Annamalai vs. Vasanthi and Others [2025 INSC 1267] Can plea regarding maintainability of the suit be raised for the first time at the appellate stage? RELEVANT PARAGRAPH 31. From the aforesaid decisions what is clear is that though a plea regarding maintainability of the suit, even if not raised in written statement, may be raised […]
Annamalai vs. Vasanthi and Others [2025 INSC 1267] When a declaratory relief is essential RELEVANT PARAGRAPH 25. A declaratory relief seeks to clear what is doubtful, and which is necessary to make it clear. If there is a doubt on the right of a plaintiff, and without the doubt being cleared no further relief can
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Leelavathi N. and Ors. Etc. vs. The State of Karnataka and Ors. Etc. [2025 INSC 1242] When can a writ petition under Article 226 be maintained despite alternate remedy RELEVANT PARAGRAPH 36. A careful perusal of the aforesaid judgments leads us to the conclusion that where an efficacious alternate remedy is available, the High Court
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Kannaiya vs. State of Madhya Pradesh [2025 INSC 1246] When the genesis and manner of the incident itself are doubtful, conviction cannot be sustained RELEVANT PARAGRAPH 58. In this regard, reference may be made to the decision of this Court in Pankaj v. State of Rajasthan, wherein it was emphasised that when the genesis and
Rajendra Bihari Lal and Another vs. State Of Uttar Pradesh And Others [2025 INSC 1249] Whether multiple FIRs pertaining to the same alleged offence are maintainable? RELEVANT PARAGRAPH 96. A plain reading of Section 154 of the Cr.P.C. makes it clear that a police officer is not obliged to record every subsequent piece of information
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Rajendra Bihari Lal and Another vs. State Of Uttar Pradesh And Others [2025 INSC 1249] Whether an FIR can be quashed after the filing of chargesheet? RELEVANT PARAGRAPH 87. It was held by this very Bench in Somjeet Mallick v. State of Jharkhand & Ors., reported in (2024) 10 SCC 527, that a petition to
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Union of India & Ors. vs. Subit Kumar Das [2025 INSC 1235] Mere placement in the wait list does not create any vested right for being appointed to a post RELEVANT PARAGRAPH 12. While considering the entitlement of the respondent to any relief on the basis of his placement in the Reserved Panel, it would
Shivkumar @ Baleshwar Yadav vs. The State of Chhattisgarh [2025 INSC 1231] Witness must not be declared as a matter of course and its decision must be based on material exhibiting untruth or hostility RELEVANT PARAGRAPH 9. We are at a loss to understand as to why the witness was treated as hostile in the
Rahul Agarwal vs. State of West Bengal & Anr. [2025 INSC 1223] Court can seek voice samples of the accused/witness for the purpose of investigation for a crime RELEVANT PARAGRAPH 8. Following the aforesaid precedent, it was held in Ritesh Sinha that despite absence of explicit provisions in Cr.P.C., a Judicial Magistrate must be conceded
M/s Anvita Auto Tech Works Pvt. Ltd. vs. M/s Aroush Motors & Anr. [2025 INSC 1202] Non-filing of the written statement does not foreclose right of defendant to cross-examine plaintiff witnesses RELEVANT PARAGRAPH 31. There is another consideration why the present appeal deserves to be allowed. The perusal of the records particularly, the order sheet
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