(641) PRADEEP SYNGHAL Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-03-2025 Constitution of India — Article 226 — Judicial Review — Disciplinary Proceedings against Judicial Officer — Scope of Interference — The scope of judicial review under Article 226 in matters of disciplinary inquiries against public servants, including judicial officers, is circumscribed — The Court does not act as an appellate authority and cannot re-appreciate evidence or substitute its own findings for that of the disciplinary authority — Interference is warranted only on limited grounds such a India Law Library Docid # 2423958
(642) STATE OF PUNJAB Vs. DHARMINDER SINGH ETC.[PUNJAB AND HARYANA HIGH COURT] 24-03-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 41(2), 42 and 43 — Search and Seizure — Private Vehicle vs. Public Conveyance in Transit/Public Place — Applicability — Section 43 applies to search and seizure in a 'public place' or 'in transit', and its Explanation clarifies 'public place' includes 'public conveyance' — Section 42 applies to search of any building, conveyance or enclosed place based on prior information — A harmonious construction, following State of Rajasthan v. India Law Library Docid # 2423959
(643) M/S CIVIC ENGINEERS (INDIA) Vs. SURENDER L. MEENA[DELHI HIGH COURT] 24-03-2025 Contempt of Courts Act, 1971 — Sections 11 and 12 — Civil Contempt — Wilful Disobedience of Court Order — DDA Official — Respondent found in deliberate and wilful disobedience of High Court's directions dated 31.05.2022 — Directions required conversion of petitioner's property from leasehold to freehold within three months, based on respondent/DDA's counsel's statement acknowledging eligibility under DDA Circular dated India Law Library Docid # 2423970
(644) MS. RUCHI KALRA AND OTHERS Vs. SLOWFORM MEDIA PVT. LTD. AND OTHERS[DELHI HIGH COURT] 24-03-2025 Defamation Law / Internet Law / Civil Procedure Code, 1908 — Order 7 Rule 11 / Limitation Act, 1963 — Article 75 — Republication via Hyperlinking — Cause of Action — Limitation — A hyperlink embedded within a later online publication, which points to an earlier allegedly defamatory article, constitutes 'republication' of the earlier article if the hyperlink is used not merely as a neutral reference but in a manner and context that repeats, endorses, strategically positions, or amplifies the defa India Law Library Docid # 2424014
(645) TDI INFRATECH LIMITED Vs. GOVERNMENT OF NCT AND ANOTHER[DELHI HIGH COURT] 24-03-2025 Criminal Procedure Code, 1973 — Section 482 — Inherent Powers of High Court — Quashing of FIR — Scope of Interference — High Court's power under S. 482 CrPC is vast but exercisable sparingly to prevent abuse of process or secure ends of justice — In proceedings for quashing, the Court must only ascertain if allegations in the FIR, taken as true and uncontroverted, along with investigation material, prima facie constitute an offence — Court cannot conduct a mini-trial or assess sufficiency of evi India Law Library Docid # 2424015
(646) NITESH SETHI Vs. SHIKHA SETHI[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 24-03-2025 Hindu Marriage Act, 1955 — Applicability — Jain Community — Section 2(1)(b) & Section 2(3) — The provisions of the Hindu Marriage Act, 1955 (HMA) are expressly applicable to persons who are Jain by religion — Section 2(1)(b) of the HMA specifically extends the Act to any person who is a Buddhist, Jain, or Sikh by religion — Furthermore, Section 2(3) mandates that the expression "Hindu" in any portion of the Act shall be construed to include persons to whom the Act applies by virtue of Section 2, India Law Library Docid # 2424148
(647) NIRBHAY SINGH Vs. SUMAT PRAKASH JAIN AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 24-03-2025 Code of Criminal Procedure, 1973 — Section 146 — Attachment Order — Emergency — Justification based on Conduct — An order of attachment under S. 146 CrPC based on emergency is justified where the conduct of one party (applicant/vendor), subsequent to selling the property and purportedly delivering possession via sale deeds, involves creating disturbances (rukus), attempting to prevent harvesting by purchasers, escalating the situation to the point of threatening self-immolation (leading to arres India Law Library Docid # 2424149
(648) PRAVEEN KUMAR TIWARI Vs. THE STATE OF M.P.[MADHYA PRADESH HIGH COURT] 24-03-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 60 & 63 — Code of Criminal Procedure, 1973 (CrPC) — Sections 451 & 457 Interim Custody (Supurdagi) of Vehicle — The mere fact that a vehicle seized under the NDPS Act is liable to confiscation under Section 60 of the Act does not operate as an absolute bar to its release on interim custody (supurdagi) under Sections 451/457 of the CrPC [S. 503 BNSS] pending conclusion of the trial. India Law Library Docid # 2424150
(649) RAHUL JANGID Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-03-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 50A — Controlled Delivery — Authorization — Section 50A permits the Director General (DG) of NCB or any other officer authorized by him in this behalf to undertake controlled delivery — Where the DG, NCB, while proceeding on official tour, issues a memorandum authorizing the Deputy Director General (DDG) to look after the work of the DG, an authorization order for controlled delivery subsequently issued by the DDG under Section 50A i India Law Library Docid # 2424213
(650) A. JOHN KENNEDY ETC. Vs. STATE OF TAMIL NADU AND OTHERS ETC.[SUPREME COURT OF INDIA] 24-03-2025 Environmental Law — Forest Conservation — Importance of Forests and Biodiversity — Forests are vital components of the ecosystem, acting as its lungs, crucial for mitigating climate change, regulating carbon emissions, conserving soil, managing the water cycle, and controlling pollution — Their protection and restoration are paramount for environmental sustainability and the well-being of all life forms, including tackling issues of inequality aggravated by environmental degradation — An ecocent India Law Library Docid # 2424253
(651) SMT. MOHANAKUMARI K.R. AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 24-03-2025 Advocates/Bar Associations — Elections — Reservation for Women — Mandate based on Supreme Court Directions — Applicability to All Associations — Following the directions issued by the Hon’ble Supreme Court concerning reservation for women in Bar Association elections (specifically reserving the post of Treasurer and ensuring 30% representation in the Governing Council/Executive Committee, as initially directed for SCBA and subsequently extended mutatis mutandis to other Bar India Law Library Docid # 2424352
(652) MRS. LATHA SARAVANAN AND OTHERS Vs. S.M. SIDDIQUE AND OTHERS[MADRAS HIGH COURT] 24-03-2025 Letters Patent (Madras) — Clause 15 — Appealability — Order Refusing Stay of Suit — Section 10 CPC — Maintainability — An order passed by a Single Judge rejecting an application for stay of suit, even if filed under Section 151 CPC but seeking relief analogous to Section 10 CPC, qualifies as a ‘judgment’ appealable under Clause 15 of the India Law Library Docid # 2424415
(653) M/S. CUSTODIAL SERVICES INDIA PRIVATE LIMITED Vs. M/S. METAFILMS (INDIA) LTD.[MADRAS HIGH COURT] 24-03-2025 Arbitration and Conciliation Act, 1996 — Section 11 — Preliminary Issues — Existence and Validity of Arbitration Agreement — Order Directing Evidence — Finality — An order passed in a Section 11 petition directing parties to lead evidence before the Master regarding the existence and validity of the arbitration agreement, especially when passed after hearing parties, attains finality if not challenged before the appropriate forum (Supreme Court) — A party cannot subsequently seek to bypass or ig India Law Library Docid # 2424416
(654) M/S. SANMAR SPECIALITY CHEMICALS LIMITED Vs. ASSISTANT COMMISSIONER OF INCOME-TAX[MADRAS HIGH COURT] 24-03-2025 Income Tax Act, 1961 — Sections 40A(7)(b) & 43B — Deduction for Provision towards Approved Gratuity Fund — Interplay of Non-Obstante Clauses — Specific vs. General Provision — Section 40A(7)(b) is a specific provision dealing with deductions for provisions made towards an approved gratuity fund, carved out as an exception to the general disallowance of provisions for gratuity under Section 40A(7)(a) — Section 43B, dealing with deductions allowable only on actual payment, refers generally to India Law Library Docid # 2424417
(655) M. SUBBIAH Vs. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES AND OTHERSq[MADRAS HIGH COURT] 24-03-2025 Service Law — Disciplinary Proceedings vs. Criminal Proceedings — Standard of Proof — Effect of Acquittal — Acquittal in criminal proceedings based on the same charges does not automatically lead to exoneration in departmental disciplinary proceedings — The standard of proof differs significantly: disciplinary proceedings require proof based on preponderance of probabilities, whereas criminal proceedings require proof beyond India Law Library Docid # 2424418
(656) S.K.S. RESORTS INDIA PRIVATE LIMITED Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 24-03-2025 Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993 — Rule 27-B — Powers of District Collector — Recommendations of Committee for Architectural and Aesthetic Aspects (AAA) — The District Collector, as the approving authority under Rule 27-B, possesses the independent power to either approve or reject the recommendations received from the AAA Committee regarding building plan applications in hill stations — The recommendations of the AAA Committee are not binding on the Collec India Law Library Docid # 2424419
(657) V. THIRUPATHY Vs. INSPECTOR GENERAL OF REGISTRATION AND OTHERS[MADRAS HIGH COURT] 24-03-2025 Registration Act, 1908 — Section 22-A — Tamil Nadu Regularization of Unapproved Layouts and Plots Rules, 2017 — Rule 15(b) — Prohibition on Registration of Unapproved Plots — Cut-off Date — Section 22-A of the Registration Act, 1908, read harmoniously with Rule 15(b) of the 2017 Rules and the clarification issued by the First Bench order dated 15.06.2017 in W.M.P.No.15656 of 2017, prohibits the registration of unapproved layout plots sold or intended for use as house sites after the cut-off date India Law Library Docid # 2424420
(658) ICICI LOMBARD GENERAL INSURANCE CO. LTD. (IN PLACE OF BHARTI AXA GENERAL INSURANCE COMPANY LTD.) Vs. M/S. FIVE STAR VANIJYA PVT. LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-03-2025 Insurance Law – Motor Insurance – Repudiation of Claim – Breach of Policy Conditions – Use for ‘Hire or Reward’ – Overloading – Burden of Proof – Repudiation of an own damage claim under a Private Car Package Policy on the grounds that the vehicle was used for ‘hire or reward’ and was carrying passengers beyond its seating capacity requires the insurer to discharge the burden of proving such breaches with cogent evidence — Relying solely on newspaper reports (hearsay evidence) or an investigatio India Law Library Docid # 2424493
(659) BALAMURUGAN (NOW CONFINED AS LIFE CONVICT IN PALAYAMKOTTAI CENTRAL PRISON) Vs. THE STATE[MADRAS HIGH COURT (MADURAI BENCH)] 24-03-2025 Penal Code, 1860 (IPC) — Sections 300 Exception 1, 302, 304 Part I — Culpable Homicide not Amounting to Murder — Sudden Intervention & Loss of Self-Control — Where the accused, following a quarrel with PW1, pursued her with a weapon (‘aruval’) and fatally attacked the deceased (PW1’s grandfather) upon the latter’s sudden intervention to protect PW1, the act, although demonstrating transferred malice, falls within Exception 1 to Section 300 IPC — The sudden intervention acted as a grave provocati India Law Library Docid # 2424460
(660) MARUDHU PANDI Vs. THE STATE REP. BY THE INSPECTOR OF POLICE[MADRAS HIGH COURT (MADURAI BENCH)] 24-03-2025 Evidence Act, 1872 — Appreciation of Evidence — Eyewitness Testimony — Relatives and Neighbours — Reliability — Testimony of eyewitnesses (PW1-PW4, PW16), including close relatives (husband, granddaughter) and neighbours, regarding a daytime murder involving a known accused, is considered reliable and natural when their presence at the scene is probable and their accounts regarding the assault are consistent and corroborated by other evidence, despite minor defence suggestions of India Law Library Docid # 2424461