(121) RAMYASH @ LAL BAHADUR Vs. THE STATE OF UTTAR PRADESH AND ANOTHER ETC. ETC.[SUPREME COURT OF INDIA] 23-04-2025 Criminal Procedure Code, 1973 — Section 362 — Finality of Judgment — Scope of Correction — Once a Court has signed its judgment or final order disposing of a criminal case, Section 362 Cr.P.C. prohibits any alteration or review of the same, except for the limited purpose of correcting a clerical or arithmetical error — The provision mandates finality to judgments after signature. India Law Library Docid # 2424982
(122) MOHAMMAD KHAN Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 23-04-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 [Corresponding to Section 439 Cr.P.C.] — Bail — Considerations — Allegation of Conspiracy vs. Specific Overt Act — Statement under Section 164 Cr.P.C. — In evaluating a bail application under Section 483 BNSS for offences including Sections 191(2), 191(3), 190, 331(8), 115(2), 103(1) and 61(2)(a) of the Bharatiya Nyaya Sanhita (BNS), the Court considers the specific role attributed to the accused. Where the primary allegation is of co India Law Library Docid # 2425050
(123) DINESH SHARMA Vs. EMGEE CABLES AND COMMUNICATION LTD. AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Civil vs. Criminal Nature of Dispute — The High Court commits a serious error in quashing an FIR alleging offences under Sections 420, 406, 120B IPC solely on the premise that the dispute arises out of a long-standing business transaction and non-payment of dues, thereby deeming it purely civil in nature — The existence of a civil remedy or a contractual relationship does not automatically bar criminal prosecution if the allegations India Law Library Docid # 2425097
(124) SAKINA SULTANALI SUNESARA (MOMIN) Vs. SHIA IMAMI ISMAILI OMIN JAMAT SAMAJ AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Civil Procedure Procedure, 1908 — Order 23 Rule 3 (Proviso), Rule 3A, Order XLIII Rule 1A(2) & Section 96(3) — Remedy Against Compromise Decree for a Party to the Suit — A party to a suit who contests the factum or validity (lawfulness) of a compromise recorded by the court, resulting in a consent decree, cannot directly maintain a First Appeal under Section 96(1) CPC challenging the decree on that ground — The mandatory and exclusive first remedy for such a party, post the 1976 Amendment Act (A India Law Library Docid # 2425098
(125) DURGA PRASAD Vs. GOVT. OF NCT OF DELHI AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Service Law — Disciplinary Proceedings — Remand vs. Finality — Extraordinary Delay — While the ordinary rule in judicial review is to remand the matter to the disciplinary authority upon finding a procedural deficiency, this rule is not absolute — Where there has been an extraordinary and inordinate delay between the incident giving rise to the charges and the final culmination of proceedings, coupled with the employee's superannuation and advanced age, the High Court (or Supreme Court) can exer India Law Library Docid # 2425099
(126) SITAL PRASAD SHAW @ GUPTA AND ANOTHER Vs. ASHISH BHATTACHARYA AND ANOTHER[CALCUTTA HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 — Sections 401 & 482 — Railway Property (Unlawful Possession) Act, 1966 — Section 3(a) — Quashing of Proceedings — Delay — Abuse of Process — Criminal Revision application filed seeking quashing of proceedings under Section 3(a) of the Railway Property (Unlawful Possession) Act, pending since 1982 (approximately 43 years) — Held, continuation of prosecution after such inordinate delay, largely unattributable to the accused, constitutes a sheer abuse of India Law Library Docid # 2425162
(127) X ETC. Vs. RAJESH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 7 — Sexual Assault — Interpretation — Physical Contact with Sexual Intent — Teacher-Student Relationship — The definition of ‘sexual assault’ under Section 7 of the POCSO Act, specifically the phrase “does any other act with sexual intent which involves physical contact without penetration,” is not limited to touching specific body parts — Physical contact, such as a teacher holding a student’s hand while using a compute India Law Library Docid # 2425136
(128) SHASHANKBHAI JAYANTIBHAI SHAH Vs. HDFC BANK LTD. AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Negotiable Instruments Act, 1881 — Section 138 & 141 — Insolvency and Bankruptcy Code, 2016 — Sections 14, 94, 96, 100, 101 — Moratorium (Corporate and Personal Guarantor) — Effect on Criminal Prosecution — Personal Liability of Directors/Personal Guarantors — The moratorium provisions under the Insolvency and Bankruptcy Code, 2016, whether relating to corporate insolvency (Section 14) or insolvency resolution of personal guarantors (interim moratorium under Section 96 upon application filing un India Law Library Docid # 2425138
(129) SHAMBHU CHOUDHARY Vs. THE STATE OF BIHAR[SUPREME COURT OF INDIA] 23-04-2025 Criminal Procedure Code, 1973 — Section 313 — Examination of Accused — Mandatory Duty of Court and Object — Under Section 313 CrPC, it is the mandatory duty of the trial court to put each material circumstance appearing in the prosecution evidence against the accused specifically, distinctively, and separately — The object is to enable the accused to get full notice of every incriminating circumstance brought on record so that they can effectively explain the same, if desired, and consider adduc India Law Library Docid # 2425139
(130) FERASAT Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 — Section 386 — Disposal of Appeal on Merits in Absence of Appellant/Counsel — An appellate court is empowered to hear and dispose of a criminal appeal on its merits after perusing the record and judgment of the trial court, even in the absence of the appellant or their counsel — Adjournment is not mandatory in such circumstances, following the principle laid down in Surya Baksh Singh vs. State of Uttar Pradesh, (2014) 14 SCC 222 India Law Library Docid # 2425274
(131) STATE OF U.P. Vs. PUSHPENDRA ALIAS GABBAR[ALLAHABAD HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 — Sections 378 — Appeal against acquittal — Scope of interference by High Court — Principles governing appeal against acquittal revisited — High Court’s power to re-appreciate evidence — Necessity to overcome double presumption of innocence (strengthened by acquittal) — Interference warranted only if trial court findings are patently perverse, based on misreading/omission of material evidence, or if only conclusion possible is guilt — Slowness of appellate court in India Law Library Docid # 2425270
(132) MITHU SINGH Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 197 — Sanction for Prosecution — Public Servant — Test of “Acting or Purporting to Act in Discharge of Official Duty” — The protection under Section 197 CrPC, requiring prior sanction for prosecuting a public servant (not removable save by or with the sanction of the Government), is available only when the alleged offence is reasonably connected with the discharge of official duty — The act complained of must fall within the scope and range of offic India Law Library Docid # 2425387
(133) STATE OF RAJASTHAN Vs. NAINA RAM[RAJASTHAN HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal Against Acquittal — Scope of Interference — Principles Reiterated — An appellate court, in an appeal against acquittal, must recognize that acquittal strengthens the presumption of innocence — While entitled to reappreciate evidence, the court must consider if the trial court’s view was a possible one based on the record — If plausible, the acquittal cannot be overturned merely because another view is possible — Interference is permissi India Law Library Docid # 2425417
(134) VIKRAM SINGH Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 23-04-2025 Penal Code, 1860 (IPC) — Sections 300 Exception IV, 302, 304 Part I — Culpable Homicide vs. Murder — Sudden Fight — Knowledge vs. Intention — Where death is caused by a single blow with a sharp-edged weapon (spear) inflicted on the head (a vital part) during a sudden quarrel arising from a trivial issue (playing loud music during Holi), without premeditation or prior enmity between the parties, the act falls within Exception IV to Section 300 IPC — Although the accused lacked the intention to ca India Law Library Docid # 2425418
(135) KANHAIYA LAL AND OTHERS Vs. THE VYAVASTHAK MURLIWALA AGROTEK LIMITED[RAJASTHAN HIGH COURT] 23-04-2025 Payment of Wages Act, 1936 — S. 2(vi)(b) — Factories Act, 1947 — S. 48 — “Wages” — Overtime Pay — Statutory Right — Remuneration payable for overtime work, mandated by Section 48 of the Factories Act for work exceeding prescribed weekly hours, falls squarely within the definition of “wages” under Section 2(vi)(b) of the Payment of Wages Act — The entitlement to overtime wages arises from statute and does not require a specific, separate contractual stipulation — An appellate court errs in law an India Law Library Docid # 2425419
(136) PURSHOTTAM SINDHI AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-04-2025 Penal Code, 1860 (IPC) — Section 304B — Indian Evidence Act, 1872 — Section 113B — Dowry Death — Pre-requisites for Conviction and Presumption — To establish the offence of dowry death under Section 304B IPC and to invoke the statutory presumption under Section 113B of the Evidence Act, the prosecution must first prove beyond reasonable doubt that soon before her death, the deceased woman was subjected to cruelty or harassment by her husband or his relatives for, or in connection with, any deman India Law Library Docid # 2425440
(137) CHITARMAL YADAV AND OTHERS Vs. SMT. DEEPTI SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-04-2025 Specific Relief Act, 1963 — Section 16 — Specific Performance of Contract — Lack of Title in Vendor — Effect of Setting Aside Foundational Mutation Entry — Where the vendors’ (defendant Nos. 1 and 2) claim to khatedari rights over the suit property was based solely on a mutation entry dated 17.05.1989, which was subsequently set aside in revenue proceedings vide order dated 26.12.2008 upon finding that the said entry was forged and title rightfully belonged to another (defendant No. 4, tracing t India Law Library Docid # 2425441
(138) M/S DEEPAK AND CO THROUGH ITS PARTNER SMT POONAM PORWAL Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND ANOTHERS[DELHI HIGH COURT] 22-04-2025 Tender — Integrity Pact (Annexure ‘G’) — Deficiency — Absence of Witness Signatures — Rectification Post Bid Opening — Permissibility — Discussion on whether permitting a bidder (Respondent No. 2) to rectify the deficiency of missing witness signatures on the submitted Integrity Pact (Annexure ‘G’) after the opening of financial bids vitiates the tender process. Consideration of the nature of the Integrity Pact as a document signifying compliance in anticipation of the award, rather than purely India Law Library Docid # 2424862
(139) RAMANUJ KUMAR Vs. PRIYANKA[SUPREME COURT OF INDIA] 22-04-2025 Constitution of India, 1950 — Article 142 — Hindu Marriage Act, 1955 — Dissolution of Marriage — Irretrievable Breakdown — Where the marriage between the parties has completely and irrevocably broken down, evidenced by long separation (over a decade), failed reconciliation attempts, absence of marital ties, and no willingness shown by either party to restore the marital bond, the Court, in order to do complete justice and prevent the perpetuation of hardship, can exercise its jurisdiction under India Law Library Docid # 2424913
(140) KANCHHU Vs. PRAKASH CHAND AND OTHER[SUPREME COURT OF INDIA] 22-04-2025 Constitution of India, 1950 — Article 227 — Code of Civil Procedure, 1908 — Order 9 Rule 13 — Supervisory Jurisdiction — Setting Aside Ex Parte Decree — Scope of Interference — The High Court, while exercising its supervisory jurisdiction under Article 227 of the Constitution over orders dismissing an application under Order 9 Rule 13, CPC, is required to examine the correctness and legality of the findings rendered by the lower courts regarding the sufficiency of cause shown by the defendant fo India Law Library Docid # 2424914