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(961) PALM ISLAND SPACE OWNERS WELFARE ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-04-2025
National Highways Act, 2002 — Sections 28, 29, 38 — Control of National Highways (Land and Traffic) — Making Mall operational — Failure to obtain permission from National Highway Authority of India before making commercial complex operational near National Highway — Petitioners challenging flyover construction changes near commercial complex — Respondents highlighting lack of permission from Highway Authority — While not directly determinative of the core dispute regarding flyover design, the st
India Law Library Docid # 2425810

(962) KULWANT SINGH Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 07-04-2025
Penal Code, 1860 — Section 304 Part II — Culpable Homicide not Amounting to Murder — Intention/Knowledge of causing death — Accused pushed intoxicated victim who fell and sustained head injury leading to death — Post-mortem report indicated subarachnoid haemorrhage but no fracture — Supreme Court precedent in Jani Gulab Shaikh’ (1970 SCC (Cri) 532) holding that pushing someone leading to a fall on the road rarely results in death and it’s difficult to impute knowledge of likely death in such cir
India Law Library Docid # 2425938

(963) NARENDER MEHTA Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 07-04-2025
Service Law — Promotion — Right to promotion — Absence of Recruitment & Promotion Rules — Discretionary promotion as personal measure — Subsequent retraction by Council of Ministers — Effect — Promotion granted as a “personal measure” on sympathetic grounds due to lack of promotional avenues and not based on existing Recruitment & Promotion Rules
India Law Library Docid # 2425939

(964) JOGINDER SINGH AND OTHERS Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 07-04-2025
Himachal Pradesh Land Revenue Act, 1953 — Section 163 — Eviction from Government land — Plea of adverse possession for over 30 years — Mandatory duty of Assistant Collector, 1st Grade to act as Civil Court — When a person facing eviction under Section 163 for alleged encroachment specifically pleads possession of the land for more than 30 years, the Revenue Officer, not below the rank of Assistant Collector, 1st Grade, is mandatorily required by Section 163(3) to proceed
India Law Library Docid # 2425940

(965) PADSALA ARVINDBHAI POPATBHAI AND OTHERS Vs. HEIRS OF LRS DECD HARJIVANDAS DAMODARDAS PRAJAPATI AND OTHERS[GUJARAT HIGH COURT] 07-04-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(a)(d) — Rejection of Plaint — Bar of law — Limitation — Fraud — Scope of examination — Court must confine itself to the averments in the plaint and documents produced with it — Cannot consider written statement or defendant’s documents at this stage
India Law Library Docid # 2426032

(966) ABDUS SATTAR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 07-04-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 2(f) and 12 — Maintainability of application — Relationship between parties — Divorce — Proof of Talaq — Domestic Relationship and Shared Household — Application under Section 12 by respondent wife seeking reliefs including maintenance — Petitioner husband claiming prior irrevocable divorce under Muslim law through notices of talaq which terminated the marital and domestic relationship, rendering the application non-maintainable — P
India Law Library Docid # 2426213

(967) SRI ANIL BRAHMA @ ANIL KUMAR WARY Vs. SMT. SABITA SAHA AND OTHERS[GAUHATI HIGH COURT] 07-04-2025
Specific Performance — Suit for — Agreement to Sell — Proof of readiness and willingness — Section 16(c) of Specific Relief Act, 1963 — Essential ingredient is that plaintiff must aver and prove continuous readiness and willingness to perform their part of the contract — Readiness implies financial capacity to pay the balance consideration — While liquid money is not mandatory, credible evidence of financial capacity (bank accounts, assets, income tax
India Law Library Docid # 2426214

(968) TATA SKY LIMITED AND OTHERS Vs. S G ENTERPREISES - TATA SKY SALES AND SERVICES AND OTHERS[DELHI HIGH COURT] 05-04-2025
Practice and Procedure — Clarification of Orders — Inadvertent Errors — The Court has the power to correct inadvertent errors in its previous orders upon an application being filed demonstrating the error — In this instance, paragraphs in a previous order concerning the status and implementation timeline of the ‘Beneficiary Name Lookup Facility’ for RTGS/NEFT by RBI were corrected based on an application and clarification provided.
India Law Library Docid # 2424944

(969) GURWINDER SINGH ALIAS GORI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 05-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 [as applicable via Revision against JJB/Sessions Court orders] — Bail — General Principles — Presumption of Innocence — In considering bail applications, particularly in revisions against denial of bail, courts reiterate the fundamental principle of criminal jurisprudence, including the presumption of innocence — The grant of bail is generally the rule, and putting a person in jail or prison before conviction is an exception, requiring justifica
India Law Library Docid # 2425048

(970) SIMRANJIT SINGH AND OTHERS Vs. RAGHBIR SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 05-04-2025
Motor Vehicles Act, 1988 — Compensation in Injury Claims — Just Compensation Principle — Functional Disability vs. Physical Disability — The assessment of compensation in injury cases must adhere to the principle of ‘just compensation’, aiming to provide adequate recompense without being a bonanza or unduly meagre — In cases of permanent disability, the focus must be on the impact of the disability on the claimant’s earning capacity (functional disability), which may differ significantly from th
India Law Library Docid # 2425049

(971) KAMAL SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 05-04-2025
Service Law — Statutory Interpretation — Conflict between General and Specific Statutes — Transfer — Generalia specialibus non derogant & Leges posteriores priores contrarias abrogant — Where a general statute (Uttarakhand Annual Transfer of Public Servants Act, 2017) provides for transfer, including inter-cadre transfer under specific contingencies, but specific statutory service rules governing a particular cadre (Uttarakhand Subordinate Education (Trained Graduate Category) Service Rules, 201
India Law Library Docid # 2425231

(972) RAJVEER Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-04-2025
Criminal Procedure Code, 1973 — Section 457 — M.P. Excise Act, 1915 — Sections 34(2), 36, 46, 47-A(3)(a), 47-D — Interim Custody of Seized Vehicle — Bar on Jurisdiction of Trial Court — The scope of the trial court’s jurisdiction under Section 457 Cr.P.C. to release a vehicle seized in connection with offences under Sections 34(2), 36, and 46 of the M.P. Excise Act, in light of the bar stipulated under Section 47-D of the said Act, and the conditions precedent for the activation of such a
India Law Library Docid # 2425507

(973) KAMLABAI Vs. MANGILAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-04-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Concurrent Findings of Fact — Scope of Interference — The limited jurisdiction of the High Court under Section 100 CPC to interfere with concurrent findings of fact recorded by the trial court and the first appellate court, and the necessity for the involvement of a substantial question of law for such interference.
India Law Library Docid # 2425508

(974) SOUMEN PAUL AND OTHERS Vs. SHRABANI NAYEK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Service Law — Recruitment — Eligibility Qualification — Interpretation of Rules — West Bengal School Teachers Recruitment Rules, 2016, Rule 6(2) — Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016 (as amended on 22.12.2020), which requires candidates to possess the minimum educational and training qualification prescribed by the National Council for Teacher Education (NCTE) "prevailing as on date of publication of recruitment notification," primarily functions to incor
India Law Library Docid # 2424245

(975) A RAJENDRA Vs. GONUGUNTA MADHUSUDHAN RAO AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation Act, 1963 — Section 12 — Appeal to NCLAT — Limitation Period — Commencement and Calculation — The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone
India Law Library Docid # 2424246

(976) KOUSIK DAS AND OTHERS Vs. STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Education Law — Teacher Qualification — Diploma in Elementary Education (D. El. Ed.) — NIOS 18-Month ODL Programme — Purpose and Scope — The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 — This p
India Law Library Docid # 2424247

(977) SANGITA SINHA Vs. BHAWANA BHARDWAJ AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Effect of Accepting Refund — A buyer's continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance consideration sent by the seller along with a cancellation notice, especially when such encashment occurs during the p
India Law Library Docid # 2424248

(978) JOGESWAR SAHOO AND OTHERS Vs. THE DISTRICT JUDGE, CUTTACK AND OTHERS[SUPREME COURT OF INDIA] 04-04-2025
Service Law — Recovery of Excess Payment — Retired Employees — Non-Fault Based Payment — Recovery of excess payments made years prior to non-gazetted employees (Stenographers) due to the employer's erroneous interpretation of rules or recommendations (Shetty Commission), without any misrepresentation or fraud attributable to the employees, is impermissible after their superannuation.
India Law Library Docid # 2424249

(979) MURUGAN Vs. THE STATE REP. BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 04-04-2025
Criminal Law — Circumstantial Evidence — Chain of Evidence — Benefit of Doubt — In cases resting solely on circumstantial evidence, the prosecution must establish a complete chain of circumstances that unerringly points only towards the guilt of the accused, leaving no room for any other hypothesis consistent with innocence — Any missing link or reasonable doubt arising at any stage necessitates acquittal, as strong suspicion cannot substitute for proof beyond a reasonable doubt.
India Law Library Docid # 2424250

(980) MD. MAHMUD ALAM @ MAHMUD @ NEPALI Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 04-04-2025
Unlawful Activities (Prevention) Act, 1967 — Section 43D(5) — Bail — Restriction on Grant — Prima Facie Case — Section 43D(5) of the UAPA imposes a specific embargo on the grant of bail if the Court, upon perusal of the case diary and the report under Section 173 Cr.P.C., forms an opinion that reasonable grounds exist for believing that the accusation against the person for committing an offence under Chapter IV or VI of the UAPA is prima facie true — This standard shifts the conventional bail j
India Law Library Docid # 2424326