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(861) GAURAV GAUR AND OTHERS Vs. STATE GOVT. OF NCT OF DELHI AND ANOTHER[DELHI HIGH COURT] 09-04-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 [Corresponding to Section 482 Criminal Procedure Code, 1973] — Quashing of FIR — Offences under Sections 498A/406/34 IPC — Settlement in Matrimonial Dispute — Exercise of inherent power to quash FIR, along with charge sheet and all consequential proceedings, based on a comprehensive settlement reached between the petitioners (husband and his family members) and the respondent No.2 (wife) — Settlement achieved through mediation, docume
India Law Library Docid # 2424993

(862) KIRAN Vs. PRAMOD KUMAR[DELHI HIGH COURT] 09-04-2025
Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 & Order 10 — Judgment on Admissions — Statement Recorded under Order X — A preliminary decree for possession under Order 12 Rule 6 CPC can be validly passed based on clear and unequivocal admissions made by the defendant in a statement recorded by the trial court under Order 10 CPC, even if such admissions contradict averments made in the written statement — The scope of “otherwise, whether orally or in writing” under Order 12 Rule 6 encompasse
India Law Library Docid # 2424994

(863) MGF DEVELOPMENTS LTD. Vs. COSMO PROPBUILD PVT. LTD. AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 09-04-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause — Liberal and Justice-Oriented Approach — The expression “sufficient cause” under Section 5 of the Limitation Act, 1963, requires a liberal, pragmatic, and justice-oriented interpretation rather than a rigid or purely technical one — The primary objective is to advance substantial justice — While the length of delay is a factor, the explanation offered is decisive — Courts should lean towards condoning delay, especially w
India Law Library Docid # 2425074

(864) PURSHOTAM KUMAR SHARMA AND ANOTHER Vs. HANUMAN (SINCE DECEASED) THROUGH HIS LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 09-04-2025
Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Proof of Will — Onus and Standard — The onus lies squarely on the propounder to prove the due execution and attestation of a Will in accordance with Section 63 of the Succession Act, by examining at least one attesting witness as mandated by Section 68 of the Evidence Act (if available) — Given the solemnity of a Will, which speaks from death, proof must satisfy the judicial conscience — The standard is not mathematical certai
India Law Library Docid # 2425075

(865) DHANI RAM Vs. NAFE SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 09-04-2025
Punjab Pre-emption Act, 1913 — Section 15 — Partial Pre-emption — Indivisible Sale Transaction — Co-sharer in one Khewat — The right of pre-emption is a right of substitution, requiring the pre-emptor to take over the entire bargain covered by the sale deed sought to be pre-empted — Where a sale deed conveys land falling in multiple khewats under a single, indivisible transaction, a plaintiff who is a co-sharer in only one of those khewats cannot maintain a suit for pre-empting only the portion
India Law Library Docid # 2425076

(866) SUNIL KUMAR @ SHINA Vs. HANUMAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 09-04-2025
Motor Vehicles Act, 1988 — Compensation — Assessment — Just Compensation — Functional Disability vs. Physical Disability — Amputation Injuries — The principle of ‘just compensation’ under the Motor Vehicles Act requires an award that is fair and equitable, neither meagre nor excessive (‘no less and no more’) — In cases of permanent disability due to amputation, particularly multiple amputations, the assessment of ‘functional disability’ concerning loss of earning capacity is paramount and must b
India Law Library Docid # 2425077

(867) KRISHAN Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 09-04-2025
Criminal Law — Circumstantial Evidence — Standard of Proof — ‘Panchsheel’ Principles — In cases resting entirely on circumstantial evidence, a conviction can be sustained only if the prosecution establishes a complete chain of circumstances that is consistent only with the hypothesis of the guilt of the accused and is wholly inconsistent with their innocence — These circumstances must be of a conclusive nature, excluding every possible hypothesis except the one pointing towards the accused’s gui
India Law Library Docid # 2425078

(868) RAVINDER SINGH Vs. KULWINDERJIT KAUR[PUNJAB AND HARYANA HIGH COURT] 09-04-2025
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Mental Cruelty — Irretrievable Breakdown and Long Separation — Where parties to a marriage have been living separately for an exceptionally prolonged period without any resumption of cohabitation or matrimonial ties, and the relationship is marked by bitterness, protracted litigation, and failed reconciliation attempts (including mediation), such circumstances collectively lead to an inference of profound mental cruelty inflicted by the pa
India Law Library Docid # 2425079

(869) HARYANA PUBLIC SERVICE COMMISSION AND OTHERS Vs. PARMILA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 09-04-2025
Service Law — Reservation — Migration — Meritorious Reserved Category (MRC) Candidates — Applicability at Preliminary/Screening Stage — The principle established by the Supreme Court in Saurav Yadav vs State of U.P. (2021) 4 SCC 542 and subsequent judgments (Sadhana Singh Dangi, Ramnaresh @ Rinku Kushwah) mandates that the ‘Open Category’ is not a separate quota but is available to all candidates based purely on merit, irrespective of their social category (reserved or unreserved)
India Law Library Docid # 2425080

(870) 3S AND OUR HEALTH SOCIETY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 09-04-2025
Food Safety and Standards Act, 2006 — Section 16 — Food Safety and Standards (Labelling and Display) Regulations, 2020 — Front-of-Package Nutrition Labelling (FOPNL) / Indian Nutrition Rating (INR) System — Public Interest Litigation — Judicial Directions — In a Public Interest Litigation seeking directions for implementation of Front-of-Package Warning Labels, where the Food Safety and Standards Authority of India (FSSAI) apprised the Court of the ongoing process involving draft regulations for
India Law Library Docid # 2425141

(871) JANARDAN RAY Vs. THE STATE OF BIHAR AND ANOTHER[SUPREME COURT OF INDIA] 09-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of Sentence Pending Appeal — Conviction under Section 302 IPC — Principles for Exercise of Power — The power of an appellate court under Section 389 CrPC to suspend the execution of sentence pending appeal, especially in cases involving conviction for serious offences like murder under Section 302 IPC, must be exercised sparingly, with caution, and only in rare and exceptional circumstances after recording reasons in writing.
India Law Library Docid # 2425140

(872) PUNJAB & SIND BANK Vs. M/S. CHAINRUP SAMPATRAM[CALCUTTA HIGH COURT] 09-04-2025
Banking Law — Banker-Customer Relationship — Duty of Care — Negligence & Fraud — A bank owes a duty of care to its customers Gross dereliction of this duty occurs when a bank permits the opening of a current account and the premature discharge/discounting of Fixed Deposits (FDs) in the name of a known partnership firm based on documents purportedly signed by a “proprietor,” without verifying credentials, obtaining proper written instructions, or comparing signatures/seals with available
India Law Library Docid # 2425200

(873) RAJESH KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION[UTTARAKHAND HIGH COURT] 09-04-2025
Prevention of Corruption Act, 1988 — Sections 7, 20 — Evidence Act, 1872 — Bail — Establishing Prima Facie Case for Demand and Acceptance — Bail rejected in a trap case under Section 7 of the PC Act where the Court found a strong prima facie case established based on: (i) pre-trap verification recording, corroborated by independent witnesses identifying the accused’s voice, evidencing demand for illegal gratification; (ii) undisputed acceptance of phenolphthalein-laced currency recovered from th
India Law Library Docid # 2425229

(874) COMMANDANT 40TH BATTALION P.A.C. Vs. SITA RAM AND ANOTHER[UTTARAKHAND HIGH COURT] 09-04-2025
Civil Procedure Code, 1908 — Order 8 Rules 3, 4, 5 — Pleadings — Admissions — Estoppel — A defendant, particularly a State instrumentality, having unequivocally admitted in a written statement in a prior suit concerning the same property that it had “no concern of any kind in respect to the property in question,” and having admitted in the present proceedings (appeal grounds/affidavit) that the property was duly allotted by the government to the plaintiffs’ predecessors-in-interest, is bound by
India Law Library Docid # 2425232

(875) SMT. REKHA Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 09-04-2025
Constitution of India — Articles 21, 21A, 39(e), 39(f) — Rights of Children Residing in Jail with Incarcerated Parent — Bail Jurisdiction — The fundamental rights of a child, including the right to life, dignity, holistic development, and education (Articles 21, 21A), are not extinguished when the child resides in jail due to the incarceration of a parent — Courts exercising bail jurisdiction must consider the collateral impact of denial of bail to the parent on the child’s rights and ensure th
India Law Library Docid # 2425335

(876) RAJEEV YADAV @ RINKU Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 09-04-2025
Evidence Act, 1872 — Section 32(1) — Dying Declaration — Weight and Admissibility — A statement regarding a past threat allegedly made by the deceased to a witness (his brother), without details of timing and not made under expectation or in close proximity of death, lacks significant weight as a dying declaration under Section 32(1) for the purpose of deciding a bail application — Its admissibility and ultimate weight are matters for trial.
India Law Library Docid # 2425336

(877) ARUN KUMAR MISHRA Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 09-04-2025
Penal Code, 1860 — Section 376 — Rape — False Promise to Marry — A distinction exists between a mere breach of promise to marry and a false promise made with mala fide intent from the inception solely to obtain consent for sexual intercourse — Only the latter falls within the ambit of rape — Subsequent refusal or inability to marry, especially when the relationship was consensual over time, does not automatically convert consensual sex into rape.
India Law Library Docid # 2425337

(878) BANDU RAM Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 09-04-2025
Evidence Act, 1872 — Section 8 — Conduct of Accused — Accused promptly going to the police station after the incident, handing over the blood-stained weapon (Gandasa) allegedly used in the crime along with other items (pistol, cartridges), and making a written application confessing guilt, constitutes relevant post-offence conduct admissible under Section 8.
India Law Library Docid # 2425338

(879) MANJEET SINGH @ INDER @ MANJEET SINGH CHANA Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 09-04-2025
Constitution of India — Articles 21, 22(1) — Cr.P.C., Section 50 (BNSS, S. 47) — Right to be Informed of Grounds of Arrest — Communicating the grounds of arrest to the arrested person is a mandatory constitutional (Article 22(1)) and statutory (S.50 CrPC/S.47 BNSS) requirement — This information must be sufficient to allow the accused to understand the basis of the arrest and prepare a defence — Providing only a printed arrest memo without detailing the grounds violates this right.
India Law Library Docid # 2425339

(880) UTTAR PRADESH STATE RD. TRANSPORT CORP. FAIZABAD AND OTHERS Vs. SMT. MEENA SRIVASTAVA AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 09-04-2025
Motor Vehicles Act, 1988 — Claim Petition — Standard of Proof — In motor accident claims, the standard of proof required is preponderance of probability, not proof beyond reasonable doubt — Strict proof of an accident caused by a specific vehicle in a specific manner may not be possible, and the Tribunal should adopt a holistic view.
India Law Library Docid # 2425340