(541) TSEWANG THINLES Vs. U. T. OF LADAKH AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Protection of Children from Sexual Offences Act, 2012 — Section 34(2) — Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 94 — Age determination of victim — Special Court’s jurisdiction and procedure — Section 34(2) of POCSO Act empowers Special Court to determine age of a person (whether offender or victim) whenever a question arises in any proceeding — Procedure under Section 94 of JJ Act applies for victim age determination — Section 94 prescribes tiered approach: school India Law Library Docid # 2425818
(542) JAMMU COOPERATIVE HOUSE BUILDING SOCIETY APNA VIHAR KUNJWANI JAMMU Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Jammu and Kashmir Employees’ Provident Funds and Miscellaneous Provisions Act, 1961 — Section 1(4) — Voluntary Coverage — Requirement of Notification — Applicability of the Act to an establishment, not otherwise covered, becomes final only after a notification to this effect is published in the Official Gazette — Non-publication of such notification renders proceedings regarding registration and coverage non est in law — This requirement is not merely ministerial but integral to making the Act a India Law Library Docid # 2425819
(543) NAZIR AHMED SHAH Vs. U.T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Jammu & Kashmir Waqf Act, 1978 — Section 6(1) — Waqf Property — Challenge to Notification — SRO No. 351 dated 23.08.1982 declaring land as Waqf property — Petitioner claiming ancestral ownership based on document from villagers in 1973 Bikrami (1916-17 AD) — Document interpreted as bestowing land upon predecessor-in-interest in capacity of Manager/Majawar of Shrine, not personally — Revenue records consistently showing Shrine as owner since 1969 — Petitioner’s possession found to be as Manager/M India Law Library Docid # 2425820
(544) DES RAJ AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Jammu & Kashmir Agrarian Reforms Act — Sections 4 & 8 — Mutation of Rights — Challenge to — Limitation — Petitioners challenging mutations attested under the Act after a delay of three decades — Allegation of lack of knowledge dispelled by evidence of predecessors’ presence and consent to earlier inheritance mutation of respondent’s predecessor — Knowledge of joint tenancy established through earlier inheritance mutation — Proprietary rights properly India Law Library Docid # 2425821
(545) SUBHASH CHAND MEHENDRA (SINCE DECEASED) THROUGH HIS LRS Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 24-04-2025 Civil Procedure Code, 1908 — Order 47 Rule 1; Section 114 — Review — Scope of — Three broad components for review are aggrieved person, when review can be sought, and grounds; power exercised subject to grounds listed: discovery of new evidence, mistake/error apparent on face of record, or any other sufficient reason — Any other sufficient reason’ means reasons analogous to previous grounds — Subsequent events generally not a ground for review of order India Law Library Docid # 2425890
(546) KANTILAL NAGJIBHAI ZALAVADIYA AND OTHERS Vs. PRAKASHBHAI CHHAGANBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 24-04-2025 Constitution of India — Article 227 — Power of Superintendence — Interference in interlocutory orders of subordinate courts — Exercised to quash an order rejecting withdrawal of suit where co-plaintiffs lacked proprietary interest in suit property and underlying dispute was settled by compromise decree in another suit. India Law Library Docid # 2425995
(547) SHRI PINAKI PRASAD BISWAS AND OTHERS Vs. SMTI. MANDIRA DANDA AND OTHERS[GAUHATI HIGH COURT] 24-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Concurrent Findings of Fact — The High Court in second appeal lacks jurisdiction to interfere with concurrent findings of fact by the trial court and first appellate court — Such interference is permissible only if material or relevant evidence is not considered, or if findings are based on inadmissible evidence — Where both courts considered pleadings, evidence, and relevant India Law Library Docid # 2426207
(548) RAJU NARYANA SWAMY Vs. STATE OF KERALA AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Service Law — Promotion — Indian Administrative Service (IAS) — Chief Secretary Grade — Consideration of Annual Confidential Reports (ACRs/PARs) — ‘Washed Off’ Principle — Adverse entries prior to earlier promotion — In considering promotion to the highest echelons of civil service, the entire service record of the officer may be examined — However, adverse entries recorded prior to an earlier promotion are generally treated as having lost their sting (‘weak material’), unless such entries perta India Law Library Docid # 2424965
(549) MUPPIDI LAKSHMI NARAYANA REDDY AND OTHERS Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — Matrimonial dispute — Allegations against relatives of husband — Where allegations against the husband's relatives (appellants residing in Hyderabad) concerning dowry demands related to a marriage based in Guntur are omnibus and general in nature, lacking specific details or dates of their alleged visits or acts of instigation or demand, such prosecution is unsustainable. India Law Library Docid # 2424966
(550) STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR[SUPREME COURT OF INDIA] 23-04-2025 Criminal Appeal — Appeal Against Acquittal — Scope of Interference — The Supreme Court ordinarily refrains from interfering with a judgment of acquittal rendered by the High Court, particularly when the High Court’s assessment of the evidence presents a plausible view of the matter. India Law Library Docid # 2424967
(551) PRAMILA DEVI AND OTHERS Vs. THE STATE OF JHARKHAND AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025 Criminal Procedure Code, 1973 — Sections 190, 204 — Cognizance on Police Report — Requirement of Reasons — An order taking cognizance of offences based upon a police report (chargesheet) and accompanying materials does not necessitate the recording of detailed or elaborate reasons articulating the basis for satisfaction — Indication in the order that the Magistrate/Judge has perused the relevant materials (like ‘case diary and case record’) and formed an opinion that a prima facie case is India Law Library Docid # 2424968
(552) SIVAKUMAR Vs. THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025 Criminal Procedure Code, 1973 – Section 482 – Quashing of Chargesheet – Lack of Involvement – Where the undisputed facts demonstrate that the accused-appellant assumed the relevant managerial position significantly after the alleged criminal transaction (auction sale and issuance of sale certificate under SARFAESI Act) concluded, and had no role, authority, or involvement in the process leading to the allegations (cheating, forgery by suppression of encumbrance), the continuation of criminal pro India Law Library Docid # 2424969
(553) STATE OF SIKKIM AND OTHERS Vs. DR. MOOL RAJ KOTWAL[SUPREME COURT OF INDIA] 23-04-2025 Service Law — Leave Encashment — Sikkim Government Services (Leave) Rules, 1982 — Rule 36 — Scope and Applicability — The entitlement to cash payment in lieu of unutilized earned leave under Rule 36 is specifically available to a Government servant who retires from service under the Sikkim Government Service Rules, 1974 (Service Rules), upon attaining the age of superannuation — This benefit is capped at a maximum of 300 days’ leave salary standing at credit on the date of India Law Library Docid # 2424970
(554) RAJEEV GUPTA AND OTHERS Vs. PRASHANT GARG AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Limitation Act, 1963 — Articles 58, 59 & 65 — Composite suit involving cancellation of instrument and recovery of possession — Where a suit necessitates seeking cancellation of registered sale deeds as the primary relief to effectively recover possession, the limitation period is governed by Article 59 (three years from when the facts entitling cancellation first become known), not the longer period under Article 65 for possession based on title — Abandoning the cancellation prayer or seeking de India Law Library Docid # 2424971
(555) MAHARANA PRATAP SINGH Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Administrative Law — Disciplinary Proceedings — Validity of Chargesheet — Natural Justice — Disciplinary proceedings initiated based on a chargesheet that is vague, indefinite, lacks material particulars, and does not conform to applicable procedural rules (Rule 55, Civil Services (Classification, Control and Appeal) Rules, 1930, requiring specific charges and a statement of allegations) are vitiated from inception, as they deny the charged employee a proper and reasonable opportunity to defend India Law Library Docid # 2424972
(556) STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATI RAJ, LUCKNOW Vs. RAM PRAKASH SINGH[SUPREME COURT OF INDIA] 23-04-2025 Administrative Law — Disciplinary Proceedings — Conduct of Enquiry — Natural Justice & Procedural Fairness — U.P. Government Servants (Discipline and Appeal) Rules, 1999 — Rule 7(vii) — An enquiry conducted in disregard of Rule 7(vii) of the 1999 Rules, where no witnesses are examined in support of the charges, documents relied upon (including those from a preliminary enquiry) are neither supplied to the delinquent nor proved by competent witnesses, and findings are arrived at merely on the basi India Law Library Docid # 2424973
(557) HUSSAIN AHMED CHOUDHURY AND OTHERS Vs. HABIBUR RAHMAN (DEAD) THROUGH LRs AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Specific Relief Act, 1963 — Sections 31 & 34 — Suit for Declaration of Title and Possession — Cancellation of Subsequent Instrument Executed by Stranger — Necessity — A plaintiff seeking declaration of title based on a valid prior instrument (Gift Deed) and recovery of possession is not obligated under law to seek the consequential relief of cancellation (under Section 31) of a subsequent registered instrument (Sale Deed) executed concerning the same property by a third party who is a stranger t India Law Library Docid # 2424974
(558) RAMACHANDRAIAH AND ANOTHER Vs. M. MANJULA AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Constitution of India — Article 226 — Criminal Procedure Code, 1973 — Sections 156(3), 173(8), 482 — Power to Direct CBI Investigation — Constitutional Courts (High Court under Article 226 and Supreme Court) possess extraordinary power to direct investigation by the Central Bureau of Investigation (CBI) or order further investigation/re-investigation, including transferring investigation from one agency to another — This power is to be exercised sparingly, cautiously, and in exceptional circumst India Law Library Docid # 2424975
(559) SRI SHRIKANTH NS AND OTHERS Vs. K. MUNIVENKATAPPA AND ANOTHER[SUPREME COURT OF INDIA] 23-04-2025 Civil Procedure Code, 1908 — Order 11 Rule 14 & Order 7 Rule 11 — Scope of First Appeal against Rejection of Plaint — Production of Documents — The power of the court under Order XI Rule 14 to order production of documents is exercisable during the pendency of a suit — Where a suit has been dismissed by the Trial Court by rejecting the plaint under Order VII Rule 11, the First Appellate Court, while examining the correctness of such rejection (which primarily involves scrutinizing the plaint's c India Law Library Docid # 2424976
(560) BIJENDER SINGH Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 23-04-2025 Service Law — Disability Pension — Armed Forces — Entitlement Rules for Casualty Pensionary Awards, 1982 — Rules 5, 9 & 14(b) — Presumption of Soundness and Attributability/Aggravation — A member of the armed forces is presumed to be in sound physical and mental condition upon entering service, unless a specific disability is noted at the time — Subsequent deterioration in health leading to discharge on medical grounds is presumed attributable to or aggravated by military service (Rule 5) — If n India Law Library Docid # 2424977