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(61) RAJIV SONI Vs. ICICI BANK[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 02-12-2025
Constitution of India, 1950 — Articles 19(1)(g) and 21 — Right to travel abroad — Scope — The right to travel abroad is a facet of "personal liberty" guaranteed under Article 21 and is a fundamental right — This right can be regulated or deprived only by ‘enacted law’ or ‘State law’ and according to the procedure established by law — In the absence of specific statutory power under the Act regulating this right
India Law Library Docid # 2436286

(62) 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

(63) 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

(64) TMT.R.SANTHI AND OTHERS Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 02-12-2025
Registration Act, 1908 — Section 28 — Validity of Sale Deed — Registration outside Local Jurisdiction — Prior to the Registration (Tamil Nadu Amendment) Act, 1997, there was no prohibition on registering a document before any Sub-Registrar Office where whole or a portion of the immovable property existed; payment of differential stamp duty and registration fees later under Section 19B of the Indian
India Law Library Docid # 2436680

(65) CHANDAN PASI AND OTHERS Vs. THE STATE OF THE BIHAR[SUPREME COURT OF INDIA] 01-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable
India Law Library Docid # 2436114

(66) TENNETI MEENAKSHI RAJASEKHAR Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-12-2025
Andhra Pradesh Municipal Corporations Act, 1955 — Sections 452(1) and 461(1) — Unauthorized Construction — Complaint by neighbor — Deviations from Sanctioned Plan — Compounding and Regularization — Where construction deviations are claimed to be minor (less than 10% of constructed area) and within permissible limits for compounding under GOMs.No.119, the authorities must first determine the extent of deviation before ordering demolition — Petitioners (builders)
India Law Library Docid # 2436118

(67) ABDUL AZIZ PEER Vs. U.T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 01-12-2025
Writ Petition — Quashing of Administrative Order — Challenge to Order of Deputy Commissioner directing seizure of all illegal Rice Husking Machines, Bandsaw and Tractor Based Machines — Petitioner, operating a Movable Tractor Mounted Rice Husking Machine, claimed order was without jurisdiction and interfered with his right to trade — Petitioner relied on NOCs/permissions from State Pollution Control Board and
India Law Library Docid # 2436236

(68) M/S JEEWAN MOTORS PRIVATE LIMITED THROUGH ITS DIRECTOR Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-12-2025
Constitution of India, 1950 — Articles 14, 19(1)(g), 19(6), 226, 245(1), 246(3) — Seventh Schedule, List II, Item 28 — Constitutional validity of Statute — Challenge to Section 6 of The Gwalior Vyapar Mela Pradhikaran Adhiniyam, 1996 — Grounds for striking down legislative enactment — A legislative enactment can be struck down only on two grounds: (i) lack of legislative competence, or (ii) violation or
India Law Library Docid # 2436292

(69) VICTIM X Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 01-12-2025
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 — Rule 12(4) and Annexure-I — Compensation/Relief Amount to Victim — Entitlement — Victim turning hostile resulting in acquittal of accused — Where the victim (petitioner), alleging offences including gang rape (Section 376-D
India Law Library Docid # 2436291

(70) RANVIR SINGH CHAUHAN Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 01-12-2025
Service Law — Compulsory Retirement — Challenge to Guidelines/G.O. dated 20.02.2002 — Financial Handbook, Vol. II-IV, Rule 56 — Rule 56 empowers the appointing authority to compulsorily retire a government servant at or above 50 years of age — G.O. dated 20.02.2002 prescribes the constitution of a Screening Committee, including the appointing authority as Chairperson, to aid the decision-making process — The G.O. merely provides a procedural mechanism to ensure
India Law Library Docid # 2436519

(71) BALMER LAWRIE VAN LEER LTD Vs. SUNIL KUMAR PRAJAPATI[UTTARAKHAND HIGH COURT] 01-12-2025
Constitution of India, 1950 — Articles 226 and 227 — Industrial Dispute — Quashing of Reference Order — Scope of Writ Jurisdiction — A reference order made under Section 4-K of the U.P. Industrial Disputes Act, 1947, being an administrative act, should not be interfered with in writ jurisdiction unless it is patently absurd or without any factual foundation — Disputed questions of fact and
India Law Library Docid # 2436520

(72) MAHESH SAH AND ANOTHER Vs. COMMISSIONER AND OTHERS[UTTARAKHAND HIGH COURT] 01-12-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — Mutation Proceedings — Scope of Interference — Writ Petition challenging orders of Tehsildar and Commissioner in mutation proceedings dismissed as not maintainable under Article 227 — Supervisory jurisdiction is only attracted in cases of total absence of jurisdiction, patent illegality, or violation of natural justice — In present case,
India Law Library Docid # 2436521

(73) ANAND SINGH Vs. CHAMPA DEVI[UTTARAKHAND HIGH COURT] 01-12-2025
Hindu Marriage Act, 1955 — Sections 13(1)(ia) (Cruelty) and 13(1)(ib) (Desertion) — Divorce — Mental Cruelty post-Compromise — Parties entered into a compromise in 2017 after a previous divorce petition was filed, agreeing to separate residence and maintenance — Respondent's subsequent conduct, including repeatedly visiting the husband's workplace (restaurant) and using abusive/insulting language in
India Law Library Docid # 2436522

(74) MOTOR AND GENERAL FINANCE LIMITED Vs. DIRECTOR GENERAL AND ANOTHER[DELHI HIGH COURT] 28-11-2025
Employees’ State Insurance Act, 1948 (ESI Act) — Section 82(2) — Appeal to High Court — Scope — An appeal under Section 82(2) is confined strictly to substantial questions of law — Findings of fact recorded by the Employees Insurance Court (EIC) regarding the nature of the establishment, wage records, admissibility of documents, and credibility of witnesses are outside the scope of interference unless
India Law Library Docid # 2435948

(75) L.K. PRABHU @ L. KRISHNA PRABHU (DIED) THROUGH LRs Vs. K.T. MATHEW @ THAMPAN THOMAS AND OTHERS[SUPREME COURT OF INDIA] 28-11-2025
Civil Procedure Code, 1908 — Order 38 Rule 5, Rule 8, Rule 10 — Order 21 Rule 58 — Transfer of Property Act, 1882 — Section 53 — Attachment before judgment — Scope of — Effect on prior transfer — Property already transferred by registered sale deed prior to institution of suit cannot be subject to attachment before judgment under Order 38 Rule 5 CPC — Essential condition for Order 38 Rule 5 is that
India Law Library Docid # 2435985

(76) HINDUSTAN CONSTRUCTION COMPANY LTD. THROUGH ITS AUTHORISED SIGNATORY YOGESH DALAL Vs. BIHAR RAJYA PUL NIRMAN NIGAM LIMITED AND OTHERS[SUPREME COURT OF INDIA] 28-11-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Arbitrator — Power of High Court to Review/Recall - Scope of Judicial Intervention — An order passed under Section 11 appointing an arbitrator is judicial in nature, but the High Court's review jurisdiction over such an order is highly circumscribed and must be limited to correcting a patent or procedural error; it cannot be exercised to revisit findings of law or re-interpret the arbitration agreement based on a subsequent
India Law Library Docid # 2435986

(77) A A ESTATES PRIVATE LIMITED THROUGH ITS RESOLUTION PROFESSIONAL HARSHAD SHAMKANT DESHPANDE AND ANOTHER Vs. KHER NAGAR SUKHSADAN CO-OPERATIVE HOUSING SOCIETY LTD. AND OTHERS[SUPREME COURT OF INDIA] 28-11-2025
Insolvency and Bankruptcy Code, 2016 (IBC) — Section 14 — Moratorium — Applicability to terminated Development Agreements — Development Agreement constitutes ‘asset’ or ‘property’ of Corporate Debtor only if it creates subsisting proprietary, possessory or legally enforceable right — Termination of Development Agreement based on Corporate Debtor's persistent and prolonged non-performance, occurring prior to initiation of Corporate Insolvency Resolution Process (CIRP), is
India Law Library Docid # 2435987

(78) YOGENDRA PAL SINGH Vs. RAGHVENDRA SINGH ALIAS PRINCE AND ANOTHER[SUPREME COURT OF INDIA] 28-11-2025
Criminal Procedure Code, 1973 — Section 439(2) — Cancellation of Bail — Locus Standi — An aggrieved party, including the complainant or father of the deceased, has the requisite locus standi to seek cancellation/annulment of bail granted to the accused, as the power under Section 439(2) Cr.P.C. may be invoked not only by the State but also by any aggrieved party.
India Law Library Docid # 2435988

(79) JAI BALAJI INDUSTRIES LTD. AND OTHERS Vs. M/S HEG LTD.[SUPREME COURT OF INDIA] 28-11-2025
Negotiable Instruments Act, 1881 — Section 138, Section 142(2), Section 142A — Territorial Jurisdiction for cheque dishonour cases (post-2015 Amendment) — Account Payee Cheques — Jurisdiction for complaints under Section 138 concerning cheques 'delivered for collection through an account' (Account Payee Cheques) lies exclusively with the court having local jurisdiction over the branch of the bank where the payee maintains the account (payee's home branch) — This position is anchored
India Law Library Docid # 2435989

(80) RAHUL RAMESH WAGH Vs. STATE OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 28-11-2025
Local Body Elections — Maharashtra — Reservation Limit — Supreme Court directs that elections for Municipal Councils and Nagar Panchayats where the election process has already commenced (40 Municipal Councils and 17 Nagar Panchayats with reservation exceeding 50%) may proceed as per the notified schedule, but the result shall be subject to the final outcome of the pending proceedings concerning the 50% reservation limit.
India Law Library Docid # 2436096

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