(601) SUPRIYA SUNIL ZAMBARE Vs. SUNIL UTTAM ZAMBARE[BOMBAY HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Order XXXIX Rule 11 (Bombay Amendment) — Striking Out Defence / Dismissal of Suit — Non-Compliance with Interim Order — Order XXXIX Rule 11 (Bombay Amendment) of the CPC empowers the Court to take stringent action against a party who commits default or contravenes an interim order passed during the pendency of a suit or proceeding — If the default is by the plaintiff/applicant, the suit/proceeding may be dismissed; if the default is by the defendant/opponent, their d India Law Library Docid # 2424280
(602) VICKY MANOJ SHAH Vs. KANAL VICKY SHAH AND ANOTHER[BOMBAY HIGH COURT] 25-03-2025 Protection of Women from Domestic Violence Act, 2005 — Sections 2(a), 2(f), 2(s), 12 — Definitions — Aggrieved Person and Shared Household — Under the Protection of Women from Domestic Violence Act, 2005 (D.V. Act), an “aggrieved person” as defined in Section 2(a) can only be a woman who is or has been in a domestic relationship with the respondent and alleges domestic violence — Consequently, a male respondent (husband) cannot claim the status of an “aggrieved person” under the Act — The defini India Law Library Docid # 2424297
(603) SRI. MANJUNATH Vs. THE DEPUTY COMMISSIONER (FOOD) AND OTHERS[KARNATAKA HIGH COURT] 25-03-2025 Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 — Clause 5, Clause 6 — Fair Price Depot Authorisation — Eligibility as Pre-requisite for Priority — Clause 6(1) of the 1992 Order, dealing with the order of priority for granting Fair Price Depot authorisation, expressly begins with the phrase “Subject to the provisions of Clause 5” — This makes compliance with the eligibility conditions laid down in Clause 5 a mandatory pre-requisite before the question of priority India Law Library Docid # 2424348
(604) MUNAWWAR SULTANA MIRZA NAEEM BAIG AND OTHERS Vs. MUMBAI BUILDING REPAIR & RECONSTRUCTION BOARD (MHADA UNIT) AND OTHERS[BOMBAY HIGH COURT] 25-03-2025 Maharashtra Housing and Area Development Act, 1976 (MHADA Act) — Section 79-A — Redevelopment of Dilapidated Cessed Building — Right of Tenants/Occupants — Procedure and Timelines — Section 79-A of the MHADA Act outlines a sequential procedure for the redevelopment of dilapidated cessed buildings classified as dangerous — Primarily, the owner/landlord is granted an initial period (three months from the notice under Section 354 of the Mumbai Municipal Corporation Act, 1888) to undertake redevelop India Law Library Docid # 2424367
(605) BANK OF INDIA Vs. SHIV SHANKER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 25-03-2025 Government Schemes – Agricultural Debt Waiver and Relief Scheme, 2008 – Eligibility – Small Farmer Category – Determination of Land Holding – Relevant Date – Burden of Proof – Under the Agricultural Debt Waiver and Relief Scheme, 2008, eligibility for benefits, particularly under the ‘Small Farmer’ category (owning/cultivating 1-2 hectares), is determined based on the land holding as disclosed to the lender bank on the date the loan was sanctioned — While revenue records presented at the time of India Law Library Docid # 2424492
(606) ADIUVO DIAGNOSTICS PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS[MADRAS HIGH COURT] 25-03-2025 Constitution of India, 1950 — Article 226 — Patents Act, 1970 — Section 25(1) — Judicial Review of Pre-Grant Opposition Rejection — Alternative Remedy — While the Patents Act, 1970 does not provide a statutory appeal against the rejection of a pre-grant opposition, the High Court retains discretionary jurisdiction under Article 226 to interfere if the decision-making process is flawed — However, the Court will ordinarily decline to exercise this term “Held” and referencing the relevant paragraph India Law Library Docid # 2424459
(607) DHANSAI SATNAMI Vs. THE STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 25-03-2025 Penal Code, 1860 — Section 370(3) — Human Trafficking — Evidence — Victim Testimony — Reliability — The conviction for trafficking and exploiting labourers under Section 370(3) IPC can be reliably based on the consistent and trustworthy testimonies of the victims detailing the inducement, deceit, and exploitation, even in India Law Library Docid # 2424528
(608) G. SANKARABUSHANAM AND OTHERS Vs. E. DHAVAMANI AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025 Civil Procedure Code, 1908 — Order VII Rule 11(d) — Rejection of Plaint — Scope — Averments in Plaint Only — For deciding an application under Order VII Rule 11, the court must confine itself to the averments made in the plaint and cannot consider the defence raised by the defendant, including pleas like res judicata based on previous litigations India Law Library Docid # 2424547
(609) SHAJI V.P. AND OTHERS Vs. K.T. UNNIKRISHNAN AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025 Civil Procedure — Compromise — Recording by Supreme Court — Disposal of SLP — The Supreme Court can record a compromise agreement entered into between parties during the pendency of a Special Leave Petition and dispose of the petition in terms of the settlement, making the agreement a part of the Court’s order India Law Library Docid # 2424536
(610) LUCKY KUMAR (SINCE DECEASED) REPRESENTED THROUGH LEGAL HEIRS Vs. MAJINDER SINGH AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025 Rent Control — East Punjab Urban Rent Restriction Act, 1949 — S. 13-B — NRI Landlord’s Right — Scope of “One Building” — An NRI landlord’s right under Section 13—B to seek summary eviction from “one residential building or one scheduled building” is not restricted on a per—tenancy basis; multiple applications for eviction against different tenants occupying separate portions within the same India Law Library Docid # 2424541
(611) ASHAPURA VIKAS SAMITI AND ANOTHER Vs. THE STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 25-03-2025 Civil Procedure — Writ Petition — Natural Justice — Audi Alteram Partem — A judgment rendered in a writ petition determining ownership and possession of land is unsustainable if parties claiming substantial rights and interests in the same land, who would be adversely affected by the decision, were not impleaded or heard India Law Library Docid # 2424543
(612) E.T. MOHANAN Vs. PANKAJAKSHY AND OTHERS[KERALA HIGH COURT] 25-03-2025 Hindu Law — Joint Family Property — Nucleus — Burden of Proof — While there is a presumption that a Hindu family is joint, there is no presumption that it possesses joint property — The burden lies on the person alleging that property is joint family property to prove the existence of an adequate nucleus of ancestral property from which subsequent acquisitions could have been made — Once adequate nucleus is proved, the burden shifts to the member claiming property as self-acquired to prove it wa India Law Library Docid # 2424582
(613) FAKRUDEEN K.V. @ FAKRUDEEN PANTHAVOOR Vs. STATE OF KERALA[KERALA HIGH COURT] 25-03-2025 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Sections 3(1)(r), 18 & 18A — Anticipatory Bail — Prima Facie Case — Insult or Intimidation in Public View — For determining the applicability of the bar on anticipatory bail under Sections 18 and 18A of the SC/ST Act, the court must ascertain if a prima facie case for an offence under the Act is made out — An offence under Section 3(1)(r) (intentional insult or intimidation with intent to humiliate a mem India Law Library Docid # 2424583
(614) P.A. THOMAS (DIED) AND OTHERS Vs. M/S. SOUTHERN HOUSING CORPORATION LTD. AND OTHERS[KERALA HIGH COURT] 25-03-2025 Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Proof — Conduct of Parties — In a suit for specific performance, the plaintiff must plead and prove readiness and willingness to perform their part of the contract continuously — While financial capacity is relevant, readiness and willingness encompass more than just financial means and include the plaintiff’s conduct and intention throughout — Where the plaintiff has paid a substantial portion of the India Law Library Docid # 2424584
(615) PICHI AND OTHERS Vs. ARULAN NADAR ANANTHAPAPPU AND OTHERS[KERALA HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Section 47 — Execution Proceedings — Scope — Res Judicata — The scope of inquiry under Section 47 CPC is confined to questions relating to the execution, discharge, or satisfaction of the decree — An executing court cannot go behind the decree unless the decree is shown to be a nullity or passed without inherent jurisdiction — Objections regarding the correctness or legality of the decree, or matters that were raised or could have been raised and were decided during India Law Library Docid # 2424585
(616) E.T. MOHANAN Vs. PANKAJAKSHY AND OTHERS[KERALA HIGH COURT] 25-03-2025 Hindu Law — Joint Family Property — Mitakshara School — Property obtained in Partition — Ancestral Character — Birth Right — Under the Mitakshara school of Hindu Law, property obtained by a coparcener upon partition of joint family property retains its character as ancestral property vis-a-vis his own male issue (sons, grandsons, great-grandsons) — Such male issue acquires an interest in it by birth. The fact that the partition deed recites some properties as self-acquired by the partitioning me India Law Library Docid # 2424586
(617) A. SYED SULTHAN Vs. MOHAMMAD RAFIQ[SUPREME COURT OF INDIA] 25-03-2025 Contempt of Court — Civil Contempt — Violation of Supreme Court Order — Failure to Handover Vacant Possession — Respondent directed by Supreme Court order (dated 02.04.2024 in C.A. No. 4646/2024) to handover vacant possession of premises to petitioner by 31.05.2024 and continue paying occupation charges — Respondent paid charges till May but failed to handover possession by the stipulated date — Possession was eventually delivered only on 04.11.2024 through execution proceedings via Court bail India Law Library Docid # 2424605
(618) ASHISH KAKKAR Vs. UT OF CHANDIGARH[SUPREME COURT OF INDIA] 25-03-2025 Criminal Procedure Code, 1973 — S. 50 — Arrest — Furnishing Grounds of Arrest — Arrest Memo vs. Grounds of Arrest — Requirement under S. 50 CrPC to communicate the particulars of the offence or other grounds for arrest to the person arrested — Providing merely an arrest memo in a prescribed format, filled with basic details like name, place of arrest, and a generic statement like "arrested based upon the statement of the co-accused", without other worthwhile particulars, does not India Law Library Docid # 2424650
(619) STATE OF CHHATTISGARH Vs. SURAJRAM AND OTHERS[CHHATTISGARH HIGH COURT] 25-03-2025 Penal Code, 1860 — Sections 149, 302, 307 — Unlawful Assembly — Murder and Attempt to Murder — Evidence of Injured Eyewitness — Corroboration — The testimony of an injured eyewitness (PW-1) regarding the commission of murder and attempt to murder by members of an unlawful assembly carries significant evidentiary value — Minor contradictions or omissions, or failure to name all accused in the FIR initially, do not vitiate the entire testimony if the witness consistently implicates the accused, in India Law Library Docid # 2424700
(620) THE UNITED INDIA INSURANCE CO LTD Vs. KARU NUKALAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 25-03-2025 Motor Vehicles Act, 1988 — Section 166 — Legal Representative — Entitlement of Married Daughter to Claim Compensation — A married daughter, being a legal heir under personal law, falls within the inclusive definition of ‘legal representative’ under Section 2(11) of the Code of Civil Procedure, 1908 (applicable to the Motor Vehicles Act, 1988) and is therefore entitled to maintain a claim petition under Section 166 seeking compensation for the death of her father in a motor accident — Her eligibi India Law Library Docid # 2424823