(461) KRISHNA @ KINNA AND OTHERS Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 20-03-2025 Evidence Act, 1872 — Section 32(1) — Dying Declaration — Inconsistency and Reliability — Where two dying declarations are recorded, one (Dehatinalishi Ex.P-15) implicating the husband (A1) and brother-in-law (A2) stating the deceased poured kerosene on herself following harassment over a monetary demand and A1 lit the fire, while the second (Ex.P-8 recorded by Executive Magistrate) attributes the burn injury to the deceased's 'own fault' following a quarrel over A1's alcoholism and exonerates bo India Law Library Docid # 2424123
(462) MAHENDRA KUMAR SHARMA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-03-2025 Essential Commodities Act, 1955 — Section 10-A — Madhya Pradesh Public Distribution System (Control) Order, 2015 [referencing M.P. PDS (Control) Order, 2009, Clause 11.5 as interpreted in precedent] — FIR Registration — Authority — Collector's Recommendation — An FIR for offences under the Essential Commodities Act, 1955, read with the relevant Control Order, which are cognizable under Section 10-A of the Act, can be registered by the police based on a complaint or information received from comp India Law Library Docid # 2424124
(463) M/S INANI MARBLES AND INDUSTRIES LTD. AND OTHERS Vs. SANTOSH DEVI AND OTHERS[RAJASTHAN HIGH COURT] 20-03-2025 Motor Vehicles Act, 1988 — Section 2(34), Section 147 — ‘Public Place’ — Accident within Factory Premises — Insurance Liability — A place within a factory premise, even if entry is generally restricted, qualifies as a ‘public place’ under Section 2(34) if access, although limited, is granted to a certain class of public or specific individuals for particular purposes (like employees, vehicle crews, workers, or even specific vehicles like a JCB deployed for work) — Where an accident involving a v India Law Library Docid # 2424158
(464) M L PALIWAL Vs. UNION OF INDIA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 20-03-2025 Criminal Procedure Code, 1973 (CrPC) / Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Sections 87, 88 CrPC / Section 72(2) BNSS — Issuance of Non-Bailable Warrant (NBW) upon taking Cognizance — Propriety of issuing NBW at the first instance when cognizance is taken on a complaint filed after investigation, especially where the accused was not arrested during the investigation and appeared before authorities when India Law Library Docid # 2424259
(465) VAIBHAV NAVNATH LOHOKARE Vs. UTTAM DIGAMBAR NAVGHARE AND OTHERS[BOMBAY HIGH COURT] 20-03-2025 Civil Procedure Code, 1908 — Order VII Rule 11(a) & (d) — Rejection of Plaint — Cause of Action and Limitation — Considerations — While deciding an application for rejection of plaint under Order VII Rule 11(a) (disclosure of cause of action) and (d) (bar by limitation), the Court must consider not only the averments in the plaint but also the documents filed along with it — The underlying object is to prevent the protraction of sham or meaningless litigation that is bound to fail, thereby savin India Law Library Docid # 2424281
(466) PRASHANT SAKHARAM ATRE Vs. STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 20-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 479 — Maximum Period of Undertrial Detention — Release on Bail/Bond — Section 479 of BNSS (corresponding to Section 436A CrPC) provides for the release on bail/bond of an undertrial prisoner who has undergone detention for a period extending up to one-half of the maximum imprisonment specified for the offence (excluding offences punishable with death or life imprisonment) — This provision recognizes the constitutional India Law Library Docid # 2424296
(467) AAYAN MULTI TRADE LLP AND OTHERS Vs. SUNITABAI MADHUKAR PATIL AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 20-03-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Sections 34, 35 — Jurisdiction of Cooperative Court — Overriding Effect — Once a secured creditor (Bank) initiates action under the SARFAESI Act concerning secured assets, Section 34 bars the jurisdiction of any Civil Court or other authority, including the Cooperative Court, from entertaining any suit or proceeding regarding matters the Debts Recovery Tribunal is empowered to de India Law Library Docid # 2424313
(468) SALGAOCAR MINING INDUSTRIES PVT. LTD. Vs. STATE OF GOA AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 20-03-2025 Goa Tourist Places (Protection and Maintenance) Act, 2001 — Section 8 — Recovery of Nuisance Removal Costs — Principles of Natural Justice — Audi Alteram Partem — Civil Consequences — An order passed by the Competent Authority under Section 8 of the Act, determining and directing the recovery of expenses and costs incurred in removing a nuisance, invariably results in civil consequences for the person from whom recovery is sought — In the absence of any express or implied exclusion within the st India Law Library Docid # 2424321
(469) NEELESH RAMKARAN YADAV AND OTHERS Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI MAHAPALIKA BHAVAN AND OTHERS[BOMBAY HIGH COURT] 20-03-2025 Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976 — Section 41A — Government Notifications (01.07.2006, 11.08.2009) — Prohibition of Cattle Keeping in Mumbai — Legality of Tabela/Stable Business —Operating a commercial cattle stable/tabela within Mumbai City and Suburban districts (excluding specified areas like Aarey Milk Colony) is prima facie illegal following the State Government’s notification dated 01.07.2006 declaring these urban areas as prohibited for keeping India Law Library Docid # 2424368
(470) SRI M.V. MANJUNATHA AND ANOTHER Vs. SRI. M. MUNISWAMY AND OTHERS[KARNATAKA HIGH COURT] 20-03-2025 Specific Relief Act, 1963 — Section 34 — Suit for Declaration — Maintainability — Requirement of Plaintiff’s Entitlement to Legal Character or Right — Negative Declaration — To maintain a suit for declaration under Section 34, the plaintiff must plead and prima facie establish an existing entitlement to a legal character or a right concerning the property in dispute, which the defendant denies or is interested in denying — A suit seeking a purely negative declaration without the plaintiffs demon India Law Library Docid # 2424392
(471) S. RAJAKUMAR Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 20-03-2025 Service Law — Promotion — Preparation of Panel/Select List — Inclusion of Qualified Candidates — Rule 7(A), Tamil Nadu Revenue Subordinate Service Rules — Reasonableness — The preparation of panels for promotion must be done based on the eligibility and qualification of candidates as per the relevant rules, subject to the availability of vacancies for the relevant panel year — A candidate who is admittedly qualified for inclusion in the panel for a particular year cannot be denied inclusion mere India Law Library Docid # 2424480
(472) RU-AH MINISTRIES Vs. B. ANAND RAJA DURAI[MADRAS HIGH COURT] 20-03-2025 Civil Procedure Code, 1908 (CPC) — Section 51, Proviso (b) — Order XXI Rules 30, 37 — Execution of Arbitral Award — Arrest of Judgment Debtor — Setting Aside Arrest Warrant — Conditional Order — Means to Pay — Where an arbitral award has become final and binding, and the Judgment Debtor (JD), despite admitting the award, has failed to pay any amount towards satisfaction, an order setting aside an ex parte warrant of arrest issued against the JD, subject to the condition of depositing a portion ( India Law Library Docid # 2424463
(473) R.MUNIYANDI @ CHANDRAN Vs. COMMISSIONER OF LAND ADMINISTRATION, EZHILAGAM AND OTHERS[MADRAS HIGH COURT] 20-03-2025 Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act XXVI/1948) — Grant of Ryotwari Patta — Limitation — G.O.Ms.No.714, Commercial Taxes & Religious Endowments Department, dated 29.06.1987 — Res Judicata / Issue Estoppel — Where the High Court, in a prior writ petition between the predecessors-in-title of the petitioner and the respondents, had specifically considered and set aside an order rejecting an application for ryotwari patta on the ground of delay under G.O.Ms.No.7 India Law Library Docid # 2424464
(474) A. PALANICHAMY AND OTHERS Vs. REVENUE DIVISIONAL OFFICER, PALANI TALUK, DINDIGUL DISTRICT AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 20-03-2025 Land Law — Government Grants — Assignment of Land — Cancellation for Breach of Conditions — Limitation — Reasonable Time — G.O.Ms.No.2555, Revenue Department dated 14.05.1973 — Cancellation of land assignments granted by the Government prior to 14.05.1973 (the date of G.O.Ms.No.2555) on the ground of breach of conditions (such as alienation) must be initiated within three years from the date of assignment. G.O.Ms.No.2555, conferring power to cancel assignments without a time limit for breach of India Law Library Docid # 2424465
(475) MARY JOSEPH AND ANOTHER Vs. THOMAS JOSEPH AND OTHERS[KERALA HIGH COURT] 20-03-2025 Guardianship and Wards Act, 1890 — Order appointing a guardian under the Act does not automatically confer the status of an adoptive parent, even if the application expressed an intention to treat the child as their own with inheritance rights. India Law Library Docid # 2424573
(476) M/S PROGRESSIVE CONSTRUCTIONS LIMITED Vs. RITHWIK PROJECTS PRIVATE LIMITED[TELANGANA HIGH COURT] 20-03-2025 Civil Procedure Code, 1908 — Section 96 — Arbitration and Conciliation Act, 1996 — Section 37 — Appeal from Orders — Leave to Appeal by Non-Party — Principles governing grant of ‘Leave to Appeal’ to a person not party to the original suit or proceeding — While Section 96 CPC does not restrict appeals only to parties, a non-party/stranger may prefer an appeal only with the leave of the Court — The threshold requirement for grant of leave is that the proposed appellant must demonstrate that they a India Law Library Docid # 2424758
(477) RADHA KISHAN RAO Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 20-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 (CrPC S. 482) — Quashing of FIR — Grounds — Lack of Ingredients, Delay, Second FIR, Ulterior Motive — High Court may quash FIR under inherent powers if: (i) allegations lack essential ingredients of offences; (ii) there is unexplained abnormal delay; (iii) it constitutes an impermissible second FIR on same facts; or (iv) proceedings appear vexatious or motivated by ulterior reasons. India Law Library Docid # 2424742
(478) THANNEERU HARISH RAO Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 20-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 (CrPC S. 482) — Quashing of FIR — Scope — Lack of Ingredients & Ulterior Motive — High Court exercising inherent powers can quash FIR if allegations, even taken at face value, do not constitute the offences alleged, or if the proceedings are manifestly attended with mala fides or instituted with an ulterior motive — In such cases, the court must look beyond FIR averments and consider surrounding circumstances. India Law Library Docid # 2424744
(479) THE STATE OF A.P Vs. S LAKSHMINARYANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 20-03-2025 Penal Code, 1860 — Section 120-B — Criminal Conspiracy — Proof Requirements — To establish a charge of criminal conspiracy under Section 120-B IPC, the prosecution must adduce independent evidence proving an agreement or meeting of minds between the alleged conspirators — Evidence merely showing post-event conduct, such as recovery of stolen goods from one accused (A1) or sale thereof (via PW.6), without establishing a prior agreement or A1’s direct involvement in the dacoity plan with other acc India Law Library Docid # 2424818
(480) FEDERATION OF MINOR MINERALS INDUSTRY (FEMM) AND OTHERS Vs. THE STATE OF AP AND OTHERS[ANDHRA PRADESH HIGH COURT] 20-03-2025 Mines and Minerals (Development and Regulation) Act, 1957 — Sections 14 & 15 — Rule Making Power of State for Minor Minerals — Scope — Section 14 explicitly excludes the applicability of Sections 4 to 13 (inclusive) of the Act to minor minerals — Consequently, the power to make rules for regulating the grant of quarry leases, mining leases, or other mineral concessions in respect of minor minerals vests exclusively with the State Government under Section 15(1) — This power is co-extensive with t India Law Library Docid # 2424871