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(741) M/S PAVAN METALS REFINERS Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 28-03-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) — Scope of Inquiry — Prima Facie Existence of Arbitration Agreement — At the stage of deciding a petition under Section 11 for appointment of an arbitrator, the referral court’s inquiry is limited to examining the prima facie existence of an arbitration agreement and not other issues, including the merits or limitation period of the underlying claims. (In re Interplay Between Arbitration Agreements followed).
India Law Library Docid # 2425007

(742) KOUSHALYA DEVI JHUNJHUNWALA AND OTHERS Vs. DIRECTORATE OF ENFORCEMENT[DELHI HIGH COURT] 28-03-2025
Prevention of Money Laundering Act, 2002 — Bank Account Freezing/Attachment — Effect of ED's Statement — Where the Enforcement Directorate (ED) informs the High Court that amounts lying in bank accounts (previously subject to debit freeze and/or provisional attachment) have been transferred to the ED and that no further debit freeze is required or operative, the High Court may dispose of appeals concerning the freeze by recording this position and directing the ED to communicate the same to the
India Law Library Docid # 2425008

(743) VIRENDER KHANNA AND ASSOCIATES Vs. AIRPORTS AUTHORITY OF INDIA[DELHI HIGH COURT] 28-03-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Arbitrator — Existence of Arbitration Agreement — For the purpose of appointing an arbitrator under Section 11(6), the Court is required only to examine the prima facie existence of an arbitration agreement — Objections regarding the capacity or authorization of a party to invoke arbitration are matters to be considered by the duly constituted Arbitral Tribunal.
India Law Library Docid # 2425009

(744) SATPAL SINGH AND OTHERS Vs. JAGPAL SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-03-2025
Transfer of Property Act, 1882 — Section 52 — Lis Pendens — Collusive Suit — The doctrine of lis pendens does not apply to bar a transfer if the suit during the pendency of which the transfer occurs is found to be collusive — A suit filed with the apparent intent to defeat a known, impending transfer, especially when filed just before the transfer and followed by a compromise decree favouring the plaintiff without disclosing the transfer to the court, points towards collusion.
India Law Library Docid # 2425023

(745) HARCHARAN SINGH Vs. ASHEESH VAID AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-03-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) — Scope of Inquiry — While adjudicating an application under Section 11(6), the Court’s role is primarily limited to examining the existence of a valid arbitration agreement — It is generally not supposed to delve into disputed questions of fact.
India Law Library Docid # 2425024

(746) STATE OF PUNJAB Vs. GURDIT SINGH @ VISHAL AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 — Section 378(3) — Leave to Appeal Against Acquittal — An appellate court should interfere with an order of acquittal only if the findings of the trial court are perverse, contrary to law, or based on a misappreciation of evidence leading to a miscarriage of justice — The presumption of innocence is further strengthened upon acquittal.
India Law Library Docid # 2425025

(747) CHARAN SINGH AND OTHERS Vs. VIMLA DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 28-03-2025
Civil Procedure Code, 1908 — Order 4-A Rule 1 — Consolidation of Suits — Discretionary Power — Stage of Proceedings — Rejection of an application for consolidation of suits under Order IV-A CPC was upheld where the first suit (filed in 2015) was found to be at a very advanced stage (plaintiffs’ evidence concluded, defence evidence ongoing after listing of 22 witnesses), while the second suit involving the same property and parties (but raising a different ground of adverse possession) was filed
India Law Library Docid # 2425237

(748) BASANTI SAHA Vs. THE STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Charge Sheet/Proceedings — General and Omnibus Allegations — Section 498A IPC & Related Offences — Where the allegations in the FIR and charge sheet against an accused, particularly a relative of the husband (like a sister-in-law), regarding offences under Sections 498A, 406, 417, 494, 376, 120B IPC and Dowry Prohibition Act are general, omnibus, and vague, without specifying any distinct role, date, time, or manner of commission o
India Law Library Docid # 2425250

(749) SRIPATI SARKAR AND OTHERS Vs. SRI DEBANGSHU DAS AND ANOTHER[CALCUTTA HIGH COURT] 28-03-2025
Penal Code, 1860 — Section 499, Exception 8 & Section 500 — Defamation — Accusation made in Good Faith to Authorised Person — A complaint, even if containing allegations against a person, made in good faith to an authority having lawful jurisdiction over that person concerning the subject matter of the accusation, falls under Exception 8 to Section 499 IPC and does not constitute defamation punishable under Section 500 IPC — Submitting a confidential mass petition/complaint detailing alleged
India Law Library Docid # 2425251

(750) STATE OF WEST BENGAL Vs. MITALI GOSWAMI AND OTHERS[CALCUTTA HIGH COURT] 28-03-2025
Civil Procedure Code, 1908 (CPC) — Sections 37, 38, 39 — Execution of Decree — Jurisdiction of Executing Court — Effect of Bifurcation of District — Land Acquisition Case — Following the bifurcation of a district, where the land acquired falls into the territorial jurisdiction of a newly created district (Paschim Bardhaman), and consequently, the administrative authority responsible for disbursing compensation (Land Acquisition
India Law Library Docid # 2425252

(751) M/S. JUBILANT LIFE SCIENCES LIMITED Vs. STATE OF U.P. THRU PRINCIPAL SECY EXCISE AND OTHERS[ALLAHABAD HIGH COURT] 28-03-2025
Poisons Act, 1919 — Sections 2 & 8 — State Government’s Rule-Making Power — The State Government is empowered under Sections 2 and 8 of the Poisons Act, 1919 to frame rules regulating the possession for sale, sale (wholesale/retail), purchase, and possession of specified poisons like Methyl Alcohol, except for regulating importation from outside India (which falls under Central Govt. power u/s 3)
India Law Library Docid # 2425275

(752) M/S LR PRINT SOLUTIONS Vs. M/S EXFLO SANITATION PVT. LTD. AND OTHERS[ALLAHABAD HIGH COURT] 28-03-2025
Arbitration and Conciliation Act, 1996 — Section 36 (as amended by Act 3 of 2016 w.e.f. 23.10.2015) — Enforcement of Arbitral Award — Stay of Award — Filing of an application under Section 34 for setting aside an arbitral award does not operate as an automatic stay on the enforcement of the award — Automatic stay provision stands deleted by the 2015 Amendment Act — Specific order from the court under Section 36(2)
India Law Library Docid # 2425268

(753) MUKUL KUMAR JAIN AND ANOTHER Vs. CENTRAL BUREAU OF INVESTIGATION THROUGH SENIOR SUPERINTENDENT OF POLICE ACB DEHRADUN[ALLAHABAD HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent Powers — Maintainability of Application by Absconding Accused — Accused who have not cooperated with investigation, against whom charge sheet has been filed as absconders, and who have evaded court process (non-appearance despite summons/NBWs), leading to issuance of Blue Notices/Red Corner Notices and initiation of extradition proceedings, are not entitled to invoke the inherent jurisdiction of the High Court under Section 482 CrPC to seek
India Law Library Docid # 2425269

(754) AKHILESH Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 28-03-2025
Criminal Procedure Code, 1973 — Section 319 — Power to Proceed Against Other Persons — The power under Section 319 CrPC allows the trial court to summon any person not arraigned as an accused if, during the course of inquiry or trial, it appears from the evidence that such person has committed an offence for which they could be tried together with the accused already facing trial — This power can be exercised even against persons named in the FIR but not chargesheeted by the police.
India Law Library Docid # 2425322

(755) RAMESH KUMARAN AND ANOTHER Vs. STATE THROUGH THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025
Criminal Procedure Code, 1973 (CrPC) – Section 482 – Constitution of India – Article 142 – Quashing of FIR and Criminal Proceedings – Cross-Cases involving Advocates – Settlement and Apology. — In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed t
India Law Library Docid # 2423916

(756) ARUN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025
Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Appreciation of Evidence – Eyewitness Testimony – Related/Interested Witnesses & Child Witness – Reliability — Conviction for murder based solely on the ocular evidence of related/interested witnesses (deceased's father, wife, brothers) and a child witness (nephew) cannot be sustained when their testimonies are found to be completely untrustworthy and specious due to
India Law Library Docid # 2423917

(757) SAMTOLA DEVI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Family Law – Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Power of Tribunal to Order Eviction – Scope and Limitations – Sections 4, 5, 23 — While the primary object of the Senior Citizens Act, 2007, particularly Chapter II, is to provide for maintenance of parents and senior citizens, the Tribunals constituted thereunder may have the power to order eviction of children/relatives in certain circumstances — This power, not explicitly granted by the statute for general occupat
India Law Library Docid # 2423918

(758) ASLAM ALIAS IMRAN Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025
Penal Code, 1860 (IPC) – Section 302 – Murder – Appreciation of Evidence – Reliability of Eyewitnesses – Benefit of Doubt — Conviction for murder under Section 302 IPC cannot be sustained when based solely on the testimonies of eyewitnesses (PW-1, PW-2, PW-3) whose evidence suffers from serious infirmities and fails to inspire confidence — The cumulative effect of contradictions, unnatural conduct, unexplained delay in recording statements, and potential suppression of evidence casts a serious d
India Law Library Docid # 2423919

(759) R. SHASHIREKHA Vs. STATE OF KARNATAKA AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Criminal Procedure Code, 1973 – Section 482 – Penal Code, 1860 – Sections 306 and 420 – Quashing of FIR – Abetment of Suicide – Cheating – Principles for quashing – Proximity in Abetment – Sufficiency of Reasoning – The appellant challenged the High Court's order under Section 482 CrPC quashing an FIR against respondents — The allegations stemmed from the suicide of the appellant's husband, purportedly due to financial cheating, forgery, and blackmail by the respondents detailed in a death note
India Law Library Docid # 2423920

(760) M/S JSW STEEL LIMITED Vs. PRATISHTHA THAKUR HARITWAL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Insolvency and Bankruptcy Code, 2016 – Section 31 – Resolution Plan – Binding Nature – Extinguishment of Claims – Statutory Dues – Clean Slate Principle – Contempt of Courts Act, 1971 – Section 2(b) – Constitution of India – Articles 129, 142 – State Tax Authorities faced contempt for demanding pre-approval taxes (Sales Tax, VAT, Entry Tax) from an SRA after NCLT approved an IBC Resolution Plan under Sec 31, despite being notified of the Ghanshyam Mishra ruling— These dues weren't in the plan —
India Law Library Docid # 2423921