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(641) HYATT INTERNATIONAL SOUTHWEST ASIA LTD. Vs. ADDITIONAL DIRECTOR OF INCOME TAX[SUPREME COURT OF INDIA] 24-07-2025
Income Tax Act, 1961 — Interpretation of Double Taxation Avoidance Agreement (DTAA) — Permanent Establishment (PE) — Article 5(1) of India-UAE DTAA — Fixed place of business — The core issue is whether the appellant, a Dubai-based company, had a PE in India under Article 5(1) of the India-UAE DTAA. The
India Law Library Docid # 2428034

(642) M/S RIMJHIM ISPAT LIMITED AND OTHERS Vs. UNION OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 24-07-2025
Central Excise Act, 1944 — Sections 9 and 9AA — Criminal proceedings — Discharge application — Dismissal of discharge application by both Trial Court and High Court upheld — Criminal appeal dismissed — High Court's judgment affirmed — No interference warranted.
India Law Library Docid # 2428065

(643) MUSTAFA RAZA AND OTHERS Vs. AMREEN NAAZ AND OTHERS[CHHATTISGARH HIGH COURT] 24-07-2025
Guardians and Wards Act, 1890 — Sections 25 & 26 — Custody of minor child — Welfare of child is paramount consideration — Mother entitled to custody of male child until seven years of age — Even if personal law grants custody to mother, welfare of child will prevail in case of conflict.
India Law Library Docid # 2428082

(644) KAMLESH YADAV Vs. NATIONAL HEART INSTITUTE AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-07-2025
Consumer Protection Act, 1986, Section 21(a)(i) — Medical Negligence — Deficiency in Service — Compensation — Preliminary issue of maintainability before National Consumer Disputes Redressal Commission (NCDRC) raised by Opposite Parties due to disputed facts and claim for compensation — Held complaint maintainable as it pertains to deficiency in service against providers of medical services.
India Law Library Docid # 2428110

(645) M/S. ABT INDUSTRIES LIMITED Vs. T. CHINTHANAIKUMAR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 24-07-2025
Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of Consumer — Commercial Purpose — Defence that transaction was for commercial purposes requires detailed evidence of commercial activities, not just bald allegations of fleet ownership.
India Law Library Docid # 2428111

(646) SHESH BAHADUR SINGH(D) THR.LRS. Vs. RAM DAS SINGH(D) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 24-07-2025
Uttar Pradesh Consolidation of Holdings Act, 1953 — Section 49 — Bar to civil courts jurisdiction — A suit for cancellation of an order passed in consolidation proceedings is not maintainable if a notification has been issued under Section 4(2) of the Act and the matter could or ought to have been taken up under the Act. (Para 9,
India Law Library Docid # 2428311

(647) BALDEV SINGH Vs. MAJOR SINGH[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure — Additional Evidence — Allowing application for additional evidence at a belated stage — Trial court’s order allowing additional evidence is set aside by the High Court — Grounds for setting aside include that the plaintiff had already availed numerous opportunities to present evidence, failed to produce documents despite
India Law Library Docid # 2428923

(648) TEEKAM (SINCE DECEASED) THROUGH HIS LRS AND ANOTHER Vs. MEHAR CHAND SAINI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure Code, 1908, Section 100 — Regular Second Appeal — Scope of interference — Limited to errors of law or procedure, not findings of fact even if erroneous.
India Law Library Docid # 2428924

(649) UDAI SINGH Vs. PREM PAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference — High Court’s jurisdiction in second appeal is limited to errors of law or procedure, not mere errors of fact, even if they appear gross or inexcusable.
India Law Library Docid # 2428925

(650) SMT. PROMILA KAPOOR Vs. SATYAWATI OSWAL TRUST AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of — The High Court in Second Appeal has limited jurisdiction to interfere with concurrent findings of fact by lower Courts, and can only intervene if there is an error of law or procedure, not merely an error on a question of fact.
India Law Library Docid # 2428926

(651) ORIENTAL INSURANCE CO. LTD. Vs. PARAMJEET KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Composite negligence — Accident caused by rash and negligent driving of both motorcycle driver and truck driver — Finding of composite negligence based on eyewitness testimony and circumstances — Insurance company's contention of sole negligence of truck driver rejected — Standard of proof is preponderance of probabilities — Tribunal's reliance on
India Law Library Docid # 2428927

(652) M/S. GILLCO DEVELOPERS AND BUILDERS PRIVATE LIMITED Vs. REAL ESTATE REGULATORY AUTHORITY PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Transfer Application — Real Estate Regulatory Authority — Whether a 'Court' — A determination by an authority whose decisions are final and binding, involves judicial procedure, and can award costs or interest, is considered a 'Court' for purposes of review and transfer. Section 31 of the Real Estate (Regulation and Development) Act, 2016, and
India Law Library Docid # 2428928

(653) PAYAL CHAUDHARY Vs. KAP SINHA IAS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Contempt of Court — Essential elements — Disobedience of court orders — Fundamental rights — Disconnection of water supply when ordered by a court or in violation of court orders can lead to contempt of court charges, as water is a basic necessity and its disconnection can violate fundamental rights, including the right to livelihood.
India Law Library Docid # 2428929

(654) STATE OF RAJASTHAN Vs. KANA RAM[RAJASTHAN HIGH COURT] 23-07-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Interference by appellate court — An order of acquittal is to be interfered with only when there are compelling and substantial reasons, such as the order being clearly unreasonable, or the trial court having ignored or misread material evidence. The appellate court can reverse an acquittal if the trial court's findings are perverse
India Law Library Docid # 2428724

(655) DEVILAL AND OTHERS Vs. M/S GOVINDAM AND OTHERS[RAJASTHAN HIGH COURT] 23-07-2025
Civil Procedure Code, 1908 (CPC) — Order 39, Rule 7 — Appointment of Commissioner — Preservation and inspection of property — A Commissioner can be appointed for the purpose of detention, preservation, or inspection of the subject-matter of a suit, or to collect samples or make observations for obtaining information.
India Law Library Docid # 2428725

(656) JITENDRA SAXENA AND OTHERS Vs. MOHAN LAL AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-07-2025
Transfer of Property Act, 1882 — Section 76 — Tenancy — Redemption of mortgage — Tenant of mortgagor in possession — Protection of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 — Not entitled to protection against mortgagor after redemption of mortgage unless eviction decree obtained — Letting out of premises by mortgagee not prudent act — Mortgagor entitled to recovery of
India Law Library Docid # 2428601

(657) SMT JARINA ROBINSAN Vs. STATE OF RAJASTHAN THROUGH COLLECTOR[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-07-2025
Civil Procedure Code, 1908 (CPC) — Order 41, Rule 2 — Second Appeal — Admission — Substantial Question of Law — Appeal against dismissal of suit for permanent injunction and appellate court's affirmation of trial court's decree — Held, no substantial question of law arose for admission when both lower courts had concurrently found against the appellant, particularly when possession of land was
India Law Library Docid # 2428602

(658) BHARGAVI AUTOMOBILES PVT. LTD. Vs. K.S. RAVI KUMAR AND OTHERS[ANDHRA PRADESH HIGH COURT] 23-07-2025
Civil Procedure — Principles of Natural Justice — Violation of — Order passed without impleading affected parties liable to be set aside. (Para 14)

B. Civil Procedure — Principles of Natural Justice — Revival of illegal order — Court may refuse relief if setting aside an order revives an earlier illegal order, but the earlier order must be demonstrably illegal.
India Law Library Docid # 2428019

(659) STATE OF MAHARASHTRA Vs. SANJAY BABAN KATKAR[BOMBAY HIGH COURT] 23-07-2025
Criminal Procedure Code, 1973 — Section 391, 313, 366 — Protection of Children from Sexual Offences Act, 2012 — Indian Penal Code, 1860 — DNA reports — Expert witnesses — Capital punishment — Where the conviction relies heavily on DNA reports and the prosecution failed to examine the experts who conducted the DNA analysis, denying the accused opportunity to cross-examine them on the scientific and technical aspects of the report, this amounts to a failure of justice and vitiates the trial,
India Law Library Docid # 2428020

(660) RASIDA KHATOON Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-07-2025
Rajasthan Municipalities Act, 2009, Section 39(1) Proviso — Removal of Member — Enquiry Procedure — State Government can conduct enquiry itself, through existing or retired officer not below State Level Service rank, or through any directed authority — Additional Collector seeking fact-finding reports from subordinates is not an illegal delegation of power for statutory enquiry
India Law Library Docid # 2428021