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(461) SCHENKER INDIA PVT. LTD. Vs. SKAPS INDUSTRIES PVT. LTD.[BOMBAY HIGH COURT] 01-08-2025
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 2(2) — Security for performance — Sub-rule (2) is not a standalone provision and the power to direct security is in aid of granting an injunction under sub-rule (1) — Where no injunction is granted under sub-rule (1), there is no question of imposing a condition of security under sub-rule (2) — Plaintiff’s application for temporary injunction for securing amounts due under the Transportation Services Agreement was dismissed as the tenure of the ag
India Law Library Docid # 2428316

(462) SBI GENERAL INSURANCE CO. LIMITED Vs. RENU AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-08-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation for motor accident death — Appeal by Insurance Company — Contents of FIR vs. evidence before Tribunal — When evidence recorded before the Tribunal contradicts FIR, evidence before Tribunal holds greater weight — High Court rightly gave weightage to evidence before the Tribunal.
India Law Library Docid # 2428317

(463) CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. Vs. POOJA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-08-2025
Motor Vehicles Act, 1988 — Section 166 — Motor accident claims — Negligence — Evidence — FIR and charge-sheet as evidence — Weightage of evidence before Tribunal over FIR — Cases decided on preponderance of probabilities — Tribunal’s findings based on evidence recorded before it should be given due weightage, even if there are minor contradictions in witness statements during cross-examination —
India Law Library Docid # 2428318

(464) AAKASH CHAND AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 01-08-2025
Penal Code, 1860 (IPC) — Sections 304B, 498A — Dowry death, Cruelty by husband or relatives of husband — Dowry Prohibition Act, 1961 — Sections 3, 4 — Proceedings under Section 482 Cr.P.C. to quash charge sheet and summoning order — Ingredients of Section 304B IPC, namely, death caused by burns or bodily injury or occurred otherwise than under normal circumstances, and that the woman was subjected to cruelty or
India Law Library Docid # 2432446

(465) NAIM AHMAD AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 01-08-2025
Uttarakhand Panchayati Raj Act, 2016 — Section 106 — Power of Zila Panchayat to frame Bye-Laws — Zila Panchayat empowered to frame Bye-Laws relating to markets, slaughter-houses, etc. — Clause (a) of Head "D" in Section 106(2) prohibits use of any place as a market without a license from Zila Panchayat — Clause (e) empowers Zila Panchayat to prescribe conditions for granting, refusing, suspending or withdrawing
India Law Library Docid # 2432447

(466) CHAMAN Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 01-08-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 50 — Non-compliance — Applicability — Section 50 applies only to personal search of accused, not to contraband recovered from a bag or container carried by accused — Recovery of charas from a polythene handed over by accused does not attract Section 50
India Law Library Docid # 2432448

(467) MANOHAR SINGH Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 31-07-2025
Administrative Law — Principles of Natural Justice — Audi Alteram Partem — Requirement to follow established procedure — Rejection of candidature based on new grounds raised in affidavit, not originally cited, is illegal and contravenes principles of natural justice
India Law Library Docid # 2428208

(468) MINOR SUSHRI DEVANGIBAKERIA THROUGH FATHER SHRI MANOJ BAKERIA Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 31-07-2025
Right of Children to Free and Compulsory Education Act, 2009 and Right of Children to Free and Compulsory Education Rules, 2010 — Section 12(1)(c) and Rule 11(3) — Admission to Class 1 under — Eligibility criteria — Neighbourhood limits — Kendriya Vidyalaya Sangathan (KVS) determined neighbourhood limits as 5 km radius in metropolitan
India Law Library Docid # 2428209

(469) MANOHAR SINGH MARAN Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 31-07-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Petitioner seeking cancellation of selection process for hospital management cadre posts — Allegation that ineligible candidates were called for interview, thus defeating petitioner's chance — Petitioner ranked much lower in merit list than the cut-off for interview — No evidence provided to substantiate claim that
India Law Library Docid # 2428210

(470) SUMANBAI AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 31-07-2025
Land Acquisition Act, 1894 — Section 28-A — Applicability — Landowner's application under Section 18 for enhanced compensation dismissed on grounds of delay — Whether such dismissal prevents filing application under Section 28-A — Held yes, dismissal on delay means application was not 'effectively entertained', thus Section 28-A is maintainable if other conditions are
India Law Library Docid # 2428211

(471) SEHER GOGIA Vs. THE FOREIGNERS REGIONAL REGISTRATION OFFICER AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 31-07-2025
Citizenship Act, 1955 — Section 4 — Rights of child born abroad to Indian citizens — Best interests of the child — UNCRC — Indian parents are citizens, child born abroad acquires foreign citizenship — Plea for visa extension and OCI card for minor child when parents are separated and mother withheld NOC — Court considers best interests of the child principle and constitutional rights — Visa extended without
India Law Library Docid # 2428575

(472) BRIGHTLAND CO-OPERATIVE HOUSING SOCIETY LTD. Vs. DIVISIONAL JOINT REGISTRAR, CO-OP. SOCIETIES, MUMBAI DIVISION AND OTHERS[BOMBAY HIGH COURT] 31-07-2025
Maharashtra Co-operative Societies Act, 1960 — Section 22(2) — Membership in Co-operative Society — Deemed Membership — Refusal of membership must be communicated with reasons within three months of application — Failure to do so results in deemed membership
India Law Library Docid # 2428286

(473) SHRI. LAXMAN KISAN CHAVAN Vs. SHRI. NANDKUMAR KISANRAO CHVAN AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 31-07-2025
Civil Procedure Code, 1908 (CPC) — Order 18, Rule 2(2) and 2(3) — Stage of Arguments — Right to begin and reply — While generally the party beginning evidence is expected to argue first and the other party to reply, these provisions of Order 18 Rule 2 are enabling and not mandatory, allowing courts discretion based on case facts, and
India Law Library Docid # 2428287

(474) SAGAR VINAYAK BAGADE Vs. APEX GRIEVANCE REDRESSAL COMMITTEE AND OTHERS[BOMBAY HIGH COURT] 31-07-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 3E — Restrictions on transfer of tenements — Tenements allotted under Slum Rehabilitation Scheme (SRS) are not transferable without permission of the Slum Rehabilitation Authority (SRA) even after the expiry of the statutory lock-in period
India Law Library Docid # 2428288

(475) STATE OF MAHARASHTRA Vs. MADURAI ALIAS MADRA DEVENDRA MARIAPPAN[BOMBAY HIGH COURT] 31-07-2025
Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Cancellation of bail — Grounds for cancellation — Bail can be cancelled if the accused misuses liberty by indulging in similar criminal activity, interferes with investigation, tampers with evidence or witnesses, threatens witnesses, plans to flee, goes underground, or tries to escape surety’s reach
India Law Library Docid # 2428289

(476) RASAMMAL AND OTHERS Vs. ATHAYAMMAL AND OTHERS[MADRAS HIGH COURT] 31-07-2025
Civil Procedure Code, 1908 (CPC) — Section 96, Order 41 Rule 1 & 2 — Appeal against Judgment and Decree in Partition Suit. — The appeal concerns the partition and separate possession of a suit property. The plaintiff claims title through settlement deeds from her mother, who inherited the property from her sons. The defendants dispute the validity of these settlement deeds and claim title through a different lineage and previous
India Law Library Docid # 2428342

(477) K. MYILSAMY Vs. R. VELUMANI[MADRAS HIGH COURT] 31-07-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal against judgment and decree for vacant possession — Defendant appealing decree to vacate and hand over possession within two months.

B. Property Law — Title and Possession — Suit for possession against a long-term occupant claiming right based on oral lease — Plaintiff’s title derived from settlement deed and subsequent sale deed, undisputed by defendant initially
India Law Library Docid # 2428343

(478) THE ADMINISTRATOR, (AS APPOINTED BY THIS HON’BLE COURT) M/S. ZYLOG SYSTEMS LIMITED AND OTHERS Vs. R. RAMACHANDRAN AND OTHERS[MADRAS HIGH COURT] 31-07-2025
Companies Act, 2013 — Sections 210, 211, 212, 213 — Serious Fraud Investigation Office (SFIO) — Investigation into company affairs — Reference by Company Court — Section 210(2) allows Central Government to order investigation if a Court or Tribunal has directed it — High Court empowered under Section 2(29) is a ‘Court’ for this purpose — Central Government’s decision to investigate company affairs is bound by such court orders.
India Law Library Docid # 2428344

(479) PADI KAUSHIK REDDY ETC. Vs. STATE OF TELANGANA AND OTHERS ETC.[SUPREME COURT OF INDIA] 31-07-2025
Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker's authority to decide — Judicial review of Speaker's decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and
India Law Library Docid # 2428202

(480) S.N. VIJAYALAKSHMI AND OTHERS Vs. STATE OF KARNATAKA AND ANOTHER[SUPREME COURT OF INDIA] 31-07-2025
Penal Code, 1860 (IPC) — Section 420 — Cheating — Ingredients not made out — Agreement to Sell for property was executed, but possession was not handed over as stipulated in the ATS — No fraudulent or dishonest inducement found — Criminal proceedings quashed
India Law Library Docid # 2428203