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(641) STATE OF MADHYA PRADESH AND OTHERS Vs. SMT. BHAWNA GOSWAMI[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-04-2025
Constitution of India — Article 226 — Family Planning Indemnity Scheme, 2013 — Clause 1.2(8) — Limitation for Compensation Claim (Failed Sterilization) — Interpretation — Beneficial Legislation — The limitation period of 90 days prescribed under Clause 1.2(8) of the Family Planning Indemnity Scheme, 2013 for filing a compensation claim with the District Indemnity Sub Committee (DISC) following the occurrence of death, failure, or complication arising from sterilization, should be construed liber
India Law Library Docid # 2425453

(642) UNITED INDIA INSURANCE CO. LTD. Vs. SMT. MUNNI AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-04-2025
Motor Vehicles Act, 1988 — Sections 149(2)(a)(i)(a), 2(14), 2(44), 2(46) — Insurance Liability — Use of Tractor-Trolley — Agricultural Purpose vs. Commercial Purpose — Breach of Policy Conditions — The determination of whether a tractor-trolley was being used for agricultural purposes or commercial purposes, thereby constituting a breach of insurance policy, depends on the specific facts of each case — Merely carrying agricultural produce (vegetables) for sale by the owner/farmer does not automa
India Law Library Docid # 2425446

(643) P.C. SHAMRA (PRAKASH MANGILAL SHARMA) Vs. SHRI BHAGWANDAS SAHBNANI[MADHYA PRADESH HIGH COURT] 02-04-2025
Representation of the People Act, 1951 — Sections 80, 81, 83, 86, 100, 101 — Election Petition — Corrupt Practices — Lack of Material Particulars — Dismissal under Order VII, Rule 11 CPC — An election petition alleging corrupt practices (such as tampering with EVM machines) must contain full material particulars of such practices as required by Section 83 of the Representation of the People Act, 1951 — Where the petition makes only general allegations, for instance, that EVM batteries showed unu
India Law Library Docid # 2425450

(644) ASHOK KUMAR TRIPATHI Vs. STATE OF M.P AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-04-2025
Service Law — Disciplinary Proceedings — Judicial Review — Scope — Standard of Proof — Finding of Fact based on Evidence — The scope of judicial review in disciplinary matters is limited — Courts do not act as appellate authorities to reappreciate evidence or substitute their own findings for that of the disciplinary authority — Interference is permissible only if the findings are based on no evidence, are perverse, vitiated by procedural errors, violation of natural justice, or statutory rules
India Law Library Docid # 2425451

(645) R.N. SHRIVASTAVA Vs. PURAN SINGH AND OTHERS[MADHYA PRADESH HIGH COURT] 02-04-2025
Madhya Pradesh Land Revenue Code, 1959 — Section 165(6) — Transfer of Land by Bhumiswami belonging to Aboriginal Tribe to Non-Tribal — Permission of Collector — Effect of Non-Compliance — Any transfer of land held by a Bhumiswami belonging to an aboriginal tribe, specified as such, to a person not belonging to such tribe requires the prior permission of the Collector under Section 165(6) of the M.P. Land Revenue Code, 1959 (as applicable at the relevant time) — A transfer effected without such m
India Law Library Docid # 2425452

(646) THE SECRETARY, ALL INDIA SHRI SHIVAJI MEMORIAL SOCIETY (AISSMS) AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Service Law — Pay Scale & Promotion — Teachers in Technical Institutions — AICTE Regulations — 6th Central Pay Commission — Entitlement to higher pay scale (Pay Band Rs. 37400-67000, AGP Rs. 9000) and re-designation as Associate Professor under AICTE Notification dated 05.03.2010, Clause (ix) — Dispute concerning Assistant Professors/Lecturers in private unaided technical institutions governed by AICTE norms, specifically whether possessing the
India Law Library Docid # 2424105

(647) PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LIMITED) Vs. 63 MOONS TECHNOLOGIES LIMITED AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Insolvency and Bankruptcy Code, 2016 (IBC) — Sections 30(2), 31, 61(3) — Resolution Plan — Approval — Scope of Judicial Review — Commercial Wisdom of Committee of Creditors (CoC) — The scope of judicial review for the Adjudicating Authority (NCLT) under S. 31 is limited to examining if the resolution plan meets the requirements of S. 30(2) IBC — The scope of review for the Appellate Authority (NCLAT) under S. 61(3) is further restricted to the specific grounds mentioned therein — The commercial
India Law Library Docid # 2424106

(648) KISHORE CHHABRA Vs. THE STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Land Acquisition Act, 1894 – Release of Land from Acquisition – State Policy (Haryana) – Release of existing factory – Requirement of valid Change of Land Use (CLU) permission – Where the State policy provides for release of existing factories from acquisition, such release is contingent upon the factory/establishment possessing a valid CLU permission issued under the relevant development control legislation (Punjab Scheduled Roads & Controlled Areas Restrictions of Unregulated Development Act,
India Law Library Docid # 2424107

(649) I. K. MERCHANTS PVT. LTD. AND OTHERS Vs. THE STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Civil Procedure Code, 1908 — Section 34 — Interest — Award of interest on decretal amount for payment of money — Valuation of Shares — Delayed Payment — Where the valuation of shares acquired by the State Government in 1973 was finally determined after five decades of litigation, the primary issue remaining was the appropriate rate of interest payable on the enhanced valuation to compensate the appellants for the delay.
India Law Library Docid # 2424108

(650) AMRESH SHRIVASTAVA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Service Law — Disciplinary Proceedings — Quasi-Judicial Functions — Scope of Inquiry — Disciplinary proceedings against a government officer for an order passed while exercising quasi-judicial functions (like a Tehsildar passing a land settlement order under the M.P. Land Revenue Code, 1959) are permissible only in specific, limited circumstances and not merely because the order is erroneous or incorrect — The government is not precluded from taking action only if the officer's conduct falls wit
India Law Library Docid # 2424109

(651) SATBIR SINGH Vs. RAJESH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused — Standard of Satisfaction Required — The power under S. 319 Cr.P.C. to summon a person not arraigned as an accused can be exercised if it appears from the evidence during inquiry or trial that such person has committed an offence for which they ought to be tried together with the accused facing trial — Relying on Hardeep Singh, the degree of satisfaction required for summoning is more than a prima facie case as needed
India Law Library Docid # 2424110

(652) RAMAYANA ISPAT PVT. LTD. AND ANOTHER Vs. STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Electricity Act, 2003 — Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 — Validity — Challenge to regulations imposing restrictions and conditions on open access for captive power plants (CPPs) and other large consumers — Issues pertain to RERC's jurisdiction over inter-state open access, reasonableness of penalties for drawal variations, validity of advance scheduling notice requirement, alleged discrimination against CPPs, and whether the ri
India Law Library Docid # 2424103

(653) M/S FAIME MAKERS PVT. LTD. Vs. DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES (3), MUMBAI AND OTHERS[SUPREME COURT OF INDIA] 01-04-2025
Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) — Section 11 — Deemed Conveyance / Assignment of Leasehold Rights — Maintainability of second application before Competent Authority — Where the first application for deemed conveyance/assignment was dismissed by the Competent Authority due to legal complications arising from various transactions and transfers, with a specific direction that the applicant Society must firs
India Law Library Docid # 2424104

(654) NAJMA AND OTHERS Vs. THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 01-04-2025
Code of Criminal Procedure, 1973 — S. 439 — Grant of Bail — Conditions — Jurisdiction — Restoration of Possession — A Court exercising jurisdiction under S. 439 CrPC, while granting bail, acts beyond its scope and power if it imposes a condition requiring the accused to handover possession of immovable property to the de facto complainant — Such a condition effectively amounts to passing a decree for restoration of possession, which is impermissible in bail proceedings — Legal position clarified
India Law Library Docid # 2424204

(655) MANEKBEN RAMA TANDEL Vs. THE COLLECTOR DAMAN AND OTHERS[BOMBAY HIGH COURT] 01-04-2025
Land Acquisition — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Procedural Compliance and Natural Justice — Land acquisition proceedings conducted under the Right to Fair Compensation Act, 2013, wherein the acquiring authority provided multiple opportunities for hearing objections, considered them (including issuing fresh reports pursuant to court directions), and followed the statutory steps like Social Impact Assessment, Rehabilit
India Law Library Docid # 2424275

(656) PRIYA CONSTRUCTION COMPANY Vs. THE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF HOUSING AND OTHERS[BOMBAY HIGH COURT] 01-04-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 3(k) — State Government’s Power to Issue Directions — Scope — Policy Matters vs. Specific Projects — The power of the State Government under Section 3(k) of the Act to issue general or special directions to the Slum Rehabilitation Authority (SRA) is confined to matters of policy necessary for carrying out the Act’s purposes — This power does not extend to issuing binding directions concerning specific individua
India Law Library Docid # 2424366

(657) SRI. UMESH N. Vs. THE STATE OF KARNATAKA[KARNATAKA HIGH COURT (DHARWAD BENCH)] 01-04-2025
Evidence Act, 1872 — Section 32 — Dying Declaration — Reliability and Corroboration — Multiple Infirmities — A conviction cannot be based solely on dying declarations when they suffer from multiple infirmities and lack corroboration. Doubts regarding reliability arise from: (i) Contradictions regarding the victim’s ability to affix LTM (present on Ex.P28 recorded earlier, absent on Ex.P29 recorded later due to alleged burnt hands); (ii) Evidence suggesting the victim did not know the language (K
India Law Library Docid # 2424395

(658) MADIPAKKAM NORTH EAST RESIDENTS' WELFARE ASSOCIATION REP. BY ITS PRESIDENT MR. M. ANBALAGAN AND ANOTHER Vs. THE STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Act 24 of 1978) — Sections 11(3), 11(5), 11(6) — Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act 20 of 1999) — Section 4 — Lapse of Proceedings — Requirement of Actual Physical Possession — Burden of Proof — For proceedings initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, not to lapse under Section 4 of the Repeal Act, 1999, the State Government must establish that actual physical
India Law Library Docid # 2424483

(659) S. RAJAN Vs. R. SRINIVASAN AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) — Section 23(1) — Cancellation of Transfer/Settlement Deed — Condition for Maintenance — Implied Condition from Love and Affection — Purposive Interpretation — The condition under Section 23(1) of the Act, that the transferee shall provide basic amenities and physical needs to the senior citizen transferor, need not be expressly stated in the transfer document (like a Settlement Deed or Gift Deed) — Where a transfe
India Law Library Docid # 2424484

(660) K. GOPINATHAN Vs. THE DISTRICT COLLECTOR AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) — Section 4 — Maintainability of Complaint — Senior Citizen having Own Income/Property — The requirement under Section 4(1) that a senior citizen must be “unable to maintain himself from his own earning or out of the property owned by him” to be entitled to make an application for maintenance under Section 5, does not bar a senior citizen, who may have sufficient income or property, from approaching the authorities
India Law Library Docid # 2424485