Friday, April 4, 2025

Important Recent Decisions : April 2025

Important Recent Decisions : April 2025

  1. M/S FERRO CONCRETE CONSTRUCTION (INDIA) PVT. LTD. v State of Rajasthan [2025] GCtR 756 (SC) 
  2. THE SUPERINTENDING ENGINEER, OPERATION, TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LTD. & ORS. v. Bhaskara Chary [2025] GCtR 783 (SC) 
  3. THE GENERAL MANAGER BUSINESS NETWORK PLANNING (RETAIL) BHARAT PETROLEUM CORPORATION LIMITED & ANR.  v P. Soundarya [2025] GCtR 782 (SC) 
  4. Manish v. State of Maharashtra [2025] GCtR 784 (SC)
  5. Ashok Singh v. State of UP [2025] GCtR 755 (SC) 
  6. A. Rajendra v. Gonugunta Madhusudhan Rao [2025] GCtR 786 (SC) 
  7. Soumen Paul v. Shrabani Nayek [2025] GCtR 785 (SC)
  8. Biswajyoti Chatterjee v. State of WB [2025] GCtR 798 (SC)
  9. SEBI v. Ram Kishori Gupta [2025] GCtR 799 (SC).
  10. Sohom Shipping Pvt Ltd v. New India Assurance Co. Ltd [2025] GCtR 796 (SC)
  11. Nikhila Divyang Mehta v. Hitesh P. Sanghvi [2025] GCtR 828 (SC).
  12. Cryogas Equipment Pvt Ltd v. Inox India Ltd [2025] GCtR 827 (SC).
  13. Pinki v. State of UP [2025] GCtR 826 (SC).
  14. Prabhjot Kaur v. State of Punjab [2025] GCtR 810 (SC).
  15. State of Tamil Nadu v. Governor of Tamil Nadu [2025] GCtR 821 (SC).
  16. Rakesh Kumar Verma v. HDFC Bank Ltd [2025] GCtR 846 (SC).
  17. State of Karnataka v. Nagesh [2025] GCtR 838 (SC).
  18. S.C. Garg v. State of UP [2025] GCtR 837 (SC).
  19. The Correspondence, RBANMS Educational Institution v. B. Gunashekar [2025] GCtR 835 (SC).
  20. Varshatai v. State of Maharashtra [2025] GCtR 833 (SC).
  21. State of HP v. Shamsher Singh [2025] GCtR 853 (SC) - On Section 307 of IPC.
  22. Adavya Projects Pvt Ltd v. Vishal Structurals Pvt Ltd [2025] GCtR 852 (SC) - On Section 21 of Arbitration and Conciliation Act, 1996.
  23. N. Eswaranathan v. State [2025] GCtR 851 (SC) - On role of Advocates and AORs and consequences of violations by Advocates or AORs.
  24. Shahed Kamal v. Surti Developers Pvt Ltd [2025] GCtR 849 (SC) - On right to peaceful protest by consumers against business entities.
  25. DRI v. Raj Kumar Arora [2025] GCtR 848 (SC) - On Section 216 of Code of Criminal Procedure, 1973 and deletion of charge in criminal cases.
  26. Ankit Mishra v. State of MP [2025] GCtR 854 (SC) - On principles of cancellation of anticipatory bail. "Bail once granted, should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during trial. Once the benefit of anticipatory bail has been given by the High Court, the consideration for its cancellation has to be tested on the anvil as to whether the High Court has committed any serious error in law while granting anticipatory bail in the facts and circumstances of the case."
  27. Ajay Raj Shetty v. Director [2025] GCtR 855 (SC) - On S.85 of Employees' State Insurance Act, 1948. From S.2 (17) of ESI Act, 1948, it is clear that the definition also includes a ‘managing agent’ of the Owner/Occupier in the case of a factory or ‘named as the manager of the factory under the Factories Act, 1948’ and for ‘any other establishment’, ‘principal employer’ would include ‘any person responsible for the supervision and control of the establishment’. Therefore, designation of a person can be immaterial if such person otherwise is an agent of the Owner/Occupier or supervises and controls the establishment in question.  Non-remittance of the contribution deducted from the salary of an employee to the ESIC is a offence under Section 85(a) of the ESI Act, 1948 and punishable under Section 85(i)(a) of the Act.
  28. Satish Chander Sharma v. State of Himachal Pradesh [2025] GCtR 836 (SC) : "A decision rendered by Supreme Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction under Article 136 of the Constitution of India, cannot be assailed directly or collaterally under Article 32 of Constitution of India. Remedy of an aggrieved litigant is to file for review."
  29. Ram Kishan v. State of Haryana [2025] GCtR 856 (SC) - On compensation for land acquisition under Land Acquisition Act, 1894.
  30. Uma Devi v. Anand Kumar [2025] GCtR 857 (SC) - On delay in filing suits after 45 years. Suit filed by the plaintiffs was termed a meaningless litigation, which did not disclose a proper cause of action and was barred by limitation. Application under Order 7 Rule 11 of Code of Civil Procedure, 1908 deserves to be allowed. If on an entire and meaningful reading of the plaint, it is found that the suit is manifestly vexatious and meritless in the sense of not disclosing any right to sue, the court should exercise power under Order VII Rule 11. Even when, the allegations made in the plaint are taken to be correct as a whole on their face value, if they show that the suit is barred by any law, or do not disclose cause of action, the application for rejection of plaint can be entertained and the power under Order V11 Rule 11 of Code, 1908 can be exercised. If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.




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