(561) MISSION ACCESSIBILITY Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 03-12-2025 Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or India Law Library Docid # 2436213
(562) KANGRA CENTRAL COOPERATIVE BANK LIMITED Vs. THE KANGRA CENTRAL COOPERATIVE BANK PENSIONERS WELFARE ASSOCIATION (REGD.) AND OTHERS[SUPREME COURT OF INDIA] 03-12-2025 Constitution of India, 1950 — Article 136 — Special Leave Petition (SLP) — Maintainability of second SLP after dismissal of first SLP and failed review — Where an initial SLP challenging the High Court's judgment on merits is dismissed, and a subsequent Miscellaneous Application (MA) for recall of the dismissal is withdrawn with liberty to file a Review Petition before the High Court, but without liberty to India Law Library Docid # 2437401
(563) THE STATE OF ASSAM AND OTHERS Vs. MUKUT RANJAN SARMA AND OTHERS[SUPREME COURT OF INDIA] 03-12-2025 Service Law — Appointment — Exceptional Appointment Policy — Relaxation of Rules — Appointments made under a State Cabinet approved policy to rehabilitate victims of terrorism/those helping curb terrorism — Challenge to termination of services based on procedural irregularities — High Court upholding appointments finding that relaxation of rules was permissible under the policy, the appointments were cleared by the State Level Empowered Committee (chaired by the Chief India Law Library Docid # 2437402
(564) KIRTI CHOWDHARY Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 03-12-2025 Constitution of India, 1950 — Articles 14, 16, 226 — Judicial Review of Selection Process — Reservation — Merit Migration — General vs. Reserved Category — A reserved category candidate (OBC/BC) who secures marks higher than the cut-off marks for the General category candidates, and has not availed of any substantial relaxation (like age or qualification) other than fee concession, must be mandatorily India Law Library Docid # 2437549
(565) MAHESH JOSHI Vs. DIRECTORATE OF ENFORCEMENT[SUPREME COURT OF INDIA] 03-12-2025 Prevention of Money-Laundering Act, 2002 (PMLA) — Section 45 — Bail — Prolonged incarceration and right to speedy trial under Article 21 of the Constitution of India — Where a trial under PMLA involves voluminous, document-heavy material, and is unlikely to conclude within a reasonable time, continued indefinite detention contravenes the right to personal liberty under Article 21 — Even where stringent conditions are imposed for bail under Section 45(1)(ii) of PMLA, India Law Library Docid # 2437591
(566) ESHITA GUPTA Vs. JAIPUR NATIONAL UNIVERSITY AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-12-2025 Education Law — Student Documents — Withholding of Original Certificates — Release of Documents — An educational institution cannot withhold the original academic documents (Transfer Certificate, Migration Certificate) of a student as leverage or security to compel the payment of balance course fees, even if the student withdraws mid-course; such documents are the individual property of the student and India Law Library Docid # 2437773
(567) TATHYA PRAGNESHBHAI PATEL Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 03-12-2025 Criminal Procedure Code (CrPC), 1973 — Sections 227, 397, 401, 482 — Discharge Application — Framing of Charge — Scope of Judicial Review — At the stage of framing charge, the court examines material in the chargesheet to determine if sufficient grounds exist for trial; it does not sift the evidence to separate grain from chaff — Discharge is warranted only if the evidence, without cross-examination, suggests no India Law Library Docid # 2437842
(568) SHIV ICE FACTORY AND OTHERS Vs. PASCHIM GUJARAT VIJ COMPANY LIMITED[GUJARAT HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Electricity theft — Suit for recovery of supplementary bill amount — Burden of Proof — Allegation of power theft by bypassing meter — Electricity company (Plaintiff) failed to produce cogent evidence, such as laboratory report on the seized meter or video/photography evidence mentioned in the checking report/rojkam, despite allegations of manipulation — India Law Library Docid # 2437843
(569) MAGANLAL JESANGBHAI THR'HEIRS & LEGAL REPR. AND OTHERS Vs. FAKIRBHAI M SOLANKI SINCE DECEASED THROGH LEGAL HEIRS AND OTHERS[GUJARAT HIGH COURT] 03-12-2025 Transfer of Property Act, 1882 — Section 58(c) (Mortgage by conditional sale) and Section 58(d) (Usufructuary mortgage) — Distinction — A document which stipulates that on default of payment of mortgage money on a certain date, the property shall be transferred to the mortgagee (defendant) in society records, and further provides for the return of possession to the mortgagor (plaintiff) upon repayment, constitutes a "Mortgage India Law Library Docid # 2437844
(570) BHAVIKBHAI RASIKLAL PARMAR Vs. VINABEN BHAVIKBHAI PARMAR[GUJARAT HIGH COURT] 03-12-2025 Hindu Marriage Act, 1955 — Section 9 — Restitution of Conjugal Rights — Withdrawal from society without reasonable excuse — Burden of Proof — The section mandates that the aggrieved party can petition for restitution if the other spouse withdraws without reasonable excuse — The Explanation to Section 9 places the burden India Law Library Docid # 2437845
(571) VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 03-12-2025 Criminal Procedure — Bail (Regular) — Principles for grant of bail in economic offences — Economic offences constitute a class apart, involving deep-rooted conspiracies and huge loss of public/investor funds, and must be viewed seriously as grave offences affecting the nation’s economy — The nature of accusation, severity of punishment, character of the accused, apprehension of tampering with evidence/fleeing justice, and larger public interest are paramount considerations when India Law Library Docid # 2437992
(572) RAMESH KUMAR AND ANOTHER Vs. SMT. RAJ KUMARI[UTTARAKHAND HIGH COURT] 02-12-2025 Civil Procedure — Jurisdiction — Remand by Superior Court — Specific Direction to Specified Authority — Where a High Court specifically directs the District Judge to decide a revision afresh, the jurisdiction is person-specific and cannot be delegated or taken up by a subordinate authority (such as an Additional District Judge) unless specifically permitted by the remanding court — Decision India Law Library Docid # 2436523
(573) IMRAN HUMAYUN CHANDIWALA Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Section 55(5) — Cancellation of Certificate of Registration — Grounds for cancellation — Registration obtained on basis of false documents or misrepresentation of facts — Nissan car fraudulently imported and initially registered in name of third party using forged Bill of Entry to evade customs duty — Subsequent registration of car in name of Petitioner (purchaser) — Original India Law Library Docid # 2436986
(574) M/S. BELLA VISTA DRYCLEANERS Vs. VISHWANATH KANOJIA, AKHIL BHARTIYA GENERAL KAMGAR UNION AND ANOTHER[BOMBAY HIGH COURT] 02-12-2025 Industrial Disputes Act, 1947 — Section 36(3) and 36(4) — Representation by legal practitioner before Labour Court — Scope and interpretation — Section 36(3) imposes a complete bar on representation by a legal practitioner in conciliation proceedings or proceedings before a Labour Court/Tribunal, but Section 36(4) provides an exception allowing representation before a Labour Court/Tribunal with (i) India Law Library Docid # 2436988
(575) MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. SANKET DATTATRAYA MISTRI[BOMBAY HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Motor Accident Claim — Negligence — Burden of Proof — Preponderance of Probabilities — The burden of establishing that an accident took place due to the negligence of the offending vehicle's driver (ST bus in this case) is discharged by the claimant on the basis of preponderance of probabilities, supported by evidence like the spot panchnama and FIR statements of co-passengers. India Law Library Docid # 2436989
(576) THE NATIONAL INSURANCE COMPANY LIMITED Vs. SMTI RIMA KOUSHIK SARMAH AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Motor Vehicles Act, 1988 — Compensation — Fatal Accident — Rash and Negligent Driving — Evidence and Proof — Where the eyewitness testimony and Police Charge Sheet confirm that the accident was caused by the rash and negligent driving of the offending vehicle driver (using a mobile phone while riding) and not against the deceased, the finding of negligence against the offending driver is upheld — Contributory negligence cannot be established on the facts presented. India Law Library Docid # 2437251
(577) ARUP RAY AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Service Law — Recruitment — Constable (General Duty) in CAPFs/Assam Rifles (Advertisement 2024)— Physical Standard Test (PST) — Height requirement for candidates from Assam (165 cm) — Rejection based on fractional shortfall (164.5 cm to 164.8 cm) — Challenge to application of rounding-off rule. India Law Library Docid # 2437252
(578) M/S CADILA PRARMACEUTICALS LTD. Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Contract Law — Tender and Procurement — Firm Debarment/Blacklisting — Authority to Issue Order: Where a Letter of Intent specified that any question or dispute regarding the construction of clauses, rights, duties, or liabilities arising out of the agreement, including debarment/blacklisting, shall be subject to the final and binding decision of the Managing Director (Respondent No. 3), the General Manager (Respondent No. 4) lacked the competence and authority to issue the Firm Debarment India Law Library Docid # 2437253
(579) THE EXECUTIVE DIRECTOR AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 02-12-2025 Industrial Disputes Act, 1947 — Reference to Industrial Tribunal — Scope of Adjudication — Unfair Labour Practice — Question referred regarding non-regularization of 6 workmen out of 9 similarly situated workmen as an unfair labour practice and violation of Article 16 of the Constitution — Industrial Tribunal failed to adequately address the unfair labour practice allegation. India Law Library Docid # 2437254
(580) BAIJNATH GANJHU Vs. UNION OF INDIA THROUGH NATIONAL INVESTIGATING AGENCY, NEW DELHI[JHARKHAND HIGH COURT] 02-12-2025 Unlawful Activities (Prevention) Act, 1967 (UAPA) — Bail under UAPA — Section 43D(5) — Delay in Trial — Violation of Constitutional Right to Speedy Trial — Appellant accused of providing logistic support as an Over Ground Worker (OGW) of CPI (Maoist) in connection with a terrorist attack leading to the death of four police personnel — Rigour of Section 43-D(5) can be harmonized with constitutional courts' ability to grant bail on grounds of violation of Part III of the India Law Library Docid # 2436534