(41) TDI INFRATECH LIMITED Vs. GOVERNMENT OF NCT AND ANOTHER[DELHI HIGH COURT] 24-03-2025 Criminal Procedure Code, 1973 — Section 482 — Inherent Powers of High Court — Quashing of FIR — Scope of Interference — High Court's power under S. 482 CrPC is vast but exercisable sparingly to prevent abuse of process or secure ends of justice — In proceedings for quashing, the Court must only ascertain if allegations in the FIR, taken as true and uncontroverted, along with investigation material, prima facie constitute an offence — Court cannot conduct a mini-trial or assess sufficiency of evi India Law Library Docid # 2424015
(42) NITESH SETHI Vs. SHIKHA SETHI[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 24-03-2025 Hindu Marriage Act, 1955 — Applicability — Jain Community — Section 2(1)(b) & Section 2(3) — The provisions of the Hindu Marriage Act, 1955 (HMA) are expressly applicable to persons who are Jain by religion — Section 2(1)(b) of the HMA specifically extends the Act to any person who is a Buddhist, Jain, or Sikh by religion — Furthermore, Section 2(3) mandates that the expression "Hindu" in any portion of the Act shall be construed to include persons to whom the Act applies by virtue of Section 2, India Law Library Docid # 2424148
(43) NIRBHAY SINGH Vs. SUMAT PRAKASH JAIN AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 24-03-2025 Code of Criminal Procedure, 1973 — Section 146 — Attachment Order — Emergency — Justification based on Conduct — An order of attachment under S. 146 CrPC based on emergency is justified where the conduct of one party (applicant/vendor), subsequent to selling the property and purportedly delivering possession via sale deeds, involves creating disturbances (rukus), attempting to prevent harvesting by purchasers, escalating the situation to the point of threatening self-immolation (leading to arres India Law Library Docid # 2424149
(44) PRAVEEN KUMAR TIWARI Vs. THE STATE OF M.P.[MADHYA PRADESH HIGH COURT] 24-03-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 60 & 63 — Code of Criminal Procedure, 1973 (CrPC) — Sections 451 & 457 Interim Custody (Supurdagi) of Vehicle — The mere fact that a vehicle seized under the NDPS Act is liable to confiscation under Section 60 of the Act does not operate as an absolute bar to its release on interim custody (supurdagi) under Sections 451/457 of the CrPC [S. 503 BNSS] pending conclusion of the trial. India Law Library Docid # 2424150
(45) STATE OF H.P. AND OTHERS Vs. M/S. INDORAMA INDIA PVT. LTD. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 22-03-2025 Review Petition — A review petition is not an appeal and is maintainable only for errors apparent on the face of the record or discovery of new evidence — High Court dismissed a review petition filed by the State seeking review of a judgment regarding the necessity of a fresh instrument for the transfer of leasehold rights upon sanction of a Scheme of Arrangement by the NCLT, holding that the grounds raised did not constitute an error apparent on the face of the record, especially given that the India Law Library Docid # 2423795
(46) KAMAL AANJNA Vs. NIRBHAY SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-03-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal for Enhancement — Permanent Disability — Appeal preferred by the claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal for grievous injuries including multiple fractures (femur, nasal bone, ankle, radius) and head injury sustained in a motor accident, leading to permanent disability. India Law Library Docid # 2424151
(47) HARPREET SINGH AND OTHERS Vs. KAVITA CHAUDHARY[HIMACHAL PRADESH HIGH COURT] 21-03-2025 Penal Code, 1860 (IPC) — Sections 452, 511, 503, 504, 350, 34 and 211 — Criminal Procedure Code, 1973 (CrPC) — Section 204(2) — The requirement of filing a list of prosecution witnesses under Section 204(2) of the Cr.P.C. is generally directory, and the absence of such a list does not automatically vitiate the summoning order unless a failure of justice has occurred — High Court dismissed a petition seeking to quash criminal proceedings initiated upon a complaint, holding that the learned Magist India Law Library Docid # 2423796
(48) AMIT CHOPRA AND OTHERS Vs. JITENDER KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 21-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Fatal Accident — Enhancement — Deceased aged 44 ½ years, Permanent Employee (Bank Clerk-cum-Cashier) — Tribunal applied correct multiplier (14) but erred in deducting 1/3rd instead of 1/4th for personal expenses (implicitly assuming 4-6 dependents) and failed to award future prospects & adequate conventional heads — Held, applying principles from Sarla Verma India Law Library Docid # 2423956
(49) KAMALJIT KAUR AND OTHERS Vs. NARINDERJIT SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 21-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Fatal Accident — Enhancement — Deceased aged 52 years, Permanent Employee (JBT Teacher) — Tribunal applied incorrect multiplier (6 instead of 11) and incorrect deduction for personal expenses (1/3rd instead of 1/4th) — Failed to award future prospects and adequate conventional heads — Held, applying principles laid down in Sarla Verma (2009) and Pranay Sethi (2017), correct multiplier is 11; deduction for personal expenses is 1/4th; future India Law Library Docid # 2423957
(50) SHAKUNTALA AND OTHERS Vs. MURTI DEVI AND OTHERS[DELHI HIGH COURT] 21-03-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 and 2, Section 104, Order 43 Rule 1 — Temporary Injunction — Trinity Test — Necessity of Reasoning — Grant of temporary injunction requires the court to satisfy the well-established 'trinity test' — An impugned order granting injunction restraining defendants from construction and alienation, which lacks reasoning on how the plaintiffs established a prima facie case regarding their India Law Library Docid # 2423971
(51) NARINDER KUMAR Vs. USHA RANI TUTEJA AND OTHERS[DELHI HIGH COURT] 21-03-2025 Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Probate Proceedings — Proof of Will — Suspicious Circumstances — Onus on Propounder — The propounder seeking probate bears the onus of proving due execution of the Will as per S. 63 of the Succession Act and S. 68 of the Evidence Act — Crucially, the propounder must dispel all legitimate suspicious circumstances surrounding the execution to the satisfaction of the court's conscience — Failure to remove such doubts India Law Library Docid # 2423972
(52) SHRI VIKRAMBHAI PATEL Vs. M/S PRAVEEN GROUP OF CONSTRUCTIONS[MADHYA PRADESH HIGH COURT] 21-03-2025 Code of Criminal Procedure, 1973 — Section 482 — Maintainability — Second Petition — A subsequent petition under Section 482 CrPC challenging an order is not maintainable if the same ground was raised or available to be raised in a prior petition under Section 482 CrPC which was dismissed as withdrawn/not pressed — Permitting successive petitions on grounds available earlier constitutes an abuse of process, preventing parties from raising pleas in instalments. (Bhisham Lal Verma; Vinod Kumar, IA India Law Library Docid # 2424152
(53) NAVNEET SHAH Vs. MOOL CHAND AND OTHERS[RAJASTHAN HIGH COURT] 21-03-2025 Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting Aside Ex Parte Decree — Irregularity in Service vs. Knowledge of Proceedings — An ex parte decree cannot be set aside solely on the ground of irregularity in the service of summons if the Court is convinced, based on material on record, that the defendant had knowledge of the suit proceedings and could have appeared — Even if the applicant under Order 9 Rule 13 establishes some irregularity in service, the application is liable to be dismiss India Law Library Docid # 2424153
(54) ABHIJEET BENIWAL Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT] 21-03-2025 Passports Act, 1967 — Sections 6(2)(f), 10, 22 — Passports Rules, 1980 — Rule 12 — Passport Renewal — Pendency of Criminal Case — Gazette Notification G.S.R. 570(E) — The mere pendency of a criminal case does not automatically restrict the issuance or renewal of a passport to a period less than the standard 10 years prescribed by Rule 12. Gazette Notification G.S.R. 570(E) dated 25.08.1993, which permits shorter validity contingent on court orders, does not override the India Law Library Docid # 2424164
(55) STATE OF J&K Vs. KHURSHID AHMAD NAQEEB[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 20-03-2025 Constitution of India, 1950 — Article 31(1) and 14 — Defined Pension Rules, 2014 — A cut-off date in a government order introducing pension benefits for a previously non-pensionable entity is not arbitrary or discriminatory simply because it creates two classes of retirees (before and after the date), provided the classification has a reasonable basis and is not capricious or whimsical, especially when implementing a new policy with financial implications — The Division Bench allowed an appeal a India Law Library Docid # 2423786
(56) STATE OF J&K Vs. SAYED SHABIR BUKHARI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 20-03-2025 Criminal Procedure Code, 1973 — Sections 161, 272 (1), 342 and 512 — Ranbir Penal Code — Sections 302, 307, 120B, 380, 121 and 124-A — Arms Act, 1959 — Sections 7 and 27 — An appellate court in a criminal acquittal appeal has a circumscribed jurisdiction and will not easily overturn an acquittal unless the trial court’s view is perverse or unsustainable — In cases of circumstantial evidence, a complete and unbroken chain proving guilt is necessary — The Division Bench dismissed a State appeal ag India Law Library Docid # 2423785
(57) MENARUL SHEKH AND OTHERS Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 20-03-2025 National Investigation Agency Act, 2008 — Section 21(4) — Explosive Substance Act, 1908 — Sections 3 and 4 — Bail can be granted in cases under the Explosive Substance Act when there is no recovery of explosive substances and the accused have been in custody for a significant period, especially when charges have been framed — The High Court allowed a criminal appeal and granted bail to five appellants accused under the BNS, Arms Act, and Explosive Substance Act — The court noted the absence of r India Law Library Docid # 2423833
(58) SANDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Himachal Pradesh Financial Rules, 2009 — An employee who was denied regularization due to a pending criminal case but is subsequently acquitted is entitled to regularization from the date of their initial eligibility with all consequential benefits — High Court allowed a writ petition directing the State to regularize the services of a Patwari, who was initially appointed on a contract basis in 2011, with effect from 01.10.2016 (the date he completed five years of service as per the regularizati India Law Library Docid # 2423797
(59) PAWAN KUMAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Drugs and Cosmetics Act, 1940 — Sections 18(c) and 18-A — The revisional court has a limited scope of interference, primarily to rectify patent defects, errors of jurisdiction, or law, and cannot act as an appellate court — Furthermore, deciding a criminal case against a convicted person in the absence of their counsel, especially when legal aid is available, is not fair or just — High Court dismissed a criminal revision petition against the concurrent conviction under the Drugs and Cosmetics Ac India Law Library Docid # 2423798
(60) BHIMA RAM Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Service Law — A Class-IV Government servant appointed on a part-time/daily wage basis prior to 10.05.2001 and regularized on or after 10.05.2001 shall retire at the age of 60 years — Additionally, even after granting the benefit of one year of regular service for every five years of daily wage service, the employee should have completed 10 years of qualifying service for pension — High Court dismissed a writ petition filed by a Class-IV government servant initially engaged on a daily wage basis India Law Library Docid # 2423799