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(301) NILESHBHAI BABUBHAI VAGHASIYA AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 05-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — Inherent Powers — Exercise of inherent powers to quash FIR and consequential proceedings where allegations, taken on face value, do not prima facie constitute any offence — FIR alleging abetment of suicide and offence under SC/ST Act — Allegations primarily relate to work conditions and alleged pressure to resign — Absence of necessary ingredients for alleged offences justifies quashing
India Law Library Docid # 2425981

(302) DIPAK SANYAL Vs. NARAYAN KEJRIWAL AND ANOTHER[GAUHATI HIGH COURT] 05-05-2025
Civil Procedure Code, 1908 — Section 115 — Revision — Scope of — Power of High Court to interfere with findings of fact of first appellate court — Revisional jurisdiction confined to examining if finding of facts recorded by first appellate court/authority is according to law and free from error of law — High Court can interfere if finding is perverse, without consideration of material evidence, based on no evidence or misreading, or grossly erroneous leading to gross miscarriage of justice — Re
India Law Library Docid # 2426144

(303) KALYANI TRANSCO Vs. M/S.BHUSHAN POWER AND STEEL LTD. AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Insolvency and Bankruptcy Code, 2016 – Section 62 – Appeal to Supreme Court – “Person Aggrieved” – Locus Standi – The phrase “any person aggrieved” in Section 62 indicates no rigid locus requirement for appealing an NCLAT order to the Supreme Court — Once CIRP is initiated, proceedings become in rem, making all creditors and other necessary stakeholders (including operational creditors and erstwhile promoters whose appeals were dismissed by NCLAT) potentially “persons aggrieved” entitled to file
India Law Library Docid # 2425313

(304) SHANMUGAM @ LAKSHMINARAYANAN Vs. HIGH COURT OF MADRAS[SUPREME COURT OF INDIA] 02-05-2025
Contempt of Courts Act, 1971 — Sections 2(c)(iii) & 12 — Criminal Contempt — Forgery and Fabrication of Court Orders — Interference with Administration of Justice — Creating fake interim orders of the High Court, purportedly staying execution of a decree, and producing such forged orders before the executing court (Court Amin) to prevent execution constitutes a gross act of criminal contempt under Section 2(c)(iii), being one of the most serious forms of interference with
India Law Library Docid # 2425314

(305) P. SAKTHI Vs. THE GOVERNMENT OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Service Law — Promotion — Right to Consideration — Effect of Set Aside Punishment — An employee possesses a fundamental right to be considered for promotion when eligible as per the rules and when selections are conducted — Denial of such consideration based on a past punishment is legally unsustainable and unjust if that punishment has already been set aside by a competent authority prior to the consideration period.
India Law Library Docid # 2425315

(306) AMAN BHATIA Vs. STATE (GNCT OF DELHI)[SUPREME COURT OF INDIA] 02-05-2025
Prevention of Corruption Act, 1988 — Section 2(c)(i) — “Public Servant” — Interpretation — Legislative Intent — Public Duty — The definition of “public servant” in Section 2(c) is comprehensive and requires a wide, purposive interpretation to advance the Act’s object of curbing corruption — The legislative intent, shifting from the repealed 1947 Act, emphasizes the performance of ‘public duty’ rather than solely the traditional master-servant or principal-agent relationship or mode of appointmen
India Law Library Docid # 2425316

(307) K.R. SURESH Vs. R. POORNIMA AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Contract Act, 1872 — Section 74 — Specific Relief Act, 1963 — Section 22 — Forfeiture of Earnest Money vs. Advance Money — Distinction and Applicability of S. 74 — Earnest money serves a dual purpose: part-payment and security for performance — Its forfeiture upon the purchaser’s default, if reasonable and explicitly provided for, generally falls outside the scope of penalty under Section 74 of the Contract Act — Conversely, forfeiture of ‘advance money’ (mere part-payment) or stipulations by wa
India Law Library Docid # 2425317

(308) ASF BUILDTECH PRIVATE LIMITED Vs. SHAPOORJI PALLONJI AND COMPANY PRIVATE LIMITED[SUPREME COURT OF INDIA] 02-05-2025
Arbitration and Conciliation Act, 1996 – Sections 2(1)(h), 7, 16 & 19 – Power of Arbitral Tribunal to Implead Non-Signatories – Group of Companies Doctrine and Mutual Consent – An Arbitral Tribunal possesses the authority and jurisdiction, rooted in Sections 2(1)(h) and 7 and exercisable under Section 16, to determine whether a non-signatory is bound by the arbitration agreement and, if so, to implead such non-signatory as a party to the arbitration proceedings — This power derives from the foun
India Law Library Docid # 2425318

(309) DR. VIMAL SUKUMAR Vs. D. LAWRENCE AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Church Law / Ecclesiastical Law — Church of South India (CSI) — Constitution and Bye-Laws — Amendments — Validity — Procedure — Assessment of the validity of amendments proposed/passed concerning the CSI Constitution (increasing retirement age of clergy) and Bye-Laws (qualifications of office bearers) during a Special Synod Meeting on 07.03.2022.
India Law Library Docid # 2425323

(310) KABIR PAHARIA Vs. NATIONAL MEDICAL COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Constitution of India — Articles 14, 16 & 21 — Rights of Persons with Disabilities Act, 2016 — Admission to Medical Education (MBBS) — Persons with Benchmark Disabilities (PwBD) — Substantive Equality & Reasonable Accommodation — The constitutional mandate of substantive equality under Articles 14, 16, and 21, read with the Rights of Persons with Disabilities Act, 2016, requires affording reasonable accommodations to Persons with Disabilities (PwD) and Persons with Benchmark Disabilities (PwBD)
India Law Library Docid # 2425325

(311) SANTOSH DEVI Vs. SUNDER[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 17 — Effect of fraud — Code of Civil Procedure, 1908 — Order VII Rule 6 — Grounds of exemption from limitation law — Suit for cancellation of sale deed — To claim exemption from the ordinary period of limitation under Section 17 of the Limitation Act on the ground of fraud, the plaintiff must specifically plead and prove not only the fraud pertaining to the transaction itself but, crucially, that they were, by means of such fraud, kept from the knowledge of their r
India Law Library Docid # 2425397

(312) PUNAM KUMARI SHARMA Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause vs. Length of Delay — Liberal and Pragmatic Approach — In examining a plea for condonation of delay under Section 5 of the Limitation Act, 1963, courts should focus on the sufficiency of the cause shown rather than the mere length of the delay; if a sufficient cause is demonstrated, the delay should be condoned irrespective of its duration, adopting a liberal, rational, common sense, and pragmatic approach to ensure subst
India Law Library Docid # 2425505

(313) MANISH AGRAWAL AND OTHERS Vs. WAQF ZAMA MASJID INTZAMIYA COMMITTEE THR. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-05-2025
Waqf Act, 1995 — Sections 83(1) and 85 — Jurisdiction of Waqf Tribunal — Eviction of Tenant from Waqf Property — The Waqf Tribunal, constituted under Section 83 of the Waqf Act, 1995, has exclusive jurisdiction to entertain a suit for eviction of a tenant from a Waqf property — This jurisdiction is clear from the language of Section 83(1), especially after its amendment by Act 27 of 2013, which explicitly includes “eviction of a tenant” — Consequently, Section 85 of the Act bars
India Law Library Docid # 2425575

(314) MINY RAJ MODI Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 482 / Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of FIR — POCSO Act — Insufficient Evidence and Contradictory Medical/Forensic Reports — An FIR registered for offences under the POCSO Act and IPC (Sections 376, 190) is liable to be quashed under Section 482 Cr.P.C. (or Section 528 BNSS) when multiple medical examinations of the 8-year-old prosecutrix, including by a Medical Board, reveal no external injuries, no bleeding, and an inta
India Law Library Docid # 2425576

(315) SMT. MOHINDER KAUR AND OTHERS Vs. SMT. DARO AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Hindu Succession Act, 1956 — Section 8 — Succession to property of Hindu male dying intestate — P died issueless, leaving behind his mother ‘S’ as his only Class-I heir — Revenue authorities wrongly mutated his 1/4th share (which was actually only 3 kanals 3 marlas after his lifetime sales) in favour of his three brothers and sister (Daro), who were Class-II heirs — This mutation was incorrect as mother, being a Class-I heir, excludes Class-II heirs — ‘S’ was entitled to inherit the remaining 3
India Law Library Docid # 2425619

(316) RABINA AND OTHERS Vs. ARSHAD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 & Section 168 — Compensation — Death of child (3 years old) — Notional Income — Where Tribunal took notional income of 3-year-old deceased child (‘S’) as Rs.15,000/- p.a. for accident in 2012, High Court, relying on Kishan Gopal, 2013(4) RCR (Civil) 276 and Meena Devi, 2022(4) RCR (Civil) 553 (where Rs.30,000/- p.a. was taken for accidents in 1992 and 2003 respectively), and considering date of accident, deemed it just and appropriate to take notional incom
India Law Library Docid # 2425620

(317) RAVINDER SINGH Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 (IPC) — Sections 279 & 304-A — Rash and negligent driving causing death — Sentence — Reduction — Accused convicted under Ss. 279/304-A IPC for causing death of two persons by rash and negligent driving of truck in 1999; conviction upheld in appeal (2008) — Revision petition heard after 25 years from FIR — Accused had no criminal antecedents — Relying on Gurmukh Singh (CRR No.2168-2014) where sentence was reduced considering prolonged trial and compensation paid, and considering
India Law Library Docid # 2425621

(318) DARSHNA DEVI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 — Murder by setting deceased on fire — Conviction upheld — Prosecution case based on dying declaration (Ex.PG) of deceased Balbir Chand (recorded by ASI after deceased was declared fit by doctor, though doctor not examined) and testimony of two eyewitnesses, PW-2 Shiv Dayal (deceased’s cousin who accompanied him to accused Darshna Devi’s house) and PW-6 (neighbour who saw incident from rooftop) — Both eyewitnesses consistently stated that accused (deceased’s estran
India Law Library Docid # 2425622

(319) RAJNI Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 r/w Section 34 — Murder by chemical burns — Conviction upheld — Accused Rajni, aggrieved by removal from job by deceased’s brother-in-law (Vivek Rawat), along with co-accused (driver Rakesh Kumar and two other females, tried as juveniles and acquitted), abducted deceased (Sunil Rawat, Vivek’s brother) in a Maruti van, poured acid on him, and left him — Deceased died of chemical burns — Testimony of complainant PW10 (Sanjay Rawat, deceased’s 16-year-old brother), an
India Law Library Docid # 2425623

(320) STATE OF CHHATTISGARH Vs. GULJAR SINGH[CHHATTISGARH HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Approach of appellate court — Normal presumption of innocence reinforced by acquittal — Slow to interfere if two views possible — Appellate court to first ascertain if trial court findings palpably wrong, manifestly erroneous, or demonstrably unsustainable before reappraising evidence — Reappraisal only if acquittal order cannot be sustained due to such infirmities — Mere possibility of a different view on reappraisal is no
India Law Library Docid # 2425691