(821) P.K. JAIN Vs. PUNJAB NATIONAL BANK AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-03-2025 Service Law — Departmental Proceedings vs. Criminal Proceedings — Effect of Acquittal — Same Facts, Evidence, and Witnesses — Principle of Honourable Acquittal — Where a criminal court acquits an employee after a full trial, finding that the prosecution miserably failed to prove the charges beyond a reasonable doubt and specifically noting lack of evidence linking the accused, interestedness of witnesses, or the accused being made a scapegoat, such an acquittal is considered honourable or on mer India Law Library Docid # 2423927
(822) RAGHUBIR SINGH Vs. RAM NIWAS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Enhancement — Permanent Disability (70%) — Loss of Future Earnings — Future Prospects and Multiplier — In an appeal seeking enhancement of compensation for injuries resulting in 70% permanent disability, where the Tribunal calculated compensation based only on the monthly salary without adding future prospects or correctly applying the multiplier method, the High Court enhanced the award — Applying the principles laid down in India Law Library Docid # 2423928
(823) SHEELA DEVI AND OTHERS Vs. HEERA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-03-2025 Motor Vehicles Act, 1988 — Section 166 — Fatal Accident Compensation — Assessment of Income — Deduction of PF — In assessing the income of the deceased for calculating dependency, the gross salary, as proved on record (Rs. 3,209/- per month in this case via salary slip Ex.P-2 and testimony of PW-2), should be considered — The Tribunal erred in taking only the ‘carry home salary’ (Rs. 2,875/-) after deducting Provident Fund (PF) etc., as such deductions are ultimately for the benefit of the emplo India Law Library Docid # 2423929
(824) MST. KANTA GOSWAMI (DECEASED) THROUGH LEGAL HEIR Vs. ROSHAN ARORA[DELHI HIGH COURT] 06-03-2025 Civil Procedure Code, 1908 — Order 15A — While Order 15-A allows courts to direct payment of occupation charges during the pendency of a suit, the determined amount should be reasonable and related to prior rental agreements or established value — The High Court allowed a petition challenging a trial court order passed under Order 15-A read with Order 39 Rule 10 of the CPC directing the legal heirs of a deceased defendant to pay Rs. 30,000 per month as occupation charges — The High Court found t India Law Library Docid # 2424024
(825) GOPAL MISHRA AND ANOTHER Vs. STATE GOVT OF NCT OF DELHI[DELHI HIGH COURT] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 207 and 311 — An accused person is ordinarily entitled to a cloned copy of electronic records, such as a hard disk, relied upon by the prosecution to ensure a fair trial and enable effective cross-examination under the principles of natural justice and as per Section 207 — The High Court allowed an application directing the trial court to provide a cloned copy of a hard disk to the accused persons in a case where the prosecution sought to recall a India Law Library Docid # 2424028
(826) M/S. GTL INFRASTRUCTURE LTD. Vs. S.C WADHWA AND SONS (HUF)[DELHI HIGH COURT] 06-03-2025 Arbitration and Conciliation Act, 1996 — Section 9 — Section 9 grants wide powers to the court to order interim measures of protection, including mandatory injunctions that may resemble final relief, provided they are necessary to protect the subject matter of the arbitration and carry a lower risk of injustice — The High Court dismissed an appeal against a Commercial Court's order under Section 9, which directed the appellant to remove a mobile tower from the respondent's property and deposit o India Law Library Docid # 2424029
(827) MANISH KUMAR Vs. UNION OF INDIA AND OTHERS[DELHI HIGH COURT] 06-03-2025 Administrative Tribunals Act, 1985 — Sections 14 and 19(1) — The High Court cannot act as a court of first instance in service matters concerning Central Government employees due to the jurisdiction of the CAT under the Act, 1985, as clarified by L Chandra Kumar v UOI, and a person lacking eligibility or a personal interest generally does not have the locus standi to challenge the appointment of another through a writ of quo warranto under Article 226 — The High Court dismissed a Letters Patent India Law Library Docid # 2424030
(828) KABEER AHMED (DEAD) THROUGH LRS. JAVEED AHMAD AND OTHERS Vs. SHEIKH HABIB (DEAD) THROUGH LRS SMT. ABIDA BI AND OTHERS[MADHYA PRADESH HIGH COURT] 06-03-2025 M.P. Accommodation Control Act, 1961 — Section 12(1)(a) & Section 13(1) — Default in Rent — Dispute Regarding Rate — Where the rate of rent is disputed, the tenant is obligated to deposit the provisional rent fixed by the Court under Section 13(1) of the Act — Failure to deposit such provisional rent constitutes default, entitling the landlord to a decree for eviction under Section 12(1)(a). India Law Library Docid # 2424077
(829) SATYANARAYAN AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-03-2025 Madhya Pradesh Land Revenue Code, 1959 — Sections 158(3), 165(7)(b) & 182 — Government Lessee — Transfer Restrictions — Bhumiswami Rights — Land originally allotted by the State Government to a lessee under terms restricting transfer (Govt. Lessee status governed by S. 182) remains subject to transfer restrictions even if the lessee subsequently acquires Bhumiswami rights under Section 158(3) — Any transfer of such land without the prior written permission of a Revenue Officer, not below the ran India Law Library Docid # 2424078
(830) BHURIBAI Vs. BHEEMSINGH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-03-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Deprivation of Education & Aspirations — Compelling a spouse who is educated and desirous of pursuing further studies, to discontinue her education or creating an atmosphere that prevents her from doing so, amounts to mental cruelty — This is particularly so when contrasted with the other spouse’s lack of education and unwillingness to support such aspirations — Such conduct, which effectively sacrifices the wife’s dreams and career India Law Library Docid # 2424079
(831) PINTU @ PRATHVIRAJ KOLI Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 06-03-2025 Criminal Law — Rape / Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Proof — Medical Evidence — Unimpeachable medical evidence detailing severe penetrative injuries (such as fourth-degree perineal tear, torn hymen, torn posterior vaginal wall, torn anterior rectal wall, requiring surgery including colostomy) on a very young child victim (aged 2 years) is compelling evidence that conclusively establishes the factum of penetrative sexual assault, strongly corroborating the pro India Law Library Docid # 2424080
(832) BANE SINGH AND OTHERS Vs. SHRI LAL JI THROUGH LR KOUSHALYA BAI AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-03-2025 Madhya Pradesh Land Revenue Code, 1959 — Section 52(1) — Stay of Execution of Order — Jurisdiction — Scope and Purpose — The power granted to a Revenue Officer under Section 52(1) to stay the execution of their own order (or that of their predecessor) is exercisable only for the limited purpose of allowing the aggrieved party time to file an appeal or revision against that order and obtain a stay from the appellate or revisional authority — The provision presupposes the availability of a remedy India Law Library Docid # 2424081
(833) MAHENDRA KUMAR Vs. UNION OF INDIA[RAJASTHAN HIGH COURT] 06-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 [Criminal Procedure Code, 1973 — Section 439] — Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8/15, 29 — Bail — Principle of Parity — Where multiple co-accused persons arrested in connection with the same FIR for offences under the NDPS Act have already been enlarged on bail by the Court, and the case of the present India Law Library Docid # 2424176
(834) SMT. RUKMA Vs. SAHDEV[RAJASTHAN HIGH COURT] 06-03-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Proof — Burden — Admissions in Cross-Examination — The burden to prove cruelty, whether physical or mental, under Section 13(1)(ia) lies heavily on the petitioner seeking divorce — Mere allegations of ill-treatment, dowry demand, or physical violence are insufficient without corroborative evidence — Where the petitioner in cross-examination makes significant admissions contradicting the specific allegations, and fails to India Law Library Docid # 2424180
(835) LIFE INSURANCE CORPORATION OF INDIA Vs. BHAGWAN LAL JAT[RAJASTHAN HIGH COURT] 06-03-2025 Insurance Act, 1938 — Section 45(4) — Repudiation within 3 years — Suppression of Material Fact — Causation — For an insurer to repudiate a life insurance policy under Section 45(4) within three years of its issuance or revival on the ground of suppression of a material fact (like a pre-existing disability), the insurer must establish that the suppressed fact had a direct bearing on the risk undertaken leading to the insured’s death — Following the principle in Sulbha Prakash Motegaonkar, where India Law Library Docid # 2424183
(836) DEVASH KUMAR SHARMA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-03-2025 Service Law — Regularization — Daily Wage Employee — Reinstatement pursuant to Labour Court Award — Effect of State of Karnataka v. Uma Devi — Petitioner appointed as LDC on daily wages in 1985, terminated same year, reinstated in 1997 pursuant to unchallenged Labour Court award (1992) quashing termination and granting full back wages — Petitioner subsequently superannuated in 2020 after continuous service post-reinstatement — Claim for regularization considered under State’s Notification dated India Law Library Docid # 2424216
(837) DHARA SINGH JAT Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-03-2025 Service Law — Recruitment — Forest Guard — Challenge to selection process based on alleged incorrect answer key for written examination and consequent erroneous calculation of total marks, leading to non-selection despite petitioner claiming marks above the cut-off for his category (OBC) India Law Library Docid # 2424218
(838) K.C. MEENA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-03-2025 Criminal Procedure Code, 1973 — Sections 173(2), 190(1)(b), 193, 209, 319 — Cognizance of Offence — Police Report — Second Cognizance — Impermissibility — Cognizance upon a police report under Section 190(1)(b) Cr.P.C. is a singular judicial act concerning that report — Where the competent court, upon submission of a police report under S. 173(2) Cr.P.C. (which included a charge-sheet against some accused and a negative report against others, including the petitioner), takes cognizance only agai India Law Library Docid # 2424261
(839) SUNIL KUMAR AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-03-2025 Criminal Procedure — Quashing of FIR — Section 528 BNSS (Corresponding to Section 482 CrPC) — Scope of Interference — The power to quash an FIR under Section 528 BNSS should be exercised sparingly and only in the rarest of rare cases, adhering to the principles laid down in State of Haryana v. Bhajan Lal [1992 Supp (1) SCC 335] — The Court, at the stage of considering a quashing petition, is primarily concerned with whether the allegations in the FIR, taken at face value, prima facie constitute India Law Library Docid # 2424255
(840) HARIDAS MAHADEV SASNE Vs. TEJASVINI KRUSHNAT BHOSALE[BOMBAY HIGH COURT] 06-03-2025 Specific Relief Act, 1963 — Section 34 — Suit for Declaration — Negative Declaration as to Marital Status — Maintainability — A suit seeking a declaration simpliciter that no valid marriage exists between the plaintiff and the defendant (a “negative declaration” as to marital status) is maintainable before a Civil Court — The term “legal character” in Section 34 is of wide amplitude and includes marital status — A declaration denying a marital relationship is essentially an assertion of a specif India Law Library Docid # 2424292