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(141) STATE OF MEGHALAYA THROUGH THE SECRETARY TO THE GOVERNMENT OF MEGHALAYA Vs. SMTI. UTTORA G. SANGMA[MEGHALAYA HIGH COURT] 12-03-2025
Meghalaya Civil Services (Pension) Rules, 1983 — Meghalaya Civil Services (Pension) (Fourth-Amendment) Rules, 1998 — Rule 38A — An employee whose service is regularized is entitled to post-service retiral benefits, and under specific circumstances, resignation tendered while regularization is under consideration can be considered as voluntary retirement from a regular post — The High Court dismissed the State's appeal, affirming the single judge's decision to grant post-service retiral benefits,
India Law Library Docid # 2423511

(142) SHRI NINGTINGLUNG KAMEI Vs. STATE OF MANIPUR AND OTHERS[MANIPUR HIGH COURT] 12-03-2025
Manipur (Hill Areas) District Councils Act, 1971 — Sections 4, 9 and 11 — The High Court examined whether the Hill Areas Committee (HAC) has the jurisdiction under the Act, 1971, to pass a resolution recommending the constitution of a temporary committee for Autonomous District Councils (ADCs) after the expiry of their terms — A Public Interest Litigation (PIL) challenged a resolution by the Chairman of the Hill Areas Committee (HAC) regarding the administration of Autonomous District Councils (
India Law Library Docid # 2423521

(143) SHIVALI SHARMA Vs. ARMY PUBLIC SCHOOL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-03-2025
Constitution of India, 1950 — Articles 12 and 226 — A writ petition under Article 226 of the Constitution is generally not maintainable for the enforcement of a private contract of service with an educational institution like the Army Welfare Education Society (AWES), as such institutions typically do not qualify as a ‘State’ under Article 12, and service matters lack a public law element unless governed by statutory provisions — The doctrine of legitimate expectation operates within the realm o
India Law Library Docid # 2423777

(144) SOM NATH Vs. STATE OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-03-2025
Jammu and Kashmir Municipal Act, 2000 — Sections 211, 204, 208 (5) and 205 — An Executive Officer of a Municipal Committee, holding a ministerial post, generally lacks the jurisdiction to compound major building violations under the Jammu and Kashmir Municipal Act, 2000 — This power typically rests with the elected Municipal Committee or a duly appointed Administrator, especially for violations beyond minor deviations — An order compounding such violations passed by an Executive Officer is unsus
India Law Library Docid # 2423778

(145) KARAN SINGH AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-03-2025
Ranbir Penal Code (RPC), Section 498-A and 109 — Bharatiya Nyaya Sanhita, 2023 — Section 528 — The High Court, in exercise of its inherent powers under Section 528 and to secure the ends of justice, can quash criminal proceedings, including those for non-compoundable offences like Section 498-A RPC, if the parties have amicably settled their dispute through a genuine compromise, especially in cases with an overwhelming matrimonial or family dispute flavour where the possibility of conviction is
India Law Library Docid # 2423779

(146) A Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-03-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — A child in conflict with law is ordinarily entitled to bail under Section 12 unless there are reasonable grounds based on material evidence to believe that release would lead to association with known criminals, moral, physical or psychological danger, or defeat the ends of justice, and the gravity of the offence alone is not sufficient to deny bail — Criminal revision filed by a child in conflict with law (CCL) against
India Law Library Docid # 2423808

(147) MOHAMMAD KAIF Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 12-03-2025
Penal Code, 1860 (IPC) — Sections 302, 147, and 149 — Prolonged detention as under-trial prisoners with significant delay in the trial process is a valid ground for granting bail, even in serious offences like murder, especially when co-accused with similar status have already been granted bail — Petitions seeking regular bail for offences under Sections 302, 147, and 149, where the petitioners had been in judicial lock-up for approximately five years and only a few out of a large number of pros
India Law Library Docid # 2423809

(148) KRISHNA KUMAR NANDA AND OTHERS Vs. COMMISSIONER, MUNICIPAL CORPORATION, CHANDIGARH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-03-2025
Interpretation of Contracts — Allotment Letter — Forfeiture Clause — Literal Interpretation — Golden Rule — Clause permitting forfeiture of “10% of the amount out of 25% of the cost paid at the fall of hammer” — Held, in the absence of any accompanying note or clarification explicitly defining the forfeiture amount otherwise, the clause must be interpreted literally — Following the golden rule of interpretation, where the language of a contractual clause is plain and unambiguous,
India Law Library Docid # 2423942

(149) ANNABELLE ANALISTA MALIBAGO Vs. DRI[DELHI HIGH COURT] 12-03-2025
Evidence Act, 1872 — Admissibility & Proof — Marking of Exhibits — Discrepancy in Exhibit Numbers — Effect — Marking of an object as an exhibit during evidence is a procedural step for identification — Mere discrepancy in the exhibit number assigned to the same object by different witnesses does not impact the authenticity, credibility, admissibility or proof of the object itself, especially when all witnesses consistently identify the same object recovered from the accused — Such discrepancy is
India Law Library Docid # 2423986

(150) UNITED INDIA INSURANCE CO. LTD. Vs. VINOD KUMAR SINHA AND OTHERS[DELHI HIGH COURT] 12-03-2025
Motor Vehicles Act, 1988 — Sections 166 & 168 — Compensation — Fatal Accident — Death of Student — Assessment of Notional Income — Assessing notional income for a deceased student enrolled in a professional course requires consideration of specific facts, educational qualifications, academic proficiency, family background, and likely career progression, rather than equating them with unskilled labourers — Where deceased was a fourth-year engineering student on the verge of qualification, assessm
India Law Library Docid # 2423987

(151) MEGHRAJ SINGH Vs. CBI[DELHI HIGH COURT] 12-03-2025
Prevention of Corruption Act, 1988 — Sections 7 & 13(1)(d) — Proof of Demand and Acceptance — Sine Qua Non — Corroboration — Prosecution must prove demand and acceptance of illegal gratification as facts-in-issue — Mere acceptance or recovery, without proof of demand (in case of 'obtainment' under S. 13) or proof of offer, is insufficient for conviction — Where primary evidence of demand/offer from the alleged bribe-giver is absent, conviction cannot solely rest on video evidence recorded by a t
India Law Library Docid # 2423989

(152) NAVAL KISHORE KAPOOR Vs. NATIONAL INVESTIGATION AGENCY[DELHI HIGH COURT] 12-03-2025
Unlawful Activities (Prevention) Act, 1967 — Section 43D(5) — Bail — Restrictions — Prima Facie True Test — Section 43D(5) imposes stringent restrictions on granting bail for offences under Chapters IV and VI of the Act — The proviso mandates that bail shall not be granted if the Court, upon perusal of the case diary or final report (chargesheet), is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true — This test requires the
India Law Library Docid # 2423990

(153) OM SARAN GUPTA Vs. NISHI @ NISHI JAIDKA[DELHI HIGH COURT] 12-03-2025
Criminal Procedure Code, 1973 — Sections 195(1)(b)(ii) & 340 — Inquiry into Offences Affecting Administration of Justice — Scope — Offence in respect of Document produced in Court — Timing of Forgery/Manipulation — Custodia Legis — Jurisdiction under S. 340 CrPC, read with S. 195(1)(b)(ii), is attracted only when the specified offences (like forgery, using forged document etc.) are committed in respect of a document after it has been produced or given in evidence in a court proceeding, i.e., whi
India Law Library Docid # 2423993

(154) DHARMENDRA Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-03-2025
Bharatiya Nagrik Suraksha Sanhita, 2023 — S. 483 / Criminal Procedure Code, 1973 — S. 439 — Bail — Successive Applications — Effect of Supreme Court Order — Dismissal of a Special Leave Petition (SLP) against an order rejecting bail, even in limine, does not operate as a bar for the High Court or Trial Court to consider a subsequent bail application filed afresh — The power to adjudicate a fresh bail application in accordance with law remains intact, particularly upon a change in circumstances o
India Law Library Docid # 2424131

(155) SHYAM SINGH Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 12-03-2025
Criminal Procedure Code, 1973 — Sections 145 & 146 — Breach of Peace concerning Land/Water — Jurisdiction of Executive Magistrate — Prerequisites for Attachment & Receiver — Initiation of proceedings under Section 145 Cr.P.C. and passing orders for attachment or appointment of a receiver under Section 146(1) Cr.P.C. require the Executive Magistrate’s satisfaction, based on cogent and reliable material (not vague assertions), establishing an imminent danger of breach of peace concerning the dispu
India Law Library Docid # 2424171

(156) MAHENDRA JAIN AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 12-03-2025
Constitution of India — Article 243-Q — Rajasthan Municipalities Act, 2009 — Section 3 — Rajasthan Panchayati Raj Act, 1994 — Section 101 — Alteration of Municipal Limits — Non-Obstante Clause — Interpretation of Statutes — The power of the State Government under Section 3 of the Rajasthan Municipalities Act, 2009, to declare, include, exclude, or alter the limits of any local area concerning a Municipality, is exercised in furtherance of the constitutional mandate under Article 243-Q — When rea
India Law Library Docid # 2424172

(157) HADMAN SINGH Vs. RISAL KANWAR[RAJASTHAN HIGH COURT] 12-03-2025
Registration of Births and Deaths Act, 1969 — Section 17(2) — Evidence Act, 1872 — Section 35 — Election Petition — Proof of Age/Date of Birth — Admissibility and Evidentiary Value of Birth Certificate — A birth certificate issued by the competent Registrar under the Registration of Births and Deaths Act, 1969, is a public document containing an entry made by a public servant in the discharge of official duty — As per Section 17(2) of the 1969 Act and Section 35 of the Evidence Act, 1872, such a
India Law Library Docid # 2424177

(158) MANGAL CHAND Vs. JUDGE, LABOUR COURT BIKANER AND OTHERS[RAJASTHAN HIGH COURT] 12-03-2025
Industrial Disputes Act, 1947 — Sections 25F, 25B — Retrenchment — Condition Precedent — Proof of 240 Days of Continuous Service — Burden of Proof — To claim protection under Section 25F against retrenchment, a workman must establish having been in “continuous service for not less than one year” as defined under Section 25B, which requires completion of at least 240 days of work in the preceding calendar year — The initial burden to prove this lies on the workman — Where the workman produces evi
India Law Library Docid # 2424192

(159) BHUPENDRA SHRIMALI AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 12-03-2025
Rajasthan Municipalities Act, 2009 — Section 3 — Rajasthan Panchayati Raj Act, 1994 — Section 101 — Delimitation/Alteration of Municipal Limits — Notice Requirement — Non-Obstante Clause — Statutory Interpretation — When the State Government exercises its power under Section 3 of the Rajasthan Municipalities Act, 2009 (the later Act) to declare any local area as a Municipality or alter its limits, the requirement of providing one month’s prior notice, as stipulated in Section 101 of the
India Law Library Docid # 2424167

(160) MOTAKATLA JHANSI VANI REDDY Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 11-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 47 (1) — Arrest — Mandatory requirement — An individual arrested without a warrant must be immediately informed of the grounds for their arrest — Failure to comply with this provision renders any further detention of the person illegal, as emphasized by the High Court.
India Law Library Docid # 2423378