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(461) ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 07-10-2025
Civil Procedure — Intervention — Applications for intervention allowed — Parties representing judges initially recruited as Civil Judges and those directly recruited as District Judges allowed to intervene in proceedings concerning career progression.
India Law Library Docid # 2434476

(462) ASHOK SAHADEV PATIL Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 07-10-2025
Constitution of India, 1950 — Article 22(2) — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Sections 47 and 48 — Violation of — Grounds for arrest not supplied in writing and wife not informed — Petitioner's contention that grounds of arrest were not provided in writing and his wife was not informed — Arrest Memo shows receipt of information about arrest and wife's name mentioned, with Petitioner's signature —
India Law Library Docid # 2434518

(463) SUBHADRABAI Vs. SHARAD AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 07-10-2025
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 25 — Power of Appellate Court to frame issues and refer for trial — Appellate court can frame additional issues and refer them for trial to the subordinate court if it finds them essential for a just decision, especially if the trial court omitted to frame or try them. This power is to be exercised judiciously, not routinely.
India Law Library Docid # 2434527

(464) GOKUL YASHWANT GOPNARAYAN Vs. SANGEETA GOKUL GOPNARAYAN[BOMBAY HIGH COURT (NAGPUR BENCH)] 07-10-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Wife — Void marriage — Even if a second marriage is void due to the subsistence of a first marriage, a woman may still be entitled to maintenance under Section 125, CrPC, particularly when the provision is viewed as a measure of social justice to protect women and prevent destitution.
India Law Library Docid # 2434533

(465) P.V.SHALINI Vs. THE STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 07-10-2025
Constitution of India, 1950 — Article 16 — Reservation — Horizontal reservation for women — Implementation of — Government Orders directing implementation of horizontal reservation for women candidates in direct recruitment as per Supreme Court judgments were issued post applicant's notification and interview process — Such G.Os. were clarifications of earlier orders and were applied prospectively from
India Law Library Docid # 2434616

(466) DODDA GANDHI PRASAD Vs. SIRIPURAPU SUDHARSHANA RAO[TELANGANA HIGH COURT] 07-10-2025
Specific Relief Act, 1963 — Section 19 — Enforcement of contract against subsequent transferees — Agreement of sale only confers rights/liabilities between parties — Not binding on third parties like original owners or subsequent agreement holders unless they derive title from a party to the contract.
India Law Library Docid # 2434617

(467) SWARGAM VENKATA SWAMY, DIED PER LRS Vs. ELIGETI PRABHAKAR[TELANGANA HIGH COURT] 07-10-2025
Specific Relief Act, 1963 — Section 12 — Partial Specific Performance — Allowed when unperformed portion is minor, severable, and compensable — Trial court judiciously confined relief to the remaining portion of the property after part was alienated to a third party.
India Law Library Docid # 2434618

(468) PRAVEEN KUMAR GOEL Vs. MRS. BINA KUMARI PARIHAR[UTTARAKHAND HIGH COURT] 07-10-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Complaint for — Quashing of summoning order — Application under Section 482 Cr.P.C. — High Court’s power is extraordinary and residuary, to prevent abuse of process or secure ends of justice, not a substitute for trial or appeal — Magistrate only required to be satisfied that complaint discloses a prima facie case — Court under
India Law Library Docid # 2434677

(469) SURESH CHAND Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 07-10-2025
Penal Code, 1860 (IPC) — Section 302 — Murder — Appeal against conviction — Prosecution case based on testimony of an alleged eyewitness — Court meticulously analyzed evidence, particularly the discrepancies in the timeline and the sequence of events as narrated by prosecution witnesses — Key issues included the delay in naming the accused in the initial police report, inconsistencies in the
India Law Library Docid # 2434678

(470) MAHENDRA PRATAP Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 07-10-2025
Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Petition — Appeal against award — Appeal dismissed for lack of merit — Evidence including FIR, eyewitnesses, and post-mortem report established accident due to rash and negligent driving of offending vehicle — Driver's admission and owner's initial admission through power of attorney corroborated evidence — Retraction of
India Law Library Docid # 2434679

(471) SANJAY KUMAR AND OTHERS Vs. PANCHAYATI AKHADA NIRMALA[UTTARAKHAND HIGH COURT] 07-10-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 10 CPC — Withdrawal of Suit — Trial court permitting unilateral withdrawal of application to withdraw suit and decreeing it without reconsidering the application after affording hearing to both parties, as directed by revisional court, amounts to short-circuiting the process and vitiates the proceedings.
India Law Library Docid # 2434680

(472) GOPI CHAND AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 07-10-2025
Uttarakhand Subordinate Education (Trained Graduate Grade) Service Rules, 2014 — Rule 15(6) — Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 — Section 3(6) — Recruitment — Provisional recommendation list — Reservation policy — Vacancies — Selection process — Candidates belonging to reserved categories securing marks
India Law Library Docid # 2434681

(473) PREM AGGARWAL Vs. MOHAN SINGH AND OTHERS[SUPREME COURT OF INDIA] 07-10-2025
Civil Procedure Code, 1908 — Order 2 Rule 2 — Bar to further suit — First suit for injunction based on potential dispossession was withdrawn without reservation, second suit for specific performance based on the same cause of action (advertisement for sale) was filed — Held, both suits were based on the same cause of action.
India Law Library Docid # 2434701

(474) T. KRISHNASAMY VANDAYAR Vs. M. BHUVANESWARI AND ANOTHER[MADRAS HIGH COURT] 07-10-2025
Civil Procedure Code, 1908 (CPC) — Order 39, Rules 1 & 2 — Temporary Injunction — Cardinal principles — Prima facie case, irreparable injury, and balance of convenience are essential for granting an injunction — An appellate court should not interfere with the discretion of the trial court unless it was exercised arbitrarily, capriciously, or perversely.
India Law Library Docid # 2434786

(475) NAZIM AND OTHERS Vs. THE STATE OF UTTARAKHAND[SUPREME COURT OF INDIA] 06-10-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 154, 11 — First Information Report (FIR) — Omission of names — Significant omission of names of accused in FIR, despite complainant's familiarity with them, raises serious doubt about subsequent implication and suggests possibility of false implication — In cases based solely on circumstantial evidence, every circumstance must withstand rigorous scrutiny.
India Law Library Docid # 2433540

(476) P. RADHAKRISHNAN AND ANOTHER Vs. COCHIN DEVASWOM BOARD AND OTHERS[SUPREME COURT OF INDIA] 06-10-2025
Constitution of India, 1950 — Writ Petition — Scope of enquiry — High Court exceeding the scope of writ petition by issuing directions for fixing license fee and conducting an inquiry by the Chief Vigilance Officer, without putting the appellants on notice. Such directions rendered the appellants worse off in their own writ petition,
India Law Library Docid # 2433541

(477) VINISHMA TECHNOLOGIES PVT. LTD. Vs. STATE OF CHHATTISGARH AND ANOTHER[SUPREME COURT OF INDIA] 06-10-2025
Constitution of India, 1950 — Article 14 and 19(1)(g) — Doctrine of Level Playing Field — Tender Conditions — Suppliers based outside the State excluded by a condition requiring past experience of supplying to Chhattisgarh government agencies — Supreme Court held this to be arbitrary and discriminatory, violating the right to equality and freedom of trade — The condition created an artificial barrier,
India Law Library Docid # 2433542

(478) VINISHMA TECHNOLOGIES PVT. LTD. Vs. STATE OF CHHATTISGARH AND ANOTHER[SUPREME COURT OF INDIA] 06-10-2025
Constitution of India, 1950 — Articles 14 and 19(1)(g) — Tender Conditions — Past Performance Restriction — A tender condition restricting bidders to those who supplied goods to the specific State Government in the past three years is arbitrary and discriminatory, violating the principles of equality and freedom of trade. Such a restriction creates an artificial barrier, excludes competent bidders, and curtails fundamental rights without just cause.
India Law Library Docid # 2433557

(479) BHERU SINGH Vs. SMT. SEEMABAI[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-10-2025
M.P. Accommodation Control Act, 1961 — Section 23-A and 23-J — Eviction application by widow landlord — Widow status and death of husband not challenged — Landlord falls under Section 23-J(iii) — Eviction for bona fide requirement is permissible.
India Law Library Docid # 2433846

(480) SMT. BABITA MOR Vs. CENTRAL MADHYA PRADESH GRAMIN BANK[MADHYA PRADESH HIGH COURT] 06-10-2025
Payment of Gratuity Act, 1972 — Section 4(6)(b)(ii) — Forfeiture of gratuity for offence involving moral turpitude — Requires conviction by a competent court — Dismissal from service based on departmental proceedings alone is insufficient to forfeit gratuity under this section unless a criminal offence involving moral turpitude is proven in a court of law.
India Law Library Docid # 2433847