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(181) EASTERN COALFIELDS LIMITED AND OTHER Vs. MANGALI @ MANGALA BOURI[CALCUTTA HIGH COURT] 01-07-2025
Compassionate Appointment — National Coal Wage Agreement (NCWA) — Interpretation — Clauses 9.3.0 to 9.5.0 — Compassionate appointment or monetary compensation under NCWA is not subject to disqualification due to financial solvency or delay — Provisions of NCWA, being a settlement under Section 2(p) of the Industrial Disputes Act, 1947, must be strictly construed.
India Law Library Docid # 2427348

(182) SMT. NIRMALA DEVI Vs. SOUTH EASTERN COAL FIELDS LIMITED AND OTHERS[CHHATTISGARH HIGH COURT] 01-07-2025
Coal Bearing Areas (Acquisition and Development) Act, 1957 — Section 9 — Land Acquisition — Employment in lieu of acquisition — Rejection of claim — Grounds for rejection — Mutation records and dependent status — Acquisition of land for SECL, compensation paid to petitioner — Petitioner’s claim for son’s employment rejected because her name was not mutated in land records at the time of initial notification and her son was not born then — Court finds rejection based on
India Law Library Docid # 2427349

(183) CHANDRAKANT NISHAD Vs. STATE OF CHHATTISGARH, THROUGH POLICE STATION URLA, DISTRICT RAIPUR (CHHATTIGARH)[CHHATTISGARH HIGH COURT] 01-07-2025
Criminal Law — Murder (IPC S. 302) — Destruction of Evidence (IPC S. 201) — Circumstantial Evidence — Conviction based on circumstantial evidence requires that the circumstances, taken cumulatively, form a complete chain without any gap, consistent only with the accused’s guilt and inconsistent with any other hypothesis. The prosecution must fully establish each circumstance.
India Law Library Docid # 2427350

(184) MANOJ KUMAR Vs. SANGEETA[DELHI HIGH COURT] 01-07-2025
Criminal Procedure Code, 1973 (Cr.P.C.) — Section 125 — Maintenance proceedings — Distinction between Interim Maintenance and Ad-Interim Maintenance — Interim maintenance is a temporary allowance granted after hearing both parties, considering pleadings and prima facie rights, pending final adjudication — Ad-interim maintenance is a provisional relief granted at an initial stage or ex-parte to prevent irreparable harm, prior to adjudicating even interim maintenance, to
India Law Library Docid # 2427351

(185) NOIDA DHATU PVT. LTD. Vs. UDAI CONTINENTALS AND ANOTHER[DELHI HIGH COURT] 01-07-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Proprietary concern — Liability — A proprietary concern has no separate legal identity from its proprietor — Only the proprietor can be held liable under Section 138 of the NI Act — Section 141 of the NI Act (which deals with vicarious liability for companies, firms, or other associations of individuals) does not apply to a proprietary concern as it is not a juristic person — The proprietor is solely responsible
India Law Library Docid # 2427352

(186) SAGAR AMBARAM FULTARIA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 01-07-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Anticipatory Bail — General Principles — Discretionary Power — The grant of anticipatory bail is a discretionary power to be exercised by the Court, balancing the rights of the accused with the need for effective investigation and societal interest in combating crime.
India Law Library Docid # 2427353

(187) SURINDER CHAUHAN Vs. JAI LAL BRAGRA[HIMACHAL PRADESH HIGH COURT] 01-07-2025
H.P. Urban Rent Control Act, 1987 — Section 24(5) — Revisional Jurisdiction of High Court — Scope and Extent — The High Court’s revisional power under Section 24(5) of the Rent Act, though widely worded, cannot be converted into an appellate jurisdiction. The revisional court cannot re-appreciate or re-assess evidence to arrive at a different factual finding. Its role is to ascertain if the lower court’s findings of fact are in accordance with law and do not suffer from any error of law, such as
India Law Library Docid # 2427354

(188) GOPAL SINGH (DECEASED) THROUGH HIS LRS KARAM SINGH AND OTHERS Vs. GIAN SINGH[HIMACHAL PRADESH HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Limitation — Cause of Action — A suit for declaration of title and partition by a co-owner, alleging invalidity of revenue entries regarding exclusive possession of another, cannot be rejected at the threshold under Order 7 Rule 11 CPC on grounds of being time-barred or lacking a cause of action, especially where the claim arises from subsisting title.
India Law Library Docid # 2427355

(189) MAAN CHAND Vs. STATE THROUGH PUBLIC PROSECUTOR PRINCIPAL SESSIONS JUDGE, UDHAMPUR.[JAMMU & KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 01-07-2025
Criminal Procedure — Conviction and Sentencing — Murder (Section 302 RPC) — Circumstantial Evidence — Appellate Review — High Court’s jurisdiction to adjudicate an appeal challenging a conviction and sentence for murder, and to consider a reference for confirmation of sentence under Section 374 of J&K Code of Criminal Procedure.
India Law Library Docid # 2427356

(190) SRIHARI MAHATO @ HARI MAHATO Vs. THE STATE JHARKHAND[JHARKHAND HIGH COURT] 01-07-2025
Criminal Law — Rape — Evidentiary Value of Prosecutrix’s Testimony — While the sole testimony of a victim can be sufficient for conviction if it inspires confidence, a court must assess its credibility, especially when inconsistencies or improbabilities exist. If the victim’s narrative is incoherent, improbable, or belies logic, it ought not to be believed without corroboration.
India Law Library Docid # 2427357

(191) SRI PRAKASH @ SHREE PRAKASH Vs. ARUN KUMAR ASHANA AND OTHERS[PATNA HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Order 1 Rule 10(2) — Impleadment of parties — Letters of Administration — Scope of proceedings — Rejection of impleadment application — Maintainability of fresh application by successor-in-interest— Where the father of the petitioner had already sought impleadment in a Letters of Administration (LA) case, and his application was rejected on the grounds that intervener was not a necessary party as the proceeding concerned only the validity of
India Law Library Docid # 2427358

(192) APOLLO GREEN ENERGY LIMITED Vs. MAN STRUCTURALS PRIVATE LIMITED[PUNJAB AND HARYANA HIGH COURT] 01-07-2025
Arbitration and Conciliation Act, 1996 — Section 34 (Application for setting aside arbitral award) & Section 36(3) (Enforcement of arbitral award) — Release of decretal amount during pendency of Section 34 petition — Principles for release — Requirement of reasoned order — Exercise of discretion — Supreme Court directions — When a Commercial Court is directed by the Supreme Court not to allow
India Law Library Docid # 2427359

(193) KULDEEP SINGH Vs. MOHIT KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-07-2025
Haryana Panchayati Raj Act, 1994 — Section 176(4)(b) — Recount of Votes — Election Petition — Powers of Election Tribunal — Secrecy of Ballot — An order for recount of votes cannot be made mechanically or as a matter of course — The secrecy of the ballot is sacrosanct and inviolable unless strong prima facie circumstances of irregularity or illegality in counting are established — Two basic requirements for ordering a recount are: (i) the election petition must contain an adequate statement of
India Law Library Docid # 2427360

(194) IN RE: IN THE MATTER OF SAVING THE MINOR CHILDREN, WOMEN AND CITIZENS FROM MALNUTRITION OR OBESITY- WHICH IS AFFECTING THEIR PHYSICAL AND MENTAL HEALTH.[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-07-2025
Constitution of India — Article 21 — Right to Life with Dignity — Right to Food and Health — Importance of Nutrition — The right to life under Article 21 includes the right to a life of dignity, which inherently encompasses access to decent, adequate, and balanced nutritious food for physical and mental well-being — Malnutrition and health issues arising from inadequate or unhealthy food constitute a violation of this fundamental right — The State has a constitutional obligation to preserve huma
India Law Library Docid # 2427361

(195) SRI GOLLA HARIDASYADAV Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 01-07-2025
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, is a 2002 — Section 13(8) — Right of Redemption — Auction Sale of Secured Asset — Prior to 2016 amendment, borrower’s right of redemption was available until completion of sale/transfer; after 2016 amendment, this right extinguishes on the date of publication of the notice for public auction under Rule 9(1) of 2002 Rules — Where an e-auction of a hypothecated vehicle was validly
India Law Library Docid # 2427420

(196) SMT. CHETNA PATLE Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 01-07-2025
Service Law — Seniority — Teachers — Absorption — M.P. State Education Service Teaching Cadre Service Conditions and Recruitment Rules, 2018 — Rule 17(3) read with Rule 2(l) — Seniority of teachers absorbed from one local body to another — The Rules of 2018 specify that seniority for teachers migrating between local bodies (from Janpad Panchayat to Municipal Council) is reckoned from the date of joining the new local body, not from the initial appointment in the previous local body — This rule s
India Law Library Docid # 2427422

(197) E.VENKATRAMAN Vs. B. DHEENAN AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Proof — Obligation of Plaintiff — Even in the absence of a specific defense plea, the plaintiff in a specific performance suit must prove their readiness and willingness to perform their part of the contract throughout the proceedings, as it is a statutory mandate under Section 16(c)
India Law Library Docid # 2427410

(198) R. PALANISAMY Vs. D.THANGAMUTHU AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Oral Partition — Burden of Proof — When a plaintiff alleges an oral partition of property, the burden of proving such a partition lies upon them.
India Law Library Docid # 2427411

(199) N. PALANISAMY GOUNDER (DIED) BY LRS Vs. N. JEYABAL AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Hindu Law — Joint Family Property — Self-Acquired Property — Evidence — Burden of Proof — Mere partition between co-owners does not automatically establish joint family or ancestral property status; there must be evidence of pre-existing joint family property or contribution from such, and recitals in partition deeds claiming self-acquired status should be considered. When no prior evidence of joint
India Law Library Docid # 2427412

(200) PAPANNA Vs. MUNIRAJ AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Ancestral Property — Oral Partition — Gift Deed — Adverse Possession — Limitation Act, 1963 — Section 27, Article 64 — Court Fees Act, 1955 — Section 37(2) — Maintainability of Suit for Partition — Proper description of Suit Property — Pecuniary Jurisdiction — Non-joinder of Necessary Parties — Estoppel.

B. Hindu Law — Ancestral Property — Proof — Burden of proof is on the party claiming property to be anc
India Law Library Docid # 2427413