(761) RAMESH KUMAR AND ANOTHER Vs. SMT. RAJ KUMARI[UTTARAKHAND HIGH COURT] 02-12-2025 Civil Procedure — Jurisdiction — Remand by Superior Court — Specific Direction to Specified Authority — Where a High Court specifically directs the District Judge to decide a revision afresh, the jurisdiction is person-specific and cannot be delegated or taken up by a subordinate authority (such as an Additional District Judge) unless specifically permitted by the remanding court — Decision India Law Library Docid # 2436523
(762) IMRAN HUMAYUN CHANDIWALA Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Section 55(5) — Cancellation of Certificate of Registration — Grounds for cancellation — Registration obtained on basis of false documents or misrepresentation of facts — Nissan car fraudulently imported and initially registered in name of third party using forged Bill of Entry to evade customs duty — Subsequent registration of car in name of Petitioner (purchaser) — Original India Law Library Docid # 2436986
(763) M/S. BELLA VISTA DRYCLEANERS Vs. VISHWANATH KANOJIA, AKHIL BHARTIYA GENERAL KAMGAR UNION AND ANOTHER[BOMBAY HIGH COURT] 02-12-2025 Industrial Disputes Act, 1947 — Section 36(3) and 36(4) — Representation by legal practitioner before Labour Court — Scope and interpretation — Section 36(3) imposes a complete bar on representation by a legal practitioner in conciliation proceedings or proceedings before a Labour Court/Tribunal, but Section 36(4) provides an exception allowing representation before a Labour Court/Tribunal with (i) India Law Library Docid # 2436988
(764) MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. SANKET DATTATRAYA MISTRI[BOMBAY HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Motor Accident Claim — Negligence — Burden of Proof — Preponderance of Probabilities — The burden of establishing that an accident took place due to the negligence of the offending vehicle's driver (ST bus in this case) is discharged by the claimant on the basis of preponderance of probabilities, supported by evidence like the spot panchnama and FIR statements of co-passengers. India Law Library Docid # 2436989
(765) THE NATIONAL INSURANCE COMPANY LIMITED Vs. SMTI RIMA KOUSHIK SARMAH AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Compensation — Fatal Accident — Rash and Negligent Driving — Evidence and Proof — Where the eyewitness testimony and Police Charge Sheet confirm that the accident was caused by the rash and negligent driving of the offending vehicle driver (using a mobile phone while riding) and not against the deceased, the finding of negligence against the offending driver is upheld — Contributory negligence cannot be established on the facts presented. India Law Library Docid # 2437251
(766) ARUP RAY AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Service Law — Recruitment — Constable (General Duty) in CAPFs/Assam Rifles (Advertisement 2024)— Physical Standard Test (PST) — Height requirement for candidates from Assam (165 cm) — Rejection based on fractional shortfall (164.5 cm to 164.8 cm) — Challenge to application of rounding-off rule. India Law Library Docid # 2437252
(767) M/S CADILA PRARMACEUTICALS LTD. Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Contract Law — Tender and Procurement — Firm Debarment/Blacklisting — Authority to Issue Order: Where a Letter of Intent specified that any question or dispute regarding the construction of clauses, rights, duties, or liabilities arising out of the agreement, including debarment/blacklisting, shall be subject to the final and binding decision of the Managing Director (Respondent No. 3), the General Manager (Respondent No. 4) lacked the competence and authority to issue the Firm Debarment India Law Library Docid # 2437253
(768) THE EXECUTIVE DIRECTOR AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Industrial Disputes Act, 1947 — Reference to Industrial Tribunal — Scope of Adjudication — Unfair Labour Practice — Question referred regarding non-regularization of 6 workmen out of 9 similarly situated workmen as an unfair labour practice and violation of Article 16 of the Constitution — Industrial Tribunal failed to adequately address the unfair labour practice allegation. India Law Library Docid # 2437254
(769) BAIJNATH GANJHU Vs. UNION OF INDIA THROUGH NATIONAL INVESTIGATING AGENCY, NEW DELHI[JHARKHAND HIGH COURT] 02-12-2025 Unlawful Activities (Prevention) Act, 1967 (UAPA) — Bail under UAPA — Section 43D(5) — Delay in Trial — Violation of Constitutional Right to Speedy Trial — Appellant accused of providing logistic support as an Over Ground Worker (OGW) of CPI (Maoist) in connection with a terrorist attack leading to the death of four police personnel — Rigour of Section 43-D(5) can be harmonized with constitutional courts' ability to grant bail on grounds of violation of Part III of the India Law Library Docid # 2436534
(770) RAKESH KUMAR MAHAJAN AND ANOTHER Vs. SHAKTI MAHAJAN @ SHAKTI GUPTA[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 East Punjab Urban Rent Restriction Act, 1949 — Section 13 — Provisional Rent Assessment — Eviction petition filed by Landlady (Respondent) citing arrears of rent and personal necessity — Rent Controller provisionally assessed arrears of rent by including 10% increase clause from a Rent Note (dated 12.08.1999) — Appellate Authority upheld assessment — Challenge (by tenant/petitioner) against provisional India Law Library Docid # 2436925
(771) RAKESH KUMAR Vs. SURINDER KUMAR[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 Specific Performance — Agreement to Sell — Concurrent Findings of Fact — Suit for specific performance of agreement dated 30.01.1990 for sale of a residential-cum-dairy plot decreed by Trial Court and upheld by First Appellate Court — Both lower courts recorded concurrent findings of fact based on appreciation of evidence, including testimony of attesting witness (PW-3) who proved execution of agreement, India Law Library Docid # 2436926
(772) M/S PEE ESS GALAXY AND ANOTHER Vs. HARINDER SINGH[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 Negotiable Instruments Act, 1881 — Section 138 (Dishonour of cheque) — Compounding of Offence — The offence under Section 138 of the NI Act is fundamentally a civil wrong and is specifically made compoundable — Where parties have settled the matter and the complainant has received the agreed amount, the High Court allows compounding of the offence, even at the revision stage, following India Law Library Docid # 2436927
(773) PARAMJIT SINGH @ BABA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 02-12-2025 Criminal Law — Rash and Negligent Driving Causing Death (Section 304-A IPC) — Conviction and Sentence — Modification of Sentence — Petitioner convicted under Section 304-A IPC (after acquittal under Section 279 IPC in appeal) and sentenced to one year Rigorous Imprisonment — Appeal confined to sentencing part and not challenging conviction — Sentencing principles require balancing nature of India Law Library Docid # 2436928
(774) PRAVIN AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 02-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of FIR/Chargesheet — Principles — The High Court can exercise its inherent powers to quash proceedings when the allegations in the FIR, even if taken at face value, do not prima facie constitute an offence or where the proceedings amount to an abuse of the process of the court or to secure the ends of justice — Power should not be used to stifle a legitimate prosecution. India Law Library Docid # 2437109
(775) THE NATIONAL INSURANCE COMPANY LIMITED Vs. SMTI RIMA KOUSHIK SARMAH AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Compensation — Assessment of Income — Deductions — Deceased was an employee under Assam Police with a gross salary of Rs. 33,728/- per month — Professional Tax (Rs. 208/-) was deducted from gross salary — Contention by insurer that a component identified as 'MA' (Medical Allowance/Mess Allowance) should be deducted as it is not part of take-home salary, was rejected as being incidental to service and unsubstantiated — No error in the India Law Library Docid # 2437277
(776) GHULAM HASSAN SHAH Vs. JAMMU & KASHMIR BANK LIMITED AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 02-12-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Sections 13(2), 14, 31 — Challenge to SARFAESI proceedings — Secured asset status — Petitioner repeatedly challenging Bank’s action (after loan default and NPA declaration) alleging secured asset was non-amenable agricultural land (Section 31) and later claiming mistaken identity of sealed India Law Library Docid # 2436235
(777) VENKATESH AND ANOTHER Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 02-12-2025 Penal Code, 1860 (IPC) — Section 326 — Voluntarily causing grievous hurt by dangerous weapons or means — Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (TNPPDL Act) — Section 3(1) — Mischief to public property — Conviction affirmed but sentence reduced — Appellants convicted for five years rigorous imprisonment under S. 326 IPC and two years under S. 3(1) of TNPPDL India Law Library Docid # 2436281
(778) RAJIV SONI Vs. ICICI BANK[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 02-12-2025 Constitution of India, 1950 — Articles 19(1)(g) and 21 — Right to travel abroad — Scope — The right to travel abroad is a facet of "personal liberty" guaranteed under Article 21 and is a fundamental right — This right can be regulated or deprived only by ‘enacted law’ or ‘State law’ and according to the procedure established by law — In the absence of specific statutory power under the Act regulating this right India Law Library Docid # 2436286
(779) TMT.R.SANTHI AND OTHERS Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 02-12-2025 Registration Act, 1908 — Section 28 — Validity of Sale Deed — Registration outside Local Jurisdiction — Prior to the Registration (Tamil Nadu Amendment) Act, 1997, there was no prohibition on registering a document before any Sub-Registrar Office where whole or a portion of the immovable property existed; payment of differential stamp duty and registration fees later under Section 19B of the Indian India Law Library Docid # 2436680
(780) ROUSANARA BEGUM Vs. S.K. SALAHUDDIN @ SK SALAUDDIN AND ANOTHER[SUPREME COURT OF INDIA] 02-12-2025 Muslim Women (Protection of Rights on Divorce) Act, 1986 — Section 3(1)(d) — Right to property given at marriage — Divorced Muslim Woman — The Act allows a divorced woman to claim all properties given to her before, at the time of, or after marriage by her relatives, friends, the husband, or his relatives/friends — The objective of the Act is to secure the financial protection and dignity of a Muslim India Law Library Docid # 2436175