1. Constitution of India, Article 233 (2) – Appointment of Additional District Judge – Direct recruitment process/ Advocate Quota – Eligibility of Judicial officer – Reference answered: (i) Judicial Officers who have already completed seven years in Bar before they were recruited in the subordinate judicial service would be entitled for being appointed as a District Judge/Additional District Judge in the selection process for the post of District Judges in the direct recruitment process; (ii) The eligibility for appointment as a District Judge/Additional District Judge is to be seen at the time of application; (iii) Though there is no eligibility prescribed under Article 233(2) for a person already in judicial service of the Union or of the State for being appointed as District Judge, in order to provide a level playing field, direction given that a candidate applying as an in-service candidate should have seven years’ combined experience as a Judicial Officer and an advocate; (iv) A person who has been or who is in judicial service and has a combined experience of seven years or more as an advocate or a Judicial Officer would be eligible for being considered and appointed as a District Judge/Additional District Judge under Article 233 of the Constitution; (v) In order to ensure level playing field, further direction given that the minimum age for being considered and appointed as a District Judge/Additional District Judge for both advocates and Judicial Officers would be 35 years of age as on the date of application. (vi) It is held that the view taken in the judgments of this Court right from Satya Narain Singh (1985) 1 SCC 225 till Dheeraj Mor (2020) 7 SCC 401, which take a view contrary to what has been held hereinabove do not lay down the correct proposition of law. The reference answered accordingly Consequently, all such rules framed by the State Governments in consultation with the High Courts which are not in accordance with the aforesaid answers shall stand quashed and set aside -- It is directed that all the State Governments in consultation with the High Courts shall frame/amend the rules in accordance with what has been held by us hereinabove, within a period of three months. (SC) Decided on: 09.10.2025

2. Release of murder convict / child after completion of three year custody – Writ jurisdiction – Incident of 2nd November, 1981 -- Petitioner was 12 years 5 months old on the date of the incident -- Sessions Court recorded conviction against the petitioner by taking aid of Section 149 of the IPC -- Purpose for which the Sessions Court directed the petitioner to be kept in a children’s home is no longer feasible now – Petitioner absconded and could be arrested only on 19th May, 2022, and is still in custody -- On the plain terms of Section 7-A, the courts are under an obligation to consider the plea of juvenility and to grant appropriate relief if, at all, in an enquiry it is found that the convict was a juvenile on the date of offence -- Petitioner’s date of birth and his age as on date of the offence are not disputed by the respondent and, thus, no enquiry is needed to ascertain his age -- Petitioner having been behind bars for more than 3 years, his liberty has been curtailed not in accordance with procedure established by law -- Breach of the right guaranteed by Article 21 is writ large and, hence, the benefit of release from detention ought to be extended -- Petitioner ordered to be released, if not wanted in any other case – Writ petition allowed. (SC) Decided on: 09.10.2025

3. Termination – Violation of Natural justice -- Marks in vacation subject – Value of -- Three Intermediate Trained Teachers terminated after the authorities excluded marks obtained in vocational subjects while calculating their total percentage – Held, marks secured in the vocational subject is a way for a candidate to improve his/her overall percentage of marks -- A vocational subject, though optional, would place an additional burden on an examinee which he/she shoulders in the fervent hope of improving his/her overall percentage. (SC) Decided on: 09.10.2025

4. Commercial suit – Written statement not filed – Right to cross-examine survives -- After the examination-in-chief of PW1 was closed, the cross-examination of Defendant no. 1 was taken as “Nil” by the Trial Court on the ground that defendant had failed to file their written statement within stipulated time -- Said reason is absolutely perverse and is contrary to the right of defence available to the defendant -- Purpose of cross-examination is to elicit the truth from the witness and impeach its credibility -- When the WS was not allowed to be taken on record, the denial of the right to cross-examine cannot be taken away. Ranjit Singh’s case 2024 INSC 724 relied. (SC) Decided on: 08.10.2025

5. Conviction in cheque bounce complaint – Compromise at revision stage – Setting aside of conviction/ sentence -- Acquittal -- In case of dishonour of cheque, accused convicted, there is no stage prescribed for compounding of offence -- Petitioner permitted to compound the offence -- Considering the mitigating circumstances of the petitioner cost reduced to Rs.5,000/- -- Judgment of conviction/ order of sentence recorded by the trial Court and affirmed by the appellate Court set aside -- Petitioner acquitted. (P&H HC) Decided on: 01.10.2025

6. Cheque bounce complaint -- Jump of bail – Proclaimed person – Primary object of every Court is only to examine the commission of crime in question before it viz-a-viz the person/ accused, who is subjected to such proceedings, and if possible justice be imparted at the earliest without unnecessary delay -- Not expected that undue time would be devoted in securing the presence of absconded accused and also to waste energy by enforcing the special mechanism to arrest such accused -- When the petitioner came to know about passing of the impugned order, the petitioner immediately moved the petition, showing his inclination to submit himself before the trial Court – Impugned order set aside to the extent of declaring the petitioner as ‘proclaimed person’ -- Petitioner ordered to be released on bail. (P&H HC) Decided on: 01.10.2025

7. Additional evidence -- Documents which respondent-plaintiff is allowed to be proved by way of additional evidence are mutations and copy of amended site plan along with mutation which is official record and cannot be manipulated and as regards site plan is concerned, the same is also on record and it will definitely help the Court in arriving at the just conclusion and to effectively dispose of the litigation between the parties – Held, the learned Civil Judge has not exercised the jurisdiction in perverse manner and has not committed any material illegality or irregularity warranting interference by this Court -- Finding no merits, revision petition dismissed. (P&H HC) Decided on: 30.09.2025

8. Appointment of Lambardar – Ld. Single Judge by giving details of both the candidates has found that the respondent No.4 was better suited than the appellant coupled with the fact that respondent No.4 has been working for the last 28 years, it will not be in the interest to dislodge the respondent No.4 from the said post -- No perversity in the impugned judgment passed by the learned Single Judge -- Mere passage of time can, on occasion, give rise to judicial discretion to be exercised by the Courts, which has rightly been exercised by the learned Single Judge – Respondent No.4 is more educated than the appellant and both almost are having same land holding in the village and respondent No.4 has worked as Sarbara Lambardar at the time when he was appointed -- LPA dismissed. (P&H HC) Decided on: 29.09.2025

9. Appointment of Lambardar – Age – Land holding -- Appointed candidate/ Respondent No.4 has the land in the village of which he has been appointed as Lambardar and his name was recommended by the Tehsildar as well as by the Sub Division Magistrate, which was accepted by the all the authorities, whereas no land is owned by the appellant in the village -- Appellant is 24 years of age and respondent No.4 is 30 years of age -- Six years difference between the age is not such that it will tilt the pendulum in favour of the appellant -- No ground made out for interference – LPA dismissed. (P&H HC) Decided on: 29.09.2025

10. Culpable homicide not amounting to murder -- Evidence of PW-1 reveal that even though the accused appellants were having sharp weapons (pike, spear, etc.), they had only used the blunt side of the said weapons -- PW-2 son of deceased turned hostile -- Medical evidence would also show that all the three deceased persons had lacerated and contused wounds only and there were no incised wounds -- No material on record to show that they had the intention to kill them -- There was prior enmity over the measurement of agricultural fields -- Conviction u/s 302 IPC would not be tenable and is liable to be converted to one under Section 304 Part I of IPC – Accused/ appellants have already undergone sentence of more than 12 years – Sentence reduced to already undergone. (SC) Decided on: 26.09.2025

11. Compensation in motor vehicle accident case -- Not permissible in law for the High Court to apply the parameters under Workmen’s Compensation Act, 1923 regarding fixing of income when the compensation was assessed and fixed by the Tribunal in a claim petition under Section 166 of the M.V. Act by applying principles under the said Act. (SC) Decided on: 26.09.2025

12. Compensation in motor vehicle accident case -- Injury case – Death of injured – Right of Legal Heirs – Right to claim compensation for the injuries caused in a motor vehicle accident survives on the legal representatives of the injured even if the injured dies in the course of the proceedings for reasons not relatable to or having any nexus with the injuries sustained. (SC) Decided on: 26.09.2025

13. Compensation in motor vehicle accident case -- Proof of accident -- Registration of FIR -- It is on preponderance of probabilities that the proof of accident is looked at in a motor accidents claim -- An FIR registered as against the driver of the offending vehicle can be relied on to find the accident having been caused by the driver of the offending vehicle, that too by his rash and negligent driving as reported at the first instance -- However, the preponderance of probabilities that arise from such an FIR registered would not have the same probity if there is a valid suspicion raised on the registration of the FIR and the falsity of the claim being clearly discernible from the evidence led itself. (SC) Decided on: 26.09.2025

14. Abetment to suicide – Anticipatory bail -- Deceased is husband of the petitioner -- No suicide note had been recovered -- Petitioner was having matrimonial discord and was residing separately from the deceased husband since the last about one year -- Deceased tried to commit suicide about six months ago also -- No such allegation that the deceased immediately consumed poisonous substance after alleged quarrel at his in-laws’ house at Kathua itself -- Custodial interrogation of the petitioner is not required for any purpose and nothing is to be recovered from her -- No useful purpose would be served by sending the petitioner behind the bars – Bail allowed. (P&H HC) Decided on: 26.09.2025

15. Civil suit pending – Maintainability of Writ petition -- Writ petition is not maintainable, dismissed -- Dismissal would have no bearing on the pending civil suit. (P&H HC) Decided on: 26.09.2025

16. Motive -- Disclosure statement – Reliance upon -- For drawing an inference pertaining to motive, the trial Court relied upon the document which was a disclosure made by respondents -- Manifestly, the use of the said document was limited to the extent permitted u/s 27 of the Indian Evidence Act, 1872 -- Inculpatory narrative recited therein could not have been used to draw any inference regarding motive, which was required to be established from substantive evidence. (SC) Decided on: 26.09.2025

17. Quashing of FIR -- Parameters -- If the allegations made in the FIR or the complaint, even when taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out any case against the accused, quashing of the proceedings would be justified. (SC) Decided on: 26.09.2025

18. Compensation in motor vehicle accident case -- Appellant 20 years aged was a final year B.Com student who had also enrolled with the Institute of Chartered Accountants of India rendered immobile with paraplegia for reason of the fracture of C4-5 -- Tribunal adopted an income of Rs.3,339/- per month being the minimum wages -- Court not convinced that the Minimum wages would be determined on the basis of the educational qualification alone without reference to the nature of work carried on – Held, even if he had not obtained the certificate as a Chartered Accountant, upon graduation, he could have been employed as an Accountant, who would have, on any reasonable estimate, received an amount of Rs.5,000/- as monthly income in the year 2001 -- 40% future prospects given with multiplier of 18 -- Loss of income for the 100% disabled paraplegic would be Rs.15,12,000/- (Rs.5,000/- x 140% x 12 x 18) – With medical expenses of Rs.11,22,356/- compensation totalling to Rs.40,34,356/- -- Total award carrying interest @ 9% per annum from the filing of the petition till realisation -- In addition, Rs.20 lakhs as future medical expenses incurred by the parents awarded. (SC) Decided on: 26.09.2025

19. Compensation in motor vehicle accident case – Principle of Pay and recover – Invalid Driving licence -- On the date of accident, the driver had no valid license and the licence was not renewed -- Insurance company was entitled to take a valid defence in that regard u/s 149 (2)(a)(ii) as the driver of the offending vehicle was not duly licensed, to avoid its liability to pay the compensation -- Conditions in law are satisfied to absolve the insurance company from the payment of compensation -- It is only proper that the insurer be directed to satisfy the award, which however can be recovered by the insurer from the insured-owner of the vehicle -- Appeal allowed. (SC) Decided on: 24.09.2025

20. Departmental punishment – Writ jurisdiction -- Scope of interference while exercising jurisdiction under Articles 226/227 of the Constitution of India in disciplinary proceedings is very limited -- Court has no power to look into quantum of sentence/punishment unless and until Court finds that sentence awarded is disproportionate to alleged offence -- Court while exercising its jurisdiction under Article 226 of Constitution of India can look into the procedure followed by authorities, in case, it is found that enquiry officer or disciplinary authority has not considered any evidence on record or misread the evidence or procedure as prescribed by law has not been followed, the Court can interfere. (P&H HC) Decided on: 22.09.2025

21. Conviction in cheque bounce complaint -- Compromise -- Acquittal – Non-appearance of complainant – Compounding of offence -- Dispute resolved before the Mediation and Conciliation Centre and the report submitted by the Mediator -- Matter was adjourned on numerous occasions mostly on account of non-appearance on behalf of respondent No.1 -- Amount of Rs.1,10,000/-, as agreed between them, already stands paid to respondent No.1- complainant -- Non-appearance on behalf of the respondent No.1- complainant is nothing but delaying tactics for finalization of proceedings -- Offence u/s 138 of the N.I. Act, 1881 permitted to be compounded under Section 147 of the Act -- Judgment of conviction and order of sentence set aside -- Petitioner acquitted. (P&H HC) Decided on: 19.09.2025

22. Pronote – Proof of – Plaintiff/ PW-1 reiterated the facts stated in the plaint -- PW-2 deposed that the pronote and receipt were written by him at the request of the defendant and further stated that the documents were duly read over and explained to the defendant, who, after understanding and acknowledging the contents to be correct and upon receiving Rs. 3,00,000/- in cash, affixed his signatures thereon -- Attesting witness to the pronote and receipt was also examined as PW-3, his testimony is in line with the assertions made by PW-1 and PW-2 -- PW-3 further affirmed that the defendant signed the documents in his presence and that he could identify the signatures of both the plaintiff and the scribe -- Defendant has not denied his signatures on the pronote and receipt, he merely pleaded that the documents were blank at the time of signing and that his signatures were obtained under a false pretext -- Plaintiff examined a handwriting and finger print expert as PW-5, who confirmed that the signatures on the pronote and receipt (Ex. P-1 and P-2) were indeed those of the defendant -- Both the Courts below have rightly found the execution of the pronote and receipt to be duly proved (P&H HC) Reserved on: 17.09.2025 Decided on: 19.09.2025

23. Partition of land – Change of land use – Chahi to Gair Mumkin -- Licence to develop residential colony -- Grant of license by itself merely indicated an intention to develop a colony and could not ipso-facto alter the revenue character of the land from Chahi to Gair Mumkin -- Since the occupation certificate dated 15.12.2017 did not concern the suit land, there was in fact no material to justify the conclusion that the land had ceased to be Chahi and had become Gair Mumkin -- An injunction being an equitable relief, the party seeking it must approach the Court with clean hands -- As the appellant-plaintiff is guilty of misrepresenting a material fact, the learned First Appellate Court rightly declined to grant the injunction. (P&H HC) Reserved on: 09.09.2025 Decided on: 19.09.2025

24. POCSO – Rape – Sexual assault -- Regular bail -- Applicant is in judicial custody since 02.06.2025 -- Alleged victim and the informant, the father of the alleged victim, have not supported the case of the prosecution – Held, bail is the rule and committal to jail is an exception -- Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India -- Object of keeping the accused person in detention during the trial is not punishment -- Main purpose is manifestly to secure the attendance of the accused -- No reason found to keep the applicant behind the bars for an indefinite period – Bail allowed. (UK HC) Decided on: 17.09.2025

25. Pronote – Execution of -- Allegation of forgery – Proof of – Suit for recovery decreed by learned Courts below -- Marginal witnesses PW2 and PW3 had duly proved that after taking the amount, the defendant had executed Pronote Ex.P1 in favour of the plaintiff and Receipt Ex.P2 -- Defendant has not even denied his signatures on the Pronote and Receipt -- Defendant had not moved any complaint before any police authorities or any other higher authorities against the plaintiff for the alleged forgery and fabrication of the Pronote -- Very fact that the cousin of the appellant/ defendant is deposing against the appellant, would prove the case against the appellant -- Defendant led no evidence to prove the alleged forgery -- No ground is made out to interfere in the concurrent judgments and decrees of the learned Courts below -- Regular Second Appeal dismissed. (P&H HC) Decided on: 17.09.2025

26. Suit for recovery – Pronote & Receipt – Proof of -- Plaintiff-respondent himself duly appeared in support of his case -- Both the attesting witnesses examined as PW2 and PW3 -- Scribe of pronote and receipt who is an Advocate as PW4, who duly asserted that on the instance of defendant he had scribed the original pronote and receipt and got it typed in the presence of the parties -- He further asserted that the same was read over to defendant and after admitting the same to be correct, he had signed in his presence as well as in presence of witnesses after receiving Rs. 12,00,000/- – Appellant-defendant not denying his signatures over the pronote and receipt – His claim is that plaintiff has forged the pronote and receipt – Mere oral self-serving statement of appellant-defendant is not sufficient to conclude and throw the evidence of plaintiff-respondent, attesting witnesses and scribe who in a consistent manner had asserted due execution of pronote and receipt by appellant-defendant. (P&H HC) Decided on: 17.09.2025

27. Appointment of Lambardar – JBT Teacher – Candidature of – Contention that that respondent No.6 is working as a JBT Teacher and is not available to perform his functions as Lambardar, which should have been treated as a disqualification – Held, once, the said pleaded ‘disqualification’ is not pre-requisite under governing the Rules, merely on the asking of the appellant, the same cannot be treated as disqualification -- For the last 15 years, respondent No.6 has been performing the duties of the post of Lambardar, no complaint has been received that he was not available to discharge the duties of the post as and when required -- Contention of the appellant cannot be accepted – Appeal dismissed. (P&H HC) Decided on: 17.09.2025

28. Sale deed by impersonation – Conspiracy – Protracted trial – Sentence reduced -- Prime accused in conspiracy with the petitioners secured attestation and registration of the sale deed -- Role of Petitioners as Lambardar and co-villager was not passive but active in facilitating the fraudulent transaction – Principal beneficiary expired does not exonerate the petitioners of liability -- Criminal conspiracy u/s 120-B of the IPC is an independent offence, and once participation is proved, conviction can stand irrespective of the status of other conspirators -- Held, both the Courts below rightly held the petitioners guilty u/s 120-B of the IPC -- Petitioners have been facing trial since 1998 and are not involved in any other case -- Considering the protracted proceedings, their age, and the fact that they have already suffered the ordeal of litigation for more than two decades, sentence reduced to the period already undergone by them. (P&H HC) Decided on: 17.09.2025

29. Appointment of Lambardar -- Hereditary claim -- Sarbraha Lambardar -- Only argument that the petitioner is son of previous deceased Lambardar (SC) and also remained Sarbraha Lambardar and therefore, he deserves preference for appointment to the post of Lambardar -- Held, hereditary claim in the matter of appointment of Lambardar is ultra vires of the Constitution and preference to a candidate on the ground that he has remained a Sarbarah Lambardar would tantamount to give preference to hereditary claim – All the courts below concurrently found respondent No. 6 as a better and suitable candidate for appointment to the post of Lambardar inasmuch as that he is younger in age and more educated than the petitioner -- No compelling reasons to interfere in the impugned orders and finding no merit, the instant civil writ petition is accordingly dismissed. (P&H HC) Decided on: 17.09.2025

30. Appointment of Local Commissioner -- Plaintiff asserted that his land is situated adjoining the disputed rasta (pathway), which is duly recorded as a rasta in the revenue records and defendants are restraining him from using the said rasta seeking decree of mandatory and permanent injunction – Defendants’ case is that the suit rasta forms part of their private property and no public pathway exists at the spot and entries in the revenue record were erroneous and have since been rightly rectified – Appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be dis-allowed -- Appointment of the Local Commissioner was made with the limited objective of ascertaining the existing status of the property on the spot, and not for the purpose of collecting evidence – Learned Court of first instance has recorded its due satisfaction while appointing the Local Commissioner -- Order, upheld. (P&H HC) Decided on: 17.09.2025

31. Theft – Common intention – Anticipatory bail -- Three co-accused were arrested -- Stolen property was recovered from arrested co-accused -- They told that applicant was also involved in the said offence -- Two arrested persons have already been granted bail -- Applicant is not a convicted person -- Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case – Bail allowed. (UK HC) Decided on: 17.09.2025

32. POCSO -- Rape – Sexual assault – Compromise quashing of FIR -- Applicant and the respondent no.2/ victim solemnized their marriage and their marriage has been registered – Held, though High Court would normally be hesitant to quash the proceedings u/s 376(3) of IPC and Section 3(a) read with Section 4 of POCSO, but, it is noticed that the applicant and the informant got married and they are living happily – if the proceedings are allowed to continue, it would amount to denial of complete justice to the parties -- Inherent jurisdiction should be exercised to do real and substantial justice – Application allowed and the entire proceedings quashed. (UK HC) Decided on: 16.09.2025

33. Long pendency of cheque bounce complaint – Petition seeking direction to decide expeditiously – Complaint is pending since 2020 – Petition allowed, Ld. Additional Chief Judicial Magistrate directed to expedite the proceedings and conclude the proceedings as per law as expeditiously as possible without granting any unnecessary adjournment to the parties. Indian Bank Association’ case (2014) 5 SCC 590 relied. (UK HC) Decided on: 16.09.2025

34. Fire arm case -- Anticipatory bail – After seeing the police, three persons ran away from the spot while the co-accused was arrested by the police and recovered eight pistols and sixteen magazines from his possession – Disclosure statement that applicant was also among those who fled from the spot and he also had pistol -- Co-accused granted regular bail by the Ld. Sessions Judge – Held, personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case – Anticipatory bail allowed. (UK HC) Decided on: 16.09.2025

35. POCSO – Kidnapping – Compromise quashing of FIR -- Applicant and the respondent no.3/ victim solemnized marriage on 15.07.2023 and their marriage has been registered -- A male child, aged about one year three months, is born out of their wedlock -- Though this Court would normally be hesitant to quash the proceedings under Section 363 of the IPC and the proceedings under the provisions of the Act, 2012, but the applicant and the victim got married and they are living happily -- In case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties -- Inherent jurisdiction of this Court should be exercised to do real and substantial justice -- Entire proceedings quashed. (UK HC) Decided on: 16.09.2025

36. Writ seeking direction to decide proceedings u/s 2 of 1939 Act expeditiously -- Additional Judge, Family Court directed to expedite the said case and conclude the proceedings as per law and as expeditiously as possible without granting any unnecessary adjournment to the parties. (UK HC) Decided on: 16.09.2025

37. NDPS – Regular bail -- Applicant was sitting on a cot in a hut -- Police recovered 24.10 gm. smack (heroin) in the polythene from the spot -- Applicant fled from the spot -- FIR registered on 17.07.2025 and the applicant surrendered before the Magistrate on 02.08.2025 -- 5 gm of heroin is small quantity and greater than 250 gm is commercial quantity -- Object of keeping the accused in detention during the investigation is not punishment -- Main purpose is manifestly to secure the attendance of the accused – Bail allowed. (UK HC) Decided on: 16.09.2025

38. Challenge to Waqf (Amendment) Act, 2025 (14 of 2025) – Stay of provisions of law : In the totality of the circumstances, Court do not find that any case is made out to stay the provisions of the entire statute. The prayer for stay of the impugned Act rejected. However, while doing so, in order to protect the interest of all the parties and balance the equities during pendency of this batch of matters, following directions issued: (i) Part of clause (r) of Section 3 of the Amended Waqf Act “any person showing or demonstrating that he is professing Islam for at least five years” shall stand stayed until the rules are framed by the State Government for providing a mechanism for determining the question as to whether a person has been practicing Islam for at least five years or not. (Para 209 (i)) (ii) Proviso to sub-section (2) of Section 3C of the Amended Waqf Act, which reads “Provided that such property shall not be treated as waqf property till the designated officer submits his report.” and the provisions of sub-sections (3) and (4) of Section 3C of the Amended Waqf Act, which read thus: “(3) In case the designated officer determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government. (4) The State Government shall, on receipt of the report of the designated officer, direct the Board to make appropriate correction in the records.” shall stand stayed. (iii) Unless the issue with regard to title of the waqf property in terms of Section 3C of the Amended Waqf Act is not finally decided in the proceedings initiated under Section 83 of the Amended Waqf Act by the Tribunal and subject to further orders by the High Court, neither the waqfs will be dispossessed of the property nor the entry in the revenue record and the records of the Board shall be affected. However, upon commencement of an inquiry under Section 3C of the Amended Waqf Act till the final determination by the Tribunal under Section 83 of the Amended Waqf Act, subject to further orders of the High Court in an appeal, no third-party rights would be created in respect of such properties. (iv) Central Waqf Council constituted under Section 9 of the Amended Waqf Act is concerned, it shall not consist of more than 4 non-Muslim members out of 22. Equally, insofar as the Board constituted under Section 14 of the Amended Waqf Act is concerned, it is directed that it shall not consist of more than 3 non-Muslim members out of11. (v) Court not inclined to stay the provision of Section 23 of the Amended Waqf Act – Direction given that as far as possible, an effort should be made to appoint the Chief Executive Officer of the Board who is the ex-officio Secretary from amongst the Muslim community; Observation above is upon prima facie consideration for the purpose of examining as to whether an interim stay should be granted or not to the impugned Act or the provision(s) contained therein. The observations made hereinabove will not prevent the parties from making submissions with regard to the validity of the provisions contained in the Amended Waqf Act or any of the provision(s) therein. (SC) Decided on: 15.09.2025

39. Cheating – Delay in lodging FIR for about 5 years -- Quashing of FIR/ Charge-sheet/ criminal proceedings -- No allegation in the First Information Report or the chargesheet indicating either expressly or impliedly any intentional deception or fraudulent/ dishonest intention on the part of the appellants right from the time of making the promise or misrepresentation -- Mere vague allegations that the appellants failed to provide a product of a particular specification and failed to replace the faulty machines -- Delay in lodging of the FIR, coupled with the vague allegations do not inspire the confidence of the Court to allow the criminal proceedings to continue against the appellants -- Complainant had an alternative remedy of filing a civil suit claiming damages -- Criminal law ought not become a platform for initiation of vindictive proceedings to settle personal scores and vendettas -- Prosecution against the appellants are unsustainable -- Impugned order of the High Court set aside and consequently, the FIR, the chargesheet and all consequent proceedings initiated pursuant thereto quashed. (SC) Decided on: 15.09.2025

40. Termination of service after conviction u/s 195A, 305, 506B IPC – Later acquittal in graver offence – Re-consideration of terminal benefits -- High Court set aside the conviction u/s 305 IPC and conviction under section 195-A now set aside -- Only the conviction for the offence u/s 506-B IPC survives – Held, in such circumstances, interests of justice would be best served if the respondent-State considers the matter of termination of service of “A” de novo and decides, whether for his conviction only u/s 506-B IPC, the right to terminal benefits accruing for rendering three decades of service would stand forfeited for all times to come -- Government to consider the matter upon taking into account the financial status of the appellant no.1 and her liability, if any, adopting a humanitarian approach preferably within three months from date. (SC) Decided on: 15.09.2025

41. One Time Settlement Scheme, 2020 -- Whether the High Court erred in its interference with the order of rejection of the respondent’s application under the OTS 2020 Scheme and directing reconsideration thereof – Held, the High Court was not justified in its interference with the order of rejection : (SC) Decided on: 15.09.2025

42. Counter claim by defendant – Nature of – Right of -- A defendant may assert any right or claim against the plaintiff before the filing of the written statement, even if such cause of action is unrelated to the plaintiff’s suit -- Only limitation is that the counter-claim must lie within the pecuniary jurisdiction of the court -- Such a counter-claim is treated as a cross-suit and is governed by the rules applicable to plaints, including the obligation to disclose the cause of action and pay requisite court fees -- Legislative intent is to avoid multiplicity of proceedings by allowing both the original suit and the counterclaim to be tried and disposed of in a single trial, thereby avoiding prolonged and protracted litigation -- Rule 6A provides that counter-claim shall be against the claim of the plaintiff and such right or claim shall be in respect of cause of action accruing to defendant against the plaintiff. (SC) Decided on: 12.09.2025

43. Family pension – Excess payment – Recovery of -- Excess payment was made from July’ 2008 to 2019 and there was no connivance, misrepresentation, fraud or mischief on the part of the petitioner -- She further submits that it was lapse of the system which was introduced in 2006 -- Petitioner is a widow and she is getting family pension – Writ petition allowed, respondent-bank ordered to not effect further recovery. (P&H HC) Decided on: 12.09.2025

44. Compensation in motor vehicle accident case – Defence struck off -- Petitioner is appearing in person and could not file the reply in time because of communication gap as well as lack of knowledge -- A lis should be decided on merits rather than on technicalities -- Justice demands that one last effective opportunity is required to be granted to the petitioner to file his written statement -- One last opportunity granted to the petitioner to file written statement subject to payment of Rs.5,000/-. (P&H HC) Decided on: 12.09.2025

45. NDPS – Regular bail -- Commercial quantity – Habitual offender -- Bail application of the petitioner cannot be rejected solely on the ground that the petitioner is involved in other/another case -- Prolonged detention without any likelihood of the trial being concluded in the near future, would amount to a violation of their fundamental rights guaranteed under Article 21 of the Constitution of India – Petitioner is in custody for the last more than 01 year and 06 months -- Trial may take a long time to conclude -- Bail allowed. (P&H HC) Decided on: 12.09.2025

46. Search, inspection and seizure – Warrants – Mandate of -- Entire proceedings from search to seizure are illegal and unsustainable, as neither a warrant was obtained nor reasons recorded for search, inspection, or seizure -- Mandatory safeguards u/s 15 of the 2009 Act, and Sections 165, 100(4) and 100(5) Cr.P.C were disregarded -- The 2009 Act itself contemplates action against officials violating its provisions u/s 42 and 43 – Compliance with statutory procedures, including recording “reasons to believe” before initiating search or seizure, is incumbent upon officials; non-compliance renders the action futile and results in arbitrary excise of authority. (SC) Decided on: 12.09.2025

47. Cheating -- Forgery -- To attract offence of Section 468 IPC, the prosecution must establish that the accused made a false document within the meaning of Section 464 IPC, with intent to cheat -- Likewise, Section 471 IPC requires proof that the accused used a forged document as genuine, knowing or having reason to believe it to be forged at the time of its use. (SC) Decided on: 11.09.2025

48. Registration of FIR – Cognizable offence – Duty of Police -- Once information relating to commission of a cognizable offence is given to the officer-in-charge of a police station, the investigative machinery is required to be set in motion -- It is mandatory to record the substance of the information in a book to be kept by the officer in the prescribed form -- It is mandatory to register an FIR. (SC) Decided on: 11.09.2025

49. Rent laws -- Tenant-landlord relationship – Ownership of land lord – Tenants’ right to challenge -- Tenant having come into possession of the tenanted premises by a rent deed executed by the earlier landlord, cannot turn around and challenge his ownership -- Predecessor of the defendants and the defendants, after their father’s death had been paying rent to the R.D. -- Dispute regarding the title of R.D. could not have been raised by the tenant who had come into the premises by virtue of a deed executed by R.D. to whom, for more than half a century, the tenants were also paying rent. (SC) Decided on: 11.09.2025

50. Appointment of Lambardar – Knowledge of revenue terms – Requirement of -- Appellant failed to answer the questions of District Collector relating to the revenue, the said reason can be a sole good ground to oust the appellant from the zone of selection and to appoint respondent No. 5 as a Lambardar of the village concerned – Good knowledge of revenue proceedings is very essential to perform the duty on the post of Lambardar and the Financial Commissioner, has ignored the said fact while remanding the case back to the District Collector – Ld. Single Judge rightly set-aside the order passed by the Financial Commissioner, so as to uphold the appointment of respondent No. 5 as a lambardar. (P&H HC) Decided on: 11.09.2025