(561) VIKRAM ALIAS BUDDHU LAL Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 08-04-2025 M.P. Rajya Suraksha Adhiniyam, 1990 — Sections 5(a), 5(b), 6, 8 — Externment Order — Grounds for Judicial Review under Article 226 — The limited scope of judicial review by the High Court under Article 226 of the Constitution against an externment order passed under the M.P. Rajya Suraksha Adhiniyam, 1990 — Interference is warranted primarily if the District Magistrate failed to follow the procedure under Section 8(1), or if there was no material for passing the order, or if there was no formati India Law Library Docid # 2425515
(562) HAYAT TAVIL SHAHI Vs. SMT. SUMMAIYA KHATOON[CHHATTISGARH HIGH COURT] 08-04-2025 Family Courts Act, 1984 — Section 19(4) — Criminal Procedure Code, 1973 — Sections 397 and 401 — Revision — Maintainability against maintenance order. (Para 1) India Law Library Docid # 2425680
(563) M/S KAPIL KUMAR KHATTAR THROUGH ITS PARTNER SUNIL KHATTAR Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 08-04-2025 Review Petition — Scope of — Prerequisites for exercise of review jurisdiction — Absence of error apparent on the face of record, discovery of new fact, or other sufficient reason to recall well-considered judgment — When review petition can be contested on grounds previously decided and covered by earlier judgments India Law Library Docid # 2425795
(564) TAJINDER SINGH ALIAS HAPPY Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 08-04-2025 Jammu and Kashmir Public Safety Act, 1978 — Section 8(1)(a) — Preventive Detention — Challenge to Detention Order — Grounds for Challenge — Absence of Proper Application of Mind — Grounds of Detention Verbatim of Police Dossier — Lack of Subjective Satisfaction Regarding Prejudice to Public Order — Failure to Read Over and Provide Relevant Documents — Absence of Material to Justify Detention — Petitioner’s mother filing the challenge India Law Library Docid # 2425796
(565) SANDEEP KUMAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 08-04-2025 Protection of Children from Sexual Offences Act, 2012 — Section 8 — Determination of age — Admissibility of Evidence — Conviction under Section 8 requires proof of victim being a child — As per the Juvenile Justice (Care and Protection of Children) Act, 2015, preferred evidence for age determination is matriculation or equivalent certificate, or school first India Law Library Docid # 2425941
(566) SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 08-04-2025 Industrial Disputes Act, 1947 — Section 25-F — Termination of services — Compliance with — Workman completing more than 240 days in preceding 12 months — Undisputed fact that petitioner worked from 06.09.2008 to 01.12.2010 and was not served notice under Section 25-F upon termination on 01.12.2010 — Non-compliance with mandatory provision of Section 25-F renders termination illegal India Law Library Docid # 2425942
(567) VINOJ KUMAR SHARMA AND ANOTHER Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-04-2025 Criminal Procedure Code, 1973 — Section 397 — Criminal Revision — Scope of interference — Revisional Court is not an appellate court and cannot re-appreciate evidence like an appellate court — Scope of interference is narrow, confined to rectifying patent defects, errors of jurisdiction, or errors of law — Revisional jurisdiction applicable where decisions are grossly erroneous, non-compliant with law, based on no evidence, ignore material evidence, or involve India Law Library Docid # 2425943
(568) M/S HEMKUNT IRON & STEEL PVT. LTD. Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-04-2025 Himachal Pradesh Tenancy and Land Reforms Act, 1972 — Section 118(1), 118(2)(h), Second Proviso — Transfer of land by non-agriculturist — Prohibition — Sale of land by non-agriculturist, originally purchased with permission under Section 118(2)(h) for industrial purposes, is prohibited without prior State Government permission — Second proviso to Section 118(2)(h) mandates use of land for permitted purpose within two years (extendable) and prohibits transfer without permission — Violation of thi India Law Library Docid # 2425944
(569) STATE OF H.P. Vs. SURESH KUMAR AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-04-2025 Criminal Procedure Code, 1973 — Section 378 — Criminal Appeal — Against judgment of acquittal — Scope of interference — Presumption of innocence — In appeal against acquittal, the appellate court should be slow in interfering with the judgment, especially when the view taken by the First Appellate Court is a plausible view based on the evidence — After acquittal, presumption of innocence at the commencement of trial doubles — High Court in appeal against acquittal will not ordinarily interfere u India Law Library Docid # 2425945
(570) AMITY CO-OPERATIVE HOUSING SOCIETY LTD. THROUGH ITS SECRETARY AND CHAIRMAN AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 08-04-2025 Gujarat Ownership of Flats Act, 1973 — Section 41A — Redevelopment of dilapidated buildings — Essential conditions for attracting Section 41A are building age over twenty-five years from development permission, concerned authority declaration of ruinous condition, and consent of not less than 75% of members — Society decided to redevelop due to dilapidated condition evidenced by municipal notice and photographs, meeting age criteria — India Law Library Docid # 2426033
(571) ARVINDKUMAR GANESHMAL DUGAR AND ANOTHER Vs. KAMALADEVI AND OTHERS[GUJARAT HIGH COURT] 08-04-2025 Civil Procedure Code, 1908 — Section 151 — Order 1, Rule 10 — Order 12, Rules 4 & 5 — Abatement — Substitution of Legal Representatives — Suit challenging Gift Deed filed by deceased — Application by legal heirs to be brought on record whether mandatory or discretionary for Plaintiffs — Trial Court rejecting application of Legal Heirs citing Order 1 Rule 10 instead India Law Library Docid # 2426034
(572) A.R. PETER Vs. SARADA NARAYANAN[KERALA HIGH COURT] 07-04-2025 Civil Procedure Code, 1908 — Order 2 Rule 2 — Suit to Include Whole Claim — Rule mandates including the entire claim arising from a single cause of action in one suit — Omission to sue for one of several reliefs available on the same cause of action, without court leave, bars a subsequent suit for the omitted relief India Law Library Docid # 2424642
(573) BABU M Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 07-04-2025 Constitution of India, 1950 — Article 22(1) — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 47(1) — Right to be Informed of Grounds of Arrest — Every person arrested must be informed of the full particulars or grounds for arrest “as soon as may be” — This is a mandatory constitutional and statutory requirement, violation of which infringes fundamental rights under Articles 21 and 22(1) India Law Library Docid # 2424643
(574) V.T. JINU AND ANOTHER Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 07-04-2025 Criminal Procedure Code, 1973 — Section 197 — Sanction for Prosecution of Public Servants — Sanction is required only if the alleged offence is committed “while acting or purporting to act in the discharge of his official duty” — The act/omission charged must have a reasonable connection with the discharge of duties. India Law Library Docid # 2424644
(575) BHASKAR ROHI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 07-04-2025 Penal Code, 1860 — Section 497 — Adultery — Offence Unconstitutional — Section 497 of the IPC, which criminalized adultery, has been declared unconstitutional by the Supreme Court in Joseph Shine v. Union of India, (2018) 11 S.C.R. 765, as it violated Articles 14, 15, and 21 of the Constitution. Therefore, a conviction recorded under Section 497 IPC after the said judgment (or even for offences committed prior, as the section itself is struck down) is unsustainable in law and liable to be set as India Law Library Docid # 2424717
(576) VASHIST SAINATH Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 07-04-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 482 — Anticipatory Bail — Factors for Consideration — Gravity of Offence and Stage of Investigation — In exercising discretion under Section 482 BNSS (Anticipatory Bail), the Court must consider the nature and gravity of the offences alleged, the stage of the investigation, and the potential impact of granting bail on the ongoing investigation — Anticipatory bail may be declined where serious allegations involving substantial financial mi India Law Library Docid # 2424841
(577) KALLURU NARAYANA REDDY Vs. KALLURU CHENCHUGANDLA JAYA CHANDRA REDDY AND OTHERS[ANDHRA PRADESH HIGH COURT] 07-04-2025 Civil Procedure Code, 1908 (CPC) — Order 26 Rule 9 — Appointment of Advocate Commissioner — Purpose — Elucidating Matter in Dispute vs. Collecting Evidence — Discretion of Court — The power to appoint an Advocate Commissioner for local investigation under Order 26 Rule 9 CPC is discretionary and intended for elucidating matters in dispute where a prima facie case exists and local investigation is deemed proper — Such appointment cannot be used as a means for a party to collect evidence to prove India Law Library Docid # 2424907
(578) S.B. PODDAR Vs. M/S REHABILITATIONS PLANTATION LTD AND OTHERS[DELHI HIGH COURT] 07-04-2025 Civil Procedure Code, 1908 — Section 47 — Executing Court — Power to Go Behind Decree — Nullity — Lack of Jurisdiction — The Executing Court cannot go behind the decree and entertain objections regarding its validity on grounds that could and should have been raised during the trial stage, especially when the decree has attained finality — An objection that the decree is a nullity for lack of inherent jurisdiction (alleging no cause of action pleaded against the judgment debtor) or that it was o India Law Library Docid # 2424940
(579) ANKUR JAIN AND OTHERS Vs. STATE GOVT. OF NCT OF DELHI AND ANOTHER[DELHI HIGH COURT] 07-04-2025 Constitution of India, 1950 — Article 226 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 [Criminal Procedure Code, 1973 — Section 482] — Quashing of FIR — Settlement in Cases Arising from Family/Trust Disputes — Sections 420/468/471 IPC — Where criminal proceedings under Sections 420/468/471 IPC arise out of disputes inter se between parties related through family and involved in the administration of a common trust, and the parties subsequently arrive at a comprehensive, voluntary, an India Law Library Docid # 2424941
(580) MRS. KIRAN SURAN Vs. SH. SATISH KUMAR AND OTHERS[DELHI HIGH COURT] 07-04-2025 Arbitration and Conciliation Act, 1996 — Sections 31(5) & 34(3) — Limitation for Setting Aside Award — Commencement — Receipt of Signed Award — The limitation period prescribed under Section 34(3) for filing an application to set aside an arbitral award commences only from the date on which the party making the application receives a copy of the award signed by the members of the arbitral tribunal, as mandated by Section 31(5). India Law Library Docid # 2424942