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(461) SUPARNA BHALLA Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 07-04-2025
Criminal Procedure — Quashing of FIR — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 528 [Cr.P.C., 1973, Section 482] — Initial Stage — FIR Not Encyclopedia — The First Information Report (FIR) is not an encyclopedia of the entire prosecution case; its purpose is limited to setting the criminal law in motion — The absence of specific, detailed allegations against an accused in the FIR, or the fact that an accused is not named therein, is not a ground for quashing the FIR at the
India Law Library Docid # 2425066

(462) DINESH DUTTA Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 07-04-2025
Penal Code, 1860 — Sections 467, 468, 471 — Forgery of Valuable Security, Forgery for Cheating, Using Forged Document — Proof — Expert Evidence — Conviction under Sections 467, 468, and 471 IPC is sustainable where the prosecution proves through conclusive expert evidence (handwriting analysis) that the accused (a bank employee) was involved in forging documents related to the encashment of a high-value cheque via a fictitious bank account, and used such forged documents as genuine for the purpo
India Law Library Docid # 2425203

(463) IBRAHIM AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 07-04-2025
Criminal Law — Honour Killing — Motive — Disapproval of a love affair between the accused’s daughter/sister and the deceased, leading to diminishment of family reputation, can constitute a strong motive for committing murder (honour killing).
India Law Library Docid # 2425344

(464) KAILASH Vs. DEPUTY DIRECTOR OF CONSOLIDATION, SITAPUR AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 07-04-2025
U.P. Consolidation of Holdings Act, 1953 — Section 48 (as amended, including Explanation 3) — Revisional Jurisdiction — Scope of Power — Re-appreciation of Evidence — Section 48 of the Act vests the Deputy Director of Consolidation (DDC) with very wide revisional powers to examine the record of any case decided or proceedings taken by any subordinate authority — This power is exercised to satisfy himself as to the regularity of proceedings or the correctness, legality, or propriety of any order
India Law Library Docid # 2425345

(465) RAJENDRA SINGH Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 07-04-2025
Service Law — Appointment — Effect of Acquittal in Criminal Case — Suitability for Teacher Post — Denial of appointment to the post of Primary School Teacher solely on the ground of pendency/registration of a criminal case (involving IPC Sections 199, 200, 466, 467, 468, 471, 420) is unsustainable after the candidate has been acquitted of all charges by a competent criminal court.
India Law Library Docid # 2425370

(466) SUNITA SIGAR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 07-04-2025
Rajasthan Cooperative Societies Act, 2001 — Section 28(13) vs. Section 58 — Jurisdiction — Disqualification of Committee Member — The power to adjudicate upon the question of whether a member of the committee has incurred any disqualification mentioned under Section 28 or the rules/bye-laws vests specifically with the Registrar under Section 28(13) — This is distinct from the jurisdiction under Section 58 which deals with arbitration of disputes touching the constitution, management, or busines
India Law Library Docid # 2425371

(467) MANISH AGARWAL Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 07-04-2025
Rajasthan Police Rules, 1965 — Rules 4.4, 4.9 — Opening/Continuance of History Sheet — Justification — Opening or continuing a history sheet requires justification based on criteria like being a habitual offender (as defined), having consecutive convictions, or involvement in numerous cases indicating habitual criminality — The decision is subject to judicial scrutiny based on uniform criteria evolved through
India Law Library Docid # 2425372

(468) NAVNEET Vs. LRS OF SMT. PREM DEVI AND OTHERS[RAJASTHAN HIGH COURT] 07-04-2025
Criminal Procedure Code, 1973 — Section 391 — Additional Evidence at Appellate Stage — Scope and Conditions — An appellate court has the discretion under Section 391 CrPC to allow additional evidence if it deems necessary for the just decision of the case, provided reasons are recorded — This power should be exercised cautiously, not to fill lacunae in the prosecution case or merely for the asking, but where evidence is crucial to prevent miscarriage of justice and could not have been adduced a
India Law Library Docid # 2425373

(469) OM PRAKASH Vs. BHANWARLAL AND OTHERS[RAJASTHAN HIGH COURT] 07-04-2025
Stamp Act (Rajasthan Stamp Act, 1998) — Section 33, 35, 39 — Duty to Impound Insufficiently Stamped Documents — When an instrument chargeable with stamp duty but insufficiently stamped is produced before a court, the court is mandatorily required (‘shall’) under Section 33 to impound it — The court cannot reject an application to take such document on record (filed under O.VII R.14(3) or O.XIII R.1 CPC) merely on the ground of insufficient stamping.
India Law Library Docid # 2425374

(470) COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR AND ANOTHER Vs. INCOME TAX SETTLEMENT COMMISSIONER AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 07-04-2025
Income Tax Act, 1961 — Section 245C(1) and Section 245H — Settlement of Cases — Immunity from Prosecution and Penalty — Pre-requisites — Full and True Disclosure and Cooperation — For the Income Tax Settlement Commission to grant immunity from prosecution and penalty under Section 245H, three requirements must be met: (i) full and true disclosure of the income not disclosed to the Assessing Officer; (ii) the manner in which such income was derived; and (iii) that the applicant
India Law Library Docid # 2425429

(471) SADARAM AND OTHERS Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT] 07-04-2025
Criminal Procedure Code, 1973 — Section 482 (Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 528) — Quashing of FIR — NDPS Act — Negative FSL Report — Where the FSL report pertaining to the substance seized under the NDPS Act conclusively finds that the sample does not contain any narcotic drug or psychotropic substance, the very basis of the FIR is negated — Continuance of criminal proceedings in such a case would be an abuse of process, warranting quashing of the FIR and
India Law Library Docid # 2425410

(472) SUNITA GUPTA Vs. THE STATE OF MADHYA PRADESH SCHOOL EDUCATION DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 07-04-2025
Service Law — Appointment — Middle School Teacher — Eligibility Criteria — Interpretation of NCTE Regulations, 2014 — Requirement of 50% marks in Bachelor’s and/or Master’s Degree for B.Ed. — The interpretation of National Council for Teacher Education (NCTE) Regulation, 2014, regarding the eligibility criterion of securing 50% marks for admission to a B.Ed. program, specifically whether this requirement can be met by securing 50% marks in either the Bachelor’s
India Law Library Docid # 2425509

(473) TATA SKY LIMITED AND OTHERS Vs. S G ENTERPREISES - TATA SKY SALES AND SERVICES AND OTHERS[DELHI HIGH COURT] 05-04-2025
Practice and Procedure — Clarification of Orders — Inadvertent Errors — The Court has the power to correct inadvertent errors in its previous orders upon an application being filed demonstrating the error — In this instance, paragraphs in a previous order concerning the status and implementation timeline of the ‘Beneficiary Name Lookup Facility’ for RTGS/NEFT by RBI were corrected based on an application and clarification provided.
India Law Library Docid # 2424944

(474) GURWINDER SINGH ALIAS GORI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 05-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 [as applicable via Revision against JJB/Sessions Court orders] — Bail — General Principles — Presumption of Innocence — In considering bail applications, particularly in revisions against denial of bail, courts reiterate the fundamental principle of criminal jurisprudence, including the presumption of innocence — The grant of bail is generally the rule, and putting a person in jail or prison before conviction is an exception, requiring justifica
India Law Library Docid # 2425048

(475) SIMRANJIT SINGH AND OTHERS Vs. RAGHBIR SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 05-04-2025
Motor Vehicles Act, 1988 — Compensation in Injury Claims — Just Compensation Principle — Functional Disability vs. Physical Disability — The assessment of compensation in injury cases must adhere to the principle of ‘just compensation’, aiming to provide adequate recompense without being a bonanza or unduly meagre — In cases of permanent disability, the focus must be on the impact of the disability on the claimant’s earning capacity (functional disability), which may differ significantly from th
India Law Library Docid # 2425049

(476) KAMAL SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 05-04-2025
Service Law — Statutory Interpretation — Conflict between General and Specific Statutes — Transfer — Generalia specialibus non derogant & Leges posteriores priores contrarias abrogant — Where a general statute (Uttarakhand Annual Transfer of Public Servants Act, 2017) provides for transfer, including inter-cadre transfer under specific contingencies, but specific statutory service rules governing a particular cadre (Uttarakhand Subordinate Education (Trained Graduate Category) Service Rules, 201
India Law Library Docid # 2425231

(477) RAJVEER Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-04-2025
Criminal Procedure Code, 1973 — Section 457 — M.P. Excise Act, 1915 — Sections 34(2), 36, 46, 47-A(3)(a), 47-D — Interim Custody of Seized Vehicle — Bar on Jurisdiction of Trial Court — The scope of the trial court’s jurisdiction under Section 457 Cr.P.C. to release a vehicle seized in connection with offences under Sections 34(2), 36, and 46 of the M.P. Excise Act, in light of the bar stipulated under Section 47-D of the said Act, and the conditions precedent for the activation of such a
India Law Library Docid # 2425507

(478) KAMLABAI Vs. MANGILAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-04-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Concurrent Findings of Fact — Scope of Interference — The limited jurisdiction of the High Court under Section 100 CPC to interfere with concurrent findings of fact recorded by the trial court and the first appellate court, and the necessity for the involvement of a substantial question of law for such interference.
India Law Library Docid # 2425508

(479) SOUMEN PAUL AND OTHERS Vs. SHRABANI NAYEK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Service Law — Recruitment — Eligibility Qualification — Interpretation of Rules — West Bengal School Teachers Recruitment Rules, 2016, Rule 6(2) — Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016 (as amended on 22.12.2020), which requires candidates to possess the minimum educational and training qualification prescribed by the National Council for Teacher Education (NCTE) "prevailing as on date of publication of recruitment notification," primarily functions to incor
India Law Library Docid # 2424245

(480) A RAJENDRA Vs. GONUGUNTA MADHUSUDHAN RAO AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation Act, 1963 — Section 12 — Appeal to NCLAT — Limitation Period — Commencement and Calculation — The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone
India Law Library Docid # 2424246