(281) CHITHRA AND ANOTHER Vs. SASIKUMAR AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025 Constitution of India — Article 227 — Supervisory Jurisdiction of High Court — Rejection of Plaint — Usurpation of Original Jurisdiction and Supplanting Statutory Remedy under CPC — The supervisory power of the High Court under Article 227 of the Constitution is to be exercised sparingly to ensure subordinate courts and tribunals act within their jurisdiction and not to usurp the original jurisdiction of the trial court or to supplant statutory remedies available under the Code of Civil Procedur India Law Library Docid # 2425504
(282) BALDEI AND OTHERS Vs. HARGIAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Change in nature of suit from permanent injunction to declaration, symbolic possession, specific performance, and consequential permanent injunction — Permissibility at rebuttal stage — Plaintiff initially filed suit for permanent injunction based on agreement to sell/affidavit/panchayatnama of 1994 — Defendants in 2014 written statement disclosed their purchase of suit property vide sale deed of 2014 and pleaded possessi India Law Library Docid # 2425624
(283) NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANGI DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation in fatal accident case — Enhancement sought by Insurance Company (by challenging income assessment and future prospects) and by claimants (under Or. 41 Rule 33 CPC for conventional heads and consortium, despite no appeal/cross-objection) — Deceased aged 36, survived by wife (32), four minor children (3-11 yrs) and parents — Tribunal assessed income at Rs. 10,520/- p.m. (Deputy Commissioner rates), added 50% future prospects, deducted 1/5th fo India Law Library Docid # 2425625
(284) NITISH AND OTHERS Vs. SANDEEP KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Contempt of Courts Act, 1971 — Sections 10, 12 & 19 — Civil Contempt — Disobedience of Writ Court order — Writ Court order dated 24.02.2025 passed on State Counsel’s undertaking that petitioners (employees of a Cooperative Society), if working as on date, would continue till adjudication of ROR (Revision of Resolution) — Respondents (Assistant Registrar Cooperative Societies and Society Manager) found guilty of contempt for not allowing petitioners to work despite appointment letters and joining India Law Library Docid # 2425626
(285) ARYAN GOEL Vs. THE STATE OF PUNJAB[SUPREME COURT OF INDIA] 05-05-2025 Criminal Procedure – Special Leave Petition – Pre-Arrest Bail – Grant of interim protection made absolute where petitioner cooperated with investigation. India Law Library Docid # 2425654
(286) LATA GOYAL Vs. THE UNION OF INDIA AND ANOTHER[CHHATTISGARH HIGH COURT] 05-05-2025 Constitution of India, 1950 — Article 226 — Maintainability of Writ Petition — Against Autonomous Institutions — Indian Institute of Management (IIM) Raipur — Whether amenable to writ jurisdiction in employment matters — IIM, established under the Indian Institutes of Management Act, 2017, possessing perpetual succession and a common seal, empowered to contract and sue/be sued in its own name — Governed by its own Board of Governors (BoG) with administrative and financial independence — Act of 2 India Law Library Docid # 2425690
(287) SANJEEV GUPTA Vs. CENTRAL UNIVERSITY OF JAMMU[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025 Service Law — Promotion — Rules Governing Promotion — Vacancies arising prior to amendment of rules — Whether governed by old rules or amended rules — Long-standing principle that vacancies are governed by rules in force at the time of accrual — Supreme Court’s overruling of earlier position — Rules in force at the time of consideration for promotion govern the process — Employer’s right to abandon earlier process and initiate new India Law Library Docid # 2425858
(288) AMANULLAH KHAN Vs. UOI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025 Land Acquisition Act, J&K — Compensation — Loss caused to brick kiln due to widening of National Highway — Brick kiln established on leased land — Damage and closure forcing shutdown — Revenue authorities, after joint inspection with acquiring authority representatives, find portion of brick kiln land utilized for road and construction raised thereon — Acquiring authority disputing report and rejecting it at their level without due process — Revenue authorities have power to demarcate land; thei India Law Library Docid # 2425859
(289) STATE OF GUJARAT Vs. RAMESH SOMABHAI AMALIYAR AND OTHERS[GUJARAT HIGH COURT] 05-05-2025 Criminal Procedure Code, 1973 — Section 378(1)(3) — Appeal against Acquittal — Scope of Interference — Appellate Court’s full power to review evidence notwithstanding, it must be slow to disturb factual findings by Trial Court having seen witnesses — Acquittal strengthens presumption of innocence — Interference proper only where judgment is perverse, contrary to material, palpably wrong, manifestly erroneous, or demonstrably unsustainable — Mere possibility of another view is insufficient to con India Law Library Docid # 2425978
(290) LAND ACQUISITION AND REHABILITATION OFFICER AND ANOTHER Vs. LAVAR RAJABHAI NAGJIBHAI[GUJARAT HIGH COURT] 05-05-2025 Land Acquisition Act, 1894 — Section 28 — Additional Compensation — Determination of Market Value Basis — Principle — Opinion of Experts — Valuation Committee Report — Valuation Committee report comprising expert body (Collector, Town Planning Officer, etc.) is a valid basis for determining market value in land acquisition cases; its estimation is expert evidence and can form a relevant piece of evidence, though dislodgeable by contrary evidence India Law Library Docid # 2425979
(291) MANIRAM SANTRAM KAPDI Vs. JANAKSINH MERUBHA ZALA AND OTHERS[GUJARAT HIGH COURT] 05-05-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Compensation — Amputation of Leg — Assessment of Disability — Claimant, a labourer, suffered amputation of right leg below knee in a vehicular accident — Doctor assessed permanent physical disability at 90% of right lower limb — Cross-examination of doctor did not negate this assessment — Considering claimant’s occupation as a labourer and the nature of injury, functional disability assessed at India Law Library Docid # 2425980
(292) NILESHBHAI BABUBHAI VAGHASIYA AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 05-05-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — Inherent Powers — Exercise of inherent powers to quash FIR and consequential proceedings where allegations, taken on face value, do not prima facie constitute any offence — FIR alleging abetment of suicide and offence under SC/ST Act — Allegations primarily relate to work conditions and alleged pressure to resign — Absence of necessary ingredients for alleged offences justifies quashing India Law Library Docid # 2425981
(293) DIPAK SANYAL Vs. NARAYAN KEJRIWAL AND ANOTHER[GAUHATI HIGH COURT] 05-05-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Scope of — Power of High Court to interfere with findings of fact of first appellate court — Revisional jurisdiction confined to examining if finding of facts recorded by first appellate court/authority is according to law and free from error of law — High Court can interfere if finding is perverse, without consideration of material evidence, based on no evidence or misreading, or grossly erroneous leading to gross miscarriage of justice — Re India Law Library Docid # 2426144
(294) KALYANI TRANSCO Vs. M/S.BHUSHAN POWER AND STEEL LTD. AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025 Insolvency and Bankruptcy Code, 2016 – Section 62 – Appeal to Supreme Court – “Person Aggrieved” – Locus Standi – The phrase “any person aggrieved” in Section 62 indicates no rigid locus requirement for appealing an NCLAT order to the Supreme Court — Once CIRP is initiated, proceedings become in rem, making all creditors and other necessary stakeholders (including operational creditors and erstwhile promoters whose appeals were dismissed by NCLAT) potentially “persons aggrieved” entitled to file India Law Library Docid # 2425313
(295) SHANMUGAM @ LAKSHMINARAYANAN Vs. HIGH COURT OF MADRAS[SUPREME COURT OF INDIA] 02-05-2025 Contempt of Courts Act, 1971 — Sections 2(c)(iii) & 12 — Criminal Contempt — Forgery and Fabrication of Court Orders — Interference with Administration of Justice — Creating fake interim orders of the High Court, purportedly staying execution of a decree, and producing such forged orders before the executing court (Court Amin) to prevent execution constitutes a gross act of criminal contempt under Section 2(c)(iii), being one of the most serious forms of interference with India Law Library Docid # 2425314
(296) P. SAKTHI Vs. THE GOVERNMENT OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025 Service Law — Promotion — Right to Consideration — Effect of Set Aside Punishment — An employee possesses a fundamental right to be considered for promotion when eligible as per the rules and when selections are conducted — Denial of such consideration based on a past punishment is legally unsustainable and unjust if that punishment has already been set aside by a competent authority prior to the consideration period. India Law Library Docid # 2425315
(297) AMAN BHATIA Vs. STATE (GNCT OF DELHI)[SUPREME COURT OF INDIA] 02-05-2025 Prevention of Corruption Act, 1988 — Section 2(c)(i) — “Public Servant” — Interpretation — Legislative Intent — Public Duty — The definition of “public servant” in Section 2(c) is comprehensive and requires a wide, purposive interpretation to advance the Act’s object of curbing corruption — The legislative intent, shifting from the repealed 1947 Act, emphasizes the performance of ‘public duty’ rather than solely the traditional master-servant or principal-agent relationship or mode of appointmen India Law Library Docid # 2425316
(298) K.R. SURESH Vs. R. POORNIMA AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025 Contract Act, 1872 — Section 74 — Specific Relief Act, 1963 — Section 22 — Forfeiture of Earnest Money vs. Advance Money — Distinction and Applicability of S. 74 — Earnest money serves a dual purpose: part-payment and security for performance — Its forfeiture upon the purchaser’s default, if reasonable and explicitly provided for, generally falls outside the scope of penalty under Section 74 of the Contract Act — Conversely, forfeiture of ‘advance money’ (mere part-payment) or stipulations by wa India Law Library Docid # 2425317
(299) ASF BUILDTECH PRIVATE LIMITED Vs. SHAPOORJI PALLONJI AND COMPANY PRIVATE LIMITED[SUPREME COURT OF INDIA] 02-05-2025 Arbitration and Conciliation Act, 1996 – Sections 2(1)(h), 7, 16 & 19 – Power of Arbitral Tribunal to Implead Non-Signatories – Group of Companies Doctrine and Mutual Consent – An Arbitral Tribunal possesses the authority and jurisdiction, rooted in Sections 2(1)(h) and 7 and exercisable under Section 16, to determine whether a non-signatory is bound by the arbitration agreement and, if so, to implead such non-signatory as a party to the arbitration proceedings — This power derives from the foun India Law Library Docid # 2425318
(300) DR. VIMAL SUKUMAR Vs. D. LAWRENCE AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025 Church Law / Ecclesiastical Law — Church of South India (CSI) — Constitution and Bye-Laws — Amendments — Validity — Procedure — Assessment of the validity of amendments proposed/passed concerning the CSI Constitution (increasing retirement age of clergy) and Bye-Laws (qualifications of office bearers) during a Special Synod Meeting on 07.03.2022. India Law Library Docid # 2425323