(101) TALARI SATYANARAYANA Vs. TALARI VANA KAMESWARAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Transfer of Property Act, 1882 — Sections 122, 123 & Gift vs. Will — Interpretation of Document — A registered document, described as a “settlement deed,” which confers property out of love and affection, reserves a life interest for the donor (including enjoyment of income and liability for taxes) while restricting her right to alienate, and grants a vested remainder right to the donee (plaintiff/son) with possession postponed until the donor’s death, constitutes a valid gift settlement deed (i India Law Library Docid # 2424825
(102) APSRTC, AMARAVATHI Vs. N.SOUNDARYA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In motor accident claims adjudicated under Section 166, the determination of negligence is based on the principle of preponderance of probabilities — Direct testimony of an eyewitness (PW.2) regarding the rash and negligent driving of the offending vehicle holds greater evidentiary value than police investigation documents such as the FIR (Ex.A1), altered FIR (Ex.A2), or charg India Law Library Docid # 2424829
(103) D.B. RAVIKUMAR Vs. G.S. SURESH AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of First Information Report (FIR) — Scope of Interference — The inherent power vested in the High Court under Section 482 Cr.P.C. to quash criminal proceedings, including an FIR, ought not to be exercised in a manner that prematurely scuttles a legitimate investigation, particularly when the FIR discloses the prima facie commission of cognizable offences. India Law Library Docid # 2424846
(104) ASHOK KUMAR SINGH Vs. THE STATE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Penal Code, 1860 — S. 497 — Offence of Adultery — Constitutionality — Joseph Shine v. Union of India (AIR 2018 SC 4898) — Discussion on the nature and historical context of Section 497 IPC. Analysis of the provision as reflecting archaic, patriarchal notions treating the wife as the husband’s chattel or property — Examination of its discriminatory aspects, where only the “outsider” male is punished, the wife is exempt from punishment even as an abettor, and the offence is contingent on the absen India Law Library Docid # 2424867
(105) ABC INFOSYSTEMS PRIVATE LIMITED AND ANOTHER Vs. ABS INDIA PRIVATE LIMITED[DELHI HIGH COURT] 17-04-2025 Commercial Courts Act, 2015 — S. 12A — Pre-Institution Mediation — Exception — Urgent Interim Relief (CPC, Order 38 R. 5) — Examination of the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act — Consideration of the exception where the suit contemplates urgent interim relief — Where a plaintiff seeks urgent relief, such as attachment before judgment under Order XXXVIII Rule 5 CPC, citing specific circumstances like the withdrawal of a bank guarante India Law Library Docid # 2424868
(106) APSRTC, VIZIANAGARAM DIST AND ANOTHER Vs. YENNI GOWRI AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Standard of Proof & Appreciation of Evidence — In motor accident claims, the standard of proof required to establish negligence is preponderance of probabilities, not proof beyond reasonable doubt Credible eyewitness testimony regarding the rash and negligent driving of the offending vehicle, corroborated by police documents, should be preferred over the driver’s denial, especially when the driver admits to being convicted in the related crim India Law Library Docid # 2424885
(107) BALINA SRIMANNARAYANA Vs. M/S. SRR HOSPITALITIES PRIVATE LIMITED AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Maintainability against Rejection of Review Application at Numbering Stage — Examination of whether a Civil Revision Petition is maintainable against an order of the trial court rejecting an application for review (under Order 47 Rule 1) prior to its numbering, particularly considering the doctrine of merger and distinguishing cases where review is dismissed on merits versus dismissed in limine without numbering. India Law Library Docid # 2424897
(108) RMS CONSULTANTS PVT. LTD. AND OTHERS Vs. TRIDIVA ERGONOMIC INTERIORS (P.) LTD.[DELHI HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — S. 20(c) — Commercial Courts Act, 2015 — S. 13 — Territorial Jurisdiction — Cause of Action — Part thereof — Suit for Recovery — Determination of territorial jurisdiction in a commercial suit for recovery of money for interior designing, supply, and installation services — Discussion on where the cause of action arises, wholly or in part, under S. 20(c) CPC. Consideration of various elements including: place where the defendant approached the plaintiff, location of m India Law Library Docid # 2424865
(109) DR JWALA PRASAD Vs. UNION OF INDIA MINISTRY OF CULTURE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Service Law — Deputation — Appointment on Deputation vs. Transfer on Deputation — Premature Repatriation — Arbitrariness — Discussion on the distinction between ‘appointment on deputation’ and ‘transfer on deputation’ — Consideration of the legal principle that while premature repatriation of an employee on ‘appointment on deputation’ for a fixed initial term (extendable at discretion) is permissible, it cannot be effected in an arbitrary or capricious manner and requires sufficient cause, parti India Law Library Docid # 2424866
(110) SHEELA DEVI AND ANOTHER Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 17-04-2025 Employees’ Compensation Act, 1923 — Section 4A(3)(b) — Statutory Penalty — Liability (Employer vs. Insurer) — It is settled law that the statutory penalty imposed upon an employer under Section 4A(3)(b) of the Act for default in paying compensation without justification is the sole liability of the employer and is not required to be indemnified by the Insurance Company — The Insurer's liability is limited to indemnifying the employer for the principal compensation amount and interest thereon (un India Law Library Docid # 2424927
(111) M/S SUNSHINE BUILDERS AND DEVELOPERS Vs. HDFC BANK LIMITED THROUGH THE BRANCH MANAGER AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 18(1), Second Proviso — Appeal to Appellate Tribunal — Pre-deposit Requirement — Scope of “any order” under Section 17 — The expression “any order made by the Debts Recovery Tribunal [under section 17]” in Section 18(1), which is subject to the mandatory pre-deposit requirement under the second proviso for an appeal by the borrower, requires meaningful interpretation — A India Law Library Docid # 2425053
(112) WIKIMEDIA FOUNDATION INC Vs. ANI MEDIA PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025 Interim Relief — Injunction — Stay by Supreme Court — Broad and Vague Relief — Implementability — Where an interim injunction granted by the High Court (restraining publication of allegedly false, misleading, defamatory content) is found by the Supreme Court to be very broadly worded, lacking clarity on who will decide the nature of the content, and prima facie incapable of specific implementation, the Supreme Court may stay such an injunction pending further proceedings or final disposal. India Law Library Docid # 2425054
(113) M/S S.P.M.L. INFRA LIMITED Vs. M/S S.N.C.C. CONSTRUCTION AND OTHERS[RAJASTHAN HIGH COURT] 17-04-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Power to refer parties to arbitration — Mandatory Nature — Pre-institution Mediation under Section 12-A, Commercial Courts Act, 2015 — Effect of Non-participation — Section 8 of the Arbitration and Conciliation Act, 1996, is peremptory in nature — Where a valid arbitration agreement exists covering the subject matter of the suit, the judicial authority is obligated to refer the parties to arbitration if an application under Section 8 is made n India Law Library Docid # 2425102
(114) AYYUB ALI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 17-04-2025 Penal Code, 1860 — Sections 302, 304 — Criminal Procedure Code, 1973 — Section 228 — Framing of Charge — Prima Facie Case — Murder vs. Culpable Homicide — At the stage of framing of charge, the Trial Court cannot conclusively determine whether a case falls under Section 302 IPC or Section 304 IPC merely based on the post-mortem report or the nature of the weapon used — If the materials placed before the Court, including the nature and number of injuries and surrounding circumstances, disclose a India Law Library Docid # 2425104
(115) STATE OF RAJASTHAN AND OTHERS Vs. COMBINED TRADERS[SUPREME COURT OF INDIA] 16-04-2025 Central Sales Tax Act, 1956 — Section 13(1)(d), Section 13(3), Section 13(4) & Section 8(4) — Central Sales Tax (Registration and Turnover) Rules, 1957 — Rule 12(1) — Central Sales Tax (Rajasthan) Rules, 1957 — Rule 17(20) — Rule-making power of State Government vs. Central Government — Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained th India Law Library Docid # 2424727
(116) K. SHIKHA BARMAN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 16-04-2025 Criminal Law — Identity of Accused — Burden of Proof — In a criminal prosecution, particularly under the NDPS Act, the fundamental burden lies upon the prosecution to establish beyond a reasonable doubt the identity of the person accused as the perpetrator of the offence — Where the appellant contends a case of mistaken identity, alleging she was not the person originally arrested but was implicated later, the prosecution must prove that the appellant in court is unequivocally the same individua India Law Library Docid # 2424728
(117) SURESH C. SINGAL AND OTHERS Vs. THE STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025 Criminal Procedure – Quashing of Proceedings (Section 482 CrPC / Article 226 Constitution) – Principles for Exercise of Power — The inherent jurisdiction of the High Court under Section 482 CrPC, complemented by the power under Article 226 of the Constitution, to quash criminal proceedings (including FIR and chargesheet) should be exercised sparingly, with caution, and only to prevent abuse of the process of court or otherwise secure the ends of justice — The exercise of this power depends heavi India Law Library Docid # 2424729
(118) IRWAN KOUR Vs. PUNJAB PUBLIC SERVICE COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 16-04-2025 Service Law — Reservation — Ex-Servicemen — Applicable Rules — State vs. Central Rules — For recruitment to posts under the Punjab State Government advertised by the Punjab Public Service Commission, the eligibility for reservation under the “ex-servicemen” category must be determined solely based on the definition provided in the Punjab Recruitment of Ex-Servicemen Rules, 1982 (Punjab Rules, 1982), framed under Article 309 of the Constitution — The Ex-Servicemen (Re-employment in Central Civil India Law Library Docid # 2424730
(119) STATE OF KARNATAKA Vs. NAGESH[SUPREME COURT OF INDIA] 16-04-2025 Evidence Act, 1872 — Appreciation of Evidence — Minor Discrepancies & Time Lag — Minor discrepancies, inconsistencies, or memory lapses in the testimonies of prosecution witnesses, especially the complainant and shadow witness, are natural and likely to occur when witnesses depose after a considerable lapse of time (10 years in this case) from the date of the incident — Such minor variations, which do not go to the root of the matter or shake the basic version of the prosecution case regarding d India Law Library Docid # 2424731
(120) S.C. GARG Vs. STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 16-04-2025 Criminal Procedure — Res Judicata in Criminal Proceedings — Applicability The principle of res judicata is applicable to criminal proceedings — A finding on a specific factual issue reached by a competent criminal court in a prior proceeding (rejection of a defence in a Section 138 NI Act case) is binding on the same parties in subsequent criminal proceedings where the same factual issue arises (Section 420 IPC prosecution based on the very defence rejected earlier) — A party cannot initiate a India Law Library Docid # 2424732