(781) NOOR MOHAMMED @ SHAHBAZ @ SIKENDER AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 27-03-2025 Penal Code, 1860 — Sections 120B, 364A, 342 — Criminal Conspiracy — Kidnapping for Ransom — Wrongful Confinement — Proof — A charge of criminal conspiracy (Section 120B) to commit offences like kidnapping for ransom (Section 364A) and wrongful confinement (Section 342) can be established by proving the hatching of the conspiracy and acts done in furtherance thereof through consistent testimonies of witnesses (including accomplices/approvers, if corroborated), seizure evidence, identification evi India Law Library Docid # 2425210
(782) SAIKAT DAS Vs. THE STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 27-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Maintenance — Wife Living Separately without Sufficient Reason — A wife who chooses to live separately from her husband without sufficient reason is disentitled to maintenance under Section 125(4) CrPC — Where the wife leaves the matrimonial home and fails to establish valid grounds like cruelty or desertion by the husband, especially when her parallel case under the Protection of Women from Domestic Violence Act, 2005 alleging torture was India Law Library Docid # 2425253
(783) KANTI DEVI Vs. STATE OF UP AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 27-03-2025 U.P. Land Revenue Code, 2006 — Section 80 — Declaration of land use for non-agricultural purposes — Powers and functions of Sub-Divisional Officer (SDO) — SDO can grant or reject application for declaration after enquiry — Scope of SDO’s power limited by statutory provisions — SDO cannot impose conditions not envisaged or authorized by Section 80 or relevant rules (U.P. Revenue Code Rules, 2016 — Rule 85-87). India Law Library Docid # 2425295
(784) TAUFIK AHMAD Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 27-03-2025 Criminal Procedure Code, 1973 — Section 482 — Inherent Powers of High Court — Scope — Power to quash criminal proceedings to prevent abuse of process or secure ends of justice — Power distinct from power to compound offences under Section 320 CrPC — Applicable even to non-compoundable offences, but to be exercised sparingly, with caution, considering nature and gravity of offence India Law Library Docid # 2425296
(785) CHANDAN SINGH @ CHANDRA PAL SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION, SITAPUR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 27-03-2025 U.P. Consolidation of Holdings Act, 1953 — Sections 4, 9A(2), 49 — Effect of notification under Section 4 — Commencement of consolidation operations — Adjudication of title disputes by consolidation authorities — Bar on jurisdiction of civil/revenue courts — Abatement of pending suits/proceedings relating to land under consolidation affecting rights or title. India Law Library Docid # 2425297
(786) SHEIKH JAVEED AHMAD AND ANOTHER Vs. STATE OF J&K AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Service Law — Appointment — Relaxation of Qualification — Impossibility of Performance — Lex non cogit ad impossibilia — Where the appointing authority (SKIMS), after sponsoring candidates for a required diploma and making efforts to secure their admission, found that the diploma course was unavailable or discontinued, and this was corroborated by an external expert from a premier institution (AIIMS), the High Court erred in concluding that there was no impossibility in securing the qualificatio India Law Library Docid # 2425398
(787) REKHA SHARAD USHIR Vs. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD[SUPREME COURT OF INDIA] 26-03-2025 Negotiable Instruments Act, 1881 (NI Act) — Section 138 — Criminal Procedure Code, 1973 — Sections 200, 203, 204 — Suppression of Material Facts in Complaint — Abuse of Process of Law — Duty of Magistrate — Filing a complaint under Section 138 of the NI Act while deliberately suppressing material facts and documents constitutes an abuse of the process of law, disentitling the complainant to seek justice — Where the accused, upon receiving the statutory demand notice, had sent letters demanding c India Law Library Docid # 2423908
(788) THE CHIEF OFFICER, NAGPUR HOUSING AND AREA DEVELOPMENT BOARD (A MHADA UNIT) AND OTHERS Vs. MANOHAR BURDE[SUPREME COURT OF INDIA] 26-03-2025 Consumer Protection Act, 1986 — Housing — Delay in Possession — Refund — Rate of Interest — Reasonableness — When possession of an allotted flat/plot is significantly delayed by a development authority/housing board and the home buyer opts for a refund, the buyer is entitled to a refund of the deposited amount with reasonable interest thereon — Interest @ 9% p.a., as awarded by the NCDRC considering the entirety of facts, was held to be fair and reasonable — The High Court's enhancement of inter India Law Library Docid # 2423909
(789) STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION CHENNAI CITY-I DEPARTMENT Vs. G. EASWARAN[SUPREME COURT OF INDIA] 26-03-2025 Criminal Procedure Code, 1973 — Sections 482 and 397(3) — Quashing of Proceedings — Inherent Powers after Dismissal of Revision — Scope and Limitations — While the bar under Section 397(3) CrPC does not completely curtail the High Court's inherent power under Section 482 CrPC, this power must be exercised sparingly, cautiously, and only to prevent miscarriage of justice or correct procedural irregularities, especially when a revision petition against the same order has already been dismissed by India Law Library Docid # 2423910
(790) DQS CERTIFICATION INDIA PVT.LTD. Vs. ISACA INC. AND OTHERS[DELHI HIGH COURT] 26-03-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rules 10 and 11 read with S. 151 — Rejection/Return of Plaint — Application by Defendant No.1 — Instant application filed by defendant No.1 seeking rejection/return of plaint instituted by Indian plaintiff, citing lack of territorial jurisdiction of the High Court of Delhi based on an exclusive jurisdiction clause within the governing License Agreement favouring foreign courts and principles of forum non conveniens. India Law Library Docid # 2423963
(791) SHASMITH TECHNOLOGIES PRIVATE LIMITED Vs. MAX HEALTHCARE INSTITUTE LIMITED[DELHI HIGH COURT] 26-03-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Commercial Courts Act, 2015 — Section 12A — Rejection of Plaint — Pre-institution Mediation — Petition challenges Trial Court's order dismissing defendant/petitioner's application under Order 7 Rule 11 CPC seeking rejection of a commercial suit on the ground of non-compliance with mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 India Law Library Docid # 2423964
(792) M/S DEWAN CHAND Vs. THE CHAIRMAN CUM MANAGING DIRECTOR AND ANOTHER[DELHI HIGH COURT] 26-03-2025 Arbitration — Appointment of Arbitrator — Procedural History — Successive Petitions — Withdrawal of Prior Petitions — The present petition represents the petitioner's third attempt to seek appointment of an arbitrator under Section 11 — The first petition was dismissed as withdrawn with liberty granted to file afresh— The second petition was subsequently filed and later dismissed as withdrawn unconditionally, without any liberty being granted to file afresh. India Law Library Docid # 2423965
(793) PARMESHWAR KUMAR BAGGA Vs. AVINASH BAGGA[DELHI HIGH COURT] 26-03-2025 Civil Procedure Code, 1908 (CPC) — Section 151, Section 144 — Consent Decree — Application for Setting Aside — Challenge to Dismissal — Petition filed under Article 227 challenging Trial Court's order dated 20.09.2022, which dismissed petitioner/plaintiff's application seeking setting aside of a consent decree passed on 01.07.2022 in a suit for possession and mesne profits against his brother. India Law Library Docid # 2423966
(794) GAJENDRA SINGH Vs. REENA BALMIKI AND ANOTHER[SUPREME COURT OF INDIA] 26-03-2025 Family Law — Maintenance — Criminal Procedure Code, 1973 (CrPC) — Section 125 — Protection of Women from Domestic Violence Act, 2005 — Section 23 — Appeal arose initially from the High Court's dismissal of a Criminal Revision filed by the appellant-husband — The husband sought adjustment of maintenance awarded under S. 125 Cr.P.C. against the higher maintenance subsequently awarded under the DV Act — The High Court had upheld the lower courts' view that the S. 125 Cr.P.C. amount was considered w India Law Library Docid # 2424001
(795) VINOD RAGHUVANSHI Vs. AJAY ARORA[MADHYA PRADESH HIGH COURT] 26-03-2025 Criminal Procedure Code, 1973 — Section 391 — Additional Evidence in Appeal — Scope and Limitations — The power vested in the appellate court under Section 391 Cr.P.C. to take additional evidence is discretionary and must be exercised sparingly — It is primarily intended for situations where the party seeking to adduce evidence was prevented from doing so during the trial despite due diligence, or where new facts necessitating such evidence came to light later — The core objective is to ensure j India Law Library Docid # 2424137
(796) SENIOR GENERAL MANAGER (CELLULAR) THROUGH ITS AUTHORIZED OFFICER MR. MRUGESHKUMAR JAYANTILAL SHAH AND OTHERS Vs. RAJAT SINGH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025 Service Law — Disciplinary Proceedings — Unauthorized Absence — Wilfulness — While unauthorized absence from duty does not always equate to wilful absence, especially if caused by compelling circumstances beyond the employee's control, the principle requiring the disciplinary authority to establish wilfulness (Krushna Kant B Parmar) is not an absolute rule — In cases of prolonged unauthorized absence, particularly where leave applications were rejected or not sanctioned, and the employee fails t India Law Library Docid # 2424138
(797) GOPAL KRISHNA Vs. ANANDPALSINGH S/O GYANPALSINGH DECEASED THROUGH LRS DEEPAK SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025 Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale — Interpretation of Document — A document titled "Shartiya Frokhtnama" containing an explicit condition for reconveyance upon repayment of the consideration amount within a specified period (five years) constitutes a mortgage by conditional sale under S. 58(c), not an outright sale — The interpretation considers the specific terms embedded within the document itself, the legal maxim "once a India Law Library Docid # 2424139
(798) YADWINDER SINGH Vs. LAKHI ALIAS LAKHWINDER SINGH & ANR. ETC[SUPREME COURT OF INDIA] 26-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 319 — Power to Summon Additional Accused — Basis — Evidence During Trial — Examination-in-Chief — The power under Section 319 CrPC to proceed against any person not arraigned as an accused is triggered if it appears from the evidence during the course of any inquiry or trial that such person has committed an offence — This "evidence" refers to material recorded by the court, including statements made during examination-in-chief — The court is not re India Law Library Docid # 2424111
(799) KEWAL SINGH KANG AND OTHERS Vs. UNION OF INDIA[RAJASTHAN HIGH COURT] 26-03-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause — Liberal Approach vs. Negligence & Lack of Bona Fides — While Section 5 of the Limitation Act empowers courts to condone delay upon demonstration of “sufficient cause” and generally calls for a liberal, justice-oriented approach, this discretion cannot be exercised arbitrarily or to revive stale claims where negligence, inaction, or lack of bona fides is apparent — The acceptability of the explanation, not merely the len India Law Library Docid # 2424173
(800) MOHAMMAD SALIM AND OTHERS Vs. ABDUL KAYYUM AND OTHERS[RAJASTHAN HIGH COURT] 26-03-2025 Civil Procedure Code, 1908 — Order 8 Rule 1A(3) — Registration Act, 1908 — Sections 17 & 49 Proviso — Admissibility of Unregistered Partition Deed — Collateral Purpose — While Order VIII Rule 1A(3) CPC requires a defendant to produce documents relied upon with the written statement, and mandates leave of court for later production, such leave may be granted even at a subsequent stage — An unregistered partition deed, though compulsorily registrable under Section 17 of the Registration Act and in India Law Library Docid # 2424174