(421) DHULABHAI BAPUDAS AND NARMADABEN DHULABHAI LHS LATE VIMLABEN D/O DHULABHAI W/OBECHARDAS THROUGH LHS AND OTHERS Vs. KESHAVLAL MOHANLAL LHS OF LATE CHUNIBHAI KESHAVLAL AND OTHERS[GUJARAT HIGH COURT] 30-04-2025 Constitution of India, 1950 — Article 227 — High Court’s power of superintendence — Scope of interference — Limited jurisdiction to correct grave dereliction of duty, flagrant abuse, or violation of fundamental principles of law or justice — Not an appellate jurisdiction to re-appreciate or re-weigh evidence or facts — Interference appropriate only for patent errors of law or fact resulting in grave injustice, or when a subordinate court acts without, in excess of, or refuses to exercise vested India Law Library Docid # 2426027
(422) INDIRA DEVI SURANA Vs. ROOPCHAND KUCHERIA AND OTHERS[GAUHATI HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 — Section 47 — Execution of decree — Question relating to execution, discharge or satisfaction of the decree — Scope — Application under Section 47 challenging execution based on a purported fresh tenancy agreement subsequent to a decree for ejectment — Claim of fresh tenancy based on a verbal Will of the deceased landlord — Testamentary succession governed by the Succession Act, 1925 — Verbal Will not recognized for probate — Rights under a Will require probate for es India Law Library Docid # 2426175
(423) TUSHAR NATH Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 30-04-2025 Penal Code, 1860 — Section 302 — Murder — Section 304 Part II — Culpable Homicide Not Amounting to Murder — Alteration of Conviction — Essential ingredients of Section 302 include intention to cause death or knowledge that act is likely to cause death in all probability — Accused convicted under Section 302 for assault with blunt side of axe on abdomen, resulting in death after 13 days due to septic shock — Evidence shows single blow, not repeated, on non-vital part with blunt weapon India Law Library Docid # 2426176
(424) AMRI KARBI DEVELOPMENT SOCIETY AND OTHERS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 30-04-2025 Public Interest Litigation — Scope and Limitations — Bona fides — Abuse of Process — Essential ingredients are genuineness of the petition, satisfaction of correctness of contents, substantial public interest involvement, redressal of genuine public harm/injury, absence of personal gain/motive — Court must verify credentials and be extremely careful in allowing process to be used — Frivolous or motivated petitions detract from court’s time and India Law Library Docid # 2426202
(425) PAVUL YESU DHASAN Vs. THE REGISTRAR, STATE HUMAN RIGHTS COMMISSION OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 30-04-2025 Human Rights Act, 1993 — Section 2(d) — Definition of “human rights” — Includes rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in International Covenants and enforceable by courts in India. India Law Library Docid # 2426435
(426) BRANCH MANAGER, INDIAN BANK Vs. ANJANA SINHA[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 30-04-2025 Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in Service — Banks and Banking — Loan against LIC Policies — Liquidation of pledged policies without borrower’s explicit consent — Where LIC policies are pledged as security for a loan, and the borrower defaults on repayment, the bank is within its rights to liquidate the pledged policies to recover the loan amount, even without explicit prior consent from the borrower, especially when the pledge terms allow such action. India Law Library Docid # 2427303
(427) SHYAM NANDAN MEHTA Vs. SANTOSH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Service Law — Appointment — Validity — Discrepancy in Category Certificate — No Undue Advantage — An appointment secured on merit cannot be set aside merely due to a discrepancy between the candidate’s actual reservation category (Backward Class - BC) and the category mentioned (Most Backward Class - MBC) in the qualifying Teacher Eligibility Test (TET) certificate, especially when: (i) the candidate applied for and was selected under their correct category (BC); (ii) they secured higher marks t India Law Library Docid # 2425190
(428) PUNIT BERIWALA Vs. THE STATE OF NCT OF DELHI AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope of Inquiry — The power to quash an FIR under Section 482 Cr.P.C. must be exercised sparingly and with circumspection — The Court cannot embark upon an inquiry into the reliability or genuineness of the allegations made in the FIR/complaint and must proceed assuming the averments to be true — Investigation should not be thwarted at the initial stage unless no cognizable offence India Law Library Docid # 2425191
(429) RENUKA Vs. STATE OF KARNATAKA AND ANOTHER[SUPREME COURT OF INDIA] 29-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR/Chargesheet — Scope of Inquiry — Mini Trial — The High Court, while exercising its inherent jurisdiction to quash criminal proceedings, particularly under Sections 498-A, 324, 355, 504, 506 read with Section 149 of the Indian Penal Code, 1860, cannot embark upon an inquiry into the credibility or reliability of the evidence presented in the FIR/Chargesheet — Comparing allegations in India Law Library Docid # 2425178
(430) VISA COKE LIMITED Vs. M/S MESCO KALINGA STEEL LIMITED[SUPREME COURT OF INDIA] 29-04-2025 Insolvency and Bankruptcy Code, 2016 — Sections 8 & 9 — Service of Demand Notice — Service of a demand notice under Section 8 upon Key Managerial Personnel (KMP) of the Corporate Debtor, delivered at the Corporate Debtor’s registered office, constitutes valid service on the Corporate Debtor for the purpose of initiating Corporate Insolvency Resolution Process (CIRP) under Section 9, provided the notice clearly and substantively demands payment of the operational debt from the India Law Library Docid # 2425180
(431) S.D. JAYAPRAKASH AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Service Law — Pension — Central Civil Services (Pension) Rules, 1972 — Rule 17 — Counting of Contractual Service — Persons initially appointed on a contractual basis and subsequently regularised in service without interruption are entitled under Rule 17 of the CCS (Pension) Rules, 1972 to count their prior contractual service period for pensionary benefits, provided they exercise the option under Rule 17(1)(b) to either refund the monetary benefits received for the contract India Law Library Docid # 2425181
(432) RUTU MIHIR PANCHAL AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Consumer Protection Act, 2019 — Sections 34(1), 47(1)(a)(i), 58(1)(a)(i) — Constitutional Validity — Pecuniary Jurisdiction based on ‘Consideration Paid’ — Sections 34(1), 47(1)(a)(i), and 58(1)(a)(i) of the Act, which determine the pecuniary jurisdiction of the District, State, and National Consumer Disputes Redressal Commissions based on the ‘value of goods or services paid as consideration’ instead of the ‘compensation claimed’ (as under the 1986 Act), are constitutionally valid. India Law Library Docid # 2425182
(433) P. KUMARAKURUBARAN Vs. P. NARAYANAN AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(d) — Rejection of Plaint — Limitation — Mixed Question of Law and Fact — Date of Knowledge — Where the plaint specifically pleads facts alleging fraud or unauthorized execution of documents (sale under a limited Power of Attorney) and asserts a date of knowledge of such facts which brings the suit within the limitation period prescribed by Article 59 of the Limitation Act, 1963, the issue of limitation becomes a mixed question of law and fact — Such a India Law Library Docid # 2425183
(434) JAIPUR VIDYUT VITARAN NIGAM LIMITED AND OTHERS Vs. RAJASTHAN TEXTILE MILLS ASSOCIATION AND ANOTHER ETC.[SUPREME COURT OF INDIA] 29-04-2025 Electricity Law — Cross-Subsidy Surcharge (CSS) — Determination — Timing vis-à-vis Tariff Order — Determination of Cross-Subsidy Surcharge (CSS) under the Electricity Act, 2003 and relevant State Regulations (Rajasthan Tariff Regulations, 2014, Reg 90) is not mandatorily required to be simultaneous with the determination of the general tariff — CSS can be determined separately based on the prevailing tariff applicable to the relevant consumer category as per the formula provided in the regulatio India Law Library Docid # 2425184
(435) SHARDHAMMA AND ANOTHER Vs. THE DY. COMMISSIONER AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Land Laws — Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act) — Section 5 — Limitation — Reasonable Time — Even though Section 5 of the PTCL Act does not prescribe a specific period of limitation for filing an application for restoration of granted land, such an application must be made within a reasonable time — An application filed after an unreasonably long delay (in this case, 23 years after the alienation and 14 years after the A India Law Library Docid # 2425185
(436) KAMAL DEV PRASAD Vs. MAHESH FORGE[SUPREME COURT OF INDIA] 29-04-2025 Employees’ Compensation Act, 1923 — Section 4(1)(c), Explanation 1; Schedule I, Part II — Loss of Earning Capacity — Multiple Injuries — Functional Disability — When an employee suffers multiple injuries specified in Schedule I, Part II in the same accident (loss of phalanges in multiple fingers of the operational hand), the assessment of loss of earning capacity is not rigidly confined to the mere aggregation of percentages prescribed therein for individual injuries — Considering the Act’s bene India Law Library Docid # 2425186
(437) SRI MALAKAPPA AND OTHERS Vs. THE IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 29-04-2025 Motor Vehicles Act, 1988 — Compensation — Personal Expenses Deduction — Dependency of Husband — In determining the number of dependents for calculating deduction towards personal expenses, even if a husband is able-bodied, it cannot be assumed, in the absence of specific employment details, that he was not at least partially dependent on the income of his deceased wife — Therefore, the family unit size should include the husband alongside the children India Law Library Docid # 2425187
(438) AMARVEER KAUR AND OTHERS Vs. RELIANCE GENERAL INSURANCE COMPANY LIMITED AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Motor Vehicles Act, 1988 — Compensation — Income Assessment — Unskilled Labourer / Unorganized Sector — Where specific proof of claimed employment (accountant) and salary (Rs. 15,000/-) is rejected for lack of evidence (account books, PF records), the income of the deceased can be assessed notionally — Considering precedents establishing income for unskilled labour (Ramachandrappa) and applying the principle of incremental enhancement recognized in Pranay Sethi, a reasonable India Law Library Docid # 2425188
(439) ARATHY RAMACHANDRAN Vs. BIJAY RAJ MENON[SUPREME COURT OF INDIA] 29-04-2025 Family Law — Child Custody — Paramount Consideration — Welfare of the Child — In matters of child custody, the paramount and sole consideration must be the welfare and best interests of the child — Parental rights, desires, or the love and affection shown by either parent, while relevant, are secondary to the child's physical, mental, and emotional well-being. India Law Library Docid # 2425189
(440) HIMANSHU SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Public Interest Litigation / Constitution of India — Article 32/136 — Homebuyers’ Grievances — Failed Subvention Schemes — Systemic Failure — Alleged Collusion — Investigation — In a large batch of petitions (>170) involving numerous homebuyers (>1200) aggrieved by the failure of ‘subvention schemes’ advertised by builders/developers, where tripartite agreements were entered into with Banks/HFCs, and subsequent defaults by builders led to coercive recovery from homebuyers despite non-completion/ India Law Library Docid # 2425197