(821) BIRMALA PROJECTS PVT. LTD. Vs. ASHWANI AHLUWALIA AND OTHERS[DELHI HIGH COURT] 18-02-2025 Statutory Prohibition vs. Contractual Obligations — A statutory provision regulating the mode of transaction (e.g., Section 269ST of the Income Tax Act) does not automatically nullify the underlying contractual obligations, and a civil suit for recovery of money advanced in cash can still be maintained, subject to contract law principles. India Law Library Docid # 2422778
(822) FAROOQ YASIN SAYYAD INAMDAR AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 18-02-2025 Waqf Act, 1995 — A show cause notice under the Waqf Act, 1995, does not determination a party's rights, and thus, a writ petition under Article 226 is premature unless alternate remedies are exhausted or specified exceptions apply. India Law Library Docid # 2423075
(823) NISHANT MULTISTATE CO-OPERATIVE CREDIT SOCIETY LTD. Vs. M/S. BABA SAI CORPORATION[BOMBAY HIGH COURT (NAGPUR BENCH)] 18-02-2025 Arbitration and Conciliation Act, 1996 — Arbitral Award Not Vitiated by Patent Illegality — The High Court held that the arbitral award was not vitiated by patent illegality, as the arbitrator had applied their mind to the material on record, and the award was reasonable and took a plausible view. The Court noted that the respondent's failure to contest the claim and provide plausible explanations for their absence during the arbitration proceedings contributed to the award's validity India Law Library Docid # 2423076
(824) RAMESH BAGARAM MANKANE AND OTHERS Vs. VASANT DATTATRAY PAWAR (DECEASED) THROUGH LEGAL HEIRS AND OTHERS[BOMBAY HIGH COURT] 18-02-2025 Transfer of Property Act, 1882 — Section 53A — Applicability of Section 53A — The Court held that the defendants, who claimed possession based on an agreement for sale, were not entitled to protection under Section 53A, as they failed to prove payment of consideration and were not put in possession in furtherance of the contract India Law Library Docid # 2423077
(825) JAMES JOSEPH Vs. GEROGE KURIAN AND OTHERS[KERALA HIGH COURT] 18-02-2025 Motor Accident Claims — Loss of earning capacity — In calculating loss of earning capacity, the multiplier to be applied is determined by the age of the victim at the time of the accident, not retirement age, with a notional income of 50% of the income at the time of the accident. India Law Library Docid # 2423179
(826) C. KRISHNANKUTTY NAIR Vs. PRINCIPAL SECRETARY WOMEN AND CHILD DEVELOPMENT DEPARTMENT SECRETARIAT AND OTHERS[KERALA HIGH COURT] 18-02-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 27(4) — Appointment to Child Welfare Committee — The appointment to the post of member of the Child Welfare Committee requires a degree in a specified field and at least 7 years of experience in areas connected with child welfare. India Law Library Docid # 2423180
(827) M.K.GOPALAN Vs. THE REC MULTI PURPOSE CO-OPERATIVE SOCIETY LTD. AND OTHERS[KERALA HIGH COURT] 18-02-2025 Service Law — Departmental Enquiries and Natural Justice — A departmental enquiry is vitiated if it violates principles of natural justice, such as denial of opportunity to adduce evidence or challenge witnesses India Law Library Docid # 2423181
(828) PRADEEP KUMAR V.L. Vs. STATE OF KERALA[KERALA HIGH COURT] 18-02-2025 Penal Code, 1860 (IPC) — Sections 323 and 354 — Quashment of Proceedings — Quashment under Section 482 of the CrPC is not warranted if the prosecution allegations prima facie make out the offences under Sections 323 and 354 of the IPC. India Law Library Docid # 2423182
(829) AMIT KASHYAP Vs. PUNJAB NATIONAL BANK AND OTHERS[RAJASTHAN HIGH COURT] 18-02-2025 Service Law — Dismissal of Service without Notice — Challenged — The petitioner argues that the departmental enquiry was conducted in gross violation of the principles of natural justice — The petitioner was charge-sheeted under para 5(j) of the Bipartite Settlement for allegedly making unauthorised cash loading in an ATM without any office order and for high value/abnormal transactions in his account — The court considers whether the punishment of dismissal was disproportionate to the charges, India Law Library Docid # 2423241
(830) MOOLA RAM AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 18-02-2025 Rajasthan Land Revenue Act, 1956 — Section 16 — Notifications issued by the State Government for the creation of new revenue villages in Rajasthan — Challenged — These challenges are based on the argument that the notifications violate Clause 4 of a circular dated 20 August 2009, which outlines guidelines for naming new villages — The petitioners contend that villages were named after a deity of a particular caste, violating the guidelines — The court addresses whether the State Government adher India Law Library Docid # 2423242
(831) JIVRAJ KASWAN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 18-02-2025 Rajasthan Contractual Hiring to Civil Posts Rules, 2022 — Rule 16(ii) — Transfer orders of contractual employees in Rajasthan — Challenged — Employees argue that their transfers violate Rule 16(ii), which stipulates that contractual employees “shall not be transferred from one place to any other place” — The court interprets this rule as providing statutory stability to contractual employees, ensuring they serve at their current contractual place without the risk of transfer — The court emphasiz India Law Library Docid # 2423243
(832) PRABHAV CO-OPERATIVE HOUSING SOCIETY LTD. Vs. HEIRS AND LRS OF BECHARDAS GOVINDRAM AND OTHERS[GUJARAT HIGH COURT] 18-02-2025 Civil Procedure Code, 1908 — Explanation VII to Section 11 and Order 21 Rule 102 — Objections previously decided or not raised by judgment debtors/obstructors in execution are barred by Res-judicata, and transferees pendente lite cannot typically obstruct decree execution India Law Library Docid # 2423322
(833) JAYABEN R PATEL AND ANOTHER Vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY AND OTHERS[GUJARAT HIGH COURT] 18-02-2025 Gujarat Town Planning and Urban Development Act, 1976 — Gujarat Land Revenue Code, 1879; Urban Land (Ceiling and Regulation) Act, 1976 — The High Court intervened to ensure the implementation of a development permission granted prior to a dispute arising from a Town Planning Scheme's impact on retainable land, by directing the regularization of the land ownership discrepancy through the purchase of the remaining land by accepting the deposited consideration, and consequently validating the exist India Law Library Docid # 2423324
(834) KUDIPUDI SRINADH Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 18-02-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 397, 401 and 357 — Penal Code, 1860 — Sections 304-A, 338 and 337 — High Court reiterated that its revisional jurisdiction is limited and should not be used to re-appreciate evidence unless there is manifest illegality or a gross miscarriage of justice — While not interfering with the conviction, the court considered mitigating circumstances, the lack of prior antecedents, and the willingness of the revisionist to pay an enhanced fine, and accordin India Law Library Docid # 2423396
(835) K. BHAGYA LAKSHMI, AND OTHERS Vs. B VEERA VENKATARAO AND OTHERS[ANDHRA PRADESH HIGH COURT] 18-02-2025 Civil Procedure Code, 1908 — Section 96 — Transfer of Property Act, 1882 — Section 53-A — This is a First Appeal against a decree and judgment in a suit for delivery of possession of property after evicting the defendant, along with a claim for damages — The execution of an unregistered agreement of sale is admitted, but the delivery of possession is disputed, with the plaintiffs alleging a subsequent unauthorized insertion in the agreement — The defendant claims protection under India Law Library Docid # 2423425
(836) HUSSAIN ALI AND OTHERS Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 18-02-2025 Penal Code, 1860 (IPC) — Sections 302, 304 Part-II and 149 — Conviction for murder necessitates proof of the accused being members of an unlawful assembly with a shared common object to commit the offence, and the evidence must establish their intention or knowledge that their actions were likely to cause death — The High Court partly allowed a criminal appeal, altering the conviction of ten appellants from murder to culpable homicide not amounting to murder — The court reasoned that while the a India Law Library Docid # 2423448
(837) MD. HABIL ALI Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 18-02-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 42, 52A and 57 — Substantial compliance with the mandatory procedural requirements of the NDPS Act, particularly Sections 42 and 52A concerning search, seizure, and handling of contraband, is generally sufficient if there is no demonstrable prejudice caused to the accused, especially when actions are conducted under the supervision of superior officers — The High Court dismissed a criminal appeal against the appellant's conviction u India Law Library Docid # 2423449
(838) ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS Vs. TAPASHI ROY AND OTHERS[GAUHATI HIGH COURT] 18-02-2025 Motor Accident Claims — An insurance company can be held liable to satisfy a motor accident compensation award even if there is a potential breach of insurance terms by the vehicle owner, but the Tribunal must subsequently determine the insurer's right to recover the paid amount from the owner — he High Court disposed of motor accident claim appeals, directing the insurance company to pay the compensation awarded by the Tribunal, while simultaneously remanding the matter to the Tribunal to decid India Law Library Docid # 2423486
(839) SANDESWARI MEDHI Vs. RAMPAL ROY AND OTHERS[GAUHATI HIGH COURT] 18-02-2025 Registration Act, 1908 registered sale deed, coupled with revenue documents issued based on it, establishes a prima facie case of right, title, and interest in land, and a First Appellate Court is not justified in disregarding such unchallenged documents based on mere pleadings of joint family property without supporting evidence — The High Court allowed a second appeal, setting aside the First Appellate Court's judgment and restoring the Trial Court's decree — he court held that the registered India Law Library Docid # 2423487
(840) M/S AVISY SERVICES PVT. LTD. Vs. M/S NIMBUS SYSTEMS (P) LTD. AND OTHERS[MANIPUR HIGH COURT] 18-02-2025 Constitution of India, 1950 — Article 226 — An ex-parte interim order, once extended in the presence of the opposing party without objection, becomes an interim order that cannot be automatically vacated under Article 226(3) for failure to decide a vacation application within two weeks and must be decided on its merits after hearing all parties — The applicant sought the vacation of an ex-parte interim stay order in a writ petition, arguing for automatic vacation under Article 226(3) of the Cons India Law Library Docid # 2423524