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(921) SMT MANJEET BHALLA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 13-03-2025
Civil Procedure Code, 1908 — O. 47 R. 1 — Review — Error Apparent on the Face of Record — An "error apparent on the face of the record" justifying review exists where a judgment in appeal overlooks a fundamental, undisputed fact rendering the original proceeding invalid (such as the suit being filed against a dead person) and fails to provide reasons for overturning the lower court's reasoned order.
India Law Library Docid # 2424130

(922) SUDARSHAN CHEMICAL INDUSTRIES LTD. Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 13-03-2025
Estoppel and Waiver — Acceptance of Government Policy/Resolution — Concluded Transaction — A party who voluntarily applies for benefits under a State Government policy (like Government Resolutions dated 01.08.2019 and 23.06.2021 regarding ULC Section 20 exemptions), accepts the conditions stipulated therein (payment of premium on the entire land), pays the demanded premium without protest, obtains an order removing ULC restrictions based on such payment, and subsequently acts upon that order by
India Law Library Docid # 2424285

(923) MULTI COMMODITY EXCHANGE OF INDIA LTD. Vs. M/S. MADHYA BHARAT (INTERNATIONAL) PVT. LTD. AND OTHERS[BOMBAY HIGH COURT] 13-03-2025
Limitation Act, 1963 — Article 113 — Suit for Recovery of Money — Accrual of Right to Sue — For a suit for recovery of money based on non-payment of dues (like membership fees, charges, etc.), the limitation period under Article 113 of the Limitation Act, 1963, is three years, commencing from the date “when the right to sue accrues” — The right to sue accrues when the cause of action arises, which, in the context of non-payment of dues, arises upon the default in making such payments.
India Law Library Docid # 2424287

(924) RAMPRABHU GOPINATH KAPSE Vs. SHEVANTABAI BABURAO KAPSE[BOMBAY HIGH COURT] 13-03-2025
Civil Procedure Code, 1908 — Section 152 — Amendment of Judgments, Decrees, or Orders — Scope and Limitation — Section 152 of the Civil Procedure Code, 1908, empowers a Court to correct clerical or arithmetical mistakes in judgments, decrees, or orders, or errors arising therein from any accidental slip or omission, either suo motu or on application, at any time — This power is discretionary and aimed at ensuring the Court’s record accurately reflects its intention and preventing prejudice due t
India Law Library Docid # 2424288

(925) ANNAPPA MARUTI ZALKE Vs. RAMU BALAPPA BOGARNAL[BOMBAY HIGH COURT] 13-03-2025
Registration Act, 1908 — Sections 17 & 49 — Agreement for Sale — Requirement and Admissibility — An Agreement for Sale of immovable property is not compulsorily registrable under Section 17 of the Registration Act, 1908 — Pursuant to the proviso to Section 49, such an unregistered Agreement for Sale can be received as evidence of the contract in a suit for specific performance — Discarding an unregistered Agreement for Sale as evidence at the interim stage in a specific
India Law Library Docid # 2424289

(926) SHAIKH PAPAMIYA CHANDBHAI (SINCE DECEASED) THROUGH HIS L.RS. AND OTHERS Vs. RUPCHAND NANA BHANE AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 13-03-2025
Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Sale with Repurchase Condition — Interpretation of Document — To determine whether a document represents a mortgage by conditional sale or an outright sale with a repurchase condition, the intention of the parties, primarily gathered from the document itself, is paramount — Factors indicating a mortgage include: an explicit title stating it’s a conditional sale and not absolute; recitals establishing a debtor-credi
India Law Library Docid # 2424317

(927) SHAUKAT MOHAMMAD RAHMAN Vs. STATE OF GOA[BOMBAY HIGH COURT (GOA BENCH)] 13-03-2025
Penal Code, 1860 — Section 415, 420 — Criminal Procedure Code, 1973 — Sections 156(3), 482 — Constitution of India, 1950 — Article 226 — Quashing of FIR — Cheating vs. Breach of Contract — Where the allegations in a complaint/FIR, taken at face value along with uncontroverted documents, primarily disclose a civil dispute arising from a breach of contract (MOU) and lack essential ingredients of cheating under Section 415 IPC, particularly the element of fraudulent or dishonest intent at the incep
India Law Library Docid # 2424323

(928) M/S.PREMIER GRANITES Vs. THE DISTRICT COLLECTOR, KRISHNAGIRI DISTRICT, KRISHNAGIRI AND OTHERS[MADRAS HIGH COURT] 13-03-2025
Stamp Act, 1899 — Schedule I, Articles 35(a), 63 — Tamil Nadu Minor Mineral Concession Rules, 1959 — Rule 36F — Supplementary Lease Deed — Transfer of Mining Lease — Stamp Duty — Applicable Article — A supplementary lease deed executed pursuant to Rule 36F of the Tamil Nadu Minor Mineral Concession Rules, 1959, transferring an existing mining lease for its remaining period, is correctly classifiable as a “Transfer of lease” under Article 63 of Schedule I of the Stamp Act, 1899, and not as a fres
India Law Library Docid # 2424434

(929) MRS. TARLA H. MALANI Vs. M/S THE UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS BRANCH MANAGER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025
Insurance Law — Personal Accident Policy — “Accident” — Meaning — Fall in Bathroom — Pre-existing Illness — Burden of Proof — Causal Link — A claim under a Personal Accident Policy requires the injury or death to result “solely and directly from accident caused by external violent and visible means” — A fall in a bathroom, resulting in head injury and subsequent death due to intra-cerebral bleed, may not qualify as an “accident” under the policy if the fall itself was likely caused by the insure
India Law Library Docid # 2424498

(930) M/S. PREMIER CAR SALES LIMITED Vs. UNITED INDIA INSURANCE COMPANY LTD.[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025
Insurance Law — Standard Fire and Special Perils Policy — Exclusions — Loss due to Action by Lawfully Constituted Authority — Lucknow Development Authority (LDA) — Demolition Drive — Deficiency in Service — A claim under a 'Standard Fire and Special Perils Policy' for damage caused to the insured's property (boundary wall, roof, and parked scooters/motorcycles) was repudiated by the insurer — The damage occurred accidentally when the Lucknow Development Authority (LDA), a lawfully constituted au
India Law Library Docid # 2424499

(931) HYBRID COTTON SEEDS, FORTUNE HYBRID SEEDS LTD. Vs. BHUKYA BHADRU AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 13-03-2025
Consumer Protection Act, 1986 — Section 2(1)(g), 13(1)(c) — Defective Goods — Seeds — Burden of Proof — Requirement of Laboratory Test — Expert Opinion — Genetic Purity — To establish that seeds supplied are defective or lack genetic purity, leading to poor germination or yield, the Consumer Protection Act, 1986, under Section 13(1)(c), envisages obtaining a report from an appropriate laboratory after testing a sample of the goods — Where such a laboratory test is not conducted (due to reasons l
India Law Library Docid # 2424500

(932) NAVYA KIRAN Vs. K.P. RAJENDRAN AND OTHERS[KERALA HIGH COURT] 13-03-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 17(2), 19 — Eviction from Shared Household — Procedure Established by Law — Mandatory Injunction — A suit for mandatory injunction filed by the rightful owners against a daughter-in-law, whose residence in the shared household is merely permissive (lacking independent legal right to the property), constitutes a “procedure established by law” for eviction under Section 17(2) of the DV Act.
India Law Library Docid # 2424571

(933) C.K.ABOOBACKER Vs. THE SPECIAL TAHSILDAR (L.A.) THALASSERY AND OTHERS[KERALA HIGH COURT] 13-03-2025
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(1)(a) — Award Post-Commencement — Where land acquisition initiated under the Land Acquisition Act, 1894, but no award under Section 11 was made before 01.01.2014 (commencement of 2013 Act), the acquisition proceedings do not lapse, but compensation must be determined under the provisions of the 2013 Act — An award purportedly passed under the 1894 Act after 01.01.2014 is null a
India Law Library Docid # 2424572

(934) DEEPLOK FINANCIAL SERVICES LIMITED Vs. THE TATA IRON AND STEEL COMPANY AND OTHERS[CALCUTTA HIGH COURT] 13-03-2025
Companies Act, 1956 — S. 84(1) & S. 108(1) — Share Certificate as Prima Facie Title — Requirement for Valid Transfer Registration — A share certificate issued under the common seal of the company serves as prima facie evidence of the title of the member named therein (S. 84(1)) — For a valid transfer of shares to be registered by the company, Section 108(1) mandatorily requires the delivery of a proper instrument of transfer, duly stamped and executed by/on behalf of both the transferor and tran
India Law Library Docid # 2425221

(935) M/S. HOQUE MERCANTILE PVT LTD. Vs. COMMISSIONER OF CUSTOMS, CHENNAI II[CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL CHENNAI REGIONAL BENCH - COURT No. I] 12-03-2025
Customs Act, 1962 — Section 129A(1) — Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 — Rules 14, 16 and 16A — The CESTAT lacks jurisdiction to entertain appeals related to recovery of drawback, as it is inextricably linked to “payment of drawback” under Chapter X of the Customs Act, 1962, and the rules made thereunder, which is explicitly excluded from the Tribunal's purview under Section 129A(1) — The Tribunal dismissed the appeal for want of jurisdiction, holding that reco
India Law Library Docid # 2423482

(936) M/S PRECIOUS BUILDTECH (P) LTD Vs. COMMISSIONER OF CENTRAL EXCISE AND CGST, GAUTAM BUDDH NAGAR (COMMISSIONERATE, GREATER NOIDA)[CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL ALLAHABAD] 12-03-2025
Finance Act, 1994 — Sections 65(105)(zzzh) and 65(105)(zzzza) — Service Tax (Determination of Value) Rules, 2006 —Rule 2A — Service tax cannot be levied on construction of residential complexes under Section 65(105)(zzzh) of the Finance Act, 1994, due to the absence of a statutory mechanism to ascertain the value of the service component in composite contracts involving sale of land and goods — The Tribunal allowed the appeal, setting aside the service tax demand of Rs. 27,83,531/- on constructi
India Law Library Docid # 2423483

(937) K. DHANALAKSHMI, (GROUP A) Vs. UNION OF INDIA AND OTHER[CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI] 12-03-2025
All India Services (Conduct) Rules, 1968 —Rule 16(1), 16(2), 16(3) — Delhi Special Police Establishment (DSPE) Act, 1946 — Section 6 — Prevention of Corruption Act, 1988 — Section 13(2) read with Section 13(1)(e) — Disciplinary proceedings initiated with inordinate and unexplained delay, and based on similar charges for which the delinquent has been acquitted in a criminal proceeding, are liable to be quashed — The Tribunal quashed a charge memorandum issued against an IAS officer for dispropor
India Law Library Docid # 2423484

(938) THE INCOME TAX OFFICER Vs. SIREESHA POCHAREDDY, CHINTHAVARAM (PO)[INCOME TAX APPELLATE TRIBUNAL HYDERABAD “B” BENCH : HYDERABAD] 12-03-2025
Income Tax Act, 1961 — Sections 275(1)(c) and 271D — Penalty order under Section 271D of the Income Tax Act, 1961, is invalid if passed beyond the time limit specified in Section 275(1)(c), despite CBDT's extension notification, if the completion of action falls outside the specified period.
India Law Library Docid # 2423485

(939) SHRI NINGTINGLUNG KAMEI Vs. STATE OF MANIPUR AND OTHERS[MANIPUR HIGH COURT] 12-03-2025
Manipur (Hill Areas) District Councils Act, 1971 — Sections 4, 9 and 11 — The High Court examined whether the Hill Areas Committee (HAC) has the jurisdiction under the Act, 1971, to pass a resolution recommending the constitution of a temporary committee for Autonomous District Councils (ADCs) after the expiry of their terms — A Public Interest Litigation (PIL) challenged a resolution by the Chairman of the Hill Areas Committee (HAC) regarding the administration of Autonomous District Councils (
India Law Library Docid # 2423521

(940) SHIVALI SHARMA Vs. ARMY PUBLIC SCHOOL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-03-2025
Constitution of India, 1950 — Articles 12 and 226 — A writ petition under Article 226 of the Constitution is generally not maintainable for the enforcement of a private contract of service with an educational institution like the Army Welfare Education Society (AWES), as such institutions typically do not qualify as a ‘State’ under Article 12, and service matters lack a public law element unless governed by statutory provisions — The doctrine of legitimate expectation operates within the realm o
India Law Library Docid # 2423777