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(221) R. PALANISAMY Vs. D.THANGAMUTHU AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Oral Partition — Burden of Proof — When a plaintiff alleges an oral partition of property, the burden of proving such a partition lies upon them.
India Law Library Docid # 2427411

(222) N. PALANISAMY GOUNDER (DIED) BY LRS Vs. N. JEYABAL AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Hindu Law — Joint Family Property — Self-Acquired Property — Evidence — Burden of Proof — Mere partition between co-owners does not automatically establish joint family or ancestral property status; there must be evidence of pre-existing joint family property or contribution from such, and recitals in partition deeds claiming self-acquired status should be considered. When no prior evidence of joint
India Law Library Docid # 2427412

(223) PAPANNA Vs. MUNIRAJ AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Ancestral Property — Oral Partition — Gift Deed — Adverse Possession — Limitation Act, 1963 — Section 27, Article 64 — Court Fees Act, 1955 — Section 37(2) — Maintainability of Suit for Partition — Proper description of Suit Property — Pecuniary Jurisdiction — Non-joinder of Necessary Parties — Estoppel.

B. Hindu Law — Ancestral Property — Proof — Burden of proof is on the party claiming property to be anc
India Law Library Docid # 2427413

(224) P. LEKHA AND OTHER Vs. THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION[MADRAS HIGH COURT] 01-07-2025
Constitution of India — Article 226 — Writ Petition — Mandamus — Public Service Commission Examinations — Certificate Verification — Non-submission of documents within stipulated time — Effect of subsequent Corrigendum/Press Release extending time for re-uploading documents — Principles of transparency, non-discrimination, and non-arbitrariness under Article 14 — Where the recruiting agency, despite strict initial conditions, issues a Corrigendum allowing candidates to re-upload documents that w
India Law Library Docid # 2427414

(225) C.H.MOOSA Vs. CENTRAL BUREAU OF INVESTIGATION[KERALA HIGH COURT] 01-07-2025
Criminal Procedure — Discharge — Framing of Charge — Principles — At the stage of considering discharge or framing charge, the court is not expected to deeply evaluate the probative value of materials but must assess whether a prima facie case exists against the accused based on the prosecution’s materials — The judicial mind must be applied to determine if there are sufficient grounds to proceed with the trial — If the materials, taken at face value, disclose the ingredients of the alleged offe
India Law Library Docid # 2427415

(226) CHAMPA LAL Vs. MEETHA LAL AND OTHER[RAJASTHAN HIGH COURT] 01-07-2025
Rajasthan Public Trust Act, 1959 — Section 29 — Bar to suit — Unregistered Trust — Valuation of property — Burden of proof — Absence of pleading or evidence — The Civil Court is not required to determine the valuation of temple property (and consequently, whether the trust is a public or private trust requiring mandatory registration under Section 29) when the defendant fails to raise specific pleadings or adduce evidence regarding the property’s valuation or income, especially
India Law Library Docid # 2427485

(227) THE STATE OF MADHYA PRADESH AND OTHERS Vs. RAMESH BHABAR AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Madhya Pradesh Panchayat Services (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 — Rules 2, 3(1-b), 5(1), 6(7) — Applicability of Rules — Gram Panchayat Secretary — Competent Authority for Transfer — Rule 6(7) — Transfer on administrative grounds or application within district — After proper enquiry of complaints on recommendation of CEO, Janpad Panchayat — CEO,
India Law Library Docid # 2428011

(228) L & T GENERAL INSURANCE COM. LTD AND OTHERS Vs. SMT. GOMAYA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-06-2025
Motor Vehicles Act, 1988 — Compensation — Death — Assessment of Income — Future Prospects — Deceased was a Constable in BSF, aged 51, in permanent employment — Application of 15% future prospects is justified as per law laid down in Pranay Sethi (supra) for those in permanent jobs, considering inherent possibility of enhancement.
India Law Library Docid # 2428012

(229) SHIVAJI RAO TAMBAT Vs. SMT PARWAT KANNOJIYA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-06-2025
Madhya Pradesh Accommodation Control Act, 1961 — Section 13(2) — Dispute as to amount of rent payable by tenant — Provisional Rent — Court’s Obligation — When a tenant disputes the amount of rent in a suit under the M.P. Accommodation Control Act, the trial court is obligated to fix a reasonable provisional rent.
India Law Library Docid # 2428013

(230) TRILOKCHAND DHANERIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Civil Services — Pension — Commutation of Pension — Madhya Pradesh Civil Services (Commutation of Pension) Rules, 1996 — Rule 10(1) — Restoration of commuted pension — Challenge to fixed interest rate and 15-year restoration period — Rule 10, as amended, provides for restoration of commuted pension from the first day of the following month in which the pensioner attains 75 years of age or
India Law Library Docid # 2428014

(231) M/S HINDUSTAN EQUIPMENT PVT. LTD (UNIT 1) Vs. STATE OF M.P. THROUGH COMMERCIAL TAX DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Madhya Pradesh Karadhan Adhiniyamon Ki Puranee Bakaya Rashi Ka Samadhan Adhyadesh, 2020 (Ordinance) — Section 4(1) — Categories of Settlement — Classification of case where a demand arises from non-submission of ‘C Forms’ but an appeal is pending before an appellate authority — Petitioner’s case initially stemmed from non-submission of ‘C Forms’ (Category 1) but was challenged through appeals — The relevant stage for determining the settlement category is the filing of
India Law Library Docid # 2428015

(232) SMT. RAM KUNWAR CHOUHAN Vs. CHIEF MANAGING DIRECTOR AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Electricity Act, 2003 — Section 135 — Theft of Electricity — Provisional Assessment — Applicability — When direct theft of electricity (two extra cables connected directly to transformer) is detected, officials are justified in issuing a provisional assessment and demanding payment under Section 135 of the Electricity Act, 2003, not Section 126.
India Law Library Docid # 2428016

(233) P.SUBRAMANI AND OTHERS Vs. P. PALANISAMY AND OTHER[MADRAS HIGH COURT] 27-06-2025
Civil Procedure Code, 1908 — Order 1, Rule 8 — Representative Suit — Applicability — Dispute concerning administration of a public temple — Plaintiff seeking declaration of personal status as President and nullification of new committee appointments — Suit filed in individual capacity, not as a representative suit under Order I, Rule 8 — Held, Order I Rule 8 applies when numerous persons have the
India Law Library Docid # 2427873

(234) V. RAJA Vs. KOTAK MAHINDRA BANK LIMITED AND OTHERS[MADRAS HIGH COURT] 27-06-2025
Constitution of India — Article 227 — Supervisory Jurisdiction of High Court — Setting aside Arbitral Award — The High Court can exercise its supervisory jurisdiction under Article 227 of the Constitution of India to set aside an arbitral award, even if alternative remedies like an application under Section 16 or an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, are available,
India Law Library Docid # 2427874

(235) THE STATE OF MADHYA PRADESH AND OTHERS Vs. SUNGRACE ENGINEERING PROJECT PVT.[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 27-06-2025
Civil Procedure Code, 1908 — Order 8 Rule 6A, Order VI Rule 17 — Counter-claim — Amendment of written statement — Multiplicity of suits — An application for amendment of a written statement to include a counter-claim, even if filed after the claimant’s evidence is complete, should ordinarily be allowed to avoid multiple lawsuits, especially when the subject matter of the counter-claim is not time-barred
India Law Library Docid # 2428009

(236) SHREEM ELECTRIC LIMITED Vs. THE COMMISSIONER OF COMMERCIAL TAX NOW COMMISSIONER OF STATE TAX[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 27-06-2025
Madhya Pradesh VAT Act, 2002 — Section 7(1)(b) — Works Contract — Contractor and Sub-contractor — Joint and Several Liability — Deemed Sale — Tax on Turnover — The Act imposes joint and several liability on both the contractor and sub-contractor for tax on transfer of property in goods involved in a works contract.
India Law Library Docid # 2428010

(237) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SMT. ASHA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-06-2025
Motor Accidents Claims Tribunal — Compensation — Motor Accident Claims — “Pay and Recover” — Insurance Company’s Liability — Where the Insurance Company’s defense was based on violation of policy conditions (commercial use, invalid license) and not on the policy being a mere “Act Policy” with no premium for passengers, and no such objection or evidence was presented during trial, the
India Law Library Docid # 2428005

(238) EICHER MOTORS LTD. Vs. COMMISSIONER OF COMMERCIAL TAX, INDORE AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-06-2025
Madhya Pradesh Commercial Tax Act, 1994 (MPCT Act) — Section 28(1) — Reassessment — Scope of Reassessment — An issue concluded in original assessment, where department did not challenge it, cannot be reopened by the assessing officer during reassessment unless specifically remanded on that issue.
India Law Library Docid # 2428006

(239) RAM KRISHNA UPADHYAY Vs. CHANDRA PRAKASH KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-06-2025
Motor Vehicles Act, 1988 — Claim for Compensation — Proof of Accident — Delay in lodging First Information Report (FIR) — Effect on Claim — The Supreme Court has held that delay in lodging FIR cannot be a ground to doubt the claimant’s case, especially when the priority is to get the victim treated — Courts should scrutinize evidence closely for fabrication but should not dismiss a claim merely due
India Law Library Docid # 2428007

(240) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SMT. ASHA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-06-2025
Motor Vehicles Act, 1988 — Liability of Insurer — “Pay and Recover” Principle — Breach of Policy Conditions — Where the Claims Tribunal finds that the conditions of the insurance policy were violated (private vehicle used commercially, or driver lacking appropriate license), the Insurance Company, despite not being primarily responsible for compensation, can be directed to first pay the compensation
India Law Library Docid # 2428008