(181) 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
(182) 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
(183) 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
(184) 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
(185) 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
(186) 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
(187) 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
(188) 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
(189) 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
(190) 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
(191) 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
(192) 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
(193) 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
(194) 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
(195) 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
(196) 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
(197) SANJAY MAHADEV BAKARE Vs. BEBI SHANKAR PATIL AND OTHERS[BOMBAY HIGH COURT] 12-03-2025 Specific Relief Act, 1963 — Section 19(b) — Suit for Specific Performance — Necessary Parties — Subsequent Transferee — In a suit for specific performance of a contract for the sale of immovable property, a subsequent transferee who claims title through the vendor under a transaction arising after the original contract is generally considered a necessary party — Their impleadment is crucial for passing a complete and effective title to the plaintiff if the suit succeeds, and also because their r India Law Library Docid # 2424286
(198) KANCHAN BAJRANG POWAR AND OTHERS Vs. AAPPA DAGDU POWAR (DECEASED) THROUGH LRS. AND OTHERS[BOMBAY HIGH COURT] 12-03-2025 Evidence Act, 1872 — Section 65 — Secondary Evidence — Admissibility — Pre-requisite of Original’s Admissibility — Permission to adduce secondary evidence of a document under Section 65 of the Evidence Act is predicated on the assumption that the original document itself, if produced, would be admissible in evidence — If the original document is inherently inadmissible due to a statutory bar (like non-registration where required, or insufficient stamping), secondary evidence of its contents cann India Law Library Docid # 2424290
(199) DEV KUMAR AGARWAL AND ANOTHER Vs. ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, AND ANOTHER[BOMBAY HIGH COURT] 12-03-2025 Constitution of India, 1950 — Article 21 — Right to Speedy Trial — Scope and Applicability — The right to a speedy trial is a fundamental right implicit in Article 21 of the Constitution, encompassing all stages of criminal proceedings, including investigation, inquiry, trial, appeal, and revision — An inordinate and unexplained delay at any stage violates this right and may warrant quashing of the proceedings. India Law Library Docid # 2424295
(200) SURAJ Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 12-03-2025 Evidence Act, 1872 — S. 35, S. 74, S. 77 — Registration of Births and Deaths Act, 1969 — S. 12, S. 17 — Juvenile Justice (Care and Protection of Children) Rules, 2007 — R. 12(3) — Proof of Age — Admissibility of Birth Certificate — A birth certificate issued by a competent authority under the Registration of Births and Deaths Act, 1969, based on official records maintained by a public servant in discharge of official duty, is a public document admissible under Sections 74 and 77 of the Evidence India Law Library Docid # 2424306