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(721) SRI PRAKASH @ SHREE PRAKASH Vs. ARUN KUMAR ASHANA AND OTHERS[PATNA HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Order 1 Rule 10(2) — Impleadment of parties — Letters of Administration — Scope of proceedings — Rejection of impleadment application — Maintainability of fresh application by successor-in-interest— Where the father of the petitioner had already sought impleadment in a Letters of Administration (LA) case, and his application was rejected on the grounds that intervener was not a necessary party as the proceeding concerned only the validity of
India Law Library Docid # 2427358

(722) APOLLO GREEN ENERGY LIMITED Vs. MAN STRUCTURALS PRIVATE LIMITED[PUNJAB AND HARYANA HIGH COURT] 01-07-2025
Arbitration and Conciliation Act, 1996 — Section 34 (Application for setting aside arbitral award) & Section 36(3) (Enforcement of arbitral award) — Release of decretal amount during pendency of Section 34 petition — Principles for release — Requirement of reasoned order — Exercise of discretion — Supreme Court directions — When a Commercial Court is directed by the Supreme Court not to allow
India Law Library Docid # 2427359

(723) KULDEEP SINGH Vs. MOHIT KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-07-2025
Haryana Panchayati Raj Act, 1994 — Section 176(4)(b) — Recount of Votes — Election Petition — Powers of Election Tribunal — Secrecy of Ballot — An order for recount of votes cannot be made mechanically or as a matter of course — The secrecy of the ballot is sacrosanct and inviolable unless strong prima facie circumstances of irregularity or illegality in counting are established — Two basic requirements for ordering a recount are: (i) the election petition must contain an adequate statement of
India Law Library Docid # 2427360

(724) IN RE: IN THE MATTER OF SAVING THE MINOR CHILDREN, WOMEN AND CITIZENS FROM MALNUTRITION OR OBESITY- WHICH IS AFFECTING THEIR PHYSICAL AND MENTAL HEALTH.[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-07-2025
Constitution of India — Article 21 — Right to Life with Dignity — Right to Food and Health — Importance of Nutrition — The right to life under Article 21 includes the right to a life of dignity, which inherently encompasses access to decent, adequate, and balanced nutritious food for physical and mental well-being — Malnutrition and health issues arising from inadequate or unhealthy food constitute a violation of this fundamental right — The State has a constitutional obligation to preserve huma
India Law Library Docid # 2427361

(725) E.VENKATRAMAN Vs. B. DHEENAN AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Proof — Obligation of Plaintiff — Even in the absence of a specific defense plea, the plaintiff in a specific performance suit must prove their readiness and willingness to perform their part of the contract throughout the proceedings, as it is a statutory mandate under Section 16(c)
India Law Library Docid # 2427410

(726) R. PALANISAMY Vs. D.THANGAMUTHU AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Oral Partition — Burden of Proof — When a plaintiff alleges an oral partition of property, the burden of proving such a partition lies upon them.
India Law Library Docid # 2427411

(727) N. PALANISAMY GOUNDER (DIED) BY LRS Vs. N. JEYABAL AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Hindu Law — Joint Family Property — Self-Acquired Property — Evidence — Burden of Proof — Mere partition between co-owners does not automatically establish joint family or ancestral property status; there must be evidence of pre-existing joint family property or contribution from such, and recitals in partition deeds claiming self-acquired status should be considered. When no prior evidence of joint
India Law Library Docid # 2427412

(728) PAPANNA Vs. MUNIRAJ AND OTHERS[MADRAS HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Ancestral Property — Oral Partition — Gift Deed — Adverse Possession — Limitation Act, 1963 — Section 27, Article 64 — Court Fees Act, 1955 — Section 37(2) — Maintainability of Suit for Partition — Proper description of Suit Property — Pecuniary Jurisdiction — Non-joinder of Necessary Parties — Estoppel.

B. Hindu Law — Ancestral Property — Proof — Burden of proof is on the party claiming property to be anc
India Law Library Docid # 2427413

(729) P. LEKHA AND OTHER Vs. THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION[MADRAS HIGH COURT] 01-07-2025
Constitution of India — Article 226 — Writ Petition — Mandamus — Public Service Commission Examinations — Certificate Verification — Non-submission of documents within stipulated time — Effect of subsequent Corrigendum/Press Release extending time for re-uploading documents — Principles of transparency, non-discrimination, and non-arbitrariness under Article 14 — Where the recruiting agency, despite strict initial conditions, issues a Corrigendum allowing candidates to re-upload documents that w
India Law Library Docid # 2427414

(730) C.H.MOOSA Vs. CENTRAL BUREAU OF INVESTIGATION[KERALA HIGH COURT] 01-07-2025
Criminal Procedure — Discharge — Framing of Charge — Principles — At the stage of considering discharge or framing charge, the court is not expected to deeply evaluate the probative value of materials but must assess whether a prima facie case exists against the accused based on the prosecution’s materials — The judicial mind must be applied to determine if there are sufficient grounds to proceed with the trial — If the materials, taken at face value, disclose the ingredients of the alleged offe
India Law Library Docid # 2427415

(731) STATE OF RAJASTHAN AND OTHERS Vs. SURESH KUMAR[RAJASTHAN HIGH COURT] 01-07-2025
Limitation Act, 1963 — Section 5 — Condonation of delay — Application for condonation of delay of 561 days in filing Special Appeal (Writ) — Explanation for delay insufficient, citing administrative decisions and minor delay — Court requires satisfactory explanation for delay, not merely stating administrative reasons.
India Law Library Docid # 2428698

(732) KISHNARAM GURJAR Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 01-07-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8/18 — Conviction — Appeal — Defective notice under Section 50 — Search and seizure procedures — Non-compliance with mandatory provisions of NDPS Act — Impropriety by Seizing Officer — Faulty notice under Section 50 of the NDPS Act renders the recovery vitiated — Option given to accused to be searched before a Magistrate was
India Law Library Docid # 2428699

(733) JASVINDER SINGH Vs. RAVINDER SINGH AND OTHERS[RAJASTHAN HIGH COURT] 01-07-2025
Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Written Statement — Additional Documents — While the trial court rejected the defendant's application to file additional documents (a will and a declaration) after the evidence stage, the High Court allowed it, considering that the plaintiff had earlier sought production of the same document.
India Law Library Docid # 2428700

(734) THE STATE OF MADHYA PRADESH AND OTHERS Vs. RAMESH BHABAR AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Madhya Pradesh Panchayat Services (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 — Rules 2, 3(1-b), 5(1), 6(7) — Applicability of Rules — Gram Panchayat Secretary — Competent Authority for Transfer — Rule 6(7) — Transfer on administrative grounds or application within district — After proper enquiry of complaints on recommendation of CEO, Janpad Panchayat — CEO,
India Law Library Docid # 2428011

(735) L & T GENERAL INSURANCE COM. LTD AND OTHERS Vs. SMT. GOMAYA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-06-2025
Motor Vehicles Act, 1988 — Compensation — Death — Assessment of Income — Future Prospects — Deceased was a Constable in BSF, aged 51, in permanent employment — Application of 15% future prospects is justified as per law laid down in Pranay Sethi (supra) for those in permanent jobs, considering inherent possibility of enhancement.
India Law Library Docid # 2428012

(736) SHIVAJI RAO TAMBAT Vs. SMT PARWAT KANNOJIYA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-06-2025
Madhya Pradesh Accommodation Control Act, 1961 — Section 13(2) — Dispute as to amount of rent payable by tenant — Provisional Rent — Court’s Obligation — When a tenant disputes the amount of rent in a suit under the M.P. Accommodation Control Act, the trial court is obligated to fix a reasonable provisional rent.
India Law Library Docid # 2428013

(737) TRILOKCHAND DHANERIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Civil Services — Pension — Commutation of Pension — Madhya Pradesh Civil Services (Commutation of Pension) Rules, 1996 — Rule 10(1) — Restoration of commuted pension — Challenge to fixed interest rate and 15-year restoration period — Rule 10, as amended, provides for restoration of commuted pension from the first day of the following month in which the pensioner attains 75 years of age or
India Law Library Docid # 2428014

(738) M/S HINDUSTAN EQUIPMENT PVT. LTD (UNIT 1) Vs. STATE OF M.P. THROUGH COMMERCIAL TAX DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Madhya Pradesh Karadhan Adhiniyamon Ki Puranee Bakaya Rashi Ka Samadhan Adhyadesh, 2020 (Ordinance) — Section 4(1) — Categories of Settlement — Classification of case where a demand arises from non-submission of ‘C Forms’ but an appeal is pending before an appellate authority — Petitioner’s case initially stemmed from non-submission of ‘C Forms’ (Category 1) but was challenged through appeals — The relevant stage for determining the settlement category is the filing of
India Law Library Docid # 2428015

(739) SMT. RAM KUNWAR CHOUHAN Vs. CHIEF MANAGING DIRECTOR AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-06-2025
Electricity Act, 2003 — Section 135 — Theft of Electricity — Provisional Assessment — Applicability — When direct theft of electricity (two extra cables connected directly to transformer) is detected, officials are justified in issuing a provisional assessment and demanding payment under Section 135 of the Electricity Act, 2003, not Section 126.
India Law Library Docid # 2428016

(740) M/S. SUNRISE TRADERS FANCY BAZAR Vs. UNION OF INDIA GM[GAUHATI HIGH COURT] 27-06-2025
Railways Act, 1989 — Section 106 — Notice of claim — Tribunal correctly held that notice under Section 106 of the Railways Act was properly issued and served, and that the information, demand, or enquiry itself is deemed a notice of claim.
India Law Library Docid # 2428568