(301) JUSTICE V.S. DAVE PRESIDENT, THE ASSOCIATION OF RETD. JUDGES OF SUPREME COURT AND HIGH COURTS Vs. KUSUMJIT SIDHU AND OTHERS[SUPREME COURT OF INDIA] 15-04-2025 Service Law — Retired High Court Judges — Reimbursement of Expenses (Medical etc.) — Responsibility of State Government — Clarification of Prior Order — Where a High Court Judge is appointed in one High Court but retires from another High Court due to transfer, the responsibility for reimbursement of expenses (as directed by court orders) lies either with the State Government where the seat of the High Court in which the retired Judge was first appointed is situated, or with the State Government India Law Library Docid # 2425058
(302) REKHA SHARMA Vs. HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025 Constitution of India, 1950 — Articles 14, 16, 32 — Rights of Persons with Disabilities Act, 2016 — Recruitment — Judicial Services — Reservation (Horizontal - PwBD; Vertical - EWS/ST) — Minimum Qualifying Marks vs. Cut-off — Adjustment of Candidates — In recruitment processes involving both vertical and horizontal reservations (like for Persons with Benchmark Disabilities - PwBD), the non-selection of a PwBD candidate who has secured the prescribed minimum qualifying marks but falls below the P India Law Library Docid # 2425060
(303) JHARKHAND URJA UTPADAN NIGAM LTD. AND ANOTHER Vs. M/S BHARAT HEAVY ELECTRICALS LIMITED[SUPREME COURT OF INDIA] 15-04-2025 Civil Procedure Code, 1908 — Or. XX R. 1 (as amended by Commercial Courts Act, 2015) & Limitation Act, 1963 — S. 5 & Commercial Courts Act, 2015 — S. 13(1-A) — Commencement of Limitation for Appeal — Duty to Issue Copy vs. Litigant Diligence — The provision in Or. XX R. 1 CPC, requiring a Commercial Court/Division/Appellate Division to pronounce judgment within 90 days of conclusion of arguments and issue copies thereof to parties (through electronic mail or otherwise), is directory and not mand India Law Library Docid # 2425137
(304) SMT. NUSRAT PARVEEN AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 15-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Summoning Order — Scope of Interference — The inherent power under Section 482 Cr.P.C. to quash criminal proceedings, including a summoning order, should be exercised sparingly and with circumspection, only to prevent abuse of the process of the Court or to secure the ends of justice — Mere existence of prior litigation between parties (allegation of counterblast) or geographical distance between the accused’s residence and place of incid India Law Library Docid # 2425227
(305) SANJEEV MEHROTRA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 15-04-2025 Criminal Procedure Code, 1973 — Sections 243(2), 482 — Right to Summon Defence Witnesses — Section 243(2) Cr.P.C. casts an obligatory duty upon the trial court to issue process for compelling the attendance of defence witnesses sought by the accused after entering upon defence, unless the court considers the application to be for the purpose of vexation, delay, or defeating the ends of justice, which specific ground must be recorded in writing — Rejection of such an application without finding/r India Law Library Docid # 2425234
(306) M/S K.C. INTERNATIONAL SITUATE AND OTHERS Vs. INDIAN BANK KANPUR MAIN BRANCH[ALLAHABAD HIGH COURT] 15-04-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(3A) Compliance — Consideration of the borrower’s representation/objection and communication of a reasoned order thereon is a mandatory pre-condition before the secured creditor proceeds with measures under Section 13(4) India Law Library Docid # 2425327
(307) ANUJ TYAGI Vs. DISTRICT ELECTION OFFICER (MUNICIPAL BOARD GENERAL ELECTION -2023), COLLECTORATE DISTRICT GHAZIABAD AND OTHERS[ALLAHABAD HIGH COURT] 15-04-2025 UP Municipal Corporations Act, 1959 — Joinder of Parties (S.63(3)) — Joining all contesting candidates as respondents is mandatory when the election petitioner seeks relief under Section 64 (claiming the seat) India Law Library Docid # 2425328
(308) SURESH KUMAR AGARWAL Vs. M/S. HALDIA STEELS LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025 Code of Criminal Procedure, 1973 — Section 173(8) — Further Investigation — Abuse of Process — Belated and Frivolous Complaints — Directing further investigation under Section 173(8) CrPC into a complaint that is filed after gross, undue, and unexplained delay, and where the admitted allegations do not disclose the necessary ingredients of any cognizable offence, amounts to an abuse of the process of law — This is especially India Law Library Docid # 2425406
(309) HABIB AHMED AND OTHERS Vs. MOHAMMED MUSTAQ AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-04-2025 Specific Relief Act, 1963 — Section 6 — Suit for Recovery of Possession — Limitation — A suit filed under Section 6 of the Specific Relief Act, seeking recovery of possession based on alleged wrongful dispossession, must be instituted within six months from the date of such dispossession — This is a mandatory requirement. India Law Library Docid # 2425468
(310) GOVIND DWIVEDI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-04-2025 Constitution of India — Article 311(2), Proviso (b) — Dismissal/Removal without Enquiry — Requirement of Recorded Satisfaction on Impracticability — The scope and mandatory nature of Article 311(2), proviso (b) — The necessity for the disciplinary authority to record reasons in writing expressing its satisfaction that it is “not reasonably practicable to hold such inquiry” before dispensing with the regular India Law Library Docid # 2425518
(311) LITTLE WORLD HIGHER SECONDARY SCHOOL Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 15-04-2025 Payment of Gratuity Act, 1972 — Section 2(e) (as amended by Act 47 of 2009) — Applicability to Teachers — The acknowledged legal position, following the amendment by Act 47 of 2009 and the decision in Birla Institute of Technology Vs. State of Jharkhand, (2019) 4 SCC 513, that teachers are covered within the definition of ‘employee’ under Section 2(e) and are entitled to gratuity under the Act. India Law Library Docid # 2425519
(312) SMT. RAJUBAI DECED THROUGH LRS SHARDA RATHOUR AND OTHERS Vs. DAYAL DECD. THROUGH LRS ANTAR SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Erroneous Application of Succession Law by Lower Appellate Court — The determination of a substantial question of law concerning the quantum of share inherited by plaintiffs, where the lower appellate court applied succession principles contrary to the specific tenancy law prevailing at the time the succession opened India Law Library Docid # 2425520
(313) SHAILESH SINGH BHADOURIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 15-04-2025 Service Law — Termination — Appointment Obtained by Fraud/Forgery — Necessity of Departmental Enquiry (Article 311) — The requirement of conducting a departmental enquiry under Article 311 of the Constitution or relevant service rules before terminating an employee, contrasted with situations where the initial appointment itself is alleged to be void ab initio due to fraud and fabrication of documents — Distinction between misconduct committed during the course of employment and fraud India Law Library Docid # 2425521
(314) STATE BANK OF INDIA Vs. SRI BIRESH CHANDRA GANGOPADHYAY[TELANGANA HIGH COURT] 11-04-2025 Criminal Procedure Code, 1973 — Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528] — Quashing of Cognizance Order and Proceedings — Scope of Inquiry — Abuse of Process — Political Rivalry — In exercising inherent powers under Section 482 CrPC (S. 528 BNSS), particularly when factors like potential political rivalry or ulterior motives are alleged, the Court is not limited to accepting the charge sheet averments at face value. It can scrutinize the accompanying materials, witnes India Law Library Docid # 2424835
(315) M/S. HEINEN AND HOPMAN ENGINEERING (I) PVT. LTD. Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 11-04-2025 Payment of Wages Act, 1936 — Section 2(vi) — Definition of ‘Wages’ — Pension — Non-Contributory Scheme — Pension payable to an employee under a non-contributory scheme (funded solely by the employer) established under the terms of employment (express or implied) falls within the primary definition of ‘wages’ under Section 2(vi) of the Payment of Wages Act, 1936 — It constitutes remuneration payable in respect of employment or work done, becoming due upon fulfilment of conditions like termination India Law Library Docid # 2425165
(316) RAKESH SINGH AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 11-04-2025 Penal Code, 1860 (IPC) — Sections 141 and 149 — Unlawful Assembly & Common Object — Common object, the purpose/design shared by members of an assembly of five or more, is key for vicarious liability under Section 149. It can be formed instantaneously and inferred from acts, arms, and behaviour. Mere presence is insufficient; actuation by the common object is required India Law Library Docid # 2425329
(317) SHRIRAM GENERAL INSURANCE COMP LTD. Vs. ALLAPURAJU SUJANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In adjudicating claims under Section 166, the finding of negligence must be based on a preponderance of probabilities — Direct eyewitness testimony, particularly from credible witnesses like police officers who were inmates of a vehicle involved in the accident, is to be given significantly more weightage and credence than contents of police investigation documents like the In India Law Library Docid # 2424827
(318) SMT. SOMURI RAVALI Vs. SOMURI PURNACHANDRA RAO[TELANGANA HIGH COURT] 10-04-2025 Arbitration and Conciliation Act, 1996 — Sections 2(1)(e)(i), 11(6), 29A(4) & (5) — Jurisdiction for Extension of Arbitrator’s Mandate — Domestic Arbitration — High Court Appointment — In a domestic arbitration where the Arbitrator was appointed by the High Court exercising power under Section 11(6) of the Act, the exclusive jurisdiction to entertain an application for extension of the Arbitrator’s mandate under Section 29A(4) or (5) vests solely with the High Court — Consequently, a Commercial India Law Library Docid # 2424837
(319) MOHAMMAD DASTAGIR KHAN @ ASIF Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 10-04-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Sections 15 & 19 — Two-Stage Assessment for Trying Child as Adult — The Act mandates a two-stage process when determining if a child aged 16-18, alleged to have committed a heinous offence, should be tried as an adult: (i) A preliminary assessment by the Juvenile Justice Board (JJB) under Section 15 regarding the child’s mental and physical capacity, ability to understand consequences, and circumstances of the offence; and (ii) A sub India Law Library Docid # 2424845
(320) ISKA VIJAYA KUMAR REDDY Vs. N.VIJAYA KRISHNA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025 Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Pleading and Proof — In a suit for specific performance of an agreement of sale, the plaintiff must mandatorily plead and prove continuous readiness and willingness to perform their part of the contract from the date of the agreement until the date of hearing/decree Readiness pertains to financial capacity, while willingness pertains to conduct — A mere statement in the plaint or affidavit asserting readiness is insufficient India Law Library Docid # 2424890