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(181) DIPANJAN BHATTACHARJEE Vs. MS. LAD DEVI JAIN[CALCUTTA HIGH COURT] 03-04-2025
Negotiable Instruments Act, 1881 — Section 141 — Vicarious Liability — Partners/Directors — Essential Averments in Complaint — To fasten vicarious liability upon a partner (including a designated partner of an LLP) or director under Section 141 of the NI Act for an offence committed by the LLP/company, the complaint must contain specific averments that such person was, at the time the offence was committed, in charge of, and responsible to, the LLP/company for the conduct of its business — Merel
India Law Library Docid # 2425206

(182) BIJOY RAM SINHA Vs. SHIB NATH BHADURI[CALCUTTA HIGH COURT] 03-04-2025
Evidence Act, 1872 — Section 114 Illustration (f) — General Clauses Act, 1897 — Section 27 — Presumption of Service — Notice by Certificate of Posting — Rebuttal — Where a notice of intended sale, required under a contractual pre-emption clause in a partition deed, is proved to have been sent by certificate of posting to the correct address of the co-allottee (plaintiff), a presumption of due service arises under Section 114(f) of the Evidence Act and Section 27 of the General Clauses Act — This
India Law Library Docid # 2425207

(183) SHREE P. A. PAREKH AND ANOTHER Vs. MAHARASHTRA POLLUTION CONTROL BOARD AND ANOTHER[BOMBAY HIGH COURT] 02-04-2025
Water (Prevention and Control of Pollution) Act, 1974 — Section 21 — Procedure for Taking Effluent Samples — Mandatory Requirements — Section 21 of the Water Act lays down a mandatory procedure for taking effluent samples for analysis, which includes serving notice, dividing the sample into two parts in the presence of the occupier/agent, sealing and marking both parts, sending one part to the prescribed Board laboratory, and, importantly, sending the second part to a laboratory specified under
India Law Library Docid # 2424300

(184) RANGRAO MAHADU PETHKAR (DECEASED, THROUGH HEIR & LR) Vs. SADASHIV MARUTI VIBHUTE (SINCE DECEASED THROUGH HEIRS AND L.RS.) AND OTHERS[BOMBAY HIGH COURT] 02-04-2025
Maharashtra Tenancy and Agricultural Lands Act, 1948 — Sections 14, 43A & Notification thereunder — Termination of Tenancy for Sugarcane Cultivation — For agricultural lands leased out for sugarcane cultivation, governed by Section 43A of the Tenancy Act, the termination of tenancy due to default in payment of rent requires compliance with the procedure specified in the Notification issued under Section 43A(3), read with Section 14 — This involves the landlord giving the tenant three months’ wri
India Law Library Docid # 2424276

(185) JUNED @ JISHAN Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 02-04-2025
Penal Code, 1860 — Section 376 — Evidence Act, 1872 — Section 114, Illustration (b) — Appreciation of Evidence — Testimony of Rape Victim — The testimony of a victim of sexual assault is accorded significant weight, comparable to that of an injured witness — Corroboration is not an indispensable requirement for conviction if her evidence inspires confidence and is found reliable — The court must evaluate her testimony with sensitivity, mindful that she is a victim, not an accomplice — Minor cont
India Law Library Docid # 2424310

(186) GEORGE POTHAN AND OTHERS Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 02-04-2025
Land Acquisition Act, 1894 — Appeals — Maintainability — State has locus standi to file appeal against enhancement of compensation even if acquisition is for the benefit of a statutory body (requisitioning authority), as the primary liability to pay compensation rests with the State invoking eminent domain.

Land Acquisition Act, 1894 — Market Value Determination — Role of LAO’s Assessment — If the Land Acquisition Officer considers and discards certain sale instances (claimant’s own purchase d
India Law Library Docid # 2424594

(187) CANARA BANK BRANCH OFFICE Vs. SREEKUMARI K AND OTHERS[KERALA HIGH COURT] 02-04-2025
Limitation Act, 1963 — Section 18 — Effect of Acknowledgment in Writing — A fresh period of limitation commences from the date an acknowledgment of liability is signed by the party against whom a right is claimed, provided it is made before the expiration of the prescribed period — Where successive acknowledgments were executed before the expiry of the initial and extended limitation periods respectively, the suit filed based on the last acknowledgment is within time.
India Law Library Docid # 2424636

(188) SMT. SAVITRI BAI AND OTHERS Vs. INDERKUMAR GABEL AND ANOTHER[CHHATTISGARH HIGH COURT] 02-04-2025
Motor Vehicles Act, 1988 — Section 166 — Maxim ‘actio personalis moritur cum persona’ — Survival of Claim for Personal Injuries upon Claimant’s Death — Loss to Estate — A claim petition filed under Section 166 of the MV Act for personal injuries sustained in a motor accident abates upon the death of the injured claimant (if the death is unrelated to the accident injuries), in accordance with the maxim ‘actio personalis moritur cum persona’ — However, the claim survives to the extent of pecuniary
India Law Library Docid # 2424721

(189) B.SRIKANTH AND OTHERS Vs. THE STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 02-04-2025
Constitution of India — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR/Charge Sheet (S. 498A IPC) — Scope of Consideration — Entirety of Circumstances — In proceedings seeking quashing of criminal complaints, particularly those arising from matrimonial disputes, the High Court is not confined merely to the averments in the complaint/FIR — It can and should consider the entirety of the circumstances and background, including subsequent events like divorce proceedings,
India Law Library Docid # 2424836

(190) ANDEM SUDHAKAR REDDY AND ANOTHER Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 02-04-2025
Telangana Rights in Land and Pattadar Passbooks Act, 1971 — Section 4(1) — Limitation Act, 1963 — Article 136 — Mutation Based on Court Decree — Time Limits — A person acquiring rights through a court decree must intimate the acquisition to the Tahsildar under Section 4(1) of the ROR Act, 1971, within the prescribed period (originally 90 days, later amended) — Furthermore, seeking implementation or mutation based on a decree, particularly a partition decree, is subject to the limitation period f
India Law Library Docid # 2424840

(191) RACHERLA PADMAVATHAMMA Vs. MARINENI NAGALAKSHMI AND OTHERS[ANDHRA PRADESH HIGH COURT] 02-04-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — Order Dismissing Order 7 R 11 Application — Invocation of High Court’s supervisory power under Article 227 to examine the legality and correctness of a trial court order dismissing an application filed under Order VII Rule 11 CPC seeking rejection of a plaint.
India Law Library Docid # 2424899

(192) POTHURAJU SUBBA RAO Vs. VELLANKI VENKATADRI AND OTHERS[ANDHRA PRADESH HIGH COURT] 02-04-2025
Civil Procedure Code, 1908 — Order VI Rule 17, Proviso — Amendment of Pleadings Post-Trial Commencement — Due Diligence— The proviso to Order VI Rule 17 significantly restricts the court’s power to allow amendment of pleadings after the trial has commenced Such an amendment shall not be allowed unless the court concludes that the party seeking amendment could not have raised the matter earlier despite exercising due diligence — This principle applies even at the stage of first or second appeal.
India Law Library Docid # 2424903

(193) SACHDEVA LAND AND FINANCE PVT LTD Vs. MS CHAHAT JAIN[DELHI HIGH COURT] 02-04-2025
Negotiable Instruments Act, 1881 — Section 141(1) — Vicarious Liability of Directors — Time of Offence and Resignation — For fastening vicarious liability upon a director under Section 141(1) of the NI Act, it is essential that the person was (i) in charge of, and (ii) responsible for the conduct of the company’s business at the time the offence under Section 138 was committed — A director who has duly resigned from the company prior to the commission of the offence cannot ordinarily be held lia
India Law Library Docid # 2424953

(194) M/S CNR EXPORTS Vs. MOHD. QADEER PROP. OF M/S MEHTAB EXPORT HOUSE[DELHI HIGH COURT] 02-04-2025
Evidence Act, 1872 — Appreciation of Evidence — Suit for Recovery — Sale of Goods — In a suit for recovery based on goods sold and delivered, where the plaintiff establishes supply through invoices, ledger accounts, and communication seeking payment, and the defendant admits receipt but claims return due to defects, the onus is on the defendant to prove the return and the alleged defects with cogent evidence.
India Law Library Docid # 2424954

(195) MOIRANGTHEM ANAND SINGH Vs. NATIONAL INVESTIGATION AGENCY (NIA)[DELHI HIGH COURT] 02-04-2025
Unlawful Activities (Prevention) Act, 1967 — Section 43D(5) — Bail — Test for Rejection — Prima Facie Truth — The primary test for denying bail under Section 43D(5) of UAPA is whether the Court, on a perusal of the case diary and the report under Section 173 Cr.P.C., is of the opinion that there are reasonable grounds for believing the accusations against the accused are prima facie true — This requires assessing the totality of material presented by the investigation agency based on broad proba
India Law Library Docid # 2424955

(196) M/S SIDDHARTHA CONSTRUCTION CO. Vs. INDIA TOURISM DEVELOPMENT CORPORATION AND ANOTHER[DELHI HIGH COURT] 02-04-2025
Arbitration and Conciliation Act, 1996 — Section 12(5) & Seventh Schedule — Ineligibility from Unilateral Appointment — A person whose relationship with the parties or subject matter falls under the Seventh Schedule is ineligible to be appointed as an arbitrator — Furthermore, a person who is themselves ineligible to act as an arbitrator is also ineligible to appoint a sole arbitrator — Any such unilateral appointment by an ineligible person renders the appointment void ab initio.
India Law Library Docid # 2424956

(197) PRAKASH LAL KHERA Vs. STATE AND OTHERS[DELHI HIGH COURT] 02-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Summoning Order — Scope — The High Court, exercising powers under Section 482 Cr.P.C., can quash a summoning order if the allegations in the complaint and the pre-summoning evidence, taken at face value, do not disclose the essential ingredients of the offence alleged against the accused, or where initiating proceedings would amount to an abuse of process.
India Law Library Docid # 2424957

(198) M/S SEASPRAY SHIPPING CO LTD. Vs. STEEL AUTHORITY OF INDIA LTD.[DELHI HIGH COURT] 02-04-2025
Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Scope of Interference — International Commercial Arbitration Award — Public Policy — Judicial review of an award in an international commercial arbitration under Sections 34 and 37 is extremely limited — Interference is permissible only on grounds specified in Section 34(2), primarily contravention of the “fundamental policy of Indian law” (narrowly construed post-2015 amendment) or conflict with basic notions of morality or justice — T
India Law Library Docid # 2424958

(199) MOHD ANSAR SIDDIQUI Vs. VARUN SACHDEVA[DELHI HIGH COURT] 02-04-2025
Civil Procedure Code, 1908 — Order XII Rule 6 — Judgment on Admissions — Scope — Judgment on admissions under Order XII Rule 6 CPC can be passed not only on clear and unequivocal admissions but also where the defence raised is ex facie specious, untenable, moonshine, or illusory — The court is justified in considering the pleadings (written statement) to ascertain if any triable issue or legally tenable defence arises, failing which a decree can be passed without relegating the matter to
India Law Library Docid # 2424959

(200) UDAYA KUMAR KAMATH Vs. GOVERNMENT OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 02-04-2025
Succession Act, 1925 — Section 63 & Evidence Act, 1872 — Section 68 — Proof of Due Execution of Will — To obtain probate, the propounder must prove the due and valid execution of the Will in accordance with Section 63 of the Succession Act, 1925 — This requires proving not only the testator’s signature/mark but also proper attestation by at least two witnesses — As mandated by Section 68 of the Evidence Act, 1872, at least one attesting witness (if alive, capable, and subject to court process) m
India Law Library Docid # 2424960