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(981) RATAN SINGH Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 08-04-2025
Rajasthan Prisoners Open Air Camp Rules, 1972 — Rules 3(d), 4(a) — Eligibility for Open Air Camp — Interpretation of ‘Ordinarily’ — The use of the word ‘ordinarily’ in Rule 3, which lists categories of prisoners generally ineligible for open air camp (including convictions under Sec 392-402 IPC), implies that the restriction is not absolute — Eligibility can still be considered based on other factors.
India Law Library Docid # 2425377

(982) MANAGING COMMITTEE, D.A.V. UCHH MADHYAMIK VIDAYALAYA, KESARGANJ, AJMER RAJ. Vs. SAURABH UPADHAYAYA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 08-04-2025
Rajasthan Non-Government Educational Institutions Act, 1989 — Sections 2(i), 18, 19 — Rajasthan Non-Government Educational Institutions Rules, 1993 — Rule 39 — Termination of contractual/fixed-term/temporary employees — Applicability of Section 18 — Maintainability of Appeal under Section 19 — The provisions of Section 18 of the Act of 1989, which mandate a reasonable opportunity of being heard and prior approval of the Director of Education for removal, dismissal, or reduction in rank, and
India Law Library Docid # 2425430

(983) DR.FAREED AHMED AND OTHERS Vs. LOCAL COMPLAINTS COMMITTEE WOMEN AND CHILD DEVELOPMENT DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-04-2025
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — Sections 2(n), 4, 6, 9, 13, 18 — Constitution of Internal Complaints Committee (ICC) — Jurisdiction of Local Complaints Committee (LCC) — The legality and validity of proceedings undertaken by a Local Complaints Committee (LCC) when an Internal Complaints Committee (ICC) was already constituted by the employer (Bank) — The interpretation of Section 9 regarding when
India Law Library Docid # 2425510

(984) BHUPENDRA SHARMA AND OTHERS Vs. RAMANAND (DIED) THROUGH LRS (A) SMT. GOMTI SHARMA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-04-2025
Civil Procedure Code, 1908 — Order 20 Rule 12(1)(c)(iii) — Mesne Profits — Restriction of Three Years from Date of Decree — Rationale and Applicability — The rationale behind restricting the recovery of future mesne profits to a period of three years from the date of the decree (to discourage decree-holders from delaying execution) — The applicability of this three-year restriction even when the decree
India Law Library Docid # 2425511

(985) RAGHURAJ GURJAR ALIAS RAJU Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-04-2025
Bharatiya Nagarik Suraksha Sanhita (BNSS) — Section 528 [Corresponding to Section 482 Cr.P.C., 1973] — Quashing of FIR — Scope of Interference — Disputed Questions of Fact — The limited scope of jurisdiction under Section 528 of BNSS for quashing an FIR, particularly when the grounds for quashing involve disputed questions of fact such as consent, which the High Court cannot embark upon an inquiry into at the initial stage.
India Law Library Docid # 2425512

(986) KAYYAM KHAN Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-04-2025
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 14-A(2), 18, 18-A — Anticipatory Bail — Bar under Section 18 and 18-A — Exception when No Prima Facie Case is Made Out — The scope of an appeal under Section 14-A(2) of the SC/ST Act for grant of anticipatory bail. The applicability of the bar under Sections 18 and 18-A of the Act against granting anticipatory bail (under Section 438 Cr.P.C.) in offences under the Act. The exception to this bar, as laid down in
India Law Library Docid # 2425513

(987) RAMLAL AND OTHERS Vs. DIPALI AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-04-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope of Interference — Concurrent Findings of Fact — Absence of Substantial Question of Law or Perversity — The limited jurisdiction of the High Court in a second appeal under Section 100 CPC, particularly when there are concurrent findings of fact by the trial court and the first appellate court — The necessity for a substantial question of law or a demonstration of perversity in the findings of the courts below for interference
India Law Library Docid # 2425514

(988) VIKRAM ALIAS BUDDHU LAL Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 08-04-2025
M.P. Rajya Suraksha Adhiniyam, 1990 — Sections 5(a), 5(b), 6, 8 — Externment Order — Grounds for Judicial Review under Article 226 — The limited scope of judicial review by the High Court under Article 226 of the Constitution against an externment order passed under the M.P. Rajya Suraksha Adhiniyam, 1990 — Interference is warranted primarily if the District Magistrate failed to follow the procedure under Section 8(1), or if there was no material for passing the order, or if there was no formati
India Law Library Docid # 2425515

(989) HAYAT TAVIL SHAHI Vs. SMT. SUMMAIYA KHATOON[CHHATTISGARH HIGH COURT] 08-04-2025
Family Courts Act, 1984 — Section 19(4) — Criminal Procedure Code, 1973 — Sections 397 and 401 — Revision — Maintainability against maintenance order. (Para 1)
India Law Library Docid # 2425680

(990) M/S KAPIL KUMAR KHATTAR THROUGH ITS PARTNER SUNIL KHATTAR Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 08-04-2025
Review Petition — Scope of — Prerequisites for exercise of review jurisdiction — Absence of error apparent on the face of record, discovery of new fact, or other sufficient reason to recall well-considered judgment — When review petition can be contested on grounds previously decided and covered by earlier judgments
India Law Library Docid # 2425795

(991) TAJINDER SINGH ALIAS HAPPY Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 08-04-2025
Jammu and Kashmir Public Safety Act, 1978 — Section 8(1)(a) — Preventive Detention — Challenge to Detention Order — Grounds for Challenge — Absence of Proper Application of Mind — Grounds of Detention Verbatim of Police Dossier — Lack of Subjective Satisfaction Regarding Prejudice to Public Order — Failure to Read Over and Provide Relevant Documents — Absence of Material to Justify Detention — Petitioner’s mother filing the challenge
India Law Library Docid # 2425796

(992) SANDEEP KUMAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 08-04-2025
Protection of Children from Sexual Offences Act, 2012 — Section 8 — Determination of age — Admissibility of Evidence — Conviction under Section 8 requires proof of victim being a child — As per the Juvenile Justice (Care and Protection of Children) Act, 2015, preferred evidence for age determination is matriculation or equivalent certificate, or school first
India Law Library Docid # 2425941

(993) SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 08-04-2025
Industrial Disputes Act, 1947 — Section 25-F — Termination of services — Compliance with — Workman completing more than 240 days in preceding 12 months — Undisputed fact that petitioner worked from 06.09.2008 to 01.12.2010 and was not served notice under Section 25-F upon termination on 01.12.2010 — Non-compliance with mandatory provision of Section 25-F renders termination illegal
India Law Library Docid # 2425942

(994) VINOJ KUMAR SHARMA AND ANOTHER Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-04-2025
Criminal Procedure Code, 1973 — Section 397 — Criminal Revision — Scope of interference — Revisional Court is not an appellate court and cannot re-appreciate evidence like an appellate court — Scope of interference is narrow, confined to rectifying patent defects, errors of jurisdiction, or errors of law — Revisional jurisdiction applicable where decisions are grossly erroneous, non-compliant with law, based on no evidence, ignore material evidence, or involve
India Law Library Docid # 2425943

(995) M/S HEMKUNT IRON & STEEL PVT. LTD. Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-04-2025
Himachal Pradesh Tenancy and Land Reforms Act, 1972 — Section 118(1), 118(2)(h), Second Proviso — Transfer of land by non-agriculturist — Prohibition — Sale of land by non-agriculturist, originally purchased with permission under Section 118(2)(h) for industrial purposes, is prohibited without prior State Government permission — Second proviso to Section 118(2)(h) mandates use of land for permitted purpose within two years (extendable) and prohibits transfer without permission — Violation of thi
India Law Library Docid # 2425944

(996) STATE OF H.P. Vs. SURESH KUMAR AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-04-2025
Criminal Procedure Code, 1973 — Section 378 — Criminal Appeal — Against judgment of acquittal — Scope of interference — Presumption of innocence — In appeal against acquittal, the appellate court should be slow in interfering with the judgment, especially when the view taken by the First Appellate Court is a plausible view based on the evidence — After acquittal, presumption of innocence at the commencement of trial doubles — High Court in appeal against acquittal will not ordinarily interfere u
India Law Library Docid # 2425945

(997) AMITY CO-OPERATIVE HOUSING SOCIETY LTD. THROUGH ITS SECRETARY AND CHAIRMAN AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 08-04-2025
Gujarat Ownership of Flats Act, 1973 — Section 41A — Redevelopment of dilapidated buildings — Essential conditions for attracting Section 41A are building age over twenty-five years from development permission, concerned authority declaration of ruinous condition, and consent of not less than 75% of members — Society decided to redevelop due to dilapidated condition evidenced by municipal notice and photographs, meeting age criteria —
India Law Library Docid # 2426033

(998) ARVINDKUMAR GANESHMAL DUGAR AND ANOTHER Vs. KAMALADEVI AND OTHERS[GUJARAT HIGH COURT] 08-04-2025
Civil Procedure Code, 1908 — Section 151 — Order 1, Rule 10 — Order 12, Rules 4 & 5 — Abatement — Substitution of Legal Representatives — Suit challenging Gift Deed filed by deceased — Application by legal heirs to be brought on record whether mandatory or discretionary for Plaintiffs — Trial Court rejecting application of Legal Heirs citing Order 1 Rule 10 instead
India Law Library Docid # 2426034

(999) M/s. CELESTIUM FINANCIAL Vs. A. GNANASEKARAN ETC.[SUPREME COURT OF INDIA] 08-04-2025
Criminal Procedure Code, 1973— Sections 372 Proviso and 2(wa) — Negotiable Instruments Act, 1881 — Section 138 — Cheque Dishonour — Appeal against Acquittal — Right of Victim — Definition of “Victim” under Section 2(wa) is broad, inclusive, and encompasses a person suffering any loss or injury (including financial) due to the accused’s act or omission — In a Section 138 NI Act case, the complainant (payee or holder in due course) is a “victim” due to economic loss from dishonoured cheque — Provi
India Law Library Docid # 2426440

(1000) PHANI RAGHAVALU MEDURI Vs. LAKSHMI MEDURI[TELANGANA HIGH COURT] 08-04-2025
Civil Procedure Code, 1908 — Order 1 Rule 10(2) — Impleadment of parties — Necessary and Proper Parties — Divorce proceedings — Ground of adultery — Petitioner-husband seeking divorce on grounds of cruelty and adultery with a named individual — Application to implead alleged adulterer as respondent — Respondent-wife denying allegations — Evidence of alleged adulterer’s wife suggests continuous affair and previous divorce based on adultery with respondent — Finding of adultery significantly impac
India Law Library Docid # 2426524