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(861) TATA AIG GENERAL INSURANCE COMPANY LTD. THRU. ITS MANAGER GOMTI NAGAR, LUCKNOW Vs. AMAN KUMAR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 05-03-2025
Motor Vehicles Act, 1988 — Sections 169 and 173 — A claimant’s application for correction in the FIR does not preclude them from denying the same before the Claims Tribunal, and the Tribunal can follow a summary procedure for inquiry under Section 169 of the M.V. Act — This First Appeal from order challenges a judgment in a motor accident claim — One of the appellant’s contentions was that the claimant had applied for FIR correction but later denied it before the Tribunal — The court, referencin
India Law Library Docid # 2423698

(862) SANDEEP KUMAR Vs. SAVITA DEVI[PUNJAB AND HARYANA HIGH COURT] 05-03-2025
Haryana Urban (Control of Rent and Eviction) Act, 1973 — Section 2(c), Section 13 — Landlord-Tenant Relationship — Derivation of Title — Gift Deed — Locus Standi — Held, a person who acquires title to the tenanted premises through a registered gift deed executed by the previous landlord (who himself had inherited the property via Will from the original landlord) falls within the definition of ‘landlord’ under Section 2(c) of the Act, as a person ‘deriving title under a landlord’ — Such a transfe
India Law Library Docid # 2423900

(863) RAVI KUMAR Vs. MUKESH KUMARI[PUNJAB AND HARYANA HIGH COURT] 05-03-2025
Guardians and Wards Act, 1890 — Section 25 — Child Custody — Paramount Welfare of Child — Child’s Preference — Held, in deciding child custody petitions under Section 25, the paramount consideration is the welfare of the child, not the rights of the parents — Where a minor son, aged between 11-12 years, expressed his unwillingness to go with the appellant-father and stated he was happy living with the respondent-mother during interaction with the Family Court, disturbing the existing custody arr
India Law Library Docid # 2423901

(864) RAMANDEEP SINGH AND OTHERS Vs. M/S SHAM BANQUET HALL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-03-2025
Motor Vehicles Act, 1988 — Compensation — Personal Injury — Permanent Disability — Functional Disability vs. Physical Disability — Assessment of Loss of Earning Capacity — Where the Tribunal assessed compensation based on disability certificates indicating ‘temporary’ disability, but subsequent medical evidence adduced during the appeal established the disability as ‘permanent’ (100% in one case, 50% physical with severe speech and motor impairment in another), the High Court is obligated to rea
India Law Library Docid # 2423902

(865) ANKUSH Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-03-2025
Criminal Procedure Code, 1973 — Section 319 — Power to Proceed against other Persons appearing to be Guilty of Offence — Standard of Evidence Required — The power conferred under Section 319 Cr.P.C./358 BNSS to summon a person not originally arrayed as an accused is extraordinary, discretionary, and must be exercised sparingly — The standard of evidence required for such summoning is higher than a mere prima facie case needed for framing charges, but lower than the standard required for convicti
India Law Library Docid # 2423903

(866) N.T.P.C. RENEWABLE ENERGY Vs. BOARD OF REVENUE, AJMER AND OTHERS[RAJASTHAN HIGH COURT] 05-03-2025
Rajasthan Tenancy Act, 1955 — Section 230 — Revision — Maintainability — “Case Decided” — Ad-interim Ex-parte Order — A revision petition before the Board of Revenue under Section 230 of the Rajasthan Tenancy Act, 1955 is maintainable only against a “case decided” by a subordinate revenue court from which no appeal lies — An ad-interim ex-parte order, such as an interim injunction granted at the initial stage pending notice and hearing of the opposite party, does not constitute a “case decided”
India Law Library Docid # 2424181

(867) SMT. MAMTA DEVI AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 05-03-2025
Criminal Procedure — Quashing of FIR — Section 528 BNSS (Bharatiya Nagarik Suraksha Sanhita) — Pendency of Civil/Revenue Litigation — The mere pendency of revenue proceedings concerning partition of agricultural land, including an application by the petitioners to set aside an ex-parte final decree passed in favour of the complainant regarding the same land, does not constitute sufficient ground for quashing a criminal FIR alleging offences under IPC Sections 427, 447, 323, 341, 504 and Sections
India Law Library Docid # 2424254

(868) SMT. MAMTA DEVI AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 05-03-2025
Criminal Procedure — Quashing of FIR — Section 528 BNSS (Corresponding to Section 482 CrPC) — Scope of Interference — Prima Facie Case — The inherent power under Section 528 BNSS to quash an FIR should be exercised sparingly and in rare cases, following the principles laid down in State of Haryana v. Bhajan Lal [1992 Supp (1) SCC 335] — Quashing is not warranted if the allegations in the FIR, taken at face value, prima facie constitute cognizable offences — The Court, at this stage, does not emb
India Law Library Docid # 2424256

(869) ANIL CHHABILDAS CHAUDHARI Vs. SAU. MAMATA SUDHAKAR SANANSE[BOMBAY HIGH COURT (AURANGABAD BENCH)] 05-03-2025
Evidence Act, 1872 — Section 120 — Competency of Witness — Spouse as Power of Attorney Holder — A spouse is a competent witness for the other spouse in civil proceedings under Section 120 of the Evidence Act — When a spouse also holds a power of attorney for the party-spouse and possesses personal knowledge of the facts of the case, having been actively involved in the transaction from its inception, their deposition is admissible — Non-examination of the party-spouse (principal) does not automa
India Law Library Docid # 2424316

(870) DEVENDRA RAJIV PATIL Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 05-03-2025
Criminal Procedure Code, 1973 — Section 196(1A)(a) — Sanction for Prosecution — Offence under Section 505(2) IPC — Section 196(1A)(a) Cr.P.C. imposes a mandatory requirement of prior sanction from the Central Government, the State Government, or the District Magistrate for any Court to take cognizance of an offence punishable under Section 505(2) of the Penal Code — The absence of such valid sanction before the filing of the charge sheet constitutes a legal bar to the Court taking cognizance for
India Law Library Docid # 2424318

(871) YASHWANTILIKA NAROTTAMDAS DALAL AND OTHERS Vs. JAISUKH NAGARDAS BHUTA OF MUMBAI AND OTHERS[BOMBAY HIGH COURT] 05-03-2025
Indian Succession Act, 1925 — Section 63(c) —Evidence Act, 1872 — Section 68 — Proof of Will — Due Execution — Attesting Witness — The requirement for proving due execution of a Will under Section 63(c) of the Succession Act is satisfied under Section 68 of the Evidence Act by examining at least one attesting witness, if available and capable of giving evidence — Where an attesting witness (PW1) testifies credibly regarding the testator’s sound state of mind, the affixation of the testator’s mar
India Law Library Docid # 2424364

(872) M/S. THE NATIONAL INSURANCE COMPANY LTD. Vs. VEERALAKSHMI AND OTHERS[MADRAS HIGH COURT] 05-03-2025
Motor Vehicles Act, 1988 — Section 163A — Claim Petition — Maintainability — Borrower of Vehicle — Self-Negligence — Third Party Requirement — A claim petition filed under Section 163A of the Motor Vehicles Act, 1988, by the legal heirs of a deceased person is not maintainable if the deceased, at the time of the accident, was borrowing and riding the vehicle involved and the accident occurred solely due to the deceased’s own negligence without the involvement of any other vehicle or third party
India Law Library Docid # 2424474

(873) RAJAMANI AND OTHERS Vs. VANITHA AND OTHERS[MADRAS HIGH COURT] 05-03-2025
Motor Vehicles Act, 1988 — Compensation — Fatal Accident — Causation — Pre-existing Illness — Burden of Proof — Where a person injured in a road accident dies nearly one year later, and medical records (discharge summaries) indicate the person had significant pre-existing chronic ailments (Chronic Interstitial Nephritis, Hypertension) even at the time of the accident, and subsequent hospitalizations before death were primarily for treating those ailments (renal dysfunction requiring hemodialysis
India Law Library Docid # 2424475

(874) VIJAYA VAISHNAVI SRIRAM Vs. UNION OF INDIA AND OTHERS[MADRAS HIGH COURT] 05-03-2025
Family Courts Act, 1984 — Section 13 — Constitution of India, Articles 19(1)(g), 21, 39A — Right to be Represented by Legal Practitioner — Validity of Section 13 — Section 13 of the Family Courts Act, 1984, which states that no party shall be entitled, as of right, to be represented by a legal practitioner, but allows the Court, in the interest of justice, to seek assistance of a legal expert as amicus curiae, is constitutionally valid — It does not violate the fundamental right to practice any
India Law Library Docid # 2424476

(875) SMT. RASHMINDAR KAUR BHATIA Vs. NAGRIK SAHKARI BANK LIMITED AND ANOTHER[CHHATTISGARH HIGH COURT] 05-03-2025
Negotiable Instruments Act, 1881 — Section 148 — Power to Direct Deposit Pending Appeal — Discretionary, Not Mandatory — Section 148 of the NI Act empowers the Appellate Court dealing with an appeal against conviction under Section 138 to direct the appellant (drawer) to deposit a minimum of 20% of the fine or compensation awarded by the trial court — The use of the word “may” indicates that this power is discretionary, not mandatory — The appellate court must apply its mind and consider if the
India Law Library Docid # 2424710

(876) VADDE ADVAIAH Vs. VADDE ANJAIAH[TELANGANA HIGH COURT] 05-03-2025
Registration Act, 1908 — Section 49 — Evidence Act, 1872 — Section 91 — Unregistered Sale Deed — Admissibility and Evidentiary Value — An unregistered sale deed requiring compulsory registration is inadmissible in evidence to prove title or as evidence of the transaction itself — Reliance placed by the lower appellate court on such a document to determine title constitutes a perverse finding.
India Law Library Docid # 2424743

(877) CHIRASMITA PANI Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 05-03-2025
Registration Act, 1908 — Sections 32 & 34 — Presentation and Enquiry — For a document to be registered, it must be presented by a person authorized under Section 32, and the registering officer is mandated by Section 34 to conduct an enquiry, including verifying the identity and admission of execution by the appearing parties or their authorized representatives. (Para 7)

Registration Act, 1908 — Refusal to Register — Procedural Mandates — Registering authorities are obligated to process docume
India Law Library Docid # 2424763

(878) SUKHDEV RAJ Vs. HANS RAJ AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-03-2025
Partition Suit — Plaintiff's Admission — A plaintiff's suit for partition is liable to be dismissed when the plaintiff, in cross-examination, makes a categorical admission that the property for which partition is sought belongs to a third party (neighbour), thereby contradicting the fundamental basis of the claim for partition based on alleged joint ownership
India Law Library Docid # 2424850

(879) IFFCO-TOKIO GEN. INS. CO. LTD. Vs. RAVAL BABULAL KHODIDAS (FATHER OF DECEASED) AND OTHERS[GUJARAT HIGH COURT] 04-03-2025
Motor Vehicles Act, 1988 — Sections 147, 166 and 173 — A motor insurance policy covering “PA Owner : Driver” without additional premium for a non-owner driver does not cover the death of a non-owner driver.
India Law Library Docid # 2423272

(880) UMARBHAI SHARFUDDIN KANSARA Vs. DECD AMINA W/O IBRAHIM SHAHMOHAMMAD NOOR DIED AND OTHERS[GUJARAT HIGH COURT] 04-03-2025
Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 — Sections 13(1)(L) and 29(2)) — A landlord is entitled to eviction under Section 13(1)(L), if the tenant acquired suitable alternative accommodation after the Act's commencement, irrespective of the tenant's later actions with that property.
India Law Library Docid # 2423299