1. Cheque bounce complaint -- Cash transaction above Rs.20, 000/- -- Effect of -- High Court acquitted the accused mainly on the ground that the petitioner having extended financial assistance to the tune of Rs. 9,00,000/- by way of cash transaction in violation of provisions of Section 269SS of the Income Tax Act, 1961 -- Judgment rendered by the Kerala High Court in P.C. Hari Vs. Shine Varghese & Anr.: 2025 SCC Online Ker 5535, came up for consideration before Supreme Court, particularly, on the issue as to whether the cash transaction more than Rs 20,000/- (Rupees twenty thousand) is in violation of Section 269SS would render the transaction unenforceable under Section 138 of NI Act – It was held that any violation of Section 269SS would not render the transaction unenforceable under Section 138 of the NI Act or rebut the presumptions under Sections 118 and 139 of the NI Act -- Accordingly, the conclusion of law in P.C. Hari’s case set aside – Held, very foundation of the impugned judgment does not survive as the legal proposition on which the impugned judgment has been rendered, has been set aside -- Matter remitted back to the High Court for consideration afresh on merits as permissible under the revisional jurisdiction. (SC) Decided on: 08.12.2025

2. NDPS – Regular bail – Petitioner nominated as an accused only on the confession of the co-accused to the effect that he had purchased the contraband from the petitioner, which, such confession is not corroborated by any recovery from the petitioner -- Investigation in the case is complete -- Other case registered against the petitioner pertained to intermediate quantity of contraband and are not in relation to any commercial quantity – Bail allowed. (P&H HC) Decided on: 05.12.2025

3. NDPS -- Commercial quantity – Delay in trial – Regular bail -- Petitioner was found in possession of 610 capsules of Tramadol Hydrochloride of heroin which falls within commercial quantity -- Custody since 22.06.2024 -- Challan presented but the trial has not been concluded till date and there is also no likelihood of the same being concluded soon -- As such, the conditional liberty must override the statutory embargo created u/s 37 of the NDPS Act – Bail allowed. (P&H HC) Decided on: 05.12.2025

4. NDPS -- Commercial quantity – Petitioner arrayed as an accused on the basis of disclosure statement of coaccused -- No recovery effected from the petitioner, however the recovery of 200 Kgs of Doda Post effected from co-accused -- Co-accused are on bail and the case of the petitioner is stated to be at par with them -- Custody certificate produced would show that the petitioner has suffered incarceration of 01 year, 08 months & 06 days as on 04.12.2025 -- Petitioner is involved in 02 more cases, however in 01 case, he has been acquitted – Petitioner is covered by the ratio of law in Mohd Muslim @ Hussain’s case, 2023 LiveLaw (SC) 260 – Bail allowed. (P&H HC) Decided on: 05.12.2025

5. Regular bail -- Cheque bounce complaint -- Jump of bail – Proclaimed person -- Petitioner already remained in custody for a period of about 26 days after surrendering before the Court -- Keeping in view the bailable nature of the offence u/s 138 of the NI Act, Court deemed appropriate to grant him the concession of bail subject to the Rs.10,000/- as costs – Bail allowed. (P&H HC) Decided on: 05.12.2025

6. GPF Funds – Nominee in favour of mother – Subsequent marriage – Effect of -- Nomination in favour of the mother/ respondent no.1 would become invalid upon him acquiring a family (marriage or otherwise), as such, by function thereof, it became invalid in 2003 -- He did not alter the nomination to comply therewith – Held, where a subscriber neglects to or fails to make such changes, that Rules have been prescribed, laying down how the money is to be distributed amongst survivors. (SC) Decided on: 05.12.2025

7. Expedite disposal of civil suit -- Revision petition seeking issuance of appropriate directions to the learned Civil Judge (Senior Division) to decide Civil Suit within a time-bound manner -- Revision petition disposed of, with a direction to learned Civil Judge (Senior Division) to decide the Civil Suit as expeditiously as possible, in accordance with law. (P&H HC) Decided on: 04.12.2025

8. Adjournment request in civil suit -- Adverse remarks against advocate – Legality of -- Serious personal findings recorded against the counsel, attributing to her conduct which the order-sheet itself does not substantiate -- Remarks were not essential for adjudicating the request for adjournment and were made without affording any opportunity to the counsel to clarify the circumstances -- Adverse remarks affecting the professional standing of an advocate must be avoided unless absolutely necessary for the decision of the case and only after due notice and opportunity -- Nevertheless, the language employed in the impugned order was avoidable -- A more measured and temperate approach would have sufficed, particularly when the record itself reflected the earlier presence and bona fide conduct of counsel -- Civil revision allowed, adverse and stigmatic remarks recorded against the counsel, as well as the direction imposing costs of ?30,000 on the judgment-debtor for the alleged conduct of counsel, ordered to be expunged. (P&H HC) Decided on: 04.12.2025

9. Compensation in motor vehicle accident case – License to drive transport vehicle -- Accident by Tanker – Recovery rights -- Once there is an endorsement on the licence to include T.V. (Transport Vehicle), it clearly proves that the appellant no.2/ driver was entitled to drive transport vehicles, which included a tanker – Recovery rights given by the Tribunal to the insurance company from the appellants set aside. (P&H HC) Decided on: 04.12.2025

10. Offending vehicle – Burdon of proof -- Preponderance of probabilities -- Deceased was pillion rider – Driver tendered his affidavit Ex.PW2/A wherein he has deposed that on date of accident, his motorcycle was hit from behind by offending vehicle -- In said accident, he also received injuries and was admitted in the Hospital -- In the meantime, FIR was registered in death case by his brother against unknown vehicle -- During investigation of the case, statement of injured/ PW2 was recorded wherein he has specifically mentioned the registration number of subject vehicle -- Burden of proof, in claim petitions under Motor Vehicles Act, need not be beyond reasonable doubt as the claimants have to prove their case on touchstone of preponderance of probabilities -- Keeping in view the well-reasoned and detailed findings recorded by the Tribunal after relying upon FIR (Ex.PA), copy of challan (Ex.PC) and Postmortem Report of deceased (Ex.PB) as well as observations of the Hon’ble Supreme Court in Mangla Ram’s case 2018 AIR (SC)1900 and Kuncham Lavanya’s case 2025(2) RCR (Civil) 420 – No merit in the appeal -- Dismissed in limine. (P&H HC) Decided on: 04.12.2025

11. Murder – Circumstantial evidence -- Regular bail -- Prima facie, the case is of circumstantial evidence, as there is no direct eye witness -- Further, whether dead body recovered from drain is of the same person for whom missing FIR was registered or not is yet to be established by the prosecution, during the course of trial -- Whether, mere suspicion of the petitioner, based solely on a disclosure statement, is sufficient for conviction, remains a significant legal question for the prosecution itself to resolve -- Petitioner is already in jail for the last more than two years and only 04 prosecution witnesses out of 26 prosecution witnesses have been examined till date -- Petition allowed, petitioner ordered to be released on bail. (P&H HC) Decided on: 04.12.2025

12. Disciplinary proceedings after retirement – Legality of -- Disciplinary proceedings cannot be initiated or continued against retired employees holding non-pensionable posts -- Foundational charge against the petitioner, relating to moisture gain, is unrelated to his duties as a Security Guard and has no statutory or rule-based foundation -- Impugned charge-sheets and subsequent proceedings deserve to be set-aside -- Withholding of the petitioner’s retiral dues are without any legal or statutory basis -- Charge-sheets set-aside and the impugned order withholding the retiral dues of the petitioner to the tune of Rs.9,03,598/- set-aside -- Respondents directed to release the retiral dues of the petitioner amounting to Rs.9,03,598/- along with simple interest at the rate of 6% per annum, to be calculated from the date of retirement till its realization. (P&H HC) Decided on: 04.12.2025

13. Acquittal in NDPS Case –Departmental punishment – Sustainability of -- Acquittal by trial Court is not absolute bar and Authorities are duty bound to examine whether case of delinquent falls within exceptions carved out in aforesaid Rule or not – There is no finding that Opium was planted by Investigating Officer of Deputy Superintendent of Police -- There is no finding that there was no recovery of 1 Kg Opium -- Findings recorded by trial Court disclose that petitioner was acquitted by trial Court on the ground of benefit of doubt -- It was a case of non-compliance of mandate of Section 50 of NDPS Act as well as discrepancies in the statements -- It cannot be concluded that case of petitioner does not fall within the exceptions carved out under Rule 16.3 of PPR -- He was liable to be punished -- Punishment of forfeiture of 05 years regular service for increments, upheld. (P&H HC) Decided on: 03.12.2025

14. Appointment of lambardar -- Theft of the electricity – Financial Commissioner found that allegations of theft of the electricity not proved as he had no concern with the said premises and the electricity meter was in the name of father of respondent No.4 and even the Electricity Department has already exonerated the respondent No.4 of any misdoing as the house in question was being used by his brother -- Learned Single Judge, upheld the said order – Orders have not been proved to be perverse -- No ineligibility attached to respondent No.4 has been brought to the notice -- Respondent No.4 is working as Lambardar for the last so many years -- No ground made out for any interference – LPA dismissed. (P&H HC) Decided on: 03.12.2025

15. Cheque bounce complaint – Appeal against conviction -- Suspension of sentence – Condition to deposit of 20% of compensation – Exception to – Ld. Appellate Court was required to consider whether the present case falls in the exception or not, which was not considered -- Matter remanded back, Ld. lower Appellate Court to re-examine the case after granting an opportunity to the petitioner to make submissions regarding the exceptional circumstances and decide whether it is an appropriate case that warrants waiver of the requirement of deposit of 20% of the compensation awarded by learned trial Court in the light of judgment passed by the Hon'ble Supreme Court in Jamboo Bhandari's case (2023) Law Today Live Doc. Id. 18509 = 2024(2) L.A.R. 323. (P&H HC) Decided on: 03.12.2025

16. Compensation in motor vehicle accident case – Injury case -- No permanent disability suffered by the appellant however suffered a head injury as a result of which he initially remained admitted in hospital from 10.09.2013 to 29.09.2013 and then from 15.10.2013 to 30.10.2013 and again from 02.07.2014 to 06.07.2014 -- For about one year, the appellant was having problems -- Must not have been able to work properly for at least for six months for that Rs.48,000/- (Rs.8000/- x 6) -- Medical expenses, for, the bills produced Rs.1,95,863/- -- Attendant charges Rs.8,000/- per month i.e. Rs.48,000/- (Rs.8000/- X 6) -- Pain and suffering Rs.2 lakhs -- Special diet Rs.25,000/- -- Transportation charges Rs.20,000/- – Total compensation comes to Rs.5,16,863/- -- After deducting a sum of Rs.2,54,863/- as assessed by the MACT, the balance compensation comes to Rs.2,62,000/- -- This amount would be payable along with interest @ 7.5% per cent annually. (P&H HC) Decided on: 03.12.2025

17. Notification dated 25th August, 1993 -- Office Memorandum dated 10.10.2019 issued by Ministry of External Affairs, Government of India – Criminal case pending – Issuance of Passport – Right to go abroad -- High Court can, during the pendency of Criminal Proceedings grant the necessary clearance to the applicant enabling him to apply for a passport – Petitioner granted permission to apply for the issuance of a passport before the passport authority and the said authority without raising objecting relating to pendency of criminal cases against the present petitioner but subject to other conditions being fulfilled considering the case of petitioner for the issuance of passport in accordance with law -- However, petitioner shall have to seek permission from the Trial Court before going abroad and grant of permission to apply for a passport shall not be construed as implied permission to go abroad. (P&H HC) Decided on: 03.12.2025

18. Discharge of accused -- Allegation by complainant that by clicking her photographs without her consent accused intruded her privacy and obstructed her entry into premises -- FIR and charge sheet silent about the manner in which complainant was threatened or was watched or captured by the accused while she was engaging in a 'private act' to attract Section 354C -- Except for the bald allegation that the Appellant-accused intimidated the complainant by clicking her photographs, the FIR and charge-sheet are completely silent about the manner in which the complainant was threatened with any injury to her person or her property -- The words, if any, uttered by the complainant are not mentioned in the FIR -- Complainant or her associates never made a statement to substantiate her allegations -- Ingredients of offence of criminal intimidation are not attracted -- Ingredients of wrongful restraint u/s 341 not made out, in absence of material on record to show that complainant was a tenant in the property at any point of time -- On the date of the alleged offence, complainant had no right to enter the property - Accused enforce bonafidely thought was his lawful right over property in terms of injunction order -- Accused discharged. (SC) Decided on: 02.12.2025

19. Compensation in motor vehicle accident case -- Deceased aged 28 years -- Monthly income of the deceased was assessed as Rs.22,763/- per month -- Future prospects @ 50% added -- Further, a sum of Rs.48,400/- to each of the claimants required to be awarded on account of filial consortium – Deceased is bachelor, deduction of 1/2 of the assessed income would have to be made on account of personal expenses instead of 1/3rd as assessed by the MACT – Multiplier of 17 applied -- Total compensation assessed at Rs.36,15,839/- -- Rounded off to Rs.4,50,100/- payable -- This amount would be payable in addition to the amount assessed by the learned MACT along with interest @ 7.5% annually. (P&H HC) Decided on: 02.12.2025

20. Criminal justice system – Curtailment of liberty -- Criminal justice system, though permitting curtailment of personal liberty, mandates that such deprivation must strictly conform to the procedure established by law -- The said procedure must be fair, just, and reasonable in terms of Article 21 of the Constitution of India. (P&H HC) Decided on: 02.12.2025

21. India’s international obligations under the UNCRPD, Article 31 -- Tamil Nadu Prison Rules, 1983, Rules 196, 197, 198(iii) – Right of person with disabilities in prison – In addition to the salutary directions set out in L. Muruganantham, 2025 SCC OnLine SC 1444 = (2025) Law Today Live Doc. Id. 20637 = 2025 INSC 844, following directions shall also be read in conjunction with the mandate of the said judgment: - A. The directions issued by this Court in L. Muruganantham (supra) shall be extended to all the States and the Union Territories, to ensure that the principles are adopted mutatis mutandis within their prison systems as well. B. Every State and Union Territories shall establish a robust, independent and accessible grievance redressal mechanism specifically designed for prisoners with disabilities. The said mechanism shall ensure prompt registration, effective monitoring and timely resolution of complaints, so as to safeguard inmates from systemic neglect, abuse and discriminatory practices. C. Appropriate facilities shall be created to ensure that prisoners with disabilities have meaningful access to inclusive education within the prison system. No inmate shall be deprived of the opportunity to pursue educational programmes solely on account of disability, and suitable adjustments shall be made to facilitate their effective participation. D. Section 89 of the RPwd Act shall mutatis mutandis be made applicable to prison establishments across the country. All prison authorities shall take adequate steps to disseminate awareness of the obligations flowing from the said provision to all officers, staff, legal-aid personnel, and other stakeholders. E. Learned counsel appearing for the petitioner has sought directions for the provision of appropriate assistive devices, mobility aids, and other support equipment to prisoners with disabilities. However, considering the crucial issue relating to prison security and the practical modalities of implementation, we, for the present, deem it appropriate to call upon all States and Union Territories to indicate in its compliance report the structured institutional mechanism proposed to ensure the regular availability, maintenance, and secure provision of assistive devices, mobility aids, and other disability-support equipment for prisoners with disabilities. The affidavit shall clearly outline the procedures, infrastructure, procurement systems, supervision protocols, and security measures by which such assistive aids will be made accessible to inmates, enabling them to carry out their daily activities with dignity without compromising institutional safety. F. Prisoners with benchmark disabilities shall be entitled to enhanced visitation provisions, in order to ensure sustained family support, emotional well-being, and continuous monitoring of their special needs. The specific modalities for such visitation shall be framed by the concerned departmental head of each State and Union Territory so as to balance security considerations with the imperative of accessibility and humane treatment. All States and Union Territories directed to place on record a comprehensive compliance report before this Court within four months, indicating the measures undertaken for effectuating the directions issued in L. Muruganantham (supra) as well as those mandated herein -- The report shall clearly set out the steps adopted, the progress achieved, and the modalities evolved for ensuring faithful implementation of the aforesaid directions in the prisons located within their jurisdictions. (SC) Decided on: 02.12.2025

22. Compensation in motor vehicle accident case -- Eye witness to the accident – Requirement of -- FIR u/s 279 and 304-A of the IPC was also registered on the same day against the driver of the offending vehicle, who also faced trial before the Illaqa Magistrate -- It is not necessary that there would be an eyewitness in such type of motor vehicle accident cases and merely due to non-examination of an eyewitness the impugned award passed by the Tribunal can be faulted. (P&H HC) Decided on: 02.12.2025

23. Statement u/s 313 of Cr.P.c. – Mandate of -- Statements given by all three persons are carbon copies of each other -- How such statements can pass muster at the hands of the learned Trial Judge is understandable -- Out of the four questions asked, directly related to the sequence of events, were only two -- The second question was as general as can be, with reference to only the bare allegations, to which an omnibus denial was issued -- The third was also of similar nature, saying that it has been alleged and evidenced, and nothing further -- This cannot be said to be the putting of every material circumstance -- Desire to secure a conviction for the accused persons, the prosecutor also let their duty of assisting the Court in conducting the examination of the accused under this section fall by the wayside -- Prosecutor is an officer of the Court and holds a solemn duty to act in the interest of justice -- Appeals allowed and the matter sent back to the concerned Trial Court to recommence from the state of the recording of the Section 313 CrPC statements. (SC) Decided on: 01.12.2025

24. Recovery of weapons – Acquittal in revision -- Grounds : i) that the weapon of offence was never test fired. Thus, the report of Arms Act Expert (PW-5) could not have been believed with regard to the fact that the weapon was in working condition; ii) that the sanction order was defective as the weapon was never produced before the sanctioning authority; iii) that the link evidence was missing as the storekeeper in whose custody the weapon was kept had not been examined; iv) that the weapon was not produced in sealed condition before the arms expert, which shows that it was not sealed on the spot. Thus, the tampering of case property in this case cannot be ruled out; v) that despite the fact that recovery had taken place at a crowded place, any independent witness has not been joined; vi) that the testimony of witnesses of recovery i.e. PW-2 and PW-4 were contrary with regard to material witnesses; If the cumulative effect of all the above mentioned factors is taken into consideration, it leads to a conclusion that the story set-out by the prosecution, with regard to recovery of country-made pistol from the possession of petitioner, fails to inspire confidence – Held, there is sufficient scope for indulgence and interference in the findings returned by the learned trial Court -- Charge for the commission of offence punishable u/s 25 of Arms Act was not proved against the petitioner – Petitioner acquitted. (P&H HC) Reserved on: 14.11.2025 Decided on: 01.12.2025

25. Compensation in motor vehicle accident case -- Deceased was minor/ 16 years of age – Multiplier – Future prospects -- Claimants are deceased’s parents – Income assessed as per the minimum wage for a skilled worker @ Rs. 10,382/- per month and a multiplier of ‘18’ would be applicable -- Future prospects added at 40% -- Keeping in view the age of the child, 50% deduction would also be applicable – Loss of estate Rs.18,000/-, Funeral expenses Rs.18,000/-, Loss of consortium Filial [Rs.48,000/- x 2] = Rs.96,000/- -- Total compensation comes to Rs.17,01,762/- -- Will attract interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount. (P&H HC) Decided on: 01.12.2025

26. Appointment of Lambardar – Interference in – Once, the authorities after evaluating the claims of all eligible, found respondent No.1 as a better suited for the post of Lambardar, unless and until, the respondent No.1 is ineligible to hold the said post or, the said appointment is causing prejudice to the residents of the area in any manner, no interference can be done. (P&H HC) Decided on: 01.12.2025

27. Joint land – Restraining co-sharer from construction – Mandate of -- Suit for partition is pending and the respondents are in exclusive possession of their respective portions -- A co-sharer in physical possession of a specific portion of joint land, whose possession is admitted, cannot be restrained from raising construction thereupon -- Any construction raised by the respondents over their exclusive portion shall, however, remain subject to the final outcome of the partition proceedings – Ld. Additional District Judge rightly declined to grant stay and has dismissed the application filed by the petitioners/plaintiffs – Revision petition dismissed. (P&H HC) Decided on: 29.11.2025

28. Compensation in motor vehicle accident case – Injury case -- Age appox. 40 years -- Amputation of the right arm above the elbow -- Functional disability assessed as of 80% -- Significantly impairing earning capacity -- Considering lifelong suffering, loss of amenities, mental stress, future medical needs (prosthetics, physiotherapy), and loss of dignity attached to such a disability, enhancement is justified u/s 168 of the Motor Vehicles Act -- As such, compensation for loss of future earning is assessed as: * Notional annual income: Rs.36,000/- per annum * After Addition of 40% future prospects: Rs.50,400/- per annum * Multiplier: 15 * Functional disability: 80% Loss of earning capacity = (Rs.50,400 × 80%) × 15 = Rs.6,04,800/- High Court is empowered to reassess these amounts to ensure just compensation under Section 168 of the Motor Vehicles Act, 1988 – Total Compensation assessed as 9,14,800/-, rounded to: Rs. 9,15,000/- -- Claimant shall be entitled to enhanced compensation of Rs.4,65,000/-, over and above the award of the Tribunal, along with interest @ 7.5% p.a. from the date of filing of the claim petition till realization. (P&H HC) Reserved on: 28.11.2025 Decided on: 29.11.2025

29. Appointment of Arbitrator – Unilateral power with one party -- Remedy -- Where a clause contains an otherwise defective unilateral appointment mechanism, the Court may sever the offending portion and exercise its power u/s 11(6) to appoint an independent arbitrator, thereby giving effect to the parties’ genuine intention to arbitrate -- Refusing to sever such clauses would effectively confer on the dominant party a “nuclear veto”, wholly inconsistent with the pro-arbitration policy of the Act and violative of Article 14 -- Court is empowered under Section 11(6) to cure the defect and appoint an independent arbitrator. (SC) Decided on: 28.11.2025

30. Dowry death – Presumption – Regular bail by High Court – Cancellation of -- Marriage took place on 22.02.2023, and the death occurred on 05.06.2023 i.e. within four months of marriage – Dying declarations to the father and elder sister, coupled with consistent testimony of relatives and post-mortem noting of an abrasion suggestive of restraint, satisfy the foundational requirements of Section 304B IPC -- Consequently, the presumption u/s 113B of the Evidence Act arises inexorably against Respondent No. 1/ husband -- High Court, however, failed to take this statutory presumption into account, and instead relied solely on general bail principles -- Courts has to evaluate the gravity of the offence, the nature of accusations and the prima facie evidence while considering bail – Held, such heinous offences strike at the very root of human dignity and violate the constitutional guarantees of equality and life with dignity under Articles 14 and 21 of the Constitution of India -- They corrode the moral fibre of the community, normalize violence against women, and erode the foundations of a civilized society -- Judicial passivity or misplaced leniency in the face of such atrocities would only embolden perpetrators and undermine public confidence in the administration of justice -- A firm and deterrent judicial response is, therefore, imperative, not only to uphold the majesty of law and do justice in the present case, but also to send an unequivocal message that neither law nor society will countenance barbarities born out of the evil of dowry -- Bail cancelled. (SC) Decided on: 28.11.2025

31. Murder -- Regular bail – Parity as a ground -- Bail has often been stated to be the rule, and jail, the exception -- At the same time, this, however, does not mean that the relief of bail is to be granted without due regard to the circumstances involved in the alleged offence for which the accused person has been arrested – High Court erroneously granted bail to the accused-respondent on the sole ground of parity which it has misunderstood as a tool of direct application as opposed to parity being focused on the role played by the accused and not the thread of the same offence being the only common factor between the accused persons -- Parity is not the sole ground on which bail can be granted – Bail cancelled. (SC) Decided on: 28.11.2025

32. Appeal against acquittal – Leave to appeal before High Court -- Direction given to learned Session Judge to treat the application/appeal as filed u/s 372 of Cr.P.C -- Registry directed to send the complete paper-book and record of the case to learned Sessions Judge, forthwith. Celestium Financial’s case 2025(3) RCR (Criminal) 208 relied. (P&H HC) Decided on: 28.11.2025

33. Attachment before judgment – Sale prior to filing of suit – Ground of fraudulent transfer -- Effect of -- Scope of Rule 5 is confined to securing the plaintiff’s prospective decree by preventing the defendant from frustrating execution through alienation or concealment of his property during pendency of the suit -- Essential condition, however, is that the property sought to be attached must belong to the defendant on the date of institution of the suit; property already transferred prior to the suit cannot be attached under this provision -- In cases where such prior transfer is alleged to be fraudulent, the remedy lies under Section 53 of the T.P. Act and not under Order XXXVIII Rule 5 CPC. (SC) Decided on: 28.11.2025

34. Compensation in motor vehicle accident case – Plying vehicle with no-permit – Principle to pay and recover for Insurance company -- Accident took place within the territorial limits of the State of Haryana (Sonepat) -- Offending vehicle was having a permit to ply in the State of Punjab only -- It had no permit to ply in the State of Haryana – In such cases, the liability to pay compensation would be that of the driver/owner -- Nevertheless, the Insurance Company would pay the compensation amount in the first instance and would then be entitled to recover the same from the driver/owner. (P&H HC) Reserved on: 20.11.2025 Decided on: 28.11.2025

35. Service law -- Change of category – Sports SC (M&B) to SC (M&B) -- Permissibility of -- At the time of filling the application form for the post of Multipurpose Health Worker, the petitioner has applied under Sports SC (M&B) category -- At fag end, when the selection process for the said post(s) is over, the petitioner cannot be allowed to change her category from Sports SC (M&B) to SC (M&B). (P&H HC) Reserved on: 18.11.2025 Decided on: 27.11.2025

36. Cheque bounce complaint -- Bank statements in application u/s 311 of Cr.P.C -- Permissibility of -- Documents allowed to be proved by the learned trial Court are the statement of account being maintained by the Public Bank in usual course of its business -- If the respondent/ complainant is seeking the assistance of some documents, i.e. statement of account of the parties, it cannot be held that the respondent-complainant has created an evidence in his favour during the pendency of the case -- No illegality committed by the learned trial Court while permitting the respondent-complainant to prove the documents. (P&H HC) Decided on: 27.11.2025

37. Appeal against acquittal – Presumption of innocence -- An order of acquittal is not to be interfered with lightly because presumption of innocence of the accused is further strengthened by acquittal -- Interference is called for only under compelling circumstances, where impugned findings are perverse, unreasonable and convincing material on record has been ignored unjustifiably by the trial Court. (P&H HC) Reserved on: 30.10.2025 Decided on: 26.11.2025

38. Raising slogan ‘Pakistan Zindabad’ when the war was going on between India and Pakistan – Regular bail -- Petitioner was arrested on 10.05.2025 has suffered incarceration of 06 months and 11 days as on 24.11.2025 -- Petitioner is not involved in any other case -- Challan has already been presented and charges are yet to be framed -- Veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court – Bail allowed. (P&H HC) Decided on: 26.11.2025

39. Change in the selection criteria – Permissibly of -- Weightage points allotted to a B.Sc. Degree in Forestry was 25 points was altered only after interviews were held, that is, when all the stages of participation by a candidate in the selection process were over -- Evaluation procedure was altered on representation of candidates -- Such alteration, cannot be termed transparent and does not have a rational nexus to the object sought to be achieved in as much as the academic qualification required for the post was barely 10+2 with science and stress was more on physical attributes of a candidate including viva voce -- Held, a change in the selection criteria, after interviews were held, was rightly not countenanced by the High Court – No merit in appeal, dismissed. (SC) Decided on: 26.11.2025

40. Insurance / renewal of Passport – Criminal trial pending – Effect of -- NOC granted by the trial court and passport validity restricted to one year – Again approached the trial court for grant of NOC for obtaining passport for five years – Application dismissed by trial court primarily, on the ground that the same is premature because the earlier NOC granted by the said court is valid upto 23.02.2026 -- Another ground that he has not produced any documentary proof that would go on to show that he was required to travel abroad in connection with his business – Held, every citizen has a legal right to hold a passport and that the said right can be taken away only in accordance with law – Held, petitioner is entitled to get his passport renewed for further as the expiry of his passport is approaching -- A criminal court while considering an application for grant of NOC has only to advert itself to the question as to whether the accused, if allowed to travel abroad, would be available to face the trial -- No other factor should influence the decision of the criminal court while considering an application for grant of NOC in favour of an accused who intends to obtain a passport/travel document -- Petition allowed, matter remanded to the court to decide the application of the petitioner for grant of NOC afresh. (J&K&L HC) Decided on: 26.11.2025

41. Compensation in motor vehicle accident case -- Duty of MACT/ Tribunal – Compensation has to be awarded once and for all as victim is not at fault and it is the duty of the Tribunal to award just compensation -- Considering overall facts and circumstances relating to treatment, mental agony, pain, disablement, loss of wages and expenditure in the hospital for nutritious diet and other expenditure incurred by the family members and other charges for attendant is also required to be considered -- Disablement and mental pain, shock and suffering qua loss of amenities -- Adopting a sensitive approach is crucial for the Tribunal -- It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation -- The Tribunal is expected to have empathy and to prevent subsequent trauma by taking a sensitive approach to feeling the pain of the victim of the road accident because the victim of the road accident and their family often deal with physical and emotional trauma and an empathetic approach can provide them a sense of support and understanding. (Gujarat HC) Decided on: 26.11.2025

42. Auction sale in execution -- Challenge to – Right of -- Given the insertion of Order XXI Rule 90(3) in the statute book with effect from 01.02.1977, it would be incumbent upon a judgment debtor or any other interested person who applies for setting aside an execution sale, held thereafter, to satisfy the executing Court that the ground upon which the application was made could not have been taken on or before the date on which the proclamation of sale was drawn up – Held, if such a ground could have been taken by that applicant who seeks setting aside of the sale but he failed to do so at the appropriate stage, he would stand barred, by Order XXI Rule 90(3) CPC, from doing so at a subsequent stage. (SC) Decided on: 25.11.2025

43. Rape -- False promise to marry – Quashing of FIR -- Respondent No.2 continued to meet the appellant and indulged in physical relations with him even though she was already married -- FIR also states that in September 2022, when respondent No.2 found out that she was pregnant with the appellant’s child, she told the appellant, “You live your life and I will live my life” -- At that time, the appellant assured her that they would get married and asked for some time from respondent No.2, to which she refused -- However, despite her refusal to be with the appellant, respondent No.2 continued to meet him at Hotel and engaged in physical relations with him – Held, not a case where the appellant lured respondent No.2 solely for physical pleasures and then vanished -- Relationship continued for a period of three long years, which is a considerable period of time -- They remained close and emotionally involved -- In such cases, physical intimacy that occurred during the course of a functioning relationship cannot be retrospectively branded as instances of offence of rape merely because the relationship failed to culminate in marriage – FIR quashed. (SC) Decided on: 24.11.2025

44. Cheating – Criminal breach of trust – Cannot co-exist together -- In case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same -- Whereas, in case of cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver a property -- In such a situation, both offences cannot co-exist simultaneously -- Consequently, the complaint cannot contain both the offences that are independent and distinct -- Said offences cannot coexist simultaneously in the same set of facts as they are antithetical to each other. (SC) Decided on: 24.11.2025

45. Eviction of tenant – Arrears of rent -- Power of Appellate Rent Authority -- While hearing the appeal, the Appellate Authority has full discretion to pass any order in accordance with law, including an order dismissing the Appeal and/or extending the time to deposit/pay the arrears of rent, or if it finds substantial merit in the Appeal, it may issue notice and unconditionally stay the impugned order of eviction, or if it finds that the Appeal raises an argument which is plausible but improbable, it may direct the Appellant to pay/deposit the amount determined by the Rent Controller pending the hearing of the Appeal -- Though the power of the Appellate Authority cannot be put in a straitjacket, yet normally speaking, a tenant must be directed to pay/deposit the amount determined by the Rent Controller before an Appeal is heard by the Appellate Authority and that too when a money decree has been passed by a Civil Court which has not been stayed by the Appellate Court. (SC) Decided on: 21.11.2025

46. Execution of money decree – Arrest and detention -- If a person has no means to pay, in absence of any mala fide or dishonest intention, the arrest and detention cannot be resorted to. (P&H HC) Reserved on: 17.11.2025 Decided on: 21.11.2025

47. Death of dismissed employee -- Compassionate assistance to family – Dismissal on 04.12.1989, during the pendency of writ, he passed away on 22.02.1995 and writ was allowed on 22.02.2010 quashing the dismissal and directing release of all retiral benefits -- Legal fiction is that the employee was never dismissed, unless the Court restricts relief -- Rule 6 of the 2006 Rules clarify that all the pending cases, such as that of the petitioner shall be covered under the 2006 Rules – Claim denied on the ground that petitioner applied belatedly – Order does not consider the effect of the 2010 judgment, the retrospective restoration of service, the settled law on compassionate claims, or the humanitarian object underlying the scheme -- An administrative authority exercising statutory discretion is required to record reasons that demonstrate meaningful application of mind -- Failure to do so renders the action of the respondents arbitrary and violative of Article 14 of the Constitution of India – Impugned order set aside, respondents directed to extend financial assistance within a period of 4 weeks. (P&H HC) Decided on: 21.11.2025

48. Photocopy of document – Validation of – Permissibility of -- Ld. Civil Judge proceeded to validate the photocopy of the agreement to sell on the condition that the petitioner deposits the deficient stamp duty along with a penalty quantified at ten times the sale consideration -- One page of the original document is available while the remaining page is only a photocopy – Held, even if a portion of the document exists in its original form, the instrument as a whole cannot thereby be deemed an original document -- In such circumstances, the composite document must necessarily be treated as a copy -- A copy whether partial or complete cannot be validated for the purposes of stamping -- Impugned order suffers from a manifest and material illegality, as the learned Civil Judge has exercised jurisdiction not vested in him under the law – Order set aside. (P&H HC) Decided on: 20.11.2025

49. Blanket anticipatory bail – Permissibility of -- When no criminal case or FIR is registered against a person, the grant of anticipatory bail is impermissible as doing so would amount to issuing a blanket protection against all possible future accusations -- Law does not contemplate granting such omnibus relief u/s 482 of the BNSS nor can a blanket order be passed to restrain the authorities from arresting an individual in the absence of a specific and existing criminal case. (P&H HC) Decided on: 20.11.2025

50. Appointment of Arbitrator – Prima-facie existence of arbitration clause -- High Court at the time of reference u/s 11 of the Act is only to see prima facie the existence of an arbitration clause and is not to conduct any mini-trial -- Since neither the arbitration clause nor the terms and conditions of the auction are in dispute, Court deems it fit and proper to allow the present petition and appoint a Sole Arbitrator. (P&H HC) Decided on: 19.11.2025