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(781) PRAHLAD PRASAD RATHOUR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 03-11-2025
Service Law — Termination — Appointment to post of Food Inspector (Ex-Serviceman quota) — Termination after five years of service based on police verification report disclosing involvement in criminal cases registered in 2002 (before recruitment) and subsequent acquittal/compromise in 2007 (before appointment) — Termination upheld by Single Judge on grounds of suppression of material fact (criminal history) and
India Law Library Docid # 2435835

(782) B. K. GHOSH AND OTHERS Vs. STEEL AUTHORITY OF INDIA AND OTHERS[CHHATTISGARH HIGH COURT] 03-11-2025
Lease Renewal — Leasehold rights over property of Steel Authority of India Limited (SAIL) — Right to renewal — Petitioners seeking renewal of 30/33 year leases on plots in Bhilai Steel Plant Township on original terms, challenging the imposition of “Applicable Land Premium” and enhanced charges by SAIL under its 2008 Board Resolutions — Held: Renewal of lease is a fresh grant, not an automatic or vested right of lessee — Renewal is contingent upon mutual agreement and
India Law Library Docid # 2435867

(783) BANGALORE METRO RAIL CORPORATION LTD., EMPLOYEES UNION (REGD.) AND OTHERS Vs. BANGALORE METRO RAIL CORPORATION LTD. AND OTHERS[KARNATAKA HIGH COURT] 03-11-2025
Industrial Disputes Act, 1947 — Section 2(a)(i) and 2(o) — Appropriate Government — Bangalore Metro Rail Corporation Limited (BMRCL) is the "Appropriate Government" for BMRCL for industrial disputes is the Central Government as BMRCL is a "Railway company."
India Law Library Docid # 2435939

(784) SRI B S KIRAN KUMAR AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-11-2025
Constitutional Law — Right to Life (Article 21) — Environment and Public Health — Municipal Solid Waste Management (SWM) — The failure of municipal authorities to effectively implement SWM and address persistent "garbage blackspots" is a violation of the fundamental Right to a clean and healthy environment under Article 21 of the Constitution of India; opacity and inefficiency in SWM are an
India Law Library Docid # 2435940

(785) RAMESH PAL AND OTHERS Vs. IDFC FIRST BANK LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-11-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 17(1) — Application to Debt Recovery Tribunal (DRT) — Limitation Act, 1963 — Applicability of Section 5 (Condonation of Delay) and Sections 4 to 24 (Computation of Period) — The DRT is the only competent forum for the borrower to challenge measures taken by a secured creditor under Section 13(4) and seek restoration of property, as the jurisdiction of Civil Courts is barr
India Law Library Docid # 2435703

(786) MR. ALPHONSA SALDANA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 311 — Evidence Act, 1872 — Section 45 — Expert Opinion — Power to summon material witness — Application seeking expert opinion from Forensic Psychiatry Department (NIHMANS) regarding accused's mental state for defence of insanity — Trial court's discretion — Court may entertain application under Section 45 only if deemed necessary — Opinion of experts is
India Law Library Docid # 2435877

(787) THE VISAKHAPATNAM PORT TRUST AND OTHERS Vs. THE ANDHRA PETROCHEMICALS LIMITED AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-11-2025
Tenders and Contracts — Award of Contract — Judicial Review — Scope — Highest bidder does not acquire any indefeasible right to have the auction concluded in its favour — State or its instrumentalities have the right to refuse the highest/lowest bid and cancel the tender process — Judicial review is concerned with the decision-making process not the merits of the decision — Cancellation of tender process must not be arbitrary, actuated by mala fides, or vitiate statutory provisions — Visakhapatn
India Law Library Docid # 2436223

(788) DOMMETI SRI CHARAN Vs. STATE OF ANDHRA AND ANOTHER[ANDHRA PRADESH HIGH COURT] 03-11-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Penal Code (IPC), 1860 — Sections 420, 493, 312, 376 r/w 34 — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r) and relevant section — Anticipatory Bail — Consideration for anticipatory bail under Section 482 BNSS — Accused facing charges including rape based on promise to marry and SC/ST Act
India Law Library Docid # 2436224

(789) GURUVENDAPALLI NAGARAJU Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 03-11-2025
Criminal Law — Proof — Circumstantial Evidence — Penal Code (IPC), 1860 — Sections 302, 201, and 498-A — Essential requirements of a case based on circumstantial evidence are the complete proof of the chain of events and the motive — Failure of the prosecution to prove the chain of circumstances and the motive of the accused beyond a reasonable doubt warrants acquittal.
India Law Library Docid # 2436225

(790) KORRA KONDABABU Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 03-11-2025
Criminal Law — Penal Code (IPC), 1860 — Section 302 — Murder — Conviction and Sentence — Standard of Proof — Appreciation of Evidence — Ocular evidence (PW1) must be trustworthy and consistent with medical evidence — Evidence of Sole Eyewitness (PW1) found unreliable due to significant delay in lodging First Information Report (FIR), which reached the Magistrate late (03.11.2014 incident, 12.00 noon
India Law Library Docid # 2436226

(791) STATE OF J&K Vs. SANJAY SINGH AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-11-2025
Criminal Law — Acquittal Appeal — Ranbir Penal Code (RPC), Section 306 (Abetment of Suicide) read with Section 107 (Abetment) — Scope of Appellate Reappreciation — High Court, while reviewing an acquittal, must acknowledge the "double presumption" operating in favour of the accused: the fundamental presumption of innocence and the reinforcing presumption arising from the acquittal
India Law Library Docid # 2436272

(792) ABDUL MOIED Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Offences including Sections 147, 148, 149, 307, 332, 353, 395, 427, 435, 120B IPC; Prevention of Damage to Public Property Act, 1984, Section 3/4; and Unlawful Activities (Prevention) Act, 1967 (UAPA), Section 15/16 — Appellant implicated in violence, rioting, and arson during demolition of illegal construction (Malik-ka-Bagicha, Haldwani) — Initial FIRs
India Law Library Docid # 2436502

(793) KRISHNA @ BASU Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-11-2025
Penal Code, 1860 (IPC) Sections 376(3), 506 — Protection of Children from Sexual Offences (POCSO) Act, 2012 — Sections 5(l) and 6 — Conviction for aggravated sexual assault upon a minor — Evidence — Assessment of Evidence — Material contradictions in the testimonies of key prosecution witnesses (PW1, PW3, PW5) regarding the date, manner, and circumstances of the alleged incident (sexual assault and giving tuition)
India Law Library Docid # 2436503

(794) MR. SURESH BAFNA Vs. V.MANGAYARKARASI AMMAL (DIED) BY LRS AND OTHERS[MADRAS HIGH COURT] 03-11-2025
Negotiable Instruments Act, 1881 — Section 118 — Presumption in favour of holder — Suit Promissory Notes — Onus to rebut presumption — Execution of Suit Promissory Notes (Ex-A.2 to Ex-A.5) by defendants for a total sum of Rs.2,04,000/- admitted in a Reply Notice (Ex-A.9) — Documents being duly stamped attract the presumption under Section 118 of the N.I. Act — Defendants failed to rebut this
India Law Library Docid # 2436671

(795) M/S.VEEYAR ENGINEERS AND CONTRACTORS Vs. THE GENERAL MANAGER SOUTHERN RAILWAY HEAD QUARTERS AND OTHERS[MADRAS HIGH COURT] 03-11-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting Aside Arbitral Award — Grounds — Patent Illegality — Fraud and Misrepresentation — Arbitrator's finding that contract was vitiated by fraud based on Railway's reliance on documents (Ex.R1 to R5) regarding fabricated partnership deed number and invalid PAN number, without considering petitioner's explanation (typographical error in document
India Law Library Docid # 2436672

(796) P. BHAVANI Vs. P.RAJESWARI (DECEASED) BY LRS AND OTHERS[MADRAS HIGH COURT] 03-11-2025
Indian Succession Act, 1925 — Sections 232 and 276 — Letters of Administration with Will Annexed — Grant of — Proof of Will — Admitted Execution — Where the execution of a registered Will is admitted by the contesting defendant, the Will is deemed proved, and the non-examination of attesting witnesses is not fatal, as per Section 58 read with Section 70 of the Indian Evidence Act, 1872.
India Law Library Docid # 2436673

(797) R.VIJAYABHASKAR AND OTHERS Vs. STATE BANK OF INDIA[MADRAS HIGH COURT] 03-11-2025
Constitution of India, 1950 — Article 226 — Writ of Certiorari — Scope of Judicial Review — High Court, in exercising certiorari jurisdiction, acts as a supervisory court, not an appellate court — Findings of fact reached by an inferior tribunal (like DRT/DRAT) based on appreciation of evidence cannot be reopened or questioned in writ proceedings — Interference is limited to correcting errors of
India Law Library Docid # 2436674

(798) STATE OF RAJASTHAN AND ORS Vs. NARESH CHANDRA PATEL[RAJASTHAN HIGH COURT] 01-11-2025
Teacher Grade III, Level-I recruitment — Candidate's claim for consideration based on graduation mark-sheet after initial application based on Senior Secondary qualification — Court held non-disclosure of graduation qualification at the time of application and subsequent belated claim to be invalid grounds for relief.
India Law Library Docid # 2435161

(799) SURENDRA SHARMA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing adverse remarks — High Court can exercise inherent powers to expunge adverse remarks against an individual, including a police officer, to prevent abuse of process or secure ends of justice, but this power is exceptional and to be exercised in exceptional cases.
India Law Library Docid # 2435173

(800) M/S DAULAT AND CO. AND OTHER Vs. THE UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025
Central Excise Act, 1944 — Sections 11A(1)(a), 11A(4) — Show cause notice — Limitation — Petitioners challenged show cause notice on grounds that it was beyond limitation and issued under the wrong Act — Petitioners claimed to be traders, not manufacturers, receiving goods from others and collecting GST — Authorities alleged petitioners misrepresented themselves as manufacturers and evaded GST —
India Law Library Docid # 2435174

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