(21) ASHOK KUMAR SINGH Vs. THE STATE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Penal Code, 1860 — S. 497 — Offence of Adultery — Constitutionality — Joseph Shine v. Union of India (AIR 2018 SC 4898) — Discussion on the nature and historical context of Section 497 IPC. Analysis of the provision as reflecting archaic, patriarchal notions treating the wife as the husband’s chattel or property — Examination of its discriminatory aspects, where only the “outsider” male is punished, the wife is exempt from punishment even as an abettor, and the offence is contingent on the absen India Law Library Docid # 2424867
(22) ABC INFOSYSTEMS PRIVATE LIMITED AND ANOTHER Vs. ABS INDIA PRIVATE LIMITED[DELHI HIGH COURT] 17-04-2025 Commercial Courts Act, 2015 — S. 12A — Pre-Institution Mediation — Exception — Urgent Interim Relief (CPC, Order 38 R. 5) — Examination of the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act — Consideration of the exception where the suit contemplates urgent interim relief — Where a plaintiff seeks urgent relief, such as attachment before judgment under Order XXXVIII Rule 5 CPC, citing specific circumstances like the withdrawal of a bank guarante India Law Library Docid # 2424868
(23) APSRTC, VIZIANAGARAM DIST AND ANOTHER Vs. YENNI GOWRI AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Standard of Proof & Appreciation of Evidence — In motor accident claims, the standard of proof required to establish negligence is preponderance of probabilities, not proof beyond reasonable doubt Credible eyewitness testimony regarding the rash and negligent driving of the offending vehicle, corroborated by police documents, should be preferred over the driver’s denial, especially when the driver admits to being convicted in the related crim India Law Library Docid # 2424885
(24) BALINA SRIMANNARAYANA Vs. M/S. SRR HOSPITALITIES PRIVATE LIMITED AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Maintainability against Rejection of Review Application at Numbering Stage — Examination of whether a Civil Revision Petition is maintainable against an order of the trial court rejecting an application for review (under Order 47 Rule 1) prior to its numbering, particularly considering the doctrine of merger and distinguishing cases where review is dismissed on merits versus dismissed in limine without numbering. India Law Library Docid # 2424897
(25) RMS CONSULTANTS PVT. LTD. AND OTHERS Vs. TRIDIVA ERGONOMIC INTERIORS (P.) LTD.[DELHI HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — S. 20(c) — Commercial Courts Act, 2015 — S. 13 — Territorial Jurisdiction — Cause of Action — Part thereof — Suit for Recovery — Determination of territorial jurisdiction in a commercial suit for recovery of money for interior designing, supply, and installation services — Discussion on where the cause of action arises, wholly or in part, under S. 20(c) CPC. Consideration of various elements including: place where the defendant approached the plaintiff, location of m India Law Library Docid # 2424865
(26) DR JWALA PRASAD Vs. UNION OF INDIA MINISTRY OF CULTURE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Service Law — Deputation — Appointment on Deputation vs. Transfer on Deputation — Premature Repatriation — Arbitrariness — Discussion on the distinction between ‘appointment on deputation’ and ‘transfer on deputation’ — Consideration of the legal principle that while premature repatriation of an employee on ‘appointment on deputation’ for a fixed initial term (extendable at discretion) is permissible, it cannot be effected in an arbitrary or capricious manner and requires sufficient cause, parti India Law Library Docid # 2424866
(27) M/S S.P.M.L. INFRA LIMITED Vs. M/S S.N.C.C. CONSTRUCTION AND OTHERS[RAJASTHAN HIGH COURT] 17-04-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Power to refer parties to arbitration — Mandatory Nature — Pre-institution Mediation under Section 12-A, Commercial Courts Act, 2015 — Effect of Non-participation — Section 8 of the Arbitration and Conciliation Act, 1996, is peremptory in nature — Where a valid arbitration agreement exists covering the subject matter of the suit, the judicial authority is obligated to refer the parties to arbitration if an application under Section 8 is made n India Law Library Docid # 2425102
(28) M.W.R.JAYAKAR A1 Vs. STATE OF A.P., REP. BY INSPECTOR OF POLICE, ACB[TELANGANA HIGH COURT] 16-04-2025 Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) — Proof of Demand — Sine Qua Non — Proof of demand of illegal gratification is the sine qua non for constituting offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 — Mere acceptance or recovery of money, in the absence of proof of demand beyond reasonable doubt, is insufficient to sustain a conviction — The presumption under Section 20 of the Act can only be drawn upon proof of acceptance pursuant to a demand India Law Library Docid # 2424839
(29) MEHTA PRASHANTBHAI MUKUNDRAY PARTNER M/S COAL CORPORATION Vs. M/S MAGNIFICO MINERALS PVT LTD[DELHI HIGH COURT] 16-04-2025 Negotiable Instruments Act, 1881 — S. 141 — Vicarious Liability — Requirement to Implead Company/Firm as Primary Accused: Discussion reaffirming the principle established in Dilip Hariramani v. Bank of Baroda (2022 SCC OnLine SC 579) and other precedents that vicarious liability under Section 141 NI Act can only be fastened onto directors/partners if the company or firm, being the primary offender, is also arrayed as an accused in the complaint. India Law Library Docid # 2424869
(30) ABBVIE BIOTHERAPEUTICS INC AND ANOTHER Vs. ASSISTANT CONTROLLER OF PATENT DESIGNS[DELHI HIGH COURT] 16-04-2025 Patents Act, 1970 — Section 59(1) — Permissibility of Amendments — Scope of Claims — Amendments to a patent application or specification under Section 59(1) are permissible only by way of disclaimer, correction, or explanation for incorporating an actual fact — Crucially, such amendments must not result in the amended specification claiming or describing matter not disclosed in substance in the original specification, and the amended claims must fall wholly within the scope of the claims as orig India Law Library Docid # 2424929
(31) BHAVNA LATHER AND OTHERS Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 16-04-2025 Criminal Procedure Code, 1973 — Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482] — Anticipatory Bail — Maintainability after Issuance of NBW / Proclamation (S. 82 CrPC) — The power to grant anticipatory bail is an extraordinary power — Once non-bailable warrants (NBWs) have been issued against an accused, or more significantly, proclamation proceedings under Section 82 CrPC have been initiated due to non-appearance and evasion of process, the accused is generally not entitled India Law Library Docid # 2424930
(32) MRS. RASHMI SRIVASTAVA AND ANOTHER Vs. M/S. LOTUS GREENS CONSTRUCTIONS PVT. LTD. AND OTHERS[DELHI HIGH COURT] 16-04-2025 Limitation Act, 1963 — Article 122 — Application for Restoration (Order IX Rule 9 CPC) — Limitation Period — An application under Order IX Rule 9 CPC for setting aside a dismissal for default and restoring the suit must be filed within 30 days from the date of dismissal, as prescribed by Article 122 of the Limitation Act — An application filed beyond this period, without an accompanying application for condonation of delay supported by sufficient cause, is liable to be dismissed as time-barred. India Law Library Docid # 2424931
(33) JASKARAN SINGH Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 16-04-2025 Criminal Procedure Code, 1973 (Now Bharatiya Nagarik Suraksha Sanhita, 2023) — Sections related to Bail Cancellation and Issuance of Warrants — Section 482 (Now S. 528 BNSS) — Non-Appearance of Accused — Cancellation of Bail & Issuance of Non-Bailable Warrants — Procedural Fairness — Issuance of non-bailable warrants and cancellation of bail upon a single instance of non-appearance by an accused, who was previously appearing regularly, must not be done mechanically — Where India Law Library Docid # 2425117
(34) ARDDY ENGINEERING INNOVATIONS PVT. LTD. AND OTHERS Vs. HERAEUS TECHNOLOGIES INDIAN PVT. LTD.[CALCUTTA HIGH COURT] 16-04-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 202, 204 & 482 — Issuance of Process — Application of Mind — Inquiry under Section 202 — Quashing of Proceedings — Where a Magistrate, before issuing process under Section 204 CrPC (especially against accused residing outside jurisdiction), directs an inquiry under Section 202 CrPC and subsequently issues process after considering the inquiry report, it indicates application of judicial mind — Such an order issuing process does not require detailed India Law Library Docid # 2425164
(35) ASHOK RANI Vs. KASHMIRI LAL[DELHI HIGH COURT] 15-04-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of Pleadings — Scope of Adjudication by Court — Merits vs. Allowability — While deciding an application for amendment under Order VI Rule 17 CPC, the Court should generally confine itself to whether the amendment is necessary for determining the real questions in controversy and whether it causes prejudice to the other side — The merits of the averments sought to be incorporated by the amendment are not to be adjudicated upon or decided at India Law Library Docid # 2424932
(36) AMIT VERMA AND OTHERS Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 15-04-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 [Corresponding to Section 482 Criminal Procedure Code, 1973] — Inherent Powers of High Court — Quashing of FIR and Criminal Proceedings — Settlement in Matrimonial Disputes — Exercise of inherent jurisdiction to quash FIR registered under Sections 498A/406/34 IPC and all consequential proceedings based on an amicable settlement arrived at between the petitioner-husband (and his family members) and the respondent No.2-wife — Factors supportin India Law Library Docid # 2424933
(37) ASEEM RAJPAL Vs. DIVYA DUGGAL[DELHI HIGH COURT] 15-04-2025 Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23 & 29 — Interim Maintenance — Assessment of Income and Entitlement — Determination of interim maintenance involves a prima facie assessment based on pleadings, income affidavits, and admitted background/lifestyle of parties — Where husband claims low income inconsistent with affluent background and lifestyle, appellate court’s conservative assessment of his income (Rs. 50,000/- pm) for interim maintenance is justified — Wife’s India Law Library Docid # 2424934
(38) AZURE HOSPITALITY PRIVATE LIMITED Vs. PHONOGRAPHIC PERFORMANCE LIMITED[DELHI HIGH COURT] 15-04-2025 Copyright Act, 1957 — Sections 18(2), 30, 33(1), 33(3), 33A — Licensing of Copyright — Sound Recordings — Requirement of Copyright Society Registration/Membership — Interpretation — Any person or association of persons (including an assignee of copyright in sound recordings under S. 18(2)) carrying on the “business of issuing or granting licences” in respect of copyrighted works or any other rights conferred by the Act, is mandatorily required by S. 33(1) to do so only under or in accordance wit India Law Library Docid # 2424935
(39) SONU Vs. STATE GOVT. OF NCT OF DELHI[DELHI HIGH COURT] 15-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 — Bail — Commercial Quantity — Applicability of Twin Conditions — Grant of regular bail in a case involving recovery of commercial quantity of contraband (Opium Doda) — Where conscious possession of the contraband by the applicant (a driver) is a seriously debatable question of fact to be determined during trial, and considering factors such as: (i) prolong India Law Library Docid # 2424936
(40) STATE BANK OF INDIA Vs. SRI BIRESH CHANDRA GANGOPADHYAY[TELANGANA HIGH COURT] 11-04-2025 Criminal Procedure Code, 1973 — Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528] — Quashing of Cognizance Order and Proceedings — Scope of Inquiry — Abuse of Process — Political Rivalry — In exercising inherent powers under Section 482 CrPC (S. 528 BNSS), particularly when factors like potential political rivalry or ulterior motives are alleged, the Court is not limited to accepting the charge sheet averments at face value. It can scrutinize the accompanying materials, witnes India Law Library Docid # 2424835