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(261) VIRENDRA KUMAR SHUKLA Vs. UCO BANK[CHHATTISGARH HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 — Section 96 — First appeal — Scope of interference — Findings of fact — Suit for declaration and permanent injunction against bank for wrongful debit of amount credited via cheque subject to clearance — Trial Court dismissed suit finding bank acted in “good faith” based on nature of transaction (domestic transfer, drawer being bank’s Branch Manager, payee being panel lawyer) and knowledge of plaintiff regarding stop payment — Bank’s action of crediting amount “subject
India Law Library Docid # 2425689

(262) RAGHUBIR SINGH Vs. DARBARA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Scope of enquiry — Cause of action and limitation — Where defendant (petitioner) sought rejection of plaint in a suit for declaration of inheritance (challenging a 1926 mutation after 94 years), contending no cause of action and suit barred by limitation based on Customary Law, and trial court dismissed application, held, no interference warranted in revisional jurisdiction — For deciding Order 7 Rule 11 application, only
India Law Library Docid # 2425701

(263) JASPREET KAUR Vs. ANMOLJOT SINGH[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Hindu Marriage Act, 1955 — Section 13-B — Divorce by mutual consent — Waiver of six-month statutory waiting period for second motion — Permissibility — Where parties had been residing separately for over three years (petition drafted 24.02.2025, separated since 03.02.2022), marriage was irretrievably broken down, reconciliation efforts by relatives and panchayats failed, parties were unwilling to live together, and prolonging their agony by insisting on statutory waiting period would serve no us
India Law Library Docid # 2425702

(264) SMT. SUMITRA AND OTHERS Vs. MAJOR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased aged 33, Passenger Services Assistant in Air India — Tribunal excluded overtime, holiday wages, night shift allowances from salary of Rs.17,831/-, assessing income at Rs.9,050/- — High Court held holiday wages and night shift allowances, being ancillary to air services job, ought not to be excluded; only overtime (Rs.6625/-) excluded, re-assessing income at Rs.11,206/- (annual
India Law Library Docid # 2425703

(265) JITENDER TIWARI Vs. SEEMA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance for wife and children — Quantum — Challenge by husband — Petitioner (husband) and Respondent No.1 (wife) married in 2007, had three children (Respondents No.2-4) — Marital dispute led to wife filing for maintenance under S.125 CrPC — Family Court, considering petitioner as labourer earning Rs.10,500/- per month and wife earning Rs.8,000/- per month (admitted in her cross-examination, also receiving maintenance under DV Act), grante
India Law Library Docid # 2425704

(266) HINDUSTAN UNILEVER LIMITED Vs. DEPUTY DIRECTOR SUB REGIONAL OFFICE (SALEM)[SUPREME COURT OF INDIA] 06-05-2025
Employees State Insurance Act, 1948 — Section 1(4) — Applicability of Act — Exemption for seasonal factories — Factory engaged in manufacture of coffee, blending, packing, and repacking of coffee and chicory — Whether entitled to exclusion from ESI Act coverage as a seasonal factory — Question arises whether the appellant’s factory is liable to make contributions under the ESI
India Law Library Docid # 2425735

(267) ARAWALI POWER COMPANY Vs. SAT PARKASH (DEAD) THR LRS. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Land Acquisition Act, 1894 — Sections 23(1), 23(2), 23(1A), 28 & 34 — Land Acquisition — Compensation — Appropriation of payment — Deposit by judgment debtor into court specifying amounts under different heads (e.g., principal, interest, solatium) as per decree — Effect of acceptance by decree holder — Where decree specifies amounts under different heads and judgment debtor deposits specifically allocating amounts to those heads, acceptance by decrease-holder
India Law Library Docid # 2425829

(268) UNITED INDIA INSURANCE CO. LTD. Vs. NITYA NAND AND OTHERS[HIMACHAL PRADESH HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 168 & 169 — Motor Accident Claim — Appeal against quantum of compensation — Involvement of second vehicle alleged but no evidence of contributory negligence found in FIR or otherwise — Plea for shared liability rejected for want of material.
India Law Library Docid # 2425884

(269) CHHATTISGARH DENTAL COLLEGE AND RESEARCH INSTITUTE Vs. SHWETA KABRA AND OTHERS ETC.[SUPREME COURT OF INDIA] 06-05-2025
. Education Law — Fee Fixation — Power of Committee — Retrospective Application — Fee Fixation Committee constituted pursuant to Supreme Court directions — Fee structure determined at Rs. 1,25,000/- effective from academic year 2005-2006 — High Court directing refund of excess fee paid by students admitted prior to academic year 2005-2006 by applying the fixed
India Law Library Docid # 2425912

(270) BEENA SRIVASTAVA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Supreme Court Rules, 2013 — Leave to Appeal — Granting of — Permission to pursue appeal against High Court order dismissing writ petition seeking direction to District Administration to consider representation for restoration of status quo ante granted. (Para 1)

B. Civil Procedure Code, 1908 — Suits — Inter Se Title Dispute — Resolution by Competent Jurisdictional Civil Court — Acknowledgment that inter se title over immovable
India Law Library Docid # 2425919

(271) MOHAMMED ASARUDEEN Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Unlawful Activities (Prevention) Act, 1967 — Section 44 — Protection of witnesses — Nature of provision — Sub-section (1) permits in camera proceedings for reasons recorded, with a non-obstante clause — Sub-section (2) allows measures for keeping identity and address of witnesses secret upon court’s satisfaction of danger to life, for reasons recorded — Unlike sub
India Law Library Docid # 2425920

(272) STATE OF GUJARAT Vs. RAJESH ALIAS RAJU MAHENDRABHAI SHAH AND ANOTHER[GUJARAT HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal Against Acquittal — Powers of Appellate Court — Re-appreciation of Evidence — While the High Court has full power to review evidence upon which an order of acquittal is founded, the presumption of innocence of the accused, reinforced by acquittal by the trial court, requires reversal only for very substantial and compelling reasons, especially when the trial court had the advantage of seeing and hearing witnesses.
India Law Library Docid # 2425977

(273) UNION OF INDIA REPR BY CHIEF ENGINEER NAVY MUMBAI Vs. M/S PUSHKARRAJ CONSTRUCTION P LTD.[GUJARAT HIGH COURT] 06-05-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Jurisdiction — Challenge to order dismissing Section 34 application for lack of jurisdiction by Additional District Judge, Porbandar — Court reasoned arbitration was not referred by a judicial proceeding in Porbandar, and Commercial Courts Act, 2015, vests jurisdiction in Commercial
India Law Library Docid # 2426049

(274) SANTIUS KUJUR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 06-05-2025
Penal Code, 1860 — Section 302 — Murder — Conviction — Alteration to Culpable Homicide — Father killed by son with firewood over bicycle dispute — Single blow with forceful impact causing fatal head injuries — Eyewitness account from mother establishing involvement — Lack of intention to cause death inferable from trivial motive, single blow, and immediate post-incident conduct (remaining at site, informing villagers) — Confessions before police irrelevant — Medical evidence of head fractures in
India Law Library Docid # 2426145

(275) M/S. UNIQUE COAL TRADERS Vs. UNION OF INDIA[GAUHATI HIGH COURT] 06-05-2025
Railways Act, 1989 — Section 73 — Punitive charge for overloading a wagon — Recovery of — Permissible before delivery of goods — Provision enables recovery of punitive charges for overloading beyond permissible carrying capacity.
India Law Library Docid # 2426146

(276) SHUBHKARAN SINGH Vs. ABHAYRAJ SINGH AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Civil Procedure Code, 1908 — Order 18 Rule 17 — Recall of witness — Scope and Ambit — The power vested in the Court under Or. 18 R. 17 is primarily for the Court itself to recall a witness suo motu or on application, to put questions for clarifying any ambiguity or doubt arising from the evidence already on record — It is not a provision intended to enable parties to fill up lacunae in their case, conduct further examination-in-chief or cross-examination, or place additional material/evidence wh
India Law Library Docid # 2425394

(277) POWERGRID COPORATION OF INDIA LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Electricity Act, 2003 — S. 178 — Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 — Regulation 53, Note 2 — Additional Capitalization — Replacement of Damaged Assets — Operation and Maintenance — Expenditure incurred on replacing damaged Inter-connecting Transformers (ICTs), which failed due to internal faults/fire shortly after commissioning, cannot be admitted as 'additional capitalization'
India Law Library Docid # 2425395

(278) THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED Vs. SMT. HONNAMMA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Motor Vehicles Act, 1988 — S. 147 — Liability — Tractor-Trailer Accident — Uninsured Trailer — Root Cause — Where an accident involving death occurs due to the overturning of a trailer being pulled by an insured tractor, the liability of the tractor’s insurer extends to cover the accident — The crucial factor is the root cause of the accident being the insured tractor’s action in pulling/driving/moving the trailer, leading to the mishap in an unbroken chain of events — Principles requiring separ
India Law Library Docid # 2425396

(279) VISHAL TIWARI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Constitution of India — Article 32 — Writ Petition — Prayers — Suo Motu Criminal Contempt — FIR — Advisory on Hate Speech — Petition sought initiation of suo motu criminal contempt against Respondent No. 4 for remarks against the Supreme Court and CJI; direction for FIR under Bharatiya Nyaya Sanhita, 2023; and direction for an advisory to curb hate/provocative speeches relating to the Waqf (Amendment) Act, 2025
India Law Library Docid # 2425501

(280) HARIRAJAN PILLAI Vs. SIYAD[SUPREME COURT OF INDIA] 05-05-2025
Commercial Courts Act, 2015 — Proviso to Order V Rule 1 and Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 (as amended by the Commercial Courts Act) — Time Limit for Filing Written Statement — Mandatory Nature — Forfeiture of Right Beyond 120 Days — Non-Applicability of Section 5, Limitation Act, 1963 — In a commercial suit, the statutory period of 120 days for filing a written statement is mandatory, and upon the lapse of this period, the defendant forfeits the right to file the
India Law Library Docid # 2425503