ive

Latest Cases

(861) ORIENTAL INSURANCE CO. LTD. Vs. FOREVER PRECIOUS JEWELLERY & DIAMONDS LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2025
Consumer Protection Act, 1986 — Insurance Claim — Theft during transit — Exclusion Clause — Diligence — An insurance company can repudiate a claim for theft of insured property from a road vehicle if the vehicle is left unattended, as per Exclusion Clause 5 of the policy. This clause should be read with Condition 10 of the policy, which requires the insured to exercise due diligence to avoid or diminish any
India Law Library Docid # 2434755

(862) FLAIR WRITING INDUSTRIES LIMITED Vs. THE ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2025
Consumer Protection Act, 1986 — Section 21(a)(i) — Pecuniary Jurisdiction — Value of goods/services and compensation claimed determine jurisdiction — Complaint seeking refund of deducted claim amount, interest on delayed payment, and compensation for business loss, valued at Rs. 4,33,93,847/-, exceeds Rs. 1 crore, thus falls within the jurisdiction of the National Commission.
India Law Library Docid # 2434756

(863) ECOFUEL SYSTEMS INDIA PRIVATE LIMITED Vs. NATIONAL INSURANCE COMPANY LIMITED[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-09-2025
Consumer Protection Act, 1986 — Section 15 — Insurance claim — Fire and special perils policy — Insurer refusing to pay full amount assessed by surveyor — Insured signing discharge voucher under economic duress — Held, signing discharge voucher under coercion does not amount to waiver of claim.
India Law Library Docid # 2434757

(864) MRS. BHARATHI RADHAKRISHNAN Vs. REMA VASUDEVAN AND OTHERS[MADRAS HIGH COURT] 26-09-2025
Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Demolition of scheduled property — Court noted that property was already demolished and superstructure no longer existed — Application for interim injunction closed as no further orders could be passed.
India Law Library Docid # 2434763

(865) M/S. JAIN STEELS INDUSTRIES Vs. M/S. LARSEN & TOUBRO LTD.[MADRAS HIGH COURT] 26-09-2025
Micro, Small and Medium Enterprises Development Act, 2006 — Section 18 — Jurisdiction of Facilitation Council — Supplier's place of business confers jurisdiction on the Council — Even if arbitration agreement specifies a different seat, the Council at the supplier's location can entertain the claim.
India Law Library Docid # 2434784

(866) P. KRISHNAMOORTHY Vs. V. RAYAR[MADRAS HIGH COURT (MADURAI BENCH)] 26-09-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness to perform contract — Essential terms — Plaintiff failed to prove possession of balance sale consideration and active steps to acquire funds — Mere averment is insufficient, proof required — Plaintiff's admission of not having funds and father holding them, coupled with lack of evidence of father's commitment to lend, defeats claim for specific performance.
India Law Library Docid # 2434785

(867) M/S. EAGLE FLASK INDUSTRIES (P) LIMITED Vs. M/S. TAMIL NADU SMALL INDUSTRIES CORPORATION LIMITED[MADRAS HIGH COURT] 26-09-2025
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — Section 29 — Exemption from Act — Landlord seeking eviction by approaching Rent Controller waives the benefit of exemption available under Section 29, which is granted by notification and is a benefit conferred, not a statutory bar like Section 30.
India Law Library Docid # 2434787

(868) SABAREESAN Vs. PERIYASAMY PADAIYATCHI[MADRAS HIGH COURT] 26-09-2025
Civil Procedure Code, 1908 (CPC) — Order 23 Rule 1 — Withdrawal of suit with liberty to file fresh suit — Requirements for grant of leave — Plaintiff must demonstrate a formal defect in the suit leading to its failure or provide sufficient grounds for instituting a fresh suit — Grant of leave is discretionary and requires caution and
India Law Library Docid # 2434788

(869) MR. PRAVEEN RAJ JAYACHANDRAN Vs. M/S. FUSION VR[MADRAS HIGH COURT] 26-09-2025
Copyright Act, 1957 — Protection of Ideas vs. Expression — The Act protects the expression of an idea, not the idea itself. Materials showing visualization and expression of concepts and applications are protected.
India Law Library Docid # 2434789

(870) AMUDHAVALLI AND OTHERS Vs. HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 26-09-2025
Motor Vehicles Act, 1988 — Section 147 — Insurance of Motor Vehicles — Liability of insurer — Goods vehicle carrying fare-paying passenger — A goods vehicle is not allowed to carry passengers for hire or reward — Breach of policy condition — Deceased travelling in a goods vehicle as a fare-paying passenger amounts to a fundamental breach of policy conditions — Insurer is not liable to
India Law Library Docid # 2434808

(871) S.NAVAS Vs. STATE OF KERALA AND OTHER[KERALA HIGH COURT] 26-09-2025
Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) r/w 13(2] — Demand and acceptance of illegal gratification — Corrupt or illegal means or abuse of position to obtain pecuniary advantage — The prosecution must prove a prior demand and subsequent acceptance of illegal gratification to establish guilt — Mere acceptance or recovery of money is insufficient without proof of demand — The
India Law Library Docid # 2434849

(872) SANJAY KEDIYA Vs. SAROJ KEDIYA AND OTHERS[CHHATTISGARH HIGH COURT] 25-09-2025
Civil Procedure Code, 1908 (CPC) — Order 32 Rule 15 — Persons of unsound mind — Appointment of next friend — Mandatory enquiry — Court must conduct an enquiry to satisfy itself that a person is incapable of protecting their own interest due to mental infirmity before appointing a next friend or guardian. Mechanical appointment without enquiry is illegal.
India Law Library Docid # 2433197

(873) BUDHRAM SINGH @ LALLU Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 25-09-2025
Protection of Children from Sexual Offences Act, 2012 — Section 4 — Rape — Penal Code, 1860 (IPC) — Sections 366 (kidnapping, abduction or inducement to cause person to remain in order to subject her to intercourse) and 302 (murder) — Appeal against conviction — Conviction by trial court based on circumstantial evidence — Prosecution failed to prove essential ingredients of offences — Age of victim — No clinching or
India Law Library Docid # 2433198

(874) ST. JOSEPH’S COLLEGE Vs. JHARKHAND STATE INFORMATION COMMISSION AND OTHERS[JHARKHAND HIGH COURT] 25-09-2025
Right to Information Act, 2005 — Section 2(h) — 'Public Authority' — Definition — Ownership, control, or substantial financing by appropriate Government — College receiving grant-in-aid from State Government is a public authority.
India Law Library Docid # 2433314

(875) SANJABIJ TARI Vs. KISHORE S. BORCAR AND ANOTHER[SUPREME COURT OF INDIA] 25-09-2025
Negotiable Instruments Act, 1881 — Sections 138, 139, 118 — Dishonour of cheque — Presumptions — Scope — Once execution/signature admitted, presumption arises that cheque was for consideration and discharge of legally enforceable debt — Burden initially on accused to rebut by raising probable defence — Mere plea of complainant’s financial incapacity, without documentary or
India Law Library Docid # 2433172

(876) SINGAMASETTY BHAGAVATH GUPTHA AND ANOTHER Vs. ALLAM KARIBASAPPA (D) BY LRS./ALLAM DODDABASAPPA (D) BY LRS. AND OTHERS[SUPREME COURT OF INDIA] 25-09-2025
Provincial Insolvency Act, 1920 — Section 37 — Proceedings on annulment — The validity of acts done by a court or receiver before annulment of adjudication of insolvency depends on whether the sales and dispositions of property and payments made were "duly made." If these acts are found to be not duly made, Section 37 will not protect them.
India Law Library Docid # 2433173

(877) DELHI DEVELOPMENT AUTHORITY Vs. CORPORATION BANK AND OTHERS[SUPREME COURT OF INDIA] 25-09-2025
Lease Agreement — Mortgage Clause — Prior written consent from Lieutenant Governor required for mortgage of the leased plot — DDA's right to unearned increase and pre-emptive purchase.
India Law Library Docid # 2433174

(878) GUJARAT URJA VIKAS NIGAM LIMITED Vs. ESSAR POWER LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 25-09-2025
Electricity Act, 2003 — Section 125 — Appeals to Supreme Court — Parties must understand and apply judgments correctly, not selectively. This court's prior decision sets precedent. (Paras 11, 12, 36)

B. Power Purchase Agreement (PPA) — Interpretation of terms — Court must read the entire judgment to understand its import and ratio decidendi.
India Law Library Docid # 2433175

(879) EXECUTIVE TRADING COMPANY PRIVATE LIMITED Vs. GROW WELL MERCANTILE PRIVATE LIMITED[SUPREME COURT OF INDIA] 25-09-2025
Civil Procedure Code, 1908 (CPC) — Order 37 — Summary Suits — Procedure — Filing of reply/defence without leave to defend — High Court allowing filing of reply to Summons for Judgment without defendant first applying for leave to defend amounts to procedural deviation from Order 37 Rule 3(4) and 3(5) CPC.
India Law Library Docid # 2433176

(880) JYOTSNA DEVI Vs. THE STATE OF ASSAM AND OTHERS[SUPREME COURT OF INDIA] 25-09-2025
Education Law — Recruitment Rules — Applicability of — Selection process initiated under Assam Government Aided Junior College Management Rules, 2001 — Advertisement did not stipulate age limit — Government condoned appellant's overage — Subsequent approval of appointment — High Court relying on Assam Secondary Education (Provincialisation) Service Rules, 2003, which prescribed age
India Law Library Docid # 2433177