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(621) X Vs. STATE AND ANOTHER[DELHI HIGH COURT] 04-03-2025
Protection of Children from Sexual Offences Act, 2012 — Section 8 — Penal Code, 1860 (IPC) — Section 354 — In cases of sexual offences, while the sole testimony of the prosecutrix can form the basis of conviction under the POCSO Act and the IPC, courts must carefully assess its credibility and look for corroboration if it does not inspire confidence, as per precedents like Sadashiv Ramrao Hadbe v. State of Maharashtra — The High Court dismissed a criminal appeal against a trial court's acquittal
India Law Library Docid # 2424033

(622) RAKESH SHARMA @ RAKESH AND OTHERS Vs. ASHOK AND OTHERS[DELHI HIGH COURT] 04-03-2025
Motor Vehicles Act, 1988 — Section 173 — Enhancement of Compensation — For determining compensation in motor accident claims involving the death of a minor under the Section 173, the notional income should be assessed based on the minimum wages payable to a skilled worker, with additions for future prospects as per National Insurance Company Limited vs. Pranay Sethi & Ors., especially after the deletion of the Second Schedule of the Act — The High Court allowed an appeal seeking enhancement of c
India Law Library Docid # 2424034

(623) DR SHASHI BHUSHAN Vs. UNIVERSITY OF DELHI AND ANOTHER[DELHI HIGH COURT] 04-03-2025
University of Delhi — Ordinance XI — A candidate on a waitlist for a public employment has no indefeasible right to appointment when a selected candidate joins and subsequently resigns, as the resignation creates a fresh vacancy that generally requires a fresh advertisement and selection process — The High Court dismissed a Letters Patent Appeal against a Single Judge's order that had refused to direct the University of Delhi to appoint the appellant, a waitlisted candidate, to an Assistant Prof
India Law Library Docid # 2424035

(624) GOKUL SINGH MANDOT Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-03-2025
Service Law — Departmental Enquiry vs. Criminal Trial — Effect of Acquittal — Where departmental proceedings and a criminal trial are based on the same set of facts, involving identical or substantially similar allegations and evidence, an acquittal in the criminal trial, particularly one based on merits where the prosecution evidence (including the testimony of the complainant/victim) is found untrustworthy or disbelieved, carries significant weight — In such circumstances, upholding a finding
India Law Library Docid # 2424082

(625) NEHA LOKRE Vs. INDORE MUNICIPAL CORPORAITON AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-03-2025
Administrative Law — Delegation of Powers — Effect of Order Passed by Delegatee — When a statutory authority (the Municipal Commissioner) delegates its power to a subordinate officer (the Building Officer) pursuant to a provision enabling such delegation, the order passed by the subordinate officer in exercise of that delegated power is, in law, deemed to be the order of the delegating authority itself — The delegatee acts for the delegator, and the power exercised remains that of the delegator.
India Law Library Docid # 2424083

(626) DR. NIRANJAN SHARMA Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-03-2025
Administrative Law — Service Law — Recruitment — “Change of Rules of the Game” — Distinction between Eligibility Criteria and Selection Procedure/Methodology — The principle prohibiting the “change of rules of the game” primarily applies to altering fundamental eligibility criteria after the commencement of the recruitment process — Modifying the procedure or methodology for selection or shortlisting, especially to address unforeseen practical difficulties and ensure fairness, may be
India Law Library Docid # 2424084

(627) ORIENTAL INSURANCE CO LTD. Vs. SMT. SUSHILA AND OTHERS[DELHI HIGH COURT] 04-03-2025
Motor Vehicles Act, 1988 — Section 173 — Compensation for the death of a minor in a motor accident should be calculated based on the minimum wages of a skilled person at the time of the accident, with additions for future prospects as per National Insurance Company Limited v. Pranay Sethi & Ors., and a relevant multiplier — The High Court allowed an appeal by an insurance company in a motor accident claim concerning the death of an 11-year-old, modifying the compensation awarded by the Tribunal
India Law Library Docid # 2424088

(628) RADICO KHAITAN LIMITED Vs. HARISH CHOUHAN[DELHI HIGH COURT] 04-03-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) — An arbitration clause contained in an invoice unilaterally issued by one party can constitute a valid arbitration agreement, if the conduct of the parties demonstrates an intention to be governed by it, such as accepting goods and making payments — The High Court allowed a petition under Section 11(6), for the appointment of a sole arbitrator — The court held that the arbitration clause printed on the invoices issued by the petitioner was
India Law Library Docid # 2424089

(629) GIRIRAJ PUGALIA Vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, INCOME TAX DEPARTMENT, BIKANER[RAJASTHAN HIGH COURT] 04-03-2025
Income Tax Act, 1961 — Section 153C — Assessment of Income of Any Other Person — Satisfaction based on Seized Material — Electronic Records & Corroboration — For initiating proceedings under Section 153C against a person other than the searched person (‘other person’), the Assessing Officer must be satisfied that any books of account, documents, or assets seized or requisitioned pertain to, or contain information relating to, such ‘other person’ which has a bearing on their total income — Inform
India Law Library Docid # 2424175

(630) SANJAY KUMAR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 04-03-2025
Service Law — Recruitment — Eligibility — Educational Qualification — Cut-off Date — The requirement for a candidate to possess the requisite educational qualification for a post must be satisfied by the cut-off date specified in the relevant service rules or, in their absence, the date specified in the recruitment advertisement — Where the advertisement explicitly stipulates a cut-off date, candidates who acquire the qualification after this date are ineligible for consideration, unless the rul
India Law Library Docid # 2424160

(631) VISHAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 04-03-2025
Criminal Procedure Code, 1973 — Section 439 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — Bail — Right to Speedy Trial — The fundamental right to a speedy trial, implicit in Article 21 of the Constitution, weighs significantly in bail considerations, even under statutes with stringent conditions like the NDPS Act — Protracted pre-trial detention resulting from trial
India Law Library Docid # 2424163

(632) SHYAMSUNDER Vs. BHAGWATILAL AND OTHERS[RAJASTHAN HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Order21 — Execution of Decree — Construction by Executing Court — Reference to Judgment and Pleadings — An executing court, while precluded from going behind the decree, possesses the jurisdiction and duty to ascertain the true effect and meaning of the decree — For the purpose of construing the terms used in the decree, the executing court can, and in appropriate cases should, refer to the judgment, pleadings, and proceedings leading up to the decree — An objection
India Law Library Docid # 2424184

(633) BHAVAL SYNTHETICS (INDIA) LTD. Vs. ASSISTANT COMMISSIONER OF INCOME TAX (ACIT) AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-03-2025
Income Tax Act, 1961 — Section 147, Proviso & Section 148 — Reassessment — Limitation — Assessment completed under Section 143(3) — Notice issued after expiry of four years — Applicability of Exception — The limitation period of four years from the end of the relevant assessment year for initiating reassessment under Section 148, as provided in the first proviso to Section 147 (applicable where assessment was previously made under Section 143(3)), does not apply if income chargeable to tax has e
India Law Library Docid # 2424257

(634) CHANDRABHAN JANARDHAN YADAV AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 04-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — Bail in Commercial Quantity Cases — Twin Conditions and Procedural Compliance — While Section 37 of the NDPS Act imposes stringent twin conditions (reasonable grounds to believe accused is not guilty and unlikely to re-offend) for granting bail in cases involving commercial quantities, negating bail as the rule, this does not absolve the investigating agency from strictly complying with the mandatory procedures prescribed under
India Law Library Docid # 2424294

(635) RAHUL BABANRAO BHAD Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 04-03-2025
Evidence Act, 1872 — S. 3, S. 101 — Appreciation of Evidence — Eyewitness Testimony — Reliability — Testimony of a sole alleged eyewitness (PW5) found unreliable and lacking confidence due to
India Law Library Docid # 2424305

(636) SRI B C PRASAD AND OTHERS Vs. THE DISTRICT REGISTRAR AND DEPUTY COMMISSIONER OF STAMPS GANDHINAGAR REGISTRATION DISTRICT AND OTHERS[KARNATAKA HIGH COURT] 04-03-2025
Karnataka Stamp Act, 1957 — Section 46A(1) — Recovery of Stamp Duty Not Levied or Short Levied — Limitation Period for Initiating Proceedings — Section 46A(1) of the Karnataka Stamp Act, 1957, prescribes a limitation period for initiating proceedings (by serving a show cause notice) to recover stamp duty that was not levied or was short levied on an instrument — Under normal circumstances, such proceedings must be initiated within five years from the date the duty became payable
India Law Library Docid # 2424347

(637) B.R. ACHARYA Vs. A. ANIL KUMAR PAI[KARNATAKA HIGH COURT] 04-03-2025
Securities and Exchange Board of India Act, 1992 (SEBI Act) — Sections 12(1), 15F, 26 — Penal Code, 1860 — Sections 409, 420 — Applicability of SEBI Act vs. IPC — Unregistered/Unlicensed Person — The provisions of the SEBI Act, particularly those imposing penalties on stock brokers (Section 15F) and governing cognizance of offences under the Act (Section 26, requiring a complaint by the Board), apply primarily to persons registered under Section 12(1) of the Act (stock brokers, sub-brokers, inte
India Law Library Docid # 2424351

(638) KARTIK RADIA Vs. M/S. BDO INDIA LLP AND ANOTHER[BOMBAY HIGH COURT] 04-03-2025
Limited Liability Partnership Act, 2008 — Sections 2(1)(o), 23(1), 23(4), First Schedule (Items 1 & 14) — Arbitration and Conciliation Act, 1996 — Section 11 — Arbitration Agreement in LLP Agreement — LLP as Party — Privity — Purposive Interpretation — An arbitration agreement contained within a Limited Liability Partnership (LLP) Agreement, executed by the partners inter se, can cover disputes involving the LLP itself, even if the LLP is not formally a signatory to the agreement — An LLP is int
India Law Library Docid # 2424365

(639) THE MANAGEMENT OF BHARAT EARTH MOVERS LTD. Vs. THE GENERAL SECRETARY, BHARATH EARTH MOVERS EMPLOYEES ASSOCIATION AND OTHERS[KARNATAKA HIGH COURT] 04-03-2025
Industrial Disputes Act, 1947 — Section 9A — Industrial Disputes (Karnataka) Rules, 1957 — Rule 35, Rule 36 (Omitted) — Form E — Notice of Change in Service Conditions — Mode of Service — Individual Notice vs. Display and Union Notice — Section 9A of the Act requires notice of change in service conditions to be given to workmen “in the prescribed manner” — Rule 35 of the Karnataka Rules prescribes this manner, requiring display of the notice (in Form E) on the notice board at the main entrance a
India Law Library Docid # 2424379

(640) UTTARADI MUTT Vs. STATE OF KARNATAKA[KARNATAKA HIGH COURT (DHARWAD BENCH)] 04-03-2025
Administrative Law — Police Powers — Interference in Civil/Religious Disputes — Judicial Orders — Limits of Jurisdiction — Police authorities are expected to maintain neutrality and refrain from interfering in purely civil or religious disputes between private parties, particularly when the matter is sub-judice or governed by judicial orders (including appeal periods post-judgment or status quo orders) — Actions such as directing a party in long-standing possession (pursuant to prior decrees, pe
India Law Library Docid # 2424436