(581) THE SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE AND ANOTHER Vs. K.C. DEVAKI[SUPREME COURT OF INDIA] 25-03-2025 Service Law — Seniority — Transfer/Reappointment on Own Request vs. Public Interest — Change of Cadre on Medical Grounds — Effect of Consent — Karnataka Civil Services (General Recruitment) Rules, 1977 — Rule 16(a)(iii) — Karnataka Government Servants (Seniority) Rules, 1957 — Rule 6 — Respondent, working as Staff Nurse, requested change of cadre to First Division Assistant (FDA) on medical grounds — Request granted under Rule 16(a)(iii) of 1977 Recruitment Rules — Respondent gave written consen India Law Library Docid # 2423841
(582) J. GANAPATHA AND OTHERS Vs. M/S. N. SELVARAJALOU CHETTY TRUST REP. BY ITS TRUSTEES AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025 Property Law — Title — Auction Sale — Effect of Subsequent Will — Title to property purchased in a court auction sale, followed by the execution of a sale deed by the Advocate Commissioner pursuant to the court order, vests absolutely in the auction purchaser — A will executed by the original owner after the court auction sale but before the execution of the formal sale deed, attempting to bequeath the same property, is ineffective and does not convey any right or title to the legatee named ther India Law Library Docid # 2423835
(583) MANILAL SHAMALBHAI PATEL (DECEASED) THROUGH HIS LEGAL HEIRS AND OTHERS Vs. OFFICER ON SPECIAL DUTY (LAND ACQUISITION) AND ANOTHER[SUPREME COURT OF INDIA] 25-03-2025 Land Acquisition Act, 1894 — Sections 4, 11, 18 and 54 — Compensation —Enhancement of — Determination of Market Value — Land acquired for public purpose (benefit of GIDC) vide Section 4 notification dated 24.07.1989 — SLAO awarded Rs. 11/- per sq. mt. — Reference Court enhanced to Rs. 30/- per sq. mt. — High Court dismissed landowners’ appeal for further enhancement — Appeal before Supreme Court — Held: Based on exemplar of nearby plot allotted by GIDC itself and applying necessary adjustments a India Law Library Docid # 2423836
(584) RAVINDER KUMAR @RAJU Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 25-03-2025 Indian Penal Code, 1860 (IPC) — Sections 300 Exception 1, 302, 304 Part I — Culpable Homicide Not Amounting to Murder — Alteration of Conviction — Road Rage — Sudden Fight — Provocation — Accused (appellant) involved in hit-and-run — Deceased part of a group of five who chased and confronted the three occupants of offending vehicle — During ensuing altercation (heated arguments), appellant picked up an iron rod and inflicted a single blow on deceased's head, causing death five days later — No pr India Law Library Docid # 2423837
(585) M/S HOTLINE FASHION INDIA PVT. LTD. Vs. M/S SENTINEL CONSULTANTS PVT. LTD. AND OTHERS[DELHI HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 (CPC) — Order 21 Rule 97, Section 151 — Execution of Decree — Objections by Third Party — Resistance to Possession — Independent Right and Title Claim — Execution First Appeal preferred by appellant-objector challenging Executing Court's order dated 08.07.2023, dismissing its application under Order XXI Rule 97 CPC resisting execution of a specific performance decree concerning basement property No. A-249, Defence Colony, New Delhi. India Law Library Docid # 2423968
(586) SURESH KUMARI Vs. REGISTRAR OF COMPANIES AND OTHERS[DELHI HIGH COURT] 25-03-2025 Insolvency and Bankruptcy Code, 2016 — Section 18 — Assets of Corporate Debtor — Property Law — Real Estate Project — Rights of Homebuyers — Where a National Company Law Tribunal, in a decision subsequently revived and upheld by the Supreme Court, conclusively determined that a Corporate Debtor involved in a real estate project acted merely as a contractor and possessed no right, title, or interest in the project land or the units constructed thereon, with ownersh India Law Library Docid # 2423969
(587) SOM NATH Vs. RAVINDER KUMAR[SUPREME COURT OF INDIA] 25-03-2025 East Punjab Urban Rent Restriction Act, 1949 — Section 13 and Section 15(5) — Landlord-Tenant Relationship — Effect of Agreement to Sell and Decree for Specific Performance — An eviction petition under Section 13 of the 1949 Act remains maintainable, and the landlord-tenant relationship does not automatically cease merely because the parties subsequently entered into an agreement for sale of the tenanted premises, even if followed by a decree for specific performance in favour of the tenant, par India Law Library Docid # 2424000
(588) POOJA KAUSHIK Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 — Sections 439(2) and 482 — Cancellation of Bail — Supervening Circumstances — Effect of Passage of Time and Interim Protection — Cancellation of bail requires very cogent and overwhelming supervening circumstances demonstrating misuse of liberty, interference with justice, or other factors rendering the accused's continued freedom detrimental to a fair trial — It India Law Library Docid # 2424013
(589) ASHISH KAKKAR Vs. UT OF CHANDIGARH[SUPREME COURT OF INDIA] 25-03-2025 Criminal Procedure Code, 1973 — Section 50 — Grounds of Arrest — Sufficiency — Arrest Memo vs. Grounds of Arrest — The provision of a mere arrest memo in the prescribed format, intimating the fact of arrest and mentioning that it is based on the statement of a co-accused, without furnishing other worthwhile particulars, does not satisfy the mandatory requirement of communicating the ‘grounds of arrest’ under Section 50 of the Code — Such a document cannot be construed as the grounds of arrest ma India Law Library Docid # 2424049
(590) SUREPALLY SRINIVAS Vs. THE STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA)[SUPREME COURT OF INDIA] 25-03-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 52A — Standing Order No. 1/89 — Procedural Safeguards — Substantial Compliance — The procedures detailed in Section 52A of the NDPS Act and Standing Order No. 1/89, governing the sampling, sealing, storage, and timely production of seized contraband, are crucial procedural safeguards — They serve the broader purpose of ensuring fair procedure and strengthening the evidentiary framework against India Law Library Docid # 2424054
(591) S.K. JOSHI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Constitution of India — Article 226 — Departmental Inquiry — Quashing of Chargesheet — Misinterpretation of Court Order — Where a chargesheet alleges dereliction of duty against an official based on the premise that an adverse ex-parte order was passed against the State due to his inaction, but a perusal of the said High Court order reveals it merely directed consideration of a representation without granting substantive relief, the charges are founded on a misreading or misinterpretation of the India Law Library Docid # 2424140
(592) HIRALAL SHRI KANHAIYALAL YADAV (DECEASED) THROUGH LRS. SMT. PREMLATA AND OTHERS Vs. SMT. GYARSIBAIAND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Civil Procedure Code, 1908 — Order 22 Rule 3 — Limitation Act, 1963 — Section 5 — Substitution of Legal Heirs — Condonation of Delay — Formal Application Necessity — The dismissal of an application under Order 22 Rule 3 CPC for bringing legal heirs on record solely on the ground that it was filed beyond the limitation period and was not accompanied by a formal application for condonation of delay under Section 5 of the Limitation Act, is erroneous — Following the principle laid down in State of India Law Library Docid # 2424141
(593) DY. GENERAL SECRETARY Vs. DY. GENERAL MANAGER[MADHYA PRADESH HIGH COURT] 25-03-2025 Industrial Law — Voluntary Cessation of Employment — Bipartite Settlement — Proof of Notice Service — Where a Bipartite Settlement clause permits deeming an employee to have voluntarily ceased employment upon failure to report for duty within 30 days of a notice, the onus lies strictly on the employer (management) to prove that such notice was validly issued and served upon the employee at their last known address — Mere existence of the notice on record without proof of dispatch by registered p India Law Library Docid # 2424142
(594) SHALIGRAM Vs. AJAY[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope of Interference — Concurrent Findings of Fact — In a second appeal under Section 100 CPC, the High Court's jurisdiction is confined to substantial questions of law — Concurrent findings of fact recorded by the Trial Court and the First Appellate Court, based on appreciation of oral and documentary evidence (including registered sale deed Ex.P/1 and India Law Library Docid # 2424143
(595) SHRINARAYAN OJHA Vs. UNION OF INDIA THROUGH MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Service Law — Disciplinary Proceedings — Natural Justice — Denial of Reasonable Opportunity — Where a departmental enquiry is conducted in violation of principles of natural justice, demonstrated by factors such as an incomplete charge sheet (lacking essential lists of documents/witnesses), non-supply of relied-upon or requested documents, recording evidence behind the delinquent employee's back, and denial of effective opportunity India Law Library Docid # 2424144
(596) TAKHAT SINGH AND OTHERS Vs. EXECUTIVE ENGINEER AND OTHERS[MADHYA PRADESH HIGH COURT] 25-03-2025 Land Acquisition Act, 1894 — Sections 18, 19 & 26 — Code of Civil Procedure, 1908 — Order 7 Rule 11(d) — Reference Proceedings — Limitation — Once the Collector makes a reference under Section 18 of the Land Acquisition Act, 1894, the Reference Court is mandatorily required under Section 26 to pass an award determining the objections — The Court cannot dismiss the reference application under Order VII Rule 11(d) CPC on the ground of limitation, even if raised by the respondent/State — The questi India Law Library Docid # 2424145
(597) SMT. POONAM Vs. DULE SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 M.P. Municipalities Act, 1961 — Section 20(2)(b)(i) — An objection regarding the locus standi of an election petitioner, based on their status as a voter of the concerned ward, requires specific pleading in the written statement and potentially the framing of an issue by the trial court; failure by the returned candidate to do so or to enter the witness box to substantiate the claim weakens the objection, especially when the election petitioner provides documentary proof of being a registered vo India Law Library Docid # 2424146
(598) KISHAWAR SINGH Vs. LAW AND LEGISLATIVE AFFAIRS DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Service Law — Appointment — Regularization — Temporary/Contractual Election Work — Claim for regular appointment based on past temporary/contractual service as Assistant Grade-3 rendered during election periods — Petitioner appointed for short durations in 2003 and later in 2014 on a contractual basis for election duties India Law Library Docid # 2424147
(599) RAKESH AND ANOTHER Vs. THE PUBLIC, AT GENERAL AND OTHER[RAJASTHAN HIGH COURT] 25-03-2025 Succession Act, 1925 — Sections 372, 373, 387 — Succession Certificate — Nature and Scope of Proceedings — Determination of Title — Proceedings under Section 372, read with Section 373, for the grant of a succession certificate are summary in nature, primarily aimed at facilitating the collection of debts due to the deceased and protecting debtors who make payments to the certificate holder — Such proceedings do not conclusively determine the title or adjudicate the substantive rights of the app India Law Library Docid # 2424169
(600) MAGAN LAL BHATI Vs. RAMESHWAR LAL BHATI[RAJASTHAN HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Jurisdiction — Rajasthan Tenancy Act, 1955 — Section 207 — Nature of Land — For determining jurisdiction and deciding an application under Order VII Rule 11 CPC, the court must consider the substance of the plaint averments read as a whole — Where the plaint asserts, and the defendant admits in pleadings, that land recorded as ‘agricultural’ in revenue records has factually changed its nature to residential/non-agricultural use India Law Library Docid # 2424222