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(121) G. GANESAN Vs. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT[MADRAS HIGH COURT] 08-12-2025
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 528, Section 223(1), Section 531(2)(a) — BNSS vs. Code of Criminal Procedure (CrPC), 1973 (erstwhile Code) — Applicability of BNSS Section 223(1) (mandating hearing before taking cognizance) — BNSS came into force on 01.07.2024 — If criminal proceedings
India Law Library Docid # 2436678

(122) AMARJIT THAPAR Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 08-12-2025
Penal Code, 1860 (IPC) — Section 420 (Cheating) — Conviction and Sentence upheld by Appellate Court challenged in Revision — Offence committed in 2015 — Compromise — Petitioner convicted for cheating (Section 420 IPC) following non-fulfillment of promise to send complainant's son abroad and non-return of money — Parties are co-villagers, dispute amicably settled during pendency of revision petition
India Law Library Docid # 2436939

(123) M/S. KUMAR BEHARAY PROPERTIES LLP THROUGH ITS AUTHORIZED SIGNATORY Vs. SHRI RAJESH CHANDRAKANT SHINDE AND OTHERS[BOMBAY HIGH COURT] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 (d) — Rejection of Plaint — Limitation — Vexatious Litigation — When considering an application under Order 7 Rule 11, the Court must undertake a meaningful reading of the entire plaint, not just a mechanical reading of averments, to ascertain if a real cause of action exists or if the suit is barred by law (including limitation) — The purpose of Order 7 Rule
India Law Library Docid # 2436985

(124) KEDAR Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 08-12-2025
Constitution of India, 1950 — Article 46 — Promotion of educational and economic interests of Scheduled Tribes (ST) — State’s responsibility — The state is mandated to promote the educational and economic interests of STs and protect them from social injustice — Denying admission or failing to create a supernumerary post for a qualified
India Law Library Docid # 2437002

(125) VIBHA Vs. SHAILESH[BOMBAY HIGH COURT (NAGPUR BENCH)] 08-12-2025
Protection of Women from Domestic Violence Act, 2005 — Maintenance and Compensation — Judicial Review against Appellate Order — The Trial Court granted maintenance of Rs. 10,000/- each to wife and son, Rs. 10,000/- monthly rent, and Rs. 2,00,000/- compensation, along with direction to return 'Stree Dhan' and other articles — The Appellate Court modified maintenance to Rs. 5,000/- each, reduced compensation to Rs. 50,000/-, and quashed directions regarding rent and return of articles — High Court
India Law Library Docid # 2437112

(126) MARIA MARTA VAZ AND OTHERS Vs. JACINTA PEREIRA[BOMBAY HIGH COURT (GOA BENCH)] 08-12-2025
Goa Succession, Special Notaries And Inventory Proceeding Act, 2012 — Section 446 — Amendment of partition — Re-opening of Inventory Proceedings — Order allowing re-opening for amending final partition based on a Will, without consent of all parties, is beyond jurisdiction under Section 446 — Section 446 requires agreement of parties for amendment, except for clerical or arithmetical errors under the proviso — Disputed claims, such as those based on a testamentary disposition not considered in f
India Law Library Docid # 2437126

(127) SONIA VIRK Vs. ROHIT VATS[SUPREME COURT OF INDIA] 05-12-2025
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court
India Law Library Docid # 2436310

(128) SMT. BOLLA MALATHI Vs. B. SUGUNA AND OTHERS[SUPREME COURT OF INDIA] 05-12-2025
General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber
India Law Library Docid # 2436311

(129) ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD. Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 05-12-2025
Administrative Law — Judicial Review of Executive Action — Good Governance — Simplicity in Public Transactions — Principles of illegality and irrelevant considerations — An executive action or memorandum that mandates unnecessary, excessive, or superfluous requirements, even if aimed at preventing misuse (e.g., by fake societies), is illegal and must be set aside if the requirement lacks value addition
India Law Library Docid # 2436312

(130) THE STATE OF JHARKHAND Vs. THE INDIAN BUILDERS JAMSHEDPUR[SUPREME COURT OF INDIA] 05-12-2025
Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Arbitral Award — Excepted or Prohibited Claims — Contractual clauses barring certain claims (e.g., for idle labour, idle machinery, business loss) — Judicial review of awards involving prohibited claims — Applicability of such clauses primarily depends on the agreement between the parties, guided by the principle of party autonomy — Arbitral
India Law Library Docid # 2436313

(131) SMT. MAMTA GURJAR Vs. POOJA KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 05-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Code of Criminal Procedure (Cr.P.C.) — Section 197 (Protection to Public Servants) — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 218 (equivalent to Section 197 Cr.P.C.) — Complaint against Police Officials — Custodial Violence and Assault — Maintainability without Sanction — Petitioners (Police Officials) sought quashing of
India Law Library Docid # 2436289

(132) SMT. MAYA DHAKAD Vs. SHRI BHARAT DHAKAD[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-12-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — Challenging Appellate Order on Temporary Injunction — Power under Article 227 is exercised to correct manifest injustice, jurisdictional error, or perversity, not merely because a different view is possible — High Court affirmed the Appellate Court's decision granting temporary injunction as it found the order legal, proper, and
India Law Library Docid # 2436290

(133) RANI @ RAJ KUMARI AND OTHERS Vs. KAMLAKAT GUPTA AND OTHERS[SUPREME COURT OF INDIA] 05-12-2025
Motor Vehicles Act, 1988 — Section 166 — Fatal accident claim — Deceased aged 33 years, survived by seven dependents (wife, four minor children, and parents) — Calculation of income — Consideration of income from both documented employment (stone crusher unit) and agricultural activity — Although documentary evidence for income beyond salary was lacking, it is reasonable to presume some income from agricultural activity given the farming background — Claimants' assertion of Rs. 6,000/- monthly s
India Law Library Docid # 2436484

(134) R. LOGESHKUMAR Vs. P. BALASUBRAMANIAM AND ANOTHER[SUPREME COURT OF INDIA] 05-12-2025
Motor Vehicles Act, 1988 — Compensation — Enhancement — Principles — Supreme Court’s power to award 'just compensation' exceeding the amount claimed — While enhancing compensation for a 21-year-old Appellant suffering 100% functional disability (due to hemiparesis, disfigurement, and brain injuries) — Supreme Court relied on 'Nagappa v. Gurudayal Singh' to award compensation in excess of the amount claimed by using evidence on record to arrive at just and fair
India Law Library Docid # 2436485

(135) MANOJ Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 05-12-2025
Criminal Law — Appeal against Conviction — Sexual Offences — Penal Code, 1860 (IPC) — Section 376(2) — Protection of Children from Sexual Offences (POCSO) Act, 2012 — Section 6 — Appreciation of Evidence — Requirement of proof beyond reasonable doubt — Reappraisal of evidence necessary when key prosecution witnesses (victim and mother) turn hostile, retracting earlier allegations
India Law Library Docid # 2436527

(136) MAHENDER SINGH Vs. RAKESH SINGH[PUNJAB AND HARYANA HIGH COURT] 05-12-2025
Specific Relief Act, 1963 — Suit for Specific Performance — Maintainability when Agreement to Sell is unilaterally cancelled — Necessity of seeking declaration that cancellation is bad — Where the vendor unilaterally cancels the Agreement to Sell, the vendee seeking specific performance must generally seek a declaration that the cancellation is bad and not binding, as a cancelled agreement is non-existent in law — However, where the sole ground for cancellation stated by the vendor (failure
India Law Library Docid # 2436937

(137) GURMEJ SINGH AND OTHERS Vs. UNION OF INDIA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 05-12-2025
Unlawful Activities (Prevention) Act, 1967 (UAP Act) — Section 43D(5) — Bail — Applicability of Embargo — The proviso to Section 43D(5) imposes a strict condition against granting bail if the Court, upon perusal of the case diary or the report under Section 173 Cr.P.C., finds "reasonable grounds for believing that the accusation against such person is prima facie true" — The conventional bail jurisprudence (bail is the rule, jail is the exception) does not apply to UAP Act cases;
India Law Library Docid # 2436938

(138) GAJANAN AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 05-12-2025
Penal Code, 1860 (IPC) — Section 302 — Murder — Conviction of Accused No. 1 — Homicidal Death — Appreciation of evidence — Evidence of eyewitnesses (daughter and injured sons of deceased) regarding Accused No. 1 going home, returning with a knife, stabbing the injured, and fatally stabbing the deceased on the neck — Corroboration by medical evidence (Post Mortem Report, nature of injuries, and possibility of injuries by recovered weapon) and circumstantial evidence (recovery of
India Law Library Docid # 2437111

(139) NEERAJ KUMAR @ NEERAJ YADAV Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 04-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of Additional Accused — Nature and Scope of Power — The power under Section 319 CrPC is extraordinary and discretionary, intended to be exercised sparingly, but it is an enabling provision aimed at ensuring that no guilty person escapes the process of law — The prerequisite for its exercise is that it must appear from the evidence
India Law Library Docid # 2436277

(140) BPL LIMITED Vs. MORGAN SECURITIES AND CREDITS PRIVATE LIMITED[SUPREME COURT OF INDIA] 04-12-2025
Arbitration and Conciliation Act, 1996 — Section 31(7)(a) and (b) — Power of Arbitral Tribunal to grant interest — Party Autonomy — Pre-award (pendente lite) interest — Section 31(7)(a) mandates that the Arbitral Tribunal’s discretion to award interest on the sum awarded (from date cause of action arose till date of award) is subject to the agreement between the parties ("unless otherwise agreed by the
India Law Library Docid # 2436278

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