(541) NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. BALKAR SINGH AND OTHERS[UTTARAKHAND HIGH COURT] 03-12-2025 Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Challenge to Arbitral Award — Scope of Judicial Review — Patent Illegality — An arbitral award that suffers from patent illegality or perversity, or conflicts with the public policy of India, remains unsustainable and is liable to be set aside under Sections 34 and 37 — Patent illegality arises when the Arbitral Tribunal blatantly disregards the express India Law Library Docid # 2436524
(542) KHUSBOO SINGH Vs. SHRI SANDEEP KUMAR[UTTARAKHAND HIGH COURT] 03-12-2025 Hindu Marriage Act, 1955 — Section 13(1)(i-a) (Cruelty) — Divorce — What constitutes Cruelty — Making unsubstantiated and indecent defamatory allegations against spouse or their relatives, including accusations of extra-marital relations and false allegations of serious criminal offences (such as rape and dowry harassment), constitutes mental cruelty sufficient for dissolution of marriage — Where appellant India Law Library Docid # 2436525
(543) ABHISHEK GUPTA Vs. DINESH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 03-12-2025 Allahabad High Court Rules, 1952 — Chapter 8 Rule 5 — Special Appeal — Maintainability — Bar created by Rule 5 against Special Appeals from Single Judge orders in Article 226/227 petitions must yield to foundational principles of natural justice where a non-party to the writ petition is adversely affected — An aggrieved person whose interests are prejudicially affected by an order of a Single Judge in a India Law Library Docid # 2436528
(544) SUSHILABEN HARILAL JOSHI (DELETED SINCE DECEASED) (A) JYOTI HARSUKHRAI JOSHI AND OTHERS Vs. TRIVENIBEN BHIKHALAL BUSA AND OTHERS[BOMBAY HIGH COURT] 03-12-2025 Maharashtra Rent Control Act, 1999 — Section 15(3) — Recovery of possession on ground of rent arrears — Statutory protection against eviction decree — A tenant can avoid an eviction decree for non-payment of rent if they pay or tender the standard rent, permitted increases, and simple interest (15% p.a.) within ninety days from the date of service of the suit summons, and continue regular payments India Law Library Docid # 2436987
(545) KHURSIDA AHMED Vs. ENUISH ALI AND OTHERS[GAUHATI HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Second Appeal — Substantial Question of Law — Sustainable decree — Money Suit for recovery of earnest money based on agreement for sale of vehicle — Agreement alleged to be fraudulent due to misrepresentation regarding outstanding loan and payments made to finance company — Courts below finding breach of contract and fraudulent execution based on evidence and Section 23 of Contract Act, 1872 — Where execution and terms of India Law Library Docid # 2437248
(546) M/S AMPROLISA CONSTRUCTION AND MARKETING PVT LTD Vs. GUPTA HARDWARE PRIVATE LIMITED AND ANOTHER[GAUHATI HIGH COURT] 03-12-2025 Negotiable Instruments Act, 1881 — Section 138 — Complaint by Company — Authorization — Curable defect — A complaint filed by a Company (juristic person/payee) must be represented by a natural person who is authorized to act on its behalf — Initial defect concerning the proper authorization of the natural person (employee/Marketing Manager) representing the company to institute the complaint is a curable defect and not a ground to quash the proceedings at the threshold, even if India Law Library Docid # 2437249
(547) JAYANTA BASUMATARY Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 03-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374 read with Section 382 — Appeal against conviction — Indian Penal Code, 1860 (IPC) — Section 324 — Hurt by dangerous weapons or means — Conviction maintained where the Trial Court correctly held the appellant guilty of the offense under Section 324 IPC, despite initial charge including Section 307 and 326 IPC, based on the nature of injuries sustained by the victim and the evidence presented. India Law Library Docid # 2437250
(548) SANJAY GUPTA AND OTHERS Vs. ATTAR CHAND AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Application for rejection of plaint dismissed by Trial Court — Issues regarding maintainability of suit (under Order II Rule 2 CPC, Order XXIII Rule 1 CPC, limitation, and Section 41(e) and 41(h) of Specific Relief Act) were raised by Petitioners (Defendants) — Consensus reached between parties that Petitioners would India Law Library Docid # 2436929
(549) ATMA SINGH(SINCE DISEASED) THROUGH LRS AND OTHERS Vs. JASWANT SINGH(SINCE DISEASED) THROUGH LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Registration Act, 1908 (Act of 1908) — Section 17(1) and Section 17(2)(vi) — Compulsory Registration — Consent Decree — A consent decree that creates right, title, and interest in immovable property for the first time (in praesenti) in favour of a party, rather than merely declaring a pre-existing right, requires compulsory registration under Section 17(1) of the Act of 1908 — Exemption under Section India Law Library Docid # 2436930
(550) HARBHAJAN SINGH AND OTHERS Vs. BEANT SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Specific Relief Act, 1963 — Section 16(c) — Suit for Specific Performance — Readiness and Willingness — Equitable Estoppel — Subsequent Purchaser — Even if execution of the agreement to sell and initial readiness and willingness of the plaintiffs (original buyers) are proved, the equitable remedy of specific performance may be refused if the plaintiffs' conduct demonstrates acquiescence to the subsequent India Law Library Docid # 2436931
(551) BIKKAR SINGH Vs. UJAGAR SINGH (SINCE DECEASED) THROUGH LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent Findings of Fact — Where both the trial court and the first appellate court have returned concurrent findings of fact based on a careful appreciation of oral and documentary evidence, and the findings are found to be well-reasoned, free from infirmity, and not perverse or contrary to settled legal principles, the High Court will not interfere in the second appeal. (Paras 12, 16, India Law Library Docid # 2436932
(552) NEW INDIA ASSURANCE CO. LTD. Vs. CHARANJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Motor Vehicles Act, 1988 — Compensation — Proof of Accident and Negligence — Claimants' case of accident caused by respondent-Nandlal's rash and negligent driving of truck MP-44HA-0696 — Evidence shows involvement of two trucks (MP-44HA-0696 and PB-11AP-8185) resulting in deceased's death — Driver of offending vehicle (Nandlal) failed to step into witness box to rebut claim or explain the India Law Library Docid # 2436933
(553) RAMANRAO AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 03-12-2025 Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act) — Sections 2(c), 2(d) and 3 — Penal Code, 1860 (IPC) Sections 411 and 413 — Scope of 'Deposit' — Quashing of FIR under MPID Act and IPC (Sections 411, 413) — Applicants obtained loans in names of farmers by misrepresentation and siphoned funds; this act constitutes a loan transaction, not ‘deposit’ under MPID Act sec.2(c) — Applicants’ activity does not fit definition of ‘Financial Establishment’ India Law Library Docid # 2437110
(554) BLESSING AMAKA OKONKO Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 03-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c), 22(b), 22(c), 29, 37, 42, 50 — Bail Application — Commercial Quantity — Section 37 Conditions — Bail under NDPS Act, especially when commercial quantity (460 grams of Mephedrone/MD) is recovered, requires the Court to be satisfied that there are reasonable grounds for believing the accused is not guilty and is unlikely to commit further offences — "Reasonable grounds" means something more than prima facie grounds an India Law Library Docid # 2437170
(555) CHANDRASHEKHAR BHIMSEN NAIK Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 03-12-2025 Constitution of India, 1950 — Article 21 and 22 — Protection against arrest and detention — Requirement of legal and procedural safeguards — Personal liberty is sacrosanct; deprivation of liberty must strictly follow procedure established by law — Arrests curtail freedom and dignity, mandating strict adherence to safeguards under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) analogous to CrPC, 1973 — Failure to comply renders arrest illegal and entitles the arrested person to release. India Law Library Docid # 2437171
(556) NITIN JAYSING SALUNKHE Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (CIRCUIT BENCH AT KOLHAPUR)] 03-12-2025 Writ Petition — Service Matters — Appointment Approval — Service litigation concerning employees of private schools often involves disputed facts regarding seniority, absorption, approval of appointment/transfer, salary, reservation, staffing patterns, etc., which are unsuitable for adjudication under Article 226 of the Constitution of India. India Law Library Docid # 2437184
(557) ARFAZ MEHBOOB TAK Vs. UNION OF INDIA, THROUGH SUB-INSPECTOR NARCOTICS CONTROL BUREAU, JAMMU ZONAL UNIT, JAMMU AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Grant of Bail — Successive Bail Application — Commercial Quantity — Financing Illicit Traffic (Section 27A) — Rigors of Section 37 — The existence of 'reasonable grounds' to believe the accused is guilty, which bars bail under Section 37, must be inferred from facts and circumstances, specifically the nature of evidence, India Law Library Docid # 2436258
(558) DEVENDRA JOSHI UNSOUND MIND THROUGH MOTHER SMT. JAYSHREE Vs. CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD. AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-12-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claim — Proof of involvement of insured vehicle — Standard of Proof — Claims Tribunal dismissed claim petitions, finding the involvement of the insured vehicle (a tractor-tanker) in the accident (which involved a stationary vehicle without signage) was not proved, citing delay in FIR (lodged on 11.08.2010 for accident on 14.05.2010) and unreliability of India Law Library Docid # 2436287
(559) SACHIN SISODIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-12-2025 Public Interest Litigation (PIL) — Maintainability and Abuse of Process — A PIL seeking registration of an FIR against a Police Officer (Respondent No. 5) was dismissed as not genuine, constituting an abuse of process — The Court noted that a prior PIL seeking similar relief for the same incident, filed on behalf of the victim (Respondent No. 6), was withdrawn after the victim himself had approached the Court India Law Library Docid # 2436288
(560) BAL KUMAR PATEL @ RAJ KUMAR Vs. STATE OF U.P[SUPREME COURT OF INDIA] 03-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against India Law Library Docid # 2436212