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(281) THE STATE OF MADHYA PRADESH AND OTHERS Vs. ASHOK RAWAT AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025
Writ Petition — Natural Justice — Opportunity of Hearing — Adverse remarks and strictures passed by a writ court against individuals (police officers in this case) who were not made parties to the writ petition, were not given notice, nor an opportunity to be heard, are in violation of principles of natural justice and are liable to be set aside — Principles of natural justice require that no adverse order or finding
India Law Library Docid # 2427947

(282) SHRAVAN KUMAR PATHAK Vs. STATE OF M.P.[MADHYA PRADESH HIGH COURT] 16-06-2025
Criminal Procedure Code, 1973 — Section 457 — Release of Seized Property — Income Tax Act, 1961 — Section 132A — Requisition of Books of Account, Money etc. — Ownership Claim vs. Income Tax Department Objection — When police seize stolen property recovered from accused persons following a theft complaint, and the complainant seeks release of these articles under Section 457 CrPC by providing
India Law Library Docid # 2427948

(283) MADHYA PRADESH ROAD TRANSPORT CORPORATION AND OTHERS Vs. JAGDISH SAVITA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025
Madhya Pradesh Industrial Relations Act, 1960 — Resignation — Competent authority — Scheme of Voluntary Retirement — Applicability of MP Industrial Employment (Standing Orders) Rules, 1963 — Validity of acceptance of resignation by Senior Depot Manager — Where Managing Director had already declared Senior Depot Manager as “Manager” for all disciplinary actions for employees of a specific
India Law Library Docid # 2427949

(284) SURESH CHAND SHARMA Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025
Service Law — Police Regulations — Madhya Pradesh Police Regulations, 1973 — Regulations 238, 240 — Termination of service upon conviction — No opportunity of hearing — When a police officer is convicted by a criminal court, an opportunity of hearing is not required before terminating his services.
India Law Library Docid # 2427950

(285) ASHOK AIREN Vs. FARMER WELFARE AND AGRICULTURE DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-06-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Maintainability — Recovery of Professional Fees by Advocate — A writ petition under Article 226 for recovery of an advocate’s professional fees owed under a contract with a client is generally not maintainable as it involves contractual disputes and disputed questions
India Law Library Docid # 2427951

(286) SHRI SABLA HASAN Vs. THE UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025
Ancient Monuments and Archaeological Sites and Remains Act, 1958 — Sections 4, 16, 18, 19, 30 — Ancient Monuments and Archaeological Sites and Remains Rules, 1959 — Rule 8 — Protection of National Monuments — Historical and Cultural Significance — The Tomb of Muhammad Ghaus, a centrally protected monument since 1962, also housing the tomb of Tansen, holds immense historical and
India Law Library Docid # 2427959

(287) CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD. Vs. THE DISTRICT MAGISTRATE, DISTRICT GWALIOR AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 14 — Assistance to Secured Creditor — Re-taking Possession — If, after possession of secured asset is handed over to secured creditor by District Magistrate under Sec. 14, borrowers unlawfully re-enter or retain possession, the secured creditor has the right to seek fresh assistance from
India Law Library Docid # 2427960

(288) ROHIT BAMHORE AND OTHERS Vs. STATE OF M.P. AND ANOTHER[MADHYA PRADESH HIGH COURT] 16-06-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent Powers of High Court — Quashing of FIR and Criminal Proceedings — Principles — The High Court can exercise its inherent powers to prevent abuse of the process of any court or to secure the ends of justice — This power can be invoked even at the initial stage of a criminal proceeding — The guidelines laid down in State of Haryana v. Bhajan Lal (1992
India Law Library Docid # 2427952

(289) SMT ANJALI SHARMA Vs. RAMAN UPADHYAY[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025
Family Courts Act, 1984 — Section 14 — Application of Indian Evidence Act, 1872 — Admissibility of evidence — Family Court is not strictly bound by the Indian Evidence Act, 1872; it may receive any report, statement, document, information, or matter if, in its opinion, it will assist in effectually dealing with a dispute, regardless of whether it would otherwise be relevant or admissible under the Evidence Act —
India Law Library Docid # 2427953

(290) LAND ACQUISITION AND REHABILITATION OFFICER AND OTHERS Vs. RAMJIWAN AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-06-2025
Land Acquisition Act, 1894 — Section 18 — Reference for Enhancement of Compensation — Burden of Proof — The burden lies on the landowner seeking enhanced compensation to prove, through reliable evidence, that the compensation awarded by the Land Acquisition Officer is inadequate and that the land is capable of fetching a higher market value — The Court must scrutinize evidence and apply the
India Law Library Docid # 2427954

(291) MOHAMMED ARIF AND OTHERS Vs. SMT. KAMALABAI AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-06-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 (d) — Rejection of Plaint — Barred by Law — Misjoinder of causes of action or parties — A suit is not barred by law under Order 7 Rule 11(d) merely due to misjoinder of parties or causes of action; such objections are procedural and do not warrant outright rejection of the plaint.
India Law Library Docid # 2427955

(292) SUGRA BEGUAM AND OTHERS Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 16-06-2025
Civil Procedure Code, 1908 — Section 11 — Res Judicata — Applicability and Determination at Threshold — A court must refuse to entertain a suit where it is evident from the bare averments in the plaint and admitted documents that the issue has been directly and substantially in issue in a former suit between the same parties and has been finally decided by a competent court — The general rule that res
India Law Library Docid # 2427956

(293) SMT. LEELA KUSHWAHA AND OTHERS Vs. PHOOLCHAND AND OTHERS[MADHYA PRADESH HIGH COURT] 16-06-2025
Civil Procedure Code, 1908 — Section 96 — Appeals against judgment and decree — Common judgment for analogous appeals — Analogous hearing and common judgment where parties are same and appeals arise from the same judgment and decree.
India Law Library Docid # 2427957

(294) VISHNU GUPTA Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025
Habeas Corpus — Child Custody — Foreign National Child — Welfare of Child — A petition seeking Habeas Corpus for the return of a minor child, who is a U.S. citizen by birth, to the U.S. based on a U.S. court order granting sole custody to the father (petitioner) is filed. The child’s mother (respondent No. 2) lives in India with the child — The court considers the scope of a Habeas Corpus petition in child
India Law Library Docid # 2427958

(295) M. MARUTHAI AND OTHERS Vs. KARTHIKEYAN AND OTHERS[MADRAS HIGH COURT] 13-06-2025
Civil Procedure Code, 1908 — Section 96, Order 41 Rule 1 — Appeal — Judgment and Decree — Partition — Plaintiffs, as legal heirs of heir of original co-owner (maternal grandfather’s daughter), claimed 1/12th share each in suit property — Trial Court decreed 1/16th share each — Appellants (defendants) appealed, arguing suit barred by limitation due to exclusion — High Court affirmed Trial
India Law Library Docid # 2427903

(296) RUPESH PRADIP BHARUKA Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 12-06-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 276, 328 — Drugs and Cosmetics Act, 1940 — Sections 18, 27, 28, 65 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(A) — Quashing of criminal proceedings — Petition by medical shop owner challenging FIR and pending special case proceedings — Offences alleged under multiple Acts.
India Law Library Docid # 2426803

(297) PARIMALADEVI Vs. P.TAMILARASI AND OTHERS[MADRAS HIGH COURT] 12-06-2025
Civil Procedure Code, 1908 — Section 96 — Appeals from original decrees — Declaration of Title — Permanent Injunction — Burden of Proof — The plaintiff, seeking declaration of title and permanent injunction, must establish their title through clear and unambiguous documents — Self-serving documents or family arrangements, without clear links to original property allocation and subsequent
India Law Library Docid # 2427904

(298) T.VIJAYA KUMAR Vs. SREE VIJAYA TIMBERS CORPORATION AND OTHERS[MADRAS HIGH COURT] 11-06-2025
Service Tax — Liability to Pay — Landlord and Tenant — Reimbursement — Finance Act, 1994, Sections 65(90-a), 65(105), 68(1); Service Tax Rules, 1994, Rule 2(1)(d) — Generally, the liability to pay service tax for renting commercial premises falls on the service provider (landlord) as per the Finance Act, 1994. While service tax is an indirect tax and can be passed on to the service receiver (tenant), this requires a
India Law Library Docid # 2427905

(299) MRS. NISHA Vs. MRS. SULOCHANA AND OTHERS[MADRAS HIGH COURT] 10-06-2025
Hindu Minority and Guardianship Act, 1956 — Sections 4, 6, 8, 12 — Minor’s property — Mortgage by natural guardian — Permission of court — Joint family property (undivided interest) — A natural guardian (mother) can mortgage a minor’s undivided interest in joint family property without prior court permission under Section 8, provided the transaction is for the benefit of the minor or the joint family
India Law Library Docid # 2427906

(300) THE SUPERINTENDING ENGINEER, TAMIL NADU ELECTRICITY BOARD Vs. DHANASEKARAN AND OTHERS[MADRAS HIGH COURT] 10-06-2025
Civil Procedure Code, 1908 — Section 96 — Appeal Suit — Suit for Compensation — Electrocution Death — Negligence of Tamil Nadu Electricity Board (TNEB) — Burden of Proof — The initial burden lies on the plaintiffs to prove that the death was caused by electrocution and that such electrocution was due to the negligence of the defendant.
India Law Library Docid # 2427907