(361) SHRI SAMIR KUNDU Vs. NATIONAL FACELESS ASSESSMENT CENTRE AND OTHERS[ORISSA HIGH COURT] 06-08-2025 Income Tax Act, 1961 — Section 147, 144, 148, 142 — Assessment — Writ Petition — Alternative Remedy — Petitioner challenged assessment order under Article 226/227 of Constitution — Petitioner had not provided sufficient opportunity to Assessing Officer and sought adjournment at the fag end of limitation period — Medical documents submitted by petitioner did not conclusively prove inability to participate in proceedings India Law Library Docid # 2428384
(362) HARI SHANKAR PATNAIK Vs. STATE OF ORISSA AND OTHERS[ORISSA HIGH COURT] 06-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 156(3) — Complaint — Affidavit — Mandatory Requirement — Supreme Court directions in Priyanka Srivastava v. State of U.P. requiring affidavit with complaint under Section 156(3) Cr.P.C. are mandatory and not a mere formality — Purpose is to prevent abuse of process, ensure accountability, and protect accused from vexatious litigation — Non-compliance with this requirement is a curable defect but must be rectified before Magistrate passes any substan India Law Library Docid # 2428385
(363) DEBI PRASAD BINDHAM AND OTHERS Vs. STATE OF ORISSA AND ANOTHER[ORISSA HIGH COURT] 06-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court’s power to quash proceedings is to be exercised sparingly and cautiously — Only when there is manifest injustice or abuse of process of court — Not to sift or appreciate evidence at the stage of cognizance — Prima facie case test. India Law Library Docid # 2428386
(364) BSES RAJDHANI POWER LTD. AND ANOTHER Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-08-2025 Electricity Act, 2003 — Section 61, 62, 86 — Tariff determination — Regulatory asset — Creation, continuation, and liquidation of regulatory asset — Governed by Act, National Tariff Policies, Rules, Regulations, and APTEL precedents. India Law Library Docid # 2428398
(365) LOKESH B Vs. SURYANARAYANA RAJU JAGGARAJU AND ANOTHER[SUPREME COURT OF INDIA] 06-08-2025 Motor Vehicles Act, 1988 — Sections 166, 173 — Compensation — Calculation of — Motor Accident Claims Tribunal — High Court — Appeals — Appellant aged 38 years— sustained grievous injuries in a road accident — High Court revised monthly income but omitted future prospects and adopted a lower disability percentage — Supreme Court allowed appeal, adding 40% for future prospects to self-employed claimants as per settled law — Supreme Court accepted India Law Library Docid # 2428399
(366) KAVITA DEVI AND OTHERS Vs. SUNIL KUMAR AND ANOTHER[SUPREME COURT OF INDIA] 06-08-2025 Motor Vehicles Act, 1988 — Section 166 — Motor Vehicle Accident Claim — Enhancement of Compensation — Appeal against High Court order — Claimants seeking further enhancement — Court to examine only the issue of enhancement of compensation, not the cause of accident as concurrently held by Tribunal and High Court. India Law Library Docid # 2428400
(367) SHAIL KUMARI Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 06-08-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial Evidence — Conviction on circumstantial evidence requires a chain of events to be fully established, consistent only with the hypothesis of guilt, conclusive in nature, excluding all other hypotheses, and leaving no reasonable ground for innocence. India Law Library Docid # 2428401
(368) JAMNALAL Vs. STATE OF RAJASTHAN AND ANOTHER[SUPREME COURT OF INDIA] 06-08-2025 Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 3/4(2), 42 — Penal Code, 1860 (IPC) — Section 376(3) — Appeal against suspension of sentence by High Court — Supreme Court held High Court was not justified. India Law Library Docid # 2428402
(369) TARLOK SINGH (NOW DECEASED) THROUGH HIS LEGAL REPRESENTATIVES Vs. JATINDER PAL THROUGH HIS LEGAL HEIRS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025 East Punjab Urban Rent Restriction Act, 1949 — Section 13 — Landlord-Tenant Relationship — In an eviction petition, the crucial factor is the existence of a landlord-tenant relationship, not the landlord's ownership of the property. The tenant's admission of this relationship before the Rent Controller is sufficient to establish the landlord's standing to seek eviction. Any challenge to the landlord's ownership, not India Law Library Docid # 2428881
(370) BHARAT FOOD AND AGRO PRODUCTS AND OTHERS Vs. M/S BAPU ASSA RAM JI & COMPANY AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Guidelines for allowing amendment — Amendments are permissible if essential for proper adjudication, bona fide, do not cause irreparable prejudice, avoid multiplicity of litigation, do not fundamentally change the suit's nature, and are not barred by limitation. India Law Library Docid # 2428882
(371) RAJ BALA AND ANOTHER Vs. UJAGAR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation for road accidents — Enhancement of compensation — Deceased was a 21-year-old computer engineering student with a bright future — Tribunal awarded Rs. 3,00,000/- — Held, notional income of deceased to be assessed at Rs. 12,000/- per month in view of Supreme India Law Library Docid # 2428883
(372) POULOMI PAVINI SHUKLA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-08-2025 Constitution of India, 1950 — Article 32 — Public Interest Litigation — Welfare of children — Petitioner, an advocate, filed a PIL to highlight the inadequacies of existing schemes for orphan children and to ensure they are not neglected. India Law Library Docid # 2432121
(373) M/S WADHWANA Vs. CELICA DEVELOPERS PRIVATE LTD.[SUPREME COURT OF INDIA] 06-08-2025 Transfer of Property Act, 1882 vs. West Bengal Premises Tenancy Act, 1997 — Determination of applicability — Depends on rent paid for premises and facilities provided — Supreme Court's previous order regarding payment for air conditioning in addition to rent is crucial — Charges for amenities like air conditioning, when paid in addition to basic rent, are considered part of the total rent for the purpose of India Law Library Docid # 2432127
(374) HARISH CHANDRA GURURANI Vs. ANOOP AGARWAL AND ANOTHER[UTTARAKHAND HIGH COURT] 06-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing Proceedings — Abuse of Process of Court — High Court’s inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process or secure ends of justice — Should not hesitate to quash proceedings that are essentially civil in nature, even if cloaked in criminal terms. India Law Library Docid # 2432434
(375) YOGENDRA KUMAR SHAH AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 Rights of Persons with Disabilities Act, 2016 — Section 34(2) — Carry forward of vacancies for persons with benchmark disability — Vacancies that could not be filled in a recruitment year due to non-availability of suitable persons with benchmark disability shall be carried forward to the succeeding recruitment year — If suitable persons with benchmark disability are still not available, these vacancies must first be filled by India Law Library Docid # 2432435
(376) DASHRATH SINGH RANA Vs. UNION OF INDIA AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 Disciplinary Proceedings — Judicial Review — Scope — High Court under Article 226 cannot act as an appellate authority to re-evaluate evidence or substitute its own findings for those of disciplinary/appellate authorities — Intervention is permissible only if proceedings violate principles of natural justice, statutory regulations, or if conclusions are arbitrary, capricious, or based on no evidence. India Law Library Docid # 2432436
(377) SHASHI AGARWAL AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 U.P. Government Estates Thekedari Abolition Act, 1958 — U.P. Imposition of Ceiling on Land Holdings Act, 1960 — Challenge to order of Collector passed under Section 6-A of GETA Act — Applicability of both Acts for determination of ceiling area and procedure — Collector's order directing proceedings in accordance with Section 6-A of GETA Act, using ceiling limits from Ceiling Act, held to be in compliance with prior High Court judgments and subject to Special Appeal. India Law Library Docid # 2432437
(378) SAROJNI DEVI ALIAS SONI RAWAT Vs. PARVATI DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 Family Courts Act, 1984 — Section 19 — Appeal challenging judgment and decree of Family Court — Respondent declared legally wedded first wife of deceased, appellant’s marriage declared null and void — Family pension directed to be paid to respondent — Grounds of challenge: respondent failed to lead evidence of marriage, respondent was underage at time of alleged marriage, Family Court overstepped jurisdiction by directing India Law Library Docid # 2432438
(379) STATE OF CHHATTISGARH Vs. MUCHAKI DEVA AND OTHERS[CHHATTISGARH HIGH COURT] 05-08-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Standard of appreciation of evidence — Appellate court must be slow in reversing acquittal, as presumption of innocence is strengthened, requiring thorough scrutiny on accepted legal parameters India Law Library Docid # 2428355
(380) RAMPURHAT PSC SLEEPERS LIMITED Vs. UNION OF INDIA AND OTHERS[CALCUTTA HIGH COURT] 05-08-2025 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 11 — Admission of Appeals — Hearing under Rule 11 is not for admission but to ascertain if appeal can be dismissed without hearing respondent; it's mandatory, not optional. Appeals against orders not exempted by Appellate Side Rules must be posted for hearing under Order 41 Rule 11. India Law Library Docid # 2428356