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(241) A.SHAHUL HAMEED Vs. N.MALLIGARJUNA AND OTHERS[MADRAS HIGH COURT] 25-06-2025
Specific Relief Act, 1963 — Section 16(c) — Specific Performance of Contract — Readiness and Willingness — Proof — Even if a defendant does not specifically plead it, the plaintiff must prove their readiness and willingness to perform their part of the contract — This requirement applies throughout the contract period and until the trial concludes — The 2018 amendment to the Specific Relief Act only dispenses with the pleading of readiness and willingness, not its proof — In the present case,
India Law Library Docid # 2427863

(242) KISHAN Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-06-2025
Criminal Law — Murder (IPC S. 302) vs. Culpable Homicide Not Amounting to Murder (IPC S. 304 Part II) — Alteration of Conviction — Key Principle — Where evidence shows a sudden fight, without premeditation, in the heat of passion during a quarrel, and without the offender taking undue advantage or acting in a cruel or unusual manner, the offense may be reduced from murder to culpable homicide not
India Law Library Docid # 2428001

(243) NITIN Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-06-2025
Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) — Section 2(o), 2(q), 5(2), 6, 8, 10(1), 10(3), 10(5), 10(6) — Urban Land (Ceiling and Regulation) Repeal Act, 1999 — Scope and Applicability — Acquisition of Vacant Land — Deemed Vesting — Effect of Repeal Act on Completed Proceedings — Land sold after Notification under ULC Act — Validity — The ULC Act, adopted by Madhya Pradesh on 09/09/1976, provided for acquisition of vacant land in excess of the ceiling limit — The Repeal Act came int
India Law Library Docid # 2428002

(244) NIRMALA JAISWAL Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 25-06-2025
Criminal Law — Murder (IPC S. 302) & Attempted Murder (IPC S. 307) — Proof Beyond Reasonable Doubt — Recovery of Poison — Dying Declaration — Child Witness — In a case involving poisoning of children where two died, the conviction of the mother for murder and attempted murder was challenged — The FSL report confirmed organophosphorus pesticide in the viscera of the deceased children and in a
India Law Library Docid # 2428003

(245) IN REFERENCE Vs. VIRENDRA ADIWASI[MADHYA PRADESH HIGH COURT] 25-06-2025
Criminal Procedure Code, 1973 — Section 293 — Forensic Science Laboratory (FSL) Report — Admissibility without Expert Examination — The report of a government scientific expert issued by a competent authority under Section 293(4) Cr.P.C. is admissible as evidence without necessarily examining the expert, especially when the collection and sealing of samples, their preservation, and the methodology employed for testing are not disputed or suspicious — The court has discretion under
India Law Library Docid # 2428004

(246) S. GEETHA RANI Vs. M. GANESAN (DIED) BY LRS[MADRAS HIGH COURT] 24-06-2025
Hindu Law — Joint Family Property — Nucleus and Self-Acquired Property — Burden of Proof — A Hindu family is presumed to be joint unless contrary proved; however, proof of a joint family doesn’t automatically mean property held by any member is joint — The burden is on the person claiming property as joint to establish it — If it is established that the family possessed joint property (nucleus) from which
India Law Library Docid # 2427864

(247) ANANDH Vs. THE STATE, REP. BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 24-06-2025
Protection of Children from Sexual Offences (POCSO) Act, 2012 — Sections 5(m) read with 6, 11(iv) read with 12, 5(l)(m) read with 6, 29, 30 — Indian Penal Code, 1860 — Sections 366A, 506(i) — Sexual assault and kidnapping of minors — Presumption as to commission of offence and culpable mental state — Medical evidence vs. victim statements — Trial court convicted the accused for life imprisonment and rigorous imprisonment for various offenses under POCSO Act and
India Law Library Docid # 2427866

(248) KARTHI @ KARTHIK AND OTHER Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 24-06-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Indian Penal Code, 1860 — Section 307 (Attempt to murder) — Free fight — Counter case — Non-explanation of injuries on accused — The prosecution’s failure to explain injuries sustained by the accused, particularly when significant, casts doubt on the prosecution’s case, especially if the witnesses are interested or inimical, or if
India Law Library Docid # 2427867

(249) RAVINDDRA SINGH @ RAVENDRA SINGH PARMAR Vs. JAIKISHAN VISNOI AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 24-06-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Enhancement of Award — Permanent Disability — Claimant suffering 85% permanent disability due to amputation of left hand below shoulder in road accident, rendering him unable to drive truck as he previously did — Tribunal considered only 20% loss of earning capacity and 40% whole body disability — High Court enhanced loss of earning
India Law Library Docid # 2427999

(250) SARDAR VALLABH BHAI PATEL MAHAVIDHYALAYA THROUGH SECRETARY OF THE SOCIETY SHASHANK NAGAR Vs. RAJIV GANDHI PROUDYOGIKI VISHWAVIDYALAYA (STATE TECHNICAL UNIVERSITY OF MADHYA PRADESH) AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 24-06-2025
Education Law — University Affiliation — Technical Education — AICTE — Role of University Coordination Committee — Validity of University’s Decision to Refuse Affiliation for MBA Courses.
India Law Library Docid # 2428000

(251) D. JAI SANTHA KUMARI AND OTHER Vs. MR. P.DAVID SELVADURAI AND OTHER[MADRAS HIGH COURT] 23-06-2025
Civil Procedure Code, 1908 — Order 41 Rule 1 & Section 96 — Appeal Suit — Setting aside judgment and decree — Suit for partition and permanent injunction — Plaintiffs claiming 1/7th share based on being legal heirs of a predeceased daughter — Trial court partly allowing suit by granting partition but denying injunction — Appellate court setting aside the trial court’s judgment and dismissing the suit —
India Law Library Docid # 2427868

(252) GOVINDAN AND OTHERS Vs. N.THULASINGAM[MADRAS HIGH COURT] 20-06-2025
Civil Procedure Code, 1908 — Section 96 — Appeal — First Appeal — Scope of — Aggrieved defendants appealing against a declaration of title and order for possession.
India Law Library Docid # 2427869

(253) BABULAL AND OTHERS Vs. MANDIR SHITLA MATA, LOCAL LEGISLATIVE AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-06-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Scope — A second appeal lies only on a substantial question of law — Where the High Court finds that no such question arises, the appeal must be dismissed.
India Law Library Docid # 2427993

(254) BABULAL AND OTHERS Vs. MANDIR SHITLA MATA, LOCAL LEGISLATIVE AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-06-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal— Maintainability — Substantial Question of Law — A second appeal is admissible only if a substantial question of law exists — The Court must determine if the issues raised by the appellants constitute substantial questions of law
India Law Library Docid # 2427998

(255) V.ARULMONI Vs. MRS.SASIKALA, THE JOINT DIRECTOR OF SCHOOL OF EDUCATION[MADRAS HIGH COURT (MADURAI BENCH)] 19-06-2025
Contempt of Courts Act, 1971 — Section 20 — Limitation for Contempt Proceedings — A contempt petition must be initiated within one year from the date the contempt is alleged to have been committed — The High Court cannot generally entertain contempt applications beyond this one-year period by invoking Article 215 of the Constitution of India, unless in exceptional circumstances involving gross
India Law Library Docid # 2427870

(256) NAND KISHORE CHOUDHARY Vs. HIGH COURT OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-06-2025
Service Law — Disciplinary Proceedings — Misconduct — Negligence vs. Misconduct Arising from Ill Motive — High Court employee failed to submit mandated reports on time despite multiple reminders due to lack of knowledge of required format — Inquiry Officer, Disciplinary Authority, and Appellate Authority found misconduct and imposed penalty — Petitioner argues mere negligence, not
India Law Library Docid # 2427965

(257) DEEPAK KUSHWAH Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 19-06-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Protection of Children from Sexual Offences (POSCO) Act, 2012 — Section 5L/6 — Rigorous Imprisonment — Appeal against conviction for sexual offences — Determination of victim’s age — Consensual relationship — The appellate court will re-evaluate evidence, especially concerning the victim’s age, and the nature of the relationship (consensual vs. non-consensual), to determine the validity of the
India Law Library Docid # 2427994

(258) IN REFERENCE AND OTHERS Vs. RAJARAM @ RAJKUMAR AND OTHERS[MADHYA PRADESH HIGH COURT] 19-06-2025
Criminal Law — Conviction — Sexual Offences — Protection of Children from Sexual Offences Act, 2012, Section 6 — Penal Code, 1860, Sections 307, 363, 450, 201 — Conviction based on circumstantial evidence, including DNA report and recoveries — Appellant’s disclosure statement leading to discovery of victim and incriminating articles — DNA match between appellant and victim found on
India Law Library Docid # 2427995

(259) BRIJRANI Vs. DISTRICT AND SESSION JUDGE[MADHYA PRADESH HIGH COURT] 19-06-2025
Service Law — Probation — Termination during Probation period — Unsatisfactory Performance — Principles of Natural Justice — Departmental Enquiry — Where a probationer’s services are terminated due to consistently unsatisfactory performance and being found unfit for the post, and not for misconduct, a formal departmental enquiry or adherence to principles of natural justice (like prior notice) is
India Law Library Docid # 2427996

(260) NAND KISHORE CHOUDHARY Vs. HIGH COURT OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-06-2025
Service Law — Disciplinary Proceedings — Misconduct — Negligence vs. Misconduct — A government employee failing to timely provide required information despite multiple reminders and specific instructions, especially for crucial events like a Chief Justice’s Conference, constitutes misconduct, not mere negligence or lack of ability.
India Law Library Docid # 2427997