(301) A.PALANI ACHARI (DIED) AND OTHERS Vs. MANI AND OTHERS[MADRAS HIGH COURT] 10-06-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Res Judicata — A plaint can be rejected under Order VII Rule 11 (d) if the suit is barred by any law — The principle of res judicata (Section 11, CPC) constitutes a legal bar to a subsequent suit if the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, litigating under the same title, and has been heard and finally decided by a court competent to t India Law Library Docid # 2427908
(302) TAMILSELVI Vs. RAMASAMY AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 10-06-2025 Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Proof — Plaintiff’s obligation to aver and prove continuous readiness and willingness to perform his part of the contract — Readiness implies financial capacity; willingness relates to conduct — While actual tender or deposit of money is not always essential, plaintiff must plead and adduce evidence of available India Law Library Docid # 2427909
(303) PRATHEEK KRISHNAMOORTHY Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE[MADRAS HIGH COURT] 10-06-2025 Criminal Law — Murder — Circumstantial Evidence — Proof beyond reasonable doubt — In murder cases based on circumstantial evidence, the prosecution must establish a complete chain of facts that points conclusively to the guilt of the accused, excluding all other reasonable hypotheses of innocence. India Law Library Docid # 2427910
(304) M/S. TSR FILMS PRIVATE LIMITED Vs. M/S. NEW PRIDE MULTIPLEX, MAHARASHTRA[MADRAS HIGH COURT] 09-06-2025 Arbitration and Conciliation Act, 1996 — Sections 9, 11, 42 — Territorial Jurisdiction — Seat of Arbitration — Conflicting Jurisdiction Clauses — Contract stipulating “Courts in Mumbai” and “venue of arbitration...at Mumbai” but also “Courts at Chennai alone shall have the sole and exclusive jurisdiction” — Examination of surrounding circumstances including place of contract execution, stamp paper purchase, respondent’s office, and prior legal actions clearly indicates India Law Library Docid # 2427911
(305) T.SIVAKUMAR Vs. D.NARMADHA[MADRAS HIGH COURT] 04-06-2025 Hindu Marriage Act, 1955 — Section 13(1)(i-a) — Cruelty — Staying with Parents — Wife’s parents staying with the couple due to the father’s illness does not, by itself, constitute cruelty, especially when the wife is fulfilling her duty to care for an ailing parent and arrangements are made to ensure privacy. India Law Library Docid # 2427912
(306) V.RAJESH Vs. S.ANUPRIYA[MADRAS HIGH COURT] 04-06-2025 Hindu Marriage Act, 1955 — Section 13(1)(i-a) — Divorce — Cruelty — False allegations — Unsubstantiated sexual allegations made by one spouse against the other and their family members in a police complaint, even if later withdrawn, can constitute mental cruelty if they cause stigma and mental agony — Such allegations, if not proven, are considered defamatory — The withdrawal of a complaint alone does not automatically invalidate the truth of the allegations if it was based on an India Law Library Docid # 2427913
(307) K.SELVAMANI Vs. MAGESHWARI[MADRAS HIGH COURT] 04-06-2025 Family Law — Judicial Separation — Cruelty — Hindu Marriage Act, 1955, Section 10 — Wife’s petition for judicial separation granted by Family Court based on husband’s mental and physical cruelty, including abusive language, physical violence, and neglect of family needs — Husband’s counter-allegations of desertion by wife unsubstantiated — Evidence from wife (P.W.1) and son (P.W.2) India Law Library Docid # 2427914
(308) S.SHANHMUGA KALAIVANI Vs. S. GANESAN[MADRAS HIGH COURT] 04-06-2025 Hindu Marriage Act, 1955 — Section 13 (1) (i-a) — Cruelty — Suppression of Age — Admissibility of Photocopy of Horoscope — Family Courts Act, 1984, Section 14 — Hindu Marriage Act, 1955, Section 21-C — A wife’s deliberate suppression of her true age at the time of marriage, especially when it is proven by objective evidence (like a school record confirming a different date of birth than what India Law Library Docid # 2427915
(309) DEVI AND OTHERS Vs. TAMILARASI AND OTHERS[MADRAS HIGH COURT] 04-06-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — General Power of Attorney (GPA) — Validity of Revocation — Effect of prior alienation by agent — Where Sale Deeds were executed by a Power Agent pursuant to a valid GPA, the subsequent unilateral revocation of the GPA by the Principal has no legal effect on the already executed Sale Deeds. India Law Library Docid # 2427916
(310) S.THANGARASU PILLAI Vs. S.ARUMUGAM PILLAI (DIED) AND OTHERS[MADRAS HIGH COURT] 04-06-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Reversal of judgment by First Appellate Court without considering Trial Court’s reasoning — Estoppel — Family arrangement/partition document — Registration requirements — Whether a document recording an oral partition requires registration and stamping. India Law Library Docid # 2427917
(311) D.RANGANAYAKI AND OTHERS Vs. N.GOVINDARAJAN AND OTHERS[MADRAS HIGH COURT] 04-06-2025 Civil Procedure Code, 1908 — Order 41 Rule 31 — Judgment of First Appellate Court — Essential requirements — First Appellate Court must frame points for determination, record decisions thereon, and provide reasons — Failure to consider crucial aspects like the character of the suit property (ancestral vs. absolute) and the testator’s right to bequeath the entire property, despite these being central to the India Law Library Docid # 2427918
(312) KANNAN Vs. VENKATESAN[MADRAS HIGH COURT] 04-06-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Questions of Law — Power of Appellate Court to reverse findings or modify orders based on evidence — First Appellate Court erred in concluding material alteration of Sale Agreement and plaintiff not approaching with clean hands; evidence of scribe (P.W.2) and defendant (D.W.1) showed only per cent price correction, not total sale price, indicating no material alteration — Trial Court’s finding on no material alteration was India Law Library Docid # 2427970
(313) M.D. SAMPATHKUMAR Vs. DEVARAJ[MADRAS HIGH COURT] 04-06-2025 Transfer of Property Act, 1882 — Section 128 — Universal Donee — Liability for Debts — A universal donee, who receives the donor’s entire property via a gift deed, is personally liable for all the donor’s debts and liabilities at the time of the gift, to the extent of the gifted property. This liability extends to unsecured debts as well, not just secured ones. India Law Library Docid # 2427971
(314) UNITED INDIA INSURANCE CO. LTD. Vs. M. JOHN AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Motor Vehicles Act, 1988 — Section 166 — Application for Compensation — Legal Representatives — Dependency — A claim petition for compensation in case of death can be filed by any legal representative of the deceased, irrespective of whether they are dependent on the deceased. India Law Library Docid # 2427972
(315) BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUNDARAMBAL AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claims — Composite Negligence — Impleading Parties — Motor Vehicle (Driving) Regulations, 2017 — Rule 22(2)(b) — Parking on Main Road — Where an accident results from the composite negligence of drivers of two vehicles, the claimants (victims) can claim full compensation from any one of the tort-feasors (drivers/owners/insurers) without needing to implead all of them. The impleaded tort-feasor can then initiate separate proceedings India Law Library Docid # 2427973
(316) BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. S.P. SAKUNTHALA AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claims — Compensation for Vehicle Damage — Admissibility of full repair costs despite declared value in policy — Where a vehicle is damaged due to the negligence of a third party, the owner is entitled to recover the actual expenditure incurred to restore the vehicle to roadworthy condition from the tortfeasor’s insurer — The “declared value” in “own damage” policy with the claimant’s insurer does not limit the liability of the tortfeasor’s India Law Library Docid # 2427974
(317) K. JAYAPAL Vs. BRIJ KHANDELWAL AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Civil Procedure Code, 1908 — Order 39, Rule 1 — Interim Injunction — Suit for Specific Performance — Prematurity of Suit — Where a party to a sale agreement, before the expiry of the agreed performance period, attempts to alienate the property, the other party is justified in filing a suit for specific performance immediately, and such a suit is not premature. The intention to wriggle out of the contract by attempting to alienate the India Law Library Docid # 2427975
(318) SURESH BARAIK Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 27-05-2025 Penal Code, 1860 — Section 302 — Murder — Proof — Essential ingredients are a homicidal death and the accused causing the fatal injury — Death of deceased Suraj Das established and proved to be homicidal based on medical evidence (post mortem report and PW/9 testimony) — Ocular evidence from eye witnesses (PW/1 and PW/2) identifying appellant as assailant, fully corroborated by medical evidence (PW/9), seizure of weapon (PW/5, MAT Ext 1), and investigating India Law Library Docid # 2426125
(319) STATE OF NAGALAND AND OTHERS Vs. SHRI VINOKA CHISHI AND OTHERS[GAUHATI HIGH COURT] 27-05-2025 Civil Procedure Code, 1908 — Section 115; Article 227 of the Constitution of India — Revision Petition — Maintainability — Pecuniary Jurisdiction — Appellate Court — Objection to pecuniary jurisdiction of appellate court taken for the first time in revision petition — Waiver — Section 21(2) CPC requires objection to pecuniary jurisdiction to be taken at the earliest opportunity in the court of first instance and resulting failure of justice — Parties having appeared, contested, and obtained a fa India Law Library Docid # 2426126
(320) BRAHMAPUTRA TELE PRODUCTION PVT. LTD. AND ANOTHER Vs. DWIPAYAN DAS[GAUHATI HIGH COURT] 26-05-2025 This petition is filed under Article 227 of the Constitution of India, challenging the order dated 30.11.2019 passed by the learned Civil Judge, Morigaon in connection with Title Suit No. 1 of 2012, whereby M.J. Case No. 47/2017 of the petitioners under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC for short) for amendment of the written statement, was dismissed. India Law Library Docid # 2426389