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(821) BHARATPUR URBAN COOPERATIVE BANK LIMITED Vs. SMT. VIMLA DEVI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-07-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 34 — Bar of jurisdiction of Civil Courts — Civil court has no jurisdiction to entertain a suit pertaining to the SARFAESI Act proceedings as the same is barred by Section 34 of the said Act.
India Law Library Docid # 2428609

(822) HEERANAND NARWANI Vs. M/S. MANIFEST VENTURES LLP AND OTHERS[RAJASTHAN HIGH COURT] 10-07-2025
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Allegations of fraud and forgery do not automatically bar arbitration unless they are serious, complicated, or go to the root of the arbitration agreement itself.
India Law Library Docid # 2428751

(823) KAMAL KISHORE SONI Vs. LR OF SMT. INDIRA DEVI AND OTHERS[RAJASTHAN HIGH COURT] 10-07-2025
Civil Procedure Code, 1908 (CPC) — Section 151 & Order 8 Rule 1 — Application for filing written statement — Rejection on grounds of delay and improper provision invoked — Held, procedural technicalities should not defeat substantive justice — Court should grant opportunity to file written statement, with costs, even if delay is caused by non-service of summons.
India Law Library Docid # 2428752

(824) STATE OF RAJASTHAN Vs. PANNA RAM AND OTHERS[RAJASTHAN HIGH COURT] 10-07-2025
Penal Code, 1860 (IPC) — Sections 302, 201 — Murder, Causing disappearance of evidence of offence — Appeal against acquittal — Standard of appellate review — Appellate court can interfere with acquittal only if trial court's finding is illegal, perverse, or based on misreading/omission of material evidence, and no other reasonable view is possible except the guilt of the accused.
India Law Library Docid # 2428753

(825) SWATI SWAMI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 10-07-2025
Penal Code, 1860 (IPC) — Section 376 — Rape — Ingredients — False promise of marriage to a married woman — Allegations of sexual assault based on a promise to marry a woman who was already married to another person at the time of the alleged incident — Such promise cannot be considered a basis for inducement or coercion as the woman was aware of her subsisting marriage — Held, allegations do not satisfy the
India Law Library Docid # 2428754

(826) SAGATA RAM Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 10-07-2025
Penal Code, 1860 (IPC) — Sections 306 & 107 — Abetment of Suicide — Ingredients of abetment of suicide require direct or indirect instigation, conspiracy, or intentional aid with clear mens rea to abet the commission of suicide, and the act must be in close proximity to the suicide, leaving the victim with no other option
India Law Library Docid # 2428755

(827) KIRAN SINGARIA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 10-07-2025
Rajasthan Civil Services (Classification, Control And Appeal) Rules, 1958 — Rule 13(1) — Suspension — Suspension of employee is permissible when departmental inquiry is contemplated or pending, or criminal proceedings are pending — Authority must apply its mind to the allegations before passing suspension order
India Law Library Docid # 2428756

(828) KARTIKEY Vs. RAJASTHAN HIGH COURT, JODHPUR THROUGH REGISTRAR GENERAL[RAJASTHAN BENCH HIGH COURT (JAIPUR BENCH)] 10-07-2025
Service Law — Recruitment — Stenographer Grade-III — Rajasthan District Courts Ministerial Establishment Rules, 1986 — Rule 10 — Academic Qualifications — Hindi Shorthand Speed Test — Mandatory requirement — A candidate applying for the post of Stenographer (Hindi) must pass a speed test of 70 words per minute (WPM) in Hindi shorthand as per Rule 10(b)(i) of the 1986 Rules. This is a mandatory academic qualification, not merely a criterion for marks. (Paras 4, 9, 10,
India Law Library Docid # 2427747

(829) XXX Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 10-07-2025
Constitution of India, 1950 — Article 226 — Medical Termination of Pregnancy Act, 1971 — Medical Termination of Pregnancy Rules, 2003 — Termination of unwanted pregnancy (approx. 23 weeks) resulting from sexual assault — Petitioner, having recently attained legal adulthood, seeks medical assistance for termination — Board of doctors’ report indicates no substantial risk to mother’s health and foetal age of 23 weeks — Case falls within categories for termination up to 24 weeks,
India Law Library Docid # 2427748

(830) GANESH CHAUHAN AND OTHERS Vs. STATE OF BIHAR[PATNA HIGH COURT] 10-07-2025
Criminal Law - Murder (Section 302 IPC) and Attempted Murder (Section 307 IPC) - Common Intention (Section 34 IPC) - Arms Act, 1959 (Section 27) - Evidentiary Value of Witness Testimony - Appreciation of Evidence - Conviction upheld where there is consistent ocular evidence from eyewitnesses (including injured witnesses) corroborated by medical evidence, proving the guilt of the accused beyond a reasonable doubt.
India Law Library Docid # 2427749

(831) ROSILY ANTONY Vs. STATE OF KERALA[KERALA HIGH COURT] 10-07-2025
Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P) Act) — Section 3(1) — Preventive Detention — Non-Application of Mind by Detaining Authority — Subjective Satisfaction — Verbatim Reproduction of Sponsorship Report — The detaining authority’s subjective satisfaction must be based on proper, independent consideration of all relevant materials, not merely mechanical reproduction of police
India Law Library Docid # 2427750

(832) BHUBNESHWAR MAHTO Vs. KUMARI NAMIA[JHARKHAND HIGH COURT] 10-07-2025
Hindu Adoptions and Maintenance Act, 1956 — Section 7 — Requisites of valid adoption — Capacity of male Hindu to take in adoption — Consent of wife — Mandatory nature — A male Hindu with a living wife cannot adopt without her consent unless she has renounced the world, ceased to be a Hindu, or been declared of unsound mind by a court — The burden of proving these exceptional circumstances to
India Law Library Docid # 2427751

(833) KRISHNABA FATESANG RATHOD Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 10-07-2025
Criminal Procedure Code, 1973 — Section 482 — Anticipatory Bail — Abetment of Suicide (S. 306 IPC) — Cruelty (S. 498A IPC) — In a case where a young lady committed suicide due to alleged continuous torture and harassment by her in-laws and husband, the High Court emphasized that grant of anticipatory bail in serious cases requires careful consideration of the nature and gravity of the offence, and the
India Law Library Docid # 2427752

(834) KISHOREBHAI JARAMBHAI MALVIYA AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 10-07-2025
Gujarat Town Planning and Urban Development Act, 1976 — Sections 48-A, 67, 68, 70, 71 — Gujarat Town Planning and Urban Development Rules — Rule 33 — Town Planning Scheme — Removal of encroachment — Notice to vacate property — Challenge to preliminary town planning scheme and notices for removal of encroachment — Petitioners claiming ownership of residential houses on disputed land (allegedly ‘khadi’ or creek land) located in an area falling within the Surat
India Law Library Docid # 2427753

(835) SHIV SHANKAR Vs. STATE THROUGH PROSECUTION BRANCH[DELHI HIGH COURT] 10-07-2025
Criminal Procedure Code, 1973 — Section 372 — Appeal against acquittal —Penal Code, 1860 — Section 306 — Abetment of suicide — Essential ingredients — The most essential ingredient for an offense under Section 306 IPC is “abetment,” as defined in Section 107 IPC — Abetment requires instigation, encouragement, or intentional aiding of an act leading to suicide — Mens rea (guilty mind) is a necessary component of instigation — For “instigation,” a situation must be created, either through acts, om
India Law Library Docid # 2427754

(836) RAM NIWAS SAHU Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 10-07-2025
Service Law – Time-Bound Pay Scale – Entitlement – Shiksha Karmi (Teacher) – Eligibility Criteria – Minimum Qualifying Service – Appointment Date – Clarifications/Circulars – Retrospective Cancellation – Effect.

The petitioner, appointed as Shiksha Karmi Grade-II on May 29, 2009, sought a time-bound pay scale benefit. The relevant circulars for such benefits were analyzed, particularly a circular dated November 2, 2011, which granted time-bound pay scales after 12 years of service, and its sub
India Law Library Docid # 2427755

(837) RAJA KATRA PVT LTD. Vs. PRANAY CHAND MAHATAB AND OTHERS[CALCUTTA HIGH COURT] 10-07-2025
Civil Procedure Code, 1908 — Order 8 Rule 6A(1) Proviso; Order 8 Rule 6A(2); Order 8 Rule 6A(4) — Counter-claim — Maintainability — Pecuniary Jurisdiction — A counter-claim, despite being part of a written statement, is essentially treated as a cross-suit and a plaint for all purposes, and thus must adhere to the pecuniary jurisdiction of the court where it is filed — If the value of the counter-claim falls below the lowest pecuniary limit of the court’s jurisdiction on the date of its filing, i
India Law Library Docid # 2427756

(838) ASIM KUMAR SAMANTA Vs. INSTITUTE OF STEEL DEVELOPMENT AND GROWTH (INSDAG) AND OTHERS[CALCUTTA HIGH COURT] 10-07-2025
Civil Procedure Code, 1908 – Order 39, Rules 1 & 2 – Injunction – Disciplinary Proceedings – Stay of – Principles of granting injunction – A court must consider (i) a prima facie case, (ii) irreparable injury, and (iii) the balance of convenience – Where the fundamental legal validity of an HR Manual, underpinning disciplinary proceedings, is challenged due to alleged lack of proper Executive Council approval and non-registration under the West Bengal Societies Registration Act, 1961, and
India Law Library Docid # 2427757

(839) SRI PRADIPTA KR. SARKAR Vs. SHEFALI SARKAR AND OTHERS[CALCUTTA HIGH COURT] 10-07-2025
Succession Act, 1925 – Section 63 – Evidence Act, 1872 – Section 68 – Execution of Will – Proof – Scribe’s Signature/Date – Discrepancy – When the scribe’s date of signature on a Will appears subsequent to the date of execution, but is attributable to erroneous dating during later notarization where the scribe also acts as an identifier, and where the Will otherwise lacks dates against the testator’s and attesting witnesses’ signatures, such a discrepancy is a plausible explanation and does not
India Law Library Docid # 2427758

(840) OIL AND NATURAL GAS CORPORATION LIMITED Vs. JINDAL DRILLING AND INDUSTRIES LIMITED[BOMBAY HIGH COURT] 10-07-2025
Arbitration and Conciliation Act, 1996 — Section 16 — Competence of Arbitral Tribunal to rule on its jurisdiction — ‘Group of Companies’ Doctrine — Remand of proceedings — Supreme Court’s directives — When an Arbitral Tribunal errs by not deciding an application for discovery of documents before ruling on jurisdiction, and a higher court remands the matter for fresh consideration (including discovery and fresh evidence), the primary objective of such remand is fulfilled once the
India Law Library Docid # 2427759