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(421) TARLOK SINGH (NOW DECEASED) THROUGH HIS LEGAL REPRESENTATIVES Vs. JATINDER PAL THROUGH HIS LEGAL HEIRS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025
East Punjab Urban Rent Restriction Act, 1949 — Section 13 — Landlord-Tenant Relationship — In an eviction petition, the crucial factor is the existence of a landlord-tenant relationship, not the landlord's ownership of the property. The tenant's admission of this relationship before the Rent Controller is sufficient to establish the landlord's standing to seek eviction. Any challenge to the landlord's ownership, not
India Law Library Docid # 2428881

(422) BHARAT FOOD AND AGRO PRODUCTS AND OTHERS Vs. M/S BAPU ASSA RAM JI & COMPANY AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Guidelines for allowing amendment — Amendments are permissible if essential for proper adjudication, bona fide, do not cause irreparable prejudice, avoid multiplicity of litigation, do not fundamentally change the suit's nature, and are not barred by limitation.
India Law Library Docid # 2428882

(423) RAJ BALA AND ANOTHER Vs. UJAGAR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation for road accidents — Enhancement of compensation — Deceased was a 21-year-old computer engineering student with a bright future — Tribunal awarded Rs. 3,00,000/- — Held, notional income of deceased to be assessed at Rs. 12,000/- per month in view of Supreme
India Law Library Docid # 2428883

(424) POULOMI PAVINI SHUKLA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-08-2025
Constitution of India, 1950 — Article 32 — Public Interest Litigation — Welfare of children — Petitioner, an advocate, filed a PIL to highlight the inadequacies of existing schemes for orphan children and to ensure they are not neglected.
India Law Library Docid # 2432121

(425) M/S WADHWANA Vs. CELICA DEVELOPERS PRIVATE LTD.[SUPREME COURT OF INDIA] 06-08-2025
Transfer of Property Act, 1882 vs. West Bengal Premises Tenancy Act, 1997 — Determination of applicability — Depends on rent paid for premises and facilities provided — Supreme Court's previous order regarding payment for air conditioning in addition to rent is crucial — Charges for amenities like air conditioning, when paid in addition to basic rent, are considered part of the total rent for the purpose of
India Law Library Docid # 2432127

(426) HARISH CHANDRA GURURANI Vs. ANOOP AGARWAL AND ANOTHER[UTTARAKHAND HIGH COURT] 06-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing Proceedings — Abuse of Process of Court — High Court’s inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process or secure ends of justice — Should not hesitate to quash proceedings that are essentially civil in nature, even if cloaked in criminal terms.
India Law Library Docid # 2432434

(427) YOGENDRA KUMAR SHAH AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025
Rights of Persons with Disabilities Act, 2016 — Section 34(2) — Carry forward of vacancies for persons with benchmark disability — Vacancies that could not be filled in a recruitment year due to non-availability of suitable persons with benchmark disability shall be carried forward to the succeeding recruitment year — If suitable persons with benchmark disability are still not available, these vacancies must first be filled by
India Law Library Docid # 2432435

(428) DASHRATH SINGH RANA Vs. UNION OF INDIA AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025
Disciplinary Proceedings — Judicial Review — Scope — High Court under Article 226 cannot act as an appellate authority to re-evaluate evidence or substitute its own findings for those of disciplinary/appellate authorities — Intervention is permissible only if proceedings violate principles of natural justice, statutory regulations, or if conclusions are arbitrary, capricious, or based on no evidence.
India Law Library Docid # 2432436

(429) SHASHI AGARWAL AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025
U.P. Government Estates Thekedari Abolition Act, 1958 — U.P. Imposition of Ceiling on Land Holdings Act, 1960 — Challenge to order of Collector passed under Section 6-A of GETA Act — Applicability of both Acts for determination of ceiling area and procedure — Collector's order directing proceedings in accordance with Section 6-A of GETA Act, using ceiling limits from Ceiling Act, held to be in compliance with prior High Court judgments and subject to Special Appeal.
India Law Library Docid # 2432437

(430) SAROJNI DEVI ALIAS SONI RAWAT Vs. PARVATI DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025
Family Courts Act, 1984 — Section 19 — Appeal challenging judgment and decree of Family Court — Respondent declared legally wedded first wife of deceased, appellant’s marriage declared null and void — Family pension directed to be paid to respondent — Grounds of challenge: respondent failed to lead evidence of marriage, respondent was underage at time of alleged marriage, Family Court overstepped jurisdiction by directing
India Law Library Docid # 2432438

(431) STATE OF CHHATTISGARH Vs. MUCHAKI DEVA AND OTHERS[CHHATTISGARH HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Standard of appreciation of evidence — Appellate court must be slow in reversing acquittal, as presumption of innocence is strengthened, requiring thorough scrutiny on accepted legal parameters
India Law Library Docid # 2428355

(432) RAMPURHAT PSC SLEEPERS LIMITED Vs. UNION OF INDIA AND OTHERS[CALCUTTA HIGH COURT] 05-08-2025
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 11 — Admission of Appeals — Hearing under Rule 11 is not for admission but to ascertain if appeal can be dismissed without hearing respondent; it's mandatory, not optional. Appeals against orders not exempted by Appellate Side Rules must be posted for hearing under Order 41 Rule 11.
India Law Library Docid # 2428356

(433) BINOD KUMAR BAWRI AND OTHERS Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 05-08-2025
Indian Penal Code, 1860 — Section 420 and 405 and 120B — Criminal Conspiracy — Quashing of Proceedings — Abuse of Process — Allegations of cheating, criminal breach of trust, and conspiracy against directors/chairman of a company for non-payment of dues by a third party arose from a commercial transaction to which the directors had no direct involvement - The court found no
India Law Library Docid # 2428357

(434) JAI PRAKASH JAISWAL AND ANOTHER Vs. THE OFFICIAL LIQUIDATOR AND OTHERS[CALCUTTA HIGH COURT] 05-08-2025
Civil Procedure Code, 1908 (CPC) — Section 80 — Notice to Public Officer — Applicability to Official Liquidator — Official Liquidator is a Public Officer under Section 2(17) of CPC — Suit against Official Liquidator requires two months' prior notice — Non-compliance leads to bar of suit unless leave granted under Section 80(2) — Withdrawal of suit with liberty to sue afresh under Order 23 Rule
India Law Library Docid # 2428358

(435) SMITA JINA Vs. AMIT KUMAR JINA[DELHI HIGH COURT] 05-08-2025
Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 — Judgment on admissions — Power to pronounce judgment on admissions — Exercise of power requires clear, unambiguous, and unequivocal admissions — Admissions must leave no room for doubt or interpretation — Power to be exercised with circumspection
India Law Library Docid # 2428359

(436) HUSSAIN AHMED Vs. STATE (NCT) OF DELHI[DELHI HIGH COURT] 05-08-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 415, 528 — Appeal against conviction and sentence — Penal Code, 1860 (IPC) — Sections 394/397/411/34 — Arms Act — Section 25 — Robbery with hurt and use of deadly weapon — Conviction upheld based on consistent ocular testimony, corroborative medical evidence, and recovery of weapon.
India Law Library Docid # 2428360

(437) PUNAM GUPTA AND ANOTHER Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 05-08-2025
H.P. Land Revenue Act, 1954 — Section 163-A — Constitutional validity — Regularisation of encroachment on Government land — Section 163-A, which permits regularisation of encroachments on Government land, is manifestly arbitrary and unconstitutional. The provision allows for the legalisation of illegalities and contradicts the principal statute's aim of preventing and removing encroachments. Such a
India Law Library Docid # 2428361

(438) HARISH KUMAR Vs. AMAR NATH AND ANOTHER (BOTH DEAD AND REPRESENTED THROUGH LR.)[SUPREME COURT OF INDIA] 05-08-2025
Civil Procedure Code, 1908 — Section 100 — Second appeal — Re-appreciation of evidence — High Court should not ordinarily re-appreciate evidence in second appeal unless there are substantial questions of law or findings are based on gross misreading or misappreciation of evidence — Concurrent findings of fact by trial and appellate courts are generally binding — Reversal of concurrent findings by High
India Law Library Docid # 2428362

(439) SINCERE SECURITIES PRIVATE LIMITED AND OTHERS Vs. CHANDRAKANT KHEMKA AND OTHERS[SUPREME COURT OF INDIA] 05-08-2025
Insolvency and Bankruptcy Code, 2016 — Section 62; Section 14(1)(d) — Appeal against NCLAT order setting aside NCLT order directing return of property — NCLT had directed return of property based on CoC decision that property not required by corporate debtor — NCLAT set aside NCLT order invoking Section 14(1)(d) barring recovery of property during CIRP — Supreme Court held that Section 14(1)(d) not
India Law Library Docid # 2428363

(440) ODISHA STATE FINANCIAL CORPORATION Vs. VIGYAN CHEMICAL INDUSTRIES AND OTHERS[SUPREME COURT OF INDIA] 05-08-2025
State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable.
India Law Library Docid # 2428364