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(21) TEJARAM Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 26-03-2025
Prevention of Corruption Act, 1988 (as amended by Act 16 of 2018) — Section 17A — Requirement of Prior Approval for Investigation — Stage of Challenge — Framing of Charge — The requirement under Section 17A of the Prevention of Corruption Act, 1988, for obtaining previous approval from the competent authority before conducting any enquiry, inquiry, or investigation into an offence alleged against a public servant relatable to official functions or duties, while mandatory for initiating such acti
India Law Library Docid # 2424166

(22) M/S HOTLINE FASHION INDIA PVT. LTD. Vs. M/S SENTINEL CONSULTANTS PVT. LTD. AND OTHERS[DELHI HIGH COURT] 25-03-2025
Civil Procedure Code, 1908 (CPC) — Order 21 Rule 97, Section 151 — Execution of Decree — Objections by Third Party — Resistance to Possession — Independent Right and Title Claim — Execution First Appeal preferred by appellant-objector challenging Executing Court's order dated 08.07.2023, dismissing its application under Order XXI Rule 97 CPC resisting execution of a specific performance decree concerning basement property No. A-249, Defence Colony, New Delhi.
India Law Library Docid # 2423968

(23) SURESH KUMARI Vs. REGISTRAR OF COMPANIES AND OTHERS[DELHI HIGH COURT] 25-03-2025
Insolvency and Bankruptcy Code, 2016 — Section 18 — Assets of Corporate Debtor — Property Law — Real Estate Project — Rights of Homebuyers — Where a National Company Law Tribunal, in a decision subsequently revived and upheld by the Supreme Court, conclusively determined that a Corporate Debtor involved in a real estate project acted merely as a contractor and possessed no right, title, or interest in the project land or the units constructed thereon, with ownersh
India Law Library Docid # 2423969

(24) POOJA KAUSHIK Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 25-03-2025
Criminal Procedure Code, 1973 — Sections 439(2) and 482 — Cancellation of Bail — Supervening Circumstances — Effect of Passage of Time and Interim Protection — Cancellation of bail requires very cogent and overwhelming supervening circumstances demonstrating misuse of liberty, interference with justice, or other factors rendering the accused's continued freedom detrimental to a fair trial — It
India Law Library Docid # 2424013

(25) S.K. JOSHI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025
Constitution of India — Article 226 — Departmental Inquiry — Quashing of Chargesheet — Misinterpretation of Court Order — Where a chargesheet alleges dereliction of duty against an official based on the premise that an adverse ex-parte order was passed against the State due to his inaction, but a perusal of the said High Court order reveals it merely directed consideration of a representation without granting substantive relief, the charges are founded on a misreading or misinterpretation of the
India Law Library Docid # 2424140

(26) HIRALAL SHRI KANHAIYALAL YADAV (DECEASED) THROUGH LRS. SMT. PREMLATA AND OTHERS Vs. SMT. GYARSIBAIAND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025
Civil Procedure Code, 1908 — Order 22 Rule 3 — Limitation Act, 1963 — Section 5 — Substitution of Legal Heirs — Condonation of Delay — Formal Application Necessity — The dismissal of an application under Order 22 Rule 3 CPC for bringing legal heirs on record solely on the ground that it was filed beyond the limitation period and was not accompanied by a formal application for condonation of delay under Section 5 of the Limitation Act, is erroneous — Following the principle laid down in State of
India Law Library Docid # 2424141

(27) DY. GENERAL SECRETARY Vs. DY. GENERAL MANAGER[MADHYA PRADESH HIGH COURT] 25-03-2025
Industrial Law — Voluntary Cessation of Employment — Bipartite Settlement — Proof of Notice Service — Where a Bipartite Settlement clause permits deeming an employee to have voluntarily ceased employment upon failure to report for duty within 30 days of a notice, the onus lies strictly on the employer (management) to prove that such notice was validly issued and served upon the employee at their last known address — Mere existence of the notice on record without proof of dispatch by registered p
India Law Library Docid # 2424142

(28) SHALIGRAM Vs. AJAY[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope of Interference — Concurrent Findings of Fact — In a second appeal under Section 100 CPC, the High Court's jurisdiction is confined to substantial questions of law — Concurrent findings of fact recorded by the Trial Court and the First Appellate Court, based on appreciation of oral and documentary evidence (including registered sale deed Ex.P/1 and
India Law Library Docid # 2424143

(29) SHRINARAYAN OJHA Vs. UNION OF INDIA THROUGH MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025
Service Law — Disciplinary Proceedings — Natural Justice — Denial of Reasonable Opportunity — Where a departmental enquiry is conducted in violation of principles of natural justice, demonstrated by factors such as an incomplete charge sheet (lacking essential lists of documents/witnesses), non-supply of relied-upon or requested documents, recording evidence behind the delinquent employee's back, and denial of effective opportunity
India Law Library Docid # 2424144

(30) TAKHAT SINGH AND OTHERS Vs. EXECUTIVE ENGINEER AND OTHERS[MADHYA PRADESH HIGH COURT] 25-03-2025
Land Acquisition Act, 1894 — Sections 18, 19 & 26 — Code of Civil Procedure, 1908 — Order 7 Rule 11(d) — Reference Proceedings — Limitation — Once the Collector makes a reference under Section 18 of the Land Acquisition Act, 1894, the Reference Court is mandatorily required under Section 26 to pass an award determining the objections — The Court cannot dismiss the reference application under Order VII Rule 11(d) CPC on the ground of limitation, even if raised by the respondent/State — The questi
India Law Library Docid # 2424145

(31) SMT. POONAM Vs. DULE SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025
M.P. Municipalities Act, 1961 — Section 20(2)(b)(i) — An objection regarding the locus standi of an election petitioner, based on their status as a voter of the concerned ward, requires specific pleading in the written statement and potentially the framing of an issue by the trial court; failure by the returned candidate to do so or to enter the witness box to substantiate the claim weakens the objection, especially when the election petitioner provides documentary proof of being a registered vo
India Law Library Docid # 2424146

(32) KISHAWAR SINGH Vs. LAW AND LEGISLATIVE AFFAIRS DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025
Service Law — Appointment — Regularization — Temporary/Contractual Election Work — Claim for regular appointment based on past temporary/contractual service as Assistant Grade-3 rendered during election periods — Petitioner appointed for short durations in 2003 and later in 2014 on a contractual basis for election duties
India Law Library Docid # 2424147

(33) RAKESH AND ANOTHER Vs. THE PUBLIC, AT GENERAL AND OTHER[RAJASTHAN HIGH COURT] 25-03-2025
Succession Act, 1925 — Sections 372, 373, 387 — Succession Certificate — Nature and Scope of Proceedings — Determination of Title — Proceedings under Section 372, read with Section 373, for the grant of a succession certificate are summary in nature, primarily aimed at facilitating the collection of debts due to the deceased and protecting debtors who make payments to the certificate holder — Such proceedings do not conclusively determine the title or adjudicate the substantive rights of the app
India Law Library Docid # 2424169

(34) DR. RICHA SHARMA Vs. DR. M.K. SEXENA[HIMACHAL PRADESH HIGH COURT] 24-03-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of a written statement after the commencement of trial is permissible only if the party seeking amendment demonstrates due diligence and provides sufficient reasons for the omission in the original pleading — High Court dismissed a petition challenging the trial court's order that rejected the petitioner-defendant's application for amendment of the written statement filed after the commencement of evidence, finding that the petitioner fail
India Law Library Docid # 2423792

(35) ROHIT MAHAJAN AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 24-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Penal Code, 1860 (IPC) — Sections 498-A, 504, and 506 read with 34 — While general and vague allegations in FIRs arising from matrimonial disputes may warrant quashing to prevent abuse of process, FIRs containing specific details of alleged harassment, corroborated by evidence, are maintainable and should proceed to trial — High Court dismissed a petition seeking to quash an FIR and consequential proceedings related to allegations o
India Law Library Docid # 2423793

(36) SEWA SINGH AND OTHERS Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 24-03-2025
Penal Code, 1860 (IPC) — Sections 279, 201, 323 and 506 read with Section 34 — In a revision against conviction, High Court has a limited scope to correct patent defects or errors of law, and in an appeal against acquittal, the appellate court must not reverse the trial court's judgment unless the trial court's view is perverse, particularly concerning the identification of previously unknown accused, which requires corroboration beyond a dock identification — High Court allowed a criminal revis
India Law Library Docid # 2423794

(37) PRADEEP SYNGHAL Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Constitution of India — Article 226 — Judicial Review — Disciplinary Proceedings against Judicial Officer — Scope of Interference — The scope of judicial review under Article 226 in matters of disciplinary inquiries against public servants, including judicial officers, is circumscribed — The Court does not act as an appellate authority and cannot re-appreciate evidence or substitute its own findings for that of the disciplinary authority — Interference is warranted only on limited grounds such a
India Law Library Docid # 2423958

(38) STATE OF PUNJAB Vs. DHARMINDER SINGH ETC.[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 41(2), 42 and 43 — Search and Seizure — Private Vehicle vs. Public Conveyance in Transit/Public Place — Applicability — Section 43 applies to search and seizure in a 'public place' or 'in transit', and its Explanation clarifies 'public place' includes 'public conveyance' — Section 42 applies to search of any building, conveyance or enclosed place based on prior information — A harmonious construction, following State of Rajasthan v.
India Law Library Docid # 2423959

(39) M/S CIVIC ENGINEERS (INDIA) Vs. SURENDER L. MEENA[DELHI HIGH COURT] 24-03-2025
Contempt of Courts Act, 1971 — Sections 11 and 12 — Civil Contempt — Wilful Disobedience of Court Order — DDA Official — Respondent found in deliberate and wilful disobedience of High Court's directions dated 31.05.2022 — Directions required conversion of petitioner's property from leasehold to freehold within three months, based on respondent/DDA's counsel's statement acknowledging eligibility under DDA Circular dated
India Law Library Docid # 2423970

(40) MS. RUCHI KALRA AND OTHERS Vs. SLOWFORM MEDIA PVT. LTD. AND OTHERS[DELHI HIGH COURT] 24-03-2025
Defamation Law / Internet Law / Civil Procedure Code, 1908 — Order 7 Rule 11 / Limitation Act, 1963 — Article 75 — Republication via Hyperlinking — Cause of Action — Limitation — A hyperlink embedded within a later online publication, which points to an earlier allegedly defamatory article, constitutes 'republication' of the earlier article if the hyperlink is used not merely as a neutral reference but in a manner and context that repeats, endorses, strategically positions, or amplifies the defa
India Law Library Docid # 2424014