Allahabad - Regulatory Compliance - The State Government has the authority to regulate the possession and sale of methyl alcohol under the Poisons Act, and the relevant rules are valid.

(A) Poisons Act, 1919 - Sections 2, 3, and 8 - U.P. Poisons (Regulation of Possession and Sale) Rules, 1921 - Suspension of M.A.-4 license for violations - The petitioner, a company, was found to have purchased methyl alcohol from unlicensed suppliers, violating the Rules 1921. The court held that Read more.

Allahabad - Disciplinary Proceedings - Lack of supervision does not constitute grave misconduct under Regulation 351-A of the Civil Service Regulations, and discriminatory punishment among similarly situated employees is impermissible.

(A) Civil Service Regulations - Regulation 351-A - Pension deduction - The petitioner, a Jail Superintendent, challenged the deduction of pension due to alleged misconduct related to prisoners escaping. The court found that the petitioner had informed authorities about poor jail conditions and that Read more.

Andhra Pradesh - Employment Law - The authority to transfer employees is an exclusive prerogative of the employer, and courts should not interfere unless there is clear evidence of malafide or violation of statutory provisions.

(A) Constitution of India - Articles 14 and 21 - Writ petitions challenging the transfer policy of the respondent Corporations for not extending protection to office bearers of the petitioners’ associations - Allegations of violation of principles of natural justice and discrimination - The court e Read more.

Andhra Pradesh - Service Law - The court modified the punishment of deferment of increment to ensure fairness, emphasizing that penalties must be just and equitable.

(A) Constitution of India - Article 14 and Article 21 - A.P.S.R.T.C Employees’ (CC&A) Regulations, 1967 - Writ petition challenging the punishment of deferment of increment for two years imposed on the petitioner after reinstatement, claiming it to be unjust and discriminatory - The court found tha Read more.

Andhra Pradesh - Compassionate Appointment - Compassionate appointments are intended to provide financial support to families of deceased employees, but married daughters are not considered dependents unless specific conditions are met.

(A) Constitution of India - Article 226 - Writ of Mandamus - Compassionate appointment - Petitioner sought appointment on compassionate grounds following the death of her sister, a government employee - Application rejected on grounds of financial independence due to her husband's business - Court Read more.

Andhra Pradesh - Natural Justice - A registered lease deed cannot be cancelled unilaterally without adherence to principles of natural justice, requiring a show cause notice.

(A) Principles of Natural Justice - The action of the respondents in cancelling the petitioners' lease without prior notice is declared illegal and arbitrary, violating the principles of natural justice. (Paras 3-6) (B) Lease Deed - A registered lease deed can only be cancelled by a decree of civil Read more.

Andhra Pradesh - Religious Institutions - The court upheld the validity of temple regulations restricting sanctum access to authorized Archakas and their assistants, affirming no entitlement for the petitioner to enter without due process.

(A) Constitution of India - Article 226 - Writ petition for Mandamus - The petitioner challenged the legality of proceedings dated 07.05.1993 restricting entry into temple sanctum to Archakas and their assistants, alleging violation of A.P. Charitable and Hindu Religious Institutions and Endowments Read more.

Andhra Pradesh - Disciplinary Proceedings - Disciplinary proceedings have a distinct standard of proof from criminal trials, allowing for punishment based on misconduct even after acquittal in criminal cases.

(A) Administrative Tribunals Act, 1985 - Section 19 - Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 - Departmental inquiry - Punishment of reduction in time scale of pay imposed on police constable for misconduct - Acquittal in criminal case does not preclude discip Read more.

Andhra Pradesh - Writ Jurisdiction - The court upheld the administrative decision regarding salary enhancements and clarified that the petitioner did not formally request a transfer, leading to the closure of the writ petition.

(A) Constitution of India - Article 226 - Writ petition for transfer of services and pay scale enhancement - Petitioner sought a writ of mandamus against the 2nd and 3rd Respondents for not considering representations for transfer and pay scale increase as per The Andhra Pradesh Charitable And Hind Read more.

Andhra Pradesh - Natural Justice - The court ruled that recovery of salary amounts without prior notice or inquiry violates principles of natural justice and relevant regulations, rendering such orders illegal.

(A) Constitution of India - Article 226 - Writ of Mandamus - Recovery of amounts from salaries without notice - Petitioners challenged the office order for recovery of amounts from their salaries, claiming it violated principles of natural justice and relevant regulations. The court found that the Read more.

Andhra Pradesh - Employment Law - Eligibility for appointment as Food Safety Officers requires full-time experience and qualifications, which the petitioners lacked, leading to dismissal of their claims.

(A) Food Safety and Standards Act, 2006 - Food Safety and Standards Rules, 2011 - Appointment of Food Safety Officers - Petitioners sought appointment as Food Safety Officers, claiming eligibility based on prior roles as Health Assistants and Sanitary Inspectors - Court directed consideration of th Read more.

Andhra Pradesh - Writ Jurisdiction - Gratuity and provident funds are exempt from attachment under Section 60(1)(k) of the CPC, and the withholding of benefits was deemed illegal and arbitrary.

(A) Constitution of India - Article 226 - Writ of Mandamus - Petition for release of service terminal benefits following the death of a government employee - The court found the respondents' inaction illegal and arbitrary, violating Articles 14 and 21 of the Constitution. (Paras 1, 11, 12) (B) Code Read more.

Andhra Pradesh - Natural Justice - The denial of the right to cross-examine witnesses and access evidence against the petitioner constitutes a breach of natural justice, necessitating annulment of the cancellation order.

(A) Andhra Pradesh General Sales Tax Act, 1957 - Rule 65(6) of A.P.VAT Rules, 2005 - Cancellation of enrollment as Sale Tax Practitioner - Petitioner challenged the cancellation order on grounds of denial of opportunity to cross-examine witnesses and lack of information regarding allegations - The Read more.

Andhra Pradesh - Natural Justice - Recovery of salary without prior notice or inquiry violates principles of natural justice, rendering the action illegal and arbitrary.

(A) Andhra Pradesh State Road Transport Corporation Employees (Classification, Control and Appeal) Regulations, 1967 - Regulations 11 & 12 - Constitution of India - Articles 14 and 21 - Recovery of salary amounting to Rs.58,878/- for alleged oil shortage without prior notice or inquiry is declared Read more.

Andhra Pradesh - Public Service Promotion - Participation in pre-promotional training does not confer promotion rights; eligibility for promotion is contingent upon the outcome of pending criminal proceedings.

(A) Constitution of India - Article 226 - Writ of Mandamus - The petitioner sought to challenge the exclusion from pre-promotional training due to pending criminal proceedings, claiming violation of natural justice. The court found that participation in training does not confer promotion rights and Read more.

Andhra Pradesh - Pension Rights - Pension is a property right protected under Article 300A of the Constitution, and withholding it without statutory authority is illegal.

(A) A.P. Revised Pension Rules, 1980 - Rule 9(2)(b) - Right to receive pension - The petitioner, a retired Assistant Director, challenged the withholding of his pension based on allegations from a vigilance report. The court found that the respondents failed to consider a subsequent report that abs Read more.

Andhra Pradesh - Mineral Law - Authorities must follow proper procedures before seizing vehicles; penalties are the appropriate recourse for violations of mining regulations.

(A) Andhra Pradesh Minor Mineral Concession Rules, 1966 - FIR No.86 of 2025 - Bharatiya Nyaya Sanhita, 2023 - Sections 318(1), 303(2) and 3(5) - Andhra Pradesh Water, Land and Trees Act, 2002 - Seizure of vehicle for alleged illegal transportation of sand without valid documents - The petitioner co Read more.

Andhra Pradesh - Writ Jurisdiction - The principles of natural justice require that a party must be given an opportunity to present their case before any adverse action is taken against them.

(A) Constitution of India - Article 226 - Andhra Pradesh Land Encroachment Act, 1905 - Writ petition seeking to declare the demolition notice as illegal for lack of opportunity to be heard and violation of natural justice - Court directed respondents to consider the petitioner's explanation and mai Read more.

Andhra Pradesh - Disciplinary Proceedings - Disciplinary authorities must adhere to prescribed timelines for inquiries; failure to do so can unjustly withhold retirement benefits.

(A) Constitution of India - Article 226 - A P Civil Services (CCA) Rules, 1991 - Writ Petition for relief against disciplinary proceedings - Petitioner, a Sub Treasury Officer, challenged the delay in disciplinary proceedings and withholding of retirement benefits due to allegations of misappropria Read more.

Andhra Pradesh - Land Use and Regulation - The Tahsildar lacked jurisdiction to reject the regularization application, which must be processed by a designated committee as per the Government Order.

(A) Government Order Ms. No. 388 dated 24.08.2017 - Regularization of encroachments - The petitioner claimed occupation of land since 1990 and sought regularization under the Government scheme - The Tahsildar's rejection of her application was challenged on jurisdictional grounds. (Paras 1-3) (B) J Read more.

Andhra Pradesh - Writ Jurisdiction - The court affirmed that status-quo must be maintained pending appeal, emphasizing adherence to natural justice principles.

(A) Constitution of India - Article 226 - Writ of Mandamus - Petition filed challenging the order of the Joint Collector as illegal and out of jurisdiction - Court directed to maintain status-quo for 30 days and to dispose of the pending appeal within three months. (Paras 1, 2, 6, 8) (B) Natural Ju Read more.

Bombay - Public Employment - Candidates in a recruitment process do not acquire an indefeasible right to appointment unless they are on the waiting list, which has a defined lifespan.

(A) Maharashtra State Recruitment Rules - Writ of Certiorari and Writ of Mandamus - Appointment process for Assistant Executive Engineer (Civil) - The Petitioner, not being on the waiting list, cannot claim a right to appointment after the expiration of the wait list period on 10th November, 2024 - Read more.

Central Administrative Tribunal - Public Service Promotion - Discrimination in promotion decisions violates Article 14 of the Constitution, ensuring equal consideration for similarly situated individuals.

(A) Constitution of India - Article 14 - Promotion Policy of J&K Police - The applicant, a Sub Inspector, sought out of turn promotion based on recommendations for his performance in anti-militancy operations, which was denied despite similar cases being promoted. The court found discrimination aga Read more.

Central Administrative Tribunal - Employment and Labor Law - Policy decisions by the Railway Board regarding multi-skilling are valid unless proven arbitrary or in violation of statutes; failure to object to seniority lists undermines claims for promotion.

(A) Railway Board Policy - Notification dated 14.09.2016 - Multi-skilling scheme - The applicant sought promotion to Senior Technician, claiming the merger of trades constituted a surplus cadre, which was ignored by the respondents. The court found the policy decision to be valid and not arbitrary, Read more.

Central Administrative Tribunal - Service Matters - The court upheld the exclusion of special allowances in pay fixation during deputation, affirming the legality of recovering excess salary based on erroneous initial calculations.

(A) DoP&T OM No. 6/8/2009-Estt. (Pay II) dated 17.06.2010 - Pay fixation during deputation - The applicant contested the recovery of excess salary during his deputation period, asserting that his pay was improperly fixed without considering special allowances. The court found no merit in the claim, Read more.

Central Administrative Tribunal - Transfer Policy - Judicial review in transfer matters requires consideration of employee welfare, particularly regarding children's education, and emphasizes the necessity of exhausting alternative remedies.

(A) Transfer Policy - Judicial Review - The applicant challenged the transfer order dated 03.03.2024, seeking to remain at R.O. Mumbai until her daughter completes her X Standard Board Examination in March 2026. The Tribunal noted that the applicant had previously agreed to transfer after March 202 Read more.

Central Administrative Tribunal - Service Law - Public service requires competency; failure to meet examination standards justifies reversion from promoted positions.

(A) Service Law - Promotion and Examination - The applicant, initially appointed under Sports Quota, challenged his reversion from Junior Clerk to Group 'D' due to failure in passing the typing test, claiming no such condition existed for his original appointment. The Tribunal found that the applic Read more.

Central Administrative Tribunal - Employment and Service Matters - The previous place of posting for retention of railway accommodation is determined by where the employee was allotted accommodation, not by subsequent transfers.

(A) Railway Board Master Circular No. 49 (RBE No. 135/2019) - Recovery of damage rent - Applicant challenged recovery of Rs. 10,36,143/- for unauthorized retention of railway quarter - Court found retention was authorized until 31.10.2020 due to COVID-19 and applicant was not at fault for delay in Read more.

Central Administrative Tribunal - Employment Disputes - An employee lacks locus standi to challenge lawful orders of superior officers regarding duty allocation, as such decisions are made under valid authority.

(A) Administrative Law - Authority and Jurisdiction - The applicant sought to quash an allocation of duties and direct compliance with posting orders, alleging violations of authority. The court found that the applicant lacked locus standi to challenge the decisions of senior officers, as they were Read more.

Central Administrative Tribunal - Service Law - Seniority for direct recruits is determined by the year of requisition to the recruiting agency, not the year of joining.

(A) Combined Graduate Level Exam, 1999 - Seniority determination - The Applicants sought determination of the requisition date for vacancies of Income-Tax Inspectors to establish seniority. The requisition was sent on 10.09.1999, but the Respondents contended it was 10.08.2001. The Supreme Court in Read more.

Central Administrative Tribunal - Public Service Recruitment - The court ruled that the applicant is entitled to weightage for her Ph.D. degree awarded before the extended application deadline, emphasizing adherence to fair recruitment practices.

(A) JKPSC (Business & Procedure) Rules, 1980 - Rule 40 & 51 - Recruitment of Veterinary Assistant Surgeons - The applicant challenged the selection process for Veterinary Assistant Surgeons, claiming entitlement to weightage for her Ph.D. qualification. The court found that the applicant's Ph.D. wa Read more.

Central Administrative Tribunal - Employment Law - Exclusion from a recruitment process without communication or opportunity to participate violates principles of natural justice, necessitating corrective measures.

(A) Constitution of India - Article 226 - Jammu and Kashmir Special Recruitment Rules, 2015 - Notification No. 06 of 2015 - Exclusion from recruitment process - Petitioner applied for Junior Assistant post but was omitted from Type Test list, violating principles of natural justice - Respondents fa Read more.

Central Administrative Tribunal - Service Matters - Financial upgradation under MACPS is not available to employees who have received three promotions in their hierarchy, as per the scheme's objectives.

(A) Modified Assured Career Progression Scheme (MACPS) - Financial upgradation - Applicant sought 3rd financial upgradation under MACPS, claiming entitlement after 30 years of service - Respondents denied claim, asserting applicant had received three promotions, thus ineligible for further upgradat Read more.

Central Administrative Tribunal - Public Employment - Candidates participating in a selection process cannot challenge the process after disqualification due to procedural lapses, as established by legal precedent.

(A) J&K Subordinate Services Recruitment Rules, 1992 - Rule 13(ii) - Recruitment process for Naib Tehsildar - Petitioner disqualified for failing to encode test booklet series on answer sheet - Clear instructions provided in examination materials - Disqualification upheld as per established guideli Read more.

Central Administrative Tribunal - Transfer Policy - Judicial review in transfer matters is limited; however, authorities must consider representations related to educational needs of employees' children.

(A) Transfer Policy - The applicant challenged the transfer order dated 11.03.2024, seeking to remain at the current posting until his daughter completes her XII Standard Board Examination. The Tribunal noted that the applicant had not exhausted alternative remedies before approaching it. (Paras 2, Read more.

Central Administrative Tribunal - Tribunal Procedures - The Supreme Court's directions on pension adjustments and arrears are binding, establishing that arrears are payable only prospectively from a specified date.

(A) Administrative Tribunal’s Act, 1985 - Section 22 - Central Administrative Tribunal (Procedure) Rules, 1987 - Review Application - The applicants sought review of an order granting notional increment and consequential benefits, arguing for prospective application only. The Tribunal's order was b Read more.

Central Administrative Tribunal - Employment and Promotion - The tribunal ruled that the applicant's claim for an earlier promotion date was barred by res judicata, as the issue could have been raised in a previous application.

(A) Civil Procedure Code, 1908 - Explanation IV of Section 11 - Promotion and seniority - The applicant sought promotion to Carpenter HS-I from 15.10.1985 instead of 07.09.1994, claiming he was deprived of seniority due to another's transfer - The tribunal found the issue of promotion not maintaina Read more.

Central Administrative Tribunal - Disciplinary Proceedings - Disciplinary proceedings must adhere to principles of natural justice, ensuring unbiased decision-making and fair opportunity for the affected party.

(A) Railway Service (Discipline and Appeal) Rules, 1968 - Disciplinary proceedings - The applicant was removed from service without due process after an accident led to his absence - The Tribunal allowed the application, remitting the matter for further inquiry - The disciplinary authority's action Read more.

Central Administrative Tribunal - Employment and Promotion - Eligibility for promotion must consider total length of service, distinct from seniority, even after a category change at the employee's request.

(A) Railway Board Guidelines - Eligibility Criteria for Promotion - The applicant challenged his ineligibility for promotion to Group 'B' post based on service length, asserting he completed five years of service prior to a category change. The Tribunal ruled that seniority and eligibility are dist Read more.

Central Administrative Tribunal - Pension Schemes - The applicants are entitled to the Old Pension Scheme under the CCS (Pension) Rules, 1972, based on their prior appointment and the applicability of the Office Memorandum dated 03.03.2023.

(A) Administrative Tribunals Act, 1985 - Section 19 - CCS (Pension) Rules, 1972 (2021) - Applicants sought to quash an order denying extension of pension coverage and to enforce an Office Memorandum (OM) dated 03.03.2023 - The Tribunal found that the applicants, having joined KVS prior to the cut-o Read more.

Central Administrative Tribunal - Employment and Promotion - The court emphasized the necessity of providing a detailed order after considering the applicants' reply to the show cause notice, reinforcing the principles of natural justice in administrative decisions.

(A) Promotion and Cadre Restructuring - Review DPC dated 05.02.2025 and show cause notice dated 07.02.2025 challenged - Applicants promoted to Inspector post based on incorrect eligibility criteria - DPC found applicants unfit due to non-completion of requisite service - Applicants argue reversion Read more.

Central Administrative Tribunal - Service Law - An employee's voluntary retirement notice is deemed accepted if not rejected within the notice period, but pending disciplinary proceedings allow the authority to withhold acceptance.

(A) CCS(Pension) Rules, 1972 - Rule 48(1)(a) - CCS(CCA) Rules, 1965 - Rule 16 - Voluntary retirement - Applicant's notice for voluntary retirement was deemed accepted due to lack of rejection before the effective date; however, pending disciplinary proceedings under Rule 16 justified withholding of Read more.

Central Administrative Tribunal - Compassionate Appointment - Compassionate appointment is a concession, not a right, and must be sought promptly; delays undermine the purpose of the scheme.

(A) Administrative Tribunal Act, 1985 - Section 19 - Compassionate appointment - Application for compassionate appointment rejected due to low merit points; applicant scored 48 while last selected candidate scored 69 - The object of compassionate appointment is to alleviate financial distress of th Read more.

Central Administrative Tribunal - Public Employment - The court upheld the validity of a circular regarding inter Commissionerate transfers, affirming that the new recruitment rules lack absorption provisions, thus rendering prior transfers non-est.

(A) Constitution of India - Article 309 - Recruitment Rules of Inspector, 2016 - Inter Commissionerate Transfer - Applicants challenged the validity of a circular directing that transfers made after the notification of new recruitment rules would be non-est, leading to their repatriation to parent Read more.

Central Administrative Tribunal - Transfer Policy - The doctrine of approbate and reprobate prevents a party from changing their position after accepting a benefit, upheld in the context of transfer orders under the KVS Transfer Policy.

(A) Administrative Tribunals Act, 1985 - Section 19 - Transfer Policy 2023 - The applicant challenged the transfer order from K.V. AFS Bidar to K.V. Rajgarhi, citing health issues and lack of medical facilities - The Tribunal found no violation of transfer policy and upheld the transfer as per the Read more.

Central Administrative Tribunal - Public Employment - Disciplinary inquiries against retired government employees must be initiated before retirement; otherwise, they are deemed illegal.

(A) Jammu & Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956 - Rule 31 - Jammu & Kashmir Civil Services Regulations, 1956 - Article 168-A - Disciplinary inquiry against a retired government employee - Inquiry initiated post-retirement is illegal; suspension ceases upon superann Read more.

Central Administrative Tribunal - Service Matters - Transfer orders are valid unless proven arbitrary or in violation of statutory provisions; employees have no vested right to remain at a specific posting.

(A) Administrative Tribunals Act, 1985 - Section 19 - Transfer and Posting - The applicant challenged the posting order dated 29.07.2024 and rejection order dated 04.11.2024, claiming they were arbitrary and violated guidelines. The Tribunal found the orders justified based on surplus/deficiency po Read more.

Central Administrative Tribunal - Promotion and Service Matters - The court affirmed that a show cause notice does not infringe rights unless a final order is issued, emphasizing the need for adherence to principles of natural justice in promotion matters.

(A) Administrative Law - Principles of Natural Justice - The applicants challenge the review DPC and show cause notice regarding their promotion and potential reversion. The DPC failed to consider the requisite service in the feeder cadre, leading to claims of arbitrary action. (Paras 1, 5, 10, 13) Read more.

Central Administrative Tribunal - Compensation Claims - The court established that a causal connection exists between the employee's death and his official duties, entitling the applicant to ex-gratia compensation.

(A) Administrative Tribunals Act, 1985 - Section 19 - Ex-gratia compensation - The applicant challenged the rejection of ex-gratia compensation for the death of his father while on duty, asserting a causal connection between the death and official duties. The court found that the deceased was indee Read more.

Central Administrative Tribunal - Pension and Retirement Benefits - Pension fixation cannot be re-examined beyond 24 months prior to retirement without evidence of fraud, and recovery of excess payments is impermissible.

(A) Jammu & Kashmir Civil Service Regulations - Article 242 - Pension fixation - The applicant, a retired Work Supervisor, challenged the fixation of his pension based on a lower grade pay, arguing that he was entitled to benefits under SRO 59 and SRO 149, which were granted without misrepresentati Read more.

Central Administrative Tribunal - Service Law - The selection process for government posts must comply with statutory provisions, and equitable relief is not granted to those who delay asserting their rights.

(A) J&K Persons with Disability (Equal Opportunity, Protection of Right and Full Participation) Act, 1998 - Section 22 - Selection process for Draftsman (Civil) posts - Applicant challenged the selection list published on 14.02.2008, claiming superior merit over selected candidates - Court found th Read more.

Central Administrative Tribunal - Tribunals and Jurisdiction - A Tribunal lacks jurisdiction to entertain matters without a notification under Section 14(2) of the Administrative Tribunals Act, rendering any orders issued void and not subject to contempt proceedings.

(A) Administrative Tribunals Act, 1985 - Section 14(2) - Jurisdiction of Tribunal - Contempt proceedings initiated for non-compliance with Tribunal's order - Tribunal lacks jurisdiction over the National Institute of Locomotor Disabilities due to absence of notification under Section 14(2) - Contem Read more.

Central Administrative Tribunal - Disciplinary Proceedings - The court upheld the disciplinary authority's decision, emphasizing the limited scope of judicial review in penalty imposition and the necessity of providing a fair opportunity to the charged officer.

(A) Railway Servants (Discipline & Appeal) Rules, 1968 - Disciplinary proceedings - The applicant challenged the disciplinary authority's order imposing a minor penalty after being exonerated in a departmental inquiry, claiming violation of natural justice due to lack of opportunity to present his Read more.

Central Administrative Tribunal - Tribunal Decisions - The Tribunal ruled that pay fixation must adhere to prior orders, emphasizing that recovery of dues post-retirement after significant delay is impermissible.

(A) Administrative Tribunals Act, 1985 - Section 19 - Quashing of impugned order regarding pay fixation - Applicant sought to quash the order dated 14.12.2015, which wrongfully fixed pay from 01.05.1996 instead of 01.03.1993 - Previous orders quashed by Tribunal not considered - Respondents failed Read more.

Central Administrative Tribunal - Disciplinary Proceedings - An individual's acceptance of settlement dues and failure to exhaust available remedies in disciplinary proceedings constitutes acquiescence, barring subsequent challenges.

(A) Railway Servants (Discipline and Appeal) Rules, 1968 - Rule 24(2) - Disciplinary proceedings - Charge-sheet issued for demand and acceptance of bribe - Compulsory retirement imposed without considering the applicant's defense - The original applicant did not exhaust available remedies and accep Read more.

Central Information Commission - Right to Information - The RTI Act mandates access to existing information but does not require public authorities to provide inferences or justifications.

(A) Right to Information Act, 2005 - Section 2(f) - The Appellant filed an RTI application seeking information regarding scheduling of duties and exemptions for nursing officers. The CPIO's response was upheld by the FAA, leading to a Second Appeal. The Commission found the CPIO's reply adequate an Read more.

Central Information Commission - Right to Information - The RTI Act does not obligate public authorities to provide information requiring inferences or justifications, as defined under Section 2(f).

(A) Right to Information Act, 2005 - Section 2(f) - Non-receipt of information - Appellant filed RTI application and subsequent appeals due to lack of response from CPIO - Court found that the RTI application did not qualify under Section 2(f) as it sought clarification rather than existing informa Read more.

Central Information Commission - Right to Information - The RTI Act does not require public authorities to provide information that necessitates drawing inferences or assumptions.

(A) Right to Information Act, 2005 - Section 2(f) - Appellant sought information regarding waiver of notice period upon resignation from a bank - CPIO denied information citing queries not covered under RTI Act - FAA upheld CPIO's decision - Commission found queries speculative and requiring interp Read more.

Chhattisgarh - Writ Jurisdiction - The court affirmed that administrative decisions regarding promotions must consider prior recommendations and contributions, emphasizing the obligation to grant out of turn promotions based on merit.

(A) Writ Jurisdiction - Administrative Law - The appeal concerns the order dated 10.12.2024, allowing a writ petition challenging the rejection of an application for out of turn promotion based on participation in Naxal encounters. The learned Single Judge found that the authorities had previously Read more.

Chhattisgarh - Public Employment - The court upheld the learned Single Judge's order for payment of salary arrears and retiral dues, affirming that no jurisdictional error existed in the decision.

(A) Writ of Mandamus - Payment of arrears of salary - The learned Single Judge directed payment of arrears of salary and retiral dues within 90 days with interest @ 6% per annum - The original petitioner was offered the post of Principal and continued in service until 23.12.2015 without salary paym Read more.

Chhattisgarh - Public Employment - The domicile certificate is not an essential qualification for recruitment, and rejection based on late submission is erroneous.

(A) Chhattisgarh Health and Family Welfare Department Non-Ministerial Para-Medical and Nursing (Directorate Health Services) Class-III Service Recruitment Rules, 2013 - The petitioner challenged the rejection of his candidature for Dresser Grade-II due to non-submission of domicile certificate at t Read more.

Chhattisgarh - Service Matters - Promotion eligibility requires meeting specific qualifications as per amended rules, and delay in claiming promotion can render the claim inadmissible.

(A) Chhattisgarh Food and Drugs Administration (Non-Gazatted) Service Recruitment Rules, 2011 - Amendment in 2019 - Promotion criteria - Petitioner, a Lab Technician, sought promotion to Assistant Public Analyst but was denied due to lack of requisite qualifications as per amended rules - Court uph Read more.

Chhattisgarh - Employment Law - Review jurisdiction is limited to correcting errors apparent on the face of the record, not erroneous decisions.

(A) Code of Civil Procedure, 1908 - Order 47 - Review petition - Review of order dismissing writ petitions regarding seniority and regularization of employees - Petitioners contended that their status was mischaracterized as reappointed instead of regularized, contrary to the State Administrative T Read more.

Court of Appeal Putrajaya - Judicial Review - Public authorities must act within their legal authority and respect legitimate expectations; failure to do so renders their decisions subject to judicial review.

(A) Malaysian Palm Oil Board Act 1998 - Sections 53 and 56 - Judicial Review - Appeal against High Court decision allowing JR to quash Appellant's decision to sell seized Used Cooking Oil (UCO) - Appellant acted beyond authority, violating legitimate expectation of Respondents - Appellant's actions Read more.

Delhi - Land Acquisition - The court mandated additional affidavits and categorization of cases to address issues from prior Supreme Court rulings, emphasizing procedural efficiency.

(A) Land Acquisition Act - Relevant Supreme Court judgments - The court directed the Delhi Development Authority and the Land Acquisition Collector to file additional affidavits addressing issues from previous Supreme Court rulings and to categorize cases for efficient hearing. (Paras 2, 4, 5) (B) Read more.

Delhi - Contract Law - The termination of contracts and debarment from future tenders without affording a hearing violates principles of natural justice, rendering such actions unsustainable.

(A) National Highways Act, 1956 - Contractual Agreements - Termination of contracts and debarment from future tenders - The petitioner challenged the termination of contracts and debarment for two years based on a show cause notice linked to an FIR without specific attribution of wrongdoing. (Paras Read more.

Delhi - Public Interest Litigation - The court emphasized that a petitioner must demonstrate direct interest or impact from alleged unauthorized construction to pursue enforcement of demolition orders.

(A) Constitution of India - Article 226 - Allegation of wilful disobedience of court order regarding demolition of illegal construction - The petitioner seeks to enforce compliance with a prior order concerning unauthorized construction at specified premises. The court directed the Municipal Corpor Read more.

Delhi - Public Welfare - Eligibility for Economically Weaker Section certificate requires strict adherence to documentation and income criteria as per established guidelines.

(A) Economically Weaker Section (EWS) Guidelines - The petitioner sought issuance of EWS certificate, but deficiencies in the application were noted, including missing education certificate and income tax returns for three years - The court emphasized the necessity of fulfilling mandatory requireme Read more.

Delhi - Electricity Regulations - The court emphasized compliance with regulatory requirements for electricity connection applications and clarified the temporary nature of the connection granted.

(A) Electricity Act, 2003 - Sections relevant to electricity connection applications - Allegation of wilful disobedience of court order regarding electricity connection - The court directed the processing of the application for a fresh electricity connection without requiring NOC from the owner, em Read more.

Delhi - Contractual Disputes - Termination of contract and debarment without a hearing violates principles of natural justice.

(A) Contract Agreement - Clause 21(i) and Clause 35(3) - Natural Justice - Termination of contract and debarment from future tenders without a hearing - The petitioner challenged the termination of the contract for operating the Paschim Madati Fee Plaza and the debarment for two years, arguing that Read more.

Delhi - Contractual Disputes - The court emphasized the necessity of adhering to principles of natural justice, ruling that the lack of a hearing invalidated the termination of contracts and debarment actions taken against the petitioner.

(A) National Highways Act, 1956 - Clauses 21(i), 35(3) of the Contract Agreement - Termination of contract and debarment from future tenders - Petitioner challenged the termination of contracts for fee plazas and debarment for two years based on a show cause notice without specific allegations - Co Read more.

Delhi - Contractual Disputes - Actions taken without affording a personal hearing violate principles of natural justice and are unsustainable in law.

(A) Contract Law - Termination of Contract - Natural Justice - The petitioner challenged the termination of the contract agreement and debarment from future tenders by the National Highway Authority of India (NHAI) based on a show cause notice linked to an FIR without specific allegations against t Read more.

Delhi - Writ Jurisdiction - The court affirmed the necessity for compliance with prior orders regarding the timely reconstruction of premises, emphasizing the importance of a comprehensive action plan.

(A) Writ Jurisdiction - Directions for Reconstruction - The court addressed the apprehension of the applicants regarding the timely reconstruction of Teaching Staff Quarters after vacation of premises, as per the order dated 28th October, 2024, which mandated demolition and reconstruction within 24 Read more.

Delhi - Tribunal Jurisdiction - The court emphasized adherence to established medical guidelines in recruitment processes and questioned the mechanical nature of the Tribunal's directive for a re-medical examination.

(A) Central Administrative Tribunal Act, 1985 - Directions for fresh medical examination - The Tribunal directed a fresh medical examination of the applicant by a new medical board, emphasizing compliance within six weeks and potential appointment if found fit. (Paras 11, 12) (B) Medical fitness cr Read more.

Delhi - Contractual Disputes - The termination of a contract and debarment from future tenders without affording a personal hearing violates principles of natural justice.

(A) Contract Law - Termination of Contract - Principles of Natural Justice - The petitioner challenged the termination of the contract for operating the Maharajpur Fee Plaza and the debarment from future tenders, asserting lack of specific allegations and violation of natural justice principles. (P Read more.

Delhi - Public Policy - The court granted an extension for vacating a licensed unit based on parity with other petitioners, emphasizing fairness in judicial discretion.

(A) Constitution of India - Article 226 - Appeal against order regarding catering policy - The appellant challenged Clause 11 of the Commercial Circular No.20 of 2017, which limited the license term for minor units to five years - The appellant was granted a General Minor Unit at a railway station, Read more.

Delhi - Writ Jurisdiction - The court ruled that the petition was satisfied as the flat in question had been permanently de-sealed by the MCD.

(A) Statutory obligations - The petitioner sought directions for the temporary de-sealing of a flat above their own, which had been permanently de-sealed by the Municipal Corporation of Delhi (MCD) on 17th January, 2025 - The court noted that the owner had rectified deviations before de-sealing. (P Read more.

Delhi - Land Acquisition - The court mandated additional affidavits and a categorization chart from the Delhi Development Authority to address issues from prior Supreme Court rulings, emphasizing procedural clarity.

(A) Land Acquisition Act - Relevant Supreme Court judgments - The court directed the Delhi Development Authority and the Land Acquisition Collector to file additional affidavits addressing issues from prior Supreme Court rulings, while allowing for other pleas. (Paras 2, 4, 5) (B) Procedural Direct Read more.

Delhi - Writ Jurisdiction - The court ruled that no coercive action shall be taken against the petitioners pending the submission of an affidavit confirming compliance with construction regulations.

(A) Constitution of India - Article 226 - Writ petition seeking declaration of administrative control over allotments in New Kondli Colony and restraining adverse actions against petitioners' plots - Court directed that no coercive action be taken against petitioners subject to filing of affidavit Read more.

Delhi - Writ Jurisdiction - The court ruled that no appointments would be made without its approval, ensuring the petitioners' interests are protected.

(A) Writ Petition - Regularization of appointments - The petitioners sought to quash an advertisement for nursing officer appointments and regularization of their positions, fearing a fait accompli following the provisional shortlist of candidates by DSSSB - The court noted that no appointments wou Read more.

Delhi - Land Acquisition - The court mandated additional affidavits from authorities to address issues from prior Supreme Court judgments, emphasizing comprehensive responses for ongoing petitions.

(A) Land Acquisition Act - Relevant Supreme Court judgments - Additional affidavits required from Delhi Development Authority and Land Acquisition Collector to address issues from prior judgments and to present all relevant pleas. (Paras 2, 4, 5) Facts of the case: The court ordered the filing of a Read more.

Delhi - Public Interest Litigation - The court directed the Municipal Corporation to address the petitioner's representation regarding site allocation, emphasizing the need for a speaking order due to disputed facts.

(A) Constitution of India - Article 226 - Petition challenging the order of the Deputy Commissioner, Municipal Corporation of Delhi regarding the allocation of a vending site - Petitioner, a Teh Bazari site holder, sought an alternate site due to water leakage issues and alleged non-availability of Read more.

Delhi - Contractual Disputes - The termination of a contract and debarment from future tenders without affording a hearing violates principles of natural justice, rendering such actions unsustainable.

(A) Contract Law - Termination of Contract - Natural Justice - The petitioner challenged the termination of the contract and debarment from future tenders by the NHAI, citing lack of specific allegations and violation of natural justice principles. The court found the termination unsustainable due Read more.

Delhi - Writ Petitions - The court emphasized the procedural requirement for timely responses from the respondents in administrative challenges.

(A) Writ Petition - Challenge to administrative order - The writ petitions contest the withdrawal of permission/license for running/selling fish, chicken, and mutton at a designated market by the Delhi Development Authority - The court directed individual writ petitions to be filed following a prio Read more.

Delhi - Land Acquisition - The court mandated additional affidavits from the Delhi Development Authority and Land Acquisition Collector to address issues from prior Supreme Court judgments and facilitate case categorization for efficient hearing.

(A) Delhi Development Authority Act - Additional affidavits required - The court ordered the Delhi Development Authority and the Land Acquisition Collector to file additional affidavits addressing issues from prior Supreme Court judgments and allowed for other pleas. (Paras 1-7) (B) Chart preparati Read more.

Delhi - Cooperative Societies - The court emphasized the necessity for timely compliance with orders regarding administrative processes, particularly in the context of allotment of housing.

(A) Code of Civil Procedure, 1908 - Section 151 - Writ petition for allotment of flat - Petitioner repeatedly forced to approach the Court for compliance with previous orders regarding flat allotment - Court directed Registrar Cooperative Societies to forward petitioner's name to the Delhi Developm Read more.

Delhi - Natural Justice - Actions taken without affording a hearing violate principles of natural justice, rendering them unsustainable.

(A) Contract Agreement - Clauses 21(i), 35(3) - Natural Justice - Termination of contract and debarment from future tenders without a hearing - The petitioner challenged the termination of the contract for operating the Navasari Fee Plaza and the debarment for two years, arguing lack of specific al Read more.

Delhi - Land Acquisition - The court mandated additional affidavits addressing issues from prior Supreme Court rulings to facilitate organized hearings in land acquisition cases.

(A) Land Acquisition Act - Relevant Supreme Court judgments - The court directed the Delhi Development Authority and the Land Acquisition Collector to file additional affidavits addressing issues from prior Supreme Court rulings, including DDA vs. Tejpal & Ors., (2024) 7 SCC 433; Govt. of NCT of De Read more.

Delhi - Public Housing - The court emphasized the need for fairness in public housing policies, questioning the legality of restricting EWS flat allocation to one per applicant despite prior commitments.

(A) Constitution of India - Article 226 - Writ petition seeking to quash a circular regarding eligibility criteria for EWS flats - The petitioner challenged the restriction of one flat per applicant despite owning multiple flats, arguing it contravenes prior commitments made by the DDA. (Paras 3-10 Read more.

Delhi - Electricity Regulation - The principle of natural justice requires that all parties be given an opportunity to be heard before a decision affecting their rights is made.

(A) Electricity Act, 2003 - Section 42(6) - Challenge to order of Electricity Ombudsman - Petitioner contests the Ombudsman's decision allowing an appeal without hearing the petitioner, who holds registered title documents and had the electricity meter transferred in their name - The Ombudsman fail Read more.

Delhi - Tender Processes - Disputes arising from technical glitches in tender processes are not suitable for adjudication under Article 226 of the Constitution, requiring expert evaluation beyond the court's jurisdiction.

(A) Constitution of India, 1950 - Article 226 - Writ petition seeking mandamus for reconducting a tender process due to alleged technical glitches faced by the petitioner - The petitioner contended that the technical glitch during the Reverse Auction process led to exclusion from competitive biddin Read more.

Delhi - Municipal Law - The court ruled that the NDMC's actions regarding unauthorized construction satisfied the petitioner's request, emphasizing that judicial processes should not be misused for personal disputes.

(A) Municipal Laws - Unauthorized Construction - The writ petition sought directions for the demolition of an illegal structure at a specified property. The NDMC reported that all unauthorized constructions had been demolished, and no new construction was ongoing. (Paras 1-11) (B) Judicial Process Read more.

Delhi - Natural Justice - Termination of contract and debarment without a hearing violates principles of natural justice, rendering such actions unsustainable.

(A) Contract Agreement - Clause 35(3) - Natural Justice - Termination of contract and debarment from future tenders without a hearing - The impugned communication from NHAI terminating the contract and debarring the petitioner for two years was set aside due to violation of principles of natural ju Read more.

Delhi - Municipal Law - The acceptance of conversion and parking charges by the Municipal Corporation indicates authorization for commercial activities, thus denying the sealing request.

(A) Delhi Municipal Corporation Act, 1957 - Section 345-A - Writ petition for sealing property - Petitioner claims unauthorized commercial activities by respondents in the property - MCD conducted inspection and found prima facie evidence of such activities - MCD to take action within two weeks if Read more.

Delhi - Customs Law - The issuance of show cause notices in customs matters must adhere to statutory limitation periods, and clarity on the status of seized goods is essential.

(A) Constitution of India - Article 226 - Customs Act, 1962 - Seizure of goods - Petitioners challenged the belated issuance of show cause notices regarding the seizure of gold items, claiming it was beyond the permissible period under Section 110(2) of the Customs Act - The court noted the lack of Read more.

Gauhati - Service Discharge - Discharge from service upheld as valid; allegations of coercion and violation of natural justice not substantiated, reaffirming that factual disputes cannot be adjudicated under Article 226.

(A) Constitution of India - Article 226 - Discharge from service - The petitioner challenged the discharge from the post of Rect/Lab Assistant, alleging violation of natural justice and coercion in obtaining consent - The petitioner claimed he was assaulted and coerced into signing documents withou Read more.

Gauhati - Disciplinary Proceedings - Penalties affecting pensionary benefits cannot be imposed during service, and disciplinary proceedings can continue post-retirement under Rule 21 without a fresh decision from the Governor.

(A) Assam Services (Discipline and Appeal) Rules, 1964 - Rule 7 - Assam Service (Pension) Rules, 1969 - Rule 21 - Disciplinary proceedings - The learned Single Judge set aside the punishment order dated 03.03.2017, which imposed penalties on the appellant, while allowing continuation of proceedings Read more.

Gauhati - Writ Jurisdiction - The unilateral reduction of transportation distance by the appellants was arbitrary, violating contractual obligations as per the tender notice.

(A) Writ Jurisdiction - The impugned order dated 26.09.2019 in WP(C) No.4882/2019 directed the appellants to process the bills of the respondent based on a committee's recommendation, clearing outstanding dues within 60 days - The appellants had reduced the transportation distance from 7 km to 5.2 Read more.

Gauhati - Disciplinary Proceedings - Minor penalties can be imposed without a full enquiry if the employee is notified of the charges and allowed to respond, as per the Assam Services (Discipline & Appeal) Rules, 1964.

(A) Assam Services (Discipline & Appeal) Rules, 1964 - Section 15 - Penalty imposed without full enquiry - Writ petition challenging penalty of censure and adjustment of leave against suspension - Court held that minor penalties can be imposed without a full enquiry if proper notice is given - The Read more.

Gujarat - Licensing - The court upheld the denial of firearm licence renewal due to lack of evidence for personal safety needs, affirming the authorities' discretion in licensing decisions.

(A) Arms Act, 1959 - Sections related to firearm licensing - Renewal of firearm licence - The petitioner’s application for renewal of a firearm licence was rejected by the District Collector and upheld by the Appellate Authority, citing lack of evidence for personal threat and safety needs. (Paras Read more.

Gujarat - Government Benefits - The court emphasized the necessity for petitioners to submit individual representations for benefits, ruling that failure to pay immediately does not indicate willful disobedience of court orders.

(A) Government Resolution dated 17.10.1988 - Directions for grant of benefits - The learned Single Judge directed petitioners to submit individual representations for benefits under the Government Resolution, which must be decided by the Range Forest Officer within six weeks. (Paras 3, 4) (B) Compl Read more.

Gujarat - Regulatory Compliance - The court upheld the confiscation of goods for violating licensing conditions, emphasizing the applicant's failure to substantiate claims made post-proceedings.

(A) Gujarat Essential Articles (Licensing, Control and Stock Declaration), Order, 1981 - Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 - Confiscation of goods - Revision application against the order of confiscation of 30 barre Read more.

Gujarat - Employment Law - The court affirmed that an appointment made in violation of recruitment rules is void ab initio, and principles of natural justice do not apply when cancellation is based on undisputed facts.

(A) Gujarat Civil Services (Classification and Recruitment (General)) Rules, 1967 - Recruitment Rules of Havaldar Instructor, Class-III, Home Guards Organization, 2008 - Appointment cancellation - The appointment of the respondent was cancelled for not possessing requisite experience as mandated by Read more.

Himachal Pradesh - Public Employment - Employees are entitled to annual increments earned before retirement for pension calculations.

(A) Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. - Interim order in Union of India & Anr. vs. M. Siddaraj - Entitlement to annual increment for pension calculation - Petitioner, a TGT, retired on 31.10.2021, seeks increment due from 01.11.2021. (Paras 3-5) (B) Increment and Pens Read more.

Himachal Pradesh - Public Procurement - Tender cancellations by public authorities must be justified with valid reasons, adhering to principles of fairness, transparency, and the doctrine of legitimate expectation.

(A) Public Procurement Law - Principles of fairness, transparency, and legitimate expectation - Tender awarded to petitioner was arbitrarily withdrawn without valid grounds, violating principles of public procurement and natural justice - Court emphasized the necessity of justifying tender cancella Read more.

Karnataka - Writ Jurisdiction - The court affirmed the right to operate a recreational club under lawful conditions, emphasizing compliance with legal standards and prior court orders.

(A) Karnataka Police Act, 1963 - Sections 2(14) and 2(15) - Writ of Mandamus sought to prevent interference with the activities of a recreational association - The court reiterated the importance of lawful recreational activities and the necessity for compliance with legal provisions. (Paras 1-6) ( Read more.

Karnataka - Disciplinary Proceedings - Departmental proceedings can continue post-acquittal in criminal cases without violating double jeopardy, as they operate under different standards of proof.

(A) Constitution of India - Articles 226 and 227 - Prevention of Corruption Act, 1988 - Section 7A - Disciplinary proceedings against a public servant for corruption - The Tribunal upheld the penalty of compulsory retirement after finding the charges proved based on preponderance of probability, de Read more.

Kerala - Public Welfare - The State must ensure timely disbursement of scholarships to eligible students with disabilities and enforce compliance with its policies, holding Local Self Government Institutions accountable for failures.

(A) Kerala State Policy for Persons with Disabilities - Government Orders dated 3 April 2017, 19 April 2022, and Circulars dated 16 August 2018, 25 January 2019, and 19 January 2025 - Non-disbursal of scholarships to eligible students with disabilities - The State's failure to implement its own pol Read more.

Kerala - Co-operative Societies - Disciplinary actions taken by a sub-committee of a co-operative society are beyond jurisdiction if overruled by a Full Bench, allowing for reopening of cases not attained finality.

(A) Co-operative Societies Act - Disciplinary action - The Co-operative Arbitration Court's order was challenged based on the precedent set in Kondanchery Service Co-operative Bank Ltd. v. Joshy Varghese [2020 (4) KLT 129], which was later overruled by the Full Bench in Mattanur Co-operative Rural Read more.

Kerala - Writ Jurisdiction - The court held that a trainee's employment during DNB training is permissible if it does not hinder training and is supported by the institution's consent.

(A) Constitution of India - Article 226 - Medical education - The petitioner, a DNB trainee, sought to quash orders cancelling her registration due to her acceptance of a government job while in training - The court found that the petitioner had not violated any norms as she had taken leave with pe Read more.

Kerala - Writ Jurisdiction - The Agricultural Officer must conduct an independent inquiry when assessing applications under the Kerala Conservation of Paddy Land and Wetland Act, ensuring all relevant factors are considered.

(A) Kerala Conservation of Paddy Land and Wetland Act, 2008 - Sections 2(xii), 2(xviii), and 2(xvA) - Writ petition challenging rejection of application for removal from Data Bank - The petitioner, a senior citizen, sought financial assistance for reconstruction of her dilapidated building but was Read more.

Kerala - Public Service Employment - Provisional service must be considered for increments and pensionary benefits if similar employees received such recognition, ensuring equal treatment.

(A) Kerala Public Service Commission - Regularisation of service - Provisional service - Petitioners entered regularised service in 1995 but sought to reckon provisional service for increments and pensionary benefits, which was rejected by the Tribunal - Similar benefits were granted to Junior Heal Read more.

Kerala - Employment Law - The court emphasized adherence to prescribed qualifications for appointment and the availability of alternative remedies before the University Appellate Tribunal.

(A) Mahatma Gandhi University Act - Statutes regarding qualifications for appointment - The petitioner challenged the appointment of a candidate lacking requisite qualifications for the post of Lower Division Typist/Computer Assistant, as per Ext.P4 and Ext.P5, which clearly outline the necessary q Read more.

Kerala - Local Governance - The Secretary of the Panchayat lacks authority to order tree removal; such decisions must be made by the Panchayat Committee.

(A) Kerala Panchayat Raj Act, 1994 - Section 238 - Writ petitions filed by neighbours regarding nuisance caused by trees on petitioner's property - Orders issued by the Secretary of the Kolazhy Grama Panchayat directing removal of trees challenged - Court held that the Secretary lacks authority to Read more.

Kerala - Environmental Regulation - The court ruled that obtaining an NOC from the relevant authority invalidates prior notices to cease quarrying activities.

(A) Relevant laws include the decision of the SEIAA from its 147 meeting held on 27th and 28th of 2022 regarding quarrying activities and the necessity of obtaining an NOC from the Irrigation/Water Authority Department. (B) The court emphasized that the issuance of an NOC satisfies the conditions i Read more.

Kerala - Writ Jurisdiction - The court recognized the importance of allowing a petitioner to pursue an alternate remedy under the Employees' State Insurance Act, deferring proceedings accordingly.

(A) Employees' State Insurance Act, 1948 - Section 45A - Determination of contributions - Writ petition challenging order determining contributions for the period from September 2016 to September 2017 - Court stayed further proceedings for one month and allowed deferment for two months to enable th Read more.

Kerala - Tendering Process - The court ruled that the financial eligibility criteria in tendering must allow consideration of the fourth previous year's audited balance sheet when the latest is not available, ensuring fairness and non-arbitrariness in the tender process.

(A) Tendering Process - Financial Eligibility Criteria - The petitioner, an experienced contractor, challenged the exclusion of its tender based on the non-submission of the audited balance sheet for FY 2023-24, arguing that the fourth previous year's balance sheet should be considered as per Claus Read more.

Kerala - Writ Jurisdiction - Interim orders affecting substantial rights are subject to appeal, and entitlement issues must be resolved before mandating payments.

(A) Kerala High Court Act, 1958 - Section 5(i) - Payment of Gratuity Act, 1972 - Writ appeal challenging interim order directing payment of revised pay and allowances to retired employees - The learned Single Judge's order was deemed to infringe upon the appellant's substantial rights, as it mandat Read more.

Kerala - Public Employment - The government has the authority to transfer Senior Residents for administrative reasons in public interest, overriding individual preferences.

(A) Government Order dated 16.12.2009 - Senior Residency Program - Transfer of Senior Residents - Petitioners, Senior Residents at Government Dental College, Kottayam, challenged their transfer to Thiruvananthapuram, claiming lack of jurisdiction and personal hardships. The court held that the tran Read more.

Kerala - Transfer of Employees - The court affirmed the right of a petitioner to withdraw a petition and seek reconsideration of a transfer order based on subsequent events.

(A) No specific laws or sections cited - The court addressed the procedural aspect of withdrawal of an original petition and the implications of a transfer order being put on hold due to the applicant's medical condition. (B) Legal principle of liberty to withdraw a petition with the option to reap Read more.

Kerala - Writ Jurisdiction - The withholding of DCRG is unjustified without a fixed liability against the petitioner.

(A) Writ Jurisdiction - Denial of Death-Cum-Retirement Gratuity (DCRG) - The petitioner, a retired Headmaster, challenged the withholding of DCRG due to a pending audit objection and fixed liability - The court found no liability imposed on the petitioner, thus justifying the disbursement of DCRG. Read more.

Madras - Disciplinary Proceedings - Disciplinary authorities have the discretion to impose penalties, but courts may modify punishments that are deemed disproportionate to the charges, ensuring they do not adversely affect pension rights.

(A) Tamil Nadu Civil Services (Discipline & Appeal) Rules, 1955 - Rule 17(b) - Writ petition challenging the punishment of reduction of pay scale imposed on the petitioner for alleged insubordination and negligence - The petitioner claimed entitlement to selection grade after 10 years of service, b Read more.

Madras - Tendering Process - The rejection of a tender bid must be justified with clear adherence to specified qualifications; arbitrary rejection without proper reasoning is impermissible.

(A) Tendering Process - Evaluation Criteria - The Lubricating Oil and Greases (Processing, Supply and Distribution Regulations) Order, 1987 - 1988 - The petitioner challenged the rejection of its bid for supply of Light Diesel Oil, asserting compliance with bid qualifications. The respondent reject Read more.

Madras - Disciplinary Proceedings - The court upheld the compulsory retirement of a judicial officer for proven corruption, emphasizing the integrity required in judicial service.

(A) Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 - Rule 17(b) and Rule 8(vi) - Disciplinary proceedings - Compulsory retirement imposed on petitioner for receiving bribes in judicial service - Charge framed was found to be proved based on CCTV evidence and testimonies - The court e Read more.

Madras - Disciplinary Proceedings - The court held that failure to provide an opportunity to defend oneself in disciplinary proceedings constitutes a violation of natural justice, especially when the punishment impacts career prospects.

(A) CCS (Conduct) Rules, 1964 - Rule 3(1)(iii) - CISF Act, 1968 - Section 10(d) - Disciplinary proceedings - Respondent, a Deputy Commandant, was charged with gross misconduct for failing to prevent an agitation that led to the manhandling of an ONGC officer - The disciplinary authority imposed a m Read more.

Madras - Disciplinary Proceedings - Judicial review under Article 226 does not permit re-evaluation of evidence from disciplinary proceedings; procedural lapses must be substantiated to overturn findings.

(A) Tamil Nadu Civil Supplies Service Rules - Part V, Section 4 - Disciplinary action - The petitioner, a Deputy Regional Manager, was suspended and subsequently charged with misappropriation of funds. The enquiry found the charges proved, resulting in a punishment of stoppage of increment for thre Read more.

Madras - Land Law - The Tamil Nadu Land Encroachment Act, 1905 is a self-contained code providing structured processes for notice, response, and appeals regarding land encroachment.

(A) Tamil Nadu Land Encroachment Act, 1905 - Sections 6, 7, 10, 10-A, and 10-B - Writ petition challenging an order/notice issued under Section 6 of the Act - The petitioner contended that no notice under Section 7 was received, while the State claimed it was served - The court found variance in si Read more.

Madras - Disciplinary Proceedings - Judicial review of disciplinary proceedings under Article 226 does not permit re-evaluation of evidence; procedural lapses must be addressed by the appellate authority.

(A) Tamil Nadu Civil Supplies Service Rules - Part V, Section 4 Annexure - 1 - Disciplinary proceedings - The petitioner, a Deputy Manager, was suspended and later charged with misappropriation of funds. The enquiry found the charges proved, leading to a punishment of stoppage of increment for five Read more.

Madras - Land Encroachment - The Tamil Nadu Land Encroachment Act, 1905 is a self-contained code, requiring proper notice and response procedures, with the court emphasizing the preservation of rights for both parties.

(A) Tamil Nadu Land Encroachment Act, 1905 - Sections 6, 7, 10, 10-A, and 10-B - Writ petition challenging an order/notice issued under Section 6 of the Act - The court found variance in signatures on the notice and noted that the impugned order did not state that the petitioner failed to respond t Read more.

National Green Tribunal - Disciplinary Proceedings - Procedural fairness is essential in administrative proceedings, and ongoing legal matters can preclude disciplinary actions against individuals involved.

(A) Review Application - Disciplinary Proceedings - The Tribunal's order directing disciplinary action against the Tahasildar was reviewed due to lack of notice and opportunity to respond, leading to findings of no deliberate complacency in handling tree felling allegations. (Paras 1, 17, 19) (B) P Read more.

Rajasthan - Writ Jurisdiction - The classification of drop-in fuel as a petroleum product under the Essential Commodities Act requires further examination, and the existence of an alternative remedy does not bar the High Court from exercising its jurisdiction.

(A) Essential Commodities Act, 1955 - Section 6A - Appeal against dismissal of writ petition regarding classification of drop-in fuel - The appellant contended that drop-in fuel does not fall under the definition of petroleum products as per the Act. The learned Single Judge dismissed the writ peti Read more.

Rajasthan - Examinations - The court upheld the validity of the REET Level-I examination, finding no evidence of malpractice or grounds for cancellation based on allegations related to Level-II.

(A) Writ Jurisdiction - Examination Malpractices - The petitioners sought to declare the REET Level-I examination illegal and requested an inquiry into alleged irregularities. The State Government canceled the REET Level-II examination due to paper leaks but did not cancel Level-I, leading to claim Read more.

Delhi - Arbitral Award Review - The court affirmed that under Section 34 of the Arbitration and Conciliation Act, 1996, it cannot reassess the merits of an arbitral award unless it violates public policy or is patently illegal.

(A) Arbitration and Conciliation Act, 1996 - Section 34 - Appeal against arbitral award - The appellant challenged the award dated 11.05.2005 on grounds of undue delay and bias, which was dismissed by the learned ADJ - The court reiterated that the jurisdiction under Section 34 is limited, and it c Read more.

Madras - Interim Measures - An application for impleadment in arbitration proceedings does not qualify as an interim measure under Section 17 of the Arbitration Act, making any appeal against its dismissal not maintainable.

(A) Arbitration and Conciliation Act, 1996 - Section 37 - Appeal against order of Sole Arbitrator - Appellant sought impleadment of a third party in arbitration proceedings - The court held that the application for impleadment does not qualify as an interim measure under Section 17 of the Arbitrati Read more.

Andhra Pradesh - Securitization and Reconstruction of Financial Assets - The court ruled that a party cannot pursue writ jurisdiction when an alternative statutory remedy is available, emphasizing the need for proper creditor-debtor relationships in SARFAESI proceedings.

(A) Constitution of India - Articles 14, 19, 21, 300-A - SARFAESI Act, 2002 - Section 13(2) and 13(4) - Challenge to the action of the State Bank of India in taking possession of gym equipment claimed by the petitioner, a partnership firm, without any loan agreement or hypothecation - The petitione Read more.

Kerala - Account Freezing - The court established that banks must lift account freezes to the extent of amounts specified by police requisitions and require timely police communication regarding seizure reporting.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition for lifting debit freeze on bank account - The court directed the bank to lift the freeze only to the extent of the amount mentioned in the police requisition, ensuring pet Read more.

Kerala - Writ Jurisdiction - The court ruled that a bank's freeze on an account must align with the police requisition, and failure to report seizure to the Magistrate can invalidate the freeze.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition for lifting debit freeze on bank account - Court directed that the bank freeze should only apply to the amount specified in the police requisition, allowing the petitioner Read more.

Kerala - Writ Jurisdiction - The court established that bank account freezes must be limited to the disputed amount and require timely police reporting to ensure fairness to account holders.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition filed to lift the freezing of a bank account - The court directed that the freezing order be confined to the disputed amount of Rs.6,10,929/- and that the bank must act pro Read more.

Kerala - Writ Jurisdiction - The court ruled that bank account freezes must be limited to specified amounts and require timely police reporting to ensure fairness to account holders.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition for lifting the freeze on a bank account - The court directed the bank to limit the freeze to the amount specified by the police and to act promptly on police communication Read more.

Kerala - Writ Jurisdiction - Indefinite freezing of bank accounts without timely police reporting to the Magistrate is invalid; banks must limit freezes to specified amounts.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition to lift freezing of bank account - The petitioner contended that the freezing was illegal and arbitrary due to police requisition - Court directed that the freezing order b Read more.

Kerala - Writ Jurisdiction - The court ruled that banks must limit account freezes to specified amounts and that police must report seizures to the Magistrate to avoid indefinite freezes.

(A) Code of Criminal Procedure - Section 102 (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023) - Writ petition to lift freezing of bank account - The freezing was arbitrary as no amounts were specified in the police requisition - The court directed that the bank must limit the freez Read more.

Delhi - Writ Petition - The court recognizes the urgency of addressing gender discrimination in seat reservations for women candidates, independent of related pending Supreme Court proceedings.

(A) Gender Discrimination - The case involves a question of gender discrimination regarding the reservation of seats for women candidates aspiring for the post of Pilot. The petitioner seeks an urgent hearing due to the implications of pending proceedings in WP(C) 33/2023. (Paras 5, 8) Facts of th Read more.

Delhi - Property Dispute - All legal heirs must share latent liabilities, such as property penalties, to ensure clear title transfer under a conciliated agreement.

(A) Transfer of Property Act, 1882 - Section 55(1)(a) - Execution application - Dispute regarding penalties on property - Judgment Debtor No. 1 seeks directions against Decree Holder for non-compliance of a prior order - The parties, being legal heirs of the deceased, had a conciliated agreement re Read more.

Delhi - Commercial - Exemption from pre-institution mediation granted due to urgency; timelines established for filing documents and responses under the Commercial Courts Act.

(A) Commercial Courts Act, 2015 - Sections 12A and 63(4)(c) - Application for exemption from pre-institution mediation granted due to urgency - Plaintiff permitted to file additional documents and granted time for filing request certificate - Court fee application noted - Suit registered and summon Read more.

Delhi - Procedural - The imposition of costs for false complaints serves to ensure accountability and discourage misuse of legal processes.

(A) Code of Civil Procedure, 1908 - Section 151 - Application for preponement of hearing - The petitioner sought to advance the hearing date of a writ petition due to pending complaints before the Lokayukta, which were stayed pending deposit of costs - The Lokayukta imposed costs for filing false c Read more.

Gujarat - Review Application - The court ruled that a delay in filing a review application cannot be condoned without sufficient explanation, especially when the State Government failed to contest the original petition.

(A) Code of Civil Procedure, 1908 - Section 5 - Condonation of delay - Application for condonation of delay of 206 days in filing a review application was rejected as the applicant failed to provide sufficient explanation for the delay - The applicant-Panchayat initiated compliance with the court's Read more.

Gujarat - Debt Recovery - Court permits travel abroad for a loan defaulter director, emphasizing balance of convenience and absence of criminal charges.

(A) Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - SARFAESI Act - Application for permission to travel abroad - Applicant, a director of a defaulter company, seeks permission to travel for business despite outstanding dues - Court allows travel on conditions including deposit Read more.

Himachal Pradesh - Civil Procedure - Defendants' application to set aside an ex-parte decree was dismissed due to lack of timely action and failure to demonstrate improper service.

(A) Code of Civil Procedure - Order 9 Rule 13 - Setting aside of ex-parte decree - Defendants challenged the decree for possession and recovery of amount, claiming lack of service - Both courts found defendants were duly served and represented - Application for setting aside was filed beyond limita Read more.

Karnataka - Review Jurisdiction - A review petition under CPC must demonstrate an error apparent on the record; it cannot be used to reargue previously decided matters.

(A) Code of Civil Procedure, 1908 - Section 114 and Order XLVII Rule 1 - Review petition filed to challenge the judgment dated 30.01.2023 in W.A.No.2514/2014 - Petitioners sought to declare the scheme lapsed, previously dismissed by the learned Single Judge - Court found no error apparent on the re Read more.

Madras - Writ Jurisdiction - Specific directions are essential in writ petitions to ensure compliance with customary practices and prevent discrimination against participants.

(A) Constitution of India - Article 226 - Writ appeal to set aside order of Writ Court for participation in temple festival - Appellant sought direction for inclusion in the Panguni Pongal Festival - Writ Court recorded submissions of respondents and closed the petition without specific directives Read more.

Allahabad - Arbitration - The filing of an application under Section 34 of the Arbitration Act does not automatically stay the execution of an arbitral award, and compliance with the award is mandatory unless stayed by a competent court.

(A) Arbitration and Conciliation Act, 1996 - Section 34 - Execution of arbitral award - The petitioner, a tenant, challenged the execution order for mesne profits based on an unregistered tenancy agreement and an arbitration award. The court found that the award was not stayed and the petitioner wa Read more.

Andhra Pradesh - Property Law - In partition suits, comprehensive adjudication is essential to determine rightful shares, and dismissal without proper evidence and issue framing is erroneous.

(A) Hindu Succession Act, 1956 - Joint Family Property - The plaintiffs sought partition of the joint family property left by late Govinda Pillai, who died intestate, claiming equal shares. The trial Court dismissed the suit, citing insufficient evidence regarding ownership. (Paras 3, 9, 10, 12) (B Read more.

Andhra Pradesh - Property Law - The principle of res-judicata does not apply when the issues in subsequent suits are not identical, allowing for the question of eviction to remain open pending appeal.

(A) Specific Relief Act, 1963 - Section 14 - Civil Procedure Code, 1908 - Order XIV Rule 2 - Agreement of sale - Petitioner sought specific performance of an agreement of sale for a house, which was dismissed by the trial Court, but the advance amount was to be returned - The issue of res-judicata Read more.

Andhra Pradesh - Civil Procedure - A stay of execution under Order XXI, Rule 29 C.P.C. requires simultaneous proceedings against the decree-holder, which were not present in this case.

(A) Civil Procedure Code, 1908 - Section 115 and Order XXI, Rule 29 - Revision petition against dismissal of stay of execution - The petitioner sought to stay execution pending appeal, claiming the respondent misled the court - The execution court found no pending application under Order IX, Rule 1 Read more.

Bombay - Partition - Execution of a preliminary decree is not maintainable without a final decree, necessitating adherence to prescribed procedures for partition.

(A) Code of Civil Procedure - Order 20, Rule 18(1) and (2) - Execution of preliminary decree - The court held that execution based on a preliminary decree is premature and not maintainable without a final decree, emphasizing the necessity of following proper procedures for partition. (Paras 5, 20) Read more.

Chhattisgarh - Property Law - Defendants cannot benefit from both the sale of land and compensation received for its acquisition; they must return the compensation to the plaintiffs.

(A) Code of Civil Procedure, 1908 - Section 100 - Second Appeal - The appellants challenged the decree directing them to execute a sale deed for land in favor of plaintiffs, claiming compensation for land acquired by the State. The courts below upheld the plaintiffs' claim, leading to the appeal. ( Read more.

Chhattisgarh - Property Disputes - In property disputes involving encroachment, the appointment of a Local Commissioner under Order 26 Rule 9 of CPC is essential for accurate identification and resolution.

(A) Code of Civil Procedure, 1908 - Order 26 Rule 9 - Application for appointment of a Commissioner - Rejection of application by trial Court challenged - Dispute regarding identity of a wall between two plots - Court emphasized the necessity of local investigation for elucidating matters in disput Read more.

Delhi - Property Disputes - The trial court's dismissal of the suit was improper as it relied on an unproduced Will, which the appellant was not required to challenge.

(A) Civil Procedure Code, 1908 - Order 39 - Appeal against dismissal of suit for possession - The appellant filed two suits for recovery and possession of property, one against a cousin and another against a maternal uncle - The suit against the uncle was dismissed due to failure to challenge a Wil Read more.

Delhi - Property Law - The court emphasized the importance of mediation in resolving disputes regarding unauthorized construction while allowing parties to maintain their rights before the Appellate Tribunal.

(A) Delhi Municipal Corporation Act, 1957 - Sections 343 and 344 - Unauthorized construction - The Municipal Corporation of Delhi initiated demolition proceedings for unauthorized lift installation after revoking permission due to a complaint - The matter was referred to the Delhi High Court Mediat Read more.

Delhi - Motor Vehicle Accident Compensation - The calculation of notional income for homemakers must reflect their contributions, ensuring just compensation in line with social equality principles.

(A) Motor Vehicles Act, 1988 - Section 173 - Appeal for enhancement of compensation - The Appellants challenged the compensation awarded of Rs. 35,77,423/- along with 9% interest, arguing that deductions were wrongly applied and that the deceased, a homemaker and tailor, deserved higher compensatio Read more.

Delhi - Contract Law - The court affirmed that an owner must comply with directions to obtain a Completion Certificate, regardless of disputes over construction completion.

(A) Agreement Law - Breach of Contract - The appellant, owner of the property, entered into an agreement with the respondent/builder for construction, allowing the builder to retain two floors. The appellant's failure to cooperate in obtaining the Completion Certificate constituted a breach. (Paras Read more.

Delhi - Property Law - A party cannot seek to enforce a court judgment while simultaneously challenging its validity, as this creates conflicting legal positions.

(A) Code of Civil Procedure, 1908 - Section 114 - Review Petition - The review petition seeks to challenge the judgment dated 04.05.2021, which upheld the decree for recovery of possession of a shop and addressed the issue of mesne profits. The court noted that the review petitioner attempted to en Read more.

Delhi - Mediation - The court encourages mediation as a means to resolve disputes before litigation, emphasizing the importance of amicable settlement.

(A) Civil Procedure Code, 1908 - Mediation - Applications for exemption from filing originals/certified copies of documents - Plaintiff seeks declaration against cancellation of Agreements to Sell and specific performance - Court encourages mediation before litigation - Defendants agree to not crea Read more.

Delhi - Execution of Decrees - The court emphasized the necessity for accurate accounting in execution matters and adherence to prior court orders regarding payments.

(A) Civil Procedure Code, 1908 - Execution of Decree - Allegation of wilful disobedience of court order - Tenant's payment of amounts towards rent and mesne profits - Respondent admitted receipt of Rs.7,50,000/- towards satisfaction of decree - Petitioner claims overpayment and seeks adjustment - N Read more.

Delhi - Motor Vehicle Accident Claims - Courts must ensure realistic compensation assessments for disability claims, as highlighted in the ruling.

(A) Motor Vehicles Act, 1988 - Section 173 - Appeal for enhancement of compensation - The Appellant challenges the compensation awarded of Rs. 32,85,373/- along with 9% interest, arguing for a higher disability assessment based on a Supreme Court ruling. (Paras 6, 7) (B) Compensation - Courts must Read more.

Delhi - Family Law - The court emphasized the necessity of compliance with maintenance orders and allowed the condonation of delay in filing replication due to the defendant's lack of objection.

(A) Limitation Act, 1963 - Section 5 - Code of Civil Procedure, 1908 - Order XI Rule 21 - Condonation of delay in filing replication - Application for condonation of 15 days delay allowed as defendant had no objection - Plaintiff's application to strike defence due to non-payment of maintenance - D Read more.

Delhi - Contract Law - The court affirmed that the burden of proof lies on the defendant to substantiate claims, which was not met, leading to the upholding of the trial court's decision.

(A) Indian Evidence Act, 1872 - Section 65B - Recovery of loan - The appeal contests the judgment directing recovery of Rs.6 lakhs with interest at 6% p.a. - The respondent provided financial assistance to the appellant, who failed to repay despite repeated requests - The trial court found sufficie Read more.

Delhi - Property Law - The court condoned the delay in filing the appeal subject to costs, emphasizing the need to consider the rent agreement in light of the Delhi Rent Control Act.

(A) Civil Procedure Code, 1908 - Section 5 - Delay in filing appeal - Applications for condonation of delay of 572 days in filing and 36 days in re-filing the appeal were filed - Delay condoned subject to payment of costs of Rs. 10,000/- to the respondent. (Paras 1-4) (B) Rent Control Act - Applica Read more.

Delhi - Contract Law - The court affirmed the maintainability of the suit under the Commercial Courts Act, emphasizing compliance with mediation requirements and procedural rules for document submission.

(A) Commercial Courts Act, 2015 - Section 12A - Suit for specific performance and damages under Property Development Agreement - The plaintiff seeks specific performance of obligations and damages due to breach of contract. The court addresses the maintainability of the suit concerning pre-institut Read more.

Delhi - Property Law - The court allowed the amendment of plaint and impleading of a new plaintiff, emphasizing the enforceability of agreements and the protection of rights under the doctrine of lis pendens.

(A) Civil Procedure Code, 1908 - Order VI Rule 17, Order I Rule 10, Order XXXIX Rule 1 and 2 - Amendment of plaint and impleading of parties - Plaintiff permitted to amend plaint and add a new plaintiff - Exemption application allowed with conditions for document inspection - Suit registered for de Read more.

Delhi - Review Proceedings - The scope of a Review Petition is limited to errors apparent on the record and does not allow for re-evaluation of case merits.

(A) Code of Civil Procedure, 1908 - Order XXXIX Rules 1 & 2 - Review Petition - Delay in filing the Review Petition is condoned - The Review Petition challenges the Order dated 10.12.2024 on grounds including deficient Court fees and improper possession - The Court finds that the issues raised are Read more.

Delhi - Injunctions - A simpliciter suit for injunction is not maintainable if the title is disputed and possession is admitted, with the court's jurisdiction limited to the documents on record.

(A) Code of Civil Procedure, 1908 - Section 115 - Specific Relief Act, 1963 - Proviso to Section 34 and Section 41(h) - Application for condonation of delay in filing Petition allowed - Petitioners challenge dismissal of Application under Order VII Rule 11 CPC - Court finds that the jurisdiction is Read more.

Delhi - Property Law - The court mandated the release of detained jewellery, emphasizing compliance with judicial orders and the implications of potential appeals.

(A) Customs Act, 1962 - Section 151 of CPC - Detention of gold jewellery - Application for return of seized jewellery filed by the Petitioner - Court directed release of jewellery within two weeks or payment of its value with interest if disposed of - Respondent failed to comply with order, leading Read more.

Delhi - Writ Jurisdiction - The locus standi does not apply in criminal matters; only the Presiding Officer can file complaints regarding perjury related to court documents.

(A) Code of Criminal Procedure, 1973 - Sections 195 and 340 - Review petition - Dismissal of review petition challenging the dismissal of applications for impleadment in a writ petition concerning unauthorized construction and alleged perjury - Appellant claimed to be a whistleblower but lacked loc Read more.

Gauhati - Appellate Procedure - The appellate court must decide on merits if sufficient evidence exists, rather than remanding for a de-novo trial when the trial court has already considered the counter-claim.

(A) Code of Civil Procedure, 1908 - Sections 100, Order XLI, Rules 23, 23-A, and 24 - Second appeal against remand for de-novo trial - First Appellate Court remanded the case citing non-consideration of counter-claim - Appellant contended that the trial court had considered the counter-claim and di Read more.

Gujarat - Procedural Law - Restoration of appeal is permissible when absence of counsel is not willful, ensuring justice is served.

(A) Civil Procedure Code, 1908 - Section 151 - Restoration of appeal - Application for restoration of First Appeal No. 4652 of 2019 was filed after dismissal for want of prosecution - Court noted absence of advocate was not deliberate and allowed restoration - The order dated 07.07.2023 was recalle Read more.

Himachal Pradesh - Motor Accident Claims - The petitioner failed to demonstrate sufficient grounds for condoning the delay in filing an application to set aside an ex-parte award, leading to dismissal of the petition.

(A) Motor Vehicles Act, 1988 - Section 166 - Code of Civil Procedure - Order 9 Rule 13 - Dismissal of application for condonation of delay in setting aside ex-parte award - Petitioner failed to prove sufficient cause for delay and was found to have knowledge of the proceedings. (Paras 1, 10, 17) (B Read more.

Karnataka - Specific Performance - The issuance of a legal notice and advance payment are sufficient to establish a plaintiff's readiness and willingness to perform a contract for specific performance.

(A) Specific Relief Act, 1963 - Section 10 - Agreement of sale - Dispute regarding execution of sale deed - Plaintiff entered into an agreement of sale with defendant, paid advance, but defendant failed to execute the sale deed despite legal notice - Trial Court rejected specific performance but or Read more.

Karnataka - Contract Law - Agreements executed during a non-alienation period are unenforceable under statutory provisions, as affirmed by the Supreme Court.

(A) Specific Relief Act, 1963 - Suit for specific performance - Agreement of sale dated 07.08.1985 for property subject to non-alienation clause - Plaintiff's claim dismissed by trial and appellate courts on grounds of invalidity due to statutory provisions - Courts found no valid agreement and pla Read more.

Karnataka - Inheritance and Partition - The plaintiff failed to establish his relationship with Narayan Jattappa, resulting in the dismissal of his partition suit.

(A) Code of Civil Procedure, 1908 - Section 100 - Appeal against dismissal of suit for partition - Plaintiff claims to be the son of Narayan Jattappa, but fails to provide acceptable evidence to establish this relationship - Both Trial Court and First Appellate Court dismissed the suit, confirming Read more.

Karnataka - Contract Law - The court affirmed that specific performance must be granted when the essentials of a registered Agreement of Sale are proven, regardless of claims regarding the land's status.

(A) Code of Civil Procedure, 1908 - Section 100 - Specific Performance - The defendants challenged the judgment confirming the relief of specific performance granted by the First Appellate Court, asserting that the land is Inam land and cannot be alienated. The courts found the Agreement of Sale va Read more.

Karnataka - Property Law - A plaintiff must establish ownership and peaceful possession to succeed in a permanent injunction suit, with evidence and admissions playing a crucial role in determining rightful possession.

(A) Civil Procedure Code, 1908 - Sections 100 and 101 - Permanent injunction - Appeal against decree of first appellate court reversing trial court's dismissal of suit for injunction - Plaintiff claimed ownership and peaceful possession of land, while defendant alleged incorrect boundaries and lack Read more.

Karnataka - Succession and Inheritance - An employee of public service cannot bequeath service benefits through a Will; such benefits must go to legal heirs.

(A) Code of Civil Procedure, 1908 - Order VII Rule 11 - Rejection of plaint - The Trial Court dismissed the application under Order VII Rule 11, contending that service benefits cannot be bequeathed by an employee of public service - The court found that the plaintiff's claim was based on a registe Read more.

Karnataka - Rent Control - The Karnataka Rent Act does not apply to premises belonging to charitable institutions, and jurisdictional objections must be raised promptly, as a decree without jurisdiction is a nullity.

(A) Karnataka Rent Act, 1999 - Section 2(3)(ii) - Civil Procedure Code - Section 115 - Revision Petition challenging dismissal of eviction appeal - The court found that the Karnataka Rent Act does not apply to premises belonging to charitable institutions, thus confirming the jurisdictional issue r Read more.

Kerala - Property Law - The court upheld the trial court's final decree for partition, emphasizing equitable allotment of property and the practical ability to construct houses on allotted plots.

(A) Civil Procedure Code, 1908 - Sections relevant to partition and final decree - Preliminary decree ordered division of property into 27 shares, allotting 6 to petitioners - Respondents sought allotment of specific plot including house - Court appointed Commissioner for partition, considering equ Read more.

Kerala - Banking and Finance - The court emphasized compliance with interim orders and directed the bank to consider the petitioner's proposal for renewing the overdraft facility and restoring possession of the secured asset.

(A) SARFAESI Act - Proceedings for recovery of loan - Guarantor's challenge to possession of mortgaged property - Petitioner, as guarantor, contested proceedings initiated by the bank for recovery from her son, who availed a loan - Court considered the petitioner's employment status and willingness Read more.

Kerala - Debt Recovery - A petitioner must demonstrate bona fides and compliance with court orders to be entitled to interim relief; failure to do so results in dismissal of the petition.

(A) SARFAESI Act - Section 18 - Debts Recovery Appellate Tribunal - Petition for waiver and stay - Petitioner sought relief against possession of secured asset, but failed to demonstrate bona fides or compliance with interim orders - Court found no merit in the petitioner's claims due to substantia Read more.

Madhya Pradesh - Easement Rights - The High Court cannot interfere with concurrent findings of fact unless they are perverse; a substantial question of law must be established for a second appeal under CPC.

(A) Code of Civil Procedure, 1908 - Sections 100 and 101 - Second Appeal - Dismissal of appeal by High Court for lack of substantial question of law - Concurrent findings of fact by lower courts upheld - No perverse finding established - The appellants claimed easement rights over land for access t Read more.

Madhya Pradesh - Limitation - The court emphasized that the State must provide sufficient cause for condoning delays, reinforcing that the law of limitation applies equally to all parties.

(A) Limitation Act, 1963 - Section 5 - Condonation of delay - Application filed by the State to condone a delay of 642 days in restoring a dismissed MCC - The court found that the State failed to provide sufficient cause for the delay, emphasizing that mere bureaucratic inefficiency does not justif Read more.

Madras - Specific Performance - The court upheld the trial Court's discretion to condone a 3447-day delay in restoring a suit, emphasizing the need for extraordinary reasons to reverse such discretion.

(A) Constitution of India - Article 227 - Civil Procedure - Condonation of Delay - The trial Court allowed the application to condone the delay of 3447 days in restoring a suit for specific performance dismissed for default, emphasizing the need for extraordinary reasons to overturn such discretion Read more.

Punjab and Haryana - Civil Procedure - The High Court's power under Article 227 is to be exercised with restraint, ensuring compliance with prior orders and maintaining judicial discipline.

(A) Constitution of India - Article 227 - Revision petition for quashing order allowing application for summoning file and deciding civil suit - The petitioner challenged the legality of the order dated 28.11.2024, which restored a suit previously withdrawn with liberty to file a fresh suit. The co Read more.

Rajasthan - Property Disputes - The initial burden of proof regarding the validity of a Will lies with the propounder, while the burden to prove forgery lies with the challengers.

(A) Constitution of India - Article 227 - Code of Civil Procedure, 1908 - Order XIV Rule 5 - Petitioners challenged the order of the Trial Court regarding the burden of proof in a suit concerning the validity of a registered Will - The Trial Court partly allowed the application for amendment of iss Read more.

Rajasthan - Execution Proceedings - The Executing Court lacks authority to disburse funds when the matter is pending before the High Court, emphasizing the jurisdictional limits of execution proceedings.

(A) Civil Procedure Code, 1908 - Order 21 Rule 83 - Execution proceedings - The petitioner-Bank challenges the order of the Executing Court directing payment of Rs.24,02,954/- to the respondent-decree holder, asserting that the matter is pending before the High Court and the Executing Court lacks a Read more.

Delhi - Limitation - The limitation for filing a suit is three years from the date when the cause of action arises, as clarified by the Supreme Court.

(A) Code of Civil Procedure, 1908 - Section 115 - Limitation Act, 1963 - Article 58 - Petition filed against the order dismissing an application under Order VII Rule 11(d) - The court found that the issue raised is a mixed question of fact and law requiring evidence, thus the suit cannot be dismiss Read more.

Delhi - Mediation - The court emphasizes mediation as a primary method for dispute resolution, requiring parties to engage in settlement talks before proceeding to final hearings.

(A) Mediation and Conciliation - Referral to mediation - The court directed the parties to appear before the Delhi High Court Mediation and Conciliation Centre for settlement talks, emphasizing the importance of mediation in resolving disputes amicably. (Paras 2, 3) (B) Court Procedure - Written Read more.

Madras - Pleading - Striking off a plaint under Order VI Rule 16 CPC requires clear evidence of fraud manifest in the pleadings; it is an extraordinary remedy not to be lightly granted.

(A) Code of Civil Procedure, 1908 - Order VI Rule 16 - Application to strike off plaint - Petitioner contended that the plaint omitted necessary parties and suppressed material facts, constituting an abuse of process - The learned Single Judge dismissed the application, stating that the entire plai Read more.

National Company Law Appellate Tribunal - Abuse of Dominance - The court upheld the Competition Commission's findings of abuse of dominant position by Google, emphasizing that penalties must be based on relevant turnover, not total turnover.

(A) Competition Act, 2002 - Sections 4 and 27 - Abuse of dominant position - Appeal against the order of the Competition Commission of India imposing penalties on Google for mandating the use of its billing system and discriminatory practices - The Commission found Google to have abused its dominan Read more.

Delhi - Judicial Appointments - Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024 is constitutional, as it distinguishes between judicial officers based on assessable performance, thus not violating Articles 14 and 19(1)(g) of the Constitution.

(A) Constitution of India - Articles 14, 19(1)(g), and 21 - Challenge to Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024 - Petitioner contends that Rule 9B is arbitrary and discriminatory, restricting eligibility for designation as Senior Advocate to retired judicial o Read more.

Kerala - Habeas Corpus - A successive writ petition for habeas corpus on new grounds is maintainable, but challenges against the same detention order are barred by res judicata principles.

(A) Kerala Anti-Social Activities (Prevention) Act, 2007 - Section 3(1) - Detention of individual - The petitioner challenges the legality of detention orders issued under the Act, claiming the orders are illegal and seeking habeas corpus - The court considers the maintainability of a subsequent wr Read more.

Consumer State - Insurance Claims - Insurer not liable for claims based on misrepresentation of material facts by the life assured, upheld by evidence.

(A) Consumer Protection Act, 1986 - Sections 2(1)(g), 12, and 13 - Life Insurance Policy - Repudiation of claim - Insurer's repudiation of death claim due to misrepresentation of material facts by the life assured is upheld - The District Consumer Commission's order allowing the complaint is set as Read more.

Consumer State - Insurance Claims - The failure to maintain valid vehicle registration constitutes a fundamental breach of the insurance contract, allowing the insurer to repudiate claims related to theft.

(A) Motor Vehicles Act, 1988 - Sections 39 and 192 - Insurance claim - Complainant's motorcycle was stolen while under temporary registration that had expired prior to the theft - Insurer repudiated the claim citing violation of policy terms - District Consumer Commission allowed the complaint, but Read more.

Kerala - Religious Institutions - Political activities are incompatible with the sanctity of temple worship and ceremonies, and the Travancore Devaswom Board must ensure compliance with this principle.

(A) Contempt of Courts Act, 1971 - Section 12 - Allegation of willful disobedience of court directions regarding political activities in temples - The petitioner alleged that the Temple Advisory Committee allowed political songs during a temple festival, violating the sanctity of the event. (Paras Read more.

Chhattisgarh - Public Contracts - The withholding of payment without valid reason constitutes arbitrary action, and courts have discretion to award interest for delayed payments in commercial transactions.

(A) Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 - Section 2(1) - Writ appeal against order for refund of security deposit and performance guarantee - The learned Single Judge ordered refund within two months, failing which interest at 7% per annum would apply - The appellant comple Read more.

Delhi - Termination of Contract - The court ruled that termination of a contract without a remedial notice is arbitrary and violates contractual obligations, emphasizing the need for adherence to policy and due process.

(A) Contract Law - Termination of Contract - The petitioner sought to quash the termination letter dated 14th February, 2025, and the rejection of their appeal on 12th March, 2025, regarding catering services on trains. The petitioner was awarded the tender on 18th July, 2024, requiring establishme Read more.

Delhi - Termination of Contract - The court ruled that termination of a contract without issuing a remedial notice violates contractual obligations, emphasizing the need for adherence to procedural fairness.

(A) Contract Law - Termination of Contract - The petitioner challenged the termination of the Letter of Award for catering services, arguing that no remedial notice was issued prior to termination, violating contractual obligations. (Paras 10, 13, 14) (B) Judicial Review - The court found that the Read more.

Delhi - Termination of Contract - Termination of a contract requires adherence to procedural fairness, including issuing a remedial notice before cancellation.

(A) Contract Law - Termination of Contract - The petitioners sought to quash the termination of their catering services contract, arguing that no remedial notice was issued prior to termination, violating contract terms. The court noted the petitioners had invested significantly and found a prima f Read more.

High Court Malaya Johor Bahru - Breach of Contract - Conditions precedent in contracts must be fulfilled before obligations arise; failure to serve a termination notice invalidates it.

(A) Joint Development Agreement - Conditions Precedent - The Plaintiff and Defendant entered into a Joint Development Agreement on 7 November 2016 for a mixed development project. The Defendant failed to pay Progressive Payments due to the Plaintiff's non-compliance with conditions precedent regard Read more.

Central Electricity Regulatory Commission - Director Appointment - The appointment of Independent Directors must comply with the governance structure outlined in the Power Market Regulations, ensuring no conflicts of interest exist.

(A) Companies Act, 2013 - Sections 149(6), 149(7), 152(3) - Power Market Regulations, 2021 - Regulation 17 - Appointment of Independent Directors - The petition seeks approval for the appointment of four Independent Directors on the Board of PXIL, which is required to have a minimum number of Indep Read more.

Delhi - Corporate Governance - The court emphasizes the need for clarity on membership representation and adherence to corporate governance rules in resolving disputes.

(A) Companies Act, 2013 - Sections related to membership and representation in corporate governance - Dispute regarding representation of respondent no.3 through IRP versus Monitoring Committee appointed by NCLT - Court requires clarification on membership details and associated documents from both Read more.

Delhi - Insolvency - The court emphasized that the Impugned Order contravened prior NCLAT and Supreme Court directions regarding the waiver of penal damages under the IBC.

(A) Sick Industrial Companies (Special Provisions) Act, 1985 - Repealed - Insolvency and Bankruptcy Code, 2016 - Section 14B - Waiver of penal damages - The Petitioner was found not registered under BIFR and thus ineligible for waiver of penal damages as per the Impugned Order. (Paras 1, 2) (B) NCL Read more.

High Court Malaya Kuala Lumpur - Winding-Up - Winding-up of a company is justified on just and equitable grounds when there is a loss of substratum and a breakdown of mutual trust between shareholders.

(A) Companies Act 2016 - Section 465(1)(b) - Winding-up petition based on just and equitable principles - Petitioner, a minority shareholder, sought winding-up due to loss of substratum and breakdown of mutual trust - Company ceased operations after losing sole distributorship and had zero sales si Read more.

National Company Law Appellate Tribunal - Company Appeals - Tribunal's orders under Companies Act are enforceable as decrees but do not constitute decrees per CPC, limiting their judicial authority to formulate decrees.

(A) Companies Act, 2013 - Sections 241, 242, 424(3) - Company Appeals challenging the Impugned Order dated 02.12.2022 regarding the execution of orders for recovery of funds allegedly diverted - The Tribunal held that its orders are enforceable as a decree but do not constitute a decree as defined Read more.

National Company Law Appellate Tribunal - Insolvency and Bankruptcy - The classification of creditors in resolution plans must adhere to established legal precedents, distinguishing between operational and secured creditors based on statutory provisions.

(A) Companies Act, 2013 - Section 30(6) - Maharashtra Value Added Tax Act, 2002 - Section 33 - Appeal against approval of resolution plan - Appellant contended that it should be treated as a secured creditor due to statutory dues under MPVAT Act - Tribunal upheld treatment as operational creditor, Read more.

Rajasthan - Insolvency and Bankruptcy - The NCLT lacks jurisdiction to vacate attachment orders under the Prevention of Money Laundering Act, as it operates as a self-contained code with specific provisions for appeals.

(A) Constitution of India - Article 227 - Prevention of Money Laundering Act, 2002 - Sections 5, 8, 9, 12(1), 26, 35, 42 - Insolvency and Bankruptcy Code, 2016 - Sections 31, 238 - Jurisdiction of NCLT to vacate attachment orders under PMLA - The NCLT lacks jurisdiction to nullify orders under PMLA Read more.

Supreme Court - Insolvency - Claims not included in a Resolution Plan under the Insolvency and Bankruptcy Code are extinguished and cannot be pursued post-approval.

(A) Constitution of India - Article 129 and Article 142 - Contempt of Courts Act, 1971 - Section 2(b) - Contempt petition filed alleging willful disobedience of a prior judgment regarding the binding nature of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016 - The court held that al Read more.

Allahabad - Criminal Procedure - The trial court must either accept or reject a police report and cannot dispose of a protest petition without following proper procedures.

(A) Code of Criminal Procedure, 1973 - Sections 173(8), 190(1)(b) - Criminal Revision - Challenge to orders of Chief Judicial Magistrate and Additional Sessions Judge regarding police report and protest petition - The trial court exceeded its jurisdiction by disposing of the protest petition withou Read more.

Allahabad - Quashing of Proceedings - The High Court can quash criminal proceedings in matrimonial disputes when the parties have amicably settled their differences, provided no serious offences are involved.

(A) Indian Penal Code - Sections 498-A, 323, 506 - Dowry Prohibition Act - Sections 3 and 4 - Quashing of criminal proceedings - The court quashed the proceedings of Criminal Case No. 1355 of 2024 based on a verified compromise between the parties, emphasizing that continuation would amount to trav Read more.

Allahabad - Quashing of Proceedings - The court may quash criminal proceedings if allegations do not constitute a prima facie case, especially when they appear vague or maliciously instituted.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Application filed to quash summoning order and proceedings under Sections 323, 504, 506 IPC - Allegations deemed vague and lacking prima facie evidence - Delay in filing complaint raises doubts about authenticity - Proce Read more.

Allahabad - Bail - The court emphasized the right to bail and speedy trial, ruling that the absence of incriminating evidence justified granting bail to the applicant.

(A) Foreigners Act, 1946 - Section 14-A - Bail application filed by foreign national charged under various sections including those of the Foreigners Act and B.N.S. - Allegations of illegal entry into Indian territory - Applicant claimed no incriminating evidence was found against him - Court noted Read more.

Andhra Pradesh - Bail - Mere verbal abuse does not constitute abetment of suicide under Section 108 of the Bharatiya Nyaya Sanhita, 2023; direct incitement is required.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bharatiya Nyaya Sanhita, 2023 - Section 108 - Anticipatory bail - Accused charged with abetting suicide - Court found insufficient evidence of incitement to suicide, ruling that mere abuse does not meet the criteria for abetment under Sec Read more.

Andhra Pradesh - Quashing of FIR - The court ruled that FIR registration under Section 174 Cr.P.C. is invalid for deaths occurring outside India, as jurisdiction does not extend beyond national boundaries.

(A) Code of Criminal Procedure, 1973 - Section 174 - Quashing of FIR - Petitioners, parents of accused No.1, challenged the registration of FIR under Section 174 Cr.P.C. for a death that occurred outside India - Court held that FIR registration was impermissible as the death occurred outside jurisd Read more.

Andhra Pradesh - Dowry Harassment - The court upheld the conviction under Section 498-A IPC, affirming that cruelty is a continuous offence and emphasizing limitations on revisional jurisdiction regarding evidence reappraisal.

(A) Code of Criminal Procedure, 1973 - Sections 397 and 401 - Indian Penal Code, 1860 - Section 498-A - Revision challenging conviction for dowry harassment - Conviction confirmed despite arguments of insufficient evidence and violation of speedy trial rights - Court emphasized that cruelty is a co Read more.

Andhra Pradesh - Bail Applications - Bail in serious offences like rape requires careful consideration of the nature of the crime, societal impact, and severity of allegations, not solely the filing of a charge sheet.

(A) Bharatiya Nyaya Sanhita, 2023 - Sections 70(1), 77, 351(2), 69, 75(1) - Information Technology Act, 2000 - Section 67-A - Criminal Petition for bail - Allegations of sexual assault and coercion - The petitioner is accused of facilitating gang rape and coercing the victim into sexual acts under Read more.

Andhra Pradesh - Bail - The court denied bail due to the serious nature of the allegations and lack of changed circumstances since the previous dismissal.

(A) BNSS - Sections 480 and 483 - ITA, 2000-2008 - Criminal Petition for regular bail - Accused involved in serious allegations including drug-related offenses and threats - Previous bail application dismissed due to ongoing investigation and lack of changed circumstances - Court finds no grounds f Read more.

Andhra Pradesh - Bail Applications - Bail should not be punitive; it is to secure attendance at trial, and pre-trial detention must be justified by substantial evidence of risk of flight or tampering.

(A) Bharatiya Nagarik Suraksha Sanhitha, 2023 - Sections 480 & 483 - Indian Penal Code, 1860 - Sections 120B, 166, 167, 197, 307, 326, 465, 506 r/w 34 - Criminal Petition for bail - Allegations of custodial torture and attempted murder against the petitioner - The petitioner was not named in the FI Read more.

Andhra Pradesh - Bail - Anticipatory bail should be granted sparingly, considering the gravity of allegations and the necessity of custodial interrogation for effective investigation.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 35(3) - Bharatiya Nyaya Sanhita, 2023 - Sections 318(4), 316(5), 61(2) - Anticipatory bail application - Allegations of fraud involving substantial amounts by bank employees - Petitioner claimed to be a victim misled into involvement - Court em Read more.

Bombay - Bail Applications - Prolonged incarceration without trial violates the right to speedy justice under Article 21, necessitating bail despite the gravity of the charges.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 143, 147, 148, 149, 302, 323, 342, 364, 395, 511 r/w 120B - Bail application filed by accused persons seeking regular bail after 13 years of incarceration pending trial - Court noted the gravity of the c Read more.

Chhattisgarh - Bail - Cancellation of anticipatory bail requires cogent circumstances; mere allegations of non-compliance are insufficient without supervening evidence.

(A) Code of Criminal Procedure, 1973 - Section 439(2) - Cancellation of anticipatory bail - Petition filed for cancellation of anticipatory bail granted to accused persons - Allegations of financial irregularities and non-compliance with bail conditions - Court found no cogent reasons or supervenin Read more.

Chhattisgarh - Bail - The court granted bail based on the applicant's detention period, the nature of the offence, and parity with a co-accused, emphasizing compliance with court conditions.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 318(4), 338, 336(3), 340(2), 61(2), 3(5) - Bail application - Applicant arrested for preparing forged documents to transfer property - Applicant claims false implication and seeks bail on grounds of parity with co-accused granted bail - Court Read more.

Chhattisgarh - Murder - The prosecution must prove guilt beyond reasonable doubt; reliance on circumstantial evidence and Section 106 of the Evidence Act without sufficient evidence is insufficient for conviction.

(A) Criminal Procedure Code, 1973 - Section 374(2) - Indian Penal Code, 1860 - Section 302 - Conviction for murder - Appellant convicted and sentenced to life imprisonment; co-accused acquitted - Prosecution failed to prove guilt beyond reasonable doubt, relying on circumstantial evidence and presu Read more.

Chhattisgarh - Sexual Offences - The court established that emotional manipulation does not negate consent in sexual relationships, emphasizing the distinction between false promises and genuine breaches of promise.

(A) Code of Criminal Procedure, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 376(2)(n) and 506 - Appeal against conviction for rape - Conviction based on emotional manipulation and false promise of marriage - Prosecutrix, aged 21, engaged in consensual relationship, later claimed rape Read more.

Chhattisgarh - Murder - Extra-judicial confessions require corroboration and must inspire confidence to be admissible for conviction; otherwise, they are considered weak evidence.

(A) Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 374(2) - Conviction for murder - Appellant convicted for murder and sentenced to life imprisonment based on extra-judicial confession - Court found the confession to be weak evidence, lacking corroboration and volun Read more.

Chhattisgarh - Bail - The court granted bail to the applicant despite serious allegations, emphasizing the need for fair trial considerations and the applicant's prolonged detention.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code - Section 420, 34 - Bail application - Applicant arrested for embezzlement of funds in connection with a fraudulent car sale scheme - The applicant contended he was falsely implicated and had refunded a significant amoun Read more.

Chhattisgarh - Murder - The prosecution must prove guilt beyond reasonable doubt, especially in cases relying on circumstantial evidence, which must meet established legal principles.

(A) Indian Penal Code, 1860 - Sections 302/34 and 201/34 - Criminal appeal against conviction for murder and destruction of evidence - Conviction based on circumstantial evidence including witness statements and sniffer dog proceedings - Court found insufficient evidence to uphold conviction, empha Read more.

Chhattisgarh - Appeal against Acquittal - The acquittal of the accused was upheld as the prosecution failed to prove the case beyond reasonable doubt, particularly due to the sole eyewitness turning hostile.

(A) Indian Penal Code, 1860 - Section 307 - Acquittal appeal - The trial Court acquitted the accused of the charge under Section 307 IPC, finding that the sole eyewitness turned hostile and did not support the prosecution case. The prosecution failed to prove its case beyond reasonable doubt. (Para Read more.

Chhattisgarh - Bail - The court established that the absence of evidence against the appellant and the granting of bail to co-accused justified the appellant's release on bail, emphasizing parity in bail considerations.

(A) Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14-A(2) - Indian Penal Code - Sections 365, 323, 302, 201, 506, 212, 147, 120(B) - Criminal appeal against bail denial - The appellant was accused of involvement in the abduction and murder of a worker, with alleg Read more.

Chhattisgarh - Bail - The court granted bail based on the nature of the offence, period of detention, and gravity of injuries, emphasizing conditions for the applicant's presence during trial.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 296 and 109(1) - Bail application - Applicant arrested for grievous injury caused during an altercation - Court considers nature of offence, period of detention, and gravity of injuries - Bail granted with conditions to ensure presence during Read more.

Chhattisgarh - Bail Applications - The court granted bail based on the nature of the offence, the applicant's detention period, and the simple nature of the injuries sustained by the complainant.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bharatiya Nyaya Sanhita, 2023 - Sections 309(6), 111, 5(3) - Arms Act - Sections 25 and 27 - Bail application - Applicant arrested for robbery at knifepoint, with a cash amount of Rs.200/- looted - Injuries sustained by the complainant we Read more.

Chhattisgarh - Sentencing - The court reduced the sentences of the appellants to the time already served, considering the lengthy delay since the incident and their ages, while affirming the fines imposed.

(A) Indian Penal Code, 1860 - Sections 147, 331, and 149 - Conviction and sentencing of appellants for assault leading to death - Appellants convicted for offences under Sections 331/149 and 147, with sentences of rigorous imprisonment and fines imposed - The court found no illegality in the trial Read more.

Chhattisgarh - Electricity Theft - The court upheld the conviction for electricity theft but modified the sentence to a higher fine instead of imprisonment, considering the lengthy duration of the case.

(A) Electricity Act, 2003 - Section 135(a) - Conviction for electricity theft - Appellant convicted and sentenced to 6 months RI and a fine of Rs.2000/- - Appellant was found illegally using electricity by hooking a wire to the main power line - Prosecution examined 6 witnesses to establish guilt - Read more.

Chhattisgarh - Sexual Offences - The prosecution must prove guilt beyond a reasonable doubt, and insufficient evidence led to the acquittal of the respondent in a sexual offence case.

(A) Code of Criminal Procedure, 1973 - Section 378 - Indian Penal Code, 1860 - Section 377 - Protection of Children from Sexual Offences Act, 2012 - Section 4 - Appeal against acquittal - The appellant/State challenged the acquittal of the respondent for unnatural sexual intercourse with a minor, a Read more.

Chhattisgarh - Bail - Anticipatory bail can be granted when the circumstances indicate a lack of direct involvement in the alleged crime and the likelihood of prolonged trial.

(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail application - Applicants apprehending arrest for abetment of suicide - Case based on allegations of harassment leading to suicide of Udayraj Mishra - Video evidence of harassment recovered - Applicants claim false implica Read more.

Chhattisgarh - Murder - The prosecution must establish a close link between the discovery of evidence and its use in the crime; mere recovery of a weapon is insufficient for conviction without proving its connection to the offence.

(A) Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 374(2) - Conviction for murder - Appellant convicted for murder and sentenced to life imprisonment - Prosecution's case based on circumstantial evidence, primarily recovery of a blood-stained knife - Court emphasize Read more.

Chhattisgarh - Bail - Cancellation of anticipatory bail requires cogent evidence of interference with justice or abuse of bail, not merely allegations.

(A) Code of Criminal Procedure, 1973 - Section 439(2) - Anticipatory bail - Petition for cancellation of anticipatory bail granted to respondent on grounds of threats and coercion - The petitioner alleged that respondent threatened her to withdraw FIR under Sections 376(2)(n) and 506 IPC - The cour Read more.

Chhattisgarh - Bail - Cancellation of bail requires cogent evidence of misuse or supervening circumstances; mere allegations are insufficient.

(A) Code of Criminal Procedure, 1973 - Section 439(2) - Cancellation of bail - Petition challenging the rejection of cancellation of bail granted to respondents - Petitioner alleges misuse of bail and interference with witnesses - Court finds no cogent evidence of bail misuse or supervening circums Read more.

Chhattisgarh - Property Seizure - The court emphasized the need for expeditious release of seized vehicles to prevent depreciation and unnecessary damage, affirming the rights of registered owners not involved in alleged crimes.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 64, 351(2) - Code of Criminal Procedure - Section 451 - Petition for release of seized vehicle - Petitioner, as registered owner, sought release of vehicle seized in connection with alleged crime involving her son - Court emphasized that seize Read more.

Chhattisgarh - Bail - The court emphasized that the victim's consent in a relationship is crucial in determining bail eligibility, especially in cases involving serious allegations.

(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code - Sections 376(2)(n), 294, 506, 323, 313 - Bail application - The applicant, arrested for serious offences, claims false implication and asserts consensual relationship with the victim. The court finds the victim a consen Read more.

Chhattisgarh - Sexual Offences - The court upheld the framing of charges against the applicant for aggravated penetrative sexual assault, emphasizing the sufficiency of prima facie evidence at the charge stage.

(A) Indian Penal Code - Sections 363, 366, 376(2)(i) - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Criminal revision against framing of charges for aggravated penetrative sexual assault - The applicant contended that the charge under Section 376(2)(i) is not made out as the Read more.

Chhattisgarh - Bail Applications - Bail can be granted despite criminal antecedents if the nature of the charges and circumstances justify release.

(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Sections 483, 296, 351(3), 118(1), 119(2) - Arms Act - Sections 25 and 27 - Bail application - Applicant arrested for alleged assault with a knife resulting in simple injuries - Applicant claims false implication and has been in custody since 20.12.2024 Read more.

Chhattisgarh - Writ Jurisdiction - The court ruled that a person cannot be declared an absconder without following proper legal procedures, emphasizing the need for due process in criminal matters.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 35, 44, 84, 96, 97 - Indian Penal Code, 1860 - Sections 420, 120(B) - Prize Chits and Money Circulation Schemes (Banning) Act, 1978 - Sections 4, 5, 6 - Chhattisgarh Protection of Depositors Act, 2005 - Writ petition for prohibition against po Read more.

Chhattisgarh - Homicide - The court altered the conviction from murder to a lesser charge due to lack of premeditation and the nature of the injury inflicted.

(A) Criminal Procedure Code, 1973 - Section 374(2) - Indian Penal Code, 1860 - Section 302 and Section 304 Part-II - Conviction for murder - Appellant convicted under Section 302 IPC and sentenced to life imprisonment, later altered to Section 304 Part-II IPC due to lack of premeditation and nature Read more.

Chhattisgarh - Sexual Offences - The acquittal of the accused was upheld due to the prosecutrix's retraction of allegations and lack of corroborative evidence, emphasizing the necessity of substantial proof in sexual assault cases.

(A) Code of Criminal Procedure, 1973 - Section 378 - Indian Penal Code, 1860 - Section 376(2)(n) - Protection of Children from Sexual Offences Act, 2012 - Sections 5(l) and 6 - Appeal against acquittal - The trial Court acquitted the respondent of charges of sexual assault based on the prosecutrix' Read more.

Chhattisgarh - Homicide - The court ruled that the appellant's actions during a sudden quarrel lacked premeditation, allowing for a conviction under Section 304 Part-II IPC instead of Section 302 IPC.

(A) Indian Penal Code, 1860 - Section 302 and Section 304 Part-II - Criminal appeal against conviction for murder - Appellant convicted for murder of son, sentenced to life imprisonment - Court found no premeditation, altered conviction to culpable homicide not amounting to murder - Appellant acted Read more.

Delhi - Bail - The court ruled that an undertrial prisoner is entitled to bail under Section 436-A Cr.P.C. after serving more than half of the maximum sentence, unless justifiable reasons for continued detention are provided.

(A) Code of Criminal Procedure, 1973 - Section 439 and 436-A - Prevention of Money Laundering Act, 2002 - Section 4 - Bail application - Applicant sought bail after being in custody for over four years for offences under PMLA - Court considered the maximum sentence of seven years and the applicant' Read more.

Delhi - Modification of Orders - The court ruled that conditions imposed on an applicant in custody must be fair and consistent, especially regarding financial obligations for attending sessions.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Modification of order - The applicant sought modification of a prior order requiring him to bear travel expenses to attend a Parliamentary Session while in custody. The applicant argued inability to pay the substantial amount required for Read more.

Delhi - Appeal and Conviction - The court condoned a 9-day delay in filing an appeal under the Limitation Act, emphasizing justice and admitted the appeal against conviction under IPC and POCSO Act.

(A) Limitation Act, 1963 - Section 5 - POCSO Act - Section 10 - Indian Penal Code - Section 354 - Delay in filing appeal - Application for condonation of delay of 9 days allowed in the interest of justice - Conviction under IPC and POCSO Act upheld with sentences of rigorous imprisonment and fines Read more.

Delhi - Bail and Remand - Procedural lapses in serving notice and grounds of arrest invalidate the arrest, emphasizing the necessity of compliance with legal mandates to protect personal liberty.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 420/468/471 - Quashing of bail cancellation - The petitioner sought to quash the order cancelling his bail on grounds of non-compliance with procedural mandates under Cr.P.C. - The court found that the notice un Read more.

Delhi - Quashing of FIR - The court can quash criminal proceedings if the parties have amicably settled their disputes, ensuring it serves the interest of justice.

(A) Constitution of India - Article 226 - Indian Penal Code, 1860 - Sections 498A, 406, 34 - Quashing of FIR - Petitioners sought quashing of FIR No. 701/2021 under IPC sections due to settlement between parties - Respondent No. 2 expressed no objection to quashing, confirming compliance with settl Read more.

Delhi - Negotiable Instruments - A cheque presented for payment after the drawer's death ceases to be valid under the Negotiable Instruments Act, as the bank cannot act on the order of a deceased customer.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheques - Petition filed to quash complaint regarding dishonour of cheques drawn on deceased partner's account - Cheques returned post-death of drawer, leading to argument that Read more.

Delhi - Bail Applications - The court ruled that the serious nature of allegations involving significant financial fraud justified the denial of bail despite procedural claims of rights violations.

(A) Bharatiya Nagrik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 419, 420, 467, 468, 471, 120-B - Information Technology Act - Sections 66, 43, 55(C), 66(D) - Bail application - Allegations of serious financial fraud involving Rs. 7.79 crores through cyber hacking and Read more.

Delhi - Bail Applications - The court upheld the principle that humanitarian grounds can justify granting interim bail, while ensuring safeguards against evidence tampering.

(A) Bharatiya Suraksha Sanhita, 2023 - Sections 528 and 483 - Prevention of Money Laundering Act, 2002 - Section 45 - Interim Bail application - Petitioner sought bail on humanitarian grounds due to critical medical condition of his Father suffering from Stage-4 Brain Cancer - Previous bail granted Read more.

Delhi - Bail - Anticipatory bail should not be granted in cases of serious sexual offenses, particularly where coercion and threats are involved, as it undermines justice and societal norms.

(A) Indian Penal Code, 1860 - Sections 376, 323, 313, 354C, 506 - Anticipatory bail - Allegations of blackmail and sexual exploitation against a film director - The prosecutrix alleged coercion and multiple acts of rape, including forced abortions, under threats of defamation - The court found no b Read more.

Delhi - Bail - The court granted bail to the appellant pending appeal, emphasizing compliance with conditions to protect the victim and ensure legal proceedings.

(A) POCSO Act - Section 8 - Indian Penal Code - Sections 354 and 341 - Conviction and sentencing of appellant for offences under POCSO Act and IPC - Appellant sentenced to rigorous imprisonment for 3 years and fine of Rs. 5,000/- for Section 8 of POCSO Act, and 1 month for Section 341 IPC - Compens Read more.

Delhi - Bail - The court suspended the appellant's sentence and granted bail based on the survivor's lack of objection and the appellant's compliance with bail conditions during trial.

(A) Indian Penal Code - Sections 354-A, 354-D, 509 - Protection of Children from Sexual Offences Act, 2012 - Sections 7, 8, 11(i), 11(iv), 12 - Conviction and sentencing for sexual offences - Appellant convicted and sentenced to rigorous imprisonment for various terms and fines under IPC and POCSO Read more.

Delhi - Quashing of FIR - The court may quash serious criminal proceedings in exceptional circumstances where the parties have resolved their differences and married, serving the interest of justice.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Indian Penal Code, 1860 - Section 376 - Protection of Children from Sexual Offences Act, 2012 - Section 4 - Quashing of FIR - The FIR was registered based on allegations of establishing physical relations under the pretext of marriage, wi Read more.

Delhi - Negotiable Instruments - A petitioner convicted under Section 138 of the NI Act cannot re-challenge a previously withdrawn order, emphasizing the limited scope for seeking extensions from the Trial Court.

(A) Negotiable Instruments Act, 1881 - Section 138 - Conviction for dishonor of cheque - Petitioner convicted and sentenced to pay fine of Rs.1,75,00,000 with default imprisonment of 8 months - Appeal against sentence led to suspension of operation subject to deposit of 20% fine - Extension of time Read more.

Delhi - Negotiable Instruments - Failure to comply with the deposit condition under Section 148(1) of the Negotiable Instruments Act justifies the vacating of a stay on the sentence.

(A) Negotiable Instruments Act, 1881 - Section 138 and Section 148(1) - Petitioner convicted for dishonor of cheque - Sentenced to two months imprisonment and directed to pay compensation of Rs.13,60,000/- - Stay on sentence vacated due to non-deposit of 20% of compensation as mandated by Section 1 Read more.

Delhi - Procedural Law - Revisional courts should prioritize merits over technical delays, allowing petitions to be considered substantively despite procedural lapses.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Immoral Traffic (Prevention) Act, 1956 - Sections 4, 5, 6, 8 - Revision petition against framing of charges - Delay of 72 days explained by illness - Trial Court dismissed revision on technical grounds without merits - Supreme Court prece Read more.

Delhi - Appeal and Bail - The court suspended the appellant's sentence, emphasizing the right to a fair trial and the potential violation of rights under Article 21 due to delays in appeal.

(A) Indian Penal Code, 1860 - Section 392, Section 397 - Arms Act, 1959 - Section 25 - Conviction for robbery and possession of arms - Appellant convicted for robbing a victim of a mobile phone and sentenced to seven years of rigorous imprisonment and fines - No recovery of the mobile phone from th Read more.

Delhi - Quashing of FIR - The court recognized the validity of amicable settlements in criminal cases, allowing quashing of FIRs when both parties agree and no further claims are anticipated.

(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Quashing of FIR - The petition seeks quashing of FIR No. 192/2019, registered under Sections 498A/406/34 IPC, following a settlement between the parties - The parties had been married since 2015 and separated in 2018, with no children born Read more.

Delhi - Appeals and Bail - The court may suspend a sentence pending appeal if the accused has served a substantial part of the sentence and the appeal is unlikely to be heard soon, emphasizing the right to personal liberty.

(A) Indian Penal Code, 1860 - Section 376 - Protection of Children from Sexual Offences Act, 2012 - Sections 8, 10, and 12 - Appeal against conviction and sentence - The appellant seeks suspension of sentence during the pendency of the appeal, having undergone half of the 15-year sentence - The cou Read more.

Delhi - Bail - The court suspended the appellant's sentence based on time served and good conduct, allowing bail with specific conditions.

(A) Indian Penal Code, 1860 - Sections 392, 397, and 411 - Conviction and sentencing - Appellant convicted under multiple sections and sentenced to rigorous imprisonment for 7 years, 5 years, and 1 year respectively, along with fines - Application for suspension of sentence during appeal - Appellan Read more.

Delhi - Bail - Bail under the NDPS Act requires satisfaction of stringent conditions, but prolonged detention without trial can warrant release.

(A) Bhartiya Nagrik Suraksha Sanhita, 2023 - Section 483; Code of Criminal Procedure, 1973 - Section 439; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 22, 23, 25, 27A, 29 - Bail application for regular bail in a drug trafficking case - The applicant was arrested for transport Read more.

Delhi - Quashing of FIR - The High Court can quash FIRs under Sections 406 and 420 IPC when all aggrieved parties have amicably settled their disputes, invoking its inherent powers to secure justice.

(A) Indian Penal Code, 1860 - Sections 406 and 420 - Criminal Procedure Code - Section 482 - Quashing of FIR - The FIR was registered based on a complaint regarding non-refund of admission fees for a medical college. The parties reached an amicable settlement, with the petitioner refunding the amou Read more.

Delhi - Prisoner Rights - The court determined that without a medical recommendation, the request for an Electric Kettle for an Under Trial Prisoner was unjustified, as adequate provisions were already in place.

(A) MACOC Act - Sections 3 and 4 - Petition under Section 528 BNSS - Under Trial Prisoner seeking Electric Kettle for medical reasons - Court found no medical indication for the use of Electric Kettle, as hot water was provided from the kitchen - Previous medical reports did not support the need fo Read more.

Delhi - Bail Application - Bail granted due to lack of serious opposition and absence of motive.

The petitioner seeks bail in FIR No. 606/2024 for an alleged offense under Section 105 BNS. The prosecution claims the deceased suffered fatal injuries due to an altercation involving the petitioner. The court finds no serious opposition to bail, noting the absence of premeditation or motive. The p Read more.

Delhi - Bail - The court emphasized the necessity of assessing the legality of arrests and the credibility of evidence when considering bail applications.

(A) Indian Penal Code, 1860 - Sections 392, 395, 397, 412, 120B, 182, 211, 212, 109, 34 - Bail application - Allegations of conspiracy to commit dacoity of Rs. 90,00,000/- - Petitioner not involved in actual dacoity but allegedly recovered Rs. 19,66,000/- from his house - Petitioner claims false im Read more.

Delhi - Bail - Successive bail applications must demonstrate a material change in circumstances; otherwise, they risk being deemed an abuse of process.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483(3) - Code of Criminal Procedure, 1973 - Section 439(2) - Cancellation of bail - Respondent involved in fraudulent billing racket with substantial fraudulent ITC - Bail granted without new grounds or material change in circumstances - Court Read more.

Delhi - Habeas Corpus - The court ruled that a petitioner granted bail is entitled to release from custody, provided they undertake to appear in all pending cases, with no objection from the State.

(A) Constitution of India - Article 226 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Petition for habeas corpus - Petitioner sought release from alleged illegal custody - State argued petition was premature as release warrant was received on 25th February, 2025 - Petitioner granted bail in ECIR/GNZ Read more.

Delhi - Appeals - The Court granted leave to appeal against an acquittal, finding errors in the Trial Court's handling of evidence and sanction for prosecution.

(A) Code of Criminal Procedure, 1973 - Section 378 - Condonation of delay in refiling appeal - Delay of 186 days condoned based on inadvertent reasons beyond the Appellant’s control - The test for determining delay in refiling differs from that applied to original filing. (Paras 1, 2) (B) Appeal - Read more.

Gauhati - Quashing of FIR - Mere change of land use does not constitute an offence under Section 188 IPC without evidence of criminal intent or resultant harm.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 188, 420, and 34 - Quashing of FIR - Allegations of changing land use from agricultural to industrial - No ingredients of criminality established in FIR - Mere change of land use does not constitute an offence u Read more.

Gauhati - Negligence and Homicide - Conviction under IPC Sections 279 and 304A requires proof of rashness or negligence, which was established through evidence of excessive speed and failure to brake.

(A) Indian Penal Code, 1860 - Sections 279, 304A, 337 - Conviction for rash and negligent driving resulting in death - The petitioner was convicted for causing the death of a minor and injury to another due to reckless driving of a truck - The evidence established that the truck hit the victims fro Read more.

Gauhati - Quashing of Proceedings - Criminal proceedings cannot be initiated for civil disputes, as it constitutes an abuse of process; such matters must be resolved in civil courts.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Petitioners sought to quash proceedings initiated under Sections 133 and 145 Cr.P.C. during the pendency of a civil suit regarding the same property - Court found that the criminal proceedings were an abuse of process as Read more.

Gujarat - Preventive Detention - Preventive detention under the Gujarat Prevention of Anti-Social Activities Act requires a nexus to public order, not merely law and order violations.

(A) Gujarat Prevention of Anti-Social Activities Act, 1985 - Section 2(c) and Section 3 - Preventive detention - Petitioner challenged detention order as a 'dangerous person' - Court found no nexus between alleged activities and maintenance of public order, emphasizing that mere law and order issue Read more.

Gujarat - Bail Application - Bail is the rule and jail is the exception; personal liberty must be considered alongside the nature of the allegations and evidence presented.

(A) Bharatiya Nyaya Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 409, 420, 465, 468, 471, 120(B), 504, 506(2), 467, and 201 - Bail application for regular bail filed by the father of the main accused, charged with serious offences including forgery and breach of trust - Read more.

Gujarat - Bail Applications - The court may grant bail after considering the gravity of the offense, the applicant's history of absconding, and the conditions necessary to ensure trial attendance.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail - Applicant sought bail after absconding for 16 years; the court considered the gravity of the offense and the applicant's participation - The application was allowed with conditions imposed on the applicant. (Paras Read more.

Gujarat - Bail - Anticipatory bail can be granted when there are no direct allegations against the applicant and they show willingness to cooperate with the investigation.

(A) Bharatiya Nyaya Suraksha Sanhita, 2023 - Sections 482, 108, 238, and 54 - Anticipatory bail application - Applicant, accused No.3, seeks bail, claiming false implication and lack of prior criminal record - Respondent opposes bail citing the gravity of the offence and risk of tampering with evid Read more.

Gujarat - Discharge of Accused - The court ruled that minimal evidence and lack of medical proof do not justify charges for attempted murder under Section 307 IPC.

(A) Indian Penal Code - Sections 307, 107, 114 - Criminal Procedure Code - Sections 227, 397, 401 - Discharge application - The Sessions Court discharged the accused due to lack of evidence, specifically the absence of medical evidence and minimal damage to vehicles involved in the incident, which Read more.

Gujarat - Bail Applications - The court held that contradictions in witness statements do not justify bail when the nature of the crime is severe and no change in circumstances is presented.

(A) Bhartiya Nagrik Suraksha Sanhit, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 302, 504, and 506 - Application for regular bail - The applicant was arrested on 09.03.2024 and has been in custody since then; the investigation is complete, and a charge-sheet has been filed. The applican Read more.

Gujarat - Bail - Anticipatory bail granted based on lack of necessity for custodial interrogation and the applicant's prior protection by the court.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Gujarat Land Grabbing Act - Sections 4(1), 4(3), 5(c), and 5(e) - Anticipatory bail application - The applicant, falsely implicated, seeks bail; previously protected by the court - The nature of allegations does not necessitate custodial Read more.

Gujarat - Bail Applications - Anticipatory bail granted as the applicant paid the disputed amount, indicating no loss to the government, and demonstrated willingness to cooperate with the investigation.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 420, 465, 467, 468, 471, 474, and 120B - Anticipatory bail application - Applicant accused of availing wrong input tax credit through forged invoices, amounting to Rs.98,51,072/- - The applicant deposite Read more.

Gujarat - Sexual Offences - The court suspended the sentence based on the lack of proof regarding the victim's age and the unique circumstances of her relationship with the accused.

(A) Indian Penal Code - Sections 366 and 376 - Protection of Children From Sexual Offences Act - Sections 6, 8, and 12 - Application for suspension of sentence - Conviction and sentence awarded for offences under IPC and POCSO Act - The applicant contended that age of victim was not proved as per S Read more.

Gujarat - Bail - The court granted bail based on the prosecutrix's consent and the circumstances of the case, emphasizing the need for careful consideration in cases involving minors.

(A) Bhartiya Nagrik Suraksha Sanhit, 2023 - Section 483 - Application for regular bail - The applicant, aged 18, sought bail in connection with an FIR involving a prosecutrix aged 12 - The court noted that the prosecutrix had insisted on eloping with the applicant, leading to their cohabitation and Read more.

Gujarat - Bail - The court emphasized that bail may be granted if the applicant shows no flight risk and the investigation is complete, while imposing strict conditions to prevent tampering with evidence.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail - The applicant, accused of assault causing severe injuries, sought bail after the investigation concluded and charge-sheet was filed - The court noted the applicant's willingness to comply with conditions for bail Read more.

Gujarat - Bail Applications - The court granted bail considering the applicant's age and lack of flight risk, emphasizing the need for strict compliance with conditions to prevent tampering with evidence.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail - The applicant, aged around 70 years, seeks bail in connection with FIR involving alleged active participation in a crime. The court considered the nature of allegations and the applicant's role in the incident - T Read more.

Gujarat - Drug Offenses - The court may suspend a sentence based on the mental health of the convict and the specific circumstances of the case, particularly when continued incarceration poses a risk to the convict's health.

(A) Bharatiya Nagarik Surakhsa Sanhita, 2023 - Section 430(1) - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22(C) - Application for suspension of sentence - Applicant convicted for possession of prohibited drugs, sentenced to 20 years R.I. and fine - Mental health condition of th Read more.

Gujarat - Suspension of Sentence - The court ruled that the injuries inflicted were not intended to cause death, indicating culpable homicide rather than murder, thus justifying the suspension of sentence.

(A) Bharatiya Nagarik Surakhsa Sanhita, 2023 - Section 430(1) - Indian Penal Code, 1860 - Sections 302 and 323 - Application for suspension of sentence - Applicant convicted for murder and sentenced to life imprisonment - The incident arose from a dispute over sand, resulting in a single blow to th Read more.

Gujarat - Preventive Detention - Preventive detention requires a clear nexus between alleged activities and public order; mere law and order disturbances are insufficient.

(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(b) and Section 3(4) - Preventive detention - Petitioner challenged detention order on grounds of public order; court found no nexus between alleged activities and public order - Detention order quashed. (Paras 1-10) (B) Public O Read more.

Gujarat - Bail - Anticipatory bail granted due to lack of connection to alleged offences and absence of prior convictions, emphasizing the necessity of judicial discretion in bail applications.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 490, 420, and 114 - Anticipatory bail application - The applicant, falsely implicated, was not involved in the alleged commercial transaction, and there is no necessity for custodial interrogation. (Para Read more.

Gujarat - Bail - Anticipatory bail can be granted when the applicant shows willingness to cooperate with the investigation and no specific overt act is attributed to them, considering the nature of the accusation and other relevant factors.

(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Application for anticipatory bail was granted to the applicant accused in connection with FIR for various offences, with conditions imposed for cooperation with the investigation - The applicant was named in the FIR but no spe Read more.

Gujarat - Bail - The court granted bail, emphasizing the applicant's readiness to deposit amounts and absence of flight risk, while imposing strict conditions to ensure compliance.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Central Goods and Service Tax Act - Application for regular bail - Applicant alleged to have evaded Input Tax Credit of Rs.20,33,35,303/-; significant amounts already deposited or seized - Applicant's readiness to comply with bail conditions an Read more.

Gujarat - Evidence - Dying declarations are admissible as evidence and retain significant weight, even if there is a time lapse between the declaration and the victim's death.

(A) Criminal Procedure Code, 1973 - Sections 397 and 401 - Indian Penal Code - Sections 302 and 307 - Dying declaration - The trial court rejected the prosecution's application to summon the Executive Magistrate who recorded the dying declaration, deeming it irrelevant due to the time lapse between Read more.

Gujarat - Bail - Anticipatory bail granted as allegations lacked substantiation and no mens rea was established, emphasizing caution in applying Section 306 IPC.

(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Application for anticipatory bail in connection with FIR for offences under IPC Sections 306, 506(2), and 114 - Applicant claims false implication in the case and absence of mens rea - The court considered the nature of allega Read more.

Gujarat - Bail - The court granted bail based on the applicant's custody duration and lack of flight risk, emphasizing the need for conditions to prevent tampering with evidence.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail - The applicant sought bail in connection with a theft charge involving 70 kgs of betel nuts - The court considered the nature of the offence and the applicant's antecedents. (Paras 2, 5, 6) (B) Bail considerations Read more.

Gujarat - Homicide - The act of the appellant was deemed culpable homicide not amounting to murder due to lack of premeditation and the nature of the quarrel, qualifying for Exception 4 of Section 300 IPC.

(A) Code of Criminal Procedure, 1973 - Section 374 - Indian Penal Code, 1860 - Section 302 and Section 304 - Conviction for murder modified to culpable homicide not amounting to murder - The appellant was convicted for killing his brother during a quarrel over a debt, initially sentenced to life im Read more.

Gujarat - Preventive Detention - The court ruled that mere disturbance of law and order does not justify preventive detention under the Act, emphasizing the need for a legally sustainable basis for such orders.

(A) Gujarat Prevention of Anti Social Activities Act, 1985 - Detention order - Challenge to detention under the Act on grounds of lack of sufficient material and legal satisfaction by the detaining authority - The court found that the detaining authority erred in treating the petitioner as a 'dange Read more.

Gujarat - Preventive Detention - Preventive detention requires clear evidence that a person's activities adversely affect public order, not just law and order.

(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(b) and Section 3(4) - Preventive detention - The petitioner challenged the detention order on grounds that the alleged offences did not affect public order as required by the Act. The court found that the activities of the petit Read more.

Gujarat - Bail Applications - The court held that anticipatory bail is justified when there is no prima facie evidence of involvement in the alleged offence under the Atrocities Act.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 306 and 114 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r) and 3(2)(v) - Anticipatory bail application - Applicant, a driver, had no role in the offence; Read more.

Gujarat - Negotiable Instruments - Compoundable offences under the Negotiable Instruments Act can be settled amicably, allowing for quashing of convictions upon resolution.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 438 and 442 - Negotiable Instruments Act, 1881 - Section 138 - Revision application for quashing conviction and sentence - Dispute resolved amicably between parties, with cheque amount paid - Conviction quashed subject to deposit of costs - The Read more.

Gujarat - Regulatory Offenses - The absence of explicit mention of Control Order violations in a confiscation notice does not invalidate enforcement actions under the Essential Commodities Act.

(A) Essential Commodities Act, 1955 - Section 6-A - Revision application challenging confiscation of defective LPG cylinders - The applicant, an authorized distributor, faced confiscation of 50% of stock due to discrepancies in LPG bottles - The appellate court dismissed the appeal, confirming the Read more.

Gujarat - Bail Applications - The court ruled that prolonged incarceration without trial progress warrants bail, emphasizing the importance of timely justice.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for bail - The applicant sought regular bail after being incarcerated for nearly seven years in connection with a charge of murder, arguing that no useful purpose would be served by continued detention. The prosecution opposed the b Read more.

Gujarat - Appeals - The appellate court affirmed the trial court's acquittal, emphasizing the prosecution's failure to prove the case beyond reasonable doubt and the presumption of innocence for the accused.

(A) Code of Criminal Procedure, 1973 - Section 378(1)(3) - Indian Penal Code, 1860 - Sections 324, 504, 506(2), 114 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(10) - Appeal against acquittal - The learned Trial Court acquitted the accused of all charg Read more.

Gujarat - Sexual Offences - The court ruled that the prosecution's failure to prove the victim's age undermined the conviction, leading to the suspension of the applicant's sentence.

(A) Indian Penal Code - Sections 363 and 366 - Protection of Children From Sexual Offences Act, 2012 - Sections 4(2), 6, 8, and 12 - Application for suspension of sentence - Conviction for offences against a minor - The trial court found the accused guilty based on school records indicating the vic Read more.

Gujarat - Bail - The court granted anticipatory bail, emphasizing the need for cautious discretion and the applicant's lack of involvement in the crime.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 409 and 120(B) - Anticipatory bail application - The applicant, a lady accused, was not named in the FIR and nothing is required to be recovered from her - The court considered the nature and gravity of Read more.

Gujarat - Contempt of Court - The court held that the applicant had an alternative remedy for non-compliance with bail conditions, thus rejecting the contempt application.

(A) Contempt of Courts Act, 1971 - Initiation of contempt proceedings - Non-deposit of ordered amount - The applicant sought contempt proceedings against the respondent for failing to deposit Rs.20 Lakhs as ordered by the court, instead depositing only Rs.5 Lakhs - The court noted that the applican Read more.

Gujarat - Bail - The court granted bail based on the nature of allegations and imposed conditions to prevent tampering with evidence and ensure the applicant's presence at trial.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail - Applicant charged with siphoning Rs.6,91,000/- while working in a car showroom - Serious nature of offences considered - Court emphasizes three factors: prima facie case, availability of accused, and risk of tampe Read more.

Gujarat - Bail Applications - The court ruled that prior criminal history and lack of direct evidence connecting the applicant to the offence justified the dismissal of the bail application.

(A) Bhartiya Nagrik Suraksha Sanhit, 2023 - Section 483 - NDPS Act - Sections 8(C), 22(C), and 29 - Application for regular bail - The applicant was accused based on antecedents and alleged instruction to co-accused for transporting contraband, but lacked direct evidence of involvement - The prosec Read more.

Gujarat - Bail - The court granted bail based on prolonged custody and ongoing trial status, emphasizing the need for conditions to prevent misuse of liberty.

(A) Bhartiya Nagrik Suraksha Sanhit, 2023 - Section 483 - Application for regular bail - The applicant, the main accused in an ongoing trial, has been in custody for over 4 years with 14 out of 46 witnesses examined - The trial is not likely to conclude soon, and other co-accused have been granted Read more.

Gujarat - Preventive Detention - Preventive detention requires substantial evidence demonstrating that a person's activities are prejudicial to public order, not merely based on FIRs.

(A) Gujarat Prevention of Anti Social Activities Act, 1985 - Section 2(c) - Detention order - Challenge to the order of detention under the Act on grounds of lack of sufficient material and legal satisfaction by the detaining authority - The court found that the detaining authority erred in treatin Read more.

Gujarat - Bail - Bail conditions must be reasonable and can be modified if circumstances change, such as the absence of incidents and delays in trial.

(A) Criminal Procedure Code, 1973 - Section 437 - Modification of bail conditions - Applicants sought deletion of condition prohibiting entry into Village Tundaj pending trial - No untoward incidents reported against applicants since bail granted - Trial not commenced for three years - Condition de Read more.

Gujarat - Habeas Corpus - The court affirmed the autonomy of the corpus in her marital decision post attaining majority.

The petition for a writ of Habeas Corpus was filed by the father of the corpus, a minor, seeking her production in court. The court, after interaction with the corpus, found that she had voluntarily married and was not in illegal confinement. The petition was disposed of with no further orders requ Read more.

Gujarat - Murder - The prosecution must establish a complete chain of circumstantial evidence to prove guilt beyond reasonable doubt, and suspicion alone is insufficient for conviction.

(A) Code of Criminal Procedure, 1973 - Section 374 - Indian Penal Code, 1860 - Sections 302 and 201 - Bombay Police Act, 1951 - Section 135(1) - Appeal against conviction for murder and destruction of evidence - The accused was convicted for killing his wife and disposing of her body due to jealous Read more.

Gujarat - Preventive Detention - Preventive detention requires a clear nexus to public order; mere law and order disturbances do not suffice for detention under the Act.

(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(c) and Section 3 - Preventive detention - Legality of detention order challenged - The petitioner was detained as a 'dangerous person' without sufficient nexus to public order - Court found that the alleged offences did not affe Read more.

Gujarat - Bail - The court granted anticipatory bail based on the applicant's lack of involvement in the alleged offence and her readiness to cooperate with the investigation.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 409 and 120(B) - Anticipatory bail application - The applicant, a lady accused, was not named in the FIR and had no connection with the alleged offence; the court found no requirement for recovery from h Read more.

Gujarat - Essential Commodities - The court confirmed that 'wheat' is included in Schedule-I of the Essential Commodities Business (Regulation) Order, 1977, and found the learned Sessions Court's order to be a misreading of law.

(A) Essential Commodities Act, 1955 - Sections 6A, 7, and 9 - Essential Commodities Business (Regulation) Order, 1977 - Revision application by State against order setting aside confiscation of goods - Court found that 'wheat' is included in Schedule-I of the Order, 1977, and that the learned Sessi Read more.

Gujarat - Procedure - The right to cross-examine witnesses is fundamental but can be affected by the litigant's conduct, necessitating timely prosecution of cases.

(A) Code of Criminal Procedure - Sections 397 and 401 - Revision application against order closing right to cross-examine complainant - Applicant's advocate's absence led to closure of cross-examination - Delay of 10 years in cross-examination noted - Court allows reopening of cross-examination wit Read more.

Gujarat - Homicide - The distinction between murder and culpable homicide hinges on the accused's intention, with sudden provocation potentially reducing the charge from murder to culpable homicide not amounting to murder.

(A) Indian Penal Code, 1860 - Sections 302, 323, 504, 304 Part II - Gujarat Police Act, 1951 - Section 135 - Conviction for murder reduced to culpable homicide not amounting to murder - The appellant inflicted a single fatal blow during a sudden fight, lacking premeditation or intention to kill - T Read more.

Gujarat - Bail - Anticipatory bail is granted based on the applicant's cooperation and lack of necessity for recovery, emphasizing the need for judicious discretion in bail applications.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 409 and 120(B) - Anticipatory bail application - Applicant, a lady accused, not named in the FIR, seeks bail claiming false implication - Court emphasizes the need for judicious discretion in bail applic Read more.

Gujarat - Bail - Insufficient evidence linking the applicant to the crime justified the granting of bail, emphasizing the need for concrete proof in bail applications.

(A) Bhartiya Nagrik Suraksha Sanhit, 2023 - Section 483 - Bail application - The applicant sought regular bail in connection with a serious offense, supported by the argument that the prosecution's evidence was insufficient. The applicant was seen in C.C.T.V. footage but not inflicting injuries. Th Read more.

Gujarat - Bail - Bail conditions should not unduly restrict an applicant's legitimate business activities, allowing for reasonable modifications when justified.

(A) Criminal Procedure Code, 1973 - Modification of bail conditions - The applicant sought modification of bail conditions imposed by the lower court, specifically regarding the renewal of his passport and permission to travel abroad for business purposes - The court considered the applicant's need Read more.

Gujarat - Preventive Detention - Preventive detention requires substantial evidence of activities prejudicial to public order, not merely the filing of FIRs.

(A) Gujarat Prevention of Anti Social Activities Act, 1985 - Section 2(c) - Detention order - Challenge to the order of detention under the Act on grounds of lack of legally sustainable satisfaction by the detaining authority - Mere filing of FIR insufficient to justify detention as prejudicial to Read more.

Gujarat - Negotiable Instruments - The failure of the Trial Court to appreciate evidence properly necessitates reconsideration of an acquittal under Section 138 of the Negotiable Instruments Act.

(A) Negotiable Instruments Act, 1881 - Section 138 - Leave to appeal against acquittal - Applicant filed a complaint under Section 138 after a cheque issued for Rs.4,00,000/- was returned unpaid - The learned Trial Court acquitted the respondents, stating that evidence was not properly appreciated Read more.

Gujarat - Appeals - In acquittal appeals, the appellate court must respect the presumption of innocence and can only overturn the trial court's decision if it is unreasonable or perverse.

(A) Code of Criminal Procedure, 1973 - Section 378(1)(3) - Indian Penal Code, 1860 - Sections 498(A), 306, 114, 201 - Prevention of Dowry Act, 1961 - Sections 3 and 7 - Appeal against acquittal - The learned Trial Court acquitted the accused of charges related to dowry harassment and abetment of su Read more.

Gujarat - Bail - Anticipatory bail should not be granted in serious offences involving prima facie evidence of involvement, as it may hinder the investigation and compromise justice.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 376(2)(N), 313, and 114 - Anticipatory bail - Application for anticipatory bail dismissed due to serious allegations of repeated sexual assault and involvement in abortion - The applicant's claim of inno Read more.

Gujarat - Preventive Detention - Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires a clear nexus to public order, not merely law and order disturbances.

(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(b) and Section 3(4) - Preventive detention - The petitioner challenged the detention order on grounds of lack of nexus to public order, asserting that his activities affected law and order but not public order - The Court found Read more.

Gujarat - Appeal against Conviction - The prosecution failed to establish the guilt of the accused beyond reasonable doubt due to contradictory testimonies and lack of evidence, leading to the acquittal of the appellants.

(A) Indian Penal Code, 1860 - Sections 143, 147, 148, 427, 435, and 395 - Conviction challenged on grounds of insufficient evidence - The trial court convicted the appellants based on contradictory witness testimonies and lack of recovery of stolen items - The complainant was not present during the Read more.

Gujarat - Homicide - The distinction between murder and culpable homicide hinges on the accused's intent; insufficient evidence of intent led to reclassification from murder to culpable homicide.

(A) Indian Penal Code, 1860 - Sections 302 and 304 - Criminal appeal against conviction for murder - Appellant convicted under Section 302 and sentenced to life imprisonment - Court found insufficient evidence to establish intent to kill, converting conviction to culpable homicide not amounting to Read more.

Gujarat - Bail - Anticipatory bail granted where the applicant is not named in the FIR, lacks prior convictions, and no need for custodial interrogation is established.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 376, 376(2)(N), 376(2)(J), 376(3), 342, 323, 114, 506(2) - Protection of Children from Sexual Offences Act - Sections 3(a), 4, 5(l), 6 - Anticipatory bail application - Applicant not named in FIR; allega Read more.

Gujarat - Preventive Detention - Detention under the Gujarat Prevention of Anti Social Activities Act requires clear evidence of activities prejudicial to public order, not merely the existence of FIRs.

(A) Gujarat Prevention of Anti Social Activities Act, 1985 - Section 2(b) - Detention order - Challenge to the order of detention under the Act on grounds of lack of sufficient material and legal satisfaction by the detaining authority - The court found that mere filing of FIR does not justify dete Read more.

Gujarat - Negotiable Instruments - The trial court's failure to properly appreciate evidence warrants reconsideration of the acquittal under Section 138 of the NI Act.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 419(4) - Negotiable Instrument Act, 1881 - Section 138 - Application for leave to appeal against acquittal - The trial court acquitted the accused for failure to prove the outstanding amount of Rs.1,81,208/- due on a cheque returned for insuffi Read more.

Gujarat - Suspension of Sentence - The court emphasized that circumstantial evidence must unequivocally indicate guilt, and insufficient evidence warrants suspension of sentence.

(A) Bharatiya Nagrik Suraksha Sanhita, 2023 - Section 430 - Indian Penal Code, 1860 - Sections 302, 120B, and 201 - Application for suspension of sentence after conviction for murder and conspiracy - The applicant contended lack of incriminating evidence against him, while the prosecution maintaine Read more.

Gujarat - Appeals - The presumption of innocence reinforces acquittal; appellate courts must respect trial court findings unless evidence is unreasonable.

(A) Code of Criminal Procedure, 1973 - Section 378(1)(3) - Indian Penal Code, 1860 - Sections 324 and 504 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(10) - Appeal against acquittal - The prosecution alleged that the accused assaulted the complainant w Read more.

Gujarat - Negotiable Instruments Act - The court ruled that the complainant must prove a legally enforceable debt for a conviction under Section 138 of the N.I. Act, and granted interim relief by suspending the sentence pending revision.

(A) Bharatiya Nyaya Suraksha Sanhita, 2023 - Sections 438 and 442 - Negotiable Instruments Act, 1881 - Section 138 - Quashing of conviction - The applicant sought to quash the conviction for dishonor of cheque, arguing that the complainant failed to prove a legally enforceable debt and that the tri Read more.

Gujarat - Negotiable Instruments - The conviction under Section 138 of the N.I. Act was overturned due to the complainant's failure to prove a legally enforceable debt.

(A) Bharatiya Nyaya Suraksha Sanhita, 2023 - Sections 438 and 442 - Negotiable Instruments Act, 1881 - Section 138 - Quashing of conviction - Applicant convicted for dishonor of cheque, sentenced to one year SI and ordered to pay Rs.3,00,000/- as compensation - Courts below erred in conviction as c Read more.

Gujarat - Bail - The court granted anticipatory bail based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing careful discretion in bail applications.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 409, 420, 120B and 34 - Anticipatory bail application - The applicant, accused of supplying contraband liquor, has no past antecedents and is willing to cooperate with the investigation - The court empha Read more.

Gujarat - Preventive Detention - Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires that activities adversely affect public order, not merely law and order.

(A) Gujarat Prevention of Anti-social Activities Act, 1985 - Section 2(b) and Section 3(4) - Preventive detention of petitioner as a bootlegger - The detention order was challenged on grounds that the alleged activities did not affect public order, but merely law and order - The court found that th Read more.

Gujarat - Bail - Anticipatory bail may be granted if the applicant is not named in the FIR, has no requirement for custodial interrogation, and poses no flight risk.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 482 and 483(2) - Anticipatory bail application - Applicant not named in FIR; allegations pertain to providing a vehicle used in transporting contraband - No custodial interrogation necessary as evidence already seized - Factors for bail consid Read more.

Gujarat - Bail - The court established that anticipatory bail may be granted if the applicant poses no flight risk and has no prior criminal record, emphasizing the need for judicial discretion in such matters.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Indian Penal Code, 1860 - Sections 386, 506(2), 114 - Gujarat Money Lenders Act - Sections 40, 42 - Anticipatory bail application - The applicant sought anticipatory bail in connection with FIR for alleged extortion and forced execution o Read more.

Gujarat - Bail - Anticipatory bail can be granted when the accused shows willingness to cooperate with the investigation and poses no flight risk, particularly in cases involving consensual relationships.

(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail application - The applicant sought anticipatory bail in connection with an FIR for alleged offences under Section 69 of BNS, claiming false involvement and asserting the relationship with the victim was consensual - Delay in fil Read more.

Himachal Pradesh - Bail - The court affirmed that bail is a rule and cancellation requires cogent grounds, emphasizing the presumption of innocence and the need for substantial evidence against the accused.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483(3) - Indian Penal Code - Sections 302, 325, 323, 504, 506, and 34 - Cancellation of bail - Petitioner sought cancellation of bail granted to respondents by the trial court, alleging illegality in segregation of roles among co-accused. Court Read more.

Himachal Pradesh - Bail - The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and not likely to commit further offences.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs & Psychotropic Substances Act - Section 18 and 37 - Bail application - Applicant sought bail on grounds of innocence and health issues, claiming investigation is complete - Police opposed bail, citing possession of commerci Read more.

Himachal Pradesh - Bail Application - Concealment of material facts in a bail application disqualifies an applicant from receiving bail, especially in drug-related offenses.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs & Psychotropic Substances Act - Sections 21, 25, and 29 - Bail application - Applicant, accused of possessing 15.15 grams of Chitta/Heroin, claims false implication and completion of investigation - Previous criminal histor Read more.

Himachal Pradesh - Procedural Justice - Constitutional courts should refrain from imposing time-bound schedules for lower courts to avoid disrupting case management and ensure equitable treatment of all litigants.

(A) Indian Penal Code - Sections 448 and 201 read with Section 34 - Petition for expeditious disposal of criminal case pending for over five years - Petitioners, being senior citizens, sought directions for timely resolution of their case. (Paras 1, 2, 6) (B) Judicial Administration - The court emp Read more.

Himachal Pradesh - Bail - The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs & Psychotropic Substances Act - Sections 21, 29, and 37 - Bail application - Applicant seeks bail during trial for alleged heroin possession - Court found that applicant failed to meet twin conditions under Section 37(b) - Read more.

Himachal Pradesh - Bail - The court ruled that the quantities of contraband did not meet the commercial threshold, allowing bail under the NDPS Act due to complete investigation and absence of further recovery.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22 and 29 - Bail application - The applicant, falsely implicated, seeks bail during trial; investigation complete, no recovery pending - Previous FIRs against applicant were Read more.

Himachal Pradesh - Bail - Prolonged detention of an under trial without a timely trial infringes upon the right to a speedy trial, necessitating bail under certain conditions.

(A) Bharatiya Nayarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code - Section 436 - Bail application filed by petitioner for grant of bail in a case of alleged arson and theft - Petitioner contended delay in trial as grounds for bail - Court noted that only ten out of twenty witnesses ex Read more.

Himachal Pradesh - Defamation - Defamatory statements about a deceased individual can still harm the reputation of their relatives, establishing grounds for defamation under Section 500 IPC.

(A) Indian Penal Code - Section 500 - Defamation - The petitioner seeks to quash a summoning order for defamation against the deceased's reputation based on alleged derogatory remarks made posthumously. The court emphasizes that allegations can constitute defamation even if directed at a deceased p Read more.

Himachal Pradesh - Bail - Bail cannot be granted under Section 37 of the NDPS Act for commercial quantity possession unless specific conditions are met, particularly if the public prosecutor opposes the application.

(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act - Sections 20 & 29 - Bail application filed by petitioner seeking release on bail for possession of commercial quantity of contraband. (Paras 1, 2, 5) (B) Bail - Conditions for granting bail u Read more.

Karnataka - Investigation - The court affirmed the necessity of independent investigations by agencies like COD when police personnel are implicated in alleged crimes to ensure fairness and public confidence in the justice system.

(A) Constitution of India - Article 21 - Criminal Procedure Code - Investigation by Police - Writ appeals challenging the order directing investigation by COD into multiple criminal cases involving police personnel - The Writ Court found that local police could not conduct a fair investigation due Read more.

Karnataka - Negotiable Instruments - The presumption under Section 139 of the Negotiable Instruments Act was not rebutted, leading to the conviction of the accused for dishonouring a cheque.

(A) Negotiable Instruments Act - Section 138 - Appeal against acquittal - The Trial Court acquitted the accused for dishonour of cheque due to insufficient evidence regarding the complainant's capacity to lend money and the validity of the cheque - The appellate court found that the cheque was dish Read more.

Karnataka - Negotiable Instruments - The presumption of a legally recoverable debt under Section 139 of the Negotiable Instruments Act is not rebutted by self-serving testimony without corroboration.

(A) Negotiable Instruments Act, 1881 - Section 138 and 139 - Conviction for dishonor of cheques - Accused convicted for issuing cheques without sufficient funds - The trial court found that the presumption under Section 139 was not rebutted by the accused - The appellate court upheld the conviction Read more.

Karnataka - Appeals - The court upheld the dismissal of a delay application in filing an appeal, emphasizing the lack of sufficient cause for the delay and the petitioner's awareness of the acquittal.

(A) Limitation Act, 1963 - Section 5 - Criminal Procedure Code, 1973 - Section 372 - Revision petition against dismissal of delay application in appeal - The learned Sessions Judge dismissed the application for condonation of delay of 416 days in filing an appeal against acquittal, finding no suffi Read more.

Karnataka - Sexual Offences - The court ruled that consensual relationships do not constitute rape unless proven otherwise, emphasizing the need for clear evidence of coercion or deception.

(A) Code of Criminal Procedure, 1973 - Section 227 - Indian Penal Code, 1860 - Sections 376, 420, and 506 - Revision petition against discharge of accused - The Sessions Judge discharged the accused on grounds of consensual relationship and lack of evidence for forcible intercourse - The court emph Read more.

Karnataka - Negotiable Instruments - The presumption under Section 138 of the Negotiable Instruments Act requires the accused to prove their defense against the dishonour of a cheque, which was not met in this case.

(A) Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Complainant alleged that accused borrowed Rs.4 lakh with 24% interest, issued a cheque for Rs.5 lakh which was dishonoured - Trial Court acquitted accused citing lack of evidence from complainant - Appellate Court found erro Read more.

Karnataka - Sexual Offenses - Consent in sexual offenses must be unequivocal and voluntary; mere absence of resistance does not imply consent, and prosecution must provide substantial evidence to support claims of coercion.

(A) Indian Penal Code, 1860 - Sections 375 and 506 - Criminal Procedure Code, 1973 - Section 227 - Discharge of accused - The Sessions Judge discharged the accused on grounds of consensual relationship, stating that the prosecution failed to establish a case for trial - The court emphasized that co Read more.

Karnataka - Negotiable Instruments - The court affirmed that the presumption of validity of a cheque under the NI Act is rebuttable, but the accused failed to provide credible evidence to support his defense.

(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Section 200 and Section 357 - Conviction for dishonor of cheque - The accused borrowed Rs.60,000/- for vehicle repair and issued a post-dated cheque which was returned due to insufficient funds. The trial court con Read more.

Karnataka - Excise Offences - The prosecution must prove guilt beyond reasonable doubt; failure to establish the accused's identity and ownership led to acquittal.

(A) Karnataka Excise Act - Sections 32, 34, 38(A), and 43 - Indian Penal Code - Section 273 - Revision petition against acquittal - The State challenged the acquittal of the accused for possession of illicit liquor, asserting errors in the lower courts' judgments. The courts found insufficient evid Read more.

Karnataka - Acquittal - The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies led to the acquittal of the accused.

(A) Indian Penal Code, 1860 - Sections 353, 365, 376, 506 r/w 34 - Revision petition against acquittal - The State challenged the acquittal of the accused for resisting arrest and threatening police officers. The trial and appellate courts found inconsistencies in witness testimonies and evidence, Read more.

Karnataka - Appeal against Acquittal - The prosecution must prove charges beyond a reasonable doubt; acquittal upheld due to lack of credible evidence and victim's inconsistent testimony.

(A) Indian Penal Code - Sections 363, 376, 506 - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Appeal against acquittal - The trial Court acquitted the accused due to lack of credible evidence, as the victim and her parents did not support the prosecution's case. The victim's Read more.

Karnataka - Negotiable Instruments - The presumption under Section 139 of the N.I. Act is rebuttable, and the evidence established a legally enforceable debt, leading to the conviction of the respondent-accused.

(A) Negotiable Instruments Act, 1881 - Section 138 - Appeal against acquittal - The respondent-accused borrowed Rs.3,00,000/- and issued a cheque for Rs.4,36,357/- which was dishonoured due to insufficient funds - The trial court acquitted the accused, but the appellate court found that the presump Read more.

Karnataka - Quashing of Proceedings - Proceedings can be quashed under Section 482 of Cr.P.C. when key witnesses turn hostile, rendering the prosecution's case insufficient.

(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Petition filed to quash proceedings against the petitioner in Spl.C.C.No.2193/2021 - Prosecution's case involved serious charges including sexual assault and conspiracy - However, key witnesses, including the victim, tur Read more.

Karnataka - Sexual Offences - The prosecution must prove its case beyond reasonable doubt; inconsistencies in witness testimonies led to the acquittal of the accused.

(A) Indian Penal Code, 1860 - Section 354 - Revision petition against conviction for outraging modesty - The First Appellate Court confirmed the Trial Court's conviction and increased the sentence to three months rigorous imprisonment - The accused was alleged to have intentionally touched the comp Read more.

Karnataka - Constitutional Rights - Failure to communicate grounds of arrest in a comprehensible language violates fundamental rights under Articles 21 and 22(1) of the Constitution.

(A) NDPS Act, 1985 - Sections 8(c), 22(c) - Constitution of India - Articles 21 and 22(1) - Arrest of foreign national - Grounds of arrest not communicated in a language understood by the petitioner, violating fundamental rights - Arrest vitiated due to non-compliance with legal requirements. (Para Read more.

Karnataka - Assault and Battery - The court upheld the conviction for assault but modified the sentence to a fine, considering the accused as a first-time offender.

(A) Negotiable Instruments Act - Section 138 - Indian Penal Code - Sections 323, 324, 355, 504, and 506 - Conviction for assault and related offences - Accused convicted and sentenced by Trial Magistrate, appeal confirmed by First Appellate Court - Revision petition filed challenging conviction and Read more.

Karnataka - Bail - Non-compliance with Section 50 of the NDPS Act invalidates the search, and prolonged custody without trial progress justifies granting bail.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 21(c), 23(c), 28, and 29 - Bail application under Section 483 - Accused arrested for possession of contraband - Compliance with Section 50 of the NDPS Act is mandatory for a valid search - Petitioner has been in custody for o Read more.

Kerala - Sexual Offences - The court upheld the conviction for attempted rape based on credible testimonies, emphasizing the gravity of the crime due to the familial relationship.

(A) Indian Penal Code, 1860 - Section 511 of 376 - Criminal Procedure Code, 1973 - Section 374(2) and Section 209 - Appeal against conviction for attempted rape - The accused, the father of the victim, was convicted for attempting to commit rape on his daughter, with evidence corroborated by the vi Read more.

Kerala - Bail Applications - Bail is the rule and jail is the exception; arrest must be justified and not routine, ensuring personal liberty is prioritized.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Indian Penal Code, 1860 - Sections 406 & 420 - Bail applications filed by the petitioner, accused in two cases alleging cheating and criminal breach of trust - The petitioner was previously released on bail under stringent conditions and appreh Read more.

Kerala - Drug Offences - The absence of a specimen seal on evidence and unexplained delays in investigation are fatal to the prosecution's case, warranting acquittal.

(A) Abkari Act - Section 8(2) - Conviction and sentencing for possession of contraband liquor - Initial conviction for two years modified to one year by the appellate court; revision petition filed under Section 397 and 401 of Cr.P.C. - Prosecution failed to prove the chain of evidence due to lack Read more.

Kerala - Bail Applications - Bail is the rule and jail is the exception, with courts required to grant bail unless substantial reasons exist to deny it, especially when no prior criminal antecedents are present.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22(b) and 29(1) - Bail application filed under Section 483 - Accused in custody since 26.12.2024 for possession of 2.790 grams of MDMA - Co-accused released on bail - Serious allegations but quantity seized is intermediate, thus Se Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when justified, even in serious cases, unless specific legal conditions dictate otherwise.

(A) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 - Section 483 - Bharatiya Nyaya Sanhita (BNS), 2023 - Section 318(4) - Information Technology Act - Section 66D - Bail application filed by accused in a serious cybercrime case involving a substantial financial fraud. (Para 1) (B) The court emphas Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist, especially when the quantity of contraband is intermediate.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22(b) and 29 - Bail application filed under Section 483 - Accused charged with possession of intermediate quantity of MDMA - Court noted that rigour under Section 37 of the NDPS Act is not applicable due to the quantity seized. (Pa Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail if conditions are met, regardless of the seriousness of allegations.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Bail Application - The petitioner, accused in Crime No.121 of 2021, is alleged to have committed robbery under Section 395 IPC. The petitioner was previously granted bail but it was cancelled due to involvement in another case under the same se Read more.

Kerala - Corruption - A complaint must contain sufficient factual material to disclose an offence for cognizance to be taken; mere suspicion is inadequate.

(A) Prevention of Corruption Act, 1988 - Section 13(1)(b) - Criminal Procedure Code, 1973 - Sections 190 and 200 - Rejection of complaint - The Special Judge dismissed the complaint for lack of sufficient facts constituting an offence, concluding that the allegations were based on suspicion rather Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless compelling reasons for arrest exist.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Kerala Abkari Act - Sections 58 & 55(a) - Bail application filed by accused in possession of one litre of Indian Made Foreign Liquor - Petitioner not arrested despite contraband seizure - Court considers the nature of the offence and the petiti Read more.

Kerala - Bail - Bail is the rule and jail is the exception; arrest must be justified and not routine, emphasizing personal liberty.

(A) Bharatiya Nagarik Suraksha Sanhita - Sections 126(2), 115(2), 118(1), 324(5), and 3(5) - Bail application filed under Section 482 - Accused alleged to have committed offences resulting in grave injuries to the complainant and loss of property - No criminal antecedent against the petitioner - Ma Read more.

Kerala - Bail Applications - Bail is the rule and jail is the exception; courts must grant bail when justified, even in serious cases, to uphold fair trial rights.

(A) Bharatiya Nyaya Sanhita, 2023 - Section 352(2) - Protection of Children from Sexual Offences Act, 2012 - Sections 3(a) r/w 4, 3(c) r/w 4, 5(f) r/w 6, 11(vi) r/w 12 - Bail application filed by a Madrassa teacher accused of aggravated penetrative sexual assault on a 13-year-old - Serious allegati Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when the conditions are satisfied, as emphasized in various Supreme Court judgments.

(A) Bharatiya Nyaya Sanhita - Sections 316(2), 316(3), 316(5), 318(2), 318(4), 61(2)(a), and 3(5) - Bail Application - The petitioner, accused in a case alleging question paper leakage, sought bail after being in custody since 06.03.2025, with no prior criminal antecedents - The court emphasized th Read more.

Kerala - Bail Applications - The court held that bail under Section 482 of BNSS is discretionary and not warranted when custodial interrogation is necessary for ongoing investigations.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Indian Penal Code - Sections 406, 419, 420, 468, 471, 506, and Section 34 - Information Technology Act, 2000 - Section 66(D) - Bail application filed by accused in a case of online fraud involving substantial monetary loss to the complainant - Read more.

Kerala - Corruption - The court ruled that non-tainted properties can be accepted as security for the release of seized assets if they are sufficient to cover the amount in question.

(A) Prevention of Corruption Act, 1988 - Sections 13(1)(e), 13(2), 13(1)(b) - Criminal Law Amendment Ordinance, 1944 - Sections 3, 8 - The petitioner sought release of fixed deposit receipts seized during a corruption investigation, claiming funds were needed for educational purposes. The Special C Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless compelling reasons justify arrest.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bharatiya Nyaya Sanhita, 2023 - Sections 333, 115(2), 118(1), 126(2), 351(2), 3(5) - Bail application - Allegations of assault and trespass against petitioners - No criminal antecedents found - Bail granted with stringent conditions. (Par Read more.

Kerala - Bail - Prolonged detention without trial can violate Article 21, allowing bail despite statutory restrictions under the NDPS Act.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(ii)(C), 25, and 29 - Bail application filed under Section 483 - Petitioner accused of possessing 120 kg of Ganja - Petitioner in custody since 13.11.2023, trial not started - Previous bail application dismissed directing peti Read more.

Kerala - Bail - Bail is the rule and jail is the exception; custodial interrogation is not necessary unless justified by circumstances.

(A) Bharatiya Nagarik Suraksha Sanhita - Sections 333, 296(b), 351(2), 115(2), 126(2) & 3(5) - Bail application filed under Section 482 - Accused alleged to have committed offences including trespass and assault - Non-bailable offence under Section 333 with maximum punishment of seven years - No cr Read more.

Kerala - Bail - Bail is the rule and jail is the exception; arrest must be justified by necessity, emphasizing personal liberty.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 482 - Bail applications - Petitioners accused of cheating through fake bills in two separate crimes - Allegations include assurance to deliver household items and handle GST matters - Court emphasizes that bail is the rule and jail is the exception, Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized, and arrests should not be routine without justification.

(A) Bharatiya Nagarik Suraksha Sanhita - Sections 126(2), 115(2), 296(b), 74, 351(2) & 3(5) - Bail application filed under Section 482 - Petitioners accused in a case involving allegations of assault during a temple festival - The 1st accused previously released on bail - No criminal antecedents ag Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail if conditions are met, even for serious allegations.

(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Kerala Abkari Act - Sections 8(1), 8(2), and 67B - Bail applications filed for the petitioner accused of possession of arrack - Petitioner arrested on 02.02.2025, with no prior offences under the Abkari Act - Court considered the period of dete Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights under Article 21.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(ii)(B) - Bail application filed under Section 483 - Accused in custody since 09.02.2025 for possession of 5.36 Kg of Ganja - No criminal antecedents alleged against the petitioners - Rigour under Section 37 not attracted due t Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless compelling reasons exist to deny bail.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 61(2), 126(2), 296(b), 115(2), 110, 351(3), 3(5) - Bail application filed by the 4th accused in a case alleging assault - No serious overt act attributed to the petitioner, and no criminal antecedents alleged - Bail granted with stringent cond Read more.

Kerala - Domestic Violence - The court upheld the conviction under Section 498A IPC for cruelty leading to suicide, affirming that witness credibility cannot be dismissed solely based on their relationship to the victim.

(A) Indian Penal Code, 1860 - Section 498A - Cruelty and dowry demand leading to suicide - The petitioner was convicted and sentenced to two years of rigorous imprisonment for subjecting his wife to cruelty, resulting in her suicide. The conviction was upheld by the Appellate Court. The petitioner’ Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless compelling reasons justify arrest.

(A) BNS Act - Sections 110, 115(2), 126(2), and 296(b) - Bail application - The petitioner is accused of wrongfully restraining and pushing the de facto complainant, leading to potential harm - The court considered the principle that bail is the rule and jail is the exception, referencing the Supre Read more.

Kerala - Bail - Bail is the rule and jail is the exception; prolonged pre-trial detention without trial infringes on the right to a speedy trial under Article 21.

(A) Prevention of Money Laundering Act, 2002 - Sections 3, 4, 17, and 45 - Bail applications filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita - Accused charged with multiple loan frauds and money laundering - Allegations include forgery and misappropriation of funds amounting to Rs.100 Read more.

Kerala - Legal Representation Rights - Police cannot summon an advocate in their professional capacity, as it infringes on client confidentiality and legal representation rights.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 35(3) - Advocates Act, 1961 - Article 19(1)(g) of the Constitution - Notice issued to advocate to appear before police in connection with investigation of clients' case - Court held that police cannot summon an advocate in professional capacity Read more.

Kerala - Assault and Trespass - The court upheld the conviction for criminal trespass and causing hurt, confirming the credibility of witness testimonies while modifying the sentence due to excessive fines imposed.

(A) Indian Penal Code, 1860 - Sections 323, 448, and 506(1) - Conviction and sentence of revision petitioners for criminal trespass and causing hurt - The accused were found guilty of entering the complainant's residence unlawfully and inflicting injuries - The Sessions Court confirmed the convicti Read more.

Kerala - Bail Applications - Bail is the rule and jail is the exception; arrest must be justified and not routine, ensuring personal liberty is respected.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bail applications filed in connection with multiple crimes alleging forgery and cheating - The petitioner, accused of misusing official position to cause unlawful loss, seeks bail after prior arrest in a related case - The court considers Read more.

Kerala - Economic Offences - The prosecution must establish its case beyond reasonable doubt; failure to provide sufficient evidence leads to acquittal.

(A) Foreign Exchange Regulation Act, 1973 - Sections 18(2) and 56(1) - Appeal against acquittal - Complainant alleged that accused violated provisions of the Act by failing to repatriate export proceeds and making unauthorized transfers - Trial court acquitted accused due to lack of evidence establ Read more.

Kerala - Bail - Prolonged incarceration due to prosecution delays can justify bail under Article 21, overriding the NDPS Act's restrictions.

(A) Narcotic Drugs and Psychotropic Substances Act - Sections 22(c) and 29 - Bail application concerning possession of commercial quantity of MDMA - Petitioners arrested on 06.03.2023 - Prolonged incarceration may override statutory bail restrictions under Section 37 of the NDPS Act as per judicial Read more.

Kerala - Bail Applications - Bail is the rule and jail is the exception; arrest must be justified, especially in non-heinous cases.

(A) Rights of Persons With Disabilities Act, 2016 - Sections 126(2), 117(3), 118(1) r/w 92 - Bail application filed under Section 482 - Allegations of assault against a disabled person following a minor road accident - The petitioner is accused of serious offenses, including physical assault on a d Read more.

Kerala - Bail - Bail is the rule and jail is the exception; serious allegations do not automatically preclude bail if conditions are met.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substance (NDPS) Act, 1985 - Sections 20(b)(ii)B and 29 - Bail application filed by the accused in a drug possession case - Accused in custody since 22.02.2025, with serious allegations but no prior crimina Read more.

Kerala - Robbery - The court upheld the conviction under Section 394 IPC for robbery, affirming that the prosecution established guilt beyond reasonable doubt.

(A) Indian Penal Code, 1860 - Section 394 r/w Section 34 - Conviction for robbery - Accused snatched gold chain from victim after causing hurt - Evidence established guilt beyond reasonable doubt - Sentence modified to rigorous imprisonment for one year and fine of ₹10,000/- each, with default cust Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when conditions are met, ensuring fair trial opportunities.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bharatiya Nyaya Sanhita, 2023 - Sections 296(b), 126(2), 115(2), 118(2), 351(2), and 3(5) - Bail application filed by an accused in a case alleging assault - Petitioner in judicial custody since 03.03.2025 - Application for bail allowed w Read more.

Kerala - Quashing of FIR - Criminal proceedings should not be used to resolve civil disputes, and essential ingredients of alleged offences must be established for prosecution.

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 120B, 379, 420, 468, 506, 341 - Quashing of FIRs - Accused filed petitions to quash FIRs for offences including theft and cheating, alleging misuse of criminal proceedings for a civil dispute regarding land owne Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail if conditions are met, even in serious cases involving drug offences.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substance Act, 1985 - Sections 20(b)(ii)(B), 22(b), and 8(c) - Bail application filed by petitioner accused of drug possession - Petitioner in custody since 24.10.2024 with serious allegations against him - Read more.

Kerala - Bail - Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied, even in serious allegations.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bharatiya Nyaya Sanhita, 2023 - Sections 324(5) and 326(g) - Bail application filed by the accused in a case alleging serious offences of arson against the mother - The prosecution claims significant property damage and loss. (Paras 1-3) Read more.

Kerala - Bail - Bail is the rule and jail is the exception; personal liberty must be prioritized unless justified by compelling reasons for arrest.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 189(2), 191(2), 191(3), 126(2), 118(1), 324(3), 110 r/w 190 - Bail application filed under Section 482 - Accused alleged to have wrongfully restrained and attacked the complainant - Serious allegations but case involves counter allegations - B Read more.

Madhya Pradesh - Assault and Firearms Offences - The court affirmed the conviction for causing injury and illegal possession of a firearm, clarifying that recovery from an open place does not invalidate evidence, and physical production of a firearm is not necessary for sanction.

(A) Bhartiya Nagarik Surkasha Sanhita, 2023 - Section 415 - Indian Penal Code, 1860 - Section 324 - Arms Act, 1959 - Sections 25(1-B)(a) and 27 - Conviction for voluntarily causing hurt and illegal possession of firearm - The appellant was convicted for causing injury to the victim and illegal poss Read more.

Madras - Preventive Detention - Preventive detention orders must comply with constitutional and procedural requirements, but minor lapses do not invalidate the order if no substantial prejudice is shown.

(A) Act 14 of 1982 - Preventive Detention - Article 22(5) of the Indian Constitution - The petitioner challenges the detention of his son, Abhijeet Singh, arrested for cyber fraud involving Rs.84,50,000/- - Detention order passed on 23.08.2024, confirmed on 03.09.2024, and upheld by the Advisory Bo Read more.

Madras - Corruption - Offences arising from the same transaction may be tried together under the Criminal Procedure Code; separate trials are not required unless distinct offences are established.

(A) Criminal Procedure Code, 1973 - Sections 218, 219, 220, 223, 273, and 173(8) - Challenge to trial court's order clubbing supplementary charge sheets in a corruption case - The petitioner, an Association, argued against the clubbing, asserting distinct offences requiring separate trials. The cou Read more.

Madras - Domestic Violence - High Courts cannot quash criminal proceedings based on witness statements or inconsistencies; such assessments are reserved for trial courts.

(A) Indian Penal Code, 1860 - Sections 498(A), 323, 506(i), and 294(b) - Criminal Procedure Code - No legal bar on filing multiple complaints by the aggrieved party - Allegations of dowry harassment and physical assault were made against the petitioners, leading to the registration of FIR - The cou Read more.

Madras - Quashing of FIR - The court held that criminal proceedings should not be misused for civil disputes, emphasizing the need for caution to prevent abuse of process.

(A) Indian Penal Code, 1860 - Sections 420, 465, 467, 468, 471, and 34 - Quashing of FIR - The petitioner, a family member of the first accused, was implicated in a case of forgery and cheating regarding a legal heirship certificate application filed without consent - The court found no specific ov Read more.

Madras - Robbery - The conviction for robbery under IPC Sections 394 and 397 was upheld based on credible eyewitness accounts and medical evidence confirming grievous injuries.

(A) Indian Penal Code, 1860 - Sections 394 and 397 - Conviction for robbery - Petitioner convicted for snatching gold chain and causing grievous injuries - Sentence of 7 years R.I. and fine of Rs.5000/- upheld by Sessions Court - Delay in lodging complaint questioned but not found sufficient to ove Read more.

Madras - Quashing of FIR - The FIR was quashed as it lacked merit, with the court finding no evidence of ownership or criminal acts by the petitioners.

(A) Indian Penal Code, 1860 - Sections 294(b), 427, 447, and 506(ii) - Quashing of FIR - Allegations of trespass, damage, and criminal intimidation were found to lack merit as the complainant was not in possession of the property and no evidence supported the claims - The FIR was deemed an abuse of Read more.

Madras - Procedure - The court affirmed that police can invoke Section 319 Cr.P.C. to implead individuals as accused based on sufficient evidence, even if the complaint is filed by an aggrieved person.

(A) Code of Criminal Procedure, 1973 - Sections 198 and 319 - Revision petition against order of Judicial Magistrate allowing police to implead petitioner as accused in bigamy case - Court held that police had locus standi to file petition based on de-facto complainant's allegations - Sufficient ma Read more.

Madras - Quashing of FIR - The court may quash FIRs based on settlements between parties when injuries are not serious and the case is still under investigation, aligning with established legal principles.

(A) Indian Penal Code, 1860 - Sections 307, 109, and 427 - Quashing of FIR - The petitioner sought to quash an FIR based on a compromise between parties following a family dispute leading to an accident - The court noted that the injuries were not to vital parts and the petitioner had no intention Read more.

Madras - Corporate Offences - The court affirmed that a trial court must assess prima-facie evidence to determine if charges should proceed, without evaluating the defense at the discharge stage.

(A) Companies Act, 1956 - Sections 628, 629; Indian Penal Code - Section 409 - Revision petition challenging dismissal of discharge petition - Allegations of false disclosures in financial statements and breach of trust - The revision petitioner, as Managing Director, was accused of misrepresenting Read more.

Madras - Defamation - The registration of multiple FIRs based on the same set of facts constitutes double jeopardy and is barred by limitation under the Criminal Procedure Code.

(A) Indian Penal Code - Sections 501(b), 506(i), 509 - Information Technology Act, 2000 - Section 67 - Criminal Procedure Code - Section 468 - Quashing of FIR - The petitioner sought to quash an FIR for defamation and related offences, arguing double jeopardy and limitation issues. The court found Read more.

Mahkamah Persekutuan Putrajaya - Homicide - The court established that while the defendants caused death through wrongful acts, the intent to kill was not proven, leading to convictions under lesser charges.

(A) Penal Code - Sections 302, 304(a), and 109 - Murder and abetment - The case arose from the tragic death of a student due to severe burns inflicted by fellow students - Five defendants were initially charged with murder under s 302 but were convicted under s 304(a) for causing death without inte Read more.

Meghalaya - Bail - The court upheld the cancellation of bail due to the petitioner's violation of bail conditions, emphasizing the presumption of guilt under the NDPS Act for repeat offenders.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(b), 27A, 35, and 54 - Bail cancellation - Petitioner’s bail was cancelled due to violation of bail conditions after subsequent arrest for similar offences - The learned Sessions Judge found sufficient grounds for cancellation ba Read more.

Meghalaya - Bail Applications - Under Section 37 of the NDPS Act, bail is denied unless the accused demonstrates innocence and compliance with conditions, emphasizing 'Jail and not Bail'.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Pre-arrest bail application - Petitioner sought bail after his vehicle was implicated in a drug seizure involving 242.510 kgs of ganja - The petitioner claimed ignorance Read more.

Meghalaya - Bail Applications - The court emphasized the need to balance personal liberty against societal interest in drug-related cases, denying bail based on the seriousness of the offence and the accused's antecedents.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21(b) - Bail application for accused in drug-related case - Accused has been in custody for over a year without charges framed - Court considers the nature of the offence, ant Read more.

Meghalaya - Sexual Offences - The prosecution failed to prove the appellant's guilt beyond reasonable doubt, particularly regarding the survivor's age and the occurrence of sexual assault, leading to the conviction being overturned.

(A) POCSO Act, 2012 - Sections 8, 10 - Indian Penal Code, 1860 - Sections 451, 354 - Conviction and sentencing of appellant for sexual assault on a minor - Appellant sentenced to seven years under POCSO Act and additional terms under IPC - Prosecution failed to establish the age of the survivor and Read more.

Punjab and Haryana - Drug Offenses - The prosecution must prove its case beyond a reasonable doubt, and the absence of key witness testimony undermines the credibility of the prosecution's narrative.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22(a), 29, and 52-A - Acquittal of accused - Prosecution failed to prove possession of contraband beyond reasonable doubt due to non-examination of key witness and lack of independent corroboration - The trial court noted a consist Read more.

Punjab and Haryana - Bail - The court ruled that pre-trial incarceration should not equate to punishment, allowing bail with stringent conditions to protect the victim and ensure compliance.

(A) Criminal Procedure Code, 1973 - Section 439 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Bail application - The petitioner sought bail under serious charges including murder, with no prior criminal record - The court considered the nature of allegations and the need for pre-trial incarceration Read more.

Punjab and Haryana - Bail - Anticipatory bail granted based on the petitioner's claims of being a victim of fraud, emphasizing the importance of joining the investigation and conditionality of bail.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 316(2), 318(4), 61(2) - Anticipatory bail - Petitioner sought bail apprehending arrest in FIR for allegedly pledging fake gold for a loan - Court noted that petitioner filed civil suit and complaint against bank, indicating potential merit in Read more.

Punjab and Haryana - Bail - Anticipatory bail granted despite injuries being on a vital part, as the force used was not significant, reflecting social conditioning rather than intent to cause serious harm.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 331(6), 115(2), 191(3), and 190 - Anticipatory bail application - The petitioner, apprehending arrest, sought anticipatory bail, asserting no criminal antecedents. The complainant detailed an assault involving multiple accused, including the p Read more.

Punjab and Haryana - Procedure - The trial Court must record satisfaction before declaring a person proclaimed under Section 82 Cr.P.C., and failure to do so renders the order illegal.

(A) Code of Criminal Procedure, 1973 - Section 482 - Proclamation of person - The petitioner challenged the order declaring him a proclaimed person, arguing that the mandatory period of 30 days was not granted before such declaration. The trial Court failed to record reasons for believing the petit Read more.

Punjab and Haryana - Bail - Bail granted due to lack of direct evidence, absence of injuries, and prolonged custody, emphasizing the need for a fair trial.

(A) Indian Penal Code, 1860 - Sections 307, 506, 34 - Arms Act, 1959 - Section 25 - Bail application - Petitioner sought bail in a case involving attempted murder and threats, where he was not named in the FIR and was implicated based on a confession in another case - No injuries were sustained by Read more.

Punjab and Haryana - Bail - The absence of cogent evidence and prolonged custody without trial justified the grant of bail in a murder case based on circumstantial evidence.

(A) Indian Penal Code, 1860 - Section 302 - Bail application - The petitioner sought bail in a murder case based on circumstantial evidence, arguing lack of cogent evidence connecting her to the crime and prolonged custody without trial. The State did not dispute the absence of incriminating eviden Read more.

Punjab and Haryana - Bail - Prolonged pre-trial custody can justify bail even in cases involving commercial quantities of narcotics, provided the accused has no criminal antecedents.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Criminal Procedure Code, 1973 - Section 439 - Bail application - The petitioner seeks bail after more than one year and six months in custody for possession of commercial quantity of ganja - The court notes the absence of crimi Read more.

Punjab and Haryana - Negotiable Instruments - The presumption of liability under Section 139 of the Negotiable Instruments Act is robust, shifting the burden to the accused to prove otherwise, which was not achieved in this case.

(A) Negotiable Instruments Act, 1881 - Sections 138, 139, and 146 - Conviction for dishonor of cheque - Accused convicted for issuing a cheque without sufficient funds and failing to pay despite legal notice - Legal notice deemed served despite being returned unclaimed - Presumption of liability un Read more.

Punjab and Haryana - Bail - The court granted bail based on the lack of evidence justifying continued detention and the petitioner's clean antecedents.

(A) Indian Penal Code - Sections 420, 465, 467, 468, 471, and 120-B - Petition for regular bail filed under Section 483 BNSS, 2023 - Petitioner accused of fraudulently withdrawing Rs.81,50,000/- through a forged cheque - Allegations include involvement of bank officials in the conspiracy - Petition Read more.

Punjab and Haryana - Bail - Anticipatory bail denied due to serious allegations supported by medical evidence, emphasizing the need for custodial interrogation to ensure effective investigation.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 112(2), 115(2), 117(2), 126(2), 190, 191(3), 304(2), 351(3) - Anticipatory bail - Petition for anticipatory bail dismissed as serious allegations were made against the petitioner, including infliction of injury with a sharp weapon, supported b Read more.

Punjab and Haryana - Bail - Anticipatory bail may be granted when pre-trial incarceration is not justified, emphasizing the need for a fair trial and proportional bail conditions.

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - The petitioner seeks anticipatory bail in a case involving serious allegations related to unlawful assembly and firearms - The court emphasizes the need for a prima facie analysis, noting that pre-trial incarceration s Read more.

Punjab and Haryana - Bail - The court emphasized that continued detention without sufficient evidence is unwarranted, allowing bail under strict conditions to ensure trial integrity.

(A) Electricity Act, 2003 - Section 136 - Indian Penal Code, 1860 - Sections 380, 458, 395, and 459 - Petition for regular bail filed by the petitioner in FIR No.372 for serious offences including theft and assault - Petitioner has been in custody since 08.04.2024, with no tangible evidence present Read more.

Rajasthan - Sentencing - Sentencing must consider the gravity of the crime, mitigating circumstances, and the principle of justice, allowing for reduction based on time served and age of the accused.

(A) Indian Penal Code, 1860 - Section 304 Part II - Criminal appeal against conviction and sentence - Convicted for 5 years' rigorous imprisonment and fine for causing death due to injuries inflicted during a land dispute - The appellant's age and time served in custody were considered for sentenci Read more.

Rajasthan - Revision against Acquittal - A judgment of acquittal should not be interfered with unless compelling reasons exist, and the presumption of innocence is fortified by acquittal.

(A) Code of Criminal Procedure, 1973 - Sections 397 and 401 - Criminal revision petition against acquittal - The trial court acquitted the accused-respondents from charges under Sections 323, 324, 323/34, 324/34 IPC due to lack of evidence - The petitioner contended that the trial court erred in it Read more.

Rajasthan - Bail - The court ruled that bail can be granted for NDPS Act offences if the recovered quantity does not meet the commercial threshold, thus exempting the case from Section 37 restrictions.

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8 and 20 - Bail application under Section 483 of BNSS (439 Cr.P.C.) - Petitioner arrested for cultivating ganja plants - Prosecution claims recovery of ganja plants exceeding commercial quantity - Court finds that actual weight of Read more.

Rajasthan - Bail - Prolonged custody without trial completion justifies bail under Section 439 Cr.P.C., emphasizing the presumption of innocence.

(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The petitioner has been in judicial custody for over three years with only 17 out of 28 prosecution witnesses examined - The court considers the prolonged custody and the likelihood of trial delays in granting bail. (Paras 1, 2 Read more.

Rajasthan - Bail - The court granted bail to the petitioners, finding their case not worse than that of a co-accused already released on bail, emphasizing judicial custody and absence of recovery pending.

(A) Prevention of Corruption Act - Sections 13(1)(a), 13(2) - Indian Penal Code - Sections 420, 467, 468, 471, 120-B - Bail application - Petitioners arrested for sanctioning loans based on forged documents, causing wrongful loss to the bank - Co-accused granted bail, petitioners' case not worse - Read more.

Rajasthan - Bail - The right to a speedy trial under Article 21 of the Constitution overrides statutory restrictions on bail, especially when an accused has been in custody for an extended period without trial progress.

(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail application - Accused-petitioner arrested for possession of commercial quantity of contraband - Delay in trial noted, with only 4 out of 24 witnesses examined - Court emphas Read more.

Rajasthan - Sentencing - The court modified the sentence to reflect the time already served by the petitioner, considering his personal circumstances and the lengthy duration of the case.

(A) Indian Penal Code, 1860 - Sections 279 and 304-A - Motor Vehicles Act, 1988 - Sections 134 and 187 - Criminal revision petition challenging conviction and sentence for causing death by negligence in a bus accident - Conviction affirmed; however, sentence modified considering the petitioner's in Read more.

Rajasthan - Sentencing - The court can reduce sentences based on the time already served and the mental trauma experienced during prolonged trials, while maintaining convictions.

(A) Indian Penal Code, 1860 - Sections 307, 148, 323, 324, 149 - Criminal appeal against conviction and sentence - Appellants convicted for attempted murder and related offences - Sentences of 7 years R.I. for some and lesser terms for others - Sentences ordered to run concurrently - Appeal partly Read more.

Rajasthan - Bail - The court granted bail based on the status of co-accused, duration of custody, and likelihood of trial delays, satisfying the conditions of the NDPS Act.

(A) NDPS Act - Sections 8, 15, and 29 - Bail application filed under Section 483 of BNSS (439 Cr.P.C.) - Petitioner arrested for possession of contraband - Co-accused already granted bail - Court considers duration of custody and likelihood of trial delay - Bail granted with conditions. (Paras 1-7) Read more.

Rajasthan - Bail Applications - Prolonged incarceration and delay in trial can justify granting bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.

(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 15, 25, and 37 - Bail application - Petitioner in custody for over three years with only 11 out of 34 witnesses examined - Court emphasizes the right to speedy trial under Article Read more.

Supreme Court - Procedural Law - The court emphasized the importance of representation and procedural compliance in legal proceedings.

The court addressed procedural issues regarding the representation of the petitioner, noting the absence of the Advocate on Record due to connectivity issues in a remote village. The court directed the Advocate on Record to appear physically on a specified date, ensuring compliance with procedural Read more.

Telangana - Corruption - The prosecution must prove demand for a bribe beyond reasonable doubt; mere acceptance of money does not establish guilt.

(A) Prevention of Corruption Act, 1988 - Sections 7 and 13(2) r/w 13(1)(d) - Conviction challenged for demand and acceptance of bribe of Rs.1,000/- for providing telephone connection - Prosecution failed to prove demand beyond reasonable doubt due to contradictions in testimonies and lack of corrob Read more.

Supreme Court - Classification of Goods - The classification of imported goods hinges on the 'most akin' test, requiring clear evidence of conformity to specified parameters, rather than mere preponderance of probabilities.

(A) Customs Act, 1962 - Sections 111(d), 111(m), 112(a), 112(b), 114AA, and 117 - Classification of imported goods - Dispute over whether goods are Base Oil or High Speed Diesel (HSD) - Adjudicating Authority classified goods as HSD, leading to confiscation and penalties - Appellate Tribunal revers Read more.

Madras - Public Service Disciplinary Actions - Disciplinary action must balance accountability for misconduct with consideration of long service and potential impact on retirement benefits.

(A) Tamil Nadu Civil Services (Discipline & Appeal) Rules, 1955 - Rule 17(b) and Rule 8(iv) - Disciplinary action against a judicial officer for failure to serve summons properly - The petitioner, after 41 years of service, was found to have made a false endorsement regarding a party's death, leadi Read more.

Kerala - Fee Disbursement - The court mandated the timely disbursement of educational grants to a medical college, emphasizing the Government's obligation to fulfill financial commitments to eligible students.

(A) Educational Institutions Act - Fee Disbursement - The petitioner, Principal of a Self Financing Medical College, claimed ₹24,71,274/- due for five students from Scheduled Caste / Scheduled Tribe and Other Eligible Communities, whose fees were to be paid by the Government. Despite multiple reque Read more.

Central Administrative Tribunal - Employment and Service Rights - The court upheld the applicant's legal rights, directing the regularization of his services and the upgradation of the EGS Centre, which had been unjustly ignored.

(A) Education Act - Relevant Government Orders - Upgradation of EGS Centre - The applicant sought the upgradation of an Education Guarantee Scheme (EGS) Centre to Primary School level and conversion from Education Volunteer to Rehbar-e-Taleem Teacher. The Zonal Education Officer recommended this up Read more.

Delhi - School Affiliation and Transfer - The court upheld the principles of natural justice, emphasizing the need for students to be heard before transferring them to distant schools due to non-compliance of CBSE norms.

(A) Central Board of Secondary Education (CBSE) norms - The petitioners sought to quash the order of CBSE regarding the transfer of students due to non-compliance by their school, claiming it was illegal and arbitrary. (Paras 3, 4, 6) (B) Natural justice - The petitioners argued for a hearing to pr Read more.

Delhi - School Affiliation - The court upheld the principle of procedural fairness, stating that a school must have its representation against deaffiliation decided before any student transfers occur.

(A) Central Board of Secondary Education (CBSE) Bye-Laws - Deaffiliation of School - The petitioner sought to quash the deaffiliation order dated 08.03.2025 and the subsequent transfer of students, arguing that the school was entitled to representation against deaffiliation. The representation made Read more.

Delhi - Fee Structure and Payment - Unaided schools are not required to obtain prior approval from the Directorate of Education before increasing fees, and coercive actions against students for fee non-payment are impermissible pending legal proceedings.

(A) Education Act - Relevant principles regarding fee structure and approval - The petition seeks to determine the actual fee payable to the school after auditing accounts as per Generally Accepted Accounting Principles (GAAP) - The school struck off names of seven students for non-payment of fees Read more.

Delhi - Admission Disputes - The court emphasized the need for fair consideration of admissions and the importance of equivalence in academic qualifications.

(A) Writ Jurisdiction - Ph.D. Admissions - The petitioner sought relief against AIIMS, Delhi for reconsideration of her Ph.D. application, alleging misconduct by the Associate Dean and claiming mental harassment due to unjust behavior. The petitioner contended her M.Sc. Medical Biotechnology was eq Read more.

Gujarat - Employment Rights - The unilateral termination of a teacher's service by a school without proper authorization is illegal, and review applications must show material error to be entertained.

(A) Bombay Primary Education Rules, 1949 - Schedule-F - Review application against judgement dated 07.08.2024 - The respondent-Teacher's entitlement to salary and benefits post-termination was contested, with the applicant-School arguing non-functionality and financial crisis - The court found the Read more.

Kerala - Disability Rights - The court emphasized compliance with statutory provisions and principles of natural justice in educational appointments for differently abled individuals.

(A) Rights of Persons with Disabilities Act, 2016 - Compliance with reservation requirements for differently abled individuals in educational appointments - The petitioner, Manager of an Aided School, appointed differently abled individuals to reserved posts but faced objections regarding subsequen Read more.

Kerala - School Management - The court emphasized the necessity of procedural fairness and the disqualification of a school manager under the Kerala Education Act due to permanent employment elsewhere.

(A) Kerala Education Act and Rules, 1959 - Rule 8(2) - Disqualification of school manager - The petitioner and the 6th respondent are joint owners of property housing an aided school. The 6th respondent's application for management change was rejected, leading to multiple legal challenges. The peti Read more.

Rajasthan - Right to Education - The court ruled that implied consent for a school address change, confirmed by inspections, justified reimbursement under the Right to Education Act despite lack of prior permission.

(A) Right to Education Act - Reimbursement dues - The petitioner sought reimbursement for students under the RTE Act for academic sessions 2022-2025, which was denied due to a change of school address without prior permission - The court found that inspections conducted by the respondents implied c Read more.

Allahabad - Disqualification - A writ of quo-warranto is maintainable to challenge the continued tenure of a Pramukh who incurred disqualification under electoral law, necessitating a fresh election.

(A) U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 - Section 13(o) - Municipalities Act, 1916 - Section 3 - Writ of quo-warranto - Disqualification of elected member due to exclusion from electoral roll - Respondent continued as Pramukh despite incurring disqualification after village Read more.

Delhi - Voting Procedures - The Election Commission must consider stakeholder input and ensure uniformity in election procedures regarding candidate photographs on ballot papers.

(A) Conduct of Elections Rules, 1961 - Rules 22, 30, and 49B - Writ petition seeking directions for affixing photographs of candidates on EVM/Ballot Papers - Election Commission's notification allows for photographs in color or black and white - Court directs that the petition be treated as a repre Read more.

Kerala - Voting Rights - The voting process must ensure fairness and clarity, allowing candidates to be treated individually to prevent voter confusion.

(A) Bye-laws of the Jama-ath - Clause 11 - Voting system - The voting rights are based on one vote for one house, allowing only one vote per house. A retired District Judge was appointed as the Returning Officer to conduct elections. (Paras 1-3) (B) Voting process - A voter has 27 votes but must ma Read more.

Punjab and Haryana - Cooperative Societies - The court emphasized the necessity of videography in elections to ensure transparency and fairness, allowing the petitioners to arrange it provided they deposit the necessary costs by a specified date.

(A) Punjab Cooperative Societies Act, 1961 - Writ of mandamus - Prayer for videography of election process for the Managing Committee of the Lakaha Cooperative Agriculture Multipurpose Society Limited - Court directed that the election process be videographed to ensure free and fair elections, prov Read more.

Gauhati - Symbol Allocation - Candidates nominated by a recognized political party must be acknowledged as such for symbol allocation, ensuring the integrity of the electoral process.

(A) Elections Symbols (Reservation & Allotment) Order, 1968 - Paragraph 10 - Political party symbol allocation - The petitioners, members of All India Trinamool Congress, were allowed to contest elections using the party symbol 'Flowers & Grass' despite being listed as independent candidates due to Read more.

Andhra Pradesh - Public Employment - The court ruled that the failure to pay minimum time scale to mentors and not creating regular posts was arbitrary, violating the principle of equal pay for equal work.

(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioners sought minimum time scale for the post of Lecturer and creation of regular Mentor posts in Government Degree Colleges - Petitioners appointed as mentors since 2007, but not paid minimum time scale - Respondents argued mentors Read more.

Andhra Pradesh - Public Employment - The court ruled that the petitioners' claims for unpaid salaries were unfounded as they had been compensated up to September 2020, and their request for regularization was not maintainable under existing government orders.

(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioners, Horticulture Officers, claimed non-payment of salaries since January 2019, alleging violation of Articles 14 and 21 - Petitioners appointed on contract basis since 2010, working in Rubber Plantation Project - Respondents deni Read more.

Andhra Pradesh - Service Jurisprudence - The court upheld that a fresh contract driver's reinstatement does not confer seniority from a prior award, affirming the legality of the respondents' actions under service regulations.

(A) Constitution of India - Article 226 - Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963 - Writ petition challenging the appointment of the petitioner as a fresh contract driver without considering seniority - The petitioner was initially appointed in 2007, re Read more.

Bombay - Retirement Benefits - An employer is legally obligated to pay gratuity within one month of retirement; unjustified delays in payment are arbitrary and compel legal action.

(A) Constitution of India - Article 226 - Payment of Gratuity Act, 1972 - Delay in releasing gratuity and pension benefits - Petitioner, a retired teacher, claimed gratuity and pension after 25 years of service - Respondents failed to process payments timely, leading to the petition - Court directe Read more.

Central Administrative Tribunal - Regularization of Services - The Tribunal ruled that unexplained delay in seeking relief can disentitle a petitioner from relief, and the petitioner failed to establish a legal basis for regularization of service.

(A) Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 - SRO 64 of 1994 - Government Order No. 144-GAD of 2001 - Regularization of casual laborers - The petitioner sought regularization of service and release of withheld wages, claiming entitlement under SRO 64 of 1994 and relevant gov Read more.

Central Administrative Tribunal - Service Matters - The principle of res judicata applies to wage fixation claims previously adjudicated, despite the continuing nature of the grievance.

(A) Administrative Tribunals Act, 1985 - Section 19 - Original Application for pay fixation - Applicant sought refixation of pay from January 2012 to February 2019 based on guidelines issued by respondents - Applicant reinstated after termination, but disputes arose regarding wage calculation and c Read more.

Central Administrative Tribunal - Administrative Tribunals - Equal treatment in employment benefits mandates that similarly situated employees receive the same benefits regardless of qualifications if others without qualifications have been granted benefits.

(A) Administrative Tribunals Act, 1985 - Section 19 - Employment benefits - Applicant sought to quash the withdrawal of pay scale benefits due to non-matriculation at the time of appointment - Respondents denied benefits citing qualification issues despite similar cases being granted benefits - Cou Read more.

Central Administrative Tribunal - Juvenile Justice - Juveniles cannot be denied employment based on past offenses, as per the Juvenile Justice Acts, which aim to eliminate stigma and support reintegration.

(A) Juvenile Justice (Care and Protection of Children) Act, 2000 - Section 19 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 15(a) - Cancellation of candidature for Sub-Inspector post due to past juvenile criminal record - The applicant disclosed his involvement in the cri Read more.

Central Administrative Tribunal - Recruitment and Selection - The Tribunal ruled that candidates from previous selection lists must be considered for appointment if vacancies remain unfilled, emphasizing the importance of following proper verification processes.

(A) Recruitment and Selection - OBC Reservation - The applicant, an OBC candidate, challenged the non-consideration of her application for TGT (Social Science) despite scoring 88.50 marks, lower than the last selected candidate's 89 marks. The Tribunal directed the respondents to verify her OBC sta Read more.

Central Administrative Tribunal - Service Benefits - Pension is a right earned through service, and the state cannot deny it after prolonged employment; arbitrary denial of service benefits is unreasonable.

(A) Government Order No. 1285-GAD of 2001 - Confirmation of services - The applicant, after more than 24 years of continuous service as Nursing Orderly, was denied service benefits including pension and increments due to lack of formal confirmation - The court emphasized that the state cannot deny Read more.

Central Administrative Tribunal - Administrative Tribunals - The Tribunal found that the applicant had fulfilled the educational requirements for the post, quashing the cancellation of her candidature and emphasizing adherence to recruitment guidelines.

(A) Administrative Tribunals Act - Section 19 - Employment Notification - Qualification requirements for Statistical Investigator Gr. II - Applicant's candidature was cancelled due to alleged lack of essential qualifications, specifically the study of Statistics in the third year of her degree - Th Read more.

Central Administrative Tribunal - Regularization of Services - The right to regularization is a statutory right based on continuous service, and government departments must ensure fair employment practices.

(A) Administrative Tribunals Act, 1985 - Section 19 - Regularization of services - Applicant sought retrospective regularization from 28-3-2008 after completing 7 years of service, citing parity with another employee - Respondents regularized services prospectively from 14-6-2019 - Court emphasized Read more.

Central Administrative Tribunal - Public Employment - Employees with legitimate expectations for regularization must be treated fairly if similarly situated individuals have received favorable treatment, and arbitrary denial of benefits is impermissible.

(A) Constitution of India - Articles 14 and 16 - Writ petition for regularization of services - Petitioner, a Special Police Officer, sought permanent appointment as Constable based on participation in anti-insurgency operations, claiming parity with similarly situated individuals - Respondents rej Read more.

Central Administrative Tribunal - Termination of Employment - Termination of services upheld as applicant did not meet essential eligibility criteria for the post of Security Officer, despite claims of natural justice violations.

(A) Ex-Servicemen (Re-employment in the Central Civil Services and Posts) Rules - Termination of services - The applicant, an ex-serviceman, challenged the termination of his appointment as Security Officer on grounds of not meeting eligibility criteria. The court found that the applicant did not p Read more.

Central Administrative Tribunal - Regularization of Services - An employee eligible for regularization under the J&K Civil Services (Special Provisions) Act, 2010 cannot be denied benefits due to administrative delays leading to retirement.

(A) J&K Civil Services (Special Provisions) Act, 2010 - Section 5 - Regularization of services - The applicant, a Sweeper since 1977, sought regularization after superannuation, which was denied due to age. The Empowered Committee had cleared his case for regularization, but delay led to his retire Read more.

Central Administrative Tribunal - Public Employment - Administrative delays should not penalize eligible candidates; notional seniority must be granted to those unjustly denied appointment.

(A) Constitution of India - Articles 14 and 16 - Retrospective appointment - The petitioner sought retrospective appointment as Technician III from 1998 based on merit, claiming violation of Supreme Court directions and constitutional rights. The court emphasized that administrative delays should n Read more.

Central Administrative Tribunal - Public Employment - The right to appointment is not conferred merely by participation in the selection process; applicants in the 20% extra candidates list do not have a vested right to appointment.

(A) Employment Notice No. 02/2010 - Group D posts - Applicants sought appointment on Group D posts in the pay scale of Rs.5200-20200 with grade pay of Rs.1800/- - Applicants participated in selection process but were not appointed despite vacancies - Supreme Court's judgment in Dinesh Kumar Kashyap Read more.

Central Administrative Tribunal - Public Service Recruitment - The court emphasized that all similarly situated candidates must be treated alike, directing the appointment of the applicant based on Supreme Court guidelines.

(A) Constitution of India - Article 14 - Service jurisprudence - The case involves the appointment of Technician Grade III in the Power Development Department, where the applicant was excluded from the selection list despite being eligible. The Supreme Court directed that vacancies be filled from c Read more.

Central Administrative Tribunal - Regularization of Services - Employees working for extended periods on a temporary basis are entitled to regularization if they meet the criteria, and rejection without due process violates principles of natural justice.

(A) SRO-308 dated 16-10-2010 - Regularization of services - The petitioner, appointed as a Safaiwala in 1997, sought regularization under SRO-308, which includes contingent employees for regular appointments. The respondents rejected his claim citing tampering with his date of birth records, which Read more.

Central Administrative Tribunal - Land Acquisition and Employment - The court ruled that the applicant must be evaluated under the original physical test criteria due to the illegality of the newly imposed standards.

(A) Land Acquisition Act - Employment Notification - The applicant, a land loser, sought preferential treatment for employment in Group 'D' posts following land acquisition for a railway project. The Supreme Court directed re-verification of claims and age relaxation for land oustees. The applicant Read more.

Central Administrative Tribunal - Service Regularization - The Tribunal established that casual labourers are entitled to 1/30th of pay at the minimum relevant pay scale if similarly situated to others already granted this status.

(A) Regularization of Services - The Tribunal directed the respondents to grant the status of 1/30th of pay at the minimum of the relevant pay scale of a Group D plus DA to the applicants, if they are similarly situated to those already granted this status. (Paras 7, 8) (B) Previous Orders - The pr Read more.

Central Administrative Tribunal - Discrimination - The Tribunal mandated retrospective promotions and a revised promotion timeline for Female Multi-Purpose Health Workers to ensure parity with male counterparts, addressing gender discrimination in pay and promotions.

(A) Jammu and Kashmir Health and Family Welfare (Subordinate) Services Recruitment Rules, 2022 - Pay anomalies - The petitioners, Female Multi-Purpose Health Workers, sought parity in pay scales and promotional avenues with their male counterparts, claiming discriminatory treatment under Articles 1 Read more.

Chhattisgarh - Promotion Rights - Promotion denial based on incorrect service duration violates fundamental rights under Articles 14 and 16, entitling employees to be considered for promotion.

(A) Constitution of India - Articles 14, 16, and 21 - Promotion - Petitioners challenged the rejection of their promotion claim on grounds of having not completed 5 years of service post-regularization, asserting they were regularized on 8.9.2008, not 23.6.2022, thus completing over 15 years of ser Read more.

Delhi - Discrimination - Denial of promotion based on HIV status violates the HIV Act and constitutional rights, necessitating reconsideration of promotion eligibility for affected personnel.

(A) Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 - Section 3 - Promotion and employment of personnel in security forces - Petitioners denied promotion and appointment due to HIV status - Court emphasizes non-discrimination based on HIV stat Read more.

Delhi - Recruitment and Qualifications - Administrative decisions must provide clear and specific reasoning, especially when withdrawing an offer of appointment.

(A) Education Laws - Recruitment and Qualifications - The petitioner applied for the post of TGT (Maths) and was initially offered the position after document verification. However, the offer was later withdrawn on grounds of lacking essential qualifications. The court found the reasons for withdra Read more.

Gujarat - Writ Jurisdiction - The court clarified that compliance with its directions was sufficient, and no willful disobedience was found regarding the opening of the GPF account.

(A) Writ Jurisdiction - Directions for regularization of employment - The Municipality was directed to grant regularization to the workman as a Class IV employee from 2001-2002, with consequential benefits from 2017, treating the period from 2001 to 2017 as Notional - The applicant sought complianc Read more.

Himachal Pradesh - Public Employment - A petitioner cannot re-agitate a matter after acquiescing to a prior decision, thereby waiving the right to challenge an appointment.

(A) Education Department Notifications - SMC Policy - Appointment of Language Teacher - The petition challenged the appointment of Respondent No.5 as illegal and sought appointment for the petitioner based on merit. It was contended that Respondent No.5 lacked a required Master's degree at the time Read more.

Industrial Court Kuala Lumpur - Dismissal - The employer must prove just cause for dismissal, and the standard of proof is on the balance of probabilities, with serious misconduct justifying termination.

(A) Industrial Relations Act 1967 - Section 20(3) - Dismissal of employee - The Claimant was dismissed for misconduct including absence without leave and attempting to involve subordinates in external business for personal gain - The Court found that the Company had just cause for dismissal based o Read more.

Kerala - Public Employment - The court upheld the University's resolution clarifying that the post of Bus Conductor is filled by selection, not promotion, thus dismissing the petitioner's claims.

(A) University Act - Recruitment and Promotion - The University invited applications for the post of Bus Conductor from Class IV employees, stating that selection is based on qualification and length of service. The petitioner contended that the post should be treated as a promotion post per a prio Read more.

Madras - Promotion and Pay Disparity - A petitioner relinquishing promotion rights cannot claim pay parity with a junior, as pay is tied to actual promotion and service rendered.

(A) Writ Petition - Certiorified Mandamus - Pay anomaly - The petitioner sought to rectify pay disparity with a junior employee, claiming entitlement to stepping up of pay based on prior court orders. The court found that the petitioner had voluntarily relinquished her promotion opportunity, which Read more.

Madras - Industrial Disputes - The failure to file an approval petition simultaneously with the dismissal order constitutes a fatal defect under Section 33(2)(b) of the Industrial Disputes Act, 1947.

(A) Industrial Disputes Act, 1947 - Section 33(2)(b) - Approval petition for dismissal - The petitioner corporation's approval petition was rejected due to a delay of six days in filing, which the court found to be an incurable defect. The court emphasized the necessity of simultaneous filing of th Read more.

Madras - Industrial Disputes - The court emphasized that a delay in filing an approval petition under the Industrial Disputes Act must be satisfactorily explained; otherwise, it invalidates the petition.

(A) Industrial Disputes Act, 1947 - Section 33(2)(b) - Approval petition for dismissal of employee - The petitioner corporation sought approval for dismissal of an employee after a delay of three months, which was rejected by the authority - The court held that the delay was not satisfactorily expl Read more.

Madras - Public Employment - The court ruled that the reasons for denying inclusion in the seniority list were false and discriminatory, emphasizing the need for fair treatment of employees based on service duration.

(A) Writ of Certiorarified Mandamus - Impugned orders dated 26.11.2019 - Petitioners engaged as Anti-Poaching Watchers since 2012 and 2016 - Claim for inclusion in State-wide seniority list and regularization of service denied - Court found the reasons for denial to be false and baseless, highlight Read more.

Madras - Writ Jurisdiction - An employee's refusal to join a redeployed position does not negate salary entitlement if the redeployment order is challenged and the employee is later accommodated.

(A) Writ Jurisdiction - Employment Law - The court addressed the issue of salary entitlement for the first respondent, an Assistant Professor, during the period of redeployment from 19.12.2017 to 03.07.2019. The first respondent's Writ Petition was allowed by the Single Judge, directing payment of Read more.

Mahkamah Perusahaan Kuala Lumpur - Constructive Dismissal - The court established that constructive dismissal occurs when an employer's conduct fundamentally breaches the employment contract, failing to address serious allegations like sexual harassment.

(A) Akta Perhubungan Perusahaan 1967 - Seksyen 20 - Pembuangan kerja - Penuntut mendakwa pembuangan kerja secara konstruktif oleh majikan - Mahkamah menilai sama ada pembuangan kerja dilakukan atas sebab yang adil - Mahkamah memutuskan bahawa syarikat gagal membuktikan pembuangan kerja adalah beras Read more.

Meghalaya - Provident Fund Regulations - The court affirmed that while the Regional Provident Fund Commissioner can remit part of the penalty under Section 14B, it cannot remit the entire penalty, emphasizing the need for fair adjudication.

(A) Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 - Section 14B - Penalty for default in remittance of contributions - Respondent failed to remit contributions from 1st April, 1996 to 31st March, 2014, leading to a penalty of Rs.60,57,874/- imposed by the Regional Provident Fund Read more.

Patna - Public Service Employment - The court affirmed that similarly situated individuals must receive equal treatment under the law, emphasizing the arbitrary nature of the authorities' actions in denying ACP benefits.

(A) Constitution of India - Articles 14, 16, and 21 - Bihar Litigation Policy, 2011 - Petitioners, constables of Bihar Military Police, sought implementation of a prior judgment regarding pay-fixation and benefits under the Assured Career Progression Scheme (ACP) - Court found that the petitioners Read more.

Rajasthan - Recovery of Payments - Recovery from low-paid employees after a significant delay is impermissible, especially when the employee is not at fault.

(A) Constitution of India - Article 14 - Recovery of excess payment - The court held that recovery from low-paid employees after a considerable period is impermissible, especially when the employee is not at fault - The petitioner, an 86-year-old woman, faced recovery without due process - The cour Read more.

Rajasthan - Service Regularization - Employees appointed substantively cannot be reverted to part-time status without lawful authority, and unjust treatment under applicable rules is impermissible.

(A) Rajasthan Fund Service Rules, 1959 - Devasthan Nidhi Karmachhari (Revised Pay and Allowances) Rules, 2010 - Petition for regularization of service and pay scale - Petitioner appointed as Watchman/Chowkidar since 1987, sought permanent status and regular pay scale - Respondents denied claim base Read more.

Central Electricity Regulatory Commission - Renewable Energy Certificates - Procedural delays in re-accreditation do not bar the issuance of Renewable Energy Certificates; the Commission can relax timelines to promote renewable energy generation.

(A) Central Electricity Regulatory Commission (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2010 - Regulation 7(1A) and 15; CERC REC Regulations, 2022 - Regulation 10(3) and 18 - Issuance of Renewable Energy Certificates (RECs) - The Petitione Read more.

Central Electricity Regulatory Commission - Electricity Regulation - The completion of the LILO and commencement of power evacuation rendered the Petition infructuous, addressing the Petitioner's grievances.

(A) Electricity Act, 2003 - Sections relevant to connectivity and power evacuation - The Petitioner sought exemption from additional connectivity costs and requested power evacuation arrangements from Unit 1 of Khurja STPP. The Commission allowed temporary arrangements for trial runs and scheduling Read more.

Central Electricity Regulatory Commission - Electricity Regulation - The judgment emphasizes the need for operational flexibility in power generation to maintain grid frequency within regulatory limits, highlighting the importance of two-shift operations for thermal units and incentivizing renewable energy sources.

(A) Indian Electricity Grid Code, 2023 - Regulation 30 - High-frequency operation in power system - Report by Grid-India indicated persistent high-frequency operation on 4th, 11th, and 25th August 2024, with frequency exceeding 50.05 Hz for significant portions of the day - Factors contributing inc Read more.

Central Electricity Regulatory Commission - Electricity Regulation - The Review Petitioner is entitled to incentives for achieving availability above 75% NAPAF as per the Tariff Regulations, while profit-sharing from lignite sales was rejected.

(A) Electricity Act, 2003 - Section 61 - Central Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 - Review Petition regarding pooled lignite prices - The Review Petitioner sought revision of pooled lignite prices for the period 2010-2014, which was initially allowed by the Read more.

Gujarat - Mining Regulations - The court mandates that no mining activities commence until Environment Clearance is obtained, emphasizing compliance with environmental regulations in lease agreements.

(A) Environment Protection Act, 1986 - The writ-applicant has complied with conditions of the Letter of Intent but has not received the final Environment Clearance certificate, which is necessary for the quarry lease to be executed. (Paras 2, 4) (B) Mining Activities - The court directed that no mi Read more.

National Green Tribunal - Water Management - The Tribunal reinforced the necessity of maintaining open storm water drains for environmental protection and flood control, directing municipal authorities to act on complaints regarding unauthorized construction.

(A) Environmental Protection Act, 1986 - Unauthorized construction over storm water drains - The Tribunal emphasized the importance of open storm water drains for environmental management and flood control, referencing previous orders that prohibit covering such drains. (Paras 1, 3, 6, 8) (B) Duty Read more.

National Green Tribunal - Water Pollution - The court mandated joint efforts by authorities to remove encroachments and restore polluted waterbodies, emphasizing environmental compliance and penalties for violators.

(A) Environment (Protection) Act, 1986 - Solid Waste Management Rules, 2016 - Pollution and encroachments affecting waterbodies - The applicant sought directions for eviction of encroachments and restoration of waterbodies vital for temple festivals - Reports indicated ongoing pollution from untrea Read more.

National Green Tribunal - Pollution Control - The Tribunal emphasized the necessity of obtaining environmental clearances and compliance with regulations to protect public health and the environment.

(A) National Green Tribunal Act, 2010 - Schedule-I - Environmental violations - The applicant raised concerns regarding illegal operations of a stone crushing and asphalt mixing facility without obtaining necessary environmental clearances, causing severe health and environmental hazards to the loc Read more.

National Green Tribunal - Tree Protection and Conservation - The court upheld that all necessary permissions for tree felling were obtained under the West Bengal Trees Act, confirming compliance with environmental regulations.

(A) West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 - Sections 9(4) and 9(5) - Allegations of illegal felling of trees - The applicant alleged that over 1000 trees were cut without permission; however, the court found that all necessary permissions were obtained and th Read more.

National Green Tribunal - Pollution Control - The Tribunal mandated strict compliance with environmental regulations and directed local authorities to ensure proper waste management to prevent river pollution.

(A) National Green Tribunal Act, 2010 - Sections 18, 14, 15, 16, and 17 - Pollution of rivers - Applicant alleges untreated effluent discharge by industries into river Tapti - Tribunal directed MPPCB to take remedial action and monitor compliance with environmental standards. (Paras 1-9) (B) Enviro Read more.

Andhra Pradesh - Marriage and Succession - A second marriage during the subsistence of the first marriage is void, and the second spouse cannot claim legal rights or benefits.

(A) Hindu Marriage Act, 1955 - Sections 5 and 11 - Claim for terminal benefits and compassionate appointment - Petitioner in WP.No.12906 of 2012 seeks release of benefits of deceased husband and appointment on compassionate grounds; petitioner in WP.No.19625 of 2012 claims to be second wife and see Read more.

Andhra Pradesh - Matrimonial Disputes - In matrimonial proceedings, the convenience of the wife is prioritized over that of the husband, as established in the case law.

(A) Code of Civil Procedure, 1908 - Section 24 - Hindu Marriage Act, 1955 - Transfer of matrimonial proceedings - Petitioner sought to withdraw H.M.O.P.No.42 of 2024 from Senior Civil Judge Court, Chirala, to Family Court, Guntur, citing inconvenience due to distance and ongoing related cases - Cou Read more.

Andhra Pradesh - Matrimonial Disputes - In matrimonial proceedings, the convenience of the wife is prioritized, especially when considering transfer petitions under Section 24 of the Code of Civil Procedure.

(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of matrimonial proceedings - The petitioner sought to withdraw a family court petition and transfer it due to difficulties in traveling without male support, citing ongoing legal disputes and the welfare of her children. The court considered Read more.

Andhra Pradesh - Marriage and Divorce - A second marriage is void if one party has a living spouse, affecting claims to family pension under CCS Pension Rules.

(A) Constitution of India - Article 21 - CCS Pension Rules, 1972 - Writ petition for family pension - Petitioner claimed family pension as the legally wedded wife of the deceased, while the 5th respondent claimed the same based on a prior marriage - Court found the petitioner's claim untenable due Read more.

Andhra Pradesh - Matrimonial Disputes - In matrimonial proceedings, the convenience of the wife is paramount when considering the transfer of cases, reflecting socio-economic realities.

(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of matrimonial proceedings - Petitioner sought to withdraw HMOP No.140 of 2024 from Gurazala to Rajahmahendravaram due to inconvenience of travel with a minor child - Respondent had no objection to the transfer - Court emphasized the importa Read more.

Chhattisgarh - Divorce - The court affirmed that irretrievable breakdown of marriage, while not a statutory ground, can justify divorce when reconciliation is impossible, supported by evidence of abandonment and cruelty.

(A) Family Court Act, 1984 - Section 19(1) - Hindu Marriage Act, 1955 - Section 13 - Appeal against decree of divorce - The Family Court granted divorce on grounds of abandonment and cruelty, noting irretrievable breakdown of marriage - The appellant/wife's behavior post-election as Janpad Member l Read more.

Delhi - Domestic Violence - An order under Section 25(2) of the DV Act modifying interim maintenance is not directly appealable under Section 29, impacting the Petitioner's rights.

(A) Protection of Women from Domestic Violence Act, 2005 - Section 25(2) and Section 29 - Appeal against interim maintenance - The Sessions Court dismissed the appeal on maintainability grounds, ruling that an order under Section 25(2) is not directly appealable as it modifies a previous order base Read more.

Delhi - Child Custody - The court emphasized the obligation of the State to act promptly in cases involving missing minors, ensuring their safety and welfare.

(A) Constitution of India - Article 226 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Writ of habeas corpus - Petition filed for the production of a missing minor child since 16th December, 2024 - FIR lodged under Section 137(2) of the Bhartiya Nyaya Sanhita - No action taken by Police despite inqui Read more.

Delhi - Habeas Corpus - The court ruled that a habeas corpus petition is unnecessary when the individual in question confirms their safety and marital status independently.

(A) Constitution of India - Article 226 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Petition for Habeas Corpus - Petitioner sought to produce his missing wife and requested a speedy investigation into her disappearance - The court found that the missing wife had married another individual and conf Read more.

Delhi - Child Custody - The court emphasized that consent orders can be modified or revoked based on changed circumstances or violations, prioritizing the welfare of the child in custody matters.

(A) Code of Civil Procedure, 1908 - Section 151 - Writ petition under Article 226 - Application for modification of interim order regarding visitation rights and mediation proceedings - The court emphasized the need for consent-based arrangements and the importance of the child's welfare in custody Read more.

Gujarat - Marriage and Divorce - The court affirmed the autonomy of an adult individual to make independent marital choices, emphasizing the need for protection against potential ill-treatment.

(A) Marriage Act - Marriage Certificate - The petitioner claims to be the husband of the corpus, relying on a Marriage Certificate issued by the Registrar of Marriage dated 13.02.2025 - The corpus, a well-educated individual, expressed her desire to reside with the petitioner despite parental objec Read more.

Gujarat - Habeas Corpus - The court affirmed the right of a major individual to choose their partner and emphasized the importance of personal liberty and safety in such decisions.

(A) Constitution of India - Article 21 - Writ of habeas corpus - Petition filed for the production of the corpus and custody - The corpus, a major, expressed her desire to be with the petitioner, her legally wedded husband, despite family opposition and safety concerns - The court recognized her au Read more.

Gujarat - Marriage and Divorce - The court affirmed the right of an individual to make independent decisions regarding marriage, emphasizing the importance of personal autonomy.

(A) Constitution of India - Article 226 - Writ of habeas corpus - Petition filed for production of missing person - Court interacted with the corpus, who expressed her independent decision to reside with her husband - Marriage registered with the Registrar of Marriage - No further orders required. Read more.

High Court Malaya Taiping - Divorce and Maintenance - The court emphasized that maintenance assessments must prioritize the means and needs of the parties, ensuring the child's welfare while considering the financial capabilities of both parents.

(A) Law Reform (Marriage and Divorce) Act 1976 - Sections 77, 78, 92, and 93 - Ancillary relief application - The Court granted RM800.00 monthly maintenance for the Petitioner Wife and RM2,000.00 for the child, considering the financial circumstances of both parties and the child's needs. (Paras 9, Read more.

Karnataka - Domestic Violence - The court upheld the trial Court's order granting maintenance and compensation to the wife, confirming that the absence of the husband in proceedings justified the ex-parte decision.

(A) Protection of Women from Domestic Violence Act, 2005 - Section 12 - Criminal Procedure Code, 1973 - Sections 397 and 401 - Maintenance and reliefs granted to wife - Petitioner challenged the trial Court's order granting maintenance of Rs.10,000/- per month and compensation of Rs.3,00,000/- - Re Read more.

Kerala - Divorce - Cruelty, both mental and physical, constitutes valid grounds for divorce under the Dissolution of Muslim Marriage Act, 1939, as established by the court.

(A) Dissolution of Muslim Marriage Act, 1939 - Section 2(viii)(a) - Cruelty as a ground for divorce - The Family Court granted a decree of dissolution of marriage on the grounds of cruelty, including mental and physical abuse, and misappropriation of property. (Paras 11, 14, 16) (B) Definition of c Read more.

Madras - Maintenance - A husband is responsible for the interim maintenance of his wife and minor child, especially when medical needs are involved, and the court can modify maintenance amounts based on income.

(A) Family Law - Interim Maintenance - The trial Court granted interim maintenance of Rs.15,000/- to the wife and minor daughter pending divorce proceedings. The husband challenged this order citing financial constraints and the wife's alleged misconduct. The Court found that the husband is liable Read more.

Punjab and Haryana - Matrimonial Disputes - Transfer applications in matrimonial disputes consider convenience but are not solely determined by it.

The court analyzed the transfer application under Section 13-A of the Hindu Marriage Act, where the applicant sought to transfer a petition pending in Family Court. The court noted the applicant's circumstances, including her lack of income and custody of a minor child, but emphasized that convenie Read more.

Kerala - Organ Donation - The court emphasized the necessity for independent decision-making by authorities in organ donation cases, mandating clear reasoning for rejections to uphold the right to life and health.

(A) Transplantation of Human Organs and Tissues Act, 1994 - Section 9 - Transplantation of Human Organs and Tissues Rules, 2014 - The petitioners sought permission for liver donation; the 2nd respondent rejected the application citing lack of clarity on altruism. The court found the rejection arbit Read more.

Madras - Procedural Fairness - The State Human Rights Commission must provide a personal hearing in serious cases involving prominent individuals to ensure procedural fairness.

(A) Human Rights Act - Section 14 - State Human Rights Commission - The petitioner challenged the order of the State Human Rights Commission which closed his complaint without providing an opportunity for personal hearing regarding allegations of police misconduct during his arrest. The court found Read more.

Central Information Commission - Right to Information - Personal financial information is protected under the RTI Act unless a clear public interest is demonstrated, which was not established in this case.

(A) Right to Information Act, 2005 - Sections 7(1), 8(1)(d), 8(1)(j) - Denial of information sought by husband regarding wife's financial details - CPIO's failure to respond within 30 days violated RTI provisions - Information deemed personal and exempt under Section 8(1)(j) - Previous CIC decision Read more.

Bombay - Motor Vehicle Accidents - Amounts received under a mediclaim policy are not deductible from compensation under the Motor Vehicles Act, affirming the separation of contractual and statutory rights.

(A) Motor Vehicles Act, 1988 - Section 166 - Whether the amount received by a Claimant under a Mediclaim Policy is deductible from compensation payable under the head 'Medical Expenses' - The Full Bench concluded that such amounts should not be deducted, affirming the principle that insurance payou Read more.

Delhi - Trademark Law - Trademark registrations must be based on bona fide use; deceptive similarity can lead to cancellation of marks.

(A) Trade Marks Act, 1999 - Sections 9(1)(a), 9(2)(a), 11(1), 11(2), 11(3)(a), 11(4), 11(10), 12, 18(1), 18(4), and 32 - Rectification of trademark registrations - Petitioner sought removal of respondent's trademarks for being confusingly similar to its established mark ‘PURPLLE’ - The Read more.

Delhi - Patent Law - The court upheld the issuance of summons for a counter-claim despite delays, affirming the defendant's right to amend pleadings and seek document discovery.

(A) Indian Patents Act, 1970 - Counter-claim - The defendant filed a counter-claim seeking to declare two patents invalid and revoke them, which was contested by the plaintiff on grounds of maintainability due to the delay in filing - The court allowed the issuance of summons for the counter-claim Read more.

Delhi - Trademark Infringement - The court established that the plaintiff's established goodwill and the likelihood of consumer confusion justified granting an interim injunction against the defendant's use of an identical trademark.

(A) Commercial Courts Act, 2015 - Section 12A - Code of Civil Procedure, 1908 - Section 151 - Trade Marks Act, 1999 - Plaintiff seeks exemption from pre-litigation mediation and an ex parte ad interim injunction against the defendant for trademark infringement. The court exempted the plaintiff from Read more.

Delhi - Copyright - A suit for permanent injunction becomes infructuous when the defendants cease infringing activities following a legal notice, demonstrating compliance with copyright laws.

(A) Copyright Act, 1957 - Section 57 - Permanent injunction sought against defendants for infringing copyright of musical works of Late Sh. Narinder Chanchal - Defendants ceased use of social media pages after legal notice - Court finds suit infructuous as defendants undertook to stop activities - Read more.

Delhi - Disciplinary Proceedings - Procedural fairness is essential in disciplinary proceedings, and lapses in providing a fair hearing can lead to reinstatement and back wages.

(A) Industrial Disputes Act, 1947 - Section 11A - Labour Court's authority to reinstate employee - The appellant challenged the Labour Court's award for reinstatement and back wages, arguing procedural lapses during the enquiry. The Labour Court found that the respondent was not given adequate oppo Read more.

Kerala - Industrial Disputes - The Conciliation Officer lacks jurisdiction to initiate proceedings for disputes involving non-workmen, as defined under the Industrial Disputes Act, 1947.

(A) Industrial Disputes Act, 1947 - Sections 2(k), 2(s), 4, 12, and 22 - Jurisdiction of Conciliation Officer - The petitioner, a Trade Union representing officers of a bank, challenged the jurisdiction of the Conciliation Officer under Section 22 regarding disputes with the bank, asserting that of Read more.

Allahabad - Rehabilitation and Resettlement - The competent authority under the National Highways Act, 1956 is responsible for declaring rehabilitation and resettlement awards, not the district Collector, as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 3(c), 23, 31, 34, 35, and 36 - National Highways Act, 1956 - Sections 3(a) and 3G - Petitioners sought rehabilitation and resettlement award post land acquisition - Court direct Read more.

Supreme Court - Compensation Determination - The theory of deduction does not apply under the Acquisition Act, 2013; compensation must be based on the highest market value as per the Stamp Act.

(A) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 26 and 27 - Applicability of the theory of deduction in compensation determination - The court held that the theory of deduction does not apply under the Acquisition Act, 20 Read more.

Andhra Pradesh - Landless Poor Status - The location of land within municipal limits is irrelevant for determining landless status; the authority must assess land possession and income according to statutory criteria.

(A) Land Reforms Act - Explanation to Section 82 - Cancellation of certificate recognizing petitioner as landless poor person - The petitioner was recognized as landless poor but faced cancellation of the certificate based on income assessment and land location - The court found that the location o Read more.

Bombay - Consolidation of Holdings - Delay in filing an appeal against consolidation orders must be satisfactorily explained; otherwise, the order is invalid due to lack of jurisdiction.

(A) Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 - Section 32(1) - Maharashtra Land Revenue Code - Section 247 - Appeal against consolidation order - Petitioners challenged the order dated 29/06/2018, claiming it was issued without jurisdiction due to delay in filing a Read more.

Himachal Pradesh - Land Acquisition - The State must initiate land acquisition proceedings and provide just compensation for land used for public purposes, adhering to established legal precedents.

(A) Land Acquisition Act - Section not specified - Land utilized for public purpose - Petition allowed directing State to initiate acquisition proceedings for land utilized for road construction and to pay just compensation - Court emphasized the need for expeditious action and adherence to legal p Read more.

Kerala - Land Use and Zoning - The Revenue Divisional Officer must independently assess land status for removal from the data bank, considering its suitability for paddy cultivation as per judicial precedents.

(A) Kerala Land Utilization Act, 2008 - The petitioner challenged the rejection of her request to remove property from the data bank, asserting it is not suitable for paddy cultivation and is incorrectly classified as 'wet land'. The 5th respondent contended the property was included as paddy land Read more.

High Court Malaya Ipoh - Ophthalmology - The standard of care in medical negligence requires adherence to accepted medical practices, and failure to perform necessary diagnostic tests constitutes negligence.

(A) Medical Negligence - Standard of Care - The Bolam Test - The defendant, an ophthalmologist, failed to meet the standard of care expected in diagnosing and treating a penetrating eye injury, resulting in the plaintiff suffering from endophthalmitis and loss of vision. The court emphasized that a Read more.

Chhattisgarh - Compensation Assessment - Compensation for death in a motor accident must consider actual income, future prospects, and deductions for dependents, as established by legal precedents.

(A) Motor Vehicles Act, 1988 - Section 166 - Compensation for death in accident - Award of Rs. 5,54,000/- by Claims Tribunal modified to Rs. 9,15,376/- with interest @ 9% p.a. - Deceased was 55 years old, earning member, and income assessed at Rs. 8,320/- per month based on Minimum Wages Act - Trib Read more.

Chhattisgarh - Compensation Assessment - Compensation for injuries must reflect the severity of injuries and loss of income, with minimum wage standards applied for calculation.

(A) Motor Vehicles Act, 1988 - Section 166 - Compensation for injuries sustained in a motor vehicle accident - Claims Tribunal awarded ₹ 1,04,130/- which was found inadequate - Appellant suffered serious injuries including internal head injuries and rib fractures, leading to permanent disability - Read more.

Madras - Compensation Enhancement - The court established that future prospects must be included in compensation calculations, and personal expenses for a bachelor should be deducted at 50%.

(A) Motor Vehicles Act, 1988 - Compensation for fatal accident - The Tribunal awarded Rs.22,41,000/- which was enhanced to Rs.25,61,000/- by the Court, considering future prospects and personal expenses - The deceased was a Lecturer earning Rs.50,000/- per month, but Tribunal fixed income at Rs.16, Read more.

Andhra Pradesh - Negligence and Compensation - Claimants failed to establish negligence of the lorry driver, resulting in dismissal of compensation claim under section 166 of the Motor Vehicles Act.

(A) Motor Vehicles Act, 1988 - Sections 140, 141, and 166 - Appeal against dismissal of compensation claim - Claimants alleged negligence of lorry driver in fatal accident; however, evidence established deceased's own negligence - Tribunal awarded Rs.4,66,000/- but dismissed claim due to lack of fa Read more.

Andhra Pradesh - Compensation Claims - The court increased the compensation amount due to inadequate assessment of the deceased's services and additional compensation for loss of estate and parental consortium.

(A) Motor Vehicles Act, 1988 - Section 173 - Appeal against compensation award - The Tribunal awarded Rs.1,30,000/- with interest @ 7.5% p.a. for death in an accident caused by negligent driving - Claimants sought Rs.5,00,000/- - The Tribunal found both drivers responsible, apportioning liability 5 Read more.

Chhattisgarh - Compensation Claims - Compensation for child fatalities must reflect emotional loss and economic realities, emphasizing that loss cannot be equated to monetary terms.

(A) Motor Vehicles Act, 1988 - Sections 166 and 173 - Claimants' appeal for enhancement of compensation awarded by the Tribunal - The Tribunal awarded Rs.2,45,000/- for the death of a child due to negligent driving, which was deemed insufficient - The court emphasized that loss of a child cannot be Read more.

Chhattisgarh - Compensation Claims - The court emphasized accurate income assessment for compensation based on evidence and prevailing wage rates, modifying the Claims Tribunal's award to reflect a total of Rs. 14,18,500/-.

(A) Motor Vehicles Act, 1988 - Section 166 - Compensation for death in motor accident - Claims Tribunal awarded Rs. 10,75,500/-; appeal sought higher compensation based on deceased's income - Deceased was a vegetable vendor and laborer, earning Rs. 10,000/- monthly - Tribunal assessed income at Rs. Read more.

Chhattisgarh - Compensation Claims - The court emphasized the necessity of evidence for income claims and applied the multiplier method for calculating future loss of income, enhancing the compensation awarded.

(A) Motor Vehicles Act, 1988 - Section 173 - Claim for compensation - Appeal against award of Rs. 8,36,900/- with interest @ 6% p.a. - Claimant suffered grievous injuries in an accident caused by a vehicle driven negligently - Tribunal assessed income at Rs. 4,500/- p.m. instead of claimed Rs. 16,0 Read more.

Karnataka - Compensation Claims - The court established that the insurer is liable to pay compensation for an accident involving a minor rider without a valid license, following binding precedent.

(A) Motor Vehicles Act, 1988 - Sections 166 and 168 - Appeal for enhancement of compensation - Claimants sought enhancement of compensation awarded by the Tribunal for the death of the deceased due to negligent riding of a motorcycle - Tribunal awarded Rs.6,29,200/-; claimants contended inadequacy Read more.

Karnataka - Compensation Claims - The court established that for a married woman, 1/3rd of income should be deducted for personal expenses, and future prospects of 25% should be added for those aged around 50, leading to enhanced compensation.

(A) Motor Vehicles Act, 1988 - Sections 166 and 168 - Appeal for enhancement of compensation - Claimants sought Rs.25,00,000/- for the death of Smt. Vandana due to negligent driving of a bus - Tribunal awarded Rs.7,72,000/- based on assessed income of Rs.9,000/- and deductions for personal expenses Read more.

Madras - Compensation Claims - The court affirmed the principle of contributory negligence, attributing 20% liability to the deceased's vehicle for carrying excess passengers while primarily holding the lorry driver responsible for the accident.

(A) Motor Vehicles Act - Sections 147 and 149 - Civil Miscellaneous Appeals against the order of the Motor Accident Claims Tribunal regarding compensation for deaths in a road accident - The Tribunal awarded compensation of Rs.6,00,000/- for one deceased, Rs.43,00,600/- for another, and Rs.6,34,800 Read more.

Punjab and Haryana - Accident Claims - The court upheld the Tribunal's compensation award, affirming the credibility of eyewitness testimony linking the offending vehicle to the accident despite challenges regarding evidence.

(A) Motor Vehicles Act, 1988 - Sections 166 and 140 - Appeal against the award of compensation following a motor vehicle accident - The Tribunal awarded Rs.15,14,000/- to the parents of the deceased, establishing negligence of the offending vehicle's driver. (Paras 1, 2, 7, 12) (B) Evidence - Eyewi Read more.

Central Administrative Tribunal - Family Pension - Customary divorce is valid under Hindu Marriage Act, but dependency on the deceased parent is essential for family pension eligibility.

(A) Administrative Tribunal Act, 1985 - Section 19 - Family Pension - Applicant, a divorced daughter of a deceased railway employee, sought family pension denied by the respondents based on customary divorce not authenticated by a court - The applicant argued entitlement under CCS (Pension) Rules, Read more.

Gujarat - Pension Computation - Prior service can only be counted for qualifying service under the pension scheme, not for pension fixation, as per the Government Resolution dated 15.10.1984.

(A) Letters Patent, 1865 - Clause 15 - Pension Scheme - The court addressed the legality of the State's decision not to consider prior service for pension computation, declaring it illegal and imposing costs on the State for acting without authority. The court directed compliance with previous judg Read more.

Kerala - Motor Vehicle Accident - Compensation for accident injuries must be based on actual income without unjust deductions, and the correct multiplier reflecting the claimant's age should be applied.

(A) Motor Vehicles Act, 1988 - Sections 166 and 168 - Claim for compensation due to accident - The claimant, a Supervisor, sustained injuries in an accident caused by a negligent driver - Tribunal awarded insufficient compensation, leading to appeal - Monthly income fixed at Rs.13,000/- based on Sa Read more.

Delhi - Will Validation - The validity of a Will requires clear evidence of revocation of prior Wills and the testator's mental fitness at execution; suspicious circumstances must be adequately addressed.

(A) Code of Civil Procedure, 1908 - Order XLIII, Section 104 - Indian Succession Act, 1925 - Section 299 - Appeals against dismissal of Probate Petition for second Will - Probate Court held first Will as genuine and final due to lack of evidence for second Will's revocation - Second Will did not sp Read more.

Allahabad - Possession Disputes - The court established that possession under Section 145 Cr.P.C. must be determined based on the situation at the time of the preliminary order, and subsequent possession does not alter this determination.

(A) Code of Criminal Procedure, 1973 - Sections 145 and 146 - Dispute over possession of property - The petitioner challenged the orders dated 04.03.2024 and 28.09.2024, asserting that the earlier orders were ignored and the petitioner was in possession prior to the attachment - The court found tha Read more.

Allahabad - Land Inheritance - The petitioner failed to establish his claim of inheritance over the disputed land due to lack of evidence and failure to challenge prior orders vesting the land in the State.

(A) U.P. Zamindar Abolition & Land Reforms Act, 1950 - Section 171 - U.P. Consolidation of Holdings Act, 1953 - Sections 9-A(2), 11(1) - Dispute over inheritance of land - Petitioner claimed rights as nephew of deceased landowner but failed to establish relationship and challenge prior orders vesti Read more.

Allahabad - Land Rights - The court upheld the rights of agricultural laborers under Section 122-B(4-F) of the U.P. Zamindari Act, ruling that the disputed plots were not acquired by the State, thus confirming their status as Bhumidhars.

(A) U.P. Zamindari Abolition and Land Reforms Act, 1950 - Sections 117(6) and 122-B(4-F) - Legality of Board of Revenue's order regarding land resumption and rights of agricultural laborers - The court found that the disputed plots had not been acquired by the State and thus could not be resumed un Read more.

Allahabad - Land Revenue - The court established that revenue entries must be corrected following the abatement of prior proceedings, regardless of the section under which the application was made.

(A) Uttar Pradesh Revenue Code, 2006 - Sections 31, 32, 34 - Urban Land (Ceiling and Regulation) Act, 1976 - Section 10(3) - Writ petition for quashing order rejecting application to record trust's name in revenue records - The court held that the earlier ceiling proceedings abated under the Repeal Read more.

Andhra Pradesh - Land Ownership Disputes - The court emphasized the necessity of exhausting alternative remedies before filing a writ petition under Article 226 of the Constitution.

(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioners sought to declare the action of the 3rd respondent as illegal and arbitrary regarding land ownership - Petitioners are absolute owners of land acquired by inheritance and partitioned among themselves - Respondent Nos. 5 and 6 Read more.

Andhra Pradesh - Land Survey and Demarcation - The court emphasized the necessity for petitioners to submit a proper application and pay requisite fees for land survey, ensuring compliance with administrative procedures.

(A) Constitution of India - Articles 14, 21, and 300-A - Writ of Mandamus - Petitioners sought survey and demarcation of their land, claiming inaction by respondents as illegal and arbitrary - Court directed petitioners to submit F-line application for survey and demarcation, ensuring compliance wi Read more.

Andhra Pradesh - Land Disputes - Writ petitions under Article 226 are not maintainable for disputes that fall under the jurisdiction of specialized tribunals, necessitating petitioners to seek remedies through the appropriate statutory channels.

(A) Constitution of India - Article 226 - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Writ petition challenging public auction of land - Petitioner claims possession based on Budhan Patta and alleges illegal auction without notice - Respondent denies posses Read more.

Andhra Pradesh - Gift and Revocation - A registered gift deed cannot be revoked unilaterally without a court order, and revocation after 30 years is void.

(A) Transfer of Property Act - Section 126 - Code of Civil Procedure - Section 100 - Second appeal against concurrent findings of fact regarding the validity of a revocation deed - The plaintiff sought to cancel a revocation deed executed by the defendant, claiming it was illegal and unenforceable. Read more.

Andhra Pradesh - Trusts and Endowments - The court upheld the recognition of the 5th respondent's family as hereditary trustees of the temple, dismissing the petitioner's claim due to lack of evidence and prior dismissal of his petition.

(A) Constitution of India - Article 226 - Writ petition challenging the recognition of a member of the founder's family of a temple as illegal - The petitioner claims hereditary rights based on historical family ties and management of the temple, while the respondent cites a prior dismissal of the Read more.

Bombay - Land Acquisition - Subsequent purchasers of land cannot challenge acquisition proceedings if the purchase occurred after the Notification under Section 4, as such sales are void against the State.

(A) Land Acquisition Act, 1894 - Sections 4, 6, 11, and 11A - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Subsequent purchasers of land cannot challenge acquisition proceedings if purchase occurred post-Notification under Section 4 - Read more.

Bombay - Tenancy and Land Rights - Sale deeds executed without prior permission under Section 50-B of the Hyderabad Tenancy Act are invalid and cannot be regularized post facto.

(A) Hyderabad Tenancy and Agricultural Lands Act, 1950 - Section 50-B - Maharashtra Land Revenue Code, 1966 - Sections 257 and 249 - Challenge to the order of the Minister of Revenue regarding the regularization of a sale deed executed without prior permission - Sale deed declared invalid due to co Read more.

Debt Recovery Appellate Tribunal - Tenancy Rights - A tenancy created after a mortgage must comply with statutory requirements to be enforceable against secured creditors, particularly under Section 65(A) of the Transfer of Property Act.

(A) SARFAESI Act - Section 18 - Transfer of Property Act - Section 65(A) - Appeal against dismissal of securitization application - Appellant claimed protection as a tenant under a rent agreement executed prior to demand notice - Court found that the rent agreement was created to defeat the bank's Read more.

Debt Recovery Appellate Tribunal - Tenancy Rights - A tenancy created after a mortgage but before a demand notice must satisfy Section 65(A) of the Transfer of Property Act to be valid against secured creditors.

(A) SARFAESI Act - Section 18 - Transfer of Property Act - Section 65(A) - Appeal against dismissal of securitization application - Appellant claimed protection as a tenant under a registered rent agreement - Court found that the rent agreement was created to defeat the bank's rights and did not sa Read more.

Delhi - Interim Relief - The court allowed bona fide purchasers to deal with property free from litigation constraints, emphasizing interim arrangements and payment obligations.

(A) Transfer of Property Act, 1882 - Section 52 - Interim arrangements regarding property - Defendant no. 1 disclosed sale consideration of Rs. 4.5 crores for property purchase and undertook to pay Rs. 50,000/- monthly to the plaintiff, with arrears to be settled - Suit property released from Secti Read more.

Delhi - Taxation - Tenants cannot be compelled to pay property tax for the entire property; tax must be allocated based on the area occupied.

(A) New Delhi Municipal Council Act, 1994 - Section 100(1) - Demand notice issued for property tax - Petitioners, tenants of a small portion of property, challenge demand for entire property tax - Petitioners have paid a portion of tax and seek allocation based on their occupancy area. (Paras 1-5) Read more.

Delhi - Land Ownership and Unauthorized Construction - The court directed the Municipal Corporation to take action against unauthorized construction while refraining from adjudicating ownership disputes.

(A) Municipal Corporation Act - Unauthorized construction - Writ petition filed for directions to demolish illegal encroachment on property - Petitioner claims ownership through deceased father - Respondent contends property belongs to them, citing age discrepancies and historical bills - Court not Read more.

Delhi - Unauthorized Construction - The court directed the Municipal Corporation to take action against unauthorized construction while refraining from intervening in private ownership disputes.

(A) Municipal Corporation Act - Unauthorized construction - Writ petition filed for directing demolition of unauthorized construction on property owned by petitioner - Respondent claiming ownership and pending civil dispute noted - MCD directed to take action against unauthorized construction in ac Read more.

Delhi - Land Use - The Municipal Corporation cannot process a conversion application for property use that violates a prior court order prohibiting such change.

(A) Municipal Corporation Act - Property conversion - The petition seeks to restrain the conversion of a residential property to commercial use for a jewellery showroom, citing a prior court order prohibiting such change. The court noted that the Municipal Corporation of Delhi (MCD) cannot grant co Read more.

Delhi - Eviction Proceedings - The court emphasized the importance of the petitioner's undertaking to vacate the premises and the conditions for staying the execution of the eviction order.

(A) Delhi Rent Control Act, 1958 - Section 25-B(8) - Revision petition against eviction order - The petitioner sought to challenge the eviction order passed by the Rent Controller, which dismissed the leave to defend application - The respondent agreed to a three-month period for the petitioner to Read more.

Gujarat - Real Estate Development - The amended rules of the Gujarat Ownership Flats Act do not apply retrospectively, and members who participated in redevelopment cannot later object on procedural grounds.

(A) Gujarat Ownership Flats Act, 1973 - Section 41A - Appeal against order allowing redevelopment of society - Society had 89% consent for redevelopment, but appellants objected citing non-compliance with amended rules - Court found that the redevelopment process began before the rules were notifie Read more.

Gujarat - Landlord-Tenant Disputes - The court affirmed that a landlord can evict a tenant if the tenant has acquired suitable alternative accommodation, as established under Section 13(1)(l) of the Rent Act.

(A) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 29(2) and Section 13(1)(l) - Civil Revision Application against eviction decree - The plaintiff proved that the original tenant acquired suitable accommodation, justifying eviction - The courts below found no material irreg Read more.

Jammu and Kashmir - Inheritance and Succession - The court affirmed that property distribution must adhere to legal procedures, emphasizing the necessity of proper documentation in mutation attestations.

(A) Constitution of India - Article 226 - Writ of Certiorari - Challenge to orders of Deputy Commissioner and Joint Financial Commissioner regarding land mutation - The petitioner sought to quash orders that set aside a mutation favoring him and another, citing incompetence of the officer and lack Read more.

Karnataka - Adverse Possession - The court ruled that defendants failed to establish adverse possession, emphasizing the need for proof of possession against the true owner for over 12 years.

(A) Code of Civil Procedure, 1908 - Section 100 - Adverse possession - The plaintiff challenged the dismissal of his suit for declaration and injunction regarding land ownership, asserting that the defendants encroached upon his property. The trial court and first appellate court accepted the defen Read more.

Karnataka - Land Grants - The principle of delay and laches precludes restoration of land under the PTCL Act after an unreasonable delay in seeking relief.

(A) Karnataka Scheduled Castes And Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 4 - Writ petition seeking to quash orders restoring land to original grantee after 16 years - The provisions of the PTCL Act apply to the granted land, and delay in action affects the Read more.

Kerala - Landlord-Tenant Disputes - The tenant bears the burden of proving the availability of alternative accommodation to challenge a landlord's bona fide need for eviction under the Kerala Buildings (Lease and Rent Control) Act.

(A) Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 11(2)(b) and 11(3) - Eviction petition filed by landlord for bona fide requirement and arrears of rent. Rent Control Court initially allowed eviction under Section 11(2)(b) only. Appellate Authority later found entitlement under bot Read more.

Kerala - Lease Agreements - Disputes involving state instrumentalities should be resolved amicably through mediation, emphasizing cooperation among government entities.

(A) Kerala Land Assignment Act - Lease agreements - Writ petition filed by a cooperative society for extension of lease on government land initially granted in 1967, which expired in 1996 - Petitioner contends that no decision was made on the application for extension and seeks to quash eviction no Read more.

Kerala - Eviction Proceedings - The Estate Officer must provide a hearing and consider all contentions before issuing an eviction order under the Kerala Public Buildings Act.

(A) Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 - Section 4 and Section 5 - Writ petition challenging eviction order - Petitioner contended that the Estate Officer lacked authority and failed to provide a hearing before eviction - Court found that the Estate Officer did n Read more.

Kerala - Land Rights - The court emphasized the need to address complaints regarding temple land classification alongside pending writ petitions to ensure proper legal protection.

(A) Devaswom Act - The complaint pertains to the protection of temple land transferred by the Travancore Royal family as per proclamation dated 12.04.1922 - The District Collector's assertion that the land is revenue puramboke was contested by the Temple Advisory Committee, leading to an appeal tha Read more.

Kerala - Landlord-Tenant Law - The court upheld the eviction order, confirming the landlords' bona fide need for possession and rejecting the tenant's claim for permanent tenancy under the Kerala Buildings (Lease and Rent Control) Act.

(A) Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 11(3) - Eviction of tenant - Tenant challenged eviction order based on alleged bogus transfer of property - Court found no bona fide claim for permanent tenancy and upheld landlord's bona fide need for possession. (Paras 1, 6, 9) (B) Read more.

Kerala - Land Revenue - Tax receipts should not include adverse endorsements regarding pending civil cases unless mandated by a court order.

(A) Land Revenue Act - Tax receipt issuance - The petitioner, a senior citizen, sought to remit land tax without an endorsement regarding pending cases. The court found no legal basis for such endorsement, as tax had been accepted previously without issue. (Paras 2-5) (B) Judicial Precedent - The c Read more.

Kerala - Writ Petition - The court held that a sale deed indicating fragmentation prior to a cut-off date exempts the petitioners from paying a fee for property description changes.

(A) Property Law - Sale Deed - Fragmentation - The petitioners purchased property in 2007 and sought a change in description after the cut-off date of 30.12.2017, claiming no fee was due due to prior fragmentation. The court found that the sale deed evidenced fragmentation, thus exempting the petit Read more.

Kerala - Valuation Disputes - The court emphasized the need for the District Collector to reconsider fair value fixation based on updated evidence and proper hearings.

(A) Relevant laws and sections not explicitly cited in the judgment - The court addressed the issue of fair value fixation for properties held by petitioners. (B) Legal principles discussed include the necessity for proper consideration of evidence and reports in determining fair value. (C) Importa Read more.

Madras - Adverse Possession - A claim of adverse possession must be clearly established and cannot contradict other claims of title; failure to do so results in dismissal of the suit.

(A) Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 - The plaintiff claimed title by adverse possession over property originally belonging to his father, but failed to establish continuous possession or title. (Paras 8, 10, 20) (B) Adverse Possession - The court emphasized tha Read more.

Madras - Land Acquisition - Petitioners lack legal grounds to compel reconveyance of land acquired under statutory procedures for public use, as determined by expert recommendations.

(A) Tamil Nadu State Highways Act, 2001 - Sections 15(1) and 15(2) - Writ of Mandamus sought for reconveying acquired land - Petitioners claimed their rights over land acquired for road expansion, but the court found no legal basis for reconveyance - The acquisition followed due process as per the Read more.

Madras - Land Acquisition - Possession must be established for declaring acquisition proceedings lapsed; if possession is not with the petitioners, their claim for re-conveyance fails.

(A) Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Writ petitions challenging acquisition proceedings - Petitioners sought restoration of possession of property and declaration of acquisition as lapsed due to non-payment of compensation an Read more.

Madras - Land Acquisition - Land acquisition proceedings lapse if compensation is not tendered and possession is not taken, as mandated by law.

(A) Land Acquisition Act, 1894 - Section 4(1) and Section 12(2) - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Petitioners sought declaration of land acquisition proceedings as lapsed due to non-payment of compensation Read more.

Punjab and Haryana - Co-ownership and Possession - A co-owner's possession of joint property is deemed possession for all, and exclusive possession must be proven to restrict others' rights.

(A) Specific Relief Act, 1963 - Section 41 - Permanent injunction - The plaintiff sought a decree of permanent injunction against co-sharer alleging unauthorized construction by defendant on joint property - Trial Court dismissed the suit, but the First Appellate Court decreed it, finding defendant Read more.

Supreme Court - Land Acquisition - The court affirmed the Tamil Nadu Housing Board's ownership of land and upheld the rights of flat buyers, rejecting the appellant's claims based on invalid Patta documents.

(A) Land Acquisition Act - Sections related to compensation and ownership - The court upheld the High Court's findings regarding the acquisition of land by the Tamil Nadu Housing Board, clarifying the correct area of land as 4.95 acres and addressing the validity of various Patta documents. (Paras Read more.

Andhra Pradesh - Entertainment Law - Public Interest Litigations must serve genuine public interest and not be filed for oblique motives; enhancement of ticket prices deemed moot as shows had already been telecast.

(A) Constitution of India - Article 226 - Public Interest Litigation - Enhancement of ticket prices for film 'Sankranthiki Vasthunam' challenged as illegal and arbitrary - Petitioner contended violation of G.O.Ms.No.13 dated 07.03.2022 and interim stay in W.P.No.7094 of 2022 - Court found no merit Read more.

Delhi - Urban Development - The court affirmed the necessity for the Municipal Corporation to enforce building regulations and effectively address unauthorized constructions under the Delhi Municipal Corporation Act.

(A) Delhi Municipal Corporation Act, 1957 - Sections 345-A and 475 - Public Interest Litigation concerning unauthorized constructions - Court directed the Municipal Corporation of Delhi to complete demolition of unauthorized structures and ensure regular patrolling to prevent further violations - C Read more.

Delhi - Urban Development - The court mandated the Municipal Corporation to implement effective demolition and sealing of unauthorized constructions, emphasizing the police's duty to assist in enforcement.

(A) Delhi Municipal Corporation Act, 1957 - Sections 345-A and 475 - Public Interest Litigation concerning unauthorized constructions - Court directed the Municipal Corporation of Delhi to complete demolition of unauthorized structures and ensure regular patrolling to prevent further violations - C Read more.

Central Electricity Regulatory Commission - Tariff Determination - The Commission approved the trued-up fees and charges for the 2019-24 period and determined the fees for the 2024-29 period, emphasizing the need for actual expense submissions for future tariff periods.

(A) Electricity Act, 2003 - Section 28(4) - Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 and 2024 - Petition for approval of truing up of fees and charges for the 2019-24 period and determination for the 2024-29 period - Petitioner sought approval for Read more.

Central Electricity Regulatory Commission - Electricity Tariff - The Commission affirmed the methodology for tariff determination for communication systems, allowing O&M expenses and IWC while ensuring prudence checks on claimed expenses.

(A) Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 and 2024 - Petition for truing-up of transmission tariff for 2019-24 and determination for 2024-29 - Petitioner sought approval for trued-up tariff, reimbursement of expenses, and separate billing for v Read more.

Central Electricity Regulatory Commission - Electricity Tariff - The Commission affirmed the necessity of prudence checks in tariff determination, allowing adjustments for capital costs, Return on Equity, and operational expenses under the applicable regulations.

(A) Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 and 2024 - Petition for truing up of transmission tariff for 2019-24 and determination for 2024-29 - Petitioner sought approval for trued-up tariff, recovery of shortfall, reimbursement of expenses, and Read more.

Central Electricity Regulatory Commission - Electricity - The court affirmed the approval of Performance Linked Incentive for NLDC and RLDCs based on Key Performance Indicators as per the Electricity Act and relevant regulations.

(A) Electricity Act, 2003 - Section 28(4) - Central Electricity Regulatory Commission (Fees & Charges of Regional Load Despatch Centre and other related matters) Regulations, 2019 - Regulation 32 - Approval of Performance Linked Incentive (PLI) for NLDC and RLDCs for FY 2022-23 - Petitioner seeks a Read more.

Central Electricity Regulatory Commission - Tariff Determination - The Commission approved the trued-up fees and charges for the 2019-24 tariff period and determined the fees and charges for the 2024-29 period under the applicable regulations.

(A) Electricity Act, 2003 - Section 28(4) - Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023 - Regulation 15(1)(a), Regulation 23, Regulation 94(1), Regulation 94(3) and (4) - Petition for truing-up of fees and charges for the 2019-24 tariff period and determination Read more.

Central Electricity Regulatory Commission - Tariff Determination - The Commission approved the trued-up transmission tariff and capital cost for the 2019-24 period, ensuring compliance with relevant regulations and allowing for reimbursement of certain expenses.

(A) Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 and 2024 - Petition for truing-up of transmission tariff for the 2019-24 period and determination for 2024-29 period - Petitioner sought approval for trued-up transmission tariff and reimbursement of ex Read more.

Central Electricity Regulatory Commission - Electricity Tariff - The Commission approved the trued-up Annual Fixed Charges for the 2019-24 tariff period and determined the charges for 2024-29, emphasizing prudence checks and compliance with tariff regulations.

(A) Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 and 2024 - Petition for truing up of transmission tariff for 2019-24 and determination for 2024-29 - Petitioner sought approval for various tariff adjustments and reimbursements - The Commission allowed Read more.

Central Electricity Regulatory Commission - Tariff Determination - The Commission affirmed the necessity of adhering to tariff regulations for calculating transmission charges, ensuring transparency in cost recovery and compliance with regulatory provisions.

(A) Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 and 2024 - Truing-up of transmission tariff for the 2019-24 period and determination for the 2024-29 period - Petition filed by Power Grid Corporation of India Limited for approval of transmission tarif Read more.

Madras - Banking Regulation - Regulatory measures must adhere to the principle of proportionality, especially when imposing burdens on smaller entities, ensuring that they do not violate constitutional rights.

(A) Reserve Bank of India Act, 1934 - Section 45-IA - Circular dated 22.10.2021 increasing net owned fund requirement for NBFCs - Petitioner, representing NBFCs not accepting deposits, challenges the circular as disproportionate and violating Article 14 of the Constitution - Court notes urgency and Read more.

Kerala - Temple Administration - A writ of mandamus requires the existence of a legal right and a statutory duty, which the petitioner failed to demonstrate, leading to the dismissal of the petition.

(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 3, 15A, 31, 31A - Writ petition for mandamus to allow traditional activities in temple - Petitioner claimed hereditary right to make Pachapanthal, which was denied - Court held that no hereditary right established and such issu Read more.

Andhra Pradesh - Disciplinary Action - Termination of service under Rule 17(a)(ii) of A.P. State and Subordinate Service Rules is justified for unauthorized absence, emphasizing the need for due process and consideration of employee conduct.

(A) Constitution of India - Article 226 - Writ of Mandamus - Termination of service - The petitioner challenged the termination proceedings as illegal and arbitrary, claiming violation of natural justice principles. The court found the termination justified under Rule 17(a)(ii) of A.P. State and Su Read more.

Himachal Pradesh - Retiral Benefits - Retiral benefits must be paid timely with applicable interest for delays.

The petitioner, a retired employee of HRTC, sought remaining retiral benefits with interest due to delays. The court referenced prior judgments mandating timely payment of such benefits and clarified that the respondents must pay all dues, including gratuity and pension, within six months, with int Read more.

Tripura - Pension and Gratuity - Recovery of excess payments from retired employees is impermissible without due process, and the principle of natural justice mandates an opportunity to be heard before adverse actions.

(A) Constitution of India - Article 226 - Service matters - The petitioner, a retired employee, challenged the reduction of his last basic pay and withholding of gratuity based on alleged erroneous pay fixation by the Accountant General. The court held that the recovery of excess payment post-retir Read more.

Delhi - Regulatory Compliance - Compliance with the National Sports Development Code is essential for maintaining recognition as a National Sports Federation.

(A) National Sports Development Code, 2011 - Non-compliance with the sports code by the All India Chess Federation (AICF) regarding the election of its Treasurer - The petitioner seeks suspension of AICF's recognition as a National Sports Federation due to alleged violations. (Paras 1-5) (B) Compli Read more.

Delhi - Regulatory Compliance - Compliance with the National Sports Development Code is mandatory for National Sports Federations, and failure to adhere to court orders will not be tolerated.

(A) National Sports Development Code, 2011 - Non-compliance with the sports code by All India Chess Federation (AICF) regarding election of Treasurer - Allegations of violation of cooling-off period by respondent no. 5 - Court required affidavits from respondents to clarify compliance with the spor Read more.

Delhi - Selection Trials - The court affirmed that a National Sports Federation must ensure fair selection processes, recognizing prior achievements as sufficient for qualification without additional trials.

(A) Sports Development Act - National Sports Federation's authority to conduct selection trials - The appellant, a National Sports Federation, was restrained from conducting selection trials for the World Games 2025, as the respondent had already qualified based on previous performance - The court Read more.

Delhi - Issuance of Succession Certificate - Legal heirs are entitled to equal shares in the estate of deceased individuals, and funds must be released subject to compliance with formalities.

(A) Succession Act, 1925 - Section 372 - Legal heirs of deceased individuals - Petitioners, as legal heirs of deceased, sought succession certificate for fixed deposits and securities - Court granted succession certificate recognizing petitioners and another heir's equal shares in the estate. (Para Read more.

Allahabad - Goods and Services Tax - A taxpayer cannot be penalized for an administrative error made by the tax authority in processing payments.

(A) Goods and Services Tax Act, 2017 - Sections 39, 61, and 73 - Writ petition challenging orders regarding GST payment and penalty - Petitioner, head of Hindu Undivided Family, paid GST but was penalized due to NOIDA's error in tax head - Court found that NOIDA accepted the tax payment but deposit Read more.

Delhi - Income Tax - Notices issued under Section 148 of the Income Tax Act must comply with statutory limitation periods; failure to do so renders them invalid.

(A) Income Tax Act, 1961 - Sections 148 and 148A(b) - Notice issued under Section 148 challenged as being beyond the period of limitation - Supreme Court's directions in Union of India & Ors. v. Ashish Agarwal, (2023) 1 SCC 617, clarified the construction of such notices - The Assessing Officer fai Read more.

Delhi - Income Tax Assessment - The failure to provide a reasonable opportunity for a personal hearing constitutes a violation of natural justice, rendering the assessment order erroneous.

(A) Income Tax Act, 1961 - Sections 143(3), 144B, 156, and 270A - Assessment order challenged for the Assessment Year 2023-24 - Order passed in violation of natural justice principles and deemed ex facie erroneous due to insufficient time for personal hearing - Petitioner granted less than 24 hours Read more.

Delhi - Income Tax - The Sixth proviso to Section 153B of the Income Tax Act applies only to assessment years commencing on or after 01.04.2021, rendering proceedings for AY 2020-21 barred by limitation.

(A) Income Tax Act, 1961 - Section 142(2A) and Section 153B - Stay of proceedings for special audit - Petitioner contended that the notice for special audit was barred by limitation for AY 2020-21 - Respondent argued that proceedings were within time based on extensions provided under the Act - Cou Read more.

Karnataka - Income Tax - Notices issued under Section 148A(b) of the Income Tax Act must provide a minimum of seven days for response; failure to comply invalidates the notice and subsequent orders.

(A) Income Tax Act, 1961 - Sections 148A(b), 148A(d), 147, 144, and 272A(1)(d) - Quashing of notices and orders - Petitioner challenged notices issued under Section 148A(b) and subsequent orders for the assessment year 2018-19, arguing that the notice provided insufficient time contrary to the stat Read more.

Karnataka - Goods and Services Tax - The limitation period for filing an appeal under the GST Act commences upon communication of the order to the aggrieved party, not from the date of the order itself.

(A) Goods and Services Tax Act, 2017 - Sections 73(1) and 107(1) - Petition challenging the impugned Show Cause Notice and subsequent orders - The petitioner contended that the appeal was filed within the condonable period as the impugned order was communicated late - The Appellate Authority miscal Read more.

Kerala - Income Tax - The court clarified that the requirement to serve a draft assessment order applies only to 'eligible assessees' under the Income Tax Act, and failure to do so does not vitiate assessments against ordinary assessees.

(A) Income Tax Act, 1961 - Section 144B(1)(xvi) - Faceless assessment - The respondent, engaged in money lending, wrote off a significant loss due to alleged fraud, leading to a faceless assessment by the Income Tax Department. The assessment order was challenged on grounds of not receiving a draft Read more.

Kerala - Income Tax - The Tribunal's dismissal of the stay petition was perverse due to reliance on a vacated condition, emphasizing the need for adherence to statutory remedies against penalty orders.

(A) Income Tax Act, 1961 - Section 270A - Challenge to order of Income Tax Appellate Tribunal dismissing stay petition - The petitioner contested the dismissal of the stay petition due to non-deposit of 20% of the outstanding demand, which was vacated by the Division Bench - The Tribunal's dismissa Read more.

Bombay - Income Tax - The absence of reasons in administrative orders violates natural justice, necessitating adherence to fair play and the exhaustion of alternate remedies before judicial intervention.

(A) Income Tax Act, 1961 - Sections 139(9) and 44AB - The Petitioner challenged the order declaring its return invalid for non-filing of a compulsory audit report under Section 44AB, claiming that its gross receipts were below the threshold limit. The impugned order lacked reasoning and did not com Read more.

Delhi - Direct Tax - The court must determine if disputes regarding loss reduction or expenditure disallowance fall under the Direct Tax Vivad Se Vishwas Scheme, 2024.

(A) Direct Tax Vivad Se Vishwas Scheme, 2024 - Rule 9 - Rejection of declaration under the DTVSV Scheme on grounds of dispute not falling within purview of Rule 9 - The court examines whether the dispute relates to reduction of loss or unabsorbed depreciation under the Income Tax Act, 1961. (Paras Read more.

Delhi - Income Tax - The court mandated timely processing of income tax returns and issuance of refunds if due, emphasizing the need for adherence to statutory timelines.

(A) Income-tax Act, 1961 - Section 244A - Petitioner sought direction for processing income tax returns for Assessment Years 2013-14, 2014-15, and 2015-16, along with consequential refunds and statutory interest - Revenue acknowledged delay in processing returns - Court directed timely processing o Read more.

Delhi - Goods and Services Tax - The right to be heard is fundamental; proceedings are invalid if a party is not given an opportunity to respond to allegations.

(A) Central Goods and Services Tax Act, 2017 - Section 107 - Writ petition challenging notices and orders issued under the Act - Petitioner contended inability to view notices on the portal, precluding response - Court found merit in the claim of lack of notice, quashing the orders and remanding th Read more.

Karnataka - Goods and Services Tax - The court mandates reimbursement of GST amounts to contractors as per statutory obligations, emphasizing the duty of the State to act on representations made by the petitioners.

(A) Central Goods and Services Tax Act, 2017 - Section 13 - Petitioner seeks reimbursement of differential GST amounts and interest on tax dues - Court finds that the issue is covered by prior judgments and mandates reimbursement of GST amounts as per representations - Respondents directed to act w Read more.

Kerala - Value Added Tax - The original authority must conduct de novo proceedings without being influenced by the Appellate Tribunal's observations regarding document genuineness and quantity discrepancies.

(A) Kerala Value Added Tax Act - The order of the Kerala Value Added Tax Appellate Tribunal was challenged regarding the imposition of a penalty on the petitioner for alleged tax evasion due to discrepancies in documentation and quantity of goods. (Paras 2-4) (B) Appellate Authority - The Tribunal' Read more.

Kerala - Sales Tax - The court ruled that factual disputes regarding notice issuance and limitation cannot be resolved in writ jurisdiction, allowing the petitioner to pursue statutory remedies.

(A) Kerala General Sales Tax Act, 1963 - Section 45A - The petitioner, a hotelier, challenged a penalty notice for incorrect returns issued beyond the prescribed time limit under Section 17(6) of the Act - The court found that the case involved factual disputes requiring evidence and was not suitab Read more.

Kerala - Value Added Tax - The notice for reopening an assessment under the KVAT Act was valid as it was issued within the six-year limitation period established by the 2017 amendment.

(A) Kerala Value Added Tax Act, 2003 - Section 25(1) - Writ appeal against assessment order - The assessment order was challenged on grounds of limitation, asserting that the notice was issued beyond the six-year limit for the assessment year 2013-14 - The learned Single Judge found the notice issu Read more.

Rajasthan - Income Tax - The absence of documentary evidence to substantiate claims of normal business practice justifies the disallowance of interest on advances.

(A) Income Tax Act, 1961 - Section 260-A - Appeals against orders of Income Tax Appellate Tribunal - Substantial questions of law regarding deletion of addition made on account of deemed interest on interest-free advances - Tribunal held that absence of documentary evidence justified disallowance o Read more.

Delhi - Anti-Dumping Duty - A challenge to final findings regarding Anti-Dumping Duty is premature until the Central Government decides on the recommendation.

(A) Constitution of India - Article 226 - Customs Tariff Act, 1975 - Section 9C - Anti-Dumping Duty - Petition challenging final findings of DGTR regarding imposition of ADD on Halo-butyl-rubber imported from various countries - Court held that the petition is premature as the Central Government ha Read more.

Supreme Court - - (1) Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge-sheet – In some very rare and exceptional cases High Court can quash a show cause notice or charge-sheet if it is found to be wholly without jurisdiction or wholly illegal.
(2) Departmental proceeding need not be initiated only by appointing authority and initiation by a subordinate authority, in absence of rules, is not vitiated.
(3) Dismissal from service – Disciplinary Authority itself may not prepare document but rather delegate the task to someone else – If delegation is proved to have been made in favour of an authority holding an office superior to that of officer/employee proposed to be proceeded against, nothing much is required to be done and courts ought to exercise restraint.
(4) Precedent – Stare Decisis – Courts are free not to place blind reliance on whatever precedent is cited by parties since facts of two cases are not seldom alike.

(A) Constitution of India – Article 226 – Civil Services (Classification, Control and Appeal) Rules, 1930 – Rule 55 – Dismissal from service – Reversal by High Court – Indulgence in diverse activities of dishonesty, financial irregularities, forgery of documents, constituting misconduct – It was op Read more.

Supreme Court - - Summoning of additional accused to face trial – Murder case – A person not named in FIR or a person though named in FIR but has not been charge-sheeted or a person who has been discharged can be summoned under Section 319 CrPC, provided from evidence it appears that such person can be tried along with accused already facing trial.

Criminal Procedure Code, 1973 – Section 319[Section 358 of BNSS, 2023] – Summoning of additional accused to face trial – Murder case – A person not named in FIR or a person though named in FIR but has not been charge-sheeted or a person who has been discharged can be summoned under Section 319 CrPC Read more.

Supreme Court - - (1) Hurting religious and social sentiments of one community – Acceptance of freedom to express a view which may not accord with mainstream are cardinal values – A society wedded to rule of law cannot trample upon rights of those who assert views which may be regarded as unpopular or contrary to views shared by majority.
(2) Freedom of expression – If police or executive fail to honour and protect fundamental rights guaranteed under Article 19 (1)(a) of Constitution, it is duty of Courts to step in and protect fundamental rights – There is no other institution which can uphold fundamental rights of citizens.

(A) Bharatiya Nyaya Sanhita, 2023 – Sections 196, 197(1), 302, 299, 57 and 3(5) – Bhartiya Nagarik Suraksha Sanhita, 2023 – Section 528 read with Article 226 of Constitution of India – Hurting religious and social sentiments of one community – Poem refers to throne in context of fight against injus Read more.

Supreme Court - - (1) Murder – Merely being an interested witness cannot be a ground for discarding his testimony – However, evidence of such a witness is required to be scrutinized with greater caution and circumspection.
(2) Enmity is a double-edged weapon – On one hand, it provides motive, on other hand it also does not rule out possibility of false implication.

Indian Penal Code, 1860 – Section 302 [Bharatiya Nyaya Sanhita, 2023 – Section 103(1)] – Murder – Life sentence – Merely being an interested witness cannot be a ground for discarding his testimony – However, evidence of such a witness is required to be scrutinized with greater caution and circumspe Read more.

Supreme Court - - Murder – Conviction of accused cannot rest solely on doubtful testimonies.

Indian Penal Code, 1860 – Section 302 read with Section 34 [Bharatiya Nyaya Sanhita, 2023 – Section 103(1) read with Section 3(5)] – Murder – Common intention – Life sentence – No bullet was recovered from body of deceased, though there is no evidence of any exit wound – Cause of death of deceased Read more.

Supreme Court - - (1) – If magnanimity is to be shown by someone, same should be done by persons holding highest constitutional office.
(2) Even if litigants do not understand what is in their best interest, it is duty of Court to deliver substantial justice.

Contempt of Courts Act, 1972 – Section 12 – Constitution of India – Articles 215 and 142 – Indian Penal Code, 1860 – Sections 294(b), 323 and 506(1) – Dispute between two Advocates – There are allegations and counter-allegations by both parties – Second respondent has tendered sincere and unconditi Read more.