(881) M/S GR INFRAPROJECTS LIMITED Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT] 17-03-2025 Income Tax Act, 1961 — S. 200A(1)(a)(ii) — Processing of TDS Statement — Adjustment for ‘Incorrect Claim’ — Principles of Natural Justice — Audi Alteram Partem — Before making an adjustment on account of an “incorrect claim, apparent from any information in the statement” under S. 200A(1)(a)(ii), the concerned authority is mandatorily required under the principles of natural justice (audi alteram partem) to provide an opportunity of hearing to the deductor — Determining whether a claim is incorr India Law Library Docid # 2424162
(882) BHEEMSEN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 17-03-2025 Service Law — Recruitment — Concealment of Criminal Case in Application — Subsequent Acquittal/Exoneration — Effect on Candidature — Application of Mind by Employer — While non-disclosure of a pending criminal case (FIR) in the initial application form constitutes suppression, the subsequent acquittal or exoneration of the candidate before the final decision on candidature warrants a holistic and objective assessment by the employer, rather than mechanical rejection — The rejection of candidatur India Law Library Docid # 2424185
(883) NAVNEET KUMAR UPADHYAY AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 17-03-2025 Service Law — Contractual Appointment — Renewal/Extension — Applicability of Amended Rules — The renewal or extension of a temporary/contractual appointment, subsequent to the expiry of the original or previously extended term, is governed by the service rules and eligibility criteria prevailing on the date such renewal/extension is considered — An amendment to the rules introducing a mandatory eligibility requirement (such as registration with a professional council), effected after the initial India Law Library Docid # 2424189
(884) NTPC BHEL POWER PROJECTS PVT. LTD. Vs. SHREE ELECTRICALS & ENGINEERS (INDIA) PVT. LTD.[BOMBAY HIGH COURT] 17-03-2025 Arbitration and Conciliation Act, 1996 — Section 34(3) — Limitation Act, 1963 — Section 14 — Applicability to Section 34 Applications — The provisions of Section 14 of the Limitation Act, 1963, which allow for the exclusion of time spent prosecuting proceedings bona fide in a court lacking jurisdiction or similar cause, are applicable to applications filed under Section 34 of the Arbitration and Conciliation Act, 1996 (ACA) for setting aside an arbitral award — Section 43 of the ACA makes the Li India Law Library Docid # 2424282
(885) CHOKHENDRA AND ANOTHER Vs. SUB-DIVISIONAL MAGISTRATE, MAINTENANCE OF SR. CITIZEN TRIBUNAL, CHANDRAPUR AND ANOTHER[BOMBAY HIGH COURT (NAGPUR BENCH)] 17-03-2025 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 16(1) — Right to Appeal — Availability to Children/Relatives — Section 16(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, although literally restricting the right to appeal against an order of the Maintenance Tribunal to only the senior citizen or parent, must be interpreted purposively and by applying the principle of casus omissus (accidental omission) — Considering the potential involvement India Law Library Docid # 2424301
(886) PRAKASH Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 17-03-2025 Prevention of Corruption Act, 1988 — S. 19 — Sanction for Prosecution — Mandatory Requirement — Bar on Cognizance — Section 19(1) imposes an absolute and unambiguous bar on any court taking cognizance of offences punishable under Sections 7, 11, 13, and 15 alleged to have been committed by a public servant, except with the previous sanction of the competent authority specified in clauses (a) to (c) — The grant of sanction is a pre-condition for the court to acquire competence/jurisdiction to tak India Law Library Docid # 2424307
(887) SRI. M RAME GOWDA AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 17-03-2025 Karnataka Civil Services (General Recruitment) Rules, 1977 — Rule 18 — Joining Time for Direct Recruits — Extension and Consequence of Non-joining — Rule 18(1) prescribes a joining period of fifteen days for directly recruited candidates — Rule 18(2) empowers the appointing authority to grant further time for joining upon satisfaction of good and sufficient reasons, by an order in writing — This extension under Rule 18(2) saves the appointment, which would otherwise lapse under Rule 18(3) if the India Law Library Docid # 2424353
(888) MR. VIVEK R NAIR AND ANOTHER Vs. TATA ELXSI LIMITED AND ANOTHER[KARNATAKA HIGH COURT] 17-03-2025 Arbitration and Conciliation Act, 1996 — Sections 2(1)(e), 19, 20 — Place/Venue of Arbitration — Party Autonomy — Exclusive Jurisdiction Clause — Under the Arbitration and Conciliation Act, 1996, parties are free to agree on the place (seat/venue) of arbitration (Section 20(1)) — Once the seat/venue is designated in the arbitration agreement (Bengaluru to the exclusion of all other courts), it confers exclusive jurisdiction on the courts of that place for regulating the arbitral proceedings, aki India Law Library Docid # 2424357
(889) KARNATAKA HIRE PURCHASE ASSOCIATION A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETY REGISTRATION ACT, 1960 Vs. THE STATE OF KARNATAKA THROUGH ITS CHIEF SECRETARY AND OTHERS[KARNATAKA HIGH COURT] 17-03-2025 Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 2025 — Constitutional Validity — Legislative Competence — Manifest Arbitrariness (Article 14) — The Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 2025, promulgated to protect economically vulnerable groups (defined in S.2(g)) from coercive recovery practices and usurious interest rates associated with micro/small loans, is not unconstitutional on grounds of manifest arbitrariness or India Law Library Docid # 2424382
(890) RAHUL SIVASANKAR Vs. CRIMINAL INVESTIGATION DEPARTMENT BY STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 17-03-2025 Penal Code, 1860 — Section 153A — Promoting Enmity Between Different Groups — Essential Ingredients — Freedom of Speech and Expression (Article 19(1)(a)) — To constitute an offence under Section 153A IPC, the words spoken or written must be uttered with a clear, manifest intention to promote disharmony or feelings of enmity, hatred, or ill-will between different religious, racial, linguistic, or regional groups or castes or communities — Criticism of government policy or actions, such as analyzi India Law Library Docid # 2424383
(891) SRI C.N.GOVINDARAJU MANAGING DIRECTOR OF M/S. VAISHNAVI INFRASTRUCTURE PVT. LTD. AND ANOTHER Vs. STATE OF KARNATAKA AND ANOTHER[KARNATAKA HIGH COURT] 17-03-2025 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 175(3) — Reference of Private Complaint for Police Investigation — Mandatory Procedure — Hearing of Police Officer — Section 175(3) BNSS introduces mandatory procedural requirements before a Magistrate orders investigation on a private complaint — Unlike Section 156(3) CrPC, the Magistrate must now, inter alia, consider the submissions of the concerned police officer prior to issuing directions for investigation — Failure to comply with t India Law Library Docid # 2424393
(892) PRABHU Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 17-03-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Interference with Show Cause Notice/Notice of Enquiry — Exceptions — Ordinarily, a writ petition challenging a mere show-cause notice or a notice of enquiry issued by a statutory authority is not maintainable, as it does not constitute a final adverse order affecting rights — The proper course is for the noticee to reply and raise objections, including jurisdictional ones, before the authority — However, the High Court may interfere India Law Library Docid # 2424441
(893) T.VINOTH KUMAR Vs. S. SEKAR AND OTHER[MADRAS HIGH COURT] 17-03-2025 Motor Vehicles Act, 1988 — Section 149 — Liability of Insurance Company — Breach of Policy Condition — No Valid Driving License — Pay and Recover Principle — In a third-party claim arising from a motor accident, the insurer cannot be completely exonerated from its liability to pay compensation to the victim merely because the driver of the insured vehicle (who was also the owner in this case) did not possess a valid driving license at the time of the accident — Following the principles India Law Library Docid # 2424431
(894) JEMINI ANIL AND OTHERS Vs. FOOD SAFETY OFFICER PALA CIRCLE AND ANOTHER[KERALA HIGH COURT] 17-03-2025 Food Safety and Standards Act, 2006 — Sections 42(2), 46(3) Proviso — Timelines for Analysis & Reporting — Mandatory vs. Directory — The time limit of 14 days for the Food Analyst to analyse a sample and send the report (S.42(2), S.46(3)) and the requirement under the proviso to S.46(3) to inform reasons for delay are procedural. Non-compliance is not fatal to prosecution unless it causes prejudice to the accused, particularly concerning the right to get the second sample analysed. India Law Library Docid # 2424555
(895) APPU JOSEPH AND ANOTHER Vs. MAYINKUTTY AND OTHERS[KERALA HIGH COURT] 17-03-2025 Property Law — Title vs. Revenue/Resurvey Records — Resurvey records, being revenue records, do not confer title nor extinguish pre-existing title — Title based on valid documents prevails over incorrect entries in resurvey records — A suit based on title disputing resurvey findings is maintainable. India Law Library Docid # 2424556
(896) HIRARAM Vs. BHAGWATI AND OTHERS[SUPREME COURT OF INDIA] 17-03-2025 Prohibition of Benami Property Transactions Act, 1988 — S. 4 — Bar on Suit/Claim — A claim by a person asserting that properties held in the name of another (mother) or jointly with another (mother) were actually purchased from his own funds falls squarely within the definition of a benami transaction, and any suit or claim to enforce rights in respect thereof by the person claiming to be the real owner is barred under India Law Library Docid # 2424531
(897) STATE OF HARYANA AND OTHERS Vs. TILDA RICELAND PVT. LTD.[SUPREME COURT OF INDIA] 17-03-2025 Punjab Agricultural Produce Markets Act, 1961 — Punjab Agricultural Produce Markets (General) Rules, 1962 — R. 30(5) — Market Fees — Double Levy — Transfer of Stock — Challenge to High Court order holding that transferring agricultural produce stock, on which market fee has already been paid (within or outside the State), from one market committee area to another does not amount to a business transaction or sale liable for additional market fee under Rule 30(5) — High Court found demand for addi India Law Library Docid # 2424604
(898) SUBHASH EKKA Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 17-03-2025 Protection of Children from Sexual Offences Act, 2012 — Section 4 — Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 94 — Determination of Victim’s Age — Proof of Minority — In a prosecution under the POCSO Act, the burden is on the prosecution to prove beyond reasonable doubt that the victim was below 18 years of age on the date of the incident — Where the primary evidence relied upon is a school admission register entry, but the person who made the entry or provided the d India Law Library Docid # 2424708
(899) RUPINENI VENKATA KRISHNA RAO Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 17-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope of Interference — High Court’s inherent jurisdiction under Section 482 Cr.P.C. must be exercised judiciously, cautiously, and sparingly — Court should refrain from acting as an appellate or revisional court or making premature decisions, especially when allegations, such as kidnapping potentially supported by evidence like CCTV footage or messages, necessitate a full-fledged investigation to ascertain truth. India Law Library Docid # 2424723
(900) BHUPATHI GATTUMALLU Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 17-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Delay in Lodging Complaint — Justification — Petitioners sought quashing of FIR registered for offences including kidnapping, extortion, wrongful restraint, and criminal conspiracy — Complaint lodged nearly six years after the alleged incident (Nov 2018) — Petitioners contended delay was unexplained and fatal, while complainant attributed delay to fear of accused No. 1 and lodged the complaint only after accused No. 1’s arrest in an India Law Library Docid # 2424754