(901) KOLIPAKA SAI KUMAR Vs. KAPIL CHILTS KAKATIYA PVT. LTD.[TELANGANA HIGH COURT] 17-03-2025 Chit Funds Act, 1982 — Section 71 — Execution of Award/Order — An order or award passed by the Registrar or nominee, or by the State Government in appeal, for payment of money under the Act is executable either (a) as a decree of a Civil Court upon a certificate issued by the Registrar, or (b) as arrears of land revenue, subject to the prescribed limitation for the latter mode — The procedure involves the decree-holder applying to the Registrar for execution, who then forwards the application an India Law Library Docid # 2424784
(902) POTLURU HEMALATHA Vs. P. PRASAD[ANDHRA PRADESH HIGH COURT] 17-03-2025 Motor Vehicles Act, 1988 — Section 149 — Liability of Insurer — Private Vehicle — Unauthorized Passenger Defence — An insurer cannot be absolved from liability to pay compensation to third-party claimants (legal representatives of deceased) solely on the ground that the deceased was travelling as an unauthorized passenger in a private insured vehicle, contrary to policy terms — Liability is fixed jointly and severally on the owner and insurer. India Law Library Docid # 2424812
(903) V.SURYA RAO Vs. C ANJI REDDY AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-03-2025 Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Essential Requirement for Specific Performance — The grant of specific performance necessitates the plaintiff demonstrating, through evidence, continuous readiness and willingness to perform their essential obligations under the contract from the date of the agreement through to the final decision of the suit — A mere assertion of readiness and willingness in the plaint, without substantiation by evidence covering all releva India Law Library Docid # 2424815
(904) GUDIMELLA SANDHYA Vs. STATE OF A P REP BY ITS PUBLIC PROSECUTOR AND ANOTHER[ANDHRA PRADESH HIGH COURT] 17-03-2025 Criminal Procedure Code, 1973 — Sections 397 & 401 — Revisional Jurisdiction Against Acquittal — The High Court, in exercising its revisional jurisdiction against an order of acquittal, particularly when invoked by a private complainant, acts under circumscribed limits — It will not ordinarily interfere unless there is a manifest illegality, perversity in the findings, a glaring defect in procedure, or a gross miscarriage of justice. India Law Library Docid # 2424874
(905) S. VIJAYA BHARATH Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 17-03-2025 Prevention of Corruption Act, 1988 — Sections 7 & 13(1)(d) read with 13(2) — Proof of Demand — Foundational Requirement — For sustaining a conviction under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, the prosecution must establish, beyond reasonable doubt, the foundational fact of demand of illegal gratification by the accused public servant — The mere recovery of tainted currency, even if proved, is insufficient to prove guilt under Section 7 in the absence of conclusive India Law Library Docid # 2424877
(906) MANDI ROJASHRI Vs. THE UNION OF INDIA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-03-2025 Petroleum Rules, 2002 — Rule 144 — Scope of Inquiry for No Objection Certificate (NOC) — Public Interest and Safety Paramount — The scope of inquiry by the District Authority under Rule 144 of the Petroleum Rules, 2002, for granting a No Objection Certificate (NOC) for storing petroleum products is primarily confined to aspects concerning public interest and public safety — This includes assessing lawful possession, impact on public facilities (schools, hospitals), traffic density, conformity wi India Law Library Docid # 2424880
(907) K.N. RAMARAJU Vs. SRI G GANAPATHI AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-03-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 — Pre-trial Amendment — Liberal Approach — Courts are required to adopt a liberal approach when considering applications for amendment of pleadings filed before the commencement of trial — Such amendments should generally be allowed if they are necessary for determining the real questions in controversy, provided they do not cause irreparable prejudice to the opposing party, divest them of any advantage accrued due to admission, or fundamentally alter India Law Library Docid # 2424882
(908) DILIP KUMR DEY AND ANOTHER Vs. THE STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 17-03-2025 Penal Code, 1860 — S. 498A — Proof of Cruelty — Appreciation of Evidence in Domestic Offences — In cases involving allegations of cruelty under Section 498A IPC, which often occur within the confines of the home, the court may need to rely significantly on the testimony of witnesses from the deceased’s paternal family (informant, parents) — The primary duty of the court is to carefully scrutinize such evidence for consistency, ruling out exaggeration and false implication — Corroboration from in India Law Library Docid # 2425220
(909) M/S. STRATEGIC INFRA SERVICES PVT. LTD., (FORMERLY KNOWN AS) M/S. STRATEGIC OUTSOURCING SERVICE PVT. LTD. Vs. MPHASIS LIMITED[KARNATAKA HIGH COURT] 14-03-2025 Arbitration and Conciliation Act, 1996 — Section 16, Section 34(2)(b)(i) — Arbitrability of Disputes — Allegations of Fraud — Jurisdiction of Arbitrator — The jurisdiction of an Arbitral Tribunal to decide disputes arising from an agreement containing an arbitration clause is not ousted merely because one party levels allegations of fraud (inducement to enter agreement, non-disclosure) against the other — Such jurisdiction is displaced only if the allegations of fraud are serious and India Law Library Docid # 2424381
(910) M/S. BRUNTON DEVELOPERS, A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT THE FALCON HOUSE Vs. UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION)[KARNATAKA HIGH COURT] 14-03-2025 Companies Act, 1956 — Sections 536(2), 537 (Corresponding to Companies Act, 2013 — Sections 334(2), 335) — Disposition of Property Post Commencement of Winding Up — Voidability — Validation by Court — Any disposition of a company’s property (including sale) made after the commencement of winding-up proceedings, unless the Court/Tribunal orders otherwise — Similarly, a sale held without leave of the Court/Tribunal after commencement of winding up is void under Section 537 (now S. 335) — India Law Library Docid # 2424385
(911) CELINE MARTINA Vs. T. JOSEPH ATHISAYAM (DIED) BY LRS AND OTHERS[MADRAS HIGH COURT] 14-03-2025 Succession Act, 1925 — Wills — Joint Will vs. Mutual Will — Revocability — A Will executed jointly by two or more testators in a single document, disposing of their property (whether held jointly or separately) to a third party, effective after the death of both, is considered a joint Will if it lacks reciprocal benefits conferred between the testators themselves — It does not become a mutual Will (implying irrevocability after the death of one testator who has received a benefit) merely because India Law Library Docid # 2424432
(912) HADIYA AND ANOTHER Vs. SHAMEERA. M.M AND ANOTHER[KERALA HIGH COURT] 14-03-2025 Transfer of Property Act, 1882 — Section 39 — Enforcement of Maintenance/Advancement Right — Applicability across Religions — Section 39, protecting a third person’s right to maintenance or provision for advancement/marriage from property profits against a transferee, applies irrespective of the religion of the parties — A daughter’s right to marriage expenses from her father is enforceable under this section. India Law Library Docid # 2424553
(913) RATHEESH.S Vs. SREELEKSHMI.S AND OTHERS[KERALA HIGH COURT] 14-03-2025 Criminal Procedure Code, 1973 — Section 125 — Maintenance Proceedings — Affidavit of Disclosure of Assets and Liabilities (Rajnesh Guidelines) — Mandatory Requirement — The filing of Affidavits of Disclosure of Assets and Liabilities by both parties in the format prescribed in Rajnesh v. Neha [(2021) 2 SCC 324] is mandatory in all maintenance proceedings (including interim) before Family Courts, District Courts, or India Law Library Docid # 2424554
(914) ABHISHEK SUREKA AND OTHERS Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 13-03-2025 Penal Code, 1860 (IPC) — Section 498A — Cruelty — Dowry Demand as a Key Element — The legislative intent behind the insertion of Section 498A was to prevent the abuse of married women for want of dowry — The term 'cruelty' under this section is often understood in the context of harassment or torture for dowry demands — In the absence of any allegation of demand for dowry, quarrels between husband and wife or the demand for divorce by the husband or his relatives may not automatically amount to India Law Library Docid # 2423429
(915) SHRI THOUDAM RAGHUMANI SINGH Vs. STATE OF MANIPUR AND OTHERS[MANIPUR HIGH COURT] 13-03-2025 Service Law — Appointment — Die-in-Harness Scheme — The court applied the principle of res judicata and found the rejection of a compassionate appointment claim unsustainable due to a factually incorrect finding regarding the submission of a timely application — A writ petition challenged the rejection of the petitioner's claim for appointment under the Die-in-Harness Scheme — The court found that one ground for rejection was already decided in a previous writ petition and thus barred by res jud India Law Library Docid # 2423522
(916) MOHD. SHAFI Vs. UT OF J&K THROUGH SHO[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 410 — Ranbir Penal Code (RPC), Section 302 — In a case based on circumstantial evidence, especially for murder by poison, the prosecution must establish a complete and unbroken chain of evidence that unequivocally points to the accused’s guilt and excludes all other reasonable hypotheses — Proof of disclosure statements leading to recoveries must be reliable — The High Court allowed a criminal appeal, setting aside the conviction for murder by admin India Law Library Docid # 2423774
(917) S. CHARANJEET SINGH Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Judicial authority must refer parties to arbitration if an arbitration agreement exists and a party applies for it no later than submitting their first statement on the substance of the dispute — A preliminary objection regarding arbitration in a written statement constitutes such an application, but a nominated arbitrator should be independent and not an official of a party — The High Court disposed of an appeal by modifying the trial court’s India Law Library Docid # 2423775
(918) VIJAY LAKSHMI AND OTHERS Vs. VED PARKASH AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025 Civil Procedure Code, 1908 — Order 8 Rule 9, Order 39 Rule 1 & 2 — While Order 8 Rule 9 for subsequent pleadings like a replica to address new pleas in a written statement, the trial court has the discretion to allow or refuse such filings, and the rejection is not necessarily prejudicial if the party can still present evidence on the new issues — The High Court dismissed a petition challenging the trial court’s rejection of the petitioners’ application to file a replica under Order 8 Rule 9 CPC India Law Library Docid # 2423776
(919) SMT. SUDERSHAN SHARMA Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025 Service Law — Pension — Recovery of excess pension paid due to departmental error should not be made from vulnerable pensioners, particularly without notice and after considerable delay, where the pensioner is not at fault, as it would be iniquitous and harsh, outweighing the employer’s right to recover — The High Court allowed an appeal, quashing the recovery of excess pension from an elderly widow and renal patient — The court found the overpayment resulted from departmental negligence, no not India Law Library Docid # 2423819
(920) COURT ON ITS OWN MOTION Vs. SHARADUL AMARCHAND MANGALDASS & CO. THROUGH ITS PARTNER RITU BHALLA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025 Contempt of Courts Act, 1971 — Section 2 (c) — A bonafide interpretation of a court judgment in a legal notice, even if it differs from the court’s intended meaning, does not constitute criminal contempt of court unless the interpretation is wilful, deliberate, or obstructs the course of justice, especially when no judicial proceedings are pending — The High Court dismissed a criminal contempt petition initiated suo moto against a law firm for allegedly misinterpreting a previous court judgment India Law Library Docid # 2423820