(661) MOTAKATLA JHANSI VANI REDDY Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 11-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 47 (1) — Arrest — Mandatory requirement — An individual arrested without a warrant must be immediately informed of the grounds for their arrest — Failure to comply with this provision renders any further detention of the person illegal, as emphasized by the High Court. India Law Library Docid # 2423378
(662) MOTALEB BHUYAN AND OTHERS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 11-03-2025 Constitution of India, Article 226 — Writ Jurisdiction — Interference with Cancellation of GST Registration — The High Court may exercise its jurisdiction under Article 226 to interfere with orders of cancellation of registration under the Central Goods and Service Tax Act, 2017 (Central Act) and State Goods and Service Tax Act, 2017 (State Act), particularly when the orders are found to be bad in law and in violation of the provisions of the Acts or the Rules framed thereunder India Law Library Docid # 2423430
(663) SHANKAR KUMAR SINGH Vs. THE STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 11-03-2025 Service Law — Dismissal — A disciplinary dismissal can be upheld based on inquiry findings, including audio-video evidence and a compromise agreement, even if the charged employee initially denied the allegations — Dismissal from service for taking a bribe upheld; court found no error in the disciplinary process considering the complainant's statement, audio-video evidence, and the petitioner's subsequent compromise involving the return of the money, which contradicted his initial denial. India Law Library Docid # 2423562
(664) EMPLOYER IN RELATION TO THE MANAGEMENT OF M/S HINDUSTAN COPPER LIMITED Vs. EX-EMPLOYEES' COORDINATION COMMITTEE[JHARKHAND HIGH COURT] 11-03-2025 Industrial Disputes Act, 1947— An industrial tribunal's award can be set aside if the reference is vague, the representation of workmen is not properly established, and the tribunal fails to consider foundational facts and evidence — Industrial Tribunal award in favor of ex-employees for wage arrears set aside due to vagueness of reference, questionable representation by an unrecognized association, and lack of verified evidence regarding the ex-employees' details and voluntary retirement scheme India Law Library Docid # 2423563
(665) RAM KHELAWAN MALLAH @ RAM KHELAWAN NISHAD AND OTHERS Vs. BASANTI DEVI AND OTHERS[JHARKHAND HIGH COURT] 11-03-2025 Evidence Act, 1872 — Section 90 — Recitals in a registered settlement deed more than 30 years old are not conclusive proof of the truth of the recited facts, and the presumption under Section 90 primarily applies to the execution, signature, and attestation of the document, requiring independent proof of the contents if disputed — In a second appeal against the reversal of a trial court's dismissal of a suit for title declaration, the High Court held that the first appellate court erred in treat India Law Library Docid # 2423564
(666) KUNDAN SINGH Vs. THE STATE OF BIHAR (NOW JHARKHAND)[JHARKHAND HIGH COURT] 11-03-2025 Penal Code, 1860 (IPC) — Section 302 — A murder conviction can be upheld based on the consistent testimony of eyewitnesses regarding the act of firing, even if there are minor discrepancies with the initial report or medical opinion concerning the exact distance of the shot, provided the delay in filing the FIR is adequately explained and the overall evidence identifies the accused as the assailant — The High Court dismissed a criminal appeal against a conviction and life sentence for murder — India Law Library Docid # 2423565
(667) SMT. SANTOSH AWASTHI Vs. SMT. URMILA JAIN[ALLAHABAD HIGH COURT] 11-03-2025 Transfer of Property Act, 1882 — Section 52 — The doctrine of lis pendens prevents the transfer of suit property during pending litigation, making any such transfer subservient to the outcome of the suit — Doctrine of lis pendens as encapsulated in Section 52, clarifying its purpose to prevent the defeat of suits through property alienation and its effect of binding transferees to the decree — It also addresses the issue of delays in execution proceedings and emphasizes the need for timely dispo India Law Library Docid # 2423691
(668) RAJENDRA SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 11-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 154, 156 (3), 162 and 169 — While a second FIR for the same incident is generally impermissible, a counter-complaint alleging a different version of the incident or involving different accused is an exception. India Law Library Docid # 2423692
(669) SUDERSHAM KUMAR GUPTA Vs. CHUNI LAL RAINA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-03-2025 Civil Procedure Code, 1908 — Order 43 Rule 1(u) — While an appellate court can remand a case to the trial court, it must ensure that all stakeholders are provided a fair and adequate opportunity of being heard in the fresh proceedings — A remand order should not prejudice the rights of any party to present their case fully — The High Court disposed of a civil miscellaneous appeal by modifying the appellate court’s order that had remanded a case back to the trial court — The modification was made India Law Library Docid # 2423780
(670) AIRPORTS AUTHORITY OF INDIA Vs. M/S SAPTAGIRI RESTAURANT PRIVATE LIMITED[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 11-03-2025 Airports Authority of India Act, 1994 — Civil Procedure Code, 1908 — Order 39 Rule 1 — Interim relief, such as an injunction, can be granted in aid of the main relief sought, but requires the establishment of a prima facie case, balance of convenience, and irreparable injury — Courts must also weigh public interest considerations when granting such relief, particularly against statutory bodies performing public functions — The Division Bench allowed an appeal and set aside the Trial Court’s orde India Law Library Docid # 2423790
(671) DEEN DAYAL BHAWANI PRASHAD Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 11-03-2025 Fair Price Shop — Allotment — An ineligible petitioner lacks the legal standing to challenge the allotment of a Fair Price Shop to another candidate — The High Court dismissed a writ petition challenging the allotment of a Fair Price Shop because the petitioner's own ineligibility to apply for the shop deprived them of the necessary legal standing (locus standi) to contest the selection process or the allotment made to the private respondent. India Law Library Docid # 2423849
(672) ASHOK KUMAR AND ANOTHER Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 11-03-2025 Penal Code, 1860 (IPC) — Sections 498A and 306 — Abetment to Sucide — Convictions under Sections 498-A and 306 Code require proof of specific acts of cruelty and abetment of suicide, respectively, and cannot be based solely on vague and general allegations — In appeals against conviction under Sections 498-A and 306 of the IPC, the High Court set aside the trial court's judgment, holding that the prosecution's case relied on vague and omnibus allegations of dowry harassment without specific deta India Law Library Docid # 2423850
(673) SMT. SAVITA BIBI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 11-03-2025 Policies formulated by the Government of Himachal Pradesh (specifically policy of 1990 as amended, and policy of 2019) — The policy governing compassionate appointment is the one in force at the time of the employee's death — The High Court allowed a petition directing the respondent-corporation to reconsider the petitioner's claim for compassionate appointment under the policy prevalent in 2018 when her husband died, rejecting the application of the 2019 policy which introduced daily wage appoi India Law Library Docid # 2423851
(674) AMIT KUMAR Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 11-03-2025 Service Law — Recruitment — Selection Process — OMR Based Examination — Irregularities vs. Illegalities — Use of Fluid/Whitener and Scratch Marks — The evaluation of OMR answer sheets despite the use of fluid/whitener or the presence of scratch marks by candidates does not automatically vitiate the selection process, particularly where: (i) there were no specific instructions explicitly prohibiting the use of fluid/whitener in the examination in question (though instructions mandated use of India Law Library Docid # 2423941
(675) STATE Vs. FIRASUL NABI[DELHI HIGH COURT] 11-03-2025 Evidence Act, 1872 — Section 3 — Appreciation of Evidence — Testimony of Prosecutrix — Sexual Offences/POCSO Act — Reliability — Contradictions and Improvements — While conviction can rest on the sole testimony of a prosecutrix if it inspires confidence, courts must exercise extreme care, especially when the testimony suffers from contradictions and improvements — Where prosecutrix's (minor victim) testimony regarding wrongful restraint, robbery, sexual harassment (IPC 341/392/354/506, S. 12 POC India Law Library Docid # 2423991
(676) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. PANKAJ KUMAR[DELHI HIGH COURT] 11-03-2025 Administrative Law — Principles of Natural Justice — Debarment / Blacklisting — Audi Alteram Partem — Issuance of Show Cause Notice — Mandatory Requirement — Order debarring respondent (Consultant's Team Leader) from NHAI/MoRTH projects passed without issuing a prior show cause notice clearly encapsulating grounds and proposed penalty — Debarment/blacklisting orders are stigmatic, entail 'civil death', and preclude participation in future government tenders — Strict adherence to natural justice, India Law Library Docid # 2423992
(677) NATIONAL INSURANCE CO. LTD. Vs. SMT. DEV KUMARI AND OTHERS[DELHI HIGH COURT] 11-03-2025 Motor Vehicles Act, 1988 — Sections 166 & 168 — Compensation — Entitlement of Legal Representatives — Dependents vs. Non-Dependents — Loss of Dependency vs. Loss to Estate — Law recognizes two distinct claims upon death in accident: (i) 'Loss of Dependency' claimable by dependents based on deceased's contribution to family, and (ii) 'Loss to Estate' claimable by all legal representatives (including non-dependents) based on deceased's savings/accumulation which forms part of the estate — Married India Law Library Docid # 2423994
(678) IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. SMT. GEETA AND OTHERS[DELHI HIGH COURT] 11-03-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Collision with Stationary Vehicle — Duty of Driver of Stationary Vehicle — Contributory Negligence — Driver parking/halting a vehicle on the road (even due to breakdown/emergency) has a duty to take precautionary measures like switching on parking indicators or placing warning signs/objects — Lack of such due care constitutes negligence — Where offending truck was parked on the left side of road without indicators/reflectors/caution signs, it India Law Library Docid # 2424018
(679) NEERAJ AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 11-03-2025 M.P. Land Revenue Code, 1959 — Section 248 — Summary Eviction — Limitation — Bona Fide Dispute of Title — The summary procedure for eviction of unauthorized occupants provided under Section 248 of the M.P. Land Revenue Code, 1959, cannot be invoked by the State/Revenue Authorities where there exists a bona fide dispute regarding the title to the property — Such summary power is generally intended for clear cases of encroachment on undisputed government land and not for resolving complicated India Law Library Docid # 2424085
(680) CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED Vs. MUNNI BAI AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 11-03-2025 Motor Vehicles Act, 1988 — Section 150 (as amended, erstwhile Section 149) — “Pay and Recover” Principle — Effect of Omission of Proviso to S.149(4) and S.149(5) — Held, the principle of “pay and recover,” established by the Supreme Court in National Insurance Co. Ltd. vs. Swaran Singh (2004 ACJ 1), allowing the Claims Tribunal to direct the insurer (who has successfully proved a defence under Section 149(2), now S.150(2), like breach of policy condition regarding driving license) to pay the thi India Law Library Docid # 2424086