(381) 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
(382) 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
(383) SMT. SARBA MAURYA AND OTHERS Vs. ORIENTAL INSURANCE COMP. LTD. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-04-2025 Motor Accident Claims — Conventional Heads — Compensation under conventional heads (loss of estate, consortium, funeral expenses) should follow amounts specified in National Insurance Co. Ltd. vs Pranay Sethi, with periodic enhancement India Law Library Docid # 2425308
(384) MOHAN SHARMA Vs. COURT OF ADDITIONAL DISTT. JUDGE/SPECIAL JUDGE (S.C./S.T.) ACT BAHRAICH AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-04-2025 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Partition & Tenancy — Upon partition (including oral family settlement) among co-owner landlords, the tenancy splits by operation of law; a tenant continues as tenant only for the portion allotted to one landlord, even if they subsequently purchase the other portion from the other erstwhile co-owner India Law Library Docid # 2425309
(385) RAMA KANT Vs. DEPUTY DIRECTOR OF CONSOLIDATION, LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-04-2025 U.P. Zamindari Abolition and Land Reforms Act, 1950 — Section 132 — Bhumidhari Rights — No Bhumidhari rights can accrue in land specified under Section 132, including ‘Usar’ land India Law Library Docid # 2425310
(386) MAHENDRA PRASAD Vs. SMT. PARMESHWARI DEVI[RAJASTHAN HIGH COURT] 17-04-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty: Cruelty encompasses both physical and mental aspects — Mental cruelty includes sustained conduct causing deep anguish, disappointment, or making cohabitation impossible; mere trivial irritations or normal wear and tear of married life do not suffice — Husband’s establishing illicit relationship with another woman, abandoning wife and children, and failing to provide India Law Library Docid # 2425415
(387) 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 — Mandatory Reference: Section 8 mandates a judicial authority to refer parties to arbitration if an action is brought before it concerning a matter subject to a valid arbitration agreement, provided a party applies not later than submitting their first statement on the substance of the dispute — The court’s role is primarily limited to determining the prima facie existence of a valid arbitration agreement. India Law Library Docid # 2425416
(388) PRAKASH BRAJVASI Vs. GHANSHYAM SHARMA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(a) — Cause of Action — Suit Challenging Trust Deed/Will — Pendency of Suit for Declaration of Status (Adoption) — An application under Order 7 Rule 11 CPC seeking rejection of a plaint challenging a registered Trust Deed and Will, on the ground that the plaintiff lacks cause of action as his status as an adopted son (which forms the basis of his claim) is yet to be decided in a separate pending suit, is liable to be dismissed — A fresh cause of action India Law Library Docid # 2425435
(389) IN RE: “IN THE MATTER OF “BEAT THE HEATWAVE AND CLIMATIC CHANGE TO SAVE THE LIFE OF PUBLIC AT LARGE.”[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Constitution of India — Article 21 — Right to Life — Climate Change and Heatwaves — Duty of Welfare State — Public Interest Litigation — Suo Moto Cognizance — Extreme weather conditions like heatwaves, exacerbated by climate change, pose a life-threatening risk, particularly to vulnerable populations — The State, as a welfare entity, has a fundamental duty under Article 21 to protect the life and health of its citizens, including taking effective measures to mitigate the adverse effects of heatw India Law Library Docid # 2425470
(390) M/S SAMAY IRRIGATION PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Income Tax Act, 1961 — Sections 147, 148 — Reopening of Assessment — Order disposing objections — Scope of Judicial Review under Article 226 — Prima Facie Case — In a writ petition challenging an order dismissing objections to a notice issued under Section 148, the scope of judicial review is limited — The court is only required to ascertain whether there was prima facie tangible material available with the Assessing Officer (AO) to form a reason to believe that income chargeable to tax has esca India Law Library Docid # 2425471
(391) STATE OF RAJASTHAN AND ANOTHER Vs. MAHARAJA SAWAI MANSINGH SECOND MUSEUM TRUST, CITY PALACE, JAIPUR (RAJASTHAN) AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Constitution of India — Article 363 — Bar to interference by courts in disputes arising out of pre-Constitution Covenants — Jurisdiction of Civil Courts — Scope — Article 363 creates an absolute bar on the jurisdiction of any court (subject to Article 143) in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad, or similar instrument executed before the commencement of the Constitution by a Ruler of an Indian State, to which the Government was a party — Th India Law Library Docid # 2425472
(392) NEHA LAKHERA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 17-04-2025 Penal Code, 1860 — Section 498-A — “Relative” — Girlfriend/Concubine/Second Wife during subsisting first marriage does not fall within definition — A girlfriend, concubine, or a woman who purports to marry a man during the subsistence of his valid first marriage, cannot be considered a “relative” of the husband for the purposes of Section 498-A of the IPC — The term “relative” implies a status conferred by blood, marriage, or adoption — A marriage to a second woman during the lifetime India Law Library Docid # 2425524
(393) HEMANT PARASHAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 17-04-2025 Service Law — Contractual Appointment — Recruitment under New Rules — Age Relaxation — Where contractual appointments made prior to the enactment of new statutory rules (Madhya Pradesh Contractual Appointment to Civil Post Rules, 2017) are terminated and recruitment is directed to be made under the new Rules, a prayer for continuation/reinstatement under the old regime is not acceptable — However, if the new Rules (Rule 7(1) proviso) provide for age relaxation as per orders/instructions of the G India Law Library Docid # 2425525
(394) IN REFERENCE AND ANOTHER Vs. JITENDRA PURVIYA[MADHYA PRADESH HIGH COURT] 17-04-2025 Criminal Law — Murder (Four Counts) — Death Penalty Commuted to Life Imprisonment (Actual Incarceration of 20 Years) — In a case of quadruple murder, where the appellant was convicted under Section 302 IPC (4 counts) and sentenced to death, the death penalty was commuted to life imprisonment for actual incarceration of 20 years, with sentences to run concurrently — The commutation was based on mitigating circumstances including the appellant’s intoxicated state at the time of the incident, absen India Law Library Docid # 2425526
(395) CHANDRAPAL SINHA AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 17-04-2025 Bharatiya Nyaya Sanhita, 2023 — Section 109 — Attempt to Murder — Ingredients — Hurt caused to any person by the act is sufficient, not necessarily grievous hurt — Intention coupled with an overt act is relevant — Nature of injury is not solely determinative of intention or knowledge. India Law Library Docid # 2425674
(396) RAMESH CHIMANLAL SHAH AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 17-04-2025 Gujarat Tenancy and Agricultural Land Act, 1948 — Tenancy Rights — Challenge to Revenue Entry & Mamlatdar’s Order — Laches, Acquiescence, Estoppel, Approbate and Reprobate — Revenue entry mutating petitioners’ names as cultivators unchallenged for years — Mamlatdar’s order declaring tenancy and fixing purchase price remained unchallenged by landowners for decades — Subsequent inconsistent stands taken by landowners, including an affidavit confirming tenancy rights, de India Law Library Docid # 2426003
(397) JAYESH PREMJI SOLANKI AND OTHERS Vs. KISHOR PREMJI SOLANKI AND OTHERS[GUJARAT HIGH COURT] 17-04-2025 Arbitration and Conciliation Act, 1996 — Section 16 — Arbitrator’s jurisdiction — Challenge to — Rejection of — Judicial review — Writ jurisdiction (Article 226/227) — Scope of interference with order under Section 16 is extremely narrow — Interference warranted only in exceptional rarity where party is remediless or there is clear bad faith — Present case, involving challenge to arbitrator’s rejection of jurisdictional objection raised post-filing of pleadings and after significant participatio India Law Library Docid # 2426098
(398) 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
(399) 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
(400) 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