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(721) PUSHP CHAND Vs. SMT. MADHU RATHI[RAJASTHAN HIGH COURT] 16-07-2025
Civil Procedure Code, 1908 — Order 9 Rule 9 — Restoration of suit dismissed for default — Limitation — Restoration application filed over two years after dismissal without condonation of delay — Article 122 of Limitation Act, 1963 prescribes 30 days for such applications — Trial court erred in restoring suit without addressing limitation bar — Application for restoration can only be considered if filed within the prescribed period, or delay is condoned.
India Law Library Docid # 2428740

(722) PRIME CIVIL INFRASTRUCTURE PRIVATE LIMITED Vs. JODHPUR DEVELOPMENT AUTHORITY[RAJASTHAN HIGH COURT] 16-07-2025
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Court intervention sought due to respondent's failure to form Dispute Review Expert/Board (DRE/DRB) and refusal to nominate an arbitrator — Section 11 application allowed where an arbitration clause exists and a dispute is evident, even if there are differing views on pre-arbitration steps if the party seeking arbitration has
India Law Library Docid # 2428741

(723) SHERU KHAN Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-07-2025
Penal Code, 1860 (IPC) — Sections 452, 326, 324 and 302 — Acid attack — Conviction upheld — Eyewitness testimonies of injured witnesses (PW-1, PW-3, PW-16) corroborated by medical evidence (PW-12, PW-13, injury reports) proving acid injuries and lethal nature of injuries sustained by deceased (Mustaq) — Acid attack on infant causing 70% burn injuries sufficient to cause death in ordinary course of nature, falling under Section 300(c) IPC — Recovery of steel canister containing acid from
India Law Library Docid # 2428742

(724) STATE OF RAJASTHAN Vs. SANWAR MAL AND OTHERS[RAJASTHAN HIGH COURT] 16-07-2025
Penal Code, 1860 (IPC) — Sections 498A, 304B, 302 — Appeal against acquittal — Cruelty and harassment — Dowry demand — Extra-judicial confession — Recovery of weapon — Improvements and omissions in complaint and evidence — Accused acquitted by trial court — State appeal dismissed
India Law Library Docid # 2428743

(725) HDFC BANK LTD. Vs. DCB BANK LTD.[DEBTS RECOVERY TRIBUNAL-II, DELHI] 16-07-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 17 — Application to DRT — Maintainability — Dispute between secured creditors with differing priorities — Not maintainable before DRT — Such disputes to be resolved through arbitration under Section 11.
India Law Library Docid # 2428089

(726) MALA DEVI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 16-07-2025
Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian
India Law Library Docid # 2427876

(727) KRISHNA SWAROOP AGARWAL (DEAD) THR. LR. Vs. ARVIND KUMAR[SUPREME COURT OF INDIA] 16-07-2025
Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section
India Law Library Docid # 2427877

(728) SHIV BARAN Vs. STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 16-07-2025
Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene
India Law Library Docid # 2427878

(729) BYLURU THIPPAIAH @ BYALURU THIPPAIAH @ NAYAKARA THIPPAIAH Vs. STATE OF KARNATAKA[SUPREME COURT OF INDIA] 16-07-2025
Penal Code, 1860 — Section 302 — Murder — Conviction — Concurrent findings of guilt by Trial Court and High Court — Supreme Court will not re-assess evidence unless there is violation of natural justice, misreading of evidence, or error of law — Appeals challenging conviction dismissed.
India Law Library Docid # 2427879

(730) BIRKA SHIVA Vs. THE STATE OF TELANGANA[SUPREME COURT OF INDIA] 16-07-2025
Penal Code, 1860 — Sections 363, 342, 376 — Kidnapping, Wrongful Confinement, Rape — Prosecution failed to prove the age of the victim (minor) beyond reasonable doubt when the only evidence was a school certificate not corroborated by oral testimony of parents or the person who made the entry.
India Law Library Docid # 2427880

(731) JAI PRAKASH Vs. STATE OF UTTARAKHAND[SUPREME COURT OF INDIA] 16-07-2025
Penal Code, 1860 — Sections 302, 376, 377; Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 5, 6 — Conviction for murder, rape, unnatural offences, and sexual offences against a child — Evidence relied upon includes last seen theory, recovery of body from appellant’s hut, and DNA evidence linking appellant to victim — Trial court and High Court concurrently held appellant
India Law Library Docid # 2427881

(732) THE STATE OF HIMACHAL PRADESH AND ANOTHER Vs. JSW HYDRO ENERGY LIMITED AND OTHERS[SUPREME COURT OF INDIA] 16-07-2025
Electricity Act, 2003 — CERC Regulations, 2019 — Interpretation — Note 3 of Regulation 55 setting a 13% cap on free power for home state (FEHS) is for tariff calculation purposes and does not prohibit a generating company from supplying more than 13% free power as per its contractual obligations.
India Law Library Docid # 2427882

(733) BALJINDER KUMAR @ KALA Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 16-07-2025
Penal Code, 1860 — Sections 302, 308, 325 — Murder and causing grievous hurt — Evidence — Eyewitness testimony — Contradictions — Supreme Court found major contradictions in the testimonies of key prosecution witnesses (PW1 and PW2) regarding material particulars of the incident, rendering their accounts unreliable.
India Law Library Docid # 2427883

(734) SATENDER KUMAR ANTIL Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER[SUPREME COURT OF INDIA] 16-07-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) — Section 35(3) — Notice by Investigating Agency — Service by Electronic Communication — Held, not permissible — Legislature specifically excluded service of notice under Section 35 from ambit of procedures permissible through electronic communication under Section 530 — Conscious omission signifies legislative intent — Introducing electronic service for Section 35 would violate intent and Article 21 of Constitution due to direct impact on in
India Law Library Docid # 2428206

(735) GOPAL AND OTHERS Vs. MOTI LAL[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 16-07-2025
Rajasthan Tenancy Act, 1955 — Section 251 — Jurisdiction — Suits relating to agricultural land — Disputes concerning rights of way situated on agricultural land fall under the exclusive jurisdiction of revenue authorities, not civil courts.
India Law Library Docid # 2428688

(736) SURESH SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 16-07-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 145, 146 — Proceedings under — Initiation — Requirement of imminent danger of breach of peace — Such danger must be shown with cogent material, not vague assertion — Criminal proceedings under Sections 145/146 are not warranted if a party has approached civil court for rights determination and property security can be ensured — If apprehension of breach of peace exists, action under Sections 107/116 CrPC may be taken.
India Law Library Docid # 2428862

(737) SMT. SARITA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-07-2025
Criminal Procedure Code, 1973 (CrPC) — Section 397, 398, 401 — Revision Petition — Acquittal — Petition against acquittal by Trial Court — Appeal against acquittal of accused for offences under Sections 307, 325, 323, 147, 148, 149, 341, 447 IPC — Acquittal upheld by High Court — Prosecution failed to prove guilt
India Law Library Docid # 2428863

(738) ABHISHEK MIRDHA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 16-07-2025
Consumer Protection Act, 1986 — Section 16(1A) — Appointment of Members of District Consumer Disputes Redressal Commission — State Government's Discretion — While the State Government has discretion to act upon recommendations of the Selection Committee, this discretion must be exercised reasonably, not arbitrarily or discriminatorily.
India Law Library Docid # 2428864

(739) UNION OF INDIA Vs. BHAG CHAND[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-07-2025
Railway Claims Tribunal Act, 1987 — Section 23 — Appeal against Award — Civil miscellaneous appeal filed by appellant against the judgment and award of the Railway Claims Tribunal. Relief granted by the Tribunal was Rs. 5,60,000/- as compensation with interest.
India Law Library Docid # 2428603

(740) SMT. KAMLI DEVI AND OTHERS Vs. MAHESH KUMAR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-07-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal against award — Deceased's Salary — House Rent Allowance — Deduction of House Rent Allowance when computing compensation for loss of income is illegal and arbitrary — Supreme Court rulings confirm that allowances like House Rent Allowance must be included in salary for compensation calculation — Compensation for loss of income to be calculated based
India Law Library Docid # 2428604