(321) PALADUGU RAGHURAM Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 26-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope — The power to quash criminal proceedings should be exercised sparingly — The Court, at the initial stage, primarily examines whether the uncontroverted allegations prima facie establish the offence — Meticulous examination of evidence or assessing probability of conviction is impermissible. India Law Library Docid # 2424781
(322) M. RAJENDAR Vs. HIGH FOR THE STATE OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH REP. BY ITS REGISTRAR (VIGILANCE)[TELANGANA HIGH COURT] 26-03-2025 Service Law — Disciplinary Proceedings — Judicial Review (Art. 226) — Scope and Limitations — Judicial review of disciplinary proceedings is concerned with the legality and fairness of the decision-making process, not the correctness of the decision itself — Courts do not act as an appellate authority to re-appreciate evidence. India Law Library Docid # 2424782
(323) SONIA Vs. DIVESH KHULLAR[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Definition — Cruelty, as a ground for divorce, encompasses conduct that causes reasonable apprehension in the petitioner’s mind that it will be harmful or injurious to live with the other party — It can be physical or mental, and its assessment depends on the specific facts, circumstances, and social context of the parties involved — There is no exhaustive definition, but it must be grave and substantial India Law Library Docid # 2425017
(324) HARBHAJAN KAUR AND ANOTHER Vs. KULDEEP SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Deduction for Personal Expenses — Where the deceased aged 40 was married and survived by dependents requiring a 1/4th deduction (as per Sarla Verma principles), the application of a 1/3rd deduction by the Tribunal constitutes an error requiring correction. India Law Library Docid # 2425018
(325) MANJU BALA Vs. RAJ KUMAR[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Hindu Marriage Act, 1955 — Section 24 — Maintenance Pendente Lite — Purpose — The objective of Section 24 is to provide financial support to a spouse lacking sufficient independent income to maintain themselves and cover litigation expenses during the pendency of matrimonial proceedings, ensuring they are not financially handicapped — It is not intended to equalize incomes or provide maintenance commensurate with the other spouse’s lifestyle if the applicant can India Law Library Docid # 2425013
(326) PUNJAB STATE ELECTRICITY BOARD Vs. HARBHAJAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Service Law — Promotion — Quota Rule — Judicial Precedent — Judgments of lower courts decreeing a suit for deemed promotion based on the premise that a quota rule differentiating between diploma and non-diploma holders is discriminatory, relying on the decision in Punjab State Electricity Board vs. Ravinder Kumar Sharma (1986) 4 SCC 617, are unsustainable and contrary to law, as the Ravinder Kumar Sharma judgment was subsequently overruled by a Larger Bench of the Supreme India Law Library Docid # 2425014
(327) JASWANT KAUR Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Criminal Procedure Code, 1973 — Section 319 — Summoning Additional Accused — Standard — The power under Section 319 Cr.P.C. enables the trial court to summon a person not initially charge-sheeted if evidence emerging during trial suggests their involvement — The required standard is higher than the prima facie view needed for charge framing but less than the certainty required for conviction. India Law Library Docid # 2425015
(328) KALA Vs. THE FEROZEPUR PRIMARY CO-OPERATIVE AGRICULTURE DEVELOPMENT BANK LIMITED[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Negotiable Instruments Act, 1881 — Sections 118 & 139 — Presumption — Upon admission of the signature on a cheque, a presumption arises under Section 139 that the cheque was issued for the discharge of a legally enforceable debt or liability — Further, under Section 118(a), it is presumed that the negotiable instrument was made for consideration — The burden to rebut these presumptions lies upon the accused. India Law Library Docid # 2425016
(329) MD. FARUK @ FARUK MOMIN Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 26-03-2025 Penal Code, 1860 — Sections 361 & 363 — Kidnapping from Lawful Guardianship — Proof of Minority — Voluntary Act — To sustain a conviction for kidnapping under Section 363 IPC, the prosecution must prove beyond reasonable doubt that the victim was a minor (below 18 years for a female) as defined under Section 361 IPC and was ‘taken’ or ‘enticed’ away from lawful guardianship — Where the victim’s age is disputed, and evidence like a school admission register is unreliable due to discrepancies (ove India Law Library Docid # 2425211
(330) M/S HOTLINE FASHION INDIA PVT. LTD. Vs. M/S SENTINEL CONSULTANTS PVT. LTD. AND OTHERS[DELHI HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 (CPC) — Order 21 Rule 97, Section 151 — Execution of Decree — Objections by Third Party — Resistance to Possession — Independent Right and Title Claim — Execution First Appeal preferred by appellant-objector challenging Executing Court's order dated 08.07.2023, dismissing its application under Order XXI Rule 97 CPC resisting execution of a specific performance decree concerning basement property No. A-249, Defence Colony, New Delhi. India Law Library Docid # 2423968
(331) SURESH KUMARI Vs. REGISTRAR OF COMPANIES AND OTHERS[DELHI HIGH COURT] 25-03-2025 Insolvency and Bankruptcy Code, 2016 — Section 18 — Assets of Corporate Debtor — Property Law — Real Estate Project — Rights of Homebuyers — Where a National Company Law Tribunal, in a decision subsequently revived and upheld by the Supreme Court, conclusively determined that a Corporate Debtor involved in a real estate project acted merely as a contractor and possessed no right, title, or interest in the project land or the units constructed thereon, with ownersh India Law Library Docid # 2423969
(332) POOJA KAUSHIK Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 — Sections 439(2) and 482 — Cancellation of Bail — Supervening Circumstances — Effect of Passage of Time and Interim Protection — Cancellation of bail requires very cogent and overwhelming supervening circumstances demonstrating misuse of liberty, interference with justice, or other factors rendering the accused's continued freedom detrimental to a fair trial — It India Law Library Docid # 2424013
(333) S.K. JOSHI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Constitution of India — Article 226 — Departmental Inquiry — Quashing of Chargesheet — Misinterpretation of Court Order — Where a chargesheet alleges dereliction of duty against an official based on the premise that an adverse ex-parte order was passed against the State due to his inaction, but a perusal of the said High Court order reveals it merely directed consideration of a representation without granting substantive relief, the charges are founded on a misreading or misinterpretation of the India Law Library Docid # 2424140
(334) HIRALAL SHRI KANHAIYALAL YADAV (DECEASED) THROUGH LRS. SMT. PREMLATA AND OTHERS Vs. SMT. GYARSIBAIAND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Civil Procedure Code, 1908 — Order 22 Rule 3 — Limitation Act, 1963 — Section 5 — Substitution of Legal Heirs — Condonation of Delay — Formal Application Necessity — The dismissal of an application under Order 22 Rule 3 CPC for bringing legal heirs on record solely on the ground that it was filed beyond the limitation period and was not accompanied by a formal application for condonation of delay under Section 5 of the Limitation Act, is erroneous — Following the principle laid down in State of India Law Library Docid # 2424141
(335) DY. GENERAL SECRETARY Vs. DY. GENERAL MANAGER[MADHYA PRADESH HIGH COURT] 25-03-2025 Industrial Law — Voluntary Cessation of Employment — Bipartite Settlement — Proof of Notice Service — Where a Bipartite Settlement clause permits deeming an employee to have voluntarily ceased employment upon failure to report for duty within 30 days of a notice, the onus lies strictly on the employer (management) to prove that such notice was validly issued and served upon the employee at their last known address — Mere existence of the notice on record without proof of dispatch by registered p India Law Library Docid # 2424142
(336) SHALIGRAM Vs. AJAY[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope of Interference — Concurrent Findings of Fact — In a second appeal under Section 100 CPC, the High Court's jurisdiction is confined to substantial questions of law — Concurrent findings of fact recorded by the Trial Court and the First Appellate Court, based on appreciation of oral and documentary evidence (including registered sale deed Ex.P/1 and India Law Library Docid # 2424143
(337) SHRINARAYAN OJHA Vs. UNION OF INDIA THROUGH MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Service Law — Disciplinary Proceedings — Natural Justice — Denial of Reasonable Opportunity — Where a departmental enquiry is conducted in violation of principles of natural justice, demonstrated by factors such as an incomplete charge sheet (lacking essential lists of documents/witnesses), non-supply of relied-upon or requested documents, recording evidence behind the delinquent employee's back, and denial of effective opportunity India Law Library Docid # 2424144
(338) TAKHAT SINGH AND OTHERS Vs. EXECUTIVE ENGINEER AND OTHERS[MADHYA PRADESH HIGH COURT] 25-03-2025 Land Acquisition Act, 1894 — Sections 18, 19 & 26 — Code of Civil Procedure, 1908 — Order 7 Rule 11(d) — Reference Proceedings — Limitation — Once the Collector makes a reference under Section 18 of the Land Acquisition Act, 1894, the Reference Court is mandatorily required under Section 26 to pass an award determining the objections — The Court cannot dismiss the reference application under Order VII Rule 11(d) CPC on the ground of limitation, even if raised by the respondent/State — The questi India Law Library Docid # 2424145
(339) SMT. POONAM Vs. DULE SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 M.P. Municipalities Act, 1961 — Section 20(2)(b)(i) — An objection regarding the locus standi of an election petitioner, based on their status as a voter of the concerned ward, requires specific pleading in the written statement and potentially the framing of an issue by the trial court; failure by the returned candidate to do so or to enter the witness box to substantiate the claim weakens the objection, especially when the election petitioner provides documentary proof of being a registered vo India Law Library Docid # 2424146
(340) KISHAWAR SINGH Vs. LAW AND LEGISLATIVE AFFAIRS DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-03-2025 Service Law — Appointment — Regularization — Temporary/Contractual Election Work — Claim for regular appointment based on past temporary/contractual service as Assistant Grade-3 rendered during election periods — Petitioner appointed for short durations in 2003 and later in 2014 on a contractual basis for election duties India Law Library Docid # 2424147