(841) VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 03-12-2025 Criminal Procedure — Bail (Regular) — Principles for grant of bail in economic offences — Economic offences constitute a class apart, involving deep-rooted conspiracies and huge loss of public/investor funds, and must be viewed seriously as grave offences affecting the nation’s economy — The nature of accusation, severity of punishment, character of the accused, apprehension of tampering with evidence/fleeing justice, and larger public interest are paramount considerations when India Law Library Docid # 2437992
(842) MAHESWAR BEHERA Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 03-12-2025 Constitution of India, 1950 — Article 226 — Writ of Mandamus — Recovery of money — Maintainability — Generally, writ petition for recovery of money is not maintainable as it involves determination of disputed questions of fact requiring civil suit, unless it involves enforcement of statutory rights, public law functions, or where India Law Library Docid # 2438214
(843) SMT. NIDAGANTI LAXMI RAJYAM Vs. MADAN MOHAN PATNAIK[ORISSA HIGH COURT] 03-12-2025 Protection of Women from Domestic Violence Act, 2005 — Section 2(f) — 'Domestic Relationship' — Defined as relationship between persons who live or have lived together in a shared household, related by consanguinity, marriage, or relationship in the nature of marriage, adoption or family members living together as a India Law Library Docid # 2438215
(844) COMMISSIONER/APPELATE AUTHORITY CASTE /INCOME VERIFICATION DEPARTMENT OF BACKWARD CLASSES WELFARE AND OTHERS Vs. RAGHAVENDRA FAKEERAPPA CHANDRANANAVAR[KARNATAKA HIGH COURT] 03-12-2025 Backward Classes — Creamy Layer — Determination of income — Exclusion of salary and agricultural income — Applicability of Central Government Office Memorandums versus State Government Orders. India Law Library Docid # 2438234
(845) MRS. IVY MILLER CHAHAL Vs. UNION OF INDIA AND OTHERS[KARNATAKA HIGH COURT] 03-12-2025 Constitution of India, 1950 — Articles 14, 21, 226 and 227 — Central Government Health Scheme (CGHS) — Medical Reimbursement — Welfare Measure — Right to Health — Article 21 of the Constitution mandates the State to protect life and health, and this obligation extends to ensuring that financial burdens of life-saving treatment do not render the right illusory. Denial of reimbursement for emergency treatment under CGHS India Law Library Docid # 2438238
(846) JEMCY PONNAPPA C.P. AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-12-2025 Karnataka Industrial Areas Development Act, 1966, Section 30 — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 109 — Karnataka Industrial Areas Development (Amendment) Act, 2022 — Karnataka Industrial Areas Development Rules, 1969, Rule 29-A (10) — Award of compensation exceeding Rs. 5 crores — Requirement of State Government approval — Held, such approval is mandatory for the Deputy Commissioner to declare an award India Law Library Docid # 2438240
(847) RAMESH KUMAR AND ANOTHER Vs. SMT. RAJ KUMARI[UTTARAKHAND HIGH COURT] 02-12-2025 Civil Procedure — Jurisdiction — Remand by Superior Court — Specific Direction to Specified Authority — Where a High Court specifically directs the District Judge to decide a revision afresh, the jurisdiction is person-specific and cannot be delegated or taken up by a subordinate authority (such as an Additional District Judge) unless specifically permitted by the remanding court — Decision India Law Library Docid # 2436523
(848) IMRAN HUMAYUN CHANDIWALA Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Section 55(5) — Cancellation of Certificate of Registration — Grounds for cancellation — Registration obtained on basis of false documents or misrepresentation of facts — Nissan car fraudulently imported and initially registered in name of third party using forged Bill of Entry to evade customs duty — Subsequent registration of car in name of Petitioner (purchaser) — Original India Law Library Docid # 2436986
(849) M/S. BELLA VISTA DRYCLEANERS Vs. VISHWANATH KANOJIA, AKHIL BHARTIYA GENERAL KAMGAR UNION AND ANOTHER[BOMBAY HIGH COURT] 02-12-2025 Industrial Disputes Act, 1947 — Section 36(3) and 36(4) — Representation by legal practitioner before Labour Court — Scope and interpretation — Section 36(3) imposes a complete bar on representation by a legal practitioner in conciliation proceedings or proceedings before a Labour Court/Tribunal, but Section 36(4) provides an exception allowing representation before a Labour Court/Tribunal with (i) India Law Library Docid # 2436988
(850) MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. SANKET DATTATRAYA MISTRI[BOMBAY HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Motor Accident Claim — Negligence — Burden of Proof — Preponderance of Probabilities — The burden of establishing that an accident took place due to the negligence of the offending vehicle's driver (ST bus in this case) is discharged by the claimant on the basis of preponderance of probabilities, supported by evidence like the spot panchnama and FIR statements of co-passengers. India Law Library Docid # 2436989
(851) THE NATIONAL INSURANCE COMPANY LIMITED Vs. SMTI RIMA KOUSHIK SARMAH AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Compensation — Fatal Accident — Rash and Negligent Driving — Evidence and Proof — Where the eyewitness testimony and Police Charge Sheet confirm that the accident was caused by the rash and negligent driving of the offending vehicle driver (using a mobile phone while riding) and not against the deceased, the finding of negligence against the offending driver is upheld — Contributory negligence cannot be established on the facts presented. India Law Library Docid # 2437251
(852) ARUP RAY AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Service Law — Recruitment — Constable (General Duty) in CAPFs/Assam Rifles (Advertisement 2024)— Physical Standard Test (PST) — Height requirement for candidates from Assam (165 cm) — Rejection based on fractional shortfall (164.5 cm to 164.8 cm) — Challenge to application of rounding-off rule. India Law Library Docid # 2437252
(853) M/S CADILA PRARMACEUTICALS LTD. Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Contract Law — Tender and Procurement — Firm Debarment/Blacklisting — Authority to Issue Order: Where a Letter of Intent specified that any question or dispute regarding the construction of clauses, rights, duties, or liabilities arising out of the agreement, including debarment/blacklisting, shall be subject to the final and binding decision of the Managing Director (Respondent No. 3), the General Manager (Respondent No. 4) lacked the competence and authority to issue the Firm Debarment India Law Library Docid # 2437253
(854) THE EXECUTIVE DIRECTOR AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Industrial Disputes Act, 1947 — Reference to Industrial Tribunal — Scope of Adjudication — Unfair Labour Practice — Question referred regarding non-regularization of 6 workmen out of 9 similarly situated workmen as an unfair labour practice and violation of Article 16 of the Constitution — Industrial Tribunal failed to adequately address the unfair labour practice allegation. India Law Library Docid # 2437254
(855) BAIJNATH GANJHU Vs. UNION OF INDIA THROUGH NATIONAL INVESTIGATING AGENCY, NEW DELHI[JHARKHAND HIGH COURT] 02-12-2025 Unlawful Activities (Prevention) Act, 1967 (UAPA) — Bail under UAPA — Section 43D(5) — Delay in Trial — Violation of Constitutional Right to Speedy Trial — Appellant accused of providing logistic support as an Over Ground Worker (OGW) of CPI (Maoist) in connection with a terrorist attack leading to the death of four police personnel — Rigour of Section 43-D(5) can be harmonized with constitutional courts' ability to grant bail on grounds of violation of Part III of the India Law Library Docid # 2436534
(856) RAKESH KUMAR MAHAJAN AND ANOTHER Vs. SHAKTI MAHAJAN @ SHAKTI GUPTA[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 East Punjab Urban Rent Restriction Act, 1949 — Section 13 — Provisional Rent Assessment — Eviction petition filed by Landlady (Respondent) citing arrears of rent and personal necessity — Rent Controller provisionally assessed arrears of rent by including 10% increase clause from a Rent Note (dated 12.08.1999) — Appellate Authority upheld assessment — Challenge (by tenant/petitioner) against provisional India Law Library Docid # 2436925
(857) RAKESH KUMAR Vs. SURINDER KUMAR[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 Specific Performance — Agreement to Sell — Concurrent Findings of Fact — Suit for specific performance of agreement dated 30.01.1990 for sale of a residential-cum-dairy plot decreed by Trial Court and upheld by First Appellate Court — Both lower courts recorded concurrent findings of fact based on appreciation of evidence, including testimony of attesting witness (PW-3) who proved execution of agreement, India Law Library Docid # 2436926
(858) M/S PEE ESS GALAXY AND ANOTHER Vs. HARINDER SINGH[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 Negotiable Instruments Act, 1881 — Section 138 (Dishonour of cheque) — Compounding of Offence — The offence under Section 138 of the NI Act is fundamentally a civil wrong and is specifically made compoundable — Where parties have settled the matter and the complainant has received the agreed amount, the High Court allows compounding of the offence, even at the revision stage, following India Law Library Docid # 2436927
(859) PARAMJIT SINGH @ BABA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 Criminal Law — Rash and Negligent Driving Causing Death (Section 304-A IPC) — Conviction and Sentence — Modification of Sentence — Petitioner convicted under Section 304-A IPC (after acquittal under Section 279 IPC in appeal) and sentenced to one year Rigorous Imprisonment — Appeal confined to sentencing part and not challenging conviction — Sentencing principles require balancing nature of India Law Library Docid # 2436928
(860) PRAVIN AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 02-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of FIR/Chargesheet — Principles — The High Court can exercise its inherent powers to quash proceedings when the allegations in the FIR, even if taken at face value, do not prima facie constitute an offence or where the proceedings amount to an abuse of the process of the court or to secure the ends of justice — Power should not be used to stifle a legitimate prosecution. India Law Library Docid # 2437109