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(761) MURLIDHAR AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 15-07-2025
Penal Code, 1860 (IPC) — Sections 326/149, 323, 148 — Conviction for causing grievous hurt by a sharp weapon — Prosecution failed to establish that injuries were grievous or caused by a sharp-edged weapon — Absence of X-ray reports, radiologist testimony, or evidence of bony injury rendered conviction under Section 326/149 unsustainable.
India Law Library Docid # 2428867

(762) BIPUL KUMAR ALIAS VIPUL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 15-07-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — Bail — Release of juvenile on bail is the presumptive rule, detention is an exception — Gravity of offence cannot be the sole ground to deny bail to a juvenile — Release of juvenile is preferred unless there's a substantial belief that such release could lead to association with criminals, exposure to harm, or frustration of justice objectives —
India Law Library Docid # 2428868

(763) M/S VINOD INFRADEVELOPERS LIMITED Vs. THE JODHPUR DEVELOPMENT AUTHORITY AND OTHERS[RAJASTHAN HIGH COURT] 15-07-2025
Constitution of India, Article 226 — Locus Standi — Application for impleadment by neighbour — Held applicant has no locus standi as original petition concerns JDA proceedings and petitioner's grievance is already to be heard before PLPC.
India Law Library Docid # 2428869

(764) PRAKASH MANDA Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION RSRTC AND OTHERS[RAJASTHAN HIGH COURT] 14-07-2025
Rajasthan State Road Transport Corporation Workers & Workshop Employees Standing Orders, 1965 — Clause 8(iii) & (iv) — Termination of Probationary Services — Allegation of carrying passengers without tickets — Order of termination held to be punitive and stigmatic — Enquiry required — Failure to hold enquiry renders order unsustainable in law — Order quashed with liberty to pass fresh order after following
India Law Library Docid # 2428744

(765) MOOL CHAND MEENA Vs. SMT. DHANNI DEVI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-07-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 & Section 151 CPC — Setting aside ex-parte decree — Delay in filing application — Plaintiff filed suit for specific performance and permanent injunction, ex-parte proceedings initiated and decree granted due to defendants' non-appearance — Defendants filed application to set aside ex-parte decree long after the decree and after appearing in execution proceedings — Trial court erred in allowing the application for setting aside the ex-parte decre
India Law Library Docid # 2428605

(766) VIMAL CHAND SURANA Vs. OMPRAKASH AGARWAL AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-07-2025
Jurisdiction of Rent Tribunal — Landlord-tenant relationship — Rent Eviction Application filed under Section 9 of the Rent Control Act, 2001 — Maintainability challenged based on Section 18 of the Act — Previous order by Appellate Tribunal rejecting application for additional issues, including jurisdiction, attained finality — Impugned order remitting matter to Rent Tribunal on jurisdiction issue without deciding
India Law Library Docid # 2428606

(767) SMT. CHUKI DEVI AND OTHERS Vs. KESA RAM AND OTHERS[RAJASTHAN HIGH COURT] 14-07-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Enhancement — Calculation of compensation in motor accident claim — Held, multiplier should be 16 for age of deceased between 31-35 years and not 17. Deduction for personal expenses should be 1/5th where dependants exceed six and not 1/3rd. Future prospects at 40% for self-employed deceased below 40 years should be added. Convention heads for loss of estate,
India Law Library Docid # 2428745

(768) SURESH JATAV Vs. SUKHENDRA SINGH AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Section 168 — Compensation — Assessment of Income — Skilled Mason — In 2002, a skilled mason’s daily income of Rs. 200 leading to a monthly income of Rs. 6000 can be accepted — Considering a Coolie’s income of Rs. 4500 in 2004 and an estimated Rs. 500 annual increase for an unskilled worker, a skilled mason’s higher income is plausible and justified. (Paras 3, 6,
India Law Library Docid # 2427826

(769) MEENA (DEAD) REPRESENTED THR. LRS. Vs. PRAYAGRAJ AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Claims — Legal representatives — Right to pursue claim after death of injured claimant — Property under the Act includes the estate left behind by the deceased, having a wider connotation than its conventional definition — If legal heirs can pursue claims in case of death, there is no reason to prohibit legal representatives from pursuing claims for loss of a property akin to the estate of the
India Law Library Docid # 2427827

(770) THE ORIENTAL INSURANCE CO. LTD. Vs. NIRU @ NIHARIKA AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Compensation — Multiplier — Remarriage of widow — Effect on minor children’s entitlement — Minor children of the deceased are entitled to the multiplier adopted by the Tribunal despite the remarriage of the deceased’s wife, as their loss of dependency is not extinguished by the mother’s remarriage.
India Law Library Docid # 2427828

(771) MADHUKAR AND OTHERS Vs. THE STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent Power of High Court — Quashing of FIR — Effect of Compromise — Cases under Section 376 IPC (Rape) — While generally grave offenses like rape are not quashed on compromise, the Court’s power under Section 482 CrPC is broad and must be exercised based on the specific facts of each case to secure the ends of justice.
India Law Library Docid # 2427829

(772) SANJU BAI PRAJAPATI AND OTHERS Vs. THE NEW INDIA ASSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Motor Accident Claims — Proof of Accident and Vehicle Involvement — Delay in FIR — Significance of Murg Report — High Court’s dismissal of claim based on perceived inconsistencies in eyewitness testimony and delay in FIR registration is improper when a ‘Murg report’ (medical-legal report) on the same day establishes the accident.
India Law Library Docid # 2427830

(773) VIKRAM BHALCHANDRA GHONGADE Vs. THE HEADMISTRESS GIRLS HIGH SCHOOL AND JUNIOR COLLEGE, ANJI (MOTHI), TAH. AND DISTT. WARDHA AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Payment of Gratuity Act, 1972 — Section 4(5) — Maharashtra Civil Services (Pension) Rules, 1982 — Gratuity to teachers in aided schools — Applicability of Act of 1972 vs. Rules of 1982 — Aided school teachers, though not strictly government employees, are akin to them for monetary benefits due to government sanction of posts and payment of salaries and benefits — Rules of 1982 are more beneficial than
India Law Library Docid # 2427831

(774) PANDURANGAN Vs. T. JAYARAMA CHETTIAR AND ANOTHER[SUPREME COURT OF INDIA] 14-07-2025
Civil Procedure Code, 1908 — Order 7, Rule 11 (d) — Rejection of plaint — Bar by law (Res Judicata) — Scope of inquiry — A plea of res judicata cannot be decided in an application under Order VII, Rule 11(d) CPC, as it requires consideration of previous pleadings, issues, and decisions, which goes beyond merely examining the averments in the plaint. The defence of the defendant and documents relied upon by him cannot be considered for rejecting a plaint under this rule.
India Law Library Docid # 2427832

(775) ARUN KUMAR SHARMA AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
National Green Tribunal Act, 2010 — Section 14 — Jurisdiction — Petroleum Rules, 2002 — Scope of Challenge — Environmental Concerns — The NGT’s jurisdiction under Section 14 is primarily for environmental protection. Challenges to No Objection Certificates (NOCs) for petrol pumps based on environmental impact and siting criteria fall within its purview. However, the NGT found that challenges primarily centered on Rule 144 of the Petroleum Rules, 2002, or other non
India Law Library Docid # 2427833

(776) UMEDRAJ JAIN Vs. V. SUDARSANAN[SUPREME COURT OF INDIA] 14-07-2025
Civil Procedure Code, 1908 — Section 2(2) & Order 20 Rule 6 — Final Decree — Satisfaction — Power of Court to determine full and final satisfaction of a decree — Supreme Court, in an appeal, can order a lump sum payment as full and final settlement of all dues arising from a final decree, even if it modifies prior orders of lower courts, to end prolonged litigation and avoid wastage of time and resources.
India Law Library Docid # 2427834

(777) INDIAN OIL CORPORATION LIMITED AND OTHERS Vs. M/S SHREE NIWAS RAMGOPAL AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Public Sector Undertakings — Action of — Fairness and Equity — The judgment emphasizes that a statutory corporation, as a state instrumentality, must act justly, fairly, and equitably in commercial matters, rather than in a high-handed or arbitrary manner.
India Law Library Docid # 2427835

(778) COMMUNIDADE OF TIVIM Vs. STATE OF GOA AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Goa, Daman and Diu Agricultural Tenancy Act, 1964 — Sections 9, 10, 11, 18A, 18C, 18D, 18K — Goa Land Use (Regulation) Act, 1991 — Section 2 — Code of Comunidades — Article 154(3), 30(4)(g) — Compromise of proceedings — Tenancy Rights — Land Use — Communidade — Powers of Administrative Tribunal — A proposed compromise between a Communidade (agricultural association with common properties) and private respondents (predecessors-in-interest of tenants) cannot be sanctioned by the Administrative Tri
India Law Library Docid # 2427836

(779) THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. USHA DEVI AND OTHERS[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Section 163A — Application for compensation — Maintainability — Proof of negligence — Under Section 163A, proof of negligence is not required for seeking compensation, as it operates on a structured formula basis to provide final adjudication within a limited timeframe — Introduction of Section 163A intended to overcome delays in fault liability claims — Allowing a defense of
India Law Library Docid # 2427837

(780) SUHAGRANI AND OTHERS Vs. MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD[SUPREME COURT OF INDIA] 14-07-2025
Motor Vehicles Act, 1988 — Section 166 — Claim for Compensation — Accident and Liability — Evidentiary Value — High Court erred in dismissing claim based on PW-2’s (son’s) police statement (Ex. D-1) when he retracted it in Tribunal, stating he denied making such statement and police recorder of statement (Ex. D-1) was not examined and contents of Ex. D-1 were not proved by insurer.
India Law Library Docid # 2427838