(701) MYNENI SYAMALA Vs. K KALADHAR AND ANOTHER AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-03-2025 Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — Substantial Question of Law — The jurisdiction of the High Court under Section 100 of the C.P.C. is confined to entertaining appeals involving a substantial question of law — The Court cannot re-appreciate evidence or interfere with concurrent findings of fact unless the findings recorded by the courts below are manifestly perverse or contrary to the evidence on record — The existence of a substantial question of law is a sine q India Law Library Docid # 2424881
(702) LAKSHMI AGENCIES, RJY, E.G. DIST AND OTHERS Vs. ARYAPURAM COOP URBAN BANK LTD RJY AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-03-2025 Andhra Pradesh Co-operative Societies Act, 1964 — Sections 61, 62 & 76 — Arbitration and Conciliation Act, 1996 — Section 34 — Nature of Proceedings under APCS Act — Proceedings initiated upon reference of a dispute under Section 61 of the APCS Act, 1964, and decided by the Registrar or a person invested with powers or an arbitrator under Section 62 of the APCS Act, 1964, are statutory proceedings governed exclusively by the APCS Act — Such proceedings do not constitute arbitration proceedings u India Law Library Docid # 2424884
(703) SUSHIL KUMAR MORE Vs. SHAIKH ASADUR RAHMAN AND OTHERS[CALCUTTA HIGH COURT] 21-03-2025 Civil Procedure Code, 1908 — Order IX, Rule 13 — Limitation Act, 1963 — Section 5 & Article 123 — Setting Aside Ex-Parte Decree — Condonation of Delay — Sufficient Cause — Applications filed by Defendant No. 2 seeking condonation of 605 days delay in filing, and setting aside of, an ex-parte decree dated 22.11.2022 — Primary grounds were alleged non-service of summons and lack of knowledge of the suit/decree until June 2023 — Court examined whether “sufficient cause” was shown for non-appearance India Law Library Docid # 2425157
(704) DR. BINOY RANJAN ROY Vs. SMT. KABITA SHAW[CALCUTTA HIGH COURT] 21-03-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Subsequent Events — West Bengal Premises Tenancy Act, 1997 (WBPT Act) — Section 2(g) — Commercial Tenancy — An amendment application seeking to incorporate the ground that the defendant (heir of the original tenant in a non-residential tenancy) has become a trespasser due to the expiry of the five-year statutory protection period under Section 2(g) of the WBPT Act, 1997, during the pendency of the eviction suit, is mainta India Law Library Docid # 2425214
(705) DELHI AGRICULTURAL MARKETING BOARD, THROUGH ITS CHAIRMAN Vs. BHAGWAN DEVI (DEAD), THROUGH HER LR.[SUPREME COURT OF INDIA] 20-03-2025 Land Acquisition Act, 1894 — Sections 4 and 6 — Delhi Agricultural Produce Marketing (Regulation) Act, 1976 — Sections 4 and 6 — Land acquired under the Land Acquisition Act, 1894 vests absolutely in the government upon possession — A statutory body, for whose benefit the land was acquired, cannot enter into a private agreement to return a portion of the land, as this would circumvent the law — Such an agreement is contrary to the fundamental policy of Indian law and constitutes a fraud on the s India Law Library Docid # 2423605
(706) M/S CITICORP FINANCE (INDIA) LIMITED Vs. SNEHASIS NANDA[SUPREME COURT OF INDIA] 20-03-2025 Consumer Protection Act, 1986 — Sections 2(1)(d) and 24-A — Contract Act, 1872 — A flat seller who is not a borrower or a party to the home loan agreement lacks privity of contract with the financing company and cannot be considered a 'consumer' under the Consumer Protection Act for claims related to the sale consideration — Supreme Court allowed the appeal, setting aside the order of the National Consumer Disputes Redressal Commission (NCDRC) which had directed the appellant to refund money and India Law Library Docid # 2423655
(707) CHANDRA SHEKHAR SINGH AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 20-03-2025 Food Safety and Standards Act, 2006 — Section 37 — Food Safety and Standard Rules, 2011 — Rule 2.1.3 — Qualifications for Food Safety Officers — A recruitment notification specifying "a degree" in certain science subjects for the post of Food Safety Officer encompasses postgraduate degrees in those subjects unless explicitly excluded by the relevant statutory rules prescribed by the Central Government — Supreme Court allowed an appeal by candidates holding Master's degrees in Microbiology and Fo India Law Library Docid # 2423656
(708) STATE OF UTTAR PRADESH AND ANOTHER Vs. DINESH KUMAR SHARMA AND OTHERS[SUPREME COURT OF INDIA] 20-03-2025 “Antar Gramin Sadak Nirman Yojana” — Employees appointed under the “Antar Gramin Sadak Nirman Yojana” are entitled to pensionary benefits if the service rules applicable to equivalent posts in the Cane Development Department have been extended to them by government decisions —Supreme Court dismissed the appeal by the State of Uttar Pradesh, affirming the High Court's decision that respondents appointed under the "Antar Gramin Sadak Nirman Yojana" between 1969 and 1982 are entitled to pensionary India Law Library Docid # 2423657
(709) STATE OF MADHYA PRADESH Vs. SHYAMLAL AND OTHERS[SUPREME COURT OF INDIA] 20-03-2025 Penal Code, 1860 (IPC) — Sections 302 and 304 — Culpable Homicide —Conviction Conversion and Proportionate Sentencing — High Court can convert conviction from Section 302 IPC to Section 304 IPC if justified by circumstances; sentencing must reflect crime's gravity. India Law Library Docid # 2423651
(710) STATE (CBI) Vs. MOHD. SALIM ZARGAR @ FAYAZ AND OTHERS[SUPREME COURT OF INDIA] 20-03-2025 Terrorist and Disruptive Activities (Prevention) Act, 1987 — Section 15 — Admissibility of confessional statements recorded by senior police officers under strict conditions — Confessional statements under Section 15 of the TADA Act are admissible if recorded voluntarily by a police officer not lower in rank than a Superintendent of Police. India Law Library Docid # 2423652
(711) VAIBHAV GOEL AND ANOTHER Vs. DEPUTY COMMISSIONER OF INCOME TAX AND ANOTHER[SUPREME COURT OF INDIA] 20-03-2025 Insolvency and Bankruptcy Code, 2016 — Section 31(1) — Approval of Resolution Plan under IBC — A Resolution Plan approved under Section 31(1) of the Insolvency and Bankruptcy Code (IBC) is binding on all stakeholders, including the Central Government, for statutory dues. India Law Library Docid # 2423653
(712) INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH (ICSSR) Vs. NEETU GAUR AND OTHERS[SUPREME COURT OF INDIA] 20-03-2025 Autonomy of CRRID —Supreme Court ruled that the Centre for Research in Rural and Industrial Development (CRRID) is an autonomous institution and not under "deep and pervasive" control of the Indian Council of Social Science Research (ICSSR) — Even though ICSSR provides substantial grants, that alone does not make it liable for CRRID’s actions India Law Library Docid # 2423654
(713) STATE OF J&K Vs. KHURSHID AHMAD NAQEEB[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 20-03-2025 Constitution of India, 1950 — Article 31(1) and 14 — Defined Pension Rules, 2014 — A cut-off date in a government order introducing pension benefits for a previously non-pensionable entity is not arbitrary or discriminatory simply because it creates two classes of retirees (before and after the date), provided the classification has a reasonable basis and is not capricious or whimsical, especially when implementing a new policy with financial implications — The Division Bench allowed an appeal a India Law Library Docid # 2423786
(714) STATE OF J&K Vs. SAYED SHABIR BUKHARI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 20-03-2025 Criminal Procedure Code, 1973 — Sections 161, 272 (1), 342 and 512 — Ranbir Penal Code — Sections 302, 307, 120B, 380, 121 and 124-A — Arms Act, 1959 — Sections 7 and 27 — An appellate court in a criminal acquittal appeal has a circumscribed jurisdiction and will not easily overturn an acquittal unless the trial court’s view is perverse or unsustainable — In cases of circumstantial evidence, a complete and unbroken chain proving guilt is necessary — The Division Bench dismissed a State appeal ag India Law Library Docid # 2423785
(715) MENARUL SHEKH AND OTHERS Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 20-03-2025 National Investigation Agency Act, 2008 — Section 21(4) — Explosive Substance Act, 1908 — Sections 3 and 4 — Bail can be granted in cases under the Explosive Substance Act when there is no recovery of explosive substances and the accused have been in custody for a significant period, especially when charges have been framed — The High Court allowed a criminal appeal and granted bail to five appellants accused under the BNS, Arms Act, and Explosive Substance Act — The court noted the absence of r India Law Library Docid # 2423833
(716) SANDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Himachal Pradesh Financial Rules, 2009 — An employee who was denied regularization due to a pending criminal case but is subsequently acquitted is entitled to regularization from the date of their initial eligibility with all consequential benefits — High Court allowed a writ petition directing the State to regularize the services of a Patwari, who was initially appointed on a contract basis in 2011, with effect from 01.10.2016 (the date he completed five years of service as per the regularizati India Law Library Docid # 2423797
(717) PAWAN KUMAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Drugs and Cosmetics Act, 1940 — Sections 18(c) and 18-A — The revisional court has a limited scope of interference, primarily to rectify patent defects, errors of jurisdiction, or law, and cannot act as an appellate court — Furthermore, deciding a criminal case against a convicted person in the absence of their counsel, especially when legal aid is available, is not fair or just — High Court dismissed a criminal revision petition against the concurrent conviction under the Drugs and Cosmetics Ac India Law Library Docid # 2423798
(718) BHIMA RAM Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Service Law — A Class-IV Government servant appointed on a part-time/daily wage basis prior to 10.05.2001 and regularized on or after 10.05.2001 shall retire at the age of 60 years — Additionally, even after granting the benefit of one year of regular service for every five years of daily wage service, the employee should have completed 10 years of qualifying service for pension — High Court dismissed a writ petition filed by a Class-IV government servant initially engaged on a daily wage basis India Law Library Docid # 2423799
(719) DAIZY KUMAR @ VISHAL AND ANOTHER Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Penal Code, 1860 (IPC) — Sections 498A and 306 — Cruelty and Abetment to Suicide — To establish offences under Sections 498A and 306, the prosecution must prove beyond a reasonable doubt the acts constituting cruelty and a proximate nexus between the accused's actions and the deceased's suicide, while considering the admissibility and weight of witness testimonies and statutory presumptions — Criminal appeal against conviction under Sections 498A and 306 IPC dismissed, upholding the trial court' India Law Library Docid # 2423800
(720) ASHA CHAUHAN Vs. AMIT KASHYAP AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Contempt of Courts Act, 1971 — The expression “consequential benefits” in a court order for retrospective promotion typically encompasses quantifiable financial benefits and the right to be considered for further promotion based on the new seniority, but does not automatically include subsequent promotions to higher grades not specifically directed by the court — Contempt petition dismissed as the retrospective promotion and financial benefits ordered by the court were granted; “consequential be India Law Library Docid # 2423801