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(241) NASEEM UDDIN Vs. STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (M.P) AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 28-03-2025
Service Law — Transfer — Judicial Review — Scope Limited — Judicial review of transfer orders is confined to narrow grounds, primarily violation of statutory provisions or established mala fides — The burden of proving mala fides rests heavily on the petitioner challenging the transfer — Transfer remains an incident of service, and courts lack the expertise for personnel management across government departments, leaving decisions largely to departmental heads subject to limited
India Law Library Docid # 2424132

(242) OMPRAKASH AND OTHERS Vs. VISHNUPRASAD S/O SIDDHANATH (DIED) THROUGH LRS. GANGABAI AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 28-03-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Concurrent Findings of Fact — A second appeal is maintainable only when a substantial question of law is involved — The High Court's jurisdiction under Section 100 CPC does not extend to interfering with concurrent findings of fact recorded by the courts below, based on appreciation of evidence, unless such findings are demonstrated to be perverse, based on no evidence, or contrary to law.
India Law Library Docid # 2424133

(243) SMT. BINDU PAL AND OTHERS Vs. UNION OF INDIA THROUGH WESTERN RAILWAY[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 28-03-2025
Railways Act, 1989 — Sections 123(c), 124-A — Railway Claims Tribunal Act, 1987 — Section 16 — Bona Fide Passenger — Burden of Proof — Non-recovery of Ticket — In a claim for compensation arising from an untoward incident resulting in the passenger's death and severe mutilation/scattering of body parts, the mere non-recovery of the journey ticket does not negate the claim that the deceased was a bona fide passenger — Following the principle that the initial burden on the claimant to plead posses
India Law Library Docid # 2424134

(244) SMT. FARJANA BEE AND OTHERS Vs. MAHESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 28-03-2025
Motor Vehicles Act, 1988 — Sections 166 & 173 — Assessment of Compensation — Notional Income & Future Prospects — In the absence of documentary proof of income of the deceased (aged 46), the assessment for determining just compensation should consider the applicable minimum wages to reflect the deceased's skill level and preserve the family's standard of living — Furthermore, addition for future prospects (25% in this case) is a mandatory component as established in National Insurance Co. Ltd. v
India Law Library Docid # 2424135

(245) ANITA DEVI AND OTHERS Vs. OMPRAKASH[RAJASTHAN HIGH COURT] 28-03-2025
Civil Procedure Code, 1908 — Order 14 Rule 1 & Rule 5 — Evidence Act, 1872 — Sections 101-103 — Burden of Proof — Suit Challenging Validity of Will — In a suit where plaintiffs challenge the validity of a registered Will relied upon by the defendant, alleging it to be forged and fabricated, the initial onus to prove due execution and validity rests upon the defendant (propounder) — However, the burden to prove the specific issue framed regarding the Will being forged, fabricated, and invalid (ba
India Law Library Docid # 2424190

(246) MANAGEMENT COMMITTEE, BHARATIYA VIDYA BHAVAN VIDYASHRAM, K.M. MUSHI MARG, IN FRONT OF O.T.S, JAIPUR THROUGH ITS DIRECTOR MR. RAMESH CHANDRA JAIN AND ANOTHER Vs. RAMESHWAR LAL MEENA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 28-03-2025
Practice and Procedure — Consolidation of Writ Petitions — Where common questions of fact and law are involved in multiple writ petitions challenging similar orders passed by a Tribunal concerning employees of the same institution terminated under similar circumstances, the petitions can be heard together and decided by a common order with the consent of the parties.
India Law Library Docid # 2424220

(247) UNION OF INDIA Vs. M/S UDAIPUR ENTERTAINMENT WORLD PVT. LTD. AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 28-03-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Sections 5, 8, 9, 26, 42 & Insolvency and Bankruptcy Code, 2016 (IB Code) — Sections 31, 32A, 238 — Jurisdiction of National Company Law Tribunal (NCLT) — Attachment under PMLA — Serious question arises regarding the jurisdiction of NCLT, a tribunal of limited jurisdiction under the IB Code, to vacate, nullify, or override orders of attachment passed and confirmed by competent authorities under the PMLA, particularly when the PMLA provides a sepa
India Law Library Docid # 2424260

(248) VIVEKANAND SUDHIR PISE @ VICKY AND ANOTHER Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 28-03-2025
Constitution of India, 1950 — Article 21 — Right to Speedy Trial — Bail on Ground of Long Incarceration — An undertrial accused’s fundamental right to a speedy trial, guaranteed under Article 21 of the Constitution, is infringed by prolonged pre-trial detention — Where an accused has undergone exceptionally long incarceration (over 13 years) and there is no likelihood of the trial concluding in the near foreseeable future due to systemic delays or other factors not attributable solely to the acc
India Law Library Docid # 2424299

(249) NEW INDIA ASSURANCE CO. LTD. Vs. MRS. DOLLY SATISH GANDHI AND OTHERS[BOMBAY HIGH COURT] 28-03-2025
Motor Vehicles Act, 1988 — Sections 166 & 168 — Just Compensation — Medical Expenses — Deduction of Mediclaim/Medical Insurance Amount — The amount received by an accident victim/claimant under a private Mediclaim policy or Medical Insurance policy, which is based on a contractual relationship with the insurer involving payment of premiums, is not liable to be deducted from the ‘just compensation’ determined by the Motor Accident Claims Tribunal under Section 168 of the Motor
India Law Library Docid # 2424277

(250) SMT. NANIBAI WD/O LAXMANRAO NAVKHARE SINCE DECEASED THROUGH LRS AND OTHERS Vs. VITTHALRAO MAROTRAO NAVKHARE AND ANOTHER[BOMBAY HIGH COURT (NAGPUR BENCH)] 28-03-2025
Civil Procedure Code, 1908 — Order XX Rule 18 & Order XXI Rule 35 — Partition Suit — Preliminary Decree vs. Final Decree — Executability — A preliminary decree passed in a partition suit, which merely declares the rights and shares of the parties, is not executable under Order XXI Rule 35 or otherwise — Execution proceedings can only be initiated after a final decree is passed, which determines the specific shares by metes and bounds, and such final decree is drawn up and engrossed on stamp pape
India Law Library Docid # 2424304

(251) SANDIP ANIRUDDH JADHAV AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 28-03-2025
Hyderabad Tenancy and Agricultural Lands Act, 1950 — Section 50-B — Transfer of Protected Tenant Land — Prior Sanction Mandatory — Post Facto Sanction Impermissible — Invalidity of Transfer — Section 50-B of the Hyderabad Tenancy and Agricultural Lands Act, 1950, mandatorily requires previous sanction of the Collector for the transfer (including sale) of land purchased by a protected tenant under specified sections of the Act A transfer effected without such prior sanction is rendered invalid by
India Law Library Docid # 2424311

(252) BHIMABAI AND OTHERS Vs. THE DEPUTY DIRECTOR LAND RECORD NASHIK DIVISION AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 28-03-2025
Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Section 32(1) — Variation of Scheme — Limitation — Reasonable Period — An application seeking variation of a finalized consolidation scheme under Section 32(1) of the Act must be made within a reasonable period from the scheme coming into force — Based on judicial pronouncements, this reasonable period is generally considered to be three years, extendable only in exceptional cases with satisfactory explanation — Enterta
India Law Library Docid # 2424312

(253) SRI. K. VISHWANATH AND ANOTHER Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 28-03-2025
Criminal Investigation — Transfer of Investigation to Independent Agency (COD/CBI) — Allegations Against Local Police Personnel — Fair Investigation and Credibility — Where serious allegations are made against serving police officers (respondent nos. 5 & 6, appellants herein) regarding their conduct in investigating multiple cross-cases, including allegations of registering false cases, forging signatures, custodial assault, threats, and biased investigation (filing ‘B’ reports in complaints aga
India Law Library Docid # 2424354

(254) NARASIMHAN Vs. STATE OF KARNATAKA AND ANOTHER[KARNATAKA HIGH COURT] 28-03-2025
Penal Code, 1860 — Section 420 — Cheating — Execution of Decree — Misidentifying Property for Possession — Obtaining possession of property ‘A’ (belonging to the complainant) during the execution of a decree obtained for property ‘B’, by deliberately misidentifying property ‘A’ to the Court Bailiff/Ameena as the decretal property, especially after getting the decree schedule amended post-decree to include identifiers of property ‘A’, constitutes the offence of cheating punishable under Section 4
India Law Library Docid # 2424394

(255) VINOTH Vs. THE STATE REP. BY THE INSPECTOR OF POLICE[MADRAS HIGH COURT (MADURAI BENCH)] 28-03-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 5(l), 6 — Consent of Minor — Irrelevance — Statutory Rape Principle — Sexual intercourse with a child below 18 years constitutes aggravated penetrative sexual assault under Section 5(l) read with Section 6 of the POCSO Act — The consent of the minor victim (aged 16 years 8 months at the time of the offence), even if arising from a purported love affair, is legally irrelevant under the Act, reflecting the
India Law Library Docid # 2424455

(256) DR. MATHEW A. KUZHALNADAN Vs. PINARAYI VIJAYAN AND OTHERS[KERALA HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 — Section 190(1)(a) — Taking Cognizance on Complaint — Magistrate may take cognizance only upon receiving a complaint containing facts which constitute such offence — Cognizance cannot be based on mere suspicion, conjectures or allegations devoid of factual foundation constituting the offence.
India Law Library Docid # 2424592

(257) CHAMPAI URF CHAMPA MUNDA Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 28-03-2025
Penal Code, 1860 — Sections 370(4) & 34 — Trafficking of Persons — Acquittal of Co-accused — Where the main accused, charged under Section 370(5)/34 IPC for trafficking minor victims, has been acquitted by the High Court due to the prosecution’s failure to prove essential elements of exploitation as defined under Section 370(1), the conviction of a co-appellant under Section 370(4)/34 IPC arising from the same transaction and based on substantially similar evidence cannot be sustained, especiall
India Law Library Docid # 2424692

(258) SMT. ARCHANA YADAV AND OTHERS Vs. ANIL YADAV AND OTHERS[CHHATTISGARH HIGH COURT] 28-03-2025
Employee’s Compensation Act, 1923 — Employer-Employee Relationship — Proof — Alleged Familial Relationship — In determining the existence of an employer-employee relationship for a claim under the Act, the sworn testimony of the owner (alleged employer) admitting the deceased was his driver and paid monthly wages carries significant weight — Mere assertions or entries in documents (like police statements or claim forms) suggesting a familial relationship, which are subsequently denied under oath
India Law Library Docid # 2424693

(259) LINGA GOWRI SHANKER DIED PER L.RS. Vs. THE SPECIAL DEPUTY COLLECTOR[TELANGANA HIGH COURT] 28-03-2025
Land Acquisition Act, 1894 — Section 23(1) — Compensation — Enhancement — Market Value Determination — Potentiality — Comparable Sales Method — Assessment of market value for acquired land — Consideration of factors like proximity to developed industrial and residential areas, availability of amenities, and potential for future development — Reliance on comparable sale deeds executed prior to Section 4(1) notification — Admissibility of sale statistics from preceding
India Law Library Docid # 2424755

(260) MR. GOPU BALA REDDY Vs. THE BRG ENERGY LIMITED IN LIQUIDATION[TELANGANA HIGH COURT] 28-03-2025
Companies Act, 1956 — Winding Up — Locus Standi of Ex-Director — An ex-Director of a company in liquidation retains locus standi to challenge actions of a secured creditor if such actions potentially harm the liquidation process, the interests of other creditors, or if the ex-Director has a legitimate personal interest (submitted an OTS offer) and the challenge is based on valid legal grounds.
India Law Library Docid # 2424776