(781) ARUNA TALEJA ALIAS ARUNA TANEJA AND OTHERS Vs. THE STATE OF JHARKHAND, AND OTHER[JHARKHAND HIGH COURT] 18-06-2025 Criminal Procedure Code, 1973 — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Penal Code, 1860 — Sections 419, 420, 467, 468 and 471 — Cognizance Order — Abuse of process of law — When allegations in the complaint, even if taken at face value, do not disclose the commission of any offence against the accused, the criminal proceedings are liable to be quashed to prevent abuse of the process of law India Law Library Docid # 2427140
(782) SRI P.JAYACHANDRA REDDY Vs. THE REPATRIATES CO.OP. FINANCE AND DEVELOPMENT BANK LTD.[MADRAS HIGH COURT] 18-06-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Multi-State Co-operative Societies Act, 2002 — Section 84 — Challenge to Arbitral Award — Unilateral Appointment of Arbitrator — Applicability of A&C Act vs. MSCS Act — An arbitral award passed under the provisions of the Multi-State Co-operative Societies Act, 2002 (MSCS Act) is challenged based on the unilateral appointment of the arbitrator India Law Library Docid # 2427871
(783) K.K.GANESH @ KALIYANNAN (DIED) THROUGH LRS Vs. K.S.SUBRAMANIYAN[MADRAS HIGH COURT] 18-06-2025 Negotiable Instruments Act, 1881 — Promissory Note — Suit for recovery of money — Burden of proof when execution denied — Once a promissory note’s execution and signature are denied by the defendant, the initial burden is on the plaintiff to prove genuineness — However, this proof does not always require an expert opinion; it can be established through other means, such as examining India Law Library Docid # 2427872
(784) JAGJEET WADHWA Vs. SMT. SUNITA AND OTHERS[MADHYA PRADESH HIGH COURT] 18-06-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Limitation — Cause of action — A suit appearing from the statement in the plaint to be barred by any law, including the law of limitation, can be summarily dismissed at the threshold without necessarily recording evidence — If it is apparent from the plaint averments that the suit is hopelessly barred by limitation, the Court should not India Law Library Docid # 2427966
(785) ABDUL JABBAR (DEAD) THROUGHL.RS. SMT. SURAIYA BEGUM Vs. BANIBAI (DEAD) THROUGHL.RS. SMT. SONIRAGHAVSAXENA[MADHYA PRADESH HIGH COURT] 18-06-2025 Civil Procedure Code, 1908 — Order 41, Rule 22 — Cross-Objection — Scope of — A respondent can challenge an adverse finding of the trial court without filing a formal cross-objection if such challenge does not seek to modify or vary the decree in their favor, but merely aims to support the decree as passed — If the decree needs modification or variation, a formal written cross-objection is necessary — The 1976 India Law Library Docid # 2427967
(786) JAGDISH (DEAD) THR. LRS MURARILAL AND OTHERS Vs. VAIKUNTHI (DEAD) THR. LRS SMT. KALAVATI AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 18-06-2025 Civil Procedure Code, 1908 — Order 41, Rule 27 — Production of additional evidence in Appellate Court — Scope and conditions — Additional evidence, such as a handwriting expert’s opinion, cannot be adduced as a matter of course or routine in appeal — Conditions for admitting additional evidence are stringent: (1) if the trial court refused admissible evidence, or (2) if the party, despite due diligence, could not India Law Library Docid # 2427968
(787) BAJRANG PRATAP SINGH @ AMIT BHADORIYA Vs. MUKESH KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 18-06-2025 Motor Vehicles Act, 1988 — Section 168 — Compensation — Permanent Disability — Loss of Earning Capacity — Medical Evidence — While a doctor can certify the extent of permanent disability, the assessment of loss of earning capacity (due to the permanent disability) falls to the Tribunal, considering the nature of profession/occupation, age, education, and other factors of the injured, not just the India Law Library Docid # 2427969
(788) PUSPA KANTA PEGU Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 18-06-2025 Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 4(2) — Appeal against conviction and sentence — Victim’s testimony — Crucial evidence — Consistency with other witnesses and medical report — Court will assess credibility and sensitivity towards victim’s plight in Indian society India Law Library Docid # 2428561
(789) T.E. THOMSON AND COMPANY LIMITED Vs. SWARNALATA CHOPRA NEE KAPUR AND ANOTHER[CALCUTTA HIGH COURT] 18-06-2025 Commercial Courts Act, 2015 — Section 2(1)(c)(vii) and Explanation — Lease agreement — Eviction suit — Commercial dispute — Disputes arising out of agreements relating to immovable property used exclusively in trade or commerce are commercial disputes — The explanation clause clarifies that a dispute doesn't cease to be commercial merely because it involves recovery of immovable property — India Law Library Docid # 2432131
(790) SAPNA SANGEETA VENTURES LLP AND OTHERS Vs. SHRI CHANDRA KUMAR AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-06-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Reference to Arbitration — Conditions precedent — When a valid arbitration agreement exists, reference to arbitration is mandatory unless the court finds, prima facie, that no valid agreement exists — The Commercial Court’s finding that an arbitration agreement exists and the original agreement has been filed necessitates referral to arbitration — The court India Law Library Docid # 2427961
(791) STATE OF MADYA PRADESH Vs. SMT. SHINGAR BAI AND OTHERS[MADHYA PRADESH HIGH COURT] 17-06-2025 Civil Procedure Code, 1908 — Section 96 — First Appeal — Scope of — Appeal against judgment and decree granting declaration and mandatory injunction — Trial Court’s findings upheld regarding limitation, res judicata, and plaintiffs’ bhumiswami rights over land initially marked as ‘Pathar’ but later shown as State land in revenue records — Appellate court reviews the correctness of trial court’s decision on these India Law Library Docid # 2427962
(792) SWAMI DATT PYASI AND OTHERS Vs. SMT.VIDYA BAI AND OTHERS[MADHYA PRADESH HIGH COURT] 17-06-2025 Civil Procedure Code, 1908 — Section 96 — First Appeal — Setting aside judgment and decree — Where the trial court’s finding regarding the execution and validity of a Will is found to be erroneous, perverse, and contrary to law, and the appellate court finds that the Will was duly executed and proved, the judgment and decree of the trial court dismissing the suit based on such erroneous finding are liable India Law Library Docid # 2427963
(793) CHETAN AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-06-2025 Writ Petition — Maintainability — Availability of Alternate Remedy — The High Court typically does not entertain a writ petition under Article 226 of the Constitution of India when an effective and efficacious alternate remedy is available, unless the case falls into specific exceptions: enforcement of fundamental rights, violation of natural justice principles, proceedings being wholly without jurisdiction, or challenge India Law Library Docid # 2427964
(794) R. THANGARATHINAM Vs. R.CHANDRASEKARAN AND OTHERS[MADRAS HIGH COURT] 16-06-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 4 — Pleading Misrepresentation — Burden of Proof — Civil Suits — Specific and clear pleadings are required when alleging misrepresentation regarding the contents and allotment of properties under a deed — The burden to prove such misrepresentation lies upon the party alleging it — In this case, the plaintiff, an educated individual involved in a India Law Library Docid # 2427902
(795) JAY BABA BAKRESWAR RICE MILL PRIVATE LIMITED Vs. LUNIA MARKETING PRIVATE LIMITED AND OTHERS[GAUHATI HIGH COURT] 16-06-2025 Intellectual Property Law — Copyright and Trademark Infringement — Temporary Injunction — An interlocutory injunction is a discretionary remedy, and an appellate court will not interfere unless the discretion is exercised arbitrarily, capriciously, or perversely, ignoring established legal principles. India Law Library Docid # 2428540
(796) GOPAL KRISHNA TEA COMPANY PRIVATE LIMITED Vs. SRI MONIBOR KURMI[GAUHATI HIGH COURT] 16-06-2025 Civil Procedure Code, 1908 — Order 7 Rule 3 — Description of property in plaint — Immovable property — Identification by boundaries or numbers — Suit for declaration of right, title and interest and recovery of possession of land — Plaintiff's failure to provide specific boundaries for the suit land and admit not knowing the boundaries of defendants' occupied land — Plaint found to be unexecutable due to vague description. India Law Library Docid # 2428541
(797) MOHIT SADANA Vs. VIJAY KUMAR GOYAL[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Commercial Courts Act, 2015 — Jurisdiction — Eviction Suit — An eviction suit for a shop, even if it is used for trade or business, does not automatically become a “commercial dispute” under the Commercial Courts Act, 2015, unless it meets the criteria of “specified value” and the immovable property is “exclusively used in trade India Law Library Docid # 2427945
(798) ADITYA SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 16-06-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Prevention of Corruption Act, 1988 — Sanction for prosecution — Validity of Sanction — Applicability of mind — Competent authority — When prosecution has already commenced and cognizance taken, challenge to the validity of a sanction order on grounds of non-application of mind or lack of competence of the sanctioning authority India Law Library Docid # 2427946
(799) THE STATE OF MADHYA PRADESH AND OTHERS Vs. ASHOK RAWAT AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025 Writ Petition — Natural Justice — Opportunity of Hearing — Adverse remarks and strictures passed by a writ court against individuals (police officers in this case) who were not made parties to the writ petition, were not given notice, nor an opportunity to be heard, are in violation of principles of natural justice and are liable to be set aside — Principles of natural justice require that no adverse order or finding India Law Library Docid # 2427947
(800) SHRI SABLA HASAN Vs. THE UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025 Ancient Monuments and Archaeological Sites and Remains Act, 1958 — Sections 4, 16, 18, 19, 30 — Ancient Monuments and Archaeological Sites and Remains Rules, 1959 — Rule 8 — Protection of National Monuments — Historical and Cultural Significance — The Tomb of Muhammad Ghaus, a centrally protected monument since 1962, also housing the tomb of Tansen, holds immense historical and India Law Library Docid # 2427959