(621) MANSA RAM AND OTHERS Vs. JASMER SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Pre-emption — Right of pre-emption — Nature of — A weak right, which can be overcome by legitimate means such as waiver or estoppel enacted by the preemptor. India Law Library Docid # 2435265
(622) HARYANA STATE THROUGH COLLECTOR, HISAR AND ANOTHER Vs. RAJA RAM[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Punjab Courts Act, 1918 — Section 41 — Regular Second Appeal — Power to dispose of common judgments and decrees — Appeals arising from common judgments and identical questions of law and fact can be decided collectively by way of a single, composite judgment for judicial economy and consistency. India Law Library Docid # 2435266
(623) USHA CHOPRA AND OTHERS Vs. LIC AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Insurance Act, 1938 — Section 45 — Policy not to be called in question after three years — Contract of life insurance is based on the principle of "utmost good faith" (uberrima fides) — Silence on a material fact that could affect the risk is considered a breach of this good faith — Insured is required to make truthful declarations regarding health in the proposal form, especially for non-medical policies where the India Law Library Docid # 2435267
(624) BALDEV SINGH Vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Tribunal — Compensation — Liability of owner and insurer — Accident occurred at 2 PM, insurance policy commenced at 4:28 PM on the same day — Vehicle was not insured at the time of the accident — Tribunal rightly held the owner liable for compensation. India Law Library Docid # 2435268
(625) PRAHLAD PRASAD RATHOUR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 03-11-2025 Service Law — Termination — Appointment to post of Food Inspector (Ex-Serviceman quota) — Termination after five years of service based on police verification report disclosing involvement in criminal cases registered in 2002 (before recruitment) and subsequent acquittal/compromise in 2007 (before appointment) — Termination upheld by Single Judge on grounds of suppression of material fact (criminal history) and India Law Library Docid # 2435835
(626) B. K. GHOSH AND OTHERS Vs. STEEL AUTHORITY OF INDIA AND OTHERS[CHHATTISGARH HIGH COURT] 03-11-2025 Lease Renewal — Leasehold rights over property of Steel Authority of India Limited (SAIL) — Right to renewal — Petitioners seeking renewal of 30/33 year leases on plots in Bhilai Steel Plant Township on original terms, challenging the imposition of “Applicable Land Premium” and enhanced charges by SAIL under its 2008 Board Resolutions — Held: Renewal of lease is a fresh grant, not an automatic or vested right of lessee — Renewal is contingent upon mutual agreement and India Law Library Docid # 2435867
(627) BANGALORE METRO RAIL CORPORATION LTD., EMPLOYEES UNION (REGD.) AND OTHERS Vs. BANGALORE METRO RAIL CORPORATION LTD. AND OTHERS[KARNATAKA HIGH COURT] 03-11-2025 Industrial Disputes Act, 1947 — Section 2(a)(i) and 2(o) — Appropriate Government — Bangalore Metro Rail Corporation Limited (BMRCL) is the "Appropriate Government" for BMRCL for industrial disputes is the Central Government as BMRCL is a "Railway company." India Law Library Docid # 2435939
(628) SRI B S KIRAN KUMAR AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-11-2025 Constitutional Law — Right to Life (Article 21) — Environment and Public Health — Municipal Solid Waste Management (SWM) — The failure of municipal authorities to effectively implement SWM and address persistent "garbage blackspots" is a violation of the fundamental Right to a clean and healthy environment under Article 21 of the Constitution of India; opacity and inefficiency in SWM are an India Law Library Docid # 2435940
(629) RAMESH PAL AND OTHERS Vs. IDFC FIRST BANK LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-11-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 17(1) — Application to Debt Recovery Tribunal (DRT) — Limitation Act, 1963 — Applicability of Section 5 (Condonation of Delay) and Sections 4 to 24 (Computation of Period) — The DRT is the only competent forum for the borrower to challenge measures taken by a secured creditor under Section 13(4) and seek restoration of property, as the jurisdiction of Civil Courts is barr India Law Library Docid # 2435703
(630) MR. ALPHONSA SALDANA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 311 — Evidence Act, 1872 — Section 45 — Expert Opinion — Power to summon material witness — Application seeking expert opinion from Forensic Psychiatry Department (NIHMANS) regarding accused's mental state for defence of insanity — Trial court's discretion — Court may entertain application under Section 45 only if deemed necessary — Opinion of experts is India Law Library Docid # 2435877
(631) STATE OF J&K Vs. SANJAY SINGH AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-11-2025 Criminal Law — Acquittal Appeal — Ranbir Penal Code (RPC), Section 306 (Abetment of Suicide) read with Section 107 (Abetment) — Scope of Appellate Reappreciation — High Court, while reviewing an acquittal, must acknowledge the "double presumption" operating in favour of the accused: the fundamental presumption of innocence and the reinforcing presumption arising from the acquittal India Law Library Docid # 2436272
(632) MR. SURESH BAFNA Vs. V.MANGAYARKARASI AMMAL (DIED) BY LRS AND OTHERS[MADRAS HIGH COURT] 03-11-2025 Negotiable Instruments Act, 1881 — Section 118 — Presumption in favour of holder — Suit Promissory Notes — Onus to rebut presumption — Execution of Suit Promissory Notes (Ex-A.2 to Ex-A.5) by defendants for a total sum of Rs.2,04,000/- admitted in a Reply Notice (Ex-A.9) — Documents being duly stamped attract the presumption under Section 118 of the N.I. Act — Defendants failed to rebut this India Law Library Docid # 2436671
(633) M/S.VEEYAR ENGINEERS AND CONTRACTORS Vs. THE GENERAL MANAGER SOUTHERN RAILWAY HEAD QUARTERS AND OTHERS[MADRAS HIGH COURT] 03-11-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Setting Aside Arbitral Award — Grounds — Patent Illegality — Fraud and Misrepresentation — Arbitrator's finding that contract was vitiated by fraud based on Railway's reliance on documents (Ex.R1 to R5) regarding fabricated partnership deed number and invalid PAN number, without considering petitioner's explanation (typographical error in document India Law Library Docid # 2436672
(634) P. BHAVANI Vs. P.RAJESWARI (DECEASED) BY LRS AND OTHERS[MADRAS HIGH COURT] 03-11-2025 Indian Succession Act, 1925 — Sections 232 and 276 — Letters of Administration with Will Annexed — Grant of — Proof of Will — Admitted Execution — Where the execution of a registered Will is admitted by the contesting defendant, the Will is deemed proved, and the non-examination of attesting witnesses is not fatal, as per Section 58 read with Section 70 of the Indian Evidence Act, 1872. India Law Library Docid # 2436673
(635) R.VIJAYABHASKAR AND OTHERS Vs. STATE BANK OF INDIA[MADRAS HIGH COURT] 03-11-2025 Constitution of India, 1950 — Article 226 — Writ of Certiorari — Scope of Judicial Review — High Court, in exercising certiorari jurisdiction, acts as a supervisory court, not an appellate court — Findings of fact reached by an inferior tribunal (like DRT/DRAT) based on appreciation of evidence cannot be reopened or questioned in writ proceedings — Interference is limited to correcting errors of India Law Library Docid # 2436674
(636) STATE OF RAJASTHAN AND ORS Vs. NARESH CHANDRA PATEL[RAJASTHAN HIGH COURT] 01-11-2025 Teacher Grade III, Level-I recruitment — Candidate's claim for consideration based on graduation mark-sheet after initial application based on Senior Secondary qualification — Court held non-disclosure of graduation qualification at the time of application and subsequent belated claim to be invalid grounds for relief. India Law Library Docid # 2435161
(637) SURENDRA SHARMA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing adverse remarks — High Court can exercise inherent powers to expunge adverse remarks against an individual, including a police officer, to prevent abuse of process or secure ends of justice, but this power is exceptional and to be exercised in exceptional cases. India Law Library Docid # 2435173
(638) M/S DAULAT AND CO. AND OTHER Vs. THE UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025 Central Excise Act, 1944 — Sections 11A(1)(a), 11A(4) — Show cause notice — Limitation — Petitioners challenged show cause notice on grounds that it was beyond limitation and issued under the wrong Act — Petitioners claimed to be traders, not manufacturers, receiving goods from others and collecting GST — Authorities alleged petitioners misrepresented themselves as manufacturers and evaded GST — India Law Library Docid # 2435174
(639) MUSHTAQ AHMAD SHAH AND OTHERS Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 31-10-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of FIR — Whether continuation of proceedings would amount to abuse of process of law — FIR lodged based on civil dispute between parties concerning property — Allegations giving a criminal colour to a purely civil matter — Growing tendency of complainants to convert civil disputes into criminal cases to wreak India Law Library Docid # 2436303
(640) INHABITANTS CUM ESTATE HOLDERS OF VILLAGE KHIMBER AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 31-10-2025 Revenue Law and Administration — Shamilat Land — Proprietary Rights — Challenge to Government Order restraining issuance of revenue extracts for "Shamilat Land" (Section 5) in village Khimber — Order No. 03-FC (Rev.) of 2024 dated 24.04.2024 quashed to the extent it barred issuance of revenue extracts for sale/purchase of Rule 5 Shamilat Land — High Court holds that rights and incidents India Law Library Docid # 2436304