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(541) SONAL SAXENA Vs. RITESH SAXNEA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting Aside Ex-parte Decree — Grounds — Second Proviso Applicability — An application under Order 9 Rule 13 CPC for setting aside an ex-parte decree can be filed on two grounds — (i) summons not duly served, or (ii) defendant was prevented by sufficient cause from appearing — The second proviso to Order 9 Rule 13 (barring setting aside merely for irregularity in service if defendant had notice and sufficient time) applies only to the first ground
India Law Library Docid # 2425578

(542) ZILE SINGH Vs. RAJWANTI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Section 151 & Limitation Act, 1963 — Section 5 — Condonation of delay in refiling appeal — Delay of 800 days — Application for condonation dismissed as reasons cited (clerk inadvertently placed brief among decided cases, counsel overlooked due to work pressure) were vague, general, and did not constitute sufficient cause for extraordinary and inordinate delay — Established law that delay of each day must be explained.
India Law Library Docid # 2425616

(543) SMT. REETA AND OTHERS Vs. MALA RAM AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim petition for death — Enhancement of compensation — Conventional Heads — Where Tribunal awarded Rs.30,21,760/- as total compensation, including Rs.74,000/- under conventional heads (loss of estate, love and affection, funeral expenses), and claimants sought enhancement only under conventional heads, relying on Supreme Court judgments in Shri Ram General Insurance ( Rs. 77,000/- max) and other cases allowing up to 5% variation, held, appeal dismissed
India Law Library Docid # 2425617

(544) PUNJAB & SIND BANK Vs. PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Industrial Disputes Act, 1947 — Termination of service vs. Abandonment of job — Clerk-cum-Cashier in bank overstayed ex-India leave, joined briefly, then again remained absent for long period despite notices to rejoin, indicating no interest in performing duties and intention to abandon job (having left for America for greener pastures) — Labour Court’s award directing reinstatement with continuity but without back wages, on ground that termination was bad for want of enquiry and retrenchment co
India Law Library Docid # 2425618

(545) SRINIVAS RAO NAIDU AND OTHERS Vs. HIGH COURT OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Chhattisgarh Civil Services (General Condition of Service) Rules, 1961 — Rule 12(2)(C) — Amendment and Interpretation — Seniority upon Absorption — Deputationists absorbed in the High Court establishment after prior regular service in the parent department (District Court establishment) — Amended rule provides for counting seniority from the date of holding the same or equivalent grade on regular basis in the parent department OR the date of holding the post on deputation, whichever is earlier —
India Law Library Docid # 2425695

(546) THE ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS Vs. SMT. RURHI BAI AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Death in vehicular accident — Assessment of income — Deceased earning by labour works — Tribunal assessing income on notional basis lacking cogent evidence — Minimum Wages provisions for unskilled labourers applicable — Deceased’s monthly income safely inferred from minimum wages — Tribunal’s assessment on lower side erroneous.
India Law Library Docid # 2425696

(547) SHREEMANTHULA KUMARASWAMY Vs. PUNJAB NATIONAL BANK AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(2) — Notice — Service of — Allegation of lack of proper service of notice under Section 13(2) leading to unawareness of account classification as NPA and entire proceedings — Whether non-service of notice invalidates subsequent proceedings.
India Law Library Docid # 2425697

(548) SMT. P. KAVITA MURTI (NOW SMT. KAVITA SANDHU) Vs. P. VENKATRAMAN MURTI[CHHATTISGARH HIGH COURT] 01-05-2025
Criminal Procedure Code, 1973 — Section 378(4) — Acquittal Appeal — Reversal of Acquittal — Standard of Review — Appellate Court’s power to interfere with acquittal findings where based on perverse appraisal of evidence, overlooking vital materials, or drawing conclusions contrary to established facts — Case involves acquittal under Sections 405 and 406 IPC (Criminal Breach of Trust) for misappropriation of Stridhan
India Law Library Docid # 2425698

(549) SHANKARI DEVI AND ANOTHER Vs. UNION OF INDIA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-05-2025
Pensions — Family Pension — Eligibility — Rule 50, CCS Pension Rules — Widow remarries — Entitlement of parents — Rule 50(10)(a) provides that if a widow ceases to be eligible for family pension (due to remarriage), the pension at the specified rate shall be payable to the parents for life, provided they were dependent on the government servant immediately before his death — Deceased employee’s widow received family
India Law Library Docid # 2425885

(550) MAHESHBHAI HAJIBHAI SOJITRA Vs. BABU LIME PRIVATE LIMITED[GUJARAT HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(a) & (d) — Rejection of plaint — Maintainability of suit — Commercial Courts Act, 2015 — Application for rejection of plaint on grounds of undervaluation and lack of jurisdiction of District Court under the 2015 Act — Suit for permanent injunction, passing off, and infringement of trademark and copyright — Plaintiff valued suit below specified value, filing in District Court — Defendant contends dispute is commercial and falls under the Commercial Cou
India Law Library Docid # 2425993

(551) DEVESH METCAST PVT LTD THROUGH DIRECTORS AND OTHERS Vs. GIRISH NAGJIBHAI SAVALIYA[GUJARAT HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Grounds (a) and (d) — Absence of cause of action — Suit barred by law of limitation — Application under Order VII Rule 11 – Court to examine plaint and annexed documents to determine if suit is frivolous, vexatious, or barred by law — Rejection warranted when plaint discloses no cause of action
India Law Library Docid # 2426047

(552) MAJOOR MAHAJAN MANDAL NAVSARI AND ANOTHER Vs. SITABEN MANGUBHAI AND OTHERS[GUJARAT HIGH COURT] 01-05-2025
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(c) — Eviction — Ground of nuisance or annoyance — Essential ingredients: tenant’s conduct causing nuisance or annoyance to adjoining or neighbouring occupier — Allegation of tenant encroaching on adjoining property (474/A/1) and using it as an additional room amounting to nuisance — Landlord
India Law Library Docid # 2426048

(553) BANAMALI SARKAR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(C) — Possession of commercial quantity of ganja — Conviction and sentence of 12 years RI and Rs. 1,00,000/- fine challenged in appeal — Grounds of challenge include failure to prove chain of custody, non-examination of Malkhana in-charge and messenger, discrepancy in sample markings and seals, absence of homogeneous mixing, inconsistent independent witness testimony regarding seizure location, non-production of entire seized contr
India Law Library Docid # 2426162

(554) OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS Vs. ANKUSH SAIKIA AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025
Rights of Persons with Disabilities Act, 2016 — Section 2(s) and 2(r) — Person with disability — Person with benchmark disability — Temporary disability certificate — Appointment — Eligibility for post reserved for persons with benchmark disability requires a “person with disability” as defined under Section 2(s) which implies a long-term impairment — Temporary disability certificate with a limited validity period (e.g., 3 years 5 months) does not satisfy the definition of “person with disabilit
India Law Library Docid # 2426163

(555) AYESHA KHATUN AND ANOTHER Vs. ABU BAKKAR SIDDIQUE[GAUHATI HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Order 43 Rule 1(r) — Challenge to injunction order — Principles for interference — An injunction order, being discretionary and equitable, should not be interfered with unless discretion suffers from perversity, unreasonableness, irrationality, or is contrary to settled principles for granting injunction.
India Law Library Docid # 2426164

(556) NAND KISHORE AND OTHERS Vs. KANYABAI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-05-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Grounds for rejection — Limitation and court fees acknowledged as valid grounds for rejection of plaint at the initial stage
India Law Library Docid # 2428263

(557) SMT. KUSUM Vs. ANAND KUMAR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 30-04-2025
Insurance Act, 1938 — Section 39 (as amended by Act 5 of 2015) — Nominee Rights vs. Succession Law — The interpretation of amended Section 39(7), which uses the term “beneficially entitled” for specified nominees (parents, spouse, children), is contested regarding whether it grants absolute ownership rights to the nominee, thereby overriding personal succession laws.
India Law Library Docid # 2425302

(558) ABHA JAIN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025
Principles of Natural Justice — Supply of Inspection Report with Show Cause Notice — Mining Lease — In proceedings initiated by the Mining Department alleging illegal mining or other violations by a leaseholder, if a show cause notice is based on an ex-parte inspection report, failure to supply a copy of such inspection report along with the show cause notice to the petitioner vitiates the proceedings — This denial prevents the petitioner from filing an effective reply and defending their case,
India Law Library Docid # 2425482

(559) KALYAN Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025
Criminal Law — Circumstantial Evidence — Five Golden Principles (Panchsheel) — For a conviction based solely on circumstantial evidence, the prosecution must satisfy five golden principles: (1) the circumstances from which the conclusion of guilt is to be drawn must be fully established; (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused and not explainable on any other hypothesis; (3) the circumstances should be of a conclusive nature and tend
India Law Library Docid # 2425483

(560) NEHA BARUA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-04-2025
Service Law — Reservation — Handicapped Category — Adjustment against Unreserved Category — 100% Reservation Impermissible — Where an advertisement shows a vacancy in the unreserved (UR) category, and simultaneously a seat is also reserved for a handicapped category without specifying a particular seat, the UR seat cannot be carried forward due to non-availability of a handicapped candidate if a meritorious UR candidate is available — Carrying forward the UR seat in such a scenario, effectively
India Law Library Docid # 2425539