(241) UNITED INDIA INSURANCE CO. LTD. Vs. SOMVIR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 07-05-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Proof of Negligence — Evidentiary value of FIR and acquittal in criminal case — Insurance Company’s appeal against award dismissed — Contention that FIR was against unknown vehicle/driver and driver was later acquitted in criminal trial, rejected — Settled law that MACT decides claims on preponderance of probabilities, not strict rules of evidence, and outcome of criminal trial is not binding — Evidence recorded before Tribunal is to be g India Law Library Docid # 2425628
(242) HARVINDER SINGH NAIN Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 07-05-2025 Service Law — Recruitment — Punjab Jails Department State Service (Class-III Executive) Rules, 1963 — Rule 7 Note 2 — Preference to Sportspersons — Interpretation and Application — Appellant (national level cricketer) applied for Assistant Superintendent Jails under General Category; advertisement (2010) omitted R.7 Note 2 which provided for preference to sportspersons otherwise eligible — Appellant secured 33.06 marks, last selected in General Category secured 44.11; appellant not in waiting li India Law Library Docid # 2425629
(243) DHARAMPAL Vs. ARUN KHANNA[PUNJAB AND HARYANA HIGH COURT] 07-05-2025 Constitution of India — Art. 227 — Supervisory jurisdiction of High Court — Scope — Delay in disposal of appeal by lower appellate court — Direction for time-bound disposal sought by petitioner (appellant before lower court) in CR-2760-2025 — Rejected, as petitioner’s own counsel had been seeking adjournments before lower appellate court for over 3 years and had not pressed stay application — High Court observed it is not for it to run the roster of the lower appellate court — Petition India Law Library Docid # 2425630
(244) YASHVIR SAINI Vs. SHAMSHER SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 07-05-2025 Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting aside ex parte decree — Sufficient cause for non-appearance — Petitioner-defendant’s plea of non-service and improper Munadi rejected — Concurrent findings of courts below upheld — Petitioner was served in a connected suit (Rambati v. Yashvir Saini) at address “250/20 Sainipura, Rohtak” and chose not to appear, thus deemed to have knowledge of instant suit by Shamsher Singh (consolidated with Rambati’s suit) where his address was given as “6 India Law Library Docid # 2425631
(245) RAMKIRAT MUNILAL GOUD Vs. STATE OF MAHARASHTRA ETC.[SUPREME COURT OF INDIA] 07-05-2025 Criminal Trial — Circumstantial Evidence — Standard of Proof — Conviction based entirely on circumstantial evidence requires prosecution to prove complete and unbreached chain of incriminating circumstances leading solely to hypothesis of accused’s guilt and inconsistent with innocence — Any breach in chain or reasonable doubt mandates acquittal. India Law Library Docid # 2425738
(246) SIDDHI SANDEEP LADDA Vs. CONSORTIUM OF NATIONAL LAW UNIVERSITIES AND ANOTHER[SUPREME COURT OF INDIA] 07-05-2025 Educational Institutions – Common Law Admission Test (CLAT) – Question Paper Framing – Judicial Scrutiny – While courts generally defer to academic expertise, interference is warranted when academic bodies act in a manner detrimental to students’ career aspirations; Callous and casual approach in framing CLAT questions criticized. India Law Library Docid # 2425827
(247) MOHAMMAD TUFAIL AND OTHERS Vs. MUZAFFAR HUSSAIN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-05-2025 Civil Procedure Code, Svt. 1977 — Section 100 — Second Appeal — Admission of — Formulation of substantial question of law — A second civil appeal is eligible for admission for final hearing and disposal on merits only after formulating a substantial question of law India Law Library Docid # 2425860
(248) ABDUL MAJID Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-05-2025 Jammu & Kashmir Land Revenue Act, 1939 — Section 11 — Appellate Powers of Collector — Exercise of Powers — Collector’s appellate jurisdiction under Section 11 is exercisable only against original or appellate orders of an Assistant Collector of either class, and only upon an appeal filed by an aggrieved individual, not suo moto. India Law Library Docid # 2425861
(249) RAJ KUMAR SHARMA Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 07-05-2025 Criminal Procedure Code, 1973 — Section 227 — Discharge — Scope of inquiry — Judicial mind necessary to determine if a case is made out for trial based on prosecution material — Defence of accused not necessary at this stage — Trial Judge examines evidence to determine sufficiency of grounds to proceed — Prima facie suspicious circumstances based on investigation/documents suffice for framing charge — Accused has no right to produce material at charge framing unless demonstrating from charge-she India Law Library Docid # 2425877
(250) NAND LAL Vs. DHIAN SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 07-05-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Legal liability — Principal and agent — Complainant, acting as agent for M/s A.M. Fruit Commission Agent, advances money to accused fruit grower, who issues cheque to complainant — Accused to send fruit to principal — Cheque dishonoured — Complaint filed by agent — Agent acting on behalf of a disclosed principal cannot personally enforce contracts entered into on principal’s behalf, absent contract to contrary — Transaction b India Law Library Docid # 2425883
(251) ANAND SHESHMAN PATEL Vs. THE REGISTRAR NORTH MAHARASHTRA UNIVERSITY AND ANOTHER[SUPREME COURT OF INDIA] 07-05-2025 Caste Certificate — Verification — Delay in decision by Scrutiny Committee — Admission in B.Tech against OBC reserved seat — Caste claim invalidated after completion of course due to delay in verification — Petitioner compelled to approach High Court earlier due to delay, awarded costs for callous attitude of Committee — Whether mark sheets and degree certificate should be released despite invalidation of caste claim India Law Library Docid # 2425911
(252) HYDRAULICS AND PNEUMATICS [INDIA] LLP Vs. M/S. METAL ARC AGRI. LLP AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025 Civil Procedure Code, 1908 — Order 21 Rule 15(2) — Execution — Application by one of several joint decree-holders for execution of whole decree for benefit of all — Entitlement of partner of Limited Liability Partnership (LLP) claiming through supplementary agreement for shareholding in original partner — Whether such partner entitled to maintain application for execution of land acquisition award in favor of LLP India Law Library Docid # 2425913
(253) M/S SEW INFRASTRUCTURE LTD. Vs. THE GOVERNMENT OF CHHATTISGARH[SUPREME COURT OF INDIA] 07-05-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Grounds — Jurisdiction — Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 — State legislation for dispute resolution through arbitration — Contract with State-Appointed Arbitrator — State challenging award under Section 34 of 1996 Act, alleging the State Act alone applies and India Law Library Docid # 2425917
(254) STATE OF GUJARAT Vs. JITENDRABHAI @ JITU GOKLABHAI CHAUDHARI[GUJARAT HIGH COURT] 07-05-2025 Criminal Law — Offences affecting the human body — Kidnapping — Enticing — Consent of minor — Section 361, Penal Code: Enticement or taking away of a minor from lawful guardianship without consent, essential for kidnapping; however, if minor accompanies willingly due to love affair and against parental wishes, and there is no proof of threat or coercion, the element of “against the will of the lawful guardian” may not be established in the context of seduction or elopement based on mutual affect India Law Library Docid # 2425975
(255) LH OF DECD SHASHIKANT GANPATBHAI PATEL AND OTHERS Vs. KRUNAL BHARATBHAI PATEL AND ANOTHER[GUJARAT HIGH COURT] 07-05-2025 Civil Procedure Code, 1908 — Section 96 — First Appeal — Suit for declaration, permanent injunction and cancellation of sale deed – Dismissal by trial court – Challenge to relinquishment deed (termed as partition deed), revenue entries, and subsequent sale deed – Trial court’s appreciation of evidence upheld India Law Library Docid # 2425976
(256) HARJINDER SINGH Vs. THE STATE OF PUNJAB AND ANOTHER[SUPREME COURT OF INDIA] 06-05-2025 Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Nature of “Evidence” — The power vested in a Court under Section 319 CrPC to summon an additional accused is triggered by “evidence” that emerges during the course of an inquiry or trial, not by mere conjecture or suspicion — A statement rendered under oath and duly recorded in Court, such as the deposition of a prosecution witness (PW-1 in this instance), constitutes substant India Law Library Docid # 2425400
(257) RAJENDRA ANANT VARIK Vs. GOVIND B. PRABHUGAONKAR[SUPREME COURT OF INDIA] 06-05-2025 Negotiable Instruments Act, 1881 — Section 138 — Reversal of Acquittal by High Court — Failure to Consider a Valid Defence — Where a High Court, in an appeal against acquittal in a Section 138 NI Act prosecution, reverses the acquittal without adverting to a significant legal issue and valid defence (such as the applicability of a State-specific Money-Lenders Act which formed the basis of the acquittal by the First Appellate Court India Law Library Docid # 2425401
(258) SAROJ SALKAN Vs. HUMA SINGH AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025 Code of Civil Procedure, 1908 — Order 12 Rule 6 — Power to Dismiss Suit — Scope and Discretion — The Court possesses wide discretion under Order XII Rule 6 CPC to pass a judgment at any stage of the suit, either on the application of a party or suo motu, based on admissions in pleadings or otherwise — This power is not confined to decreeing a claim but extends to the dismissal of the suit itself if admissions by the plaintiff, including in a rejoinder, warrant such dismissal. India Law Library Docid # 2425402
(259) KUMARI REKHA Vs. SHAMBHU SARAN PASWAN[SUPREME COURT OF INDIA] 06-05-2025 Constitution of India — Article 142 — Power to Grant Divorce on Ground of Irretrievable Breakdown of Marriage — The Supreme Court, in exercise of its extraordinary powers under Article 142 of the Constitution, can dissolve a marriage on the ground of irretrievable breakdown, even if such a ground is not explicitly available under the Hindu Marriage Act, 1955, and even if one party vehemently opposes the dissolution — This power is exercised when the Court is satisfied, India Law Library Docid # 2425403
(260) A. RAJA Vs. D. KUMAR[SUPREME COURT OF INDIA] 06-05-2025 Representation of the People Act, 1951 — Section 100(1)(a) & (d)(i) — Challenge to Caste Certificate in Election Petition — Scope of ‘Trial’ under State Caste Certificate Legislation — A duly issued Caste/Community Certificate, particularly one issued under a specific state legislation (like the Kerala (Schedule Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996) which provides a comprehensive mechanism for its issuance, verification, and cancellation, cannot be India Law Library Docid # 2425404