(221) SMT. MANPREET GILL MAINI AND OTHERS Vs. BALDEEP KAUR SIDDHU AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal against order allowing application under Order 7 Rule 11 CPC — Dismissal of suit by trial court — Appellants seeking partition of property — Contentions regarding territorial jurisdiction, identification of property, non-joinder of parties, and omission of entire claim — High Court reviewing findings on these issues to determine if trial court erred in dismissing the suit prematurely India Law Library Docid # 2428969
(222) SHRI SANJEET MORE AND OTHERS Vs. BHARAT HEAVY ELECTRICALS LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2025 Service Law — Compulsory Retirement — Dispensing with Enquiry — Employee who voluntarily absented himself from service for a prolonged period and was found to be working elsewhere without prior intimation to employer, was compulsorily retired. The employer dispensed with the enquiry under Rule 30 (ii) of B.H.E.L. CDA Rules, 1975, stating that holding an enquiry was not reasonably practicable due to the employee's untraceable status. Court found no error in dispensing with the enquiry, citing India Law Library Docid # 2428970
(223) LALIT KUMAR MEHENDRA @ LALI @ SHIVDASS PATIL Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 20-08-2025 Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bail application — Successive applications — Requirements — A third bail application must demonstrate new circumstances or grounds not previously available and considered by the court in earlier rejections; otherwise, entertaining it would constitute an impermissible review of prior orders. India Law Library Docid # 2432365
(224) DR. ANIL KUMAR GAUTAM Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 20-08-2025 Penal Code, 1860 (IPC) — Section 306 — Abetment of suicide — Ingredients — Essential elements are instigation, conspiracy, or intentional aiding, with the intention to provoke, incite, or encourage the deceased — Mere allegations of harassment without positive acts of instigation or intentional aid are insufficient. India Law Library Docid # 2432366
(225) U.P. PROVINCIAL PALIWAL BRAHMIN ASSOCIATION Vs. SANJAY AGARWAL[UTTARAKHAND HIGH COURT] 20-08-2025 U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 2(bb) — Exemption for public charitable or religious institutions — Burden of proof — Rests on the party claiming exemption — Mere recitals in society's rules or stating objects are insufficient — Actual nature of activities, manner of performance, and beneficiaries must be proved by cogent evidence — Historical documents or those relating to other parts of premises are not sufficient to prove current charitable India Law Library Docid # 2432367
(226) SADANAND MAHATO AND OTHERS Vs. STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 19-08-2025 Service Law — Principles of Natural Justice — Termination of Contractual Employment — Termination of a contractual employee ("Rojgar Sewak" under MNREGA Scheme) on the sole ground of a pending criminal case under the Jharkhand Excise Act — Held, a termination order based on alleged misconduct, even for a contractual employee, is stigmatic in nature. Such an order cannot be passed without adhering to the Principles of Natural Justice, which requires providing a proper show cause notice and an opp India Law Library Docid # 2428975
(227) ANAND KUMAR NAYAK Vs. THE STATE OF JHARKHAND AND OTHER[JHARKHAND HIGH COURT] 19-08-2025 Constitution of India, 1950 — Articles 14 & 16 — Compassionate Appointment — Right to — Not a fundamental right, but governed by state policy and eligibility criteria prevalent on the date of consideration. India Law Library Docid # 2432129
(228) ATUL SHARMA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 19-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of process — Applicants sought quashing of orders refusing discharge, as well as entire criminal proceedings — Proceedings arose from alleged misuse of official processes and connivance in obtaining approvals by suppressing material facts and submitting false representations under IPC Sections 166, 167, 218, India Law Library Docid # 2432415
(229) JAWAHAR LAL AGARWAL Vs. HARISH SINGH KALAKOTI & ANOTHER[UTTARAKHAND HIGH COURT] 19-08-2025 Motor Vehicles Act, 1988 — Section 149(2)(a)(ii) — Insurance liability for accident — Fake driving licence — Insurer's defence limited to fundamental and wilful breach by the insured — Mere absence or invalidity of a driving licence does not automatically absolve the insurer of liability — Insurer must prove that the owner-insured knew about the fake licence or acted with gross negligence in hiring the driver India Law Library Docid # 2432416
(230) STATE OF UTTARAKHAND Vs. JANKI PRASAD[UTTARAKHAND HIGH COURT] 18-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378(3) — Appeal from an order of acquittal — Leave to appeal — High Court's discretionary power to grant leave to appeal against an acquittal — This discretion must be exercised judiciously and based on settled principles — Leave should only be granted if the trial court's view is manifestly unreasonable, legally erroneous, or based on perverse appreciation India Law Library Docid # 2432417
(231) BHUWAN PRAKASH TIWARI Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 18-08-2025 Disciplinary Proceedings — Dereliction of duty and acting against State interest — Penalty of reduction to a lower grade imposed on Office Superintendent/Reader — Challenge to punishment order in writ petition dismissed — Special appeal against dismissal of writ petition also dismissed. India Law Library Docid # 2432418
(232) RECKITT BENCKISER (INDIA) PRIVATE LIMITED Vs. SAUSS HOME PRODUCTS PRIVATE LIMITED[DELHI HIGH COURT] 14-08-2025 Trademarks Act, 1999 — Copyright Act, 1957 — Passing Off — Interim injunction — Plaintiff sought injunction against defendant for alleged trademark infringement and passing off of a bird device mark — Plaintiff claimed prior use and registration since 1942/1998 — Defendant claimed prior use since 1976 — Comparison showed nearly identical marks used for identical goods (laundry and India Law Library Docid # 2428872
(233) IDBI BANK LTD Vs. P D GUPTA AND COMPANY[DELHI HIGH COURT] 14-08-2025 Companies Act, 1956 — Section 483 — Appeal against order directing refund of amount — Respondent paid Rs. 1 Crore towards One Time Settlement (OTS) proposal — OTS not finalized due to failure of potential buyer and subsequent dispute over land ownership — Respondent sought refund of deposited amount with interest — Appellant bank claimed the amount was appropriated towards dues of another India Law Library Docid # 2428873
(234) PAWAN Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 14-08-2025 Penal Code, 1860 (IPC) — Sections 342, 365, 506, 376 — Protection of Children from Sexual Offences Act, 2012 — Sections 4, 6 — Appeal against conviction for offences including rape and under POCSO Act — Child victim testimony assessed for reliability in light of attending circumstances — Minor variations in timeline and reasons for going to grandmother's house by child victim, a 13-year-old, are India Law Library Docid # 2428874
(235) TPF ENGINEERING PVT LTD AND ANOTHER Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND ANOTHER[DELHI HIGH COURT] 14-08-2025 Administrative Law — Principles of Natural Justice — Debarment of allied firms — While debarment of a firm has severe consequences, the principle of natural justice, particularly the right to a hearing, is flexible and depends on case specifics — No prejudice is caused if a hearing would not alter the outcome or if facts are undisputed — Following the debarment of a sister concern, an opportunity of hearing for the allied firm is not always mandatory if it would be an empty formality, but such India Law Library Docid # 2428875
(236) RAKESH YADAV Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 14-08-2025 Criminal Procedure, 1973 (CrPC) — Section 439 — Bail Application — Grant of bail — Considerations include stage of trial, eyewitnesses turning hostile, parity with co-accused, and duration of custody — Court should not delve into witness credibility or trial progression details in bail matters. (Paras 13, 20) India Law Library Docid # 2428876
(237) RAVINDER @ KALU Vs. THE STATE NCT OF DELHI[DELHI HIGH COURT] 14-08-2025 Penal Code, 1860 (IPC) — Sections 328/324/376D/34 — Protection of Children from Sexual Offences Act, 2012 — Section 6 — Conviction for offences under Sections 328/324/376D/34 of IPC and Section 6 of POCSO Act. Appeal against conviction and sentence. Issue of prosecutrix’s age at the time of the incident is central. Trial Court relied on school admission register. Held, school transfer certificate and admission register extracts are insufficient to determine age as per Section 94(2)(i) of JJ Act. India Law Library Docid # 2428877
(238) SRSC INFRA PVT. LTD. Vs. UNION OF INDIA[DELHI HIGH COURT] 14-08-2025 Contract Law — Letter of Award (LOA) — Withdrawal of LOA — Debarment Order — Communication of Debarment Order — Withdrawal of LOA was based on a debarment order that was never communicated to the petitioner, violating principles of natural justice and fair procedure. India Law Library Docid # 2428878
(239) SARITA GUPTA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 14-08-2025 Constitution of India, 1950 — Article 14 — Equal Protection and Prohibition of Discrimination — Reservation — Domicile Requirement — Where a State makes a reservation for its residents, but then knowingly appoints a candidate from outside the State without questioning their domicile at the time of appointment, promotion, and confirmation, it can be deemed to have waived that condition. Allowing the State to later revoke the appointment based on the same condition constitutes arbitrary action India Law Library Docid # 2432419
(240) UNITED INDIA INSURANCE CO. LTD. Vs. SMT. YASHWANTI DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 14-08-2025 Motor Vehicles Act, 1988 — Section 147 — Liability of insurer — Policy commencement time — Accident occurred at 8:30 AM, policy issued at 10:35 AM same day — Insurance policy effective from date and time mentioned therein, not from an earlier point — Tribunal erred in relying on witness statement over documentary evidence of policy commencement — Claimants not entitled to compensation from India Law Library Docid # 2432420