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(921) BELWIN RAJ AND ANOTHER Vs. MUTTAYYAN AND OTHERS[KERALA HIGH COURT] 21-03-2025
Limitation Act, 1963 — Article 54 — Specific Performance — Amendment of Pleadings — Doctrine of Relation Back — An amendment incorporating a prayer for specific performance in a counter-claim, even if filed after the expiry of the limitation period prescribed by Article 54, relates back to the date of filing the original counter-claim/written statement, unless the court, while allowing the amendment, specifically directs otherwise.
India Law Library Docid # 2424576

(922) THE STATE OF MADHYA PRADESH AND OTHERS Vs. GOKULCHAND AND ANOTHER[SUPREME COURT OF INDIA] 21-03-2025
Practice and Procedure — Limitation — Delay in Filing Appeals/SLPs by State — Accountability — Wastage of Public Money — Supreme Court expressed strong disapproval of State of Madhya Pradesh repeatedly filing appeals/SLPs with gross delays without sufficient cause — Court initiated inquiry into decision-making process leading to such challenges, summoning Law Secretary and concerned Collector — Emphasized need to prevent wastage of public money on routine/delayed filing and stressed that State
India Law Library Docid # 2424602

(923) THE STATE OF TELANGANA Vs. IHHR HOSPITALITY PRIVATE LIMITED[TELANGANA HIGH COURT] 21-03-2025
Constitution of India, 1950 — Articles 226 & 227 — Arbitration and Conciliation Act, 1996 — Sections 16, 34 & 37 — Judicial Review of Arbitral Orders — Rejection of S. 16 Plea — Maintainability of Writ Petition — A writ petition under Article 226/227 challenging an Arbitral Tribunal’s order dismissing an application under Section 16 (challenging jurisdiction, including on grounds of limitation) is generally not maintainable — Judicial interference in the arbitral process, especially at intermed
India Law Library Docid # 2424724

(924) ABDUL SATHER, AKRAM AND OTHERS Vs. THE STATE OF TELANGANA, AND ANOTHER[TELANGANA HIGH COURT] 21-03-2025
Essential Commodities Act, 1955 — Section 7(1) — Telangana State Public Distribution System (Control) Order, 2016 — Clause 17(e) — Purchase of PDS Rice — Offence after 19.08.2016 — Clause 17(e) of the Telangana State Public Distribution System (Control) Order, 2016, introduced w.e.f. 19.08.2016, explicitly criminalizes the act of purchasing rice supplied through PDS, whether from a cardholder, F.P. Shop dealer, or any other source — Where PDS rice was seized from the possession of accused (A1) a
India Law Library Docid # 2424757

(925) DIRECTOR, STATE ARCHAEOLOGICAL MUSEUMS DEPARTMENT, HYD AND ANOTHER Vs. V.SWAROOPA RANI, HYDERABAD AND OTHERS[TELANGANA HIGH COURT] 21-03-2025
Protection of Monuments — Ancient Monuments and Archaeological Sites and Remains Act, 1958 / Telangana Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1960 — Duty of State — The State has a constitutional and statutory duty to protect and maintain ancient monuments, including land appurtenant thereto, often necessitating protective measures like compound walls.
India Law Library Docid # 2424772

(926) M/S SRI SRINIVASA CONSTRUCTION Vs. D. MURALIDHAR RAO[TELANGANA HIGH COURT] 21-03-2025
Commercial Courts Act, 2015 — Section 2(1)(c)(vii) — ‘Commercial Dispute’ — Immovable Property Used in Trade or Commerce — A dispute arising out of agreements relating to immovable property actually used exclusively for trade or commerce (development of a commercial complex, lease for running a hospital) falls within the definition of a ‘commercial dispute’.
India Law Library Docid # 2424773

(927) SYED WAHEEDUNNISA NUZHAT Vs. CHIEF COMMISSIONER OF LAND ADMINISTRATION COURT OF WARDS[TELANGANA HIGH COURT] 21-03-2025
Court of Wards Act, 1350 Fasli — Section 13 & 64 — Superintendence and Release — Property once placed under the superintendence of the Court of Wards remains so until formally released through the procedure mandated by the Act, including the issuance of a Gazette Notification under Section 64 for withdrawal of superintendence.
India Law Library Docid # 2424783

(928) M/S. REAL FAB INDIA PVT. LTD. Vs. M/S. RASHTRIYA ISPATH NIGAM LIMITED[ANDHRA PRADESH HIGH COURT] 21-03-2025
Civil Procedure Code, 1908 — Section 11 — Res Judicata in Execution Proceedings — Where an execution petition, or an application to restore it, is dismissed on merits after considering objections and finding the award/decree to be inexecutable, such dismissal operates as res judicata — A subsequent execution petition seeking execution of the same award, even if filed with corrected formalities, is barred if the prior dismissal finding inexecutability attained finality.
India Law Library Docid # 2424811

(929) KOLA KESHAV REDDY Vs. THE DEPOT MANAGER APSRTC, MACHERLA DEPOT AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-03-2025
Industrial Disputes Act, 1947 — Section 25HH — Applicability — Wages upon Reinstatement — The provision under Section 25HH, which requires payment of wages to a workman from the date of reinstatement specified in an award, is contained within Part (II) of the Industrial Disputes Act, 1947 — This Part specifically addresses conditions pertaining to layoff and retrenchment — Consequently, Section 25HH does not apply to cases concerning the removal or termination of a workman from service that fall
India Law Library Docid # 2424816

(930) GANAPAM SUBBA REDDY Vs. THE REVENUE DIVISIONAL OFFICER[ANDHRA PRADESH HIGH COURT] 21-03-2025
Land Acquisition Act, 1894 — Section 23(1) — Market Value Determination — Relevant Date & Comparable Sales — The market value of acquired land must be determined as on the date of publication of the Section 4(1) notification — The most relevant factors are prices reflected in bona fide sale transactions of comparable lands, proximate in time and location to the acquired land, possessing similar advantages.
India Law Library Docid # 2424808

(931) CHEVURU VIJAYA KUMAR REDDY Vs. THE A.P. STATE ROAD TRANSPORT CORPORATION[ANDHRA PRADESH HIGH COURT] 21-03-2025
Motor Vehicles Act, 1988 — Section 168 — Compensation — Future Prospects — Homemaker/Notional Income — Future prospects @ 25% (as deceased was aged 45, falling in 40-50 bracket) are applicable and must be added even when assessing compensation based on the notional income of a deceased homemaker, following the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi and affirmed in Kirti v. Oriental Insurance Co. Ltd.
India Law Library Docid # 2424873

(932) SRI TOMMEDELLA VENKATA RATNAM Vs. SRI DAKAVARAPU KRISHNAJI[ANDHRA PRADESH HIGH COURT] 21-03-2025
Specific Relief Act, 1963 — Section 28(3)(b) & Transfer of Property Act, 1882 — Section 55(1)(f) — Decree for Specific Performance — Delivery of Possession Implicit in Execution — In the execution of a decree for specific performance of a contract for the sale of immovable property, the delivery of possession to the purchaser is an inherent and implicit consequence following the execution of the conveyance (sale deed) — Pursuant to Section 55(1)(f) of the Transfer of Property Act, the seller has
India Law Library Docid # 2424876

(933) A. ANIL KUMAR Vs. LIFE INSURANCE CORPORATION OF INDIA AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-03-2025
Natural Justice in Disciplinary Proceedings — Production of Key Evidence and Witnesses — In a departmental inquiry concerning alleged misappropriation by an employee (cashier), the failure of the disciplinary authority to produce critical documentary evidence (such as the ‘Register of Day to Day Usage of Receipt Stationery’ maintained by the petitioner) and to examine a key witness (like the Head of Department - HOD Accounts, responsible for overseeing stationery and reconciliations) whose testi
India Law Library Docid # 2424879

(934) MYNENI SYAMALA Vs. K KALADHAR AND ANOTHER AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-03-2025
Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — Substantial Question of Law — The jurisdiction of the High Court under Section 100 of the C.P.C. is confined to entertaining appeals involving a substantial question of law — The Court cannot re-appreciate evidence or interfere with concurrent findings of fact unless the findings recorded by the courts below are manifestly perverse or contrary to the evidence on record — The existence of a substantial question of law is a sine q
India Law Library Docid # 2424881

(935) LAKSHMI AGENCIES, RJY, E.G. DIST AND OTHERS Vs. ARYAPURAM COOP URBAN BANK LTD RJY AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-03-2025
Andhra Pradesh Co-operative Societies Act, 1964 — Sections 61, 62 & 76 — Arbitration and Conciliation Act, 1996 — Section 34 — Nature of Proceedings under APCS Act — Proceedings initiated upon reference of a dispute under Section 61 of the APCS Act, 1964, and decided by the Registrar or a person invested with powers or an arbitrator under Section 62 of the APCS Act, 1964, are statutory proceedings governed exclusively by the APCS Act — Such proceedings do not constitute arbitration proceedings u
India Law Library Docid # 2424884

(936) SUSHIL KUMAR MORE Vs. SHAIKH ASADUR RAHMAN AND OTHERS[CALCUTTA HIGH COURT] 21-03-2025
Civil Procedure Code, 1908 — Order IX, Rule 13 — Limitation Act, 1963 — Section 5 & Article 123 — Setting Aside Ex-Parte Decree — Condonation of Delay — Sufficient Cause — Applications filed by Defendant No. 2 seeking condonation of 605 days delay in filing, and setting aside of, an ex-parte decree dated 22.11.2022 — Primary grounds were alleged non-service of summons and lack of knowledge of the suit/decree until June 2023 — Court examined whether “sufficient cause” was shown for non-appearance
India Law Library Docid # 2425157

(937) DR. BINOY RANJAN ROY Vs. SMT. KABITA SHAW[CALCUTTA HIGH COURT] 21-03-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Subsequent Events — West Bengal Premises Tenancy Act, 1997 (WBPT Act) — Section 2(g) — Commercial Tenancy — An amendment application seeking to incorporate the ground that the defendant (heir of the original tenant in a non-residential tenancy) has become a trespasser due to the expiry of the five-year statutory protection period under Section 2(g) of the WBPT Act, 1997, during the pendency of the eviction suit, is mainta
India Law Library Docid # 2425214

(938) GOVIND RAM PANDEY AND ANOTHER Vs. NUTAN PRAKASH AND OTHERS[ALLAHABAD HIGH COURT] 21-03-2025
Trusts & Temples — Private Temple Management — Binding Agreement — The management, governance, and appointment process for the committee of a private temple (Dauji Mandir) managed by hereditary Sevayats/Pandas are primarily governed by the terms of a registered foundational agreement (Agreement of 1904) entered into by the families, which details the formation and replacement mechanism for the Management Committee.
India Law Library Docid # 2425301

(939) DELHI AGRICULTURAL MARKETING BOARD, THROUGH ITS CHAIRMAN Vs. BHAGWAN DEVI (DEAD), THROUGH HER LR.[SUPREME COURT OF INDIA] 20-03-2025
Land Acquisition Act, 1894 — Sections 4 and 6 — Delhi Agricultural Produce Marketing (Regulation) Act, 1976 — Sections 4 and 6 — Land acquired under the Land Acquisition Act, 1894 vests absolutely in the government upon possession — A statutory body, for whose benefit the land was acquired, cannot enter into a private agreement to return a portion of the land, as this would circumvent the law — Such an agreement is contrary to the fundamental policy of Indian law and constitutes a fraud on the s
India Law Library Docid # 2423605

(940) M/S CITICORP FINANCE (INDIA) LIMITED Vs. SNEHASIS NANDA[SUPREME COURT OF INDIA] 20-03-2025
Consumer Protection Act, 1986 — Sections 2(1)(d) and 24-A — Contract Act, 1872 — A flat seller who is not a borrower or a party to the home loan agreement lacks privity of contract with the financing company and cannot be considered a 'consumer' under the Consumer Protection Act for claims related to the sale consideration — Supreme Court allowed the appeal, setting aside the order of the National Consumer Disputes Redressal Commission (NCDRC) which had directed the appellant to refund money and
India Law Library Docid # 2423655