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(781) RAMEHKUMAR AND OTHERS Vs. .THE COMMISSIONER OF LAND ADMINISTRATION, CHEPAUK, CHENNAI AND OTHERS[MADRAS HIGH COURT] 19-03-2025
Land Law — Government Grants — Assignment of Land — Cancellation for Breach of Conditions — Limitation — Reasonable Time — The power to cancel an assignment of government land for alleged breach of conditions, such as non-cultivation within the initial period or assignees providing false particulars, must be exercised within a reasonable time — Initiating cancellation proceedings after a significant delay (here, 21 years after the assignment) based on an assessment made
India Law Library Docid # 2424426

(782) SREEKUMARAN NAIR AND OTHERS Vs. THE STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 19-03-2025
Land Law — Title Dispute — Binding Nature of Civil Court Decrees on Revenue Authorities — Res Judicata — Tamil Nadu [Transferred Territory] Ryotwari Settlement Act, 1964 (Act 30 of 1964) — Scope of Settlement Proceedings — A decree passed by a competent Civil Court declaring title to land against the State (including a predecessor State like Travancore prior to States’ reorganisation) is binding on the revenue and settlement authorities of the successor State (Tamil Nadu)
India Law Library Docid # 2424427

(783) M. KASTHURI Vs. THE STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 19-03-2025
Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Act 10/1997) — Section 7(2), 7(3) — Compensation by Agreement — Validity — Timing of Agreement — Free Consent — An agreement purportedly entered into under Section 7(2) of the Act regarding the amount of compensation is invalid if it is executed after the award determining compensation has already been passed — For a valid agreement under Section 7(2), it must precede the award — Furthermore, consent obtained from landowners under
India Law Library Docid # 2424433

(784) M/S PAS CONSTRUCTION AND ENGINEERING COMPANY PRIVATE LIMITED Vs. THE STATE OF RAJASTHAN AND ANOTHER[SUPREME COURT OF INDIA] 19-03-2025
Criminal Procedure Code, 1973 — S. 173(2), S. 482 — Acceptance of Negative Final Report — Interference by High Court/Supreme Court — FIR lodged by employee of Sub Registrar's office based on suspicion of fraud/impersonation during presentation of conveyance deed — Police investigated and filed a negative final report (closure report) — Magistrate accepted the report — Petitioner (claiming interest in the property and alleging impersonation by the presenter of the deed) challenged acceptance befo
India Law Library Docid # 2424649

(785) TRILOKCHANDRA SIADARA Vs. SMT. VIDYAWATI KASHYAP AND OTHERS[CHHATTISGARH HIGH COURT] 19-03-2025
Specific Relief Act, 1963 — Section 16(c) (as it stood prior to 2018 amendment) — Readiness and Willingness — Proof of Financial Capacity — In a suit for specific performance of an agreement to sell immovable property, the plaintiff must plead and prove continuous readiness and willingness to perform their part of the contract from the date of execution until the decree — Readiness includes demonstrating financial capacity — Failure to adduce evidence showing availability of sufficient funds to
India Law Library Docid # 2424704

(786) DHARAMVEER SHARMA Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 19-03-2025
Service Law — Departmental Enquiry — Disagreement with Inquiry Officer’s Findings — Opportunity of Hearing — When a disciplinary authority disagrees with the findings of the inquiry officer (who has exonerated the delinquent employee), it must record its tentative reasons for disagreement and provide the delinquent employee with an opportunity to make a representation against the proposed disagreement before recording final findings and imposing punishment — Failure to provide such an opportunit
India Law Library Docid # 2424705

(787) SRI SANTOSH SATNAMI @ HRIDAY SANTAL Vs. STATE OF TRIPURA[TRIPURA HIGH COURT] 19-03-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 4(2) — Evidence Act, 1872 — Sections 3, 63, 65 — Proof of Victim’s Age — Primary vs. Secondary Evidence — To sustain a conviction under the POCSO Act, the prosecution must establish beyond reasonable doubt that the victim was a minor at the time of the offence — Where the prosecution relies on documentary evidence (like a school certificate) to prove age but fails to produce the primary evidence (original school admissio
India Law Library Docid # 2424740

(788) ROHITH CANVASSING, REP.BY ITS SOLE PROPRIETOR S. VIJAY KUMAR Vs. SRI VENKATESHWARA TRADERS, REP. BY ITS PROPRIETOR, T. RAJENDER REDDY[TELANGANA HIGH COURT] 19-03-2025
Civil Procedure Code, 1908 — Order 37 Rule 3(5) — Summary Suit — Leave to Defend — Principles for Grant — Conditional vs. Unconditional Leave — Principles governing grant of leave to defend in summary suits under Order 37, Rule 3(5) CPC, as reiterated in B.L. Kashyap & Sons Ltd. vs. JMS Steels & Power Corpn., (2022) 3 SCC 294. Grant of leave (conditional or unconditional) is the ordinary rule; denial is the exception — Unconditional leave is granted if defendant shows a substantial defence (like
India Law Library Docid # 2424759

(789) KALVAKUNTLA TARAKA RAMA RAO Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 19-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 173(2) (CrPC S.155(2)) — Non-Cognizable Offences — Permission to Investigate — Where the initial complaint discloses only non-cognizable offences, police officers cannot investigate without an order from a Magistrate.
India Law Library Docid # 2424766

(790) ANUMULA REVANTH REDDY Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 19-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR/Proceedings — Abuse of Process — The inherent power to quash criminal proceedings must be exercised sparingly and in the rarest of rare cases — Proceedings are liable to be quashed if the allegations, taken at face value, do not prima facie constitute any offence, or if continuation amounts to an abuse of the process of law, such as when initiated with mala fide intent or for wreaking vengeance
India Law Library Docid # 2424780

(791) JOE KING, HEAD, AUDI INDIA AND ANOTHER Vs. PATTON INTERNATIONAL LIMITED[CALCUTTA HIGH COURT] 19-03-2025
Penal Code, 1860 — Sections 34, 120B, 415, 418, 420 — Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — Vicarious Liability of Company Directors/Officials — Necessity of Impleading Company — Criminal proceedings initiated against directors or officials of a company for offences like cheating (Sections 418, 420 IPC) allegedly committed in the course of the company’s business are not maintainable if the company itself, the principal entity, is not arrayed as an accused — In t
India Law Library Docid # 2425217

(792) STATE OF RAJASTHAN Vs. CHATRA[SUPREME COURT OF INDIA] 18-03-2025
Evidence Act, 1872 — Sections 118 and 119 — Competency of a Child Witness — No hard and fast rule can be laid down for testing the competency of a child witness to testify at trial; the Trial Judge must assess the child's ability and competence to understand questions and provide rational answers
India Law Library Docid # 2423557

(793) PARMINDER SINGH Vs. HONEY GOYAL AND OTHERS[SUPREME COURT OF INDIA] 18-03-2025
Motor Accident Claims — Assessment of Income for Compensation — When assessing income for compensation, the court should consider the claimant's credentials, qualifications, and potential earnings, rather than just their current income — Income assessment should be realistic and consider future prospects.
India Law Library Docid # 2423558

(794) SAJITHABAI AND OTHERS Vs. THE KERALA WATER AUTHORITY AND OTHERS[SUPREME COURT OF INDIA] 18-03-2025
Kerala Public Health Engineering Subordinate Service Rules, 1966 — Kerala Public Health Engineering Service Special Rules, 1960 — Separate Service Rules Apply — The Subordinate Service Rules, 1966 and Special Rules, 1960 govern separate services, with distinct rules for appointments, promotions, and conditions of service.
India Law Library Docid # 2423559

(795) ZAID SHEIKH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[SUPREME COURT OF INDIA] 18-03-2025
Education Law — Admission — Conditional Admission and Subsequent Compliance — A student conditionally admitted to a course, pending fulfillment of eligibility criteria (e.g., passing a subject), can regularize their admission by subsequently meeting the condition.
India Law Library Docid # 2423560

(796) DISORTHO S.A.S. Vs. MERIL LIFE SCIENCES PRIVATE LIMITED[SUPREME COURT OF INDIA] 18-03-2025
Arbitration and Conciliation Act, 1996 — Sections 2(2) and 11(6) — Determining Jurisdiction in Trans-Border Arbitration — The interaction between lex-contractus, lex-arbitri, and lex-fori can lead to complexities in determining jurisdiction in trans-border arbitration cases.
India Law Library Docid # 2423561

(797) BANK OF INDIA AND OTHERS Vs. MUTHYALA SAIBABA SURYANARAYANA MURTHY AND ANOTHER[SUPREME COURT OF INDIA] 18-03-2025
Bank of India (Employees’) Pension Scheme, 1995 — Pension Scheme — Publicized deadline — A Division Bench of the High Court erred by overturning a Single Judge's dismissal of a writ petition from a retired employee who failed to opt for a pension scheme within the publicized deadline and did not demonstrate a denial of a legal right — Supreme Court allowed the Bank’s appeal, setting aside the High Court's order that had permitted a retired employee to belatedly join a pension scheme — The Supre
India Law Library Docid # 2423658

(798) YOGESH KUMAR Vs. THE STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 18-03-2025
Service Law —Claim of Salary — High Courts exercising jurisdiction under Article 226 should not take a hyper-technical view in matters of salary for employees who have rendered actual service — The Supreme Court allowed an appeal challenging the dismissal of a claim for salary by stenographers who were initially appointed in excess of advertised vacancies and worked for eight years before termination — Despite a prior suggestion to pursue a civil action, the Court held that the High Court erred
India Law Library Docid # 2423727

(799) BASHARAT HUSSAIN Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-03-2025
Penal Code, 1860 (IPC) — Sections 341, 323, 504 , 147 and 188 — Non-consideration of bail orders granted to a detenu in the FIRs that form the basis of a preventive detention order demonstrates non-application of mind by the detaining authority and renders the detention order unsustainable in law — The High Court allowed a habeas corpus petition and quashed a preventive detention order issued under the Public Safety Act — The court found that the detaining authority failed to consider the fact t
India Law Library Docid # 2423817

(800) BHUPINDER SINGH MEHTA AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 18-03-2025
Service Law — Contractual employees — Contractual employees engaged by government-funded societies performing governmental functions for an extended period are entitled to consideration for regularization on par with other state government contractual employees, and denial of such can be discriminatory under Articles 14 and 16 of the Constitution of India — Writ petition by contractual computer operators engaged through a government society (CAMPA) for over two decades performing governmental fu
India Law Library Docid # 2423804