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(701) RAMESHBHAI GANDUBHAI GUJARATI AND OTHERS Vs. SHANTABEN KESHUBHAI GUJARATI AND ANOTHER[GUJARAT HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Appeal — Limitation — Condonation of delay — Section 5 of Limitation Act, 1963 — Sufficient Cause — Negligence or inaction — Absence of bona fides — Defendants in suit filed written statement but did not participate further, leading to ex parte decree after evidence by plaintiff — Appeal filed 7 years and 6 months later — Application for condonation of delay citing unawareness of decree until mutation entry in revenue records 7 years
India Law Library Docid # 2425994

(702) MD. NASIR ALI @ NASIRUDDIN AHMED Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 376(2)(i) — Rape — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault against child — Evidence — Statements under Section 164 Cr.P.C. — Admissibility under Section 32 of Evidence Act — Victim deceased and unable to depose — Absence of eye-witnesses — Trial Court’s reliance on victim’s Section 164 statement as substantive evidence under Section 32 of
India Law Library Docid # 2426204

(703) ORIENTAL INSURANCE COMPANY LTD. Vs. SRI. PARTHA PRATIM HAZARIKA AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Motor Vehicles Act, 1988 — Section 173(1) — Motor Accident Claim — Injury Case — Compensation — Assessment of — Delay in filing FIR and obtaining disability certificate not necessarily rendering claim fraudulent or untrue — Accident proved by evidence of claimant, medical officer, exhibited medical documents, accident report, and charge sheet — Rash and negligent driving of offending vehicle
India Law Library Docid # 2426205

(704) SAFINA KHATUN AND OTHERS Vs. MOINUR ALI AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Section 47 — Execution of Decree — Questions to be determined by the Court executing decree — Scope and limitations — Executing court’s powers under Section 47 are microscopic and limited to questions of execution, discharge, or satisfaction of the decree — Executing court cannot go behind the decree or examine its validity unless the order allowing execution is without jurisdiction — Validity of decree must be challenged in a properly constituted suit or other avail
India Law Library Docid # 2426206

(705) VISWANATHAN (DIED) AND OTHERS Vs. STATE[MADRAS HIGH COURT] 23-04-2025
Penal Code, 1860 — Sections 147, 148, 294B, 302, 302 R/W 34, 302 R/W 109, 324, 427, 452 — Murder and related offences — Evidence — Eye-witnesses — Reliability — Close relatives — Injured witnesses — When eye-witnesses are closely related to the deceased, their testimony is not automatically unreliable, especially when they are also injured witnesses and their accounts are consistent and appear truthful, even without
India Law Library Docid # 2427930

(706) M/S DEEPAK AND CO THROUGH ITS PARTNER SMT POONAM PORWAL Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND ANOTHERS[DELHI HIGH COURT] 22-04-2025
Tender — Integrity Pact (Annexure ‘G’) — Deficiency — Absence of Witness Signatures — Rectification Post Bid Opening — Permissibility — Discussion on whether permitting a bidder (Respondent No. 2) to rectify the deficiency of missing witness signatures on the submitted Integrity Pact (Annexure ‘G’) after the opening of financial bids vitiates the tender process. Consideration of the nature of the Integrity Pact as a document signifying compliance in anticipation of the award, rather than purely
India Law Library Docid # 2424862

(707) DALBIR SINGH AND ANOTHER Vs. M/S. KRISAM PROPERTIES PRIVATE LIMITED[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Arbitration and Conciliation Act, 1996 — Section 8 — Arbitrability of Disputes — Scope of Judicial Review Post-Amendments (2015 & 2019) — Kompetenz-Kompetenz — Following the legislative amendments of 2015 and 2019, the scope of judicial scrutiny under Section 8 of the Act at the referral stage is extremely limited — The court’s role is primarily to conduct a prima facie review to ascertain the existence of a valid arbitration agreement — Issues relating to the arbitrability of the dispute are, a
India Law Library Docid # 2425084

(708) HARYANA AGRO-INDUSTRIES CORPORATION LTD. Vs. M/S. DEVI DAYAL SACHIN KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Limitation Act, 1963 — Contract Act, 1872 — Arbitration Claim — Bar of Limitation.

Arbitration proceedings initiated significantly beyond the limitation period prescribed both within the governing agreement and under the general law of limitation are liable to be rejected as time-barred — An arbitral award dismissing a claim on the ground of limitation, where the delay is undisputed and substantial is generally not liable to be interf
India Law Library Docid # 2425085

(709) HABEEN ALIAS HABIN ALIAS HABIB Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 [(as invoked in the order)] — Regular Bail — Factors for Grant — Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015 / IPC S. 120-B. - In exercising jurisdiction invoked under Section 483 BNSS for grant of regular bail concerning offences under the Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015 (Sections 3/13(1), 8/13(3)) and Section 120-B IPC, the Court considered the cumulative effect of several factors: (i) the period of c
India Law Library Docid # 2425086

(710) ECOSAFE INFRAPROJECTS LLP, THROUGH ITS DESIGNATED PARTNER MR. SAMANVAY PARASHAR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 22-04-2025
Rajasthan Minor Mineral Concession Rules, 2017 (RMMCR 2017) — Rules 9(1) proviso, 16(3), 21(6) — E-auction Notice — Period of Lease — Commencement Date — Environmental Clearance (EC) — Alleged Ambiguity — An e-auction notice clause specifying the period of a mining lease for mineral bajri (river sand) as five years commencing from the date of registration of the lease deed is not vague, ambiguous, or uncertain — This clause is perfectly aligned with the statutory scheme under RMMCR 2017, specifi
India Law Library Docid # 2425384

(711) NAGAD NARAYAN AGRO FOODS PVT. LTD. Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 22-04-2025
Administrative Law — Principles of Natural Justice — Bias — Nemo Judex in Causa Sua (No one should be a judge in his own cause) — Appellate Authority — Distinction between ‘Post’ and ‘Person’ — Multi-member Body — The principle of nemo judex in causa sua, which prohibits a person from acting as a judge in a matter where they have an interest or have previously acted in a different capacity, applies to the individual decision-maker, not merely the post held — Where rules designate the
India Law Library Docid # 2425385

(712) STATE Vs. JAVED KHAN AND OTHERS[RAJASTHAN HIGH COURT] 22-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal Against Acquittal — Scope of Interference — Principles — An appellate court, while deciding an appeal against acquittal under Section 378 CrPC, must adhere to established principles: (i) acquittal strengthens the presumption of innocence; (ii) evidence must be comprehensively reappreciated; (iii) if two views are possible, the one favoring the accused should ordinarily prevail; (iv) if the trial court’s view is legally plausible, mere p
India Law Library Docid # 2425386

(713) STATE OF MADHYA PRADESH AND OTHER Vs. LACHU @ LAXMI NARAYAN[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-04-2025
M.P. Prisoner’s Release on Probation Act, 1954 — Section 2 & Rule 11 (M.P. Prisoner’s Release on Probation Rules, 1964) — Effect of Setting Aside Release Order in LPA — Bonafide Belief of Licence Continuance — Where a writ petitioner, convicted under Section 302 IPC and sentenced to L.I., was released on probation by a Single Bench order, and this order was subsequently set aside in an L.P.A. directing him to surrender, his continued absence from prison cannot be deemed as part of the period of
India Law Library Docid # 2425533

(714) CUREWIN HYLICO PHARMA PVT. LTD. Vs. CUREWIN PHARMACEUTICALS PVT. LTD AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-04-2025
Commercial Courts Act, 2015 — Institution of Suit — Proper Valuation and Court Fees — Pre-institutional Mediation — A commercial suit is considered ‘duly instituted’ only after proper valuation, payment of requisite ad valorem court fees, and, where applicable (if no urgent interim relief is sought), exhaustion of the remedy of pre-institutional mediation as per Section 12-A of the Act — Until these conditions are met, the Commercial Court may not have full jurisdiction to proceed, and summons t
India Law Library Docid # 2425534

(715) SHIVANI AND OTHERS Vs. BHERULAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-04-2025
Civil Procedure Code, 1908 — Order 8 Rule 6-A(1) — Filing of Counter-Claim — After Written Statement — A counter-claim is not barred from being filed merely because the defendant has already filed their written statement — Rule 6-A(1) requires that the cause of action for the counter-claim must have accrued to the defendant before the defendant delivered their defence or before the time limited for delivering the defence expired — The court, in its discretion, may allow a counter-claim to be fil
India Law Library Docid # 2425535

(716) 63 IDEAS INFOLABS PVT. LTD. (TRADENAME NINJAKART) Vs. M/S MORE TRADING COMPANY AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 22-04-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Scope of Consideration — An application for rejection of plaint under Order 7 Rule 11 CPC must be decided solely on the basis of the averments made in the plaint and the documents annexed thereto — The court cannot consider allegations made by the defendant in their written statement or in the application for rejection itself — If the plaint, read as a whole, discloses a cause of action, it cannot be rejected under this provisi
India Law Library Docid # 2425536

(717) ROSHAN LAL BHARDWAJ Vs. ASHOK SUD AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 22-04-2025
Himachal Pradesh Urban Rent Control Act, 1987 — Section 14(3)(c), Proviso — Eviction on ground of bona fide requirement for re-building/re-construction — Tenant’s right of re-entry — Scope and limitations — Proviso to Section 14(3)(c) grants right of re-entry only upon mutual agreement on new tenancy terms in a re-built building; requires presence of a re-built building and mutual agreement on new terms of tenancy for invocation — No evidence of
India Law Library Docid # 2425891

(718) USHA DEVI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 22-04-2025
Himachal Pradesh Panchayati Raj Act, 1994 — Section 145(1)(c) — Suspension of Pradhan — Validity — Allegations of illegalities and irregularities — Preliminary inquiry conducted, show cause notice issued, reply found unsatisfactory, leading to suspension — Suspension order issued following
India Law Library Docid # 2425892

(719) DHARAM PRAKASH BHARDWAJ Vs. BABA JANG BAHADUR[HIMACHAL PRADESH HIGH COURT] 22-04-2025
Himachal Pradesh Urban Rent Control Act, 1987 — Section 24(5) — Revisional Jurisdiction of High Court — Scope under three Rent Control Acts (including H.P. Rent Act) similar, though wording varies — Wider than Section 115 CPC; not as wide as appellate power — Not a cloak for appeal in disguise — Rehearing of original issues impermissible
India Law Library Docid # 2425899

(720) STATE OF GUJARAT Vs. USMANKHANJI SAHIDKHANJI DAYMA[GUJARAT HIGH COURT] 22-04-2025
Criminal Procedure Code, 1973 — Section 378(1)(3) — Criminal Appeal (acquittal) — Scope of interference — Appellate Court’s power is coextensive with trial court, can review and reappreciate evidence — No limitation on exercise of such power — Can reach own conclusions on facts and law — Expressions like ‘substantial and compelling reasons’ are ‘flourishes of language’, not curtailing power — However, in acquittal appeals, there is a ‘double presumption’ of innocence in favour of the accused — I
India Law Library Docid # 2426101