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(661) ULLASH CH. SAMANTRAY Vs. STATE OF ODISHA AND ANOTHER[ORISSA HIGH COURT] 08-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Abuse of process of law — High Court can quash proceedings if they are initiated to prevent abuse of court process or to secure ends of justice — It must be examined whether essential ingredients of a criminal offence are present or not — A dispute that is essentially civil should not be given a criminal cloak — If a civil
India Law Library Docid # 2438174

(662) M/S S.A. BUILDERS LTD. Vs. MUNICIPAL CORPORATION OF DELHI[DELHI HIGH COURT] 06-12-2025
Arbitration and Conciliation Act, 1996 — Section 36 — Execution of Arbitral Award — Appropriation of Payments — General Rule of Appropriation — Principle for adjusting payments made by Judgment Debtor (JD) towards a decretal amount — Unless the decree provides specific directions, the payments should be
India Law Library Docid # 2437267

(663) SONIA VIRK Vs. ROHIT VATS[SUPREME COURT OF INDIA] 05-12-2025
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than thirteen years (since 2012) without any meaningful effort at reconciliation — Relationship deeply embittered and acrimonious — High Court confirmed dissolution of marriage considering the welfare of the parties and their child — Supreme Court
India Law Library Docid # 2436310

(664) SMT. BOLLA MALATHI Vs. B. SUGUNA AND OTHERS[SUPREME COURT OF INDIA] 05-12-2025
General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber
India Law Library Docid # 2436311

(665) ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD. Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 05-12-2025
Administrative Law — Judicial Review of Executive Action — Good Governance — Simplicity in Public Transactions — Principles of illegality and irrelevant considerations — An executive action or memorandum that mandates unnecessary, excessive, or superfluous requirements, even if aimed at preventing misuse (e.g., by fake societies), is illegal and must be set aside if the requirement lacks value addition
India Law Library Docid # 2436312

(666) THE STATE OF JHARKHAND Vs. THE INDIAN BUILDERS JAMSHEDPUR[SUPREME COURT OF INDIA] 05-12-2025
Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Arbitral Award — Excepted or Prohibited Claims — Contractual clauses barring certain claims (e.g., for idle labour, idle machinery, business loss) — Judicial review of awards involving prohibited claims — Applicability of such clauses primarily depends on the agreement between the parties, guided by the principle of party autonomy — Arbitral
India Law Library Docid # 2436313

(667) RANI @ RAJ KUMARI AND OTHERS Vs. KAMLAKAT GUPTA AND OTHERS[SUPREME COURT OF INDIA] 05-12-2025
Motor Vehicles Act, 1988 — Section 166 — Fatal accident claim — Deceased aged 33 years, survived by seven dependents (wife, four minor children, and parents) — Calculation of income — Consideration of income from both documented employment (stone crusher unit) and agricultural activity — Although documentary evidence for income beyond salary was lacking, it is reasonable to presume some income from agricultural activity given the farming background — Claimants' assertion of Rs. 6,000/- monthly s
India Law Library Docid # 2436484

(668) R. LOGESHKUMAR Vs. P. BALASUBRAMANIAM AND ANOTHER[SUPREME COURT OF INDIA] 05-12-2025
Motor Vehicles Act, 1988 — Compensation — Enhancement — Principles — Supreme Court’s power to award 'just compensation' exceeding the amount claimed — While enhancing compensation for a 21-year-old Appellant suffering 100% functional disability (due to hemiparesis, disfigurement, and brain injuries) — Supreme Court relied on 'Nagappa v. Gurudayal Singh' to award compensation in excess of the amount claimed by using evidence on record to arrive at just and fair
India Law Library Docid # 2436485

(669) MANOJ Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 05-12-2025
Criminal Law — Appeal against Conviction — Sexual Offences — Penal Code, 1860 (IPC) — Section 376(2) — Protection of Children from Sexual Offences (POCSO) Act, 2012 — Section 6 — Appreciation of Evidence — Requirement of proof beyond reasonable doubt — Reappraisal of evidence necessary when key prosecution witnesses (victim and mother) turn hostile, retracting earlier allegations
India Law Library Docid # 2436527

(670) BILLAL HUSSAIN Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 05-12-2025
Criminal Law — Murder (Section 302 IPC) — Circumstantial Evidence — Sufficiency of Proof — Appeal against conviction for killing wife by strangulation — The key issue is whether the prosecution established the appellant's guilt beyond reasonable doubt based solely on circumstantial evidence — Evidence failed to establish the appellant's presence at the crime scene at the time of death, despite the deceased being found dead in his house — Suspicion, however strong (such as the
India Law Library Docid # 2437244

(671) MAHENDER SINGH Vs. RAKESH SINGH[PUNJAB AND HARYANA HIGH COURT] 05-12-2025
Specific Relief Act, 1963 — Suit for Specific Performance — Maintainability when Agreement to Sell is unilaterally cancelled — Necessity of seeking declaration that cancellation is bad — Where the vendor unilaterally cancels the Agreement to Sell, the vendee seeking specific performance must generally seek a declaration that the cancellation is bad and not binding, as a cancelled agreement is non-existent in law — However, where the sole ground for cancellation stated by the vendor (failure
India Law Library Docid # 2436937

(672) GURMEJ SINGH AND OTHERS Vs. UNION OF INDIA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 05-12-2025
Unlawful Activities (Prevention) Act, 1967 (UAP Act) — Section 43D(5) — Bail — Applicability of Embargo — The proviso to Section 43D(5) imposes a strict condition against granting bail if the Court, upon perusal of the case diary or the report under Section 173 Cr.P.C., finds "reasonable grounds for believing that the accusation against such person is prima facie true" — The conventional bail jurisprudence (bail is the rule, jail is the exception) does not apply to UAP Act cases;
India Law Library Docid # 2436938

(673) GAJANAN AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 05-12-2025
Penal Code, 1860 (IPC) — Section 302 — Murder — Conviction of Accused No. 1 — Homicidal Death — Appreciation of evidence — Evidence of eyewitnesses (daughter and injured sons of deceased) regarding Accused No. 1 going home, returning with a knife, stabbing the injured, and fatally stabbing the deceased on the neck — Corroboration by medical evidence (Post Mortem Report, nature of injuries, and possibility of injuries by recovered weapon) and circumstantial evidence (recovery of
India Law Library Docid # 2437111

(674) KHILJI MOHSINAHMED MUSTAKALI Vs. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER[BOMBAY HIGH COURT] 05-12-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Section 45 — Bail — Scheduled Offence (Predicate Offences) — Cheating and Forgery under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS) — Allegations involved deceiving individuals to obtain identity documents under pretext of job opportunity, using documents to open bank accounts for shell entities (APMC accounts), accumulating funds from alleged illegal gaming/betting activities, and subsequently withdrawing amounts using false valuable securiti
India Law Library Docid # 2437167

(675) CHRISTIAN RAJENDRAN AND OTHERS Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 05-12-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 19, 21, 29 — Penal Code, 1860 (IPC) — Sections 376(2)(d)(i)(n), 377, 323, 506(II), 354A — Appeal against Conviction — Evidence of Victim — Reliability and Corroboration — Conviction of Accused No. 1 (Christian Rajendran) upheld for sexual assault and penetrative sexual assault on minor girls in an orphanage (Shanti Ashram) — Evidence of victims (PW5 and PW6) regarding sexual assault and
India Law Library Docid # 2437168

(676) SMT. MAMTA GURJAR Vs. POOJA KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 05-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Code of Criminal Procedure (Cr.P.C.) — Section 197 (Protection to Public Servants) — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 218 (equivalent to Section 197 Cr.P.C.) — Complaint against Police Officials — Custodial Violence and Assault — Maintainability without Sanction — Petitioners (Police Officials) sought quashing of
India Law Library Docid # 2436289

(677) SMT. MAYA DHAKAD Vs. SHRI BHARAT DHAKAD[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-12-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — Challenging Appellate Order on Temporary Injunction — Power under Article 227 is exercised to correct manifest injustice, jurisdictional error, or perversity, not merely because a different view is possible — High Court affirmed the Appellate Court's decision granting temporary injunction as it found the order legal, proper, and
India Law Library Docid # 2436290

(678) SANDEEP SINGH THAKUR Vs. STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 05-12-2025
Constitution of India, 1950 — Article 142 — Power of Supreme Court to do complete justice — Invocation of extraordinary powers — Case involving conviction for sexual offense (Sections 376(2)(n) and 417 IPC) based on 'false promise of marriage' — Parties (appellant and prosecutrix) subsequently agreed to marry and got married during the pendency of appeal against rejection of suspension of sentence — Supreme Court, upon noting the marriage and cohabitation, invoked Article 142 to
India Law Library Docid # 2437397

(679) SHEIKH IRSHAD @MONU Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 05-12-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 20 and 29 — Maharashtra Control of Organized Crime Act, 1999 (MCOCA) — Sections 3(1)(i)(ii), 3(2), 3(4) — Bail Cancellation — Interference — Bail cancellation merely due to non-compliance with a condition requiring appearance at the police station (twice a month) is not justified, especially when the seized quantity is intermediate (non-commercial - 2 kgs 728 grams Ganja), the accused has completed
India Law Library Docid # 2437406

(680) T. DHANYA Vs. THE STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 05-12-2025
Education/Admission — Payment of Fees — Time extension for deposit — In the peculiar facts and circumstances of the case, petitioner(s)/appellant(s) granted entitlement to complete deposit of requisite fees by a specific extended date (10.12.2025) — Upon deposit, seats allocated in appropriate college(s).
India Law Library Docid # 2437423

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