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(741) THE STATE OF MADHYA PRADESH AND OTHERS Vs. SUNGRACE ENGINEERING PROJECT PVT.[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 27-06-2025
Civil Procedure Code, 1908 — Order 8 Rule 6A, Order VI Rule 17 — Counter-claim — Amendment of written statement — Multiplicity of suits — An application for amendment of a written statement to include a counter-claim, even if filed after the claimant’s evidence is complete, should ordinarily be allowed to avoid multiple lawsuits, especially when the subject matter of the counter-claim is not time-barred
India Law Library Docid # 2428009

(742) P.SUBRAMANI AND OTHERS Vs. P. PALANISAMY AND OTHER[MADRAS HIGH COURT] 27-06-2025
Civil Procedure Code, 1908 — Order 1, Rule 8 — Representative Suit — Applicability — Dispute concerning administration of a public temple — Plaintiff seeking declaration of personal status as President and nullification of new committee appointments — Suit filed in individual capacity, not as a representative suit under Order I, Rule 8 — Held, Order I Rule 8 applies when numerous persons have the
India Law Library Docid # 2427873

(743) V. RAJA Vs. KOTAK MAHINDRA BANK LIMITED AND OTHERS[MADRAS HIGH COURT] 27-06-2025
Constitution of India — Article 227 — Supervisory Jurisdiction of High Court — Setting aside Arbitral Award — The High Court can exercise its supervisory jurisdiction under Article 227 of the Constitution of India to set aside an arbitral award, even if alternative remedies like an application under Section 16 or an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, are available,
India Law Library Docid # 2427874

(744) SHREEM ELECTRIC LIMITED Vs. THE COMMISSIONER OF COMMERCIAL TAX NOW COMMISSIONER OF STATE TAX[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 27-06-2025
Madhya Pradesh VAT Act, 2002 — Section 7(1)(b) — Works Contract — Contractor and Sub-contractor — Joint and Several Liability — Deemed Sale — Tax on Turnover — The Act imposes joint and several liability on both the contractor and sub-contractor for tax on transfer of property in goods involved in a works contract.
India Law Library Docid # 2428010

(745) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SMT. ASHA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-06-2025
Motor Vehicles Act, 1988 — Liability of Insurer — “Pay and Recover” Principle — Breach of Policy Conditions — Where the Claims Tribunal finds that the conditions of the insurance policy were violated (private vehicle used commercially, or driver lacking appropriate license), the Insurance Company, despite not being primarily responsible for compensation, can be directed to first pay the compensation
India Law Library Docid # 2428008

(746) UNITED INDIA INSURANCE COMPANY LIMITED Vs. SMT. ASHA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-06-2025
Motor Accidents Claims Tribunal — Compensation — Motor Accident Claims — “Pay and Recover” — Insurance Company’s Liability — Where the Insurance Company’s defense was based on violation of policy conditions (commercial use, invalid license) and not on the policy being a mere “Act Policy” with no premium for passengers, and no such objection or evidence was presented during trial, the
India Law Library Docid # 2428005

(747) EICHER MOTORS LTD. Vs. COMMISSIONER OF COMMERCIAL TAX, INDORE AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-06-2025
Madhya Pradesh Commercial Tax Act, 1994 (MPCT Act) — Section 28(1) — Reassessment — Scope of Reassessment — An issue concluded in original assessment, where department did not challenge it, cannot be reopened by the assessing officer during reassessment unless specifically remanded on that issue.
India Law Library Docid # 2428006

(748) RAM KRISHNA UPADHYAY Vs. CHANDRA PRAKASH KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-06-2025
Motor Vehicles Act, 1988 — Claim for Compensation — Proof of Accident — Delay in lodging First Information Report (FIR) — Effect on Claim — The Supreme Court has held that delay in lodging FIR cannot be a ground to doubt the claimant’s case, especially when the priority is to get the victim treated — Courts should scrutinize evidence closely for fabrication but should not dismiss a claim merely due
India Law Library Docid # 2428007

(749) SMTI. PADMABATI DAS AND OTHERS Vs. DHIREN KALITA AND OTHERS[GAUHATI HIGH COURT] 25-06-2025
Specific Relief Act, 1963 — Section 6 — Suit for recovery of possession — Summary nature — Scope limited to possession and dispossession within six months prior to suit filing, excluding title adjudication — High Court's revisional jurisdiction under Section 115 of CPC is exceptional, to correct defects of jurisdiction or material irregularity, not to re-evaluate evidence or interfere with factual findings unless
India Law Library Docid # 2428567

(750) A.SHAHUL HAMEED Vs. N.MALLIGARJUNA AND OTHERS[MADRAS HIGH COURT] 25-06-2025
Specific Relief Act, 1963 — Section 16(c) — Specific Performance of Contract — Readiness and Willingness — Proof — Even if a defendant does not specifically plead it, the plaintiff must prove their readiness and willingness to perform their part of the contract — This requirement applies throughout the contract period and until the trial concludes — The 2018 amendment to the Specific Relief Act only dispenses with the pleading of readiness and willingness, not its proof — In the present case,
India Law Library Docid # 2427863

(751) KISHAN Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-06-2025
Criminal Law — Murder (IPC S. 302) vs. Culpable Homicide Not Amounting to Murder (IPC S. 304 Part II) — Alteration of Conviction — Key Principle — Where evidence shows a sudden fight, without premeditation, in the heat of passion during a quarrel, and without the offender taking undue advantage or acting in a cruel or unusual manner, the offense may be reduced from murder to culpable homicide not
India Law Library Docid # 2428001

(752) NITIN Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 25-06-2025
Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) — Section 2(o), 2(q), 5(2), 6, 8, 10(1), 10(3), 10(5), 10(6) — Urban Land (Ceiling and Regulation) Repeal Act, 1999 — Scope and Applicability — Acquisition of Vacant Land — Deemed Vesting — Effect of Repeal Act on Completed Proceedings — Land sold after Notification under ULC Act — Validity — The ULC Act, adopted by Madhya Pradesh on 09/09/1976, provided for acquisition of vacant land in excess of the ceiling limit — The Repeal Act came int
India Law Library Docid # 2428002

(753) NIRMALA JAISWAL Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 25-06-2025
Criminal Law — Murder (IPC S. 302) & Attempted Murder (IPC S. 307) — Proof Beyond Reasonable Doubt — Recovery of Poison — Dying Declaration — Child Witness — In a case involving poisoning of children where two died, the conviction of the mother for murder and attempted murder was challenged — The FSL report confirmed organophosphorus pesticide in the viscera of the deceased children and in a
India Law Library Docid # 2428003

(754) IN REFERENCE Vs. VIRENDRA ADIWASI[MADHYA PRADESH HIGH COURT] 25-06-2025
Criminal Procedure Code, 1973 — Section 293 — Forensic Science Laboratory (FSL) Report — Admissibility without Expert Examination — The report of a government scientific expert issued by a competent authority under Section 293(4) Cr.P.C. is admissible as evidence without necessarily examining the expert, especially when the collection and sealing of samples, their preservation, and the methodology employed for testing are not disputed or suspicious — The court has discretion under
India Law Library Docid # 2428004

(755) SMTI. MOUTUSHI DUTTA Vs. SRI RADHYA SHYAM SARKAR AND OTHERS[GAUHATI HIGH COURT] 24-06-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Power of Attorney Holder — Rectification Deed — Improper assessment of evidence by lower appellate court — Ignorance of General Power of Attorney (GPA) in deciding authority of GPA holder to execute rectification deed renders finding perverse.
India Law Library Docid # 2428565

(756) ABHISHEK SHAH Vs. RADHYA SHYAM SARKAR AND OTHERS[GAUHATI HIGH COURT] 24-06-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Power of Attorney — Rectification Deed — Authority of Attorney — Sale of Land — The first appellate court erred by ignoring the General Power of Attorney (GPA) when deciding the authority of the attorney to execute a rectification deed, leading to a perverse finding. The appellate court's conclusion that the initial land transfer was
India Law Library Docid # 2428566

(757) S. GEETHA RANI Vs. M. GANESAN (DIED) BY LRS[MADRAS HIGH COURT] 24-06-2025
Hindu Law — Joint Family Property — Nucleus and Self-Acquired Property — Burden of Proof — A Hindu family is presumed to be joint unless contrary proved; however, proof of a joint family doesn’t automatically mean property held by any member is joint — The burden is on the person claiming property as joint to establish it — If it is established that the family possessed joint property (nucleus) from which
India Law Library Docid # 2427864

(758) ANANDH Vs. THE STATE, REP. BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 24-06-2025
Protection of Children from Sexual Offences (POCSO) Act, 2012 — Sections 5(m) read with 6, 11(iv) read with 12, 5(l)(m) read with 6, 29, 30 — Indian Penal Code, 1860 — Sections 366A, 506(i) — Sexual assault and kidnapping of minors — Presumption as to commission of offence and culpable mental state — Medical evidence vs. victim statements — Trial court convicted the accused for life imprisonment and rigorous imprisonment for various offenses under POCSO Act and
India Law Library Docid # 2427866

(759) KARTHI @ KARTHIK AND OTHER Vs. THE STATE REPRESENTED BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 24-06-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Indian Penal Code, 1860 — Section 307 (Attempt to murder) — Free fight — Counter case — Non-explanation of injuries on accused — The prosecution’s failure to explain injuries sustained by the accused, particularly when significant, casts doubt on the prosecution’s case, especially if the witnesses are interested or inimical, or if
India Law Library Docid # 2427867

(760) RAVINDDRA SINGH @ RAVENDRA SINGH PARMAR Vs. JAIKISHAN VISNOI AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 24-06-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Enhancement of Award — Permanent Disability — Claimant suffering 85% permanent disability due to amputation of left hand below shoulder in road accident, rendering him unable to drive truck as he previously did — Tribunal considered only 20% loss of earning capacity and 40% whole body disability — High Court enhanced loss of earning
India Law Library Docid # 2427999