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(761) RAMESH KUMAR SINGH Vs. COMMISSIONER, LUCKNOW DIVISION, LUCKNOW AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 02-04-2025
Constitution of India — Article 226 — Writ Jurisdiction — Discretionary Remedy — Non-interference when Substantial Justice Done or Illegality Revived — The jurisdiction of the High Court under Article 226 is discretionary and equitable — The Court is not bound to interfere and quash an order, even if it suffers from technical flaws, procedural irregularities, jurisdictional errors, or is barred by limitation or res judicata, if substantial justice appears to have been done, or if quashing the im
India Law Library Docid # 2425388

(762) KAMAL KUMAR BAKSHI Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 02-04-2025
Administrative Tribunals Act, 1985 — Section 21 — Limitation — Adjudication on merits after dismissal on limitation — Propriety — Jurisdiction and limitation are threshold issues for availing a remedy before a forum — Once an Original Application (O.A.) is dismissed as being barred by limitation, the tribunal is ousted of jurisdiction to decide the O.A. on merits — If the application is not admitted due to being beyond limitation and no prayer for condonation is made or granted, the tribunal has
India Law Library Docid # 2425425

(763) STATE OF MADHYA PRADESH AND OTHERS Vs. SMT. BHAWNA GOSWAMI[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-04-2025
Constitution of India — Article 226 — Family Planning Indemnity Scheme, 2013 — Clause 1.2(8) — Limitation for Compensation Claim (Failed Sterilization) — Interpretation — Beneficial Legislation — The limitation period of 90 days prescribed under Clause 1.2(8) of the Family Planning Indemnity Scheme, 2013 for filing a compensation claim with the District Indemnity Sub Committee (DISC) following the occurrence of death, failure, or complication arising from sterilization, should be construed liber
India Law Library Docid # 2425453

(764) UNITED INDIA INSURANCE CO. LTD. Vs. SMT. MUNNI AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-04-2025
Motor Vehicles Act, 1988 — Sections 149(2)(a)(i)(a), 2(14), 2(44), 2(46) — Insurance Liability — Use of Tractor-Trolley — Agricultural Purpose vs. Commercial Purpose — Breach of Policy Conditions — The determination of whether a tractor-trolley was being used for agricultural purposes or commercial purposes, thereby constituting a breach of insurance policy, depends on the specific facts of each case — Merely carrying agricultural produce (vegetables) for sale by the owner/farmer does not automa
India Law Library Docid # 2425446

(765) P.C. SHAMRA (PRAKASH MANGILAL SHARMA) Vs. SHRI BHAGWANDAS SAHBNANI[MADHYA PRADESH HIGH COURT] 02-04-2025
Representation of the People Act, 1951 — Sections 80, 81, 83, 86, 100, 101 — Election Petition — Corrupt Practices — Lack of Material Particulars — Dismissal under Order VII, Rule 11 CPC — An election petition alleging corrupt practices (such as tampering with EVM machines) must contain full material particulars of such practices as required by Section 83 of the Representation of the People Act, 1951 — Where the petition makes only general allegations, for instance, that EVM batteries showed unu
India Law Library Docid # 2425450

(766) ASHOK KUMAR TRIPATHI Vs. STATE OF M.P AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-04-2025
Service Law — Disciplinary Proceedings — Judicial Review — Scope — Standard of Proof — Finding of Fact based on Evidence — The scope of judicial review in disciplinary matters is limited — Courts do not act as appellate authorities to reappreciate evidence or substitute their own findings for that of the disciplinary authority — Interference is permissible only if the findings are based on no evidence, are perverse, vitiated by procedural errors, violation of natural justice, or statutory rules
India Law Library Docid # 2425451

(767) R.N. SHRIVASTAVA Vs. PURAN SINGH AND OTHERS[MADHYA PRADESH HIGH COURT] 02-04-2025
Madhya Pradesh Land Revenue Code, 1959 — Section 165(6) — Transfer of Land by Bhumiswami belonging to Aboriginal Tribe to Non-Tribal — Permission of Collector — Effect of Non-Compliance — Any transfer of land held by a Bhumiswami belonging to an aboriginal tribe, specified as such, to a person not belonging to such tribe requires the prior permission of the Collector under Section 165(6) of the M.P. Land Revenue Code, 1959 (as applicable at the relevant time) — A transfer effected without such m
India Law Library Docid # 2425452

(768) J&K PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY Vs. DR. RAJEEV GUPTA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-04-2025
Central Administrative Tribunal, CAT, Jammu Bench — Judgment — Setting aside of selection and direction for consideration of alternate candidate — Non-challenge by affected party (selected candidate) and government — Effect on locus standi of Public Service Commission to challenge
India Law Library Docid # 2425802

(769) SH. RAMJI DASS AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 02-04-2025
Himachal Pradesh Land Revenue Act, 1954 — Sections 14, 17, 45 & 123 — Partition proceedings — Mode of Partition — Instrument of Partition — Estoppel — Challenge to “Instrument of Partition” without challenging “Mode of Partition” — Maintainability — Once the “Mode of Partition” (MOP) is prepared and attains finality by not being challenged in accordance with law, the subsequent “Instrument of Partition” prepared based on the final MOP cannot be
India Law Library Docid # 2425948

(770) RAMESHWAR DASS Vs. SUNDER DEV AND OTHERS[HIMACHAL PRADESH HIGH COURT] 02-04-2025
Civil Procedure Code, 1908 — Order 23, Rule 3 — Compromise of suit — Withdrawal of consent — Justification — Parties entering into a compromise deed with reciprocal conditions: plaintiffs giving up claim on suit land in favour of defendant, and defendant withdrawing complaint against plaintiff — Defendant failing to withdraw complaint — Plaintiff justified in withdrawing consent to compromise — Defendant cannot enforce compromise when failing his reciprocal
India Law Library Docid # 2425965

(771) M/S. GANPATI ENTERPRISES Vs. SRI HARDHAN CHANDRA SAHA AND OTHERS[GAUHATI HIGH COURT] 02-04-2025
Criminal Leave Petition — Section 378(3) and 378(4) of Cr.P.C. — Appeal against acquittal — Principles governing grant of leave — Requirement of High Court to apply mind, consider prima facie case and arguable points — Not to refuse leave based on whether order would be set aside.
India Law Library Docid # 2426237

(772) SRI MAHESWAR MALI Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 02-04-2025
Criminal Procedure Code, 1973 — Section 372 — Appeal against acquittal — Scope of interference — Power of appellate court to review but generally not to interfere with acquittal if based on legal evidence and a probable view — Paramount consideration is to avoid miscarriage of justice — Interference justified only when trial court’s view is palpably wrong, manifestly erroneous, or demonstrably unsustainable, or based on conjectures and hypothesis rather than legal evidence — Where trial
India Law Library Docid # 2426238

(773) MANEKBEN RAMA TANDEL Vs. THE COLLECTOR DAMAN AND OTHERS[BOMBAY HIGH COURT] 01-04-2025
Land Acquisition — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Procedural Compliance and Natural Justice — Land acquisition proceedings conducted under the Right to Fair Compensation Act, 2013, wherein the acquiring authority provided multiple opportunities for hearing objections, considered them (including issuing fresh reports pursuant to court directions), and followed the statutory steps like Social Impact Assessment, Rehabilit
India Law Library Docid # 2424275

(774) PRIYA CONSTRUCTION COMPANY Vs. THE STATE OF MAHARASHTRA THROUGH DEPARTMENT OF HOUSING AND OTHERS[BOMBAY HIGH COURT] 01-04-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 3(k) — State Government’s Power to Issue Directions — Scope — Policy Matters vs. Specific Projects — The power of the State Government under Section 3(k) of the Act to issue general or special directions to the Slum Rehabilitation Authority (SRA) is confined to matters of policy necessary for carrying out the Act’s purposes — This power does not extend to issuing binding directions concerning specific individua
India Law Library Docid # 2424366

(775) SRI. UMESH N. Vs. THE STATE OF KARNATAKA[KARNATAKA HIGH COURT (DHARWAD BENCH)] 01-04-2025
Evidence Act, 1872 — Section 32 — Dying Declaration — Reliability and Corroboration — Multiple Infirmities — A conviction cannot be based solely on dying declarations when they suffer from multiple infirmities and lack corroboration. Doubts regarding reliability arise from: (i) Contradictions regarding the victim’s ability to affix LTM (present on Ex.P28 recorded earlier, absent on Ex.P29 recorded later due to alleged burnt hands); (ii) Evidence suggesting the victim did not know the language (K
India Law Library Docid # 2424395

(776) MADIPAKKAM NORTH EAST RESIDENTS' WELFARE ASSOCIATION REP. BY ITS PRESIDENT MR. M. ANBALAGAN AND ANOTHER Vs. THE STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Act 24 of 1978) — Sections 11(3), 11(5), 11(6) — Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act 20 of 1999) — Section 4 — Lapse of Proceedings — Requirement of Actual Physical Possession — Burden of Proof — For proceedings initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, not to lapse under Section 4 of the Repeal Act, 1999, the State Government must establish that actual physical
India Law Library Docid # 2424483

(777) S. RAJAN Vs. R. SRINIVASAN AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) — Section 23(1) — Cancellation of Transfer/Settlement Deed — Condition for Maintenance — Implied Condition from Love and Affection — Purposive Interpretation — The condition under Section 23(1) of the Act, that the transferee shall provide basic amenities and physical needs to the senior citizen transferor, need not be expressly stated in the transfer document (like a Settlement Deed or Gift Deed) — Where a transfe
India Law Library Docid # 2424484

(778) K. GOPINATHAN Vs. THE DISTRICT COLLECTOR AND OTHERS[MADRAS HIGH COURT] 01-04-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) — Section 4 — Maintainability of Complaint — Senior Citizen having Own Income/Property — The requirement under Section 4(1) that a senior citizen must be “unable to maintain himself from his own earning or out of the property owned by him” to be entitled to make an application for maintenance under Section 5, does not bar a senior citizen, who may have sufficient income or property, from approaching the authorities
India Law Library Docid # 2424485

(779) BIGTEC PRIVATE LIMITED Vs. THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS[MADRAS HIGH COURT] 01-04-2025
Patents Act, 1970 — Sections 2(1)(ja), 3(c) — Inventive Step — Obviousness — Nucleotide Sequences (Probes/Primers) — Surprising Effects — Discovery vs. Invention — A claim for novel nucleotide sequences (probe and corresponding primers) for identifying Hepatitis B Virus (HBV) using RTD-PCR, even if derived from known HBV genome sequences, can involve an inventive step if they demonstrate surprising and unexpected technical effects over prior art sequences used for the same purpose — Where the ap
India Law Library Docid # 2424486

(780) MINI VINOD KUMAR Vs. K. VIJAYALAKSHMI AND OTHERS[KERALA HIGH COURT] 01-04-2025
Trusts Act, 1882 — Section 63 — Following Trust Property — Where trust property is disposed of and the proceeds can be traced, the beneficiary has rights nearly the same as in the original property.
India Law Library Docid # 2424593