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(681) GREATER MOHALI AREA DEVELOPMENT AUTHORITY (GMADA) THROUGH ITS ADDITIONAL CHIEF ADMINISTRATOR Vs. BHAGWAN SAROOP THROUGH HIS LEGAL HEIRS HARDEV KUMAR (SON) AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-03-2025
Civil Procedure Code, 1908 — Section 152 — Correction of Clerical Error in Award (Land Acquisition Act, 2013) — Incorrectly mentioning Section 80 instead of Section 72 of the Right to Fair Compensation Act, 2013, for awarding interest on enhanced compensation by the Reference Court constitutes an accidental slip or clerical error, apparent on the record and reflecting the court’s clear intent — Such an error is correctable under Section 152 CPC and does not amount to impermissible review or reco
India Law Library Docid # 2423885

(682) IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. AND OTHERS Vs. ROHIT YADAV AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-03-2025
Motor Accident Compensation — Deceased Housewife — Notional income assessment must consider minimum wages applicable at the time of the accident and include addition for future prospects (25% for age 45, per Pranay Sethi) — MACT’s assessment significantly below minimum wage set aside and re-calculated upwards. (Kirti followed)
India Law Library Docid # 2423886

(683) KARANPREET SINGH ALIAS GIANA ALIAS FATEH Vs. STATE PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-03-2025
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 — Ss. 3(1)(d) & 6(2) — Parole — Denial Grounds — Multiplicity of Cases — The mere fact that a prisoner is involved in numerous criminal cases (including convictions and pending trials) is not, in itself, a sufficient ground to deny temporary parole under the Act, particularly when considered alongside factors such as acquittals or the grant of bail in other pending matters.
India Law Library Docid # 2423887

(684) MURARI LAL Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-03-2025
Service Law — Promotion should be considered based on rules existing at the time of consideration, and amended service rules regarding retirement age apply to existing employees; denying officiating employees the salary of the higher post is against public policy — The High Court allowed a petition directing the consideration of a Sanskrit Lecturer's promotion to Principal based on amended rules that extended the retirement age for teachers to 60 years — The court held that promotion should be g
India Law Library Docid # 2423906

(685) STATE OF HIMACHAL PRADESH AND OTHERS Vs. CHARAN DASS[HIMACHAL PRADESH HIGH COURT] 01-03-2025
Constitution of India, 1950 — Article 300-A — Depriving a person of their private property for public use without following due process of law and without paying compensation violates Article 300-A of the Constitution, and the plea of verbal consent or delay and laches cannot defeat the right to compensation, especially when similarly situated landowners have been compensated — The High Court dismissed a State appeal against a judgment directing the acquisition of the petitioner's land, which wa
India Law Library Docid # 2423907

(686) STATE OF HIMACHAL PRADESH Vs. JAI KISHAN[HIMACHAL PRADESH HIGH COURT] 01-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21 and 50 — Giving a third option to an accused to be searched by the police, in addition to the statutory options of being searched before a Magistrate or a Gazetted Officer under Section 50 of the NDPS Act, constitutes a violation of the mandatory procedure, and discrepancies in the recovery details and integrity of case property can further weaken the prosecution's case in an appeal against acquittal — The High Court dismissed a
India Law Library Docid # 2423865

(687) NARINDER SINGH Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-03-2025
Constitution of India, 1950 — Articles 16(2), 14, 30(1A) and 31A(1) — Rejection of compassionate employment based on the applicant not being a bonafide Himachali is untenable as it violates Article 16(2) of the Constitution, but a prior rejection for a valid reason like exceeding the income ceiling remains valid unless challenged — The High Court dismissed a writ petition seeking compassionate employment — While acknowledging that rejecting the petitioner's application for not being a bonafide H
India Law Library Docid # 2423866

(688) VIVEK KUMAR SHARMA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 01-03-2025
Forest Act, 1927 — Section 41(1), (2), (3) — Interpretation — Power to Exempt Forest Produce — Section 41(3), permitting exemption from transit regulations, is an exception to the State’s primary duty as trustee under S. 41(1) to control and regulate transit of all forest produce under S. 41(2) — This power must be exercised sparingly, based on demonstrated compelling necessity and only for species genuinely requiring exemption — Exemption is inherently transient, subject to periodic review, and
India Law Library Docid # 2424114

(689) GRAM PANCHYAT PAHLU Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 28-02-2025
Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 — Rules 10 and 16 — The renewal of a mining lease under the Rules, 2015, is invalid if the procedure prescribed under Rule 16(2) of the said Rules is not followed, particularly when the joint inspection required under Rule 10 is not conducted, and an outdated application is considered instead of a fresh one filed within the stipulated time frame before the expiry of th
India Law Library Docid # 2423013

(690) VIJAYMALA SIDLING DOIJAD Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 28-02-2025
Civil Procedure Code, 1908 — Order 8 Rule 6A — Allowing a belated counter-claim under Order 8 Rule 6-A after issues are framed or implicitly frozen, without exceptional circumstances, is impermissible as it causes prejudice, undue delay, and alters the proceedings' complexion, especially when the defendant was aware of the plaintiff's
India Law Library Docid # 2423093

(691) MR A.B.C. Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 28-02-2025
Penal Code, 1860 (IPC) — Section 376 — The High Court quashed FIR and charge sheet against the Petitioner, a 58-year-old man, in a rape case , as the allegations in the FIR, even if taken at face value, did not constitute an offence or make out a case against the Petitioner, and the complaints by the 44-year-old Complainant, a married woman at the time of the alleged incident, were found to be inherently improbable, made with an ulterior motive
India Law Library Docid # 2423096

(692) BMTC CENTRAL OFFICE Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD[KARNATAKA HIGH COURT] 28-02-2025
Motor Vehicles Act, 1988 — Section 173(1) — Appeal against award of Motor Accident Claims Tribunal — When claiming damages for loss of revenue due to a vehicle's disfunction or malfunction, the claimant must establish specific facts, including the extent of damage, time required for repairs, repair costs, and the vehicle's daily earnings and expenses, to substantiate the loss; mere assertion of loss without convincing evidence, including failure to utilize available spare vehicles, is insufficie
India Law Library Docid # 2423167

(693) D.B. GANGAIAH Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 28-02-2025
Prevention of Corruption Act, 1988 — Sections 13(1)(c), 13(2) and 19(1)(b) — Sanction for prosecution is not invalid merely because it is based on the same set of facts as an earlier adjudication proceeding, if the sanctioning authority has applied its mind to the materials placed before it, and the validity of the sanction can be challenged during the trial, not at the stage of quashing the FIR or charge sheet, unless it is shown that the failure of justice has occurred due to error, irregulari
India Law Library Docid # 2423168

(694) ADDITIONAL SUPERINTENDENT OF POLICE CBI Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 28-02-2025
Prevention of Corruption Act, 1988 — Sections 3 and 4(3) — Criminal Procedure Code, 1973 (CrPC) — Sections 407 and 223 — In transferring a case under Section 407, the High Court can direct the committing of a case to the Sessions Court, which can then be tried by a Special Judge with dual capacity, as in the case of a CBI Court established under Section 3 of PC Act, enabling the trial of both the transferred case and another case pending before the Special Court, arising from the same incident,
India Law Library Docid # 2423236

(695) JOSEPH@THAMPIKUNJU AND ANOTHER Vs. RETNAMMA AND OTHERS[KERALA HIGH COURT] 28-02-2025
Limitation Act, 1963 — Article 134 — Civil Procedure Code, 1908 — Section 47 and Order 21 Rule 95 — An auction purchaser who fails to take delivery of the property within one year as provided under Article 134, is barred from filing a fresh suit for recovery of possession under Section 47 (CPC), except in cases where the suit falls under Clause (c) of Explanation to Article 65 of the Limitation Act, i.e., suits by a purchaser at a sale in execution of a decree where the judgment debtor was out
India Law Library Docid # 2423237

(696) HOME GUARD SAMANVAYA SAMITI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 28-02-2025
Rajasthan Home Guards Act, 1963 — Rajasthan Home Guards Rules, 1962 — Employment and deployment of Home Guards — The petitioner, a Home Guard contests the duty-wise rotation system and seeks continuous duty for Home Guards given the availability of assignments — They also challenge a notification for new Home Guard enrollments, arguing that current members are not fully utilised — The court is examining whether the rotation system, as implemented under the Rajasthan Home Guards Act, 1963, is bei
India Law Library Docid # 2423287

(697) M/S. BIGLEAP TECHNOLOGIES AND SOLUTIONS PVT. LTD. AND OTHERS Vs. THE STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 28-02-2025
Goods and Services Tax Act, 2017 — Sections 73, 74 and 160 — Goods and Services Tax Rules, 2017 — Rules 26 and 142 — A show-cause notice or order under the GST Act, 2017, must contain the physical or digital signature of the Proper Officer to be considered valid, as per Rule 26 of the GST Rules and Forms DRC-01 and DRC-07.
India Law Library Docid # 2423346

(698) UZMA NAZNEEN Vs. ASIA TABASSUM AND OTHERS[TELANGANA HIGH COURT] 28-02-2025
Challenge to Recruitment Process — The appellant challenged the recruitment process for the post of Junior Personnel Officer, alleging that the learned Single Judge erred in awarding one mark to respondent No.1 for a disputed question despite clear instructions that the English version of the question paper would prevail in case of discrepancy.
India Law Library Docid # 2423347

(699) R. NARAYANASWAMY NAIDU AND OTHERS Vs. SMT K JAGADAMBA AND OTHERS[ANDHRA PRADESH HIGH COURT] 28-02-2025
Civil Procedure Code, 1908 — Section 96 and Order 41 Rule 31 — Evidence Act, 1872 — Sections 32(5), 35, 65, 68, 114 — Hindu Succession Act, 1956 — Section 6 — An appellate court in a partition suit can overturn a trial court's findings by re-appreciating evidence, including school certificates, letters, wills, and property settlement deeds, with recitals in such documents being admissible to prove relationships under Section 32(5) of the Evidence Act, and can also consider the impact of the Hind
India Law Library Docid # 2423386

(700) SRI KONERU SATYANARAYANA Vs. THE SUPDT. OF POLICE[ANDHRA PRADESH HIGH COURT] 28-02-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 and Section 61(2) — Prevention of Corruption Act, 1988 — Sections 7, 8, 9, 10, 11, 12 — Anticipatory bail may be granted under Section 482 for offences punishable with less than seven years of imprisonment, subject to conditions, even in cases involving allegations of corruption, considering the guidelines regarding arrest as laid down by the Supreme Court.
India Law Library Docid # 2423387