(361) DEVESH METCAST PVT LTD THROUGH DIRECTORS AND OTHERS Vs. GIRISH NAGJIBHAI SAVALIYA[GUJARAT HIGH COURT] 01-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Grounds (a) and (d) — Absence of cause of action — Suit barred by law of limitation — Application under Order VII Rule 11 – Court to examine plaint and annexed documents to determine if suit is frivolous, vexatious, or barred by law — Rejection warranted when plaint discloses no cause of action India Law Library Docid # 2426047
(362) MAJOOR MAHAJAN MANDAL NAVSARI AND ANOTHER Vs. SITABEN MANGUBHAI AND OTHERS[GUJARAT HIGH COURT] 01-05-2025 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(c) — Eviction — Ground of nuisance or annoyance — Essential ingredients: tenant’s conduct causing nuisance or annoyance to adjoining or neighbouring occupier — Allegation of tenant encroaching on adjoining property (474/A/1) and using it as an additional room amounting to nuisance — Landlord India Law Library Docid # 2426048
(363) BANAMALI SARKAR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(C) — Possession of commercial quantity of ganja — Conviction and sentence of 12 years RI and Rs. 1,00,000/- fine challenged in appeal — Grounds of challenge include failure to prove chain of custody, non-examination of Malkhana in-charge and messenger, discrepancy in sample markings and seals, absence of homogeneous mixing, inconsistent independent witness testimony regarding seizure location, non-production of entire seized contr India Law Library Docid # 2426162
(364) OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS Vs. ANKUSH SAIKIA AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025 Rights of Persons with Disabilities Act, 2016 — Section 2(s) and 2(r) — Person with disability — Person with benchmark disability — Temporary disability certificate — Appointment — Eligibility for post reserved for persons with benchmark disability requires a “person with disability” as defined under Section 2(s) which implies a long-term impairment — Temporary disability certificate with a limited validity period (e.g., 3 years 5 months) does not satisfy the definition of “person with disabilit India Law Library Docid # 2426163
(365) AYESHA KHATUN AND ANOTHER Vs. ABU BAKKAR SIDDIQUE[GAUHATI HIGH COURT] 01-05-2025 Civil Procedure Code, 1908 — Order 43 Rule 1(r) — Challenge to injunction order — Principles for interference — An injunction order, being discretionary and equitable, should not be interfered with unless discretion suffers from perversity, unreasonableness, irrationality, or is contrary to settled principles for granting injunction. India Law Library Docid # 2426164
(366) SHENBAGAVALLI AND OTHERS Vs. THE INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — To constitute an offence under Section 306 IPC, the essential ingredients of abetment as defined under Section 107 IPC must be established — There must be proof of a direct or indirect positive act of incitement to the commission of suicide by the accused, reflecting a mens rea to instigate or aid the deceased to end their life. India Law Library Docid # 2425257
(367) KRISHNA KUMAR KEDIA Vs. UNION OF INDIA THROUGH DIRECTOR, CBI[SUPREME COURT OF INDIA] 30-04-2025 Evidence Act, 1872 — Section 133 — Approver Evidence — Corroboration — Conviction based significantly on approver’s testimony admitting forgery at appellant’s behest is sustainable when corroborated by: (i) testimony of the official denying the forged signature, (ii) testimonies of appellant’s employees confirming lifting of goods and diversion on appellant’s instructions, and (iii) testimonies of departmental India Law Library Docid # 2425258
(368) KESHAV S/O LAXMAN RUPNAR AND ANOTHER Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 30-04-2025 Criminal Law — Rape — Evidence — Testimony of Prosecutrix — Reliability — While conviction for rape can be based solely on the testimony of the prosecutrix if it inspires confidence (State of Punjab v. Gurmit Singh), the court must carefully evaluate the testimony in the context of the entire case — Where the narrative contains significant inconsistencies, lacks corroboration on material aspects, and appears unbelievable, raising grave suspicion, implicit reliance cannot be placed solely on the India Law Library Docid # 2425259
(369) RINA RANI MALLICK Vs. SUSIM KANTI MOHANTY AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Motor Vehicles Act, 1988 — Compensation — Injury to Minor — Non-Pecuniary Heads — In motor accident claims involving injury to minors resulting in permanent disability, compensation is determined primarily under non-pecuniary heads (pain, suffering, loss of amenities, inconvenience, discomfort) in addition to actual expenses incurred for treatment, attendant care etc., as establishing loss of future earnings is difficult — The quantum for non-pecuniary loss can be guided by the structured amount India Law Library Docid # 2425260
(370) SMT. M. SABITHA AND OTHERS Vs. BRAHMA SWAMULU AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Motor Vehicles Act, 1988 — Negligence — Contributory Negligence — Head-on Collision — Overtaking Vehicle and Speeding Vehicle — In a head-on collision between a car overtaking another vehicle and a lorry approaching from the opposite direction at high speed (evidenced by dragging the car post-impact), both drivers are contributorily negligent — The car driver failed to exercise sufficient care while overtaking, and India Law Library Docid # 2425261
(371) MEERA BAI AND OTHERS Vs. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. AND ANOTHER[SUPREME COURT OF INDIA] 30-04-2025 Motor Vehicles Act, 1988 — Negligence — Proof — Absence of Eyewitness — The High Court erred in dismissing a motor accident claim petition solely on the ground that no eyewitness was examined to prove rash and negligent driving, especially when other evidence indicated negligence — Eyewitness testimony is not indispensable India Law Library Docid # 2425262
(372) PRAGYA PRASUN AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 30-04-2025 Constitution of India — Article 21 — Right to Life — Digital Accessibility — In the contemporary digital era, the Right to Life under Article 21 encompasses the right to digital access — Bridging the digital divide and ensuring universal accessibility to digital infrastructure, government portals, and essential services (including financial and telecommunication services) for all, including persons with disabilities and marginalized populations, is a constitutional imperative for the State to en India Law Library Docid # 2425263
(373) KANIZ AHMED Vs. SABUDDIN AND OTHERS[SUPREME COURT OF INDIA] 30-04-2025 Unauthorized Construction — Public Interest Litigation — Eviction and Demolition — High Court Directions Affirmed — Supreme Court affirms the High Court’s directions issued in a Public Interest Litigation, mandating authorities to ensure vacation of premises built unauthorizedly, eviction of occupants using adequate police force if necessary by a specified timeline, and subsequent demolition of the unauthorized structure by the Municipal Corporation, with the entire process being videographed a India Law Library Docid # 2425287
(374) GAYATRI BALASAMY Vs. M/S. ISG NOVASOFT TECHNOLOGIES LIMITED[SUPREME COURT OF INDIA] 30-04-2025 Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Power of Court — Modification of Arbitral Award — Courts exercising power under Section 34 (setting aside) or Section 37 (appeal) of the Act do not have the power to modify or vary the terms of an arbitral award — The legislative scheme confines the court's power primarily to setting aside the award on enumerated grounds, reflecting the principle of minimal India Law Library Docid # 2425294
(375) SMT. KUSUM Vs. ANAND KUMAR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 30-04-2025 Insurance Act, 1938 — Section 39 (as amended by Act 5 of 2015) — Nominee Rights vs. Succession Law — The interpretation of amended Section 39(7), which uses the term “beneficially entitled” for specified nominees (parents, spouse, children), is contested regarding whether it grants absolute ownership rights to the nominee, thereby overriding personal succession laws. India Law Library Docid # 2425302
(376) ABHA JAIN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025 Principles of Natural Justice — Supply of Inspection Report with Show Cause Notice — Mining Lease — In proceedings initiated by the Mining Department alleging illegal mining or other violations by a leaseholder, if a show cause notice is based on an ex-parte inspection report, failure to supply a copy of such inspection report along with the show cause notice to the petitioner vitiates the proceedings — This denial prevents the petitioner from filing an effective reply and defending their case, India Law Library Docid # 2425482
(377) KALYAN Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025 Criminal Law — Circumstantial Evidence — Five Golden Principles (Panchsheel) — For a conviction based solely on circumstantial evidence, the prosecution must satisfy five golden principles: (1) the circumstances from which the conclusion of guilt is to be drawn must be fully established; (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused and not explainable on any other hypothesis; (3) the circumstances should be of a conclusive nature and tend India Law Library Docid # 2425483
(378) NEHA BARUA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-04-2025 Service Law — Reservation — Handicapped Category — Adjustment against Unreserved Category — 100% Reservation Impermissible — Where an advertisement shows a vacancy in the unreserved (UR) category, and simultaneously a seat is also reserved for a handicapped category without specifying a particular seat, the UR seat cannot be carried forward due to non-availability of a handicapped candidate if a meritorious UR candidate is available — Carrying forward the UR seat in such a scenario, effectively India Law Library Docid # 2425539
(379) KAPURA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-04-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483(3) (Equivalent to Cr.P.C. Section 439(2)) — Cancellation of Bail — Grounds — Bail once granted should not be cancelled in a mechanical manner — Very cogent and overwhelming circumstances are necessary for cancellation — Generally, grounds include interference with the due course of justice, evasion, abuse of the concession of bail, misuse of liberty, or flouting bail conditions — Cancellation is not typically ordered for perceived ind India Law Library Docid # 2425572
(380) GAJRAJ AND OTHERS Vs. DHARAMBIR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 — Order 41 Rule 27(1)(aa) & (b) — Additional evidence at appellate stage — Criteria for allowing — Production of old revenue records (Jamabandis dating back almost 150 years) as additional evidence by plaintiff/respondent in appeal allowed by appellate court — Revision against, dismissed — High Court found that such documents, being very old revenue records, would likely have been difficult for plaintiff to procure earlier despite due diligence (satisfying Order 41 Rul India Law Library Docid # 2425610