(721) SMT. SANTOSH KUMARI Vs. THE H.P. STATE ELECTRICITY BOARDS LTD. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 20-03-2025 Electricity Law — An electricity board has the primary responsibility to maintain HT lines properly and ensure they do not pose a hazard to human life, and the court can direct the board to pay compensation for death caused by electrocution due to its acts of omission — Writ petition disposed of with a direction to the electricity board to pay compensation for the electrocution death of the petitioner's son due to low-hanging HT lines, attributing the incident to the board's omission in maintain India Law Library Docid # 2423802
(722) ROOP CHAND Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 20-03-2025 Service Law — Recovery of Excess Payment — Retired Employee — Group-D Employee — Effect of Undertaking/Affidavit — Where a retired Group-D employee challenges the recovery of excess payment made to him post-retirement during the release of arrears of gratuity and leave encashment, the permissibility of such recovery hinges significantly on whether the employee had furnished an undertaking to refund any such excess payment. India Law Library Docid # 2423899
(723) THE STATE OF UTTAR PRADESH Vs. SATENDRA, ETC[SUPREME COURT OF INDIA] 20-03-2025 Evidence Act, 1872 – Appreciation of Evidence – Eyewitness Testimony – Minor Discrepancies vs. Core Credibility – Appeal Against Acquittal – Appeal by State against High Court's acquittal reversing trial court's conviction for offences including murder — Incident involved midnight intrusion into house, assault, and fatal shooting of deceased by respondents identified via torch/lantern light by three related eyewitnesses — High Court acquitted citing discrepancies and factors like non-matching b India Law Library Docid # 2423923
(724) GURWINDER SINGH Vs. SHARANJIT KAUR[PUNJAB AND HARYANA HIGH COURT] 20-03-2025 Criminal Procedure Code, 1973 — Section 125 — Maintenance — Effect of Permanent Alimony — Held, the object of Section 125 is distinct, aiming at social justice and preventing vagrancy and destitution by providing a speedy remedy for sustenance — The mere fact that the respondent-wife has received a lump sum amount as permanent alimony does not automatically disentitle her from claiming or receiving monthly maintenance under Section India Law Library Docid # 2423955
(725) YASH DEV SINGH SEJWAL Vs. STATE AND OTHERS[DELHI HIGH COURT] 20-03-2025 Criminal Procedure Code, 1973 — Section 198 — Prosecution for Offences Against Marriage (Chapter XX IPC) — Locus Standi — Aggrieved Person — Cognizance of offences under Chapter XX IPC (including Sections 494/495 IPC) can only be taken upon a complaint made by a “person aggrieved” by the offence, subject to specific exceptions enumerated in the proviso to S. 198(1) — Where the husband is the aggrieved person, a complaint filed by his father holding a Power of India Law Library Docid # 2423973
(726) SALEEM Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 20-03-2025 Delhi Prison Rules, 2018 — Rules 1178, 1197, 1200 and 1224(iii) — Furlough — Eligibility — Effect of Past Parole Abscondence/Jump — Subsequent Good Conduct — Effect of Warning — While Rule 1224(iii) stipulates ineligibility for furlough for prisoners who absconded during parole/furlough, this bar is not absolute and must be considered contextually — Where a significant period has elapsed since the petitioner jumped emergency parole and was rearrested, and the petitioner has subsequently maintain India Law Library Docid # 2423974
(727) D K SHARMA Vs. STATE OF DELHI[DELHI HIGH COURT] 20-03-2025 Prevention of Corruption Act, 1988 — Section 19 — Sanction for Prosecution — Competent Authority — Jurisdictional Prerequisite — Grant of sanction for prosecution under Section 19 of the PC Act by an authority competent to remove the public servant from office is a mandatory and jurisdictional prerequisite — Sanction granted by an authority lacking such competence is invalid ab initio, rendering the entire trial and subsequent conviction void for want of jurisdiction — The question of competence India Law Library Docid # 2423976
(728) PITHAMPUR AUDYOGIK SANGTHAN AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 20-03-2025 Minimum Wages Act, 1948 — Sections 3 & 5 — Revision of Minimum Wages — Uniformity vs. Locality-wise Differentiation — While Section 3(3)(a)(iv) permits consideration of different localities while fixing/revising minimum wages, the Act does not mandate the appropriate government to invariably fix different minimum wage rates for different localities within the State — A uniform revision applicable across the State, based on recommendations of the duly constituted Advisory Board considering releva India Law Library Docid # 2424122
(729) KRISHNA @ KINNA AND OTHERS Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 20-03-2025 Evidence Act, 1872 — Section 32(1) — Dying Declaration — Inconsistency and Reliability — Where two dying declarations are recorded, one (Dehatinalishi Ex.P-15) implicating the husband (A1) and brother-in-law (A2) stating the deceased poured kerosene on herself following harassment over a monetary demand and A1 lit the fire, while the second (Ex.P-8 recorded by Executive Magistrate) attributes the burn injury to the deceased's 'own fault' following a quarrel over A1's alcoholism and exonerates bo India Law Library Docid # 2424123
(730) MAHENDRA KUMAR SHARMA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-03-2025 Essential Commodities Act, 1955 — Section 10-A — Madhya Pradesh Public Distribution System (Control) Order, 2015 [referencing M.P. PDS (Control) Order, 2009, Clause 11.5 as interpreted in precedent] — FIR Registration — Authority — Collector's Recommendation — An FIR for offences under the Essential Commodities Act, 1955, read with the relevant Control Order, which are cognizable under Section 10-A of the Act, can be registered by the police based on a complaint or information received from comp India Law Library Docid # 2424124
(731) M/S INANI MARBLES AND INDUSTRIES LTD. AND OTHERS Vs. SANTOSH DEVI AND OTHERS[RAJASTHAN HIGH COURT] 20-03-2025 Motor Vehicles Act, 1988 — Section 2(34), Section 147 — ‘Public Place’ — Accident within Factory Premises — Insurance Liability — A place within a factory premise, even if entry is generally restricted, qualifies as a ‘public place’ under Section 2(34) if access, although limited, is granted to a certain class of public or specific individuals for particular purposes (like employees, vehicle crews, workers, or even specific vehicles like a JCB deployed for work) — Where an accident involving a v India Law Library Docid # 2424158
(732) M L PALIWAL Vs. UNION OF INDIA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 20-03-2025 Criminal Procedure Code, 1973 (CrPC) / Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Sections 87, 88 CrPC / Section 72(2) BNSS — Issuance of Non-Bailable Warrant (NBW) upon taking Cognizance — Propriety of issuing NBW at the first instance when cognizance is taken on a complaint filed after investigation, especially where the accused was not arrested during the investigation and appeared before authorities when India Law Library Docid # 2424259
(733) VAIBHAV NAVNATH LOHOKARE Vs. UTTAM DIGAMBAR NAVGHARE AND OTHERS[BOMBAY HIGH COURT] 20-03-2025 Civil Procedure Code, 1908 — Order VII Rule 11(a) & (d) — Rejection of Plaint — Cause of Action and Limitation — Considerations — While deciding an application for rejection of plaint under Order VII Rule 11(a) (disclosure of cause of action) and (d) (bar by limitation), the Court must consider not only the averments in the plaint but also the documents filed along with it — The underlying object is to prevent the protraction of sham or meaningless litigation that is bound to fail, thereby savin India Law Library Docid # 2424281
(734) PRASHANT SAKHARAM ATRE Vs. STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 20-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 479 — Maximum Period of Undertrial Detention — Release on Bail/Bond — Section 479 of BNSS (corresponding to Section 436A CrPC) provides for the release on bail/bond of an undertrial prisoner who has undergone detention for a period extending up to one-half of the maximum imprisonment specified for the offence (excluding offences punishable with death or life imprisonment) — This provision recognizes the constitutional India Law Library Docid # 2424296
(735) AAYAN MULTI TRADE LLP AND OTHERS Vs. SUNITABAI MADHUKAR PATIL AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 20-03-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Sections 34, 35 — Jurisdiction of Cooperative Court — Overriding Effect — Once a secured creditor (Bank) initiates action under the SARFAESI Act concerning secured assets, Section 34 bars the jurisdiction of any Civil Court or other authority, including the Cooperative Court, from entertaining any suit or proceeding regarding matters the Debts Recovery Tribunal is empowered to de India Law Library Docid # 2424313
(736) SALGAOCAR MINING INDUSTRIES PVT. LTD. Vs. STATE OF GOA AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 20-03-2025 Goa Tourist Places (Protection and Maintenance) Act, 2001 — Section 8 — Recovery of Nuisance Removal Costs — Principles of Natural Justice — Audi Alteram Partem — Civil Consequences — An order passed by the Competent Authority under Section 8 of the Act, determining and directing the recovery of expenses and costs incurred in removing a nuisance, invariably results in civil consequences for the person from whom recovery is sought — In the absence of any express or implied exclusion within the st India Law Library Docid # 2424321
(737) NEELESH RAMKARAN YADAV AND OTHERS Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI MAHAPALIKA BHAVAN AND OTHERS[BOMBAY HIGH COURT] 20-03-2025 Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976 — Section 41A — Government Notifications (01.07.2006, 11.08.2009) — Prohibition of Cattle Keeping in Mumbai — Legality of Tabela/Stable Business —Operating a commercial cattle stable/tabela within Mumbai City and Suburban districts (excluding specified areas like Aarey Milk Colony) is prima facie illegal following the State Government’s notification dated 01.07.2006 declaring these urban areas as prohibited for keeping India Law Library Docid # 2424368
(738) SRI M.V. MANJUNATHA AND ANOTHER Vs. SRI. M. MUNISWAMY AND OTHERS[KARNATAKA HIGH COURT] 20-03-2025 Specific Relief Act, 1963 — Section 34 — Suit for Declaration — Maintainability — Requirement of Plaintiff’s Entitlement to Legal Character or Right — Negative Declaration — To maintain a suit for declaration under Section 34, the plaintiff must plead and prima facie establish an existing entitlement to a legal character or a right concerning the property in dispute, which the defendant denies or is interested in denying — A suit seeking a purely negative declaration without the plaintiffs demon India Law Library Docid # 2424392
(739) S. RAJAKUMAR Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 20-03-2025 Service Law — Promotion — Preparation of Panel/Select List — Inclusion of Qualified Candidates — Rule 7(A), Tamil Nadu Revenue Subordinate Service Rules — Reasonableness — The preparation of panels for promotion must be done based on the eligibility and qualification of candidates as per the relevant rules, subject to the availability of vacancies for the relevant panel year — A candidate who is admittedly qualified for inclusion in the panel for a particular year cannot be denied inclusion mere India Law Library Docid # 2424480
(740) RU-AH MINISTRIES Vs. B. ANAND RAJA DURAI[MADRAS HIGH COURT] 20-03-2025 Civil Procedure Code, 1908 (CPC) — Section 51, Proviso (b) — Order XXI Rules 30, 37 — Execution of Arbitral Award — Arrest of Judgment Debtor — Setting Aside Arrest Warrant — Conditional Order — Means to Pay — Where an arbitral award has become final and binding, and the Judgment Debtor (JD), despite admitting the award, has failed to pay any amount towards satisfaction, an order setting aside an ex parte warrant of arrest issued against the JD, subject to the condition of depositing a portion ( India Law Library Docid # 2424463