(381) CHANDRASHEKHAR BHIMSEN NAIK Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 03-12-2025 Constitution of India, 1950 — Article 21 and 22 — Protection against arrest and detention — Requirement of legal and procedural safeguards — Personal liberty is sacrosanct; deprivation of liberty must strictly follow procedure established by law — Arrests curtail freedom and dignity, mandating strict adherence to safeguards under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) analogous to CrPC, 1973 — Failure to comply renders arrest illegal and entitles the arrested person to release. India Law Library Docid # 2437171
(382) NITIN JAYSING SALUNKHE Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (CIRCUIT BENCH AT KOLHAPUR)] 03-12-2025 Writ Petition — Service Matters — Appointment Approval — Service litigation concerning employees of private schools often involves disputed facts regarding seniority, absorption, approval of appointment/transfer, salary, reservation, staffing patterns, etc., which are unsuitable for adjudication under Article 226 of the Constitution of India. India Law Library Docid # 2437184
(383) ARFAZ MEHBOOB TAK Vs. UNION OF INDIA, THROUGH SUB-INSPECTOR NARCOTICS CONTROL BUREAU, JAMMU ZONAL UNIT, JAMMU AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of Bail — Successive Bail Application — Commercial Quantity — Financing Illicit Traffic (Section 27A) — Rigors of Section 37 — The existence of 'reasonable grounds' to believe the accused is guilty, which bars bail under Section 37, must be inferred from facts and circumstances, specifically the nature of evidence, India Law Library Docid # 2436258
(384) DEVENDRA JOSHI UNSOUND MIND THROUGH MOTHER SMT. JAYSHREE Vs. CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-12-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claim — Proof of involvement of insured vehicle — Standard of Proof — Claims Tribunal dismissed claim petitions, finding the involvement of the insured vehicle (a tractor-tanker) in the accident (which involved a stationary vehicle without signage) was not proved, citing delay in FIR (lodged on 11.08.2010 for accident on 14.05.2010) and unreliability of India Law Library Docid # 2436287
(385) SACHIN SISODIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-12-2025 Public Interest Litigation (PIL) — Maintainability and Abuse of Process — A PIL seeking registration of an FIR against a Police Officer (Respondent No. 5) was dismissed as not genuine, constituting an abuse of process — The Court noted that a prior PIL seeking similar relief for the same incident, filed on behalf of the victim (Respondent No. 6), was withdrawn after the victim himself had approached the Court India Law Library Docid # 2436288
(386) 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
(387) 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
(388) 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
(389) 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
(390) 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
(391) 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
(392) 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
(393) 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
(394) 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
(395) 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
(396) 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
(397) 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
(398) 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
(399) 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
(400) 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