(761) TALARI SATYANARAYANA Vs. TALARI VANA KAMESWARAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Transfer of Property Act, 1882 — Sections 122, 123 & Gift vs. Will — Interpretation of Document — A registered document, described as a “settlement deed,” which confers property out of love and affection, reserves a life interest for the donor (including enjoyment of income and liability for taxes) while restricting her right to alienate, and grants a vested remainder right to the donee (plaintiff/son) with possession postponed until the donor’s death, constitutes a valid gift settlement deed (i India Law Library Docid # 2424825
(762) APSRTC, AMARAVATHI Vs. N.SOUNDARYA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In motor accident claims adjudicated under Section 166, the determination of negligence is based on the principle of preponderance of probabilities — Direct testimony of an eyewitness (PW.2) regarding the rash and negligent driving of the offending vehicle holds greater evidentiary value than police investigation documents such as the FIR (Ex.A1), altered FIR (Ex.A2), or charg India Law Library Docid # 2424829
(763) ASHOK KUMAR SINGH Vs. THE STATE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Penal Code, 1860 — S. 497 — Offence of Adultery — Constitutionality — Joseph Shine v. Union of India (AIR 2018 SC 4898) — Discussion on the nature and historical context of Section 497 IPC. Analysis of the provision as reflecting archaic, patriarchal notions treating the wife as the husband’s chattel or property — Examination of its discriminatory aspects, where only the “outsider” male is punished, the wife is exempt from punishment even as an abettor, and the offence is contingent on the absen India Law Library Docid # 2424867
(764) ABC INFOSYSTEMS PRIVATE LIMITED AND ANOTHER Vs. ABS INDIA PRIVATE LIMITED[DELHI HIGH COURT] 17-04-2025 Commercial Courts Act, 2015 — S. 12A — Pre-Institution Mediation — Exception — Urgent Interim Relief (CPC, Order 38 R. 5) — Examination of the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act — Consideration of the exception where the suit contemplates urgent interim relief — Where a plaintiff seeks urgent relief, such as attachment before judgment under Order XXXVIII Rule 5 CPC, citing specific circumstances like the withdrawal of a bank guarante India Law Library Docid # 2424868
(765) APSRTC, VIZIANAGARAM DIST AND ANOTHER Vs. YENNI GOWRI AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Standard of Proof & Appreciation of Evidence — In motor accident claims, the standard of proof required to establish negligence is preponderance of probabilities, not proof beyond reasonable doubt Credible eyewitness testimony regarding the rash and negligent driving of the offending vehicle, corroborated by police documents, should be preferred over the driver’s denial, especially when the driver admits to being convicted in the related crim India Law Library Docid # 2424885
(766) BALINA SRIMANNARAYANA Vs. M/S. SRR HOSPITALITIES PRIVATE LIMITED AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Maintainability against Rejection of Review Application at Numbering Stage — Examination of whether a Civil Revision Petition is maintainable against an order of the trial court rejecting an application for review (under Order 47 Rule 1) prior to its numbering, particularly considering the doctrine of merger and distinguishing cases where review is dismissed on merits versus dismissed in limine without numbering. India Law Library Docid # 2424897
(767) RMS CONSULTANTS PVT. LTD. AND OTHERS Vs. TRIDIVA ERGONOMIC INTERIORS (P.) LTD.[DELHI HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — S. 20(c) — Commercial Courts Act, 2015 — S. 13 — Territorial Jurisdiction — Cause of Action — Part thereof — Suit for Recovery — Determination of territorial jurisdiction in a commercial suit for recovery of money for interior designing, supply, and installation services — Discussion on where the cause of action arises, wholly or in part, under S. 20(c) CPC. Consideration of various elements including: place where the defendant approached the plaintiff, location of m India Law Library Docid # 2424865
(768) DR JWALA PRASAD Vs. UNION OF INDIA MINISTRY OF CULTURE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Service Law — Deputation — Appointment on Deputation vs. Transfer on Deputation — Premature Repatriation — Arbitrariness — Discussion on the distinction between ‘appointment on deputation’ and ‘transfer on deputation’ — Consideration of the legal principle that while premature repatriation of an employee on ‘appointment on deputation’ for a fixed initial term (extendable at discretion) is permissible, it cannot be effected in an arbitrary or capricious manner and requires sufficient cause, parti India Law Library Docid # 2424866
(769) M/S S.P.M.L. INFRA LIMITED Vs. M/S S.N.C.C. CONSTRUCTION AND OTHERS[RAJASTHAN HIGH COURT] 17-04-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Power to refer parties to arbitration — Mandatory Nature — Pre-institution Mediation under Section 12-A, Commercial Courts Act, 2015 — Effect of Non-participation — Section 8 of the Arbitration and Conciliation Act, 1996, is peremptory in nature — Where a valid arbitration agreement exists covering the subject matter of the suit, the judicial authority is obligated to refer the parties to arbitration if an application under Section 8 is made n India Law Library Docid # 2425102
(770) SMT. SARBA MAURYA AND OTHERS Vs. ORIENTAL INSURANCE COMP. LTD. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-04-2025 Motor Accident Claims — Conventional Heads — Compensation under conventional heads (loss of estate, consortium, funeral expenses) should follow amounts specified in National Insurance Co. Ltd. vs Pranay Sethi, with periodic enhancement India Law Library Docid # 2425308
(771) MOHAN SHARMA Vs. COURT OF ADDITIONAL DISTT. JUDGE/SPECIAL JUDGE (S.C./S.T.) ACT BAHRAICH AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-04-2025 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Partition & Tenancy — Upon partition (including oral family settlement) among co-owner landlords, the tenancy splits by operation of law; a tenant continues as tenant only for the portion allotted to one landlord, even if they subsequently purchase the other portion from the other erstwhile co-owner India Law Library Docid # 2425309
(772) RAMA KANT Vs. DEPUTY DIRECTOR OF CONSOLIDATION, LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-04-2025 U.P. Zamindari Abolition and Land Reforms Act, 1950 — Section 132 — Bhumidhari Rights — No Bhumidhari rights can accrue in land specified under Section 132, including ‘Usar’ land India Law Library Docid # 2425310
(773) MAHENDRA PRASAD Vs. SMT. PARMESHWARI DEVI[RAJASTHAN HIGH COURT] 17-04-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty: Cruelty encompasses both physical and mental aspects — Mental cruelty includes sustained conduct causing deep anguish, disappointment, or making cohabitation impossible; mere trivial irritations or normal wear and tear of married life do not suffice — Husband’s establishing illicit relationship with another woman, abandoning wife and children, and failing to provide India Law Library Docid # 2425415
(774) M/S. S.P.M.L. INFRA LIMITED Vs. M/S. S.N.C.C. CONSTRUCTION AND OTHERS[RAJASTHAN HIGH COURT] 17-04-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Mandatory Reference: Section 8 mandates a judicial authority to refer parties to arbitration if an action is brought before it concerning a matter subject to a valid arbitration agreement, provided a party applies not later than submitting their first statement on the substance of the dispute — The court’s role is primarily limited to determining the prima facie existence of a valid arbitration agreement. India Law Library Docid # 2425416
(775) PRAKASH BRAJVASI Vs. GHANSHYAM SHARMA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(a) — Cause of Action — Suit Challenging Trust Deed/Will — Pendency of Suit for Declaration of Status (Adoption) — An application under Order 7 Rule 11 CPC seeking rejection of a plaint challenging a registered Trust Deed and Will, on the ground that the plaintiff lacks cause of action as his status as an adopted son (which forms the basis of his claim) is yet to be decided in a separate pending suit, is liable to be dismissed — A fresh cause of action India Law Library Docid # 2425435
(776) IN RE: “IN THE MATTER OF “BEAT THE HEATWAVE AND CLIMATIC CHANGE TO SAVE THE LIFE OF PUBLIC AT LARGE.”[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Constitution of India — Article 21 — Right to Life — Climate Change and Heatwaves — Duty of Welfare State — Public Interest Litigation — Suo Moto Cognizance — Extreme weather conditions like heatwaves, exacerbated by climate change, pose a life-threatening risk, particularly to vulnerable populations — The State, as a welfare entity, has a fundamental duty under Article 21 to protect the life and health of its citizens, including taking effective measures to mitigate the adverse effects of heatw India Law Library Docid # 2425470
(777) M/S SAMAY IRRIGATION PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Income Tax Act, 1961 — Sections 147, 148 — Reopening of Assessment — Order disposing objections — Scope of Judicial Review under Article 226 — Prima Facie Case — In a writ petition challenging an order dismissing objections to a notice issued under Section 148, the scope of judicial review is limited — The court is only required to ascertain whether there was prima facie tangible material available with the Assessing Officer (AO) to form a reason to believe that income chargeable to tax has esca India Law Library Docid # 2425471
(778) STATE OF RAJASTHAN AND ANOTHER Vs. MAHARAJA SAWAI MANSINGH SECOND MUSEUM TRUST, CITY PALACE, JAIPUR (RAJASTHAN) AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-04-2025 Constitution of India — Article 363 — Bar to interference by courts in disputes arising out of pre-Constitution Covenants — Jurisdiction of Civil Courts — Scope — Article 363 creates an absolute bar on the jurisdiction of any court (subject to Article 143) in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad, or similar instrument executed before the commencement of the Constitution by a Ruler of an Indian State, to which the Government was a party — Th India Law Library Docid # 2425472
(779) NEHA LAKHERA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 17-04-2025 Penal Code, 1860 — Section 498-A — “Relative” — Girlfriend/Concubine/Second Wife during subsisting first marriage does not fall within definition — A girlfriend, concubine, or a woman who purports to marry a man during the subsistence of his valid first marriage, cannot be considered a “relative” of the husband for the purposes of Section 498-A of the IPC — The term “relative” implies a status conferred by blood, marriage, or adoption — A marriage to a second woman during the lifetime India Law Library Docid # 2425524
(780) HEMANT PARASHAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 17-04-2025 Service Law — Contractual Appointment — Recruitment under New Rules — Age Relaxation — Where contractual appointments made prior to the enactment of new statutory rules (Madhya Pradesh Contractual Appointment to Civil Post Rules, 2017) are terminated and recruitment is directed to be made under the new Rules, a prayer for continuation/reinstatement under the old regime is not acceptable — However, if the new Rules (Rule 7(1) proviso) provide for age relaxation as per orders/instructions of the G India Law Library Docid # 2425525