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(541) SURJIT SINGH ALIAS TIKKA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 18-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 52A(1) & (2) — Sampling and Inventory Certification — Procedure — Samples drawn at spot by police — Inventory prepared, presented along with case property and seals to Duty Magistrate, who compared and certified inventory as correct — Held, distinguishing Mohanlal (2016(1) RCR (Cri) 858) and relying on Bharat Aambale (2025 SCC
India Law Library Docid # 2423948

(542) HARJIT KAUR AND ANOTHER Vs. UNION TERRITORY OF CHANDIGARH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 18-03-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 21, 22 — Jurisdiction of District Magistrate/Tribunal — Eviction of Children/Relatives — Requirement of Ownership — Held, the jurisdiction vested in the authorities under the 2007 Act to direct eviction of children/relatives is contingent upon the senior citizen applicant being the owner of the property in question — The Act’s provisions, aimed at protecting the life and property of senior citizens, apply to property own
India Law Library Docid # 2423949

(543) SURJIT KAUR Vs. PEPSU ROAD TRANSPORT CORPORATION, PATIALA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 18-03-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Fatal Accident — Enhancement — Deceased Bachelor aged 23 years — Tribunal applied incorrect multiplier (5 instead of 18) and incorrect deduction for personal expenses (1/3 instead of 1/2) — Failed to award future prospects and conventional heads — Held, applying principles laid down in Sarla Verma (2009) and Pranay Sethi (2017), multiplier of 18 applicable for age group 21-25; deduction for personal expenses for bachelor is 1/2;
India Law Library Docid # 2423950

(544) NKG INFRASTRUCTURE LIMITED Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 18-03-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Arbitrator — Unilateral Appointment Clause — Validity — Where an arbitration clause empowers one party's representative to appoint a sole arbitrator, such a clause pertaining to the unilateral appointment mechanism is legally invalid and unenforceable, following the law laid down by the Supreme Court in Perkins Eastman Architects DPC and Anr. v. HSCC (India) Limited, (2020) 20 SCC 760 and Central Organisation for Railways
India Law Library Docid # 2423978

(545) WINZO GAMES PRIVATE LIMITED Vs. CREATIVELAND ADVERTISING PRIVATE LIMITED[DELHI HIGH COURT] 18-03-2025
Arbitration and Conciliation Act, 1996 — Section 37(2)(b) — Appeal against Order under Section 17 — Scope of Interference — The scope of judicial interference in an appeal under Section 37(2)(b) against an interlocutory order passed by an Arbitral Tribunal under Section 17 is extremely limited and even narrower than the restrictive scope under Section 34 — The appellate court does not sit in appeal over the arbitrator's findings
India Law Library Docid # 2423979

(546) MS HIMALAYAN FLORA AND AROMA PRIVATE LIMITED Vs. UTTAR PRADESH IRRIGATION DEPARTMENT AND ANOTHER[DELHI HIGH COURT] 18-03-2025
Civil Procedure Code, 1908 — Order VI Rule 15A — Statement of Truth — Non-filing with Written Statement — Nature of Defect — Following the ratio decidendi of the Full Bench in Bharat Broadband Network Ltd. v. Sterlite Technologies Ltd. (2025 SCC OnLine Del 636), the non-filing of a mandatory Statement of Truth, as required under Order VI Rule 15A CPC, along with a pleading in a commercial suit, is a curable defect and does not, by itself, render the filing of the pleading non-est — The reasoning
India Law Library Docid # 2423981

(547) SHABANA Vs. GOVT OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 18-03-2025
Information Technology Act, 2000 — Section 79(3)(b) — Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — Rules 3(1)(d), 3(1)(j), 4 — Law Enforcement Agency (LEA) Requests to Intermediaries — Timelines and Cooperation — In the context of LEAs seeking user information from IT Intermediaries for investigation purposes, particularly in urgent matters like missing persons, bomb threats, or serious crimes, the maximum timeline of 72 hours prescribed under Rule
India Law Library Docid # 2423982

(548) MRS MEENA VOHRA Vs. MASTER HOSTS PVT LTD. AND OTHERS[DELHI HIGH COURT] 18-03-2025
Commercial Courts Act, 2015 — Section 2(1)(c)(i) — “Commercial Dispute” — Ordinary Transactions of Merchants, Bankers, Financiers, Traders — Mercantile Documents — Interpretation — For a dispute to qualify as a “commercial dispute” under Section 2(1)(c)(i) of the Commercial Courts Act, 2015, two cumulative conditions must be met: (1) it must arise out of “ordinary transactions” of or between merchants, bankers
India Law Library Docid # 2424016

(549) HARMANPREET KAUR DHIR Vs. PRITAM SINGH BHATIA[DELHI HIGH COURT] 18-03-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(a) and (d) — Rejection of Plaint — Cause of Action — Hindu Undivided Family (HUF) — Partition Suit — Pleading Requirements — Triable Issue — An application for rejection of plaint under Order 7 Rule 11 CPC requires the Court to examine only the averments in the plaint, assuming them to be true — While mere bald assertions of the existence of an HUF and coparcenary rights are insufficient post the Hindu Succession Act, 1956, a plaint cannot be rejected
India Law Library Docid # 2424017

(550) PRASHANT GUPTA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 18-03-2025
Penal Code, 1860 — Sections 376, 107, 109 — Rape and Abetment — Liability of Woman — While Section 376 IPC defines the offence of rape as being committed by 'a man', thereby excluding women from committing the act of rape itself, a woman can be held criminally liable for the distinct offence of abetment of rape under Section 109 IPC if she intentionally aids, instigates, or conspires in the commission of rape by a man, as per the definition of abetment in Section 107 IPC. (Paras 7, 8)
India Law Library Docid # 2424127

(551) SMT. BINDU AND ANOTHER Vs. INDORE PARASPAR SAHAKARI BANK LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 18-03-2025
Madhya Pradesh Land Revenue Code, 1959 — Schedule I, Rules 40, 41, 44, 45 & 47 — Challenge to Sale of Immovable Property — Limitation and Remedy — Under the procedure for sale of immovable property prescribed in Schedule I of the MPLRC, 1959, a challenge to the sale by depositing sums (Rule 40) or on grounds of material irregularity/mistake causing substantial injury (Rule 41) must be made by application to the Revenue Officer within thirty days from the date of sale — Once this period expires w
India Law Library Docid # 2424128

(552) JASNATH SWAMI AND ANOTHER Vs. BHEEKNATH AND OTHERS[RAJASTHAN HIGH COURT] 18-03-2025
Penal Code, 1860 — Section 306 r/w Section 107 — Abetment of Suicide — Essential Ingredients — Proximate Act & Mens Rea — For a conviction under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused, through a positive act or illegal omission, instigated or intentionally aided the commission of suicide — Such act must be proximate to the event of suicide and demonstrate a clear mens rea to push the deceased into such a situation where they are left with no other
India Law Library Docid # 2424170

(553) DEVI LAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 18-03-2025
Probation of Offenders Act, 1958 — Section 6 — Restrictions on Imprisonment of Offenders under Twenty-One Years of Age — Mandatory Nature — Section 6 of the Act imposes a mandatory restriction on courts sentencing persons under 21 years of age (at the time of the offence) convicted of offences punishable with imprisonment (but not life imprisonment) — The court shall not sentence such an offender to imprisonment unless it is satisfied, having regard to the circumstances (including offence nature
India Law Library Docid # 2424159

(554) BHUNDA RAM AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 18-03-2025
Criminal Procedure Code, 1973 — S. 482 — Quashing of FIR — Dispute Primarily Civil in Nature — Abuse of Process — Where the fundamental dispute between parties pertains to rights, title, or possession over immovable property and is essentially civil in nature, initiating criminal proceedings by lodging an FIR alleging offences like cheating, forgery, trespass, etc., arising from the same property transaction, can constitute an abuse of the process of law — The High Court, in
India Law Library Docid # 2424161

(555) JASNATH SWAMI AND ANOTHER Vs. BHEEKNATH AND ANOTHER[RAJASTHAN HIGH COURT] 18-03-2025
Penal Code, 1860 — Sections 306, 107 — Abetment of Suicide — Proof — Proximate Act — Mens Rea — To sustain a conviction under Section 306 IPC, the prosecution must establish beyond reasonable doubt a positive act of instigation or intentional aiding by the accused, which was proximate to the commission of suicide and demonstrated a definite mens rea to compel the deceased to end their life — Bald allegations, evidence of marital disharmony (particularly involving persons not accused), or the mer
India Law Library Docid # 2424168

(556) DEVI LAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 18-03-2025
Probation of Offenders Act, 1958 — Section 4 — Grant of Probation — Factors Considered — Conviction under Sections 380 & 454 IPC — In determining whether it is expedient to release a convicted person on probation of good conduct under Section 4, the court must consider the circumstances of the case, the nature of the offence, and the character of the offender — Where an accused is convicted under Sections 380 and 454 IPC (offences not punishable with death or life imprisonment) and there is no m
India Law Library Docid # 2424187

(557) BHANWAR SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 18-03-2025
Penal Code, 1860 — Sections 306, 107 — Abetment of Suicide — Framing of Charge — For establishing a charge of abetment of suicide under Section 306 IPC, read with Section 107 IPC, there must be clear prima facie evidence demonstrating a positive act of instigation, intentional aiding, or engagement in a conspiracy by the accused, possessing the requisite mens rea, which directly compels or leaves the victim with no option but to commit suicide — Such act must be in close proximity to the time of
India Law Library Docid # 2424221

(558) PRAMAN INFRASTRUCTURE PRIVATE LIMITED Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 18-03-2025
Maharashtra Stamp Act, 1958 — Section 27 (akin to Section 27, Indian Stamp Act) — Valuation for Stamp Duty — Disclosure of Facts Affecting Chargeability — Parties executing an instrument, such as a Deed of Conveyance, are statutorily obligated under Section 27 of the Stamp Act to fully and truly set forth all facts and circumstances affecting the chargeability of the instrument with stamp duty or the amount of duty payable, including the consideration and factors impacting market value — Revenue
India Law Library Docid # 2424283

(559) SANTOSH Vs. AJIT JAIWANTRAO BHISE[BOMBAY HIGH COURT (NAGPUR BENCH)] 18-03-2025
Maharashtra Rent Control Act, 1999 — Section 16(1)(g) — Eviction on Ground of Bona Fide Requirement — Landlord as Best Judge — Under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999, a landlord is entitled to recover possession if the premises are reasonably and bona fide required by the landlord for occupation by himself or specified others — The principle that the landlord is the best judge of his requirement applies, meaning the landlord decides how and in what manner to beneficiall
India Law Library Docid # 2424302

(560) MORESHWAR AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 18-03-2025
Natural Justice — Audi Alteram Partem — Deletion of Name from Revenue Record — Revenue authorities, such as the Naib Tahsildar, acting pursuant to a court decree or otherwise, cannot delete the name of a person recorded as an owner or possessor in the revenue records (like the 7/12 extract) based on registered sale deeds without first issuing notice and providing an opportunity of hearing to that person — An order deleting such entries passed without adhering to the principles of natural justice
India Law Library Docid # 2424303