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Latest Cases

(121) CHARANJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER[SUPREME COURT OF INDIA] 03-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Order of High Court quashed — Supreme Court allowed the appeal and set aside High Court's order, directing appellant to cooperate with investigation/trial and not seek unnecessary adjournment.
India Law Library Docid # 2435067

(122) LAXMI RANI DAS AND ANOTHER Vs. ANJALI DAS AND ANOTHER[CALCUTTA HIGH COURT] 03-11-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Amendment of written statement — Proviso clause — Amendment sought after commencement of trial — Applicability of proviso — Inordinate delay and absence of due diligence — Court's jurisdiction — Amendment in written statement can be allowed
India Law Library Docid # 2435145

(123) FRANCOM VENTURES (OPC) PVT. LTD. Vs. SHAMPA DAS AND OTHERS[CALCUTTA HIGH COURT] 03-11-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Plaintiff must demonstrate continuous readiness and willingness to perform essential terms of the contract from the date of the contract — Onus of proof lies on the plaintiff — Amendment to Section 16(c) omits necessity to aver in plaint but still requires proof of
India Law Library Docid # 2435146

(124) ANUJ SHARMA Vs. STATE OF RAJASTHAN THROUGH PP AND OTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-11-2025
Penal Code, 1860 (IPC) — Section 497 — Adultery — Constitutional Validity — Section 497 IPC declared unconstitutional by Supreme Court in Joseph Shine v. Union of India — Violates Articles 14, 15 and 21 of the Constitution — This declaration operates retrospectively, invalidating all pending prosecutions under this section.
India Law Library Docid # 2435175

(125) STATE OF PUNJAB Vs. AMARJIT KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Interference standard — Acquittal orders should not be interfered with lightly as presumption of innocence is strengthened by acquittal — Interference is warranted only in compelling circumstances where findings are perverse, unreasonable, or
India Law Library Docid # 2435207

(126) DALIP SINGH Vs. BALJIT AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Punjab Courts Act, 1918 — Section 41 — Regular Second Appeal — Scope — In Punjab and Haryana, second appeals are treated as appeals under Section 41 of the Punjab Courts Act, 1918, not under Section 100 of the Code of Civil Procedure — No substantial question of law arises for framing in such appeals based on established legal propositions.
India Law Library Docid # 2435264

(127) MANSA RAM AND OTHERS Vs. JASMER SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Pre-emption — Right of pre-emption — Nature of — A weak right, which can be overcome by legitimate means such as waiver or estoppel enacted by the preemptor.
India Law Library Docid # 2435265

(128) HARYANA STATE THROUGH COLLECTOR, HISAR AND ANOTHER Vs. RAJA RAM[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Punjab Courts Act, 1918 — Section 41 — Regular Second Appeal — Power to dispose of common judgments and decrees — Appeals arising from common judgments and identical questions of law and fact can be decided collectively by way of a single, composite judgment for judicial economy and consistency.
India Law Library Docid # 2435266

(129) USHA CHOPRA AND OTHERS Vs. LIC AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Insurance Act, 1938 — Section 45 — Policy not to be called in question after three years — Contract of life insurance is based on the principle of "utmost good faith" (uberrima fides) — Silence on a material fact that could affect the risk is considered a breach of this good faith — Insured is required to make truthful declarations regarding health in the proposal form, especially for non-medical policies where the
India Law Library Docid # 2435267

(130) BALDEV SINGH Vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Tribunal — Compensation — Liability of owner and insurer — Accident occurred at 2 PM, insurance policy commenced at 4:28 PM on the same day — Vehicle was not insured at the time of the accident — Tribunal rightly held the owner liable for compensation.
India Law Library Docid # 2435268

(131) STATE OF RAJASTHAN AND ORS Vs. NARESH CHANDRA PATEL[RAJASTHAN HIGH COURT] 01-11-2025
Teacher Grade III, Level-I recruitment — Candidate's claim for consideration based on graduation mark-sheet after initial application based on Senior Secondary qualification — Court held non-disclosure of graduation qualification at the time of application and subsequent belated claim to be invalid grounds for relief.
India Law Library Docid # 2435161

(132) SURENDRA SHARMA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing adverse remarks — High Court can exercise inherent powers to expunge adverse remarks against an individual, including a police officer, to prevent abuse of process or secure ends of justice, but this power is exceptional and to be exercised in exceptional cases.
India Law Library Docid # 2435173

(133) M/S DAULAT AND CO. AND OTHER Vs. THE UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025
Central Excise Act, 1944 — Sections 11A(1)(a), 11A(4) — Show cause notice — Limitation — Petitioners challenged show cause notice on grounds that it was beyond limitation and issued under the wrong Act — Petitioners claimed to be traders, not manufacturers, receiving goods from others and collecting GST — Authorities alleged petitioners misrepresented themselves as manufacturers and evaded GST —
India Law Library Docid # 2435174

(134) M/S. LANCOR HOLDINGS LIMITED Vs. PREM KUMAR MENON AND OTHERS[SUPREME COURT OF INDIA] 31-10-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside of arbitral award — Delay in pronouncement — While undue and unexplained delay in pronouncing an arbitral award is not a ground, in itself, to set it aside, it can lead to the award being vitiated if the delay adversely affects the final decision and reflects on the findings, making it conflict with public policy or be patently illegal.
India Law Library Docid # 2434705

(135) UMA KANT AND ANOTHER Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 31-10-2025
Right of Children to Free and Compulsory Education Act, 2009 — Section 23 — Minimum qualifications for teachers — Teacher Eligibility Test (TET) — Amendment extending deadline for unqualified teachers to acquire minimum qualifications — Termination of teachers appointed before amendment for not possessing TET at the time of appointment — Held: Termination erroneous as
India Law Library Docid # 2434707

(136) M.C. MEHTA Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 31-10-2025
Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such.
India Law Library Docid # 2434708

(137) KIMBERLEY CLUB PVT. LTD. Vs. KRISHI UTPADAN MANDI PARISHAD AND OTHERS[SUPREME COURT OF INDIA] 31-10-2025
Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.
India Law Library Docid # 2434709

(138) MANJULATA SAHU Vs. PRASANT KUMAR SAHU[SUPREME COURT OF INDIA] 31-10-2025
Hindu Marriage Act, 1955 — Section 9 and 13 — Transfer of proceedings — Two divorce proceedings were pending before different Family Courts, one filed by the wife under Section 9 and another filed by the husband under Section 13 — Wife sought transfer of husband's case to the court where her case was pending — Court allowed the transfer to ensure both cases are heard
India Law Library Docid # 2434886

(139) BINO JOSEPH Vs. NEENA CHERIAN AND OTHERS[SUPREME COURT OF INDIA] 31-10-2025
Constitution of India, 1950 — Article 142 — Powers of Supreme Court — Dissolution of marriage and quashing of cases — Parties reached a settlement, including mutual divorce and withdrawal of pending cases, and approached the Supreme Court for its decree under Article 142. The Court, finding the settlement to be voluntary and in the best interests of the parties and their children, allowed the prayers for divorce and quashing of cases, reiterating the importance of adherence to the settlement ter
India Law Library Docid # 2434904

(140) SONIYA DEVI Vs. PANKAJ KUMAR[SUPREME COURT OF INDIA] 31-10-2025
Civil Procedure Code, 1908 (CPC) — Order 46, Rule 1 and Order II, Rule 2 — Transfer of Proceedings — Grounds for transfer — Inconvenience to petitioner — Held, considerable inconvenience caused by distance (1500 kms) to litigant from her place of residence justifies transfer in the interest of justice.
India Law Library Docid # 2434905