(501) STEEL EXCHANGE INDIA LTD. Vs. ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION[ANDHRA PRADESH HIGH COURT] 04-04-2025 Contract Law — Allotment of Industrial Land — Time as Essence — Where an agreement for allotment and sale of industrial land by a state development corporation (APIIC) explicitly states that time is the essence of the contract and stipulates a specific period for project implementation, failure by the allottee to complete the project within the specified timeline, even after an initial extension, constitutes a breach justifying cancellation of the allotment as per the agreement’s terms. India Law Library Docid # 2424824
(502) VANKAYALAPATI BRAHMAIAH Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 — Sections 397 & 401 — Revisional Jurisdiction — Scope against Conviction — The High Court’s revisional jurisdiction under Sections 397 and 401 Cr.P.C. against concurrent findings of conviction is limited — It is not meant for re-appreciation of evidence as in an appeal — Interference is warranted only in exceptional circumstances, such as manifest illegality, gross miscarriage of justice, flagrant violation of procedural law, or overlooking of material evidence, bu India Law Library Docid # 2424826
(503) N.B. MURALI Vs. T. SRINIVASULU[TELANGANA HIGH COURT] 04-04-2025 Limitation Act, 1963 — Section 14 — Applicability to Election Petitions under Telangana Municipalities Act, 2019 — Exclusion of Time Spent in Wrong Forum — Election Petitions filed under the Telangana Municipalities Act, 2019, which is a self-contained special Act prescribing its own period of limitation, are not governed by the general provisions of the Limitation Act, 1963 — Consequently, Section 14 of the Limitation Act cannot be invoked to exclude or condone the period during which an Electi India Law Library Docid # 2424838
(504) JAMMULA NANDASAI MITHRA Vs. STATE OF AP AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-04-2025 Rights of Persons with Disabilities Act, 2016 — Sections 2(y), 17(i) — Reasonable Accommodation — Compensatory Time in Examinations — The principle of “reasonable accommodation” under Sec 2(y) read with Sec 17(i) of the RPwD Act, 2016, mandates providing necessary adjustments, including adequate compensatory time in examinations, to students with benchmark disabilities (like Cerebral Palsy) to ensure equal opportunity and access to education, enabling them to overcome barriers caused by their di India Law Library Docid # 2424888
(505) SRIRAM CHANDRA SEKHAR @ CHINTU Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 — Section 216 — Alteration or Addition of Charge — Exclusive Power of Court — The power to alter or add to any charge at any time before judgment is pronounced, as provided under Section 216 Cr.P.C., vests exclusively with the Court — It is an enabling provision for the Court to exercise suo motu if it appears necessary based on the evidence and materials on record — Neither the prosecution nor the accused has a vested right or locus standi to file a formal applicat India Law Library Docid # 2424889
(506) APSRTC, KRISHNA DIST Vs. B. MOHAN KUMAR[ANDHRA PRADESH HIGH COURT] 04-04-2025 Motor Vehicles Act, 1988 — Section 166 — Proof of Negligence — Establishment of rash and negligent driving in accident claims; reliance on documentary evidence like First Information Report and Charge Sheetcoupled with the eyewitness testimony of the claimant (PW.1), can be sufficient to prove negligence, especially when inadequately rebutted by the opposing party (driver - RW.1) and where the respondent failed to implead other alleged negligent parties (lorry owner/insurer). India Law Library Docid # 2424898
(507) PRATIMA KUMAR MIDHA, AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 — Section 482 — Inherent Powers — Quashing of FIR/Criminal Proceedings— Scope and exercise of inherent powers of the High Court under Section 482 Cr.P.C. to prevent abuse of the process of court or secure ends of justice — Power is existing, not new, to be used sparingly and in exceptional cases where complaint/FIR does not disclose an offence, or is frivolous, vexatious, or oppressive. India Law Library Docid # 2424901
(508) BOGIRALA KONDAIAH AND OTHERS Vs. SHEELAM LAXMI SOUJANYA[ANDHRA PRADESH HIGH COURT] 04-04-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — ‘Sufficient Cause’ — Liberal Construction— The expression ‘sufficient cause’ under Section 5 mandates a liberal interpretation by courts to advance substantial justice — Delays, particularly in procedural matters like bringing legal representatives on record or setting aside abatement, should generally be condoned if no gross negligence, deliberate inaction, or lack of bona fides is imputable to the applicant. India Law Library Docid # 2424902
(509) MULI SIVA REDDY Vs. KAMBAM VENKATA REDDY[ANDHRA PRADESH HIGH COURT] 04-04-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference — Concurrent Findings of Fact — The High Court’s jurisdiction under Section 100 CPC is confined to substantial questions of law — Interference with concurrent findings of fact recorded by the Trial Court and the First Appellate Court (which is the final court of facts) is impermissible unless such findings are shown to be erroneous being contrary to mandatory provisions of law, settled legal principles (pronou India Law Library Docid # 2424909
(510) FIITJEE LTD. Vs. STATE AND OTHERS[DELHI HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 — Section 156(3) — Power of Magistrate to Direct FIR Registration — Discretionary Nature — The power vested in a Magistrate under Section 156(3) CrPC to direct the police to register an FIR and conduct an investigation is discretionary (‘may’) and not mandatory — The Magistrate must apply judicial mind to the facts and circumstances before passing such an order — An order under Section 156(3) should not be passed mechanically merely on the complainant’s India Law Library Docid # 2424945
(511) AMANPREET SINGH MALHOTRA Vs. GAGANDEEP KAUR MALHOTRA[DELHI HIGH COURT] 04-04-2025 Hindu Marriage Act, 1955 — Section 26 — Maintenance of Children — School Fees — Apportionment between Earning Parents — In determining maintenance for children under Section 26 HMA, where both parents are earning, the court considers the income and expenses of both — While generally both parents share the responsibility, an order directing one parent (father/appellant) to bear the entire school fees is not necessarily infirm if the other parent (mother/respondent) is implicitly burdened with oth India Law Library Docid # 2424946
(512) HARIRAM AND OTHERS Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA AND OTHERS[DELHI HIGH COURT] 04-04-2025 Arbitration and Conciliation Act, 1996 — Sections 2(1)(e), 34 — Jurisdiction — Definition of “Court” — Seat of Arbitration — For the purpose of filing a petition under Section 34 of the A&C Act to set aside an arbitral award (other than in international commercial arbitration), the “Court” having jurisdiction is the Principal Civil Court of original jurisdiction in a district, or the High Court exercising ordinary original civil jurisdiction, which would have jurisdiction over the subject-matter India Law Library Docid # 2424947
(513) RADHA RANI AND OTHERS Vs. VARINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-04-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation Assessment — Proof of Income — Income Tax Returns (ITRs) — Income Tax Returns filed by the deceased are considered reliable evidence for the assessment of income in motor accident claims — The income reflected therein, corroborated by other evidence like witness testimony, can form the basis for calculating the multiplicand. India Law Library Docid # 2425042
(514) VEENA RANI @ AMITA RANI AND OTHERS Vs. AMIT AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-04-2025 Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Principles for Injury Claims — The determination of compensation by Tribunals/Courts must adhere to the principle of ‘just compensation’, which signifies adequate recompense — neither excessive nor insufficient — While monetary awards cannot fully redress the suffering from severe injuries impairing normal life, Courts must genuinely attempt to restore the claimant’s self-dignity by recognizing actual needs and accounting for ground re India Law Library Docid # 2425043
(515) STATE OF HARYANA Vs. CHHATTAR PAL[PUNJAB AND HARYANA HIGH COURT] 04-04-2025 Criminal Appeal Against Acquittal — Scope of Interference — Penal Code, 1860, S. 376 — An appellate court reviewing a judgment of acquittal under Section 376 IPC, while possessing powers similar to those in an appeal against conviction, should not interfere merely because a different view is possible — Interference is unwarranted if the trial court’s view is based on evidence and is reasonable and plausible — The presumption of innocence favours the accused, and reasons must be assigned for diff India Law Library Docid # 2425044
(516) PAWAN AND ANOTHER Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 04-04-2025 Criminal Law — Circumstantial Evidence — Principles of Appreciation — Completeness of Chain — In cases resting purely on circumstantial evidence, the prosecution must establish a complete chain of circumstances that unerringly points towards the guilt of the accused and is inconsistent with any hypothesis of innocence — Each circumstance must be fully established, and the cumulative effect must exclude every possible hypothesis except the one proposed to be proved, showing that within all human India Law Library Docid # 2425045
(517) DAVINDERDEEP SINGH Vs. PARAMJEET KAUR[PUNJAB AND HARYANA HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 (Cr.P.C.) — Section 125 — Interim Maintenance — Assessment — Duty to File Affidavits of Assets and Liabilities — Adverse Inference — In proceedings for interim maintenance under Section 125 Cr.P.C., both parties are required to file affidavits detailing their assets and liabilities to enable the court to make a proper assessment, following the principles laid down in Rajnesh versus Neha and another, (2021) 2 SCC 324 — Failure by a party (in this case, the husband) t India Law Library Docid # 2425046
(518) SMT. PUSHPARANI DUTTA Vs. RANAJIT DUTTA AND OTHERS[CALCUTTA HIGH COURT] 04-04-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 372 (Proviso), 378(4) & 401(4) — Constitution of India, 1950 — Article 227 — Maintainability of Revision/Supervisory Application against Acquittal — Bar when Appeal Lies — A criminal revisional application, whether styled under CrPC or Article 227 of the Constitution, filed by a complainant against a final judgment of acquittal passed by a Magistrate in a complaint case, is not maintainable in view of the specific bar contained in Section 401(4) C India Law Library Docid # 2425204
(519) SEKHAR SHARMA Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 04-04-2025 Penal Code, 1860 — Section 420 — Cheating vs. Breach of Contract — Mens Rea at Inception — A mere breach of contract, such as non-payment for goods supplied under a business agreement, does not ipso facto constitute the offence of cheating under Section 420 IPC — To attract Section 420, the prosecution must establish the existence of fraudulent or dishonest intention (mens rea) on the part of the accused at the very beginning of the transaction, i.e., at the time of inducement or making the prom India Law Library Docid # 2425205
(520) PUNIT RAJGARIA Vs. NAINA AGARWAL[CALCUTTA HIGH COURT] 04-04-2025 Special Marriage Act, 1954, Section 31 — Family Courts Act, 1984, Section 7 — Anti-Suit Injunction — Suit filed on the Original Side of the High Court seeking an anti-suit injunction to restrain the defendant-wife from pursuing matrimonial proceedings in California, USA — Plaintiff-husband and defendant-wife both reside outside the ordinary original civil jurisdiction of the High Court — Marriage solemnized under the Special India Law Library Docid # 2425198