(841) JHARKHAND URJA UTPADAN NIGAM LTD. AND ANOTHER Vs. M/S BHARAT HEAVY ELECTRICALS LIMITED[SUPREME COURT OF INDIA] 15-04-2025 Civil Procedure Code, 1908 — Or. XX R. 1 (as amended by Commercial Courts Act, 2015) & Limitation Act, 1963 — S. 5 & Commercial Courts Act, 2015 — S. 13(1-A) — Commencement of Limitation for Appeal — Duty to Issue Copy vs. Litigant Diligence — The provision in Or. XX R. 1 CPC, requiring a Commercial Court/Division/Appellate Division to pronounce judgment within 90 days of conclusion of arguments and issue copies thereof to parties (through electronic mail or otherwise), is directory and not mand India Law Library Docid # 2425137
(842) SMT. NUSRAT PARVEEN AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 15-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Summoning Order — Scope of Interference — The inherent power under Section 482 Cr.P.C. to quash criminal proceedings, including a summoning order, should be exercised sparingly and with circumspection, only to prevent abuse of the process of the Court or to secure the ends of justice — Mere existence of prior litigation between parties (allegation of counterblast) or geographical distance between the accused’s residence and place of incid India Law Library Docid # 2425227
(843) SANJEEV MEHROTRA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 15-04-2025 Criminal Procedure Code, 1973 — Sections 243(2), 482 — Right to Summon Defence Witnesses — Section 243(2) Cr.P.C. casts an obligatory duty upon the trial court to issue process for compelling the attendance of defence witnesses sought by the accused after entering upon defence, unless the court considers the application to be for the purpose of vexation, delay, or defeating the ends of justice, which specific ground must be recorded in writing — Rejection of such an application without finding/r India Law Library Docid # 2425234
(844) M/S K.C. INTERNATIONAL SITUATE AND OTHERS Vs. INDIAN BANK KANPUR MAIN BRANCH[ALLAHABAD HIGH COURT] 15-04-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(3A) Compliance — Consideration of the borrower’s representation/objection and communication of a reasoned order thereon is a mandatory pre-condition before the secured creditor proceeds with measures under Section 13(4) India Law Library Docid # 2425327
(845) ANUJ TYAGI Vs. DISTRICT ELECTION OFFICER (MUNICIPAL BOARD GENERAL ELECTION -2023), COLLECTORATE DISTRICT GHAZIABAD AND OTHERS[ALLAHABAD HIGH COURT] 15-04-2025 UP Municipal Corporations Act, 1959 — Joinder of Parties (S.63(3)) — Joining all contesting candidates as respondents is mandatory when the election petitioner seeks relief under Section 64 (claiming the seat) India Law Library Docid # 2425328
(846) SURESH KUMAR AGARWAL Vs. M/S. HALDIA STEELS LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 15-04-2025 Code of Criminal Procedure, 1973 — Section 173(8) — Further Investigation — Abuse of Process — Belated and Frivolous Complaints — Directing further investigation under Section 173(8) CrPC into a complaint that is filed after gross, undue, and unexplained delay, and where the admitted allegations do not disclose the necessary ingredients of any cognizable offence, amounts to an abuse of the process of law — This is especially India Law Library Docid # 2425406
(847) HABIB AHMED AND OTHERS Vs. MOHAMMED MUSTAQ AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-04-2025 Specific Relief Act, 1963 — Section 6 — Suit for Recovery of Possession — Limitation — A suit filed under Section 6 of the Specific Relief Act, seeking recovery of possession based on alleged wrongful dispossession, must be instituted within six months from the date of such dispossession — This is a mandatory requirement. India Law Library Docid # 2425468
(848) GOVIND DWIVEDI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-04-2025 Constitution of India — Article 311(2), Proviso (b) — Dismissal/Removal without Enquiry — Requirement of Recorded Satisfaction on Impracticability — The scope and mandatory nature of Article 311(2), proviso (b) — The necessity for the disciplinary authority to record reasons in writing expressing its satisfaction that it is “not reasonably practicable to hold such inquiry” before dispensing with the regular India Law Library Docid # 2425518
(849) LITTLE WORLD HIGHER SECONDARY SCHOOL Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 15-04-2025 Payment of Gratuity Act, 1972 — Section 2(e) (as amended by Act 47 of 2009) — Applicability to Teachers — The acknowledged legal position, following the amendment by Act 47 of 2009 and the decision in Birla Institute of Technology Vs. State of Jharkhand, (2019) 4 SCC 513, that teachers are covered within the definition of ‘employee’ under Section 2(e) and are entitled to gratuity under the Act. India Law Library Docid # 2425519
(850) SMT. RAJUBAI DECED THROUGH LRS SHARDA RATHOUR AND OTHERS Vs. DAYAL DECD. THROUGH LRS ANTAR SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Erroneous Application of Succession Law by Lower Appellate Court — The determination of a substantial question of law concerning the quantum of share inherited by plaintiffs, where the lower appellate court applied succession principles contrary to the specific tenancy law prevailing at the time the succession opened India Law Library Docid # 2425520
(851) SHAILESH SINGH BHADOURIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 15-04-2025 Service Law — Termination — Appointment Obtained by Fraud/Forgery — Necessity of Departmental Enquiry (Article 311) — The requirement of conducting a departmental enquiry under Article 311 of the Constitution or relevant service rules before terminating an employee, contrasted with situations where the initial appointment itself is alleged to be void ab initio due to fraud and fabrication of documents — Distinction between misconduct committed during the course of employment and fraud India Law Library Docid # 2425521
(852) RAM PRASAD NAYAK Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 15-04-2025 Fundamental Rules — Rule 54-B — Entitlement to back-wages — Government servant — Suspension and reinstatement — Rule 54-B(1) applies when a suspended government servant is reinstated or would have been reinstated but for superannuation while under suspension — Competent authority required to consider pay and allowances for the suspension period and whether it is treated as duty. India Law Library Docid # 2425676
(853) THE DY. COMMISSIONER OF INCOME TAX, 1(1) RAIPUR Vs. RAIPUR DEVELOPMENT AUTHORITY[CHHATTISGARH HIGH COURT] 15-04-2025 Income Tax Act, 1961 — Section 2(15) — Charitable purpose — Advancement of any other object of general public utility — Proviso to Section 2(15) applicable from 1-4-2009 and subsequent amendments — Statutory authorities — Urban Development Authority — Assessee, a statutory authority constituted under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973, for planning, development, and land use — Duty to implement development plans, prepare town development schemes, and acquire/develop land fo India Law Library Docid # 2425677
(854) STATE OF J&K Vs. ISHTIYAQ ALI[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-04-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Reappreciation of evidence — Standard of review in appeal against acquittal is not to interfere unless the judgment is perverse, manifestly erroneous or occasions a miscarriage of justice — Trial court’s meticulous appreciation of evidence and detailed reasons for acquittal, including absence of credible evidence regarding abetment of suicide, upheld India Law Library Docid # 2425800
(855) ABDUL SATTAR Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-04-2025 Public Safety Act, 1978 (J&K) — Section 8 — Preventive Detention — Stale Incidents — Live Link — A detention order based on incidents that are too remote in time from the date of the order lacks a live and proximate link between the past conduct and the imperative need for detention — FIR registered over two years prior to the detention order, where the detenue was already enlarged on bail, cannot form the basis for preventive India Law Library Docid # 2425801
(856) VIPULBHAI MANSINHBHAI CHAUDHARY AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 15-04-2025 Criminal Procedure Code, 1973 — Sections 397, 482, 227 and 216 — Prevention of Corruption Act, 2018 — Section 13 — Penal Code, 1860 — Sections 408, 409, 120(B), 114, 201 — Revision against framing of charge — Scope of interference by High Court — Order framing charge India Law Library Docid # 2426037
(857) MANOJKUMAR RAMANBHAI PATEL AND ANOTHER Vs. NONE[GUJARAT HIGH COURT] 15-04-2025 Family Courts Act, 1984 — Section 19 — Appeal against judgment and decree of Family Court — Jurisdiction — Suit for declaration of marital status under Sections 7(A) and 7(B) of the Act read with Hindu Marriage Act, 1955 Sections 3 and 29 — Dismissal of suit challenged — Appellants sought declaration of legal and valid marriage since 26.10.2001 — Family Court’s findings India Law Library Docid # 2426055
(858) MOHAMMADALI MOHAMMADHUSEN GANDHI Vs. HURBANU AND OTHERS[GUJARAT HIGH COURT] 15-04-2025 Civil Procedure Code, 1908 — Order 43 Rule (1)(r) — Appeal against discretionary order — Scope of High Court’s interference — Limited power to interfere only in exceptional circumstances; where discretion is exercised arbitrarily, capriciously, perversely, or against settled legal principles — Appellate Court cannot substitute its own discretion or re-assess evidence if two views are possible — Focus should be on perversity rather than mere error — Perversity shown in understanding of law, appre India Law Library Docid # 2426056
(859) STATE BANK OF INDIA Vs. SRI BIRESH CHANDRA GANGOPADHYAY[TELANGANA HIGH COURT] 11-04-2025 Criminal Procedure Code, 1973 — Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528] — Quashing of Cognizance Order and Proceedings — Scope of Inquiry — Abuse of Process — Political Rivalry — In exercising inherent powers under Section 482 CrPC (S. 528 BNSS), particularly when factors like potential political rivalry or ulterior motives are alleged, the Court is not limited to accepting the charge sheet averments at face value. It can scrutinize the accompanying materials, witnes India Law Library Docid # 2424835
(860) M/S. HEINEN AND HOPMAN ENGINEERING (I) PVT. LTD. Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 11-04-2025 Payment of Wages Act, 1936 — Section 2(vi) — Definition of ‘Wages’ — Pension — Non-Contributory Scheme — Pension payable to an employee under a non-contributory scheme (funded solely by the employer) established under the terms of employment (express or implied) falls within the primary definition of ‘wages’ under Section 2(vi) of the Payment of Wages Act, 1936 — It constitutes remuneration payable in respect of employment or work done, becoming due upon fulfilment of conditions like termination India Law Library Docid # 2425165