(981) XXX Vs. YYY[SUPREME COURT OF INDIA] 20-03-2025 Civil Procedure Code, 1908 — S. 25 — Transfer Petition — Matrimonial Dispute — Constitution of India — Art. 142 — Dissolution of Marriage — Irretrievable Breakdown — Petition filed by husband seeking transfer of divorce case (filed by wife in Jaipur u/s 12(1)(a) & 13(1)(ia) HMA) to Delhi, as both parties (lawyers by profession) reside in Delhi — During pendency, wife filed I.A. invoking Art. 142 seeking divorce on ground of irretrievable breakdown, citing separation since March 2022 and failure India Law Library Docid # 2424606
(982) M/S PROGRESSIVE CONSTRUCTIONS LIMITED Vs. RITHWIK PROJECTS PRIVATE LIMITED[TELANGANA HIGH COURT] 20-03-2025 Civil Procedure Code, 1908 — Section 96 — Arbitration and Conciliation Act, 1996 — Section 37 — Appeal from Orders — Leave to Appeal by Non-Party — Principles governing grant of ‘Leave to Appeal’ to a person not party to the original suit or proceeding — While Section 96 CPC does not restrict appeals only to parties, a non-party/stranger may prefer an appeal only with the leave of the Court — The threshold requirement for grant of leave is that the proposed appellant must demonstrate that they a India Law Library Docid # 2424758
(983) RADHA KISHAN RAO Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 20-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 (CrPC S. 482) — Quashing of FIR — Grounds — Lack of Ingredients, Delay, Second FIR, Ulterior Motive — High Court may quash FIR under inherent powers if: (i) allegations lack essential ingredients of offences; (ii) there is unexplained abnormal delay; (iii) it constitutes an impermissible second FIR on same facts; or (iv) proceedings appear vexatious or motivated by ulterior reasons. India Law Library Docid # 2424742
(984) THANNEERU HARISH RAO Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 20-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 (CrPC S. 482) — Quashing of FIR — Scope — Lack of Ingredients & Ulterior Motive — High Court exercising inherent powers can quash FIR if allegations, even taken at face value, do not constitute the offences alleged, or if the proceedings are manifestly attended with mala fides or instituted with an ulterior motive — In such cases, the court must look beyond FIR averments and consider surrounding circumstances. India Law Library Docid # 2424744
(985) THE STATE OF A.P Vs. S LAKSHMINARYANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 20-03-2025 Penal Code, 1860 — Section 120-B — Criminal Conspiracy — Proof Requirements — To establish a charge of criminal conspiracy under Section 120-B IPC, the prosecution must adduce independent evidence proving an agreement or meeting of minds between the alleged conspirators — Evidence merely showing post-event conduct, such as recovery of stolen goods from one accused (A1) or sale thereof (via PW.6), without establishing a prior agreement or A1’s direct involvement in the dacoity plan with other acc India Law Library Docid # 2424818
(986) FEDERATION OF MINOR MINERALS INDUSTRY (FEMM) AND OTHERS Vs. THE STATE OF AP AND OTHERS[ANDHRA PRADESH HIGH COURT] 20-03-2025 Mines and Minerals (Development and Regulation) Act, 1957 — Sections 14 & 15 — Rule Making Power of State for Minor Minerals — Scope — Section 14 explicitly excludes the applicability of Sections 4 to 13 (inclusive) of the Act to minor minerals — Consequently, the power to make rules for regulating the grant of quarry leases, mining leases, or other mineral concessions in respect of minor minerals vests exclusively with the State Government under Section 15(1) — This power is co-extensive with t India Law Library Docid # 2424871
(987) THAKUR RANGJI MAHARAJ VIRAJMAN MANDIR, VRINDAVAN Vs. UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS[SUPREME COURT OF INDIA] 20-03-2025 Ancient Monuments and Archaeological Sites and Remains Act, 1958 — Sections 20A, 27 & 28 — Land within Prohibited Area — Use for Green Belt/Environmental Improvement — Owner’s Right to Compensation — Where land admittedly owned by a private entity (appellant Temple Trust) falls within the ‘prohibited area’ (100 meters) of a protected monument (Taj Mahal) as defined under Section 20A(1) of the 1958 Act, and such land is utilized by the Archaeological Survey of India (ASI) or the Government for cr India Law Library Docid # 2425142
(988) SRI MUSAFIR RAI AND OTHERS Vs. THE STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 20-03-2025 Penal Code, 1860 — Section 324 — Voluntarily Causing Hurt by Dangerous Weapons or Means — Proof — Injured Witness Testimony — Corroboration — Conviction under Section 324 IPC is sustainable when the testimony of the injured witness (PW13) detailing the assault with a specific weapon (iron rod/crowbar) by the accused is found consistent, cogent, and trustworthy — Such testimony gains significant corroboration from ocular accounts of other witnesses present at the scene who witnessed the assault, India Law Library Docid # 2425215
(989) SARASHI ROY SINCE DECEASED SRI NAGENDRANATH SINGH Vs. GOURHARI GHOSH AND OTHERS[CALCUTTA HIGH COURT] 20-03-2025 Evidence Act, 1872 — S. 114(g) — Civil Procedure Code, 1908 — Order 41 R. 31 — Execution of Document by Illiterate/Rustic/Pardanashin Woman — Burden of Proof — Test of Understanding — In transactions involving deeds executed by illiterate, rustic, or pardanashin women (a category extended by judge-made law to encompass those vulnerable due to age, infirmity, ignorance, illiteracy, etc.), the burden of proof lies heavily upon the person seeking to sustain the transaction — It must be established India Law Library Docid # 2425216
(990) PRAMOD KUMAR AGARWAL Vs. UTTARAKHAND STATE AND OTHERS[UTTARAKHAND HIGH COURT] 20-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Complaint/Revision — Civil vs. Criminal Dispute — Abuse of Process — Criminal proceedings arising from the removal of petrol pump installations (dispensing units, fuel, etc.) by the principal company (HPCL) from the premises of its dealer (applicant) are liable to be quashed under Section 482 Cr.P.C. as an abuse of process, where the actions are prima facie found to be an exercise of contractual rights under a dealership agreement (which India Law Library Docid # 2425241
(991) PRAMOD KUMAR AGARWAL Vs. UTTARAKHAND STATE AND OTHERS[UTTARAKHAND HIGH COURT] 20-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — Abuse of Process — Civil Dispute — Where the dispute predominantly arises from a contractual relationship (dealership agreement between applicant and HPCL) and concerns the removal of property owned by HPCL according to the agreement’s terms, initiating criminal India Law Library Docid # 2425244
(992) SUNITA AND OTHERS Vs. VINOD SINGH AND OTHERS[SUPREME COURT OF INDIA] 19-03-2025 Motor Vehicles Act, 1988 — Evidence Act, 1872 — Section 47 — Determination of Deceased's Age for Compensation — Deceased's age can be determined based on scientific assessment (Post-Mortem Report) over contradictory documentary evidence — The Court relied on the Post-Mortem Report to fix the deceased's age at 45 years, overriding the discrepancy in documentary evidence India Law Library Docid # 2423597
(993) SUPREME COURT BAR ASSOCIATION AND ANOTHER Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 19-03-2025 Advocates Act, 1961 — Section 30 — Supreme Court Rules, 2013 — Order 4 Rule 1(b) — Advocates' Right to Appear and Get Appearances Marked — Advocates do not have an indefeasible right to appear or get appearances marked without being duly authorized. India Law Library Docid # 2423598
(994) RAJU NAIDU Vs. CHENMOUGA SUNDRA AND OTHERS[SUPREME COURT OF INDIA] 19-03-2025 Transfer of Property Act, 1882 — Section 53A — When an appellate court modifies the decree of a trial court, the trial court's decree merges into the appellate decree — The appellate decree becomes the operative decree for execution purposes — An executing court can extend the time for compliance with the appellate decree if the appellate court did not specify a time limit — Section 53A of the Transfer of Property Act, 1882, may not be applicable India Law Library Docid # 2423606
(995) NAGANNA (DEAD) BY LRS./ SMT. DEVAMMA AND OTHERS Vs. SIDDARAMEGOWDA (SINCE DECEASED) BY LRS. AND OTHERS[SUPREME COURT OF INDIA] 19-03-2025 Civil Procedure Code, 1908 — Revenue records do not constitute proof of title to immovable property — A plaintiff seeking recovery of possession must establish their own valid title to the suit property — The burden of proof lies on the plaintiff to demonstrate ownership and lawful possession — Failure to produce title deeds or establish a clear claim of ownership can lead to the dismissal of a suit for cancellation of a sale deed and recovery of possession. India Law Library Docid # 2423607
(996) MOHAMMAD JUNAID RAINA Vs. UNION TERRITORY OF J&K THROUGH POLICE[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 19-03-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — Bail — A High Court can consider granting bail on humanitarian grounds, such as serious illness of a close family member requiring the convict’s presence, even when there are statutory restrictions on bail, particularly when the appeal is pending and likely to take time — The High Court allowed interim applications for suspension of sentence and grant of bail to a convict under the NDPS Act, primarily on humanitarian grounds due India Law Library Docid # 2423787
(997) ANUJ Vs. THE STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 19-03-2025 Penal Code, 1860 (IPC) — Sections 147, 148, 149, 323 and 307 — Arms Act, 1959 — Sections 3 and 25 — Prolonged delay in the trial and the period of incarceration can be grounds for granting bail, even if criminal antecedents exist, especially when previous cases have been closed or quashed — The Supreme Court granted bail to an appellant accused setting aside the Allahabad High Court's order — The Court considered the slow progress of the trial with only one witness examined out of 39 — While not India Law Library Docid # 2423834
(998) SHIV NAND Vs. LEELA DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 19-03-2025 Civil Procedure Code, 1908 — Order 26 Rule 9 — H.P. Land Revenue Act, 1954 — A plaintiff alleging encroachment should typically seek demarcation of the land through the Revenue Act before filing a suit for possession and cannot use an application for a Local Commissioner to collect evidence that could have been obtained earlier — Petition challenging the dismissal of an application for appointment of a Local Commissioner in an encroachment suit was dismissed, as the petitioner had not sought dem India Law Library Docid # 2423803
(999) ASHOK KUMAR GUPTA AND ANOTHER Vs. GIAN KAUR[PUNJAB AND HARYANA HIGH COURT] 19-03-2025 East Punjab Urban Rent Restriction Act, 1949 — Sections 13-B, 18-A(2) & Schedule II — Leave to Contest — Limitation — Condonation of Delay — Application for leave to contest eviction petition filed by NRI landlord under S.13-B must be filed within 15 days of service as per S.18-A(2) read with Schedule II — Rent Controller, being a creature of statute, has no inherent power and no specific power is conferred by the Act to condone delay under Section 5 of Limitation Act, 1963 — Application filed b India Law Library Docid # 2423951
(1000) GURDEV SINGH Vs. JAGDEEP SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 19-03-2025 Specific Relief Act, 1963 — Section 19(b) — Subsequent Purchaser — Bonafide Purchase Without Notice — Burden of Proof — Held, in a suit for specific performance, the burden lies heavily upon the subsequent purchaser to plead and prove that he is a bona fide purchaser for valuable consideration, having paid money in good faith without notice of the prior agreement to sell — Mere assertion of purchase from a different village is insufficient; failure to discharge this burden renders the subsequent India Law Library Docid # 2423952