(141) PUNJAB & SIND BANK Vs. PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 01-05-2025 Industrial Disputes Act, 1947 — Termination of service vs. Abandonment of job — Clerk-cum-Cashier in bank overstayed ex-India leave, joined briefly, then again remained absent for long period despite notices to rejoin, indicating no interest in performing duties and intention to abandon job (having left for America for greener pastures) — Labour Court’s award directing reinstatement with continuity but without back wages, on ground that termination was bad for want of enquiry and retrenchment co India Law Library Docid # 2425618
(142) SRINIVAS RAO NAIDU AND OTHERS Vs. HIGH COURT OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025 Chhattisgarh Civil Services (General Condition of Service) Rules, 1961 — Rule 12(2)(C) — Amendment and Interpretation — Seniority upon Absorption — Deputationists absorbed in the High Court establishment after prior regular service in the parent department (District Court establishment) — Amended rule provides for counting seniority from the date of holding the same or equivalent grade on regular basis in the parent department OR the date of holding the post on deputation, whichever is earlier — India Law Library Docid # 2425695
(143) THE ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS Vs. SMT. RURHI BAI AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025 Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Death in vehicular accident — Assessment of income — Deceased earning by labour works — Tribunal assessing income on notional basis lacking cogent evidence — Minimum Wages provisions for unskilled labourers applicable — Deceased’s monthly income safely inferred from minimum wages — Tribunal’s assessment on lower side erroneous. India Law Library Docid # 2425696
(144) SHREEMANTHULA KUMARASWAMY Vs. PUNJAB NATIONAL BANK AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(2) — Notice — Service of — Allegation of lack of proper service of notice under Section 13(2) leading to unawareness of account classification as NPA and entire proceedings — Whether non-service of notice invalidates subsequent proceedings. India Law Library Docid # 2425697
(145) SMT. P. KAVITA MURTI (NOW SMT. KAVITA SANDHU) Vs. P. VENKATRAMAN MURTI[CHHATTISGARH HIGH COURT] 01-05-2025 Criminal Procedure Code, 1973 — Section 378(4) — Acquittal Appeal — Reversal of Acquittal — Standard of Review — Appellate Court’s power to interfere with acquittal findings where based on perverse appraisal of evidence, overlooking vital materials, or drawing conclusions contrary to established facts — Case involves acquittal under Sections 405 and 406 IPC (Criminal Breach of Trust) for misappropriation of Stridhan India Law Library Docid # 2425698
(146) SHANKARI DEVI AND ANOTHER Vs. UNION OF INDIA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-05-2025 Pensions — Family Pension — Eligibility — Rule 50, CCS Pension Rules — Widow remarries — Entitlement of parents — Rule 50(10)(a) provides that if a widow ceases to be eligible for family pension (due to remarriage), the pension at the specified rate shall be payable to the parents for life, provided they were dependent on the government servant immediately before his death — Deceased employee’s widow received family India Law Library Docid # 2425885
(147) MAHESHBHAI HAJIBHAI SOJITRA Vs. BABU LIME PRIVATE LIMITED[GUJARAT HIGH COURT] 01-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(a) & (d) — Rejection of plaint — Maintainability of suit — Commercial Courts Act, 2015 — Application for rejection of plaint on grounds of undervaluation and lack of jurisdiction of District Court under the 2015 Act — Suit for permanent injunction, passing off, and infringement of trademark and copyright — Plaintiff valued suit below specified value, filing in District Court — Defendant contends dispute is commercial and falls under the Commercial Cou India Law Library Docid # 2425993
(148) DEVESH METCAST PVT LTD THROUGH DIRECTORS AND OTHERS Vs. GIRISH NAGJIBHAI SAVALIYA[GUJARAT HIGH COURT] 01-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Grounds (a) and (d) — Absence of cause of action — Suit barred by law of limitation — Application under Order VII Rule 11 – Court to examine plaint and annexed documents to determine if suit is frivolous, vexatious, or barred by law — Rejection warranted when plaint discloses no cause of action India Law Library Docid # 2426047
(149) MAJOOR MAHAJAN MANDAL NAVSARI AND ANOTHER Vs. SITABEN MANGUBHAI AND OTHERS[GUJARAT HIGH COURT] 01-05-2025 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(c) — Eviction — Ground of nuisance or annoyance — Essential ingredients: tenant’s conduct causing nuisance or annoyance to adjoining or neighbouring occupier — Allegation of tenant encroaching on adjoining property (474/A/1) and using it as an additional room amounting to nuisance — Landlord India Law Library Docid # 2426048
(150) SMT. KUSUM Vs. ANAND KUMAR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 30-04-2025 Insurance Act, 1938 — Section 39 (as amended by Act 5 of 2015) — Nominee Rights vs. Succession Law — The interpretation of amended Section 39(7), which uses the term “beneficially entitled” for specified nominees (parents, spouse, children), is contested regarding whether it grants absolute ownership rights to the nominee, thereby overriding personal succession laws. India Law Library Docid # 2425302
(151) ABHA JAIN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025 Principles of Natural Justice — Supply of Inspection Report with Show Cause Notice — Mining Lease — In proceedings initiated by the Mining Department alleging illegal mining or other violations by a leaseholder, if a show cause notice is based on an ex-parte inspection report, failure to supply a copy of such inspection report along with the show cause notice to the petitioner vitiates the proceedings — This denial prevents the petitioner from filing an effective reply and defending their case, India Law Library Docid # 2425482
(152) KALYAN Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025 Criminal Law — Circumstantial Evidence — Five Golden Principles (Panchsheel) — For a conviction based solely on circumstantial evidence, the prosecution must satisfy five golden principles: (1) the circumstances from which the conclusion of guilt is to be drawn must be fully established; (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused and not explainable on any other hypothesis; (3) the circumstances should be of a conclusive nature and tend India Law Library Docid # 2425483
(153) NEHA BARUA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-04-2025 Service Law — Reservation — Handicapped Category — Adjustment against Unreserved Category — 100% Reservation Impermissible — Where an advertisement shows a vacancy in the unreserved (UR) category, and simultaneously a seat is also reserved for a handicapped category without specifying a particular seat, the UR seat cannot be carried forward due to non-availability of a handicapped candidate if a meritorious UR candidate is available — Carrying forward the UR seat in such a scenario, effectively India Law Library Docid # 2425539
(154) KAPURA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-04-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483(3) (Equivalent to Cr.P.C. Section 439(2)) — Cancellation of Bail — Grounds — Bail once granted should not be cancelled in a mechanical manner — Very cogent and overwhelming circumstances are necessary for cancellation — Generally, grounds include interference with the due course of justice, evasion, abuse of the concession of bail, misuse of liberty, or flouting bail conditions — Cancellation is not typically ordered for perceived ind India Law Library Docid # 2425572
(155) GAJRAJ AND OTHERS Vs. DHARAMBIR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 — Order 41 Rule 27(1)(aa) & (b) — Additional evidence at appellate stage — Criteria for allowing — Production of old revenue records (Jamabandis dating back almost 150 years) as additional evidence by plaintiff/respondent in appeal allowed by appellate court — Revision against, dismissed — High Court found that such documents, being very old revenue records, would likely have been difficult for plaintiff to procure earlier despite due diligence (satisfying Order 41 Rul India Law Library Docid # 2425610
(156) MALKIT SINGH Vs. MOHINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 & Order 9 Rule 13 — Setting aside ex parte order/decree — “Good cause” for non-appearance — Counsel pleading ‘no instructions’ — Duty of litigant to be vigilant — Where defendant (petitioner) was proceeded ex parte after his counsel pleaded ‘no instructions’, and his application under Order 9 Rule 7 was dismissed, and it was found from trial court record that defendant had repeatedly sought adjournments, caused plaintiff (who travelled from Delhi India Law Library Docid # 2425611
(157) PAL SINGH AND OTHERS Vs. KARNAIL SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Hindu Law — Joint Hindu Family Property — Ancestral Coparcenary Property — Proof — Property inherited from common ancestor Deva Singh, then by his son Mangat Singh, and subsequently by Mangat’s sons Chajja Singh and Mal Singh, held to be ancestral coparcenary property where located in Village Balhari Kalan, as original ownership by Deva Singh was proved through revenue records (excerpt prepared by PW/3) — However, property in Village Balhari Khurd not proved ancestral as plaintiffs failed to pro India Law Library Docid # 2425612
(158) RAJBIR SINGH Vs. RAM BHAGAT AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Proof of Negligence — Sufficiency of evidence — Dismissal of claim by Tribunal for failure to prove rash and negligent driving by respondent No.1 (driver of offending vehicle) set aside — Claimant (PW-5) gave detailed and consistent account of accident, his testimony remained unshaken in cross-examination and inspired judicial confidence — FIR, though initially against unknown vehicle/driver, was followed by chargesheet against respondent India Law Library Docid # 2425613
(159) SANJIV KUMAR @ KAUWA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 20 — Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 15(1)(g) — Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 18(1)(g) — Sentencing of juvenile offender who attained majority during pendency of revision — Petitioner convicted under S. 20 NDPS Act by Juvenile Board and sentenced to 02 years in special home; appeal dismissed — Revision filed in 2009, heard after 24 years from F India Law Library Docid # 2425614
(160) RAM SARAN Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Negotiable Instruments Act, 1881 — Sections 138 & 147 — Dishonour of cheque — Compounding of offence — Where petitioner-accused paid entire compensation amount of Rs. 3,00,000/- (initially Rs. 1.5 lakh to show bona fides for suspension of sentence, and balance subsequently) to respondent-complainant, and complainant accepted the same and had no objection to compounding, offence under S. 138 compounded and petitioner acquitted — Judgments of conviction and sentence passed by trial court and appel India Law Library Docid # 2425615