurt by use of acid, etc. with common intention — Conviction and Sentence — Concurrent findings by Trial Court and High Court — Scope of interference by Supreme Court in criminal appeal arising from special leave — Principles laid down: interference only in exceptional and special circumstances resulting in substantial and grave injustice; avoids reappraisal unless legal/procedural error, misreading/inconsistency in ev
India Law Library Docid # 2425840

(990) RAVINDER SINGH SIDHU Vs. THE STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 19-05-2025
Criminal Procedure Code, 1973 — Section 161 — First Information Report (FIR) — Clubbing/Consolidation — Multiple FIRs in different States concerning similar offences by managing director of a financial company — Petitioner seeking clubbing of FIRs within each State — Prayer for inter-state transfer previously rejected — Court entertained the intra-state clubbing prayer as States did not object — Multiplicity of proceedings against the same accused and involving similar allegations is not in the
India Law Library Docid # 2425841

(991) IN RE: REFIXATION OF PENSION CONSIDERINGSERVICE PERIOD IN DISTRICT JUDICIARY AND HIGH COURT[SUPREME COURT OF INDIA] 19-05-2025
Constitution of India — Article 221 — Salaries etc., of Additional Judges of High Court — Pension — Entitlement — Discrimination — Definition of “Judge” includes Additional Judge — No artificial discrimination in pension entitlement between Permanent Judge and Additional Judge — Both entitled to same basic pension — Status determined by fortuitous circumstances of vacancy availability — Denial of family pension or gratuity to widow/family of Additional Judge is arbitrary — Family pension and gra
India Law Library Docid # 2425843

(992) IN RE PAY AND ALLOWANCE OF THE MEMBERS OF THE U.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION[SUPREME COURT OF INDIA] 19-05-2025
Consumer Protection Act, 2019 — Section 102 — Power of State Government to make rules — Model Rules framed by Central Government — Variances in State Rules regarding pay and allowances of members of State and District Commissions — Necessity for uniform service conditions — Consumer Protection Act, 2019 aimed at better consumer interest protection through established authorities for dispute redressal — Proper remuneration and allowances essential for effective duty discharge by
India Law Library Docid # 2426042

(993) STATE OF LOKAYUKTHA POLICE, DAVANAGERE (STATE BY LOKAYUKTHA POLICE) Vs. C.B NAGARAJ[SUPREME COURT OF INDIA] 19-05-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) read with 13(2) and 20 — Demand, Acceptance and Recovery — Essential ingredients for conviction — Entire chain beginning from demand, acceptance, and recovery must be completed — Money changing hands not ipso facto presumed to be pursuant to a demand — Where initial demand is suspicious, conviction cannot be sustained even if payment
India Law Library Docid # 2425916

(994) RAJO DEVI AND ANOTHER Vs. MANJEET KAUR AND OTHERS[SUPREME COURT OF INDIA] 19-05-2025
Motor Vehicles Act, 1988 — General — Claims for compensation — Nature of proceedings — Beneficial legislation aimed at enhancing social justice — Rigours of procedure should not defeat its purpose — Summary nature of trial.
India Law Library Docid # 2425918

(995) SHAURABH KUMAR TRIPATHI Vs. VIDHI RAWAL[SUPREME COURT OF INDIA] 19-05-2025
Protection of Women from Domestic Violence Act, 2005 — Section 12(1) — Application seeking reliefs — Quashing of proceedings — Criminal Procedure Code, 1973 — Section 482 — Inherent powers of High Court — Whether inherent jurisdiction under Section 482 CrPC can be invoked to quash proceedings initiated under Section 12(1) of the DV Act, 2005 — Proceedings before the Magistrate under the DV Act, 2005, predominantly of a civil nature notwithstanding penal provisions — Application under Section 12(
India Law Library Docid # 2425835

(996) POOJA RAMESHWAR SWAMI Vs. KATHAN BHAGIRATH NAYAK[SUPREME COURT OF INDIA] 19-05-2025
Civil Procedure Code, 1908 (CPC) — Section 25 — Transfer of Civil Cases — Petition filed by wife seeking transfer of Guardianship proceedings from Ahmedabad, Gujarat to Karad, Maharashtra — Court noted wife resides with younger child in rental home, husband (a doctor) works 180 km away in Dudiya and has custody of elder daughter — Efforts to reconcile parties unsuccessful — Transfer Petition
India Law Library Docid # 2433792

(997) SANJAY KUMAR Vs. STATE OF HARYANA[SUPREME COURT OF INDIA] 19-05-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Anticipatory Bail — Appellant not named in FIR, no overt act attributed — Sole incriminating evidence against appellant is firearm used in incident registered in his name — Appellant is serving in Indian Army and allegations are false — Held, appellant entitled to anticipatory bail
India Law Library Docid # 2433808

(998) AMAN SIDDIQUI ALIAS AMAN CHAUDHARY ALIAS RAJA Vs. STATE OF UTTARAKHAND[SUPREME COURT OF INDIA] 19-05-2025
Uttarakhand Freedom of Religion Act, 2018, Sections 3/5 and Bharatiya Nyaya Sanhita, 2023, Sections 218(4) and 319 — Bail — Appeal against High Court order rejecting bail — Appellant accused of offences under these sections, alleged to have lodged FIR due to marriage with a person of different faith — Marriage was arranged
India Law Library Docid # 2433813

(999) AASIF RAFIK NADAF Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 19-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 389(1) — Suspension of sentence and release on bail — Appellant convicted under Section 376(2)(j)(n) of IPC and Sections 4, 6, 12 of POCSO Act, sentenced to 10 years rigorous imprisonment — Victim is a minor — High Court rejected prayer for suspension of sentence —
India Law Library Docid # 2433818

(1000) LAXMAN Vs. THE STATE OF U.P[SUPREME COURT OF INDIA] 19-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 389(1) — Suspension of sentence pending appeal — Appellant convicted under Section 307 of IPC, sentenced to 10 years’ rigorous imprisonment, and had undergone incarceration for over two years — Appellant is septuagenarian and suffering from multiple age-related ailments
India Law Library Docid # 2433821