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(261) ARABIAN EXPORTS PRIVATE LIMITED Vs. NATIONAL INSURANCE COMPANY LTD[SUPREME COURT OF INDIA] 06-05-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) and 11(6A) — Discharge Voucher — Economic Duress — Arbitrability of Dispute — The mere execution of a full and final settlement receipt or a discharge voucher by an insured in favour of an insurer does not automatically bar the insured from raising a dispute and seeking reference to arbitration, especially when the validity of such discharge is challenged on grounds of economic duress, coercion, or undue influence — At the stage of a Section
India Law Library Docid # 2425405

(262) DISTRICT APPROPRIATE AUTHORITY Vs. KAUSHIK BABULAL SHAH AND ANOTHER[SUPREME COURT OF INDIA] 06-05-2025
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — Section 29 (Proviso) — Preservation of Records/Case Property (Sonography Machine) — Meaning of “Final Disposal of Proceedings” — The mandate under the proviso to Section 29(1) of the PC & PNDT Act to preserve records and documents (including seized property like a sonography machine) till the “final disposal of such proceedings” must be applied reasonably — Where an accused has been acquitted by the Tri
India Law Library Docid # 2425490

(263) THE STATE OF MADHYA PRADESH AND OTHERS Vs. SHIVNATH SINGH KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 06-05-2025
Payment of Gratuity Act, 1972 — Section 2(e) — Definition of “Employee” — Applicability to State Government Employees Absorbed from Panchayat Service — The exclusion of State Government employees from the definition of “employee” under Section 2(e) of the Payment of Gratuity Act, 1972, applies only if such employees are governed by any other Act or Rules providing for payment of gratuity — Teachers (Shiksha Karmis/Adhyapaks) initially appointed in Panchayats and subsequently absorbed into the St
India Law Library Docid # 2425573

(264) MAMTA BAI AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-05-2025
Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 — Sections 2(d), 3(3) & 3-A — Rule 9 (Rules of 2008) — Rights of Lease Holders (Patta Holders) — Lease holders (patta holders) under the Adhiniyam, 1984, are conferred with a ‘right to use’ the land for dwelling and are not “land owners” for the purpose of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Their rights are g
India Law Library Docid # 2425574

(265) VIJAY KUMAR PADALIA Vs. STATE OF UTTARAKHAND AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
National Green Tribunal Act, 2010 — Sections 14 & 16 — Practice and Procedure — Conversion of Original Application to Appeal — Where appellant filed an Original Application (OA) challenging forest clearance for a road project, after being granted liberty by NGT to file a “comprehensive application” incorporating subsequent developments (including the clearance), and NGT dismissed the OA on the technical ground that challenge to sanction should have been by way of an appeal under S. 16, held, NGT
India Law Library Docid # 2425584

(266) GOPAL GOVIND LAKADE AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 06-05-2025
Constitution of India — Article 136 — Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Dismissal of S. 482 application by High Court without issuing notice or assigning reasons — Propriety — Where High Court dismissed appellant’s criminal application (seeking quashing of FIR, alleging a civil dispute was given criminal colour) with a cryptic order stating “After hearing the learned advocate for the applicants for sometime, we are not inclined even to issue notice in this matter
India Law Library Docid # 2425585

(267) VINOD KUMAR Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Punjab Police (Haryana Amendment) Rules, 2015 — Rule 12.18(3)(b) — Denial of appointment to candidate against whom charges framed for offences involving moral turpitude or punishable with imprisonment for three years or more — Validity — Rule 12.18(3)(b) is not ultra vires the Act or the Constitution of India — The Rule, framed under Art. 309 of Constitution r/w Section 92 Haryana Police Act, 2007, comprehensively considers eligibility criteria including character and antecedents for police serv
India Law Library Docid # 2425627

(268) STATE OF RAJASTHAN Vs. GOPAL AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8/18, 25, 29 & Section 42 — Code of Criminal Procedure, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings — Unauthorized Search as Ground — Respondents were charged under various sections of the NDPS Act following FIR No.552 of 2011 — The High Court, in exercise of its inherent powers under Section 482 CrPC, quashed the criminal proceedings, finding that the search was conducted by an officer not
India Law Library Docid # 2425653

(269) ANAND KUMAR KASHYAP Vs. UNION OF INDIA[CHHATTISGARH HIGH COURT] 06-05-2025
Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 348 — Criminal Procedure Code, 1973 — Section 311 — Summoning of material witness — Examination of person present — Power of Court — Scope and object is to enable Court to determine truth and render just decision by discovering all relevant facts and obtaining proper proof — Wide discretionary power conferred on courts may be exercised at any stage of inquiry, trial, or other proceeding, even after evidence closure — Court can summon any person,
India Law Library Docid # 2425688

(270) VIRENDRA KUMAR SHUKLA Vs. UCO BANK[CHHATTISGARH HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 — Section 96 — First appeal — Scope of interference — Findings of fact — Suit for declaration and permanent injunction against bank for wrongful debit of amount credited via cheque subject to clearance — Trial Court dismissed suit finding bank acted in “good faith” based on nature of transaction (domestic transfer, drawer being bank’s Branch Manager, payee being panel lawyer) and knowledge of plaintiff regarding stop payment — Bank’s action of crediting amount “subject
India Law Library Docid # 2425689

(271) RAGHUBIR SINGH Vs. DARBARA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Scope of enquiry — Cause of action and limitation — Where defendant (petitioner) sought rejection of plaint in a suit for declaration of inheritance (challenging a 1926 mutation after 94 years), contending no cause of action and suit barred by limitation based on Customary Law, and trial court dismissed application, held, no interference warranted in revisional jurisdiction — For deciding Order 7 Rule 11 application, only
India Law Library Docid # 2425701

(272) JASPREET KAUR Vs. ANMOLJOT SINGH[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Hindu Marriage Act, 1955 — Section 13-B — Divorce by mutual consent — Waiver of six-month statutory waiting period for second motion — Permissibility — Where parties had been residing separately for over three years (petition drafted 24.02.2025, separated since 03.02.2022), marriage was irretrievably broken down, reconciliation efforts by relatives and panchayats failed, parties were unwilling to live together, and prolonging their agony by insisting on statutory waiting period would serve no us
India Law Library Docid # 2425702

(273) SMT. SUMITRA AND OTHERS Vs. MAJOR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased aged 33, Passenger Services Assistant in Air India — Tribunal excluded overtime, holiday wages, night shift allowances from salary of Rs.17,831/-, assessing income at Rs.9,050/- — High Court held holiday wages and night shift allowances, being ancillary to air services job, ought not to be excluded; only overtime (Rs.6625/-) excluded, re-assessing income at Rs.11,206/- (annual
India Law Library Docid # 2425703

(274) JITENDER TIWARI Vs. SEEMA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance for wife and children — Quantum — Challenge by husband — Petitioner (husband) and Respondent No.1 (wife) married in 2007, had three children (Respondents No.2-4) — Marital dispute led to wife filing for maintenance under S.125 CrPC — Family Court, considering petitioner as labourer earning Rs.10,500/- per month and wife earning Rs.8,000/- per month (admitted in her cross-examination, also receiving maintenance under DV Act), grante
India Law Library Docid # 2425704

(275) HINDUSTAN UNILEVER LIMITED Vs. DEPUTY DIRECTOR SUB REGIONAL OFFICE (SALEM)[SUPREME COURT OF INDIA] 06-05-2025
Employees State Insurance Act, 1948 — Section 1(4) — Applicability of Act — Exemption for seasonal factories — Factory engaged in manufacture of coffee, blending, packing, and repacking of coffee and chicory — Whether entitled to exclusion from ESI Act coverage as a seasonal factory — Question arises whether the appellant’s factory is liable to make contributions under the ESI
India Law Library Docid # 2425735

(276) ARAWALI POWER COMPANY Vs. SAT PARKASH (DEAD) THR LRS. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Land Acquisition Act, 1894 — Sections 23(1), 23(2), 23(1A), 28 & 34 — Land Acquisition — Compensation — Appropriation of payment — Deposit by judgment debtor into court specifying amounts under different heads (e.g., principal, interest, solatium) as per decree — Effect of acceptance by decree holder — Where decree specifies amounts under different heads and judgment debtor deposits specifically allocating amounts to those heads, acceptance by decrease-holder
India Law Library Docid # 2425829

(277) UNITED INDIA INSURANCE CO. LTD. Vs. NITYA NAND AND OTHERS[HIMACHAL PRADESH HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 168 & 169 — Motor Accident Claim — Appeal against quantum of compensation — Involvement of second vehicle alleged but no evidence of contributory negligence found in FIR or otherwise — Plea for shared liability rejected for want of material.
India Law Library Docid # 2425884

(278) CHHATTISGARH DENTAL COLLEGE AND RESEARCH INSTITUTE Vs. SHWETA KABRA AND OTHERS ETC.[SUPREME COURT OF INDIA] 06-05-2025
. Education Law — Fee Fixation — Power of Committee — Retrospective Application — Fee Fixation Committee constituted pursuant to Supreme Court directions — Fee structure determined at Rs. 1,25,000/- effective from academic year 2005-2006 — High Court directing refund of excess fee paid by students admitted prior to academic year 2005-2006 by applying the fixed
India Law Library Docid # 2425912

(279) BEENA SRIVASTAVA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Supreme Court Rules, 2013 — Leave to Appeal — Granting of — Permission to pursue appeal against High Court order dismissing writ petition seeking direction to District Administration to consider representation for restoration of status quo ante granted. (Para 1)

B. Civil Procedure Code, 1908 — Suits — Inter Se Title Dispute — Resolution by Competent Jurisdictional Civil Court — Acknowledgment that inter se title over immovable
India Law Library Docid # 2425919

(280) MOHAMMED ASARUDEEN Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Unlawful Activities (Prevention) Act, 1967 — Section 44 — Protection of witnesses — Nature of provision — Sub-section (1) permits in camera proceedings for reasons recorded, with a non-obstante clause — Sub-section (2) allows measures for keeping identity and address of witnesses secret upon court’s satisfaction of danger to life, for reasons recorded — Unlike sub
India Law Library Docid # 2425920