(661) AMIT BEHAL AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Principles — Abuse of process — Inherently improbable allegations — Court’s power to prevent abuse of process or secure ends of justice is extraordinary and to be used sparingly, not controlled by other statutory provisions — Grounds for quashing include: (i) mala fide complaint, (ii) abuse of legal process by FIR, (iii) no prima facie offence made out, (iv) civil dispute cloaked as criminal, (v) vague and omnibus allegations, and ( India Law Library Docid # 2425947
(662) KERRY INGREDIENTS INDIA PVT. LTD. Vs. MR. NAVANATH AMBRE AND OTHERS[GUJARAT HIGH COURT] 04-04-2025 Civil Procedure Code, 1908 — Order 43 Rule 1(r) & (s) — Appeal from Order — Scope of interference — Discretionary orders — Appellate court should not interfere with discretionary order of trial court unless palpably perverse, arbitrary, or capricious — Not mere error of fact or law, or possibility of a different view — Interference warranted only for malafides, capriciousness, arbitrariness, or perversity — Scope limited to adjudicating validity of order applying principles governing Order 43. India Law Library Docid # 2426030
(663) STATE OF GUJARAT Vs. PRADEEP JAYANTILAL PANDYA AND OTHERS[GUJARAT HIGH COURT] 04-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c), 20(B)(2), 25, 29, 41 & 42 — Unlawful Possession of Charas — Acquittal by Trial Court — Appeal by State High Court — Compliance with Mandatory Provisions — Raid conducted based on oral secret information received by police officers — Failure to reduce oral information into writing as mandated by Section 41(2) and Section 42(1) — Failure to send copy of information and grounds of belief to immediate India Law Library Docid # 2426031
(664) SMTI. SARATHI BALA BARMAN AND ANOTHER Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 — Section 313 — Examination of the accused — Incriminating circumstance — Requirement to specifically put crucial incriminating circumstances to the accused during examination under Section 313 CrPC for enabling explanation — Failure to put evidence of a key prosecution witness (PW-3) regarding the assault and entry into the house to the accused — Such omission causing serious prejudice to the accused and vitiating the trial India Law Library Docid # 2426241
(665) MRS JURI BARMAN Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 04-04-2025 Contractual Employment — Termination — Unauthorized absence — Child Care Leave (CCL) — Teacher seeking CCL, proceeding on leave despite non-sanction — Unauthorized absence constitutes indiscipline and misconduct — Termination of contractual service due to unauthorized absence not vitiated by illegality, perversity, unreasonableness, unfairness, or irrationality when in terms of contract — Judicial review limited to these grounds, not substituting administrative India Law Library Docid # 2426242
(666) KRIPANATH MALLAH Vs. HAFIZ RASHID AHMED CHOUDHURY[GAUHATI HIGH COURT] 04-04-2025 Representation of the People Act, 1951 — Section 81(3) — Presentation of election petition — Mandatory requirement — Every copy served on respondents must be attested by petitioner under own signature to be a true copy of the petition — Section 86(1) — Dismissal of election petition for contravention of Section 81 — Consequence of non-compliance — Lack of proper attestation in served copy, including missing attestation on certain pages and use of “certified to be true copy” without specifying “o India Law Library Docid # 2426240
(667) SMT. GANGAMMA AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-04-2025 Bangalore Development Authority Act, 1976 — Sections 17, 18, 19 — Land Acquisition — Deletion of Lands between Preliminary and Final Notification — Allegation of Arbitrariness and Discrimination (Article 14) — The exclusion of a substantial portion of land between the preliminary notification and the final notification during acquisition proceedings under the BDA Act does not inherently vitiate the entire process as arbitrary or discriminatory under Article 14 of the Constitution — Such deletion India Law Library Docid # 2424343
(668) SRI. MALLAPPA BASANNA NAVALAGUDDA AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 03-04-2025 Constitution of India, 1950 — Article 21 — Right to Livelihood — Right to Water — Farmers — Irrigation Needs vs. Drinking Water Priority — Duty of State to Balance — While the State has a paramount duty to prioritize and ensure the supply of drinking water to its populace (implicit in Article 21), this duty does not absolve it of its obligation towards farmers whose right to livelihood, also flowing from Article 21, depends heavily on access to irrigation water for their crops — The State is obl India Law Library Docid # 2424439
(669) V. SANTHAKUMARI, FORMERLY HEAD CLERK Vs. REGISTRAR GENERAL, HIGH COURT, MADRAS[MADRAS HIGH COURT] 03-04-2025 Service Law — Disciplinary Proceedings — Natural Justice — Fair Enquiry — Non-Supply of Documents / Non-listing in Charge Memo — In disciplinary proceedings, failure to list certain documents (like internal communications or CCTV footage) in the annexure to the charge memo does not automatically vitiate the enquiry if the core evidence (CCTV footage) was shown to the delinquent and their counsel, opportunities for cross-examination and adducing defence evidence based on such India Law Library Docid # 2424456
(670) MINI AND ANOTHER Vs. BINU AND OTHERS[KERALA HIGH COURT] 03-04-2025 Motor Vehicles Act, 1988 — Section 163A — Accident Arising out of the Use of Motor Vehicle — Expression has a wider connotation than “caused by” — Does not require direct or proximate causal relationship, but accident must be connected with the use of the vehicle — Negligence of the owner/driver need not be pleaded or established by the claimant. India Law Library Docid # 2424595
(671) CHEEKILODE PREMALATHA Vs. K.V. ABDURAHIMAN[KERALA HIGH COURT] 03-04-2025 Civil Procedure — Doctrine of Merger — Principle that an inferior court’s decree/order merges into the decree/order of a superior court upon disposal of an appeal or revision, making the superior court’s decision the operative one — Applies even if the appeal was limited to a specific aspect (like costs), rendering the appellate decree the one from which time limits generally run. India Law Library Docid # 2424596
(672) STATE OF KERALA Vs. REJI. S[KERALA HIGH COURT] 03-04-2025 Criminal Procedure Code, 1973 — Sections 306, 307, 308 — Pardon to Accomplice (Approver) — Approver granted pardon must make a full and true disclosure at every stage required — Failure to do so (by wilful concealment or giving false evidence) leads to forfeiture of pardon. India Law Library Docid # 2424597
(673) BALU Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 03-04-2025 Constitution of India, 1950 — Articles 72 & 161 — Criminal Procedure Code, 1973 — Sections 432, 433, 433A — Premature Release/Remission — Powers and principles governing premature release of convicts — Includes constitutional power, statutory power of remission/commutation, and remission under jail manuals/state rules. India Law Library Docid # 2424637
(674) XXX AND OTHERS Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 03-04-2025 Criminal Procedure Code, 1973 — Section 154, 190, 482 — Second FIR — Registration of a second FIR by the same informant against the same accused regarding the same cognizable offence or occurrence, subsequent to an earlier FIR where investigation is underway or completed, is impermissible and constitutes an abuse of process. India Law Library Docid # 2424638
(675) AJITHA JAYAKUMAR Vs. ABRAHAM AND OTHERS[KERALA HIGH COURT] 03-04-2025 Civil Procedure Code, 1908 — Order 39 Rule 2A — Consequence of Disobedience of Injunction — Rule provides discretionary powers (“may”) to the court — Measures include attachment of property (limited to one year) and civil imprisonment (limited to three months) — Primary intent is to ensure compliance with court orders, though punitive element exists. India Law Library Docid # 2424639
(676) G.VISWANATHAN Vs. ABRAHAM SALAMMA AND OTHERS[KERALA HIGH COURT] 03-04-2025 Lease vs. License — Distinction — Lease involves transfer of an interest in property coupled with exclusive possession, whereas license is a mere permission to do something on the property without transfer of interest or exclusive possession — Determined by the substance of the agreement, not just nomenclature. India Law Library Docid # 2424640
(677) ABRAHAM AND OTHERS Vs. AJITHA JAYAKUMAR AND OTHERS[KERALA HIGH COURT] 03-04-2025 Transfer of Property Act, 1882 — Sections 122 & 123 — Gift/Settlement Deed — Essentials include transfer without consideration, donor, donee, subject matter, transfer, and acceptance — For immovable property, requires a registered instrument signed by/for donor and attested by at least two witnesses. India Law Library Docid # 2424641
(678) MADAN LAL AGRAWAL AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 03-04-2025 Food Safety and Standards Act, 2006 — Section 68(2) — Food Safety and Standards Rules, 2011 — Rule 3.1.1 — Adjudication Proceedings — Requirement of Inquiry and Reasonable Opportunity — Section 68(2) of the FSS Act, 2006, read with Rule 3.1.1 of the FSS Rules, 2011, mandates that the Adjudicating Officer must hold an inquiry before imposing a penalty for contravention of the Act/Rules/Regulations — This inquiry necessitates giving the person charged a reasonable opportunity of making representat India Law Library Docid # 2424720
(679) GIRIGIRI KARANCHANDAR, KARAN Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 03-04-2025 Evidence Act, 1872 — Extra-Judicial Confession — Evidentiary Value and Corroboration — An extra-judicial confession is traditionally considered a weak piece of evidence and requires careful scrutiny — It must be voluntary, truthful, and inspire confidence — While corroboration is not an absolute rule, an extra-judicial confession gains significant credibility and evidentiary value if supported by a chain of cogent circumstances and other prosecution evidence — Factors such as the person to whom India Law Library Docid # 2424788
(680) NARAYANA RAO KARNATI Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 03-04-2025 Constitution of India — Article 226 — Alternative Efficacious Remedy — Telangana Protection of Depositors of Financial Establishments Act, 1999 (Act, 1999) — Sections 6 & 7(3) — Writ Petition Maintainability — Where a special statute, such as the Telangana Protection of Depositors of Financial Establishments Act, 1999, provides for the constitution of a Special Court (under Section 6) and specifically allows any person claiming an interest in attached property to make an objection before such Sp India Law Library Docid # 2424789