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(181) PUNJAB STATE POWER CORPORATION LTD. AND OTHERS Vs. RAM SINGH, EX. ASSISTANT LINEMAN[PUNJAB AND HARYANA HIGH COURT] 02-04-2025
Service Law — Disciplinary Proceedings — Double Jeopardy — Constitution of India, Art. 20(2) — Subsequent Dismissal based on Criminal Conviction — Imposition of a second, harsher penalty (dismissal from service) based solely on a subsequent criminal conviction, arising from the same incident/conduct for which a final, lesser penalty (stoppage of increments) has already been imposed and accepted following a departmental enquiry, amounts to subjecting the employee to double jeopardy for the same c
India Law Library Docid # 2425035

(182) AMARJIT KAUR Vs. HARINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-04-2025
Evidence Act, 1872 — Sections 35, 74, 76, 77, 82 — Proof of Parentage — Public Documents — Admissibility and Evidentiary Value — Documents such as an application for foreign citizenship made by a parent for a minor child explicitly stating parentage (Ex.P1), marriage registration certificates detailing parental lineage (Ex.P2, P7), and passport entries (Ex.P5, P6), when produced in original or as properly admissible copies, are relevant under Section 35 and possess significant evidentiary value
India Law Library Docid # 2425036

(183) SHILA DEVI ALIAS SHEELA DEVI Vs. RAM DATT[PUNJAB AND HARYANA HIGH COURT] 02-04-2025
Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Sections 68, 101 — Proof of Will — Suspicious Circumstances — Onus Probandi — The propounder of a Will bears the onus not only of proving its due execution according to law but also of removing any legitimate suspicion surrounding its execution — Factors such as the execution of the Will shortly before the testator’s death, the presence and active participation of the beneficiary during the execution and registration process, the failure o
India Law Library Docid # 2425037

(184) DILBAGH SINGH Vs. MANAGING COMMITTEE, GURU NANAK NATIONAL COLLEGE, NAKODAR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 02-04-2025
Evidence Act, 1872 — Section 115 — Estoppel — Acceptance of Consolidated Salary — Ad-hoc/Temporary Employment — An employee appointed on a temporary/ad-hoc basis on a specified consolidated salary, who accepts such salary throughout the tenure of employment without protest or objection, may be estopped from later claiming salary arrears based on parity with regular employees or on the basis of University/Government rules, especially when the terms of appointment letters clearly stipulate payment
India Law Library Docid # 2425088

(185) PRITHI AND OTHERS Vs. SATYA NARAIN[PUNJAB AND HARYANA HIGH COURT] 02-04-2025
Evidence Act, 1872 — Sections 101-103 — Suit for Permanent Injunction — Burden of Proof — Proof of Possession — In a suit for permanent injunction based on possession, the plaintiff must succeed on the strength of their own case and cannot rely on the weaknesses of the defendant’s case — The burden lies squarely on the plaintiff to establish their settled possession over the suit property at the time of filing the suit through cogent and reliable evidence — Contradictory stands taken by the plai
India Law Library Docid # 2425089

(186) SOM NATH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 02-04-2025
Criminal Law — Circumstantial Evidence — Standard of Proof — Panchsheel Principles — In a case resting solely on circumstantial evidence, the prosecution bears the heavy burden of establishing a chain of evidence so complete that it is inconsistent with the innocence of the accused and points unerringly towards their guilt — Each circumstance must be fully established (“must be” or “should be,” not merely “may be”) — The established facts must exclude every possible hypothesis except the guilt o
India Law Library Docid # 2425090

(187) MANEKBEN RAMA TANDEL Vs. THE COLLECTOR DAMAN AND OTHERS[BOMBAY HIGH COURT] 01-04-2025
Land Acquisition — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Procedural Compliance and Natural Justice — Land acquisition proceedings conducted under the Right to Fair Compensation Act, 2013, wherein the acquiring authority provided multiple opportunities for hearing objections, considered them (including issuing fresh reports pursuant to court directions), and followed the statutory steps like Social Impact Assessment, Rehabilit
India Law Library Docid # 2424275

(188) PRIYA CONSTRUCTION COMPANY Vs. THE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF HOUSING AND OTHERS[BOMBAY HIGH COURT] 01-04-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 3(k) — State Government’s Power to Issue Directions — Scope — Policy Matters vs. Specific Projects — The power of the State Government under Section 3(k) of the Act to issue general or special directions to the Slum Rehabilitation Authority (SRA) is confined to matters of policy necessary for carrying out the Act’s purposes — This power does not extend to issuing binding directions concerning specific individua
India Law Library Docid # 2424366

(189) SRI. UMESH N. Vs. THE STATE OF KARNATAKA[KARNATAKA HIGH COURT (DHARWAD BENCH)] 01-04-2025
Evidence Act, 1872 — Section 32 — Dying Declaration — Reliability and Corroboration — Multiple Infirmities — A conviction cannot be based solely on dying declarations when they suffer from multiple infirmities and lack corroboration. Doubts regarding reliability arise from: (i) Contradictions regarding the victim’s ability to affix LTM (present on Ex.P28 recorded earlier, absent on Ex.P29 recorded later due to alleged burnt hands); (ii) Evidence suggesting the victim did not know the language (K
India Law Library Docid # 2424395

(190) MADIPAKKAM NORTH EAST RESIDENTS' WELFARE ASSOCIATION REP. BY ITS PRESIDENT MR. M. ANBALAGAN AND ANOTHER Vs. THE STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Act 24 of 1978) — Sections 11(3), 11(5), 11(6) — Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act 20 of 1999) — Section 4 — Lapse of Proceedings — Requirement of Actual Physical Possession — Burden of Proof — For proceedings initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, not to lapse under Section 4 of the Repeal Act, 1999, the State Government must establish that actual physical
India Law Library Docid # 2424483

(191) S. RAJAN Vs. R. SRINIVASAN AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) — Section 23(1) — Cancellation of Transfer/Settlement Deed — Condition for Maintenance — Implied Condition from Love and Affection — Purposive Interpretation — The condition under Section 23(1) of the Act, that the transferee shall provide basic amenities and physical needs to the senior citizen transferor, need not be expressly stated in the transfer document (like a Settlement Deed or Gift Deed) — Where a transfe
India Law Library Docid # 2424484

(192) K. GOPINATHAN Vs. THE DISTRICT COLLECTOR AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) — Section 4 — Maintainability of Complaint — Senior Citizen having Own Income/Property — The requirement under Section 4(1) that a senior citizen must be “unable to maintain himself from his own earning or out of the property owned by him” to be entitled to make an application for maintenance under Section 5, does not bar a senior citizen, who may have sufficient income or property, from approaching the authorities
India Law Library Docid # 2424485

(193) BIGTEC PRIVATE LIMITED Vs. THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS[MADRAS HIGH COURT] 01-04-2025
Patents Act, 1970 — Sections 2(1)(ja), 3(c) — Inventive Step — Obviousness — Nucleotide Sequences (Probes/Primers) — Surprising Effects — Discovery vs. Invention — A claim for novel nucleotide sequences (probe and corresponding primers) for identifying Hepatitis B Virus (HBV) using RTD-PCR, even if derived from known HBV genome sequences, can involve an inventive step if they demonstrate surprising and unexpected technical effects over prior art sequences used for the same purpose — Where the ap
India Law Library Docid # 2424486

(194) MINI VINOD KUMAR Vs. K. VIJAYALAKSHMI AND OTHERS[KERALA HIGH COURT] 01-04-2025
Trusts Act, 1882 — Section 63 — Following Trust Property — Where trust property is disposed of and the proceeds can be traced, the beneficiary has rights nearly the same as in the original property.
India Law Library Docid # 2424593

(195) M/S REEMA ASSOCIATES Vs. DIRECTORATE OF REVENUE INTELLIGENCE AND OTHERS[CHHATTISGARH HIGH COURT] 01-04-2025
Customs Act, 1962 — Section 110A — Provisional Release of Seized Goods — Discretionary Power — Prohibited Goods — Section 110A confers discretionary power upon the adjudicating authority to provisionally release seized goods pending adjudication, upon taking a bond and imposing necessary security and conditions — This provision applies generally to “any goods... seized under section 110” — While the import policy may classify certain goods as ‘prohibited’ if they fail to meet specific requiremen
India Law Library Docid # 2424722

(196) NETHI VIDYASAGAR Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 01-04-2025
Criminal Procedure Code, 1973 — Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528] — Quashing of Cognizance Order and Proceedings — Scope of Inquiry — Abuse of Process — Political Rivalry — In exercising inherent powers under Section 482 CrPC (S. 528 BNSS), particularly when factors like potential political rivalry or ulterior motives are alleged, the Court is not limited to accepting the charge sheet averments at face value — It can scrutinize the accompanying materials, witne
India Law Library Docid # 2424834

(197) SMT. K. JYOTHI Vs. THE GOVERNMENT OF ANDHRA PRADESH[TELANGANA HIGH COURT] 01-04-2025
A.P. (Telangana Area) Abolition of Inams Act, 1955 — Sections 3(2)(b), 4(1)(a) — Grant of Occupancy Rights Certificate (ORC) — Lands Excluded — Tank Beds, FTL, Submerged Lands — Occupancy Rights Certificates (ORCs) cannot be legally granted under the A.P. (T.A.) Abolition of Inams Act, 1955, in respect of lands falling within categories explicitly excluded under Section 4(1)(a), such as tanks, tank beds, irrigation works, streams, and rivers, or lands falling within the Full Tank Level (FTL) / s
India Law Library Docid # 2424843

(198) M/S. RAMKY INFRASTRUCTURE LTD. AND OTHERS Vs. STATE OF TELANGANA AND ANOTHER[TELANGANA HIGH COURT] 01-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Suppression of Material Facts — Doctrine of Clean Hands — A petition filed under Section 482 CrPC seeking relief is liable to be dismissed at the threshold if the petitioner approaches the Court with unclean hands by suppressing material facts — Where petitioners falsely contended ignorance of a sub-contract agreement despite documentary evidence (correspondence, reference to bank guarantees) demonstrating their awareness and involv
India Law Library Docid # 2424844

(199) NANDYALA JAYA RAMI REDDY Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 01-04-2025
Constitution of India, 1950 — Articles 243-O & 329(b) — Andhra Pradesh Panchayat Raj Act, 1994 — Section 204 — Election Law — Judicial Interference — Bar on Courts — The High Court, exercising its writ jurisdiction, must exercise restraint and ordinarily refrain from interfering with the election process once it has commenced Articles 243-O and 329(b) of the Constitution and Section 204 of the Andhra Pradesh Panchayat Raj Act, 1994, create a bar against judicial intervention in electoral matters
India Law Library Docid # 2424886

(200) RATHI VASUDEVA RAO Vs. P V R M PATNAIK[ANDHRA PRADESH HIGH COURT] 01-04-2025
Legal Services Authority Act, 1987 — Section 21 — Award of Lok Adalat — Deemed Decree — Executability— Section 21 creates a legal fiction whereby every award passed by a Lok Adalat, based on compromise or settlement, is deemed to be a decree of a civil court — This deeming provision applies irrespective of whether the case was referred by a civil court or a criminal court — Consequently, such an award is executable by the civil court as if it were a decree passed by it
India Law Library Docid # 2424904