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(421) FRANK ANTHONY @ FRANK Vs. STATE BY CCB P.S.[KARNATAKA HIGH COURT] 21-03-2025
Criminal Procedure Code, 1973 (Cr.P.C.) — Sections 218, 219, 220(1) — Joint Trial vs. Separate Trials — Offences of Same Kind vs. Offences in Same Transaction — Prejudice — Section 218 Cr.P.C. mandates separate trials for distinct offences, with Sections 219 to 223 providing exceptions — Section 219 permits joint trial for up to three offences “of the same kind” committed within twelve months — Offences are of the same kind if punishable with the same amount of punishment under the same section
India Law Library Docid # 2424380

(422) C. RAJ Vs. E. GIRIJA[MADRAS HIGH COURT (MADURAI BENCH)] 21-03-2025
Hindu Marriage Act, 1955 — Section 13(1A)(ii) — Divorce post-[Restitution of conjugal rights] RCR Decree — Maintainability of Fresh Petition: A fresh petition for divorce under Section 13(1A)(ii) is maintainable based on the distinct cause of action arising from non-resumption of cohabitation for over one year following a decree for restitution of conjugal rights (RCR) — The petitioner is not obligated to seek restoration of a
India Law Library Docid # 2424421

(423) MOHAMMED FARUK Vs. UNION OF INDIA[MADRAS HIGH COURT] 21-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 317 & 70(2) — Dispensing with Appearance / Recall of Warrant — Exercise of Judicial Discretion — Natural Justice — The powers vested in a trial court under Section 317 CrPC (to dispense with personal appearance) and Section 70(2) CrPC (to recall a warrant) are discretionary — Such discretion must be exercised judiciously, with care and caution, balancing the individual’s liberty (Article 21, Constitution of India) against the interests of trial
India Law Library Docid # 2424422

(424) PUTTAPPA AND OTHERS Vs. STATE[MADRAS HIGH COURT] 21-03-2025
Criminal Law — Circumstantial Evidence — Standard of Proof — Panchsheel Principles — Unbroken Chain — In cases resting solely on circumstantial evidence, conviction requires the prosecution to firmly establish each circumstance forming a complete and unbroken chain that unerringly points only towards the guilt of the accused, excluding every other possible hypothesis consistent with their innocence — A break in the chain
India Law Library Docid # 2424423

(425) MANIKANDAN Vs. STATE[MADRAS HIGH COURT] 21-03-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 2(d), 5(l), 6 — Consent of Minor — Immateriality — The consent of a ‘child’ (person below 18 years, as defined in Section 2(d)) is immaterial for establishing offences involving penetrative sexual assault under Sections 5(l) read with Section 6 of the POCSO Act — Arguments based on alleged love affair or consent provided by the minor victim do not
India Law Library Docid # 2424424

(426) STATE OF TAMIL NADU AND OTHERS Vs. R.K. JALAN AND OTHERS[MADRAS HIGH COURT] 21-03-2025
Stamp Act, 1899 — Sections 17, 47-A — Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968 — Registration Act, 1908 — Specific Relief Act, 1963 — Stamp Duty on Conveyance executed pursuant to Decree for Specific Performance — Valuation Date — Stamp duty payable on a Deed of Conveyance, including one executed pursuant to a decree for specific performance obtained from a Civil Court, is to be calculated based on the market value of the property prevailing on the date of execu
India Law Library Docid # 2424425

(427) A. PAVUNAMMAL Vs. ACCOUNTANT GENERAL (A&E), DEPARTMENT OF TREASURIES AND ACCOUNTS AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 21-03-2025
Service Law — Pension — Family Pension — Recovery of Excess Payment — Natural Justice — An order seeking recovery of alleged excess family pension paid to the widow of a deceased government servant, passed without issuing a prior show cause notice or affording a sufficient opportunity of hearing to the family pensioner, is violative of the principles of natural justice and is liable to be quashed on this ground alone — The fact that the recovery order was passed on the same day an alleged consen
India Law Library Docid # 2424462

(428) SREE GOKULAM CHIT AND FINANCE CO.(P) LTD. AND ANOTHER Vs. ASHOK KUMAR[KERALA HIGH COURT] 21-03-2025
Transfer of Property Act, 1882 — Section 83 — Nature and Scope of Proceedings — Proceeding under Section 83 is summary, procedural, and ministerial in character — Court’s jurisdiction is limited to recording the deposit of mortgage money and issuing notice to the mortgagee.
India Law Library Docid # 2424574

(429) G.SASIDHARAN Vs. SREE GOKULAM CHIT & FINANCE CO. (P) LTD. AND ANOTHER[KERALA HIGH COURT] 21-03-2025
Negotiable Instruments Act, 1881 — Sections 138 & 147 — Compounding of Offences — Statement by Complainant’s Counsel — Court can act upon a statement filed by the complainant’s counsel confirming amicable settlement and receipt of the entire amount, without insisting on a formal compounding petition signed by both parties or the physical presence of the accused, to record the compounding and set aside conviction and sentence under Section 138.
India Law Library Docid # 2424575

(430) BELWIN RAJ AND ANOTHER Vs. MUTTAYYAN AND OTHERS[KERALA HIGH COURT] 21-03-2025
Limitation Act, 1963 — Article 54 — Specific Performance — Amendment of Pleadings — Doctrine of Relation Back — An amendment incorporating a prayer for specific performance in a counter-claim, even if filed after the expiry of the limitation period prescribed by Article 54, relates back to the date of filing the original counter-claim/written statement, unless the court, while allowing the amendment, specifically directs otherwise.
India Law Library Docid # 2424576

(431) THE STATE OF TELANGANA Vs. IHHR HOSPITALITY PRIVATE LIMITED[TELANGANA HIGH COURT] 21-03-2025
Constitution of India, 1950 — Articles 226 & 227 — Arbitration and Conciliation Act, 1996 — Sections 16, 34 & 37 — Judicial Review of Arbitral Orders — Rejection of S. 16 Plea — Maintainability of Writ Petition — A writ petition under Article 226/227 challenging an Arbitral Tribunal’s order dismissing an application under Section 16 (challenging jurisdiction, including on grounds of limitation) is generally not maintainable — Judicial interference in the arbitral process, especially at intermed
India Law Library Docid # 2424724

(432) ABDUL SATHER, AKRAM AND OTHERS Vs. THE STATE OF TELANGANA, AND ANOTHER[TELANGANA HIGH COURT] 21-03-2025
Essential Commodities Act, 1955 — Section 7(1) — Telangana State Public Distribution System (Control) Order, 2016 — Clause 17(e) — Purchase of PDS Rice — Offence after 19.08.2016 — Clause 17(e) of the Telangana State Public Distribution System (Control) Order, 2016, introduced w.e.f. 19.08.2016, explicitly criminalizes the act of purchasing rice supplied through PDS, whether from a cardholder, F.P. Shop dealer, or any other source — Where PDS rice was seized from the possession of accused (A1) a
India Law Library Docid # 2424757

(433) DIRECTOR, STATE ARCHAEOLOGICAL MUSEUMS DEPARTMENT, HYD AND ANOTHER Vs. V.SWAROOPA RANI, HYDERABAD AND OTHERS[TELANGANA HIGH COURT] 21-03-2025
Protection of Monuments — Ancient Monuments and Archaeological Sites and Remains Act, 1958 / Telangana Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960 — Duty of State — The State has a constitutional and statutory duty to protect and maintain ancient monuments, including land appurtenant thereto, often necessitating protective measures like compound walls.
India Law Library Docid # 2424772

(434) M/S SRI SRINIVASA CONSTRUCTION Vs. D. MURALIDHAR RAO[TELANGANA HIGH COURT] 21-03-2025
Commercial Courts Act, 2015 — Section 2(1)(c)(vii) — ‘Commercial Dispute’ — Immovable Property Used in Trade or Commerce — A dispute arising out of agreements relating to immovable property actually used exclusively for trade or commerce (development of a commercial complex, lease for running a hospital) falls within the definition of a ‘commercial dispute’.
India Law Library Docid # 2424773

(435) SYED WAHEEDUNNISA NUZHAT Vs. CHIEF COMMISSIONER OF LAND ADMINISTRATION COURT OF WARDS[TELANGANA HIGH COURT] 21-03-2025
Court of Wards Act, 1350 Fasli — Section 13 & 64 — Superintendence and Release — Property once placed under the superintendence of the Court of Wards remains so until formally released through the procedure mandated by the Act, including the issuance of a Gazette Notification under Section 64 for withdrawal of superintendence.
India Law Library Docid # 2424783

(436) M/S. REAL FAB INDIA PVT. LTD. Vs. M/S. RASHTRIYA ISPATH NIGAM LIMITED[ANDHRA PRADESH HIGH COURT] 21-03-2025
Civil Procedure Code, 1908 — Section 11 — Res Judicata in Execution Proceedings — Where an execution petition, or an application to restore it, is dismissed on merits after considering objections and finding the award/decree to be inexecutable, such dismissal operates as res judicata — A subsequent execution petition seeking execution of the same award, even if filed with corrected formalities, is barred if the prior dismissal finding inexecutability attained finality.
India Law Library Docid # 2424811

(437) KOLA KESHAV REDDY Vs. THE DEPOT MANAGER APSRTC, MACHERLA DEPOT AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-03-2025
Industrial Disputes Act, 1947 — Section 25HH — Applicability — Wages upon Reinstatement — The provision under Section 25HH, which requires payment of wages to a workman from the date of reinstatement specified in an award, is contained within Part (II) of the Industrial Disputes Act, 1947 — This Part specifically addresses conditions pertaining to layoff and retrenchment — Consequently, Section 25HH does not apply to cases concerning the removal or termination of a workman from service that fall
India Law Library Docid # 2424816

(438) GANAPAM SUBBA REDDY Vs. THE REVENUE DIVISIONAL OFFICER[ANDHRA PRADESH HIGH COURT] 21-03-2025
Land Acquisition Act, 1894 — Section 23(1) — Market Value Determination — Relevant Date & Comparable Sales — The market value of acquired land must be determined as on the date of publication of the Section 4(1) notification — The most relevant factors are prices reflected in bona fide sale transactions of comparable lands, proximate in time and location to the acquired land, possessing similar advantages.
India Law Library Docid # 2424808

(439) CHEVURU VIJAYA KUMAR REDDY Vs. THE A.P. STATE ROAD TRANSPORT CORPORATION[ANDHRA PRADESH HIGH COURT] 21-03-2025
Motor Vehicles Act, 1988 — Section 168 — Compensation — Future Prospects — Homemaker/Notional Income — Future prospects @ 25% (as deceased was aged 45, falling in 40-50 bracket) are applicable and must be added even when assessing compensation based on the notional income of a deceased homemaker, following the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi and affirmed in Kirti v. Oriental Insurance Co. Ltd.
India Law Library Docid # 2424873

(440) SRI TOMMEDELLA VENKATA RATNAM Vs. SRI DAKAVARAPU KRISHNAJI[ANDHRA PRADESH HIGH COURT] 21-03-2025
Specific Relief Act, 1963 — Section 28(3)(b) & Transfer of Property Act, 1882 — Section 55(1)(f) — Decree for Specific Performance — Delivery of Possession Implicit in Execution — In the execution of a decree for specific performance of a contract for the sale of immovable property, the delivery of possession to the purchaser is an inherent and implicit consequence following the execution of the conveyance (sale deed) — Pursuant to Section 55(1)(f) of the Transfer of Property Act, the seller has
India Law Library Docid # 2424876