401. Amendment of plaint – Delayed application – Ground of -- No doubt the plaintiff-petitioner has been remiss in not filing the application for amendment earlier, however, the same cannot be a ground for denying the amendment especially in view of the fact that the evidence is yet to be started -- Application allowed subject to payment of ?10,000/- as costs. (P&H HC) Decided on: 13.08.2025

402. Closing of evidence by Court order – Setting aside of -- Petitioners-plaintiffs did not lead any evidence inspite last opportunities -- Submission that the omission on their part in not examining witnesses or leading evidence cannot be construed as deliberate or intentional, inasmuch as compromise talks were in progress between the parties -- Further submitted that the respondent-defendant had failed to disclose that his mother and sisters also have a share in the suit property, and upon the petitioners-plaintiffs coming to know of the same, the respondent-defendant had assured that he would clear the title in all respects, but failed to do so -- Impugned order set aside, learned Civil Judge (Jr. Divn.), directed to give two effective opportunities to the petitioners-plaintiffs to conclude their entire evidence. (P&H HC) Decided on: 13.08.2025

403. Revision petition for issuance of direction to Trial Court for pronouncing the judgment and decree in terms of Order 12 Rule 6 of CPC -- Contends that the deliberate delay on the part of the respondents-plaintiffs is causing constant emotional disturbance and relentless anxiety to the petitioner, apart from paving the way for multiplicity of proceedings in the interregnum – Learned Civil Judge (Sr. Divn.) directed to decide the suit as expeditiously as possible. (P&H HC) Decided on: 13.08.2025

404. Memorandum of family settlement / family arrangement – Registration of – Requirement of -- Document produced by the plaintiff, as a memorandum of family settlement / family arrangement does not require mandatory registration and payment of stamp duty. Kale’s case AIR 1976 SC 807 relied. (Raj. HC) Decided on: 12.08.2025

405. Appointment of District Judges – Bar Vacancy – Eligibility of judicial officer, who completed seven year in Bar – Actual date of eligibility -- Two issues are substantial question of law as to the interpretation of Article 233(2) of the Constitution: (i) Whether a judicial officer who has already completed seven years in Bar being recruited for subordinate judicial services would be entitled for appointment as Additional District Judge against the Bar vacancy? (ii) Whether the eligibility for appointment as a District Judge is to be seen only at the time of appointment or at the time of application or both? Court refer the aforesaid issues for consideration of a Constitution Bench of five Judges of this Court. (SC) Decided on: 12.08.2025

406. Scheduled Tribe -- Caste certificate -- Held, while dealing with documentary evidence, greater reliance may be placed on pre-Independence documents because they furnish a higher degree of probative value to the declaration of status of a caste, as compared to post-Independence documents -- Merely because the applicant does not match the tribe’s peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc., it cannot be solely taken into consideration for rejecting the claim of belonging to the Scheduled Tribe -- Pre-Independence document certifies that the appellant’s grandfather’s belongs to Tribe, a greater probative value ought to have been given to the said document -- Appeal allowed, Scrutiny Committee directed to issue Caste Validity Certificate to the appellant. (SC) Decided on: 12.08.2025

407. Corruption case – Demand and acceptance -- To convict a person under the aforesaid provision demand and acceptance of illegal gratification is a sine qua non -- It is no one’s case that A-2 ever demanded any illegal gratification -- He accepted the money on the directions of A-1 and kept the same with him -- So, there was no demand of illegal gratification on his part -- Demand made by A-1 cannot be attributed to A-2 as no evidence was adduced which could establish that A-2 was a habitual offender working in aid with A-1 or was facilitating A-1 in demanding and receiving illegal gratification -- Accordingly, in the absence of any allegation or evidence that A-2 demanded bribe from the complainant or he was acting in connivence with A-1, he cannot be prosecuted for the commission of the crime of demanding and receiving illegal gratification. (SC) Decided on: 12.08.2025

408. Ex-parte injunction -- Ordinarily an order of injunction may not be granted ex parte -- The opposite party must be issued a notice and heard before an injunction may be granted -- Rule 3 carves out an exception in favour of granting an injunction without notice to the opposite party where it appears that the object of granting injunction would be defeated by the delay -- Conferment of this privilege on the party seeking an injunction is accompanied by an obligation cast on the court to record reasons for its opinion and an obligation cast on the applicant to comply with the requirements of Clauses (a) and (b) of the proviso -- Both the provisions are mandatory. (SC) Decided on: 11.08.2025

409. Merger of Non-banking entity with Bank – Jurisdiction of Commercial court -- – Jurisdiction of DRT -- Section 31 cannot be interpreted in a vacuum -- Section 31 emphasizes that the bar u/s 18 is absolute and on and from the appointed day, no Court other than DRT shall have jurisdiction to deal with any matter, which falls under the jurisdiction of DRT -- Section 18 is couched in negative terms, which implies that it is absolutely mandatory -- On merger of original plaintiff (HDFC Limited) with respondent no.1 (HDFC Bank Limited), jurisdiction of Commercial Court will be barred to decide the, "application" -- After amalgamation, the suit answers description of the term "application" as defined under Section 2(b) of the Act and is of the nature of a proceeding referred u/s 19 of the Act -- Therefore, DRT will have jurisdiction to entertain and decide the suit and jurisdiction of other Courts will be barred in view of Section 18 of RDB Act. (Bom. H.C.) Reserved on: 25.07.025 Decided on: 11.08.2025

410. Party to appear before other witnesses – Only exception is that the Court may permit him for reasons to be recorded in writing that he may appear as his own witness at a later stage – Application is bereft of any details as to who are the summoned witnesses required to step into the witness-box before he can appear as his own witness -- Reasons why these witnesses are to be examined before the plaintiff-petitioner steps into the witness-box are also woefully missing – Application under Order XVIII Rule 3A dismissed by Trial Court -- In the absence of any details regarding which witness and for what reason the said witness needs to be examined, no fault can be found with the order. (P&H HC) Decided on: 11.08.2025

411. Stay of execution of ex-parte decree -- Application for setting aside ex-parte judgment and decree pending -- Proceedings before the executing Court stayed until the application filed by the revisionist-petitioner under Order IX Rules 7 and 13, read with Section 151 of the CPC is adjudicated upon by the Court -- The learned lower Court directed to expedite the proceedings in the said application and dispose of the same within a period of two months from the next date of hearing fixed before it. (P&H HC) Decided on: 11.08.2025

412. Compensation in motor vehicle accident case – Sale of vehicle – Further sale -- Registered owner – Insurance company -- Liability of -- Transfer of vehicle -- Transfer of the registration as per Section 50 of the Motor Vehicle Act, 1988 requires the transferee to report the fact of transfer in the prescribed form to the Registering Authority within whose jurisdiction the transfer is affected within 14 days of the transfer -- No contention raised by the registered owner that he made such a report u/s 50(1)(a)(i) of the Act -- Hence the ownership was with the registered owner even at the time of the accident and it is his liability to compensate the victims in the accident, which also has to be indemnified by the insurer -- Liability to pay falls squarely on the registered owner, even if there has been successive transfers which has to be indemnified by the insurer. (SC) Decided on: 08.08.2025

413. Compensation in motor vehicle accident case -- Insurance policy -- Cheque towards premium was dishonoured – Third party liability -- 50% compensation awarded with intertest already paid by Insurance company pursuant to order passed by the court -- In larger interest of justice to all parties, no recovery deserves to be permitted for the said amount deposited and withdrawn from the claimants -- Appellant-Insurance Company, shall be at liberty to recover the said 50% amount along with interest deposited by it as above and received by the claimants from the owner of the offending vehicle in accordance with law -- As far as the balance of 50% amount along with interest is concerned, which remains, the claimants shall be entitled to recover the same from the owner of the offending vehicle in accordance with law. (SC) Decided on: 08.08.2025

414. Compensation in motor vehicle accident case – Appeal against High Court order reducing the compensation -- Death of child aged 9 years – Multiplier -- Income taken as Rs. 5,000/- per month -- No question of any deduction for personal expenses and hence even if the multiplier adopted is 15, considering the mother’s age of 36, the total compensation for loss of dependency would be Rs.7,50,000/- -- Funeral expenses Rs.15,000/-, loss of estate Rs.15000/-, Rs.80,000 fixed as loss of filial consortium as applicable to both the parents -- Transportation expenses Rs.5,000/- -- Loss of dress, ornaments and cycle, Rs.5,000/- assessed -- Total compensation would be Rs.8,70,000/- assessed -- No appeal from the quantum filed by the claimants, hence the order of the Tribunal restored -- Appeal allowed setting aside the order of the High Court. (SC) Decided on: 08.08.2025

415. Compensation in motor vehicle accident case -- National of United States – Future prospects – Deceased was self-employed in U.S. -- Future prospects of a person self-employed in a foreign country like United States, compared to a person in this country, would become difficult for the simple reason that the socio-economic-political conditions in any foreign country would be different -- In order to determine the just compensation to a person who died in an accident occurred in India, the dictum of law in Pranay Sethi’s case (2017) 16 SCC 680 = (2017) Law Today Live Doc. Id. 10002 = 2018(1) L.A.R. 1 shall have to be followed and applied specially when no material evidence is offered to determine the future prospects in the foreign country -- Accordingly, the Court is inclined to extend the benefit of future prospects’ component for the compensation payable as per the principles in Pranay Sethi’s case – Total compensation comes to 1,60,15,280/- alongwith 5% interest p.a. (SC) Decided on: 08.08.2025

416. Public Utility Services – Imposition of tax by transport department – Jurisdiction of PLA -- At what rate, the tax will be imposed on the particular vehicle cannot be brought into the net of Public Utility Services -- Merely because transport vehicle for the carriage of passengers or goods by air, road or water has been mentioned in the definition of Section 22A(b) of the Act of 1987, it will not bring the subject matter of imposition of tax within the jurisdiction of Permanent Lok Adalat for adjudication. (Raj. HC) Decided on: 07.08.2025

417. Maintenance pendentelite proceedings – Maintainability of – Main case dismissed in default -- Restoration application – Effect of -- Proceedings u/s 24 of the Hindu Marriage Act, 1955 are maintainable during the pendency of the proceedings as contemplated under the Hindu Marriage Act, 1955 and the liability to pay the amount will not come to an end merely because the proceedings are pending at the revisional stage, appellate stage or even in cases where the proceedings have been dismissed for want of prosecution and the restoration of the same is pending. (All. H.C.) Decided on: 07.08.2025

418. Recalling the order and providing opportunity to lead evidence -- Inherent powers -- Civil Court has inherent powers to do justice as per provision of Section 151 CPC – By impugned order defendants allowed two effective opportunities to lead evidence after recalling order -- Detailed order passed spelling out the reasons -- No merit in the revision petition, dismissed. (P&H HC) Decided on: 06.08.2025

419. Quashing of criminal proceedings -- Affidavit in support of complaint – Mandate of -- Complaint filed u/s 156(3) Cr.P.C., not being supported by a duly sworn affidavit of the complainant, suffers from a fatal procedural defect -- In the absence of such an affidavit, the complaint could not have been acted upon, and the order of the learned Magistrate directing registration of the FIR suffers from a jurisdictional error -- Rejection of the Petitioner’s discharge application, which is rooted in such procedurally defective initiation, cannot be sustained in law – Proceedings quashed. (Orissa HC) Decided on: 06.08.2025

420. Legal representatives of plaintiff – Class-II heirs impleaded as LR’s on the basis of Will – Ground that as per Section 8 of the Punjab Security of Land Tenures Act, 1956, after the death of a tenant/ plaintiff no.1, only his wife and son are entitled to inherit the tenancy rights -- Held, no illegality in the said order since the application was allowed only for the purpose of continuation of the suit -- The issue as to whether in terms of the provisions of Section 8 of the 1956 Act, plaintiff No.2 would be entitled to inherit the tenancy rights or not, would be determined by the trial Court when the suit is decided on merits -- No occasion for the trial Court to hold so at the time of dealing with an application for bringing on record the legal representative – Revision petition dismissed. (P&H HC) Decided on: 05.08.2025

421. Criminal Revision against conviction without surrender – Maintainability of – Suspension of sentence – Consideration of : I. A criminal revision petition against the judgments of conviction (as also an application for suspension of sentence, etc.) is maintainable before this High Court, without the petitioner-accused having surrendered or being in custody, in the absence of any rule in the extant Punjab and Haryana High Court Rules/Orders proscribing such maintainability. II (i) The mere maintainability of a revision petition (as also an accompanying application for suspension of sentence) does not, ipso facto, translate into its desirability; the latter is a matter of judicial discretion –– which is inexorably linked to the bona fides and overall conduct of the petitioner-accused, including the sufficiency of reasons proffered for nonappearance before the Appellate Court. (ii) Where the conduct of the petitioner-accused reflects evasion or contumacious disregard of process of law, the Court must lean against the grant of suspension of sentence, lest, it may tantamount to condoning inexplicable defiance of judicial process. (iii) No universal guidelines or parameters can possibly be enumerated for exercise of this judicial discretion by this High Court while considering such an application for suspension of sentence. (P&H HC) Decided on: 05.08.2025

422. Maintainability of Anticipatory bail after BNSS, 2023. -- The Sanhita, 2023 is upholding the importance of protecting personal liberty -- The restrictions on granting anticipatory bail under Section 438(6) of the Code (as amended by the State of Uttarakhand) are no longer in effect -- When the Parliament enacts more liberal provisions, the benefit thereof should be available to all persons who may be affected, regardless of when their cases originated -- Accused held entitled to the benefit of the more liberal provisions introduced by the Sanhita, 2023. Matter referred to a larger Bench by formulating the following question:- “Whether the provision of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 would prevail over the Uttarakhand State Amendment under Section 438 of the Code of Criminal Procedure, 1973 and since the provisions of the Sanhita, 2023 are beneficial to the accused, can it be applied with respect to earlier cases (regardless of when the case of the accused originated)?” (UK HC) Decided on: 04.08.2025

423. Transfer of petition from one Bench to other Bench of same High Court or any other High court – Jurisdiction of – Held, the Court is not vested with any such power; the petitioner for this purpose is free to approach the appropriate Forum -- Jurisdiction under Article 226 of the Constitution of India can be exercised to assess the legality and validity of orders passed by the State or an instrumentality of the State under Article 12 by seeking one of the writs or for performance of any public function -- Remedy against an order passed by learned Single Judge in civil or criminal jurisdiction is either by filing an LPA by demonstrating that the Single Bench passed the order over-stepping the jurisdictional purviews, or by approaching the Higher Court i.e. the Apex Court. (P&H HC) Reserved on: 01.08.2025 Decided on: 04.08.2025

424. Debarment from tender -- Indefinite period – Permissibility of -- Debar from participating “in future tenders in the division” -- Debarment has been recognised as a method of disciplining deviant suppliers -- An order of debarment can never be for an indefinite period -- Order of debarment dated 01.03.2023 does not specify the period for its operation -- If it is assume to be for a period of one year, the said period is over by 01.03.2024 -- If it is assumed to be for two years, even that period is over -- Under these circumstances, we can declare that period of debarment is over. (SC) Decided on: 04.08.2025

425. Election petition challenging election of Sarpanch -- Procedure before Tribunal – Framing of issues -- Neither the response has been called for nor issues have been framed – No evidence was recorded -- Tribunal proceeded to decide the election petition as if he was resolving a trivial dispute without realizing that he was dealing with democratic rights of the parties -- Order is bereft of application of mind -- Election petition has been adjudicated by passing a callous order – Impugned order not sustainable, quashed – Matter remanded back to Tribunal to decide in accordance with law. (P&H HC) Decided on: 01.08.2025

426. Juvenile -- Determination of Age – Public servant – Public record -- Public documents -- Public School-the first attended school is not a Government School -- Held, neither the Headmaster/ Principal of the first attended school nor its records would qualify as ‘public servant’ or ‘public record’ or ‘public document’ respectively -- Deposition of the School’s Headmaster, especially to the effect that the birth-date was noted as per an oral representation by Respondent No.2’s father, makes the said certificate unreliable -- Other school certificates were issued following this and therefore, meet the same fate inasmuch as they cannot be treated as correct, in the face of conflicting public records and public documents as also the Medical Report which state to the contrary -- Respondent No.2 cannot be said to have been a ‘juvenile’ on the date of the unfortunate incident. (SC) Decided on: 01.08.2025

427. Compensation in motor vehicle accident case – No fault liability/ claim -- Whether claim u/s 163A MV Act restricted to third party? -- Supreme Court Refers the Issue to Larger Bench. -- A claim under Section 163A, as per the words employed in the provision, covers every claim and is not restricted to a third party claim; without any requirement of establishing the negligence, if death or permanent disability is caused by reason of the motor accident -- This would also take in the liability with respect to the death of an owner or a driver who stepped into the shoes of the owner, if the claim is made under Section 163A dehors the statutory liability under Section 147 or the contractual liability as reduced to writing in an insurance policy -- It would override the provisions under Sections 147 & 149 along with the other provisions of the M.V. Act and the law regulating insurance as also the terms of the policy confining the claim with respect to an owner-driver to a fixed sum. -- Dictum arising from the various decisions of different benches of two Judges is that the claim under Section 163A is restricted to third party risks – Section 163A, appears under the Chapter with the heading ‘Insurance of Vehicles Against Third Party Risks’ – But the non-obstante clause is in suppression of the entire Act, the other laws in force and any instrument valid in law – Court doubted, the decisions of co-ordinate Benches of two Judges which now will have to be placed before a larger Bench -- Registry directed to place the matter before the Hon’ble the Chief Justice of India for appropriate orders. (SC) Decided on: 01.08.2025

428. Complaint for defamation – Re-tweet by accused – Report regarding tweet made or not awaiting – Effect of – Summoning of accused – Challenge to -- Accused residing beyond jurisdiction – Summoning of – Nature of enquiry -- Inquiry, as defined u/s 2(g) of the Code means, ‘every inquiry, other than a trial, conducted under this Code by a Magistrate or Court’ -- No particular mode of inquiry has been provided; the inquiry, therefore, refers to application of judicial mind by the Magistrate to the allegations in the complaint along with the statements recorded and material brought on record by way of preliminary evidence, as also to the outcome of investigation ordered or the report called for, with a view to ascertaining the offences alleged are prima facie made -- The requirement in law is an inquiry by the Magistrate into the complaint to be satisfied that the offences alleged are prima facie made out; receipt or non-receipt of a report called for after recording the evidence, cannot be the sole ground to issue or not to issue the process – Petition dismissed. (P&H HC) Decided on: 01.08.2025

429. Medical disability of employee -- Pre-mature retirement – Sustainability of -- Appellant was prematurely retired from service on medical grounds without any meaningful effort by the Respondent–Corporation to explore his suitability for alternate employment – Corporation’s omission to consider redeployment violates both statutory and constitutional obligations -- Duty to reasonably accommodate such employees is now part of our constitutional fabric, rooted in Articles 14 and 21 -- Respondent–Corporation directed to appoint the Appellant to a suitable post, consistent with his condition, and on the same pay grade as he held on 06.01.2016 – Appellant shall be entitled to 25% of the arrears of salary, allowances, and benefits from the date of his termination to the date of reinstatement -- Intervening period shall be reckoned as continuous service for all purposes. (SC) Decided on: 01.08.2025

430. Closing of evidence -- Dismissal of application to lead and conclude evidence – Challenge to -- No cogent reason given by the petitioner to explain as to why in a period of 3½ years, petitioner has been unable to conclude his evidence – Very valuable public time of the Court has been expended in affording 26-27 opportunities to the petitioner -- However, the same cannot be misused to endlessly drag the matter to the unfair advantage or disadvantage of either party -- No ground to interfere in the impugned order – Revision dismissed. (P&H HC) Decided on: 31.07.2025

431. Amendment in prayer of suit – Petitioner/ Plaintiff dispossessed during the pendency of suit -- Petitioner earlier sought relief of injunction, but now, by way of the proposed amendment, he is seeking restoration of possession in his favour, on the basis of tenancy -- Such a relief sought by the petitioner would require detailed pleadings and independent evidence – Held, proposed amendment would fundamentally change the character and nature of the case -- Civil Judge has rightly declined the application for amendment of the civil suit. (P&H HC) Reserved on: 28.07.2025 Decided on: 31.07.2025

432. Criminal breach of trust – Quashing of FIR -- It is not a case where the accused were entrusted with the subject property -- The subject property belongs to them and they had rights over it as owners with title -- Thus, the very foundation for invoking Section 406 of the IPC falls to the ground – FIR quashed. (SC) Decided on: 31.07.2025

433. Acquisition of land – Title dispute – Restitution of compensation -- Jurisdiction of civil Court -- Once the ownership and wrongful enrichment were proved, the Trial Court was well within its jurisdiction to grant full and effective relief, including restitution -- Denial of consequential reliefs despite a declaration of ownership has resulted in manifest injustice. (P&H HC) Decided on: 31.07.2025

434. Public nuisance – Dharna – Quashing of FIR -- Even if the case of the respondent-State is accepted at its face value, it cannot be concluded that the appellants, while conducting the rally and dharna, engaged in any form of obstruction of the road in a manner that led to the offences alleged -- Appellants were exercising their right to freedom of speech and expression and to assemble peacefully – No purpose will be served by continuing the prosecution -- It would have been appropriate for the High Court to have exercised the power available under Section 482 CrPC to prevent abuse of the court’s process – Appeal allowed, FIR and the proceedings quashed. (SC) Decided on: 31.07.2025

435. Mutation -- Already sold property – Appropriate remedy -- Revenue authorities refused to record name of the appellants after noticing the fact that the original person, through whom appellants-vendor claim right, had already sold his share and was not left with any land which could be transferred – Issues sought to be raised by the appellants cannot be examined in summary proceedings of mutation -- Remedy of the appellants would be to seek appropriate declaration from the competent Civil Court. (P&H HC) Decided on: 30.07.2025

436. Karewa marriage – Void marriage -- At the time of alleged Karewa Mariage between S and SR, wife of SR namely L was still alive -- It is settled law that second marriage, during subsistence of first marriage, is null and void. (P&H HC) Decided on: 28.07.2025

437. Eviction petition under Rent Act -- Religious Institution – Bar of jurisdiction -- Eviction petition instituted under the Rent Act would not be barred in view of the provisions of Section 12 of the 1998 Act. (P&H HC) Reserved on: 30.04.2025 Decided on: 28.07.2025

438. Registration of FIR -- Application under Section 156(3) CrPC – Procedure of -- Magistrate ought not to ordinarily entertain an application under Section 156(3) CrPC directly unless the informant has availed and exhausted his remedies provided under Section 154(3) CrPC, but as the Magistrate is otherwise competent under Section 156(3) CrPC to direct the registration of an FIR if the allegations in the application/complaint discloses the commission of a cognizable offence, the order so passed by the Magistrate would not be without jurisdiction and would not stand vitiated. (SC) Decided on: 25.07.2025

439. Excise matter – Protracted trial – Sentenced to already undergone -- FIR of 15.08.2001 and petitioner was put to trial in 2001, convicted and sentenced on 12.03.2005 -- His appeal was dismissed on 19.12.2007 -- Ever since then, his revision petition pending – Held, petitioner has faced the agony of trial and pendency of his appeal/ revision etc. for the last almost 24 years -- He has already undergone sentence of three months and five days -- No history of the petitioner being a previous offender -- No useful purpose would be served by sending him to custody at this stage -- Order of sentence is modified to that already undergone by the petitioner (P&H HC) Decided on: 25.07.2025

440. Public premises – Land owned by Government of India, however, placed under the management of Jalandhar Cantonment Board -- Entries made in the GLR maintained under the Cantonment Land Administration Rules is conclusive evidence of title – Land on which shop has been raised and falls within the cantonment area i.e. Survey No. 283/2512, is a 'public premises' within the meaning of Section 2 (g) of 1971 Act. (P&H HC) Decided on: 24.07.2025

441. Offence under SC/ ST Act -- Quashing of criminal proceedings by High Court – Challenge to -- Dispute occurred between two Scheduled Caste groups, and the same was not driven by caste-based malice -- There was no substantive evidence on record to reflect involvement in the matter beyond the complainant’s time-barred assertions -- Delay itself casts doubt on the credibility of the allegations made against them – No evidence on record which would indicate mala fide intention on the part of Respondent No. 2 or any connivance -- Bald allegations against the Appellant would not in itself be sustainable -- High Court’s order does not call for any interference – Appeal dismissed. (SC) Decided on: 23.07.2025

442. NDPS – Regular bail – Recovery of 254 grams heroin from main accused -- Petitioner was arrested on the basis of the disclosure statement of co-accused -- When police arrested him, another alleged recovery of 50 grams of heroin was also effected -- Petitioner is behind bars since 13.10.2023, however, out of total 11 prosecution witnesses -- Petitioner has suffered incarceration of 01 year, 09 months & 09 days -- Petitioner is involved in one another case although he is on bail in that case – Bail allowed. (P&H HC) Decided on: 23.07.2025

443. Suspension of Sarpanch – Threat of self-immolation by Sarpanch -- Resorting to self-harm as a means of protest is neither a recognised form of legal redress nor can it be countenanced in a constitutional democracy -- Prima facie, this amounts to mis-conduct in the discharge of her duties and her continuance in the office is un-desirable in the public interest in terms of Section 51(3)(e) of the 1994 Act -- In terms of Section 51(1)(b) of the 1994 Act, the Deputy Commissioner was justified in ordering suspension of petitioner from the post of Sarpanch – Suspension order upheld. (P&H HC) Decided on: 22.07.2025

444. Employment Assistance Scheme to the dependents of Government Servants (H.P.) -- Death of Home Guard – Compassionate appointment – Right of -- When the job performed by Home Guards has been assessed to be purely of temporary nature, it will not be prudent to hold their dependents entitled to benefit under Compassionate Appointment Scheme -- Dependents of a Home Guard cannot raise claim for permanent job, when the Home Guard himself renders only a voluntary and temporary job -- Dependents of Home Guard cannot claim right to any Government service having larger scope than the nature of job held by the Home Guard – Petition dismissed. (H.P. HC) Reserved on: 09.7.2025 Decided on: 21.07.2025

445. Proof of Will -- Legal Principles -- A Will has to be proved like any other document subject to the requirements of Section 63 of the Act, 1925 and Section 68 of the Act, 1872, that is examination of at least of one of the attesting witnesses -- However, unlike other documents, when a Will is propounded, its maker is no longer in the land of living -- This casts a solemn duty on the Court to ascertain whether the Will propounded had been duly proved -- Onus lies on the propounder not only to prove due execution but dispel from the mind of the court, all suspicious circumstances which cast doubt on the free disposing mind of the testator -- Only when the propounder dispels the suspicious circumstances and satisfies the conscience of the court that the testator had duly executed the Will out of his free volition without coercion or undue influence, would the Will be accepted as genuine. (SC) Decided on: 17.07.2025

446. Power of Registrar – Correct or cancel entry in the Register -- No allegation that the initial entry made in the birth records, recording the petitioner as the father of the child, was fraudulently or improperly made -- Marriage between the petitioner and the 7th respondent was in subsistence when the child was born -- Recital in Ext.P3 agreement, wherein it is stated that the 8th respondent is the biological father of the child -- This recital is seriously disputed by the petitioner, who states that the said recital is a unilateral statement of the 7th respondent -- Above fact is a seriously disputed question, which is beyond the adjudicatory powers of a Registrar in summary proceedings under Section 15, read with Rule 11. (Kerala HC) Decided on: 17.07.2025

447. Murder – Death sentence converted to life sentence till last breath -- Appellant-convict had barbarically murdered his family members – Probation report concludes that: Appellant-convict has the ability to adapt, engage in constructive activities, pursue an education despite past difficulty, continued worry about his daughter’s future, shows a notable capacity for reform and personal growth – Appellant-convict’s continued incarceration has had a negative impact on daughter, who is really struggling to cope with life – Interactions with her, threw light on a gentle, loving side of the Appellant-convict – Possibility of reformation; as a criteria, apply to the instant case – It can be said that there is mixed opinion on whether he shall or shall not be able to reform his way, the Court will err on the side of caution just as when there are two possible interpretations of a given set of facts or circumstances, the one that favours the accused is to be adopted – Death penalty may not be appropriate – Appellant should spend his days in jail attempting to repent for the crimes committed by him – Appeals are partly allowed to the extent that he is released from death row – Instead, he shall await his last breath in prison, without remission. (SC) Decided on: 16.07.2025

448. Summoning of additional accused -- High Court proceeded to conduct a mini trial -- It erred in giving a categorical finding on the merits -- High Court erred in observing that witnesses have stated nothing about the motive of the crime; that the depositions are silent on the aspect of common intention; absence of the manner or sequence of occurrence of the incident; or that it cannot be inferred who is the aggressor -- All these questions, amongst others, are relevant or not is a matter to be considered at the stage of final adjudication -- It is a settled law that the power under Section 319 CrPC must be exercised sparingly -- However, where the evidence reveals the complicity of the prospective accused, it becomes obligatory for the authority to exercise the power provided under the said Section -- Summoning order passed by the Trial Court restored. (SC) Decided on: 16.07.2025

449. Divorce – Irretrievable breakdown of marriage -- Cruelty – Acquittal in criminal case -- Long separation -- Parties separated just one year after their marriage and have remained apart ever since for more than 16 years -- Additionally, in the criminal proceedings initiated by the respondent under Sections 498A/406/34 of the IPC, the appellant and his family members have been acquitted, which demonstrates that the allegations of cruelty and dowry harassment against the appellant were false -- Welfare and dignity of both the spouses must be prioritized -- Court finds it a fit case to exercise its power under Article 142 of the Constitution and granted the relief of divorce to the parties on the ground of irretrievable breakdown of marriage -- Appellant is working as a clerk in a private firm and the respondent is a homemaker who is independently taking care of their minor son aged 16 years -- Appellant ordered to pay composite monthly maintenance of Rs. 15,000/- to the respondent and their child. (SC) Decided on: 15.07.2025

450. DNA Evidence – Procedure to be followed – Directions issued, in all cases where DNA Evidence is involved: 1. The collection of DNA samples once made after due care and compliance of all necessary procedure including swift and appropriate packaging including a) FIR number and date; b) Section and the statute involved therein; c) details of I.O., Police station; and d) requisite serial number shall be duly documented. The document recording the collection shall have the signatures and designations of the medical professional present, the investigating officer and independent witnesses. Here only we may clarify that the absence of independent witnesses shall not be taken to be compromising to the collection of such evidence, but the efforts made to join such witnesses and the eventual inability to do so shall be duly put down in record. 2. The Investigating Officer shall be responsible for the transportation of the DNA evidence to the concerned police station or the hospital concerned, as the case may be. He shall also be responsible for ensuring that the samples so taken reach the concerned forensic science laboratory with dispatch and in any case not later than 48-hours from the time of collection. Should any extraneous circumstance present itself and the 48-hours timeline cannot be complied with, the reason for the delay shall be duly recorded in the case diary. Throughout, the requisite efforts be made to preserve the samples as per the requirement corresponding to the nature of the sample taken. 3. In the time that the DNA samples are stored pending trial appeal etc., no package shall be opened, altered or resealed without express authorisation of the Trial Court acting upon a statement of a duly qualified and experienced medical professional to the effect that the same shall not have a negative impact on the sanctity of the evidence and with the Court being assured that such a step is necessary for proper and just outcome of the Investigation/Trial. 4. Right from the point of collection to the logical end, i.e., conviction or acquittal of the accused, a Chain of Custody Register shall be maintained wherein each and every movement of the evidence shall be recorded with counter sign at each end thereof stating also the reason therefor. This Chain of Custody Register shall necessarily be appended as part of the Trial Court record. Failure to maintain the same shall render the I.O. responsible for explaining such lapse. The Directors General of Police of all the States shall prepare sample forms of the Chain of Custody Register and all other documentation directed above and ensure its dispatch to all districts with necessary instruction as may be required -- States requested to examine the necessity of conducting training of the Investigating Officers to ensure full compliance. (SC) Decided on: 15.07.2025