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(781) BOMBAY SLUM REDEVELOPMENT CORPORATION PVT. LTD. AND OTHERS Vs. SLUM REHABILITATION AUTHORITY AND OTHERS[BOMBAY HIGH COURT] 07-03-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 13(2) — Challenge to Developer Termination — Effect of Court-Directed Meeting — A challenge to an order terminating a developer’s appointment under Section 13(2) of the Act, even on grounds of procedural irregularity (like lack of show cause notice) or lack of jurisdiction, will not be entertained on merits following the confirmed outcome of a court-directed meeting specifically convened to determine the societ
India Law Library Docid # 2424361

(782) BOMBAY SLUM REDEVELOPMENT CORPORATION PVT. LTD. Vs. MUMBAI HOUSING & AREA DEVELOPMENT BOARD AND ANOTHER[BOMBAY HIGH COURT] 07-03-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Disputed Questions of Fact — Slum Rehabilitation Scheme Area — The High Court, exercising its writ jurisdiction under Article 226, will generally refrain from entertaining and adjudicating upon disputed questions of fact — A dispute regarding the actual area covered by slums within a Slum Rehabilitation Scheme (SRS) — whether it corresponds to the initially approved area or a subsequently revised smaller area determined by the land-
India Law Library Docid # 2424362

(783) SRI G PRABHUDEV AND ANOTHER Vs. SMT RANGANAYAKI AND OTHERS[KARNATAKA HIGH COURT] 07-03-2025
Guardians and Wards Act, 1890 — Section 25 — Petition for Custody by Parents — Maintainability — Effect of Prior Compromise Decree — A petition filed by parents under Section 25 of the G&W Act seeking custody of their minor child from other relatives (paternal grandmother and aunts) is maintainable, notwithstanding a prior compromise decree entered into between the parties in an earlier G&WC proceeding regarding the child’s custody and other matters — Orders relating to child custody, even if ba
India Law Library Docid # 2424386

(784) MR. DEVENDRA BHATIA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 — Section 36 — Powers of Superior Police Officers — Transfer of Investigation within same Division/Jurisdiction — Section 36 Cr.P.C. empowers police officers superior in rank to an officer-in-charge of a police station to exercise the same powers throughout the local area to which they are appointed — This includes the power to transfer an investigation from one police station to another within the same local area or police division if circumstances necessitate, suc
India Law Library Docid # 2424389

(785) SRI. MUNIRATHNA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Delay in Lodging Complaint — Continuous Offence — A delay in registering an FIR based on the initial date of occurrence mentioned in the complaint is not a ground for quashing proceedings under Section 482 Cr.P.C. when the allegations, read as a whole, indicate a series of acts constituting a continuous offence extending over a period, including acts proximate to the date of the complaint — Where the complaint narrates events spanni
India Law Library Docid # 2424378

(786) DAYANIDHI MARAN Vs. MR.M.L.RAVI AND OTHERS[MADRAS HIGH COURT] 07-03-2025
Representation of the People Act, 1951 — Sections 83, 100, 123 — Civil Procedure Code, 1908 — Order VI Rule 16 — Pleading Requirements in Election Petitions — Corrupt Practices — Striking Off Pleadings — Cause of Action — Pleadings in an election petition alleging corrupt practices must be precise, clear, and contain all material facts necessary to establish a cause of action under the Representation of the People Act, 1951 — Vague, general, frivolous, or vexatious allegations lacking
India Law Library Docid # 2424471

(787) V.SUBRAMANIAN Vs. UNION OF INDIA AND OTHERS[KERALA HIGH COURT] 07-03-2025
Prevention of Corruption Act, 1988 — Sections 3, 4, 17 — CBI Investigation Jurisdiction — Non-PC Act Offences — The CBI, upon registering an FIR alleging PC Act offences, acquires jurisdiction under Section 17 PC Act to investigate connected non-PC Act offences and private individuals — This jurisdiction continues, allowing completion of investigation and filing of a Final Report under S.173 Cr.P.C for non-PC
India Law Library Docid # 2424558

(788) ORIENTAL INSURANCE COMPANY LIMITED Vs. KHIKRAM SAHU AND OTHERS[CHHATTISGARH HIGH COURT] 07-03-2025
Motor Vehicles Act, 1988 — Negligence — Collision with Stationary Vehicle Parked Negligently — Where a vehicle (bus) is parked negligently in the middle of the road at night without any indicators or safety signals, and a motorcyclist collides with its rear due to being blinded by the lights of an oncoming vehicle, the driver of the parked bus can be held liable for contributory negligence, if not sole negligence — Filing of a police charge sheet against the driver of the parked vehicle for caus
India Law Library Docid # 2424689

(789) MOHAMMED SHAMSUDDIN KHAN Vs. MR. B. SUBBA RAO[TELANGANA HIGH COURT] 07-03-2025
Registration Act, 1908 — S. 17 & S. 49 — Unregistered Sale Deed — Admissibility and Effect on Title — Final Decree — An unregistered sale deed for immovable property, where registration is mandatory under S.17, cannot create, declare, assign, limit or extinguish any right, title or interest in the property, is inadmissible as evidence of the transaction affecting such property and cannot form a valid basis for passing a final decree for partition or allotment.
India Law Library Docid # 2424751

(790) NAWAB MOHD. SHAMSUDDIN KHAN Vs. M/S. ANISH CONSTRUCTION CO.[TELANGANA HIGH COURT] 07-03-2025
Civil Procedure Code, 1908 — Order 41 — Letters Patent (Madras), Cl. 15 — Appeal against Final Decree — Supervening Event — Closure of Main Suit — Effect of — Appeal filed against a final decree order passed by a Single Judge in a long-pending partition suit, alleging fraud and misrepresentation — During the pendency of the appeal, the main suit itself was closed by a Division Bench order with a specific finding that no lands were available for partition concerning the relevant property item wh
India Law Library Docid # 2424753

(791) INDUS PALM HOTELS AND RESORTS LTD. Vs. MR. ABDUL MUNSHAD BAIG[TELANGANA HIGH COURT] 07-03-2025
Civil Procedure Code, 1908 — Order 6 Rule 17, Proviso — Amendment of Pleadings after Trial Commencement — Due Diligence — The proviso to Order VI Rule 17 mandates that no amendment shall be allowed after the trial has commenced, unless the Court concludes that despite due diligence, the party could not have raised the matter before trial commencement — Lack of due diligence is a significant factor, though not always fatal.
India Law Library Docid # 2424787

(792) REV. DEPT., REP. BY PLR. SEC. AND ANOTHER Vs. MOHD. RAHEEMUDDIN AND ANOTHER[TELANGANA HIGH COURT] 07-03-2025
Service Law — Disciplinary Proceedings — Judicial Review — Scope of Administrative Tribunal — The jurisdiction of an Administrative Tribunal while reviewing disciplinary proceedings and punishment is akin to the power of judicial review under Article 226 — The Tribunal cannot act as an appellate authority, re-appreciate evidence, or substitute its own findings for those of the Enquiry Officer or Disciplinary Authority, unless the findings are arbitrary, perverse, based on no evidence, or violate
India Law Library Docid # 2424830

(793) ABDUL RASHID Vs. BIDHAN DE SARKAR AND ANOTHER[CALCUTTA HIGH COURT] 07-03-2025
Commercial Courts Act, 2015 — Section 2(1)(c)(xi) — Commercial Dispute — Joint Venture Agreement — Development Agreement — Jurisdiction — Suit filed seeking specific performance of Development Agreements, treating them as joint venture agreements and invoking the jurisdiction of the Commercial Division — Defendants challenged jurisdiction, contending the agreements were not joint venture agreements and the dispute did not qualify as a “commercial dispute” under Section
India Law Library Docid # 2425154

(794) SHIB SHANKAR SAHA AND ANOTHER Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 07-03-2025
Penal Code, 1860 — S. 415 & S. 420 — Cheating — Essential Ingredient — Dishonest Inducement at Inception — Non-Payment of Loan vs. Cheating — To constitute an offence of cheating under Sections 415/420 IPC in the context of obtaining a loan/cash credit facility, the prosecution must demonstrate, prima facie, a fraudulent or dishonest intention on the part of the accused at the time of making the promise or obtaining the facility — Mere subsequent non-payment of the outstanding loan amount, which
India Law Library Docid # 2425172

(795) BISWARANJAN DAS @ SANTU DAS AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 — S. 157 — Delay in Forwarding FIR to Magistrate — Effect on Prosecution Case — An unexplained and inordinate delay (here, 5 days) in forwarding the First Information Report (FIR) to the jurisdictional Magistrate, contrary to the statutory mandate of sending it ‘forthwith’, casts serious doubt on the authenticity and timing of the FIR, raising suspicion of deliberation, embellishment, and ante-timing, especially when coupled with other prosecution infirmities — Such
India Law Library Docid # 2425173

(796) SHUHAIB Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 06-03-2025
Bharatiya Nyaya Sanhita (BNS), 2023 — Sections 316(2), 316(3), 316(5), 318(2), 318(4), 61(2)(a), and 3(5) — Bail Application — Dismissal of — Question Paper Leakage Case — The High Court dismissed a bail application in a case involving the alleged leakage of question papers, finding a prima facie case for custodial interrogation
India Law Library Docid # 2423174

(797) RAMANBHAI KARSHANBHAI PATEL Vs. VADILAL JIVRAJBHAI PATEL(SINCE DECD. THROUGH LEGAL HEIRS) AND OTHERS[GUJARAT HIGH COURT] 06-03-2025
Transfer of Property Act, 1882 — A person who never acquired ownership of property and whose agreement to sell remained incomplete is not a necessary party in a suit for possession against a permissive user they allegedly put in possession.
India Law Library Docid # 2423298

(798) SHYAMRAJ DEVNATH MAURYA AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 06-03-2025
Penal Code, 1860 — Sections 107 and Section 306 — Abetment of suicide — Abetment of suicide under Section 306 IPC requires proof of instigation or intentional aiding as per Section 107 IPC, with the intention to cause suicide, and mere harassment is insufficient
India Law Library Docid # 2423300

(799) MAUSAMI DILIPKUMAR BHATT Vs. MAUNANG LALITKUMAR GOR[GUJARAT HIGH COURT] 06-03-2025
Hindu Marriage Act, 1955 — Sections 13(b) and 26 — Guardians and Wards Act, 1890 — Section 25 — Modification of a child custody order within a Hindu Marriage Act divorce decree must be sought under Section 26 of that Act, not independently under Section 25 of the Guardians and Wards Act.
India Law Library Docid # 2423301

(800) UNITED INDIA INSURANCE COMPANY LIMITED Vs. PAGADALA NAGENDER BABU AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-03-2025
Motor Vehicles Act, 1988 — principle of "pay and recover" — The High Court dismissed the insurer's appeals against the Motor Accident Claims Tribunal's award, applying the principle of "pay and recover" established by the Supreme Court — Despite the insurer's contention that the driver lacked a valid license and that the victims were unauthorized passengers, the court held that the insurer is liable to pay the compensation to the claimants first, as the insurance policy was in force, and then ca
India Law Library Docid # 2423399