(741) ARFAZ MEHBOOB TAK Vs. UNION OF INDIA, THROUGH SUB-INSPECTOR NARCOTICS CONTROL BUREAU, JAMMU ZONAL UNIT, JAMMU AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of Bail — Successive Bail Application — Commercial Quantity — Financing Illicit Traffic (Section 27A) — Rigors of Section 37 — The existence of 'reasonable grounds' to believe the accused is guilty, which bars bail under Section 37, must be inferred from facts and circumstances, specifically the nature of evidence, India Law Library Docid # 2436258
(742) DEVENDRA JOSHI UNSOUND MIND THROUGH MOTHER SMT. JAYSHREE Vs. CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-12-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claim — Proof of involvement of insured vehicle — Standard of Proof — Claims Tribunal dismissed claim petitions, finding the involvement of the insured vehicle (a tractor-tanker) in the accident (which involved a stationary vehicle without signage) was not proved, citing delay in FIR (lodged on 11.08.2010 for accident on 14.05.2010) and unreliability of India Law Library Docid # 2436287
(743) SACHIN SISODIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-12-2025 Public Interest Litigation (PIL) — Maintainability and Abuse of Process — A PIL seeking registration of an FIR against a Police Officer (Respondent No. 5) was dismissed as not genuine, constituting an abuse of process — The Court noted that a prior PIL seeking similar relief for the same incident, filed on behalf of the victim (Respondent No. 6), was withdrawn after the victim himself had approached the Court India Law Library Docid # 2436288
(744) BAL KUMAR PATEL @ RAJ KUMAR Vs. STATE OF U.P[SUPREME COURT OF INDIA] 03-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against India Law Library Docid # 2436212
(745) MISSION ACCESSIBILITY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 03-12-2025 Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or India Law Library Docid # 2436213
(746) KANGRA CENTRAL COOPERATIVE BANK LIMITED Vs. THE KANGRA CENTRAL COOPERATIVE BANK PENSIONERS WELFARE ASSOCIATION (REGD.) AND OTHERS[SUPREME COURT OF INDIA] 03-12-2025 Constitution of India, 1950 — Article 136 — Special Leave Petition (SLP) — Maintainability of second SLP after dismissal of first SLP and failed review — Where an initial SLP challenging the High Court's judgment on merits is dismissed, and a subsequent Miscellaneous Application (MA) for recall of the dismissal is withdrawn with liberty to file a Review Petition before the High Court, but without liberty to India Law Library Docid # 2437401
(747) THE STATE OF ASSAM AND OTHERS Vs. MUKUT RANJAN SARMA AND OTHERS[SUPREME COURT OF INDIA] 03-12-2025 Service Law — Appointment — Exceptional Appointment Policy — Relaxation of Rules — Appointments made under a State Cabinet approved policy to rehabilitate victims of terrorism/those helping curb terrorism — Challenge to termination of services based on procedural irregularities — High Court upholding appointments finding that relaxation of rules was permissible under the policy, the appointments were cleared by the State Level Empowered Committee (chaired by the Chief India Law Library Docid # 2437402
(748) KIRTI CHOWDHARY Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 03-12-2025 Constitution of India, 1950 — Articles 14, 16, 226 — Judicial Review of Selection Process — Reservation — Merit Migration — General vs. Reserved Category — A reserved category candidate (OBC/BC) who secures marks higher than the cut-off marks for the General category candidates, and has not availed of any substantial relaxation (like age or qualification) other than fee concession, must be mandatorily India Law Library Docid # 2437549
(749) MAHESH JOSHI Vs. DIRECTORATE OF ENFORCEMENT[SUPREME COURT OF INDIA] 03-12-2025 Prevention of Money-Laundering Act, 2002 (PMLA) — Section 45 — Bail — Prolonged incarceration and right to speedy trial under Article 21 of the Constitution of India — Where a trial under PMLA involves voluminous, document-heavy material, and is unlikely to conclude within a reasonable time, continued indefinite detention contravenes the right to personal liberty under Article 21 — Even where stringent conditions are imposed for bail under Section 45(1)(ii) of PMLA, India Law Library Docid # 2437591
(750) ESHITA GUPTA Vs. JAIPUR NATIONAL UNIVERSITY AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-12-2025 Education Law — Student Documents — Withholding of Original Certificates — Release of Documents — An educational institution cannot withhold the original academic documents (Transfer Certificate, Migration Certificate) of a student as leverage or security to compel the payment of balance course fees, even if the student withdraws mid-course; such documents are the individual property of the student and India Law Library Docid # 2437773
(751) TATHYA PRAGNESHBHAI PATEL Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 03-12-2025 Criminal Procedure Code (CrPC), 1973 — Sections 227, 397, 401, 482 — Discharge Application — Framing of Charge — Scope of Judicial Review — At the stage of framing charge, the court examines material in the chargesheet to determine if sufficient grounds exist for trial; it does not sift the evidence to separate grain from chaff — Discharge is warranted only if the evidence, without cross-examination, suggests no India Law Library Docid # 2437842
(752) SHIV ICE FACTORY AND OTHERS Vs. PASCHIM GUJARAT VIJ COMPANY LIMITED[GUJARAT HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Electricity theft — Suit for recovery of supplementary bill amount — Burden of Proof — Allegation of power theft by bypassing meter — Electricity company (Plaintiff) failed to produce cogent evidence, such as laboratory report on the seized meter or video/photography evidence mentioned in the checking report/rojkam, despite allegations of manipulation — India Law Library Docid # 2437843
(753) MAGANLAL JESANGBHAI THR'HEIRS & LEGAL REPR. AND OTHERS Vs. FAKIRBHAI M SOLANKI SINCE DECEASED THROGH LEGAL HEIRS AND OTHERS[GUJARAT HIGH COURT] 03-12-2025 Transfer of Property Act, 1882 — Section 58(c) (Mortgage by conditional sale) and Section 58(d) (Usufructuary mortgage) — Distinction — A document which stipulates that on default of payment of mortgage money on a certain date, the property shall be transferred to the mortgagee (defendant) in society records, and further provides for the return of possession to the mortgagor (plaintiff) upon repayment, constitutes a "Mortgage India Law Library Docid # 2437844
(754) BHAVIKBHAI RASIKLAL PARMAR Vs. VINABEN BHAVIKBHAI PARMAR[GUJARAT HIGH COURT] 03-12-2025 Hindu Marriage Act, 1955 — Section 9 — Restitution of Conjugal Rights — Withdrawal from society without reasonable excuse — Burden of Proof — The section mandates that the aggrieved party can petition for restitution if the other spouse withdraws without reasonable excuse — The Explanation to Section 9 places the burden India Law Library Docid # 2437845
(755) VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 03-12-2025 Criminal Procedure — Bail (Regular) — Principles for grant of bail in economic offences — Economic offences constitute a class apart, involving deep-rooted conspiracies and huge loss of public/investor funds, and must be viewed seriously as grave offences affecting the nation’s economy — The nature of accusation, severity of punishment, character of the accused, apprehension of tampering with evidence/fleeing justice, and larger public interest are paramount considerations when India Law Library Docid # 2437992
(756) MAHESWAR BEHERA Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 03-12-2025 Constitution of India, 1950 — Article 226 — Writ of Mandamus — Recovery of money — Maintainability — Generally, writ petition for recovery of money is not maintainable as it involves determination of disputed questions of fact requiring civil suit, unless it involves enforcement of statutory rights, public law functions, or where India Law Library Docid # 2438214
(757) SMT. NIDAGANTI LAXMI RAJYAM Vs. MADAN MOHAN PATNAIK[ORISSA HIGH COURT] 03-12-2025 Protection of Women from Domestic Violence Act, 2005 — Section 2(f) — 'Domestic Relationship' — Defined as relationship between persons who live or have lived together in a shared household, related by consanguinity, marriage, or relationship in the nature of marriage, adoption or family members living together as a India Law Library Docid # 2438215
(758) COMMISSIONER/APPELATE AUTHORITY CASTE /INCOME VERIFICATION DEPARTMENT OF BACKWARD CLASSES WELFARE AND OTHERS Vs. RAGHAVENDRA FAKEERAPPA CHANDRANANAVAR[KARNATAKA HIGH COURT] 03-12-2025 Backward Classes — Creamy Layer — Determination of income — Exclusion of salary and agricultural income — Applicability of Central Government Office Memorandums versus State Government Orders. India Law Library Docid # 2438234
(759) MRS. IVY MILLER CHAHAL Vs. UNION OF INDIA AND OTHERS[KARNATAKA HIGH COURT] 03-12-2025 Constitution of India, 1950 — Articles 14, 21, 226 and 227 — Central Government Health Scheme (CGHS) — Medical Reimbursement — Welfare Measure — Right to Health — Article 21 of the Constitution mandates the State to protect life and health, and this obligation extends to ensuring that financial burdens of life-saving treatment do not render the right illusory. Denial of reimbursement for emergency treatment under CGHS India Law Library Docid # 2438238
(760) JEMCY PONNAPPA C.P. AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-12-2025 Karnataka Industrial Areas Development Act, 1966, Section 30 — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 109 — Karnataka Industrial Areas Development (Amendment) Act, 2022 — Karnataka Industrial Areas Development Rules, 1969, Rule 29-A (10) — Award of compensation exceeding Rs. 5 crores — Requirement of State Government approval — Held, such approval is mandatory for the Deputy Commissioner to declare an award India Law Library Docid # 2438240