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(561) PUSHKAR JAMNERKAR Vs. THE STATE OF TELANGANA AND OTHERS[SUPREME COURT OF INDIA] 26-03-2025
Criminal Procedure Code, 1973 — Ss. 200, 202 & 482 — Penal Code, 1860 — Ss. 420, 465, 468, 471 — Quashing of Complaint — Abuse of Process of Law — Circumvention of Arbitral Award — Criminal complaint filed by Respondent No. 2 alleging forgery etc. concerning a manuscript dated 17.05.2013 — Complaint filed after an Arbitral Tribunal (London) had already adjudicated upon the admissibility, relevancy, proof, and alleged markings on the same manuscript, finding no dishonest markings, and passed a fi
India Law Library Docid # 2424607

(562) KALICHARAN MANDAL AND OTHERS Vs. THE STATE OF ASSAM AND ANOTHER[SUPREME COURT OF INDIA] 26-03-2025
Land Law — Encroachment on Government Land — Public Project (Solar Power Plant) — Relocation and Rehabilitation — Balancing of Interests — Petitioners, acknowledged as encroachers on Government land earmarked for a State solar power project, challenged High Court order permitting the project's commencement — High Court had balanced interests by allowing the project while protecting petitioners from eviction based on State/Corporation undertaking — Supreme Court upheld the High Court's approach,
India Law Library Docid # 2424652

(563) SUNHER PUDO AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 26-03-2025
Penal Code, 1860 — Section 149 — Unlawful Assembly — Vicarious Liability in Naxal Attack — In cases involving offences committed by members of an unlawful assembly, such as a Naxalite attack resulting in murder, Section 149 IPC imposes vicarious liability — Proof that an accused was present as a member of the unlawful assembly sharing the common object (which can be inferred from circumstances like being armed, presence near the scene, and collective actions like shouting slogans post-incident)
India Law Library Docid # 2424684

(564) BHANU PRATAP SINGH AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 26-03-2025
Chhattisgarh Rajya Anusuchit Janjati Ayog (Sanshodhan) Adhiniyam, 2020 — Section 4(1) — Appointment at the Pleasure of Government — Removal — Where an appointment to a statutory post, such as Chairperson or Member of the Chhattisgarh Rajya Anusuchit Janjati Ayog, is explicitly made “during the pleasure of the State Government” as per Section 4(1) of the Adhiniyam, 2020, and the appointment order itself reflects this condition, the holder of the office can be removed at any time by the Government
India Law Library Docid # 2424698

(565) UNION OF INDIA AND OTHERS Vs. M/S JAGDALPUR MOTORS THROUGH DIRECTOR, SHRI NIRAJ SHARMA AND OTHERS[CHHATTISGARH HIGH COURT] 26-03-2025
Central Goods and Services Tax Act, 2017 — Section 140 — Central Goods and Services Tax Rules, 2017 — Rules 117 & 120A — Transitional Credit (CENVAT) — Revision of FORM GST TRAN-1 — The right to carry forward accumulated CENVAT credit from the pre-GST regime into the GST regime is a vested right, akin to property under Article 300A of the Constitution — Rule 120A of the Central GST Rules explicitly permits a registered person to revise the electronically submitted FORM GST TRAN-1 declaration onc
India Law Library Docid # 2424699

(566) MANDAVA SRINVIAS RAO Vs. EDUPUGANTI UDDANDI RAMA RAO[TELANGANA HIGH COURT] 26-03-2025
Specific Relief Act, 1963 — Section 28(1) — Extension of time for payment — Judicial Discretion — While the Court retains jurisdiction post-decree in a specific performance suit and possesses discretion under Section 28(1) to extend the time for payment of purchase money, such discretion must be exercised judiciously, based on sound legal principles and satisfactory reasons, not as a matter of course or arbitrarily.
India Law Library Docid # 2424761

(567) XXXX Vs. XXXX[TELANGANA HIGH COURT] 26-03-2025
Hindu Marriage Act, 1955 — Section 11 & Section 5(i) — Void Marriage — Bigamy — A marriage solemnized between two Hindus is void ab initio if either party had a spouse living at the time of the marriage, unless the case falls under the exception of a valid customary divorce.
India Law Library Docid # 2424745

(568) PALADUGU RAGHURAM Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 26-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope — The power to quash criminal proceedings should be exercised sparingly — The Court, at the initial stage, primarily examines whether the uncontroverted allegations prima facie establish the offence — Meticulous examination of evidence or assessing probability of conviction is impermissible.
India Law Library Docid # 2424781

(569) M. RAJENDAR Vs. HIGH FOR THE STATE OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH REP. BY ITS REGISTRAR (VIGILANCE)[TELANGANA HIGH COURT] 26-03-2025
Service Law — Disciplinary Proceedings — Judicial Review (Art. 226) — Scope and Limitations — Judicial review of disciplinary proceedings is concerned with the legality and fairness of the decision-making process, not the correctness of the decision itself — Courts do not act as an appellate authority to re-appreciate evidence.
India Law Library Docid # 2424782

(570) SONIA Vs. DIVESH KHULLAR[PUNJAB AND HARYANA HIGH COURT] 26-03-2025
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Definition — Cruelty, as a ground for divorce, encompasses conduct that causes reasonable apprehension in the petitioner’s mind that it will be harmful or injurious to live with the other party — It can be physical or mental, and its assessment depends on the specific facts, circumstances, and social context of the parties involved — There is no exhaustive definition, but it must be grave and substantial
India Law Library Docid # 2425017

(571) HARBHAJAN KAUR AND ANOTHER Vs. KULDEEP SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 26-03-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Deduction for Personal Expenses — Where the deceased aged 40 was married and survived by dependents requiring a 1/4th deduction (as per Sarla Verma principles), the application of a 1/3rd deduction by the Tribunal constitutes an error requiring correction.
India Law Library Docid # 2425018

(572) MANJU BALA Vs. RAJ KUMAR[PUNJAB AND HARYANA HIGH COURT] 26-03-2025
Hindu Marriage Act, 1955 — Section 24 — Maintenance Pendente Lite — Purpose — The objective of Section 24 is to provide financial support to a spouse lacking sufficient independent income to maintain themselves and cover litigation expenses during the pendency of matrimonial proceedings, ensuring they are not financially handicapped — It is not intended to equalize incomes or provide maintenance commensurate with the other spouse’s lifestyle if the applicant can
India Law Library Docid # 2425013

(573) PUNJAB STATE ELECTRICITY BOARD Vs. HARBHAJAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 26-03-2025
Service Law — Promotion — Quota Rule — Judicial Precedent — Judgments of lower courts decreeing a suit for deemed promotion based on the premise that a quota rule differentiating between diploma and non-diploma holders is discriminatory, relying on the decision in Punjab State Electricity Board vs. Ravinder Kumar Sharma (1986) 4 SCC 617, are unsustainable and contrary to law, as the Ravinder Kumar Sharma judgment was subsequently overruled by a Larger Bench of the Supreme
India Law Library Docid # 2425014

(574) JASWANT KAUR Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 26-03-2025
Criminal Procedure Code, 1973 — Section 319 — Summoning Additional Accused — Standard — The power under Section 319 Cr.P.C. enables the trial court to summon a person not initially charge-sheeted if evidence emerging during trial suggests their involvement — The required standard is higher than the prima facie view needed for charge framing but less than the certainty required for conviction.
India Law Library Docid # 2425015

(575) KALA Vs. THE FEROZEPUR PRIMARY CO-OPERATIVE AGRICULTURE DEVELOPMENT BANK LIMITED[PUNJAB AND HARYANA HIGH COURT] 26-03-2025
Negotiable Instruments Act, 1881 — Sections 118 & 139 — Presumption — Upon admission of the signature on a cheque, a presumption arises under Section 139 that the cheque was issued for the discharge of a legally enforceable debt or liability — Further, under Section 118(a), it is presumed that the negotiable instrument was made for consideration — The burden to rebut these presumptions lies upon the accused.
India Law Library Docid # 2425016

(576) MD. FARUK @ FARUK MOMIN Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 26-03-2025
Penal Code, 1860 — Sections 361 & 363 — Kidnapping from Lawful Guardianship — Proof of Minority — Voluntary Act — To sustain a conviction for kidnapping under Section 363 IPC, the prosecution must prove beyond reasonable doubt that the victim was a minor (below 18 years for a female) as defined under Section 361 IPC and was ‘taken’ or ‘enticed’ away from lawful guardianship — Where the victim’s age is disputed, and evidence like a school admission register is unreliable due to discrepancies (ove
India Law Library Docid # 2425211

(577) SAHID MALIK Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 26-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — Bail in Commercial Quantity — Twin Conditions — Where the recovery involves a commercial quantity of narcotics (263 grams Heroin), the stringent twin conditions under Section 37(1)(b) — reasonable grounds to believe non-guilt and unlikelihood of committing future offences — must be satisfied for grant of bail — Bail application rejected as the applicant failed to meet these conditions, given the strength of the State’s case supp
India Law Library Docid # 2425240

(578) SRIKRISHNA KANTA SINGH Vs. THE ORIENTAL INSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Motor Vehicles Act, 1988 — Section 166 — Negligence — Contributory Negligence — Pillion Rider Injury — Learner's Licence — Standard of Proof — Claimant (pillion rider) suffered double leg amputation in accident between scooter and trailer — FIR and Charge Sheet filed against trailer driver for rash and negligent driving — Insurer of trailer did not plead contributory negligence of scooter driver in written statement — Tribunal and High Court found contributory negligence (40%) on scooter driver
India Law Library Docid # 2423838

(579) AKSHAY GUPTA AND OTHERS Vs. ICICI BANK LIMITED AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Consumer Protection Act, 1986 — Section 23 — Appeal — Settlement — Tripartite Agreement (Buyer-Builder-Bank) — Appeals filed under Section 23 against NCDRC order dismissing consumer complaints by flat buyers — Complaints alleged unfair trade practices by Bank regarding loan recall notice in context of tripartite arrangement involving buyers, builder, and bank, where defaults occurred on all sides — Parties arrived at an amicable settlement before the Supreme Court with Court's facilitation — App
India Law Library Docid # 2423839

(580) DEEPAK KUMAR TALA Vs. STATE OF ANDHRA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r), 3(1)(s), 3(2)(va) [Implicitly Sections 18, 18A] — Prima Facie Case — Public View — Appeal against rejection of anticipatory bail — FIR lodged under various IPC sections and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act alleging caste slur, threats, conspiracy, abduction etc.
India Law Library Docid # 2423840