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(961) KUNWAR PAL Vs. SATISH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Cause of Action — Successive Presentations/Notices — Holder can present cheque multiple times within validity — Each dishonour followed by statutory notice and non-payment gives rise to a fresh cause of action. Complaint based on second notice after second dishonour is maintainable.
India Law Library Docid # 2423939

(962) SUDHA SINGH @ SIDHU Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Evidence Act, 1872 — Evaluation of Evidence — Related Witnesses — Credibility — The testimony of eyewitnesses cannot be discarded or doubted solely on the ground that they are closely related to the deceased (PW5-father, PW6-uncle) — While the evidence of related witnesses necessitates careful scrutiny and caution by the Court, such witnesses are generally unlikely to allow the actual culprits to escape while falsely implicating an innocent person — If, upon careful scrutiny, their
India Law Library Docid # 2423940

(963) LOUIS VUITTON MALLETIER Vs. RAJ BELTS AND OTHERS[DELHI HIGH COURT] 10-03-2025
Civil Procedure Code, 1908 (CPC) — Order 8 Rules 1 and 10, Section 151 — Pronouncement of Judgment — Failure to File Written Statement — Plaintiff filed an application under Order 8 Rules 1 and 10 read with Section 151 CPC seeking pronouncement of judgment against defendant nos. 7 and 8 due to their failure to file written statements.
India Law Library Docid # 2423967

(964) M/S. ARSS INFRASTRUCTURE PROJECTS LTD. Vs. NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.[DELHI HIGH COURT] 10-03-2025
Arbitration and Conciliation Act, 1996 — Sections 73, 74 & 30 — Settlement Agreement reached during Conciliation — Status and Effect — Enforceability as Arbitral Award — A Settlement Agreement arrived at between parties pursuant to conciliation proceedings (conducted under Part III of the Act, including Clause 26.2 of the EPC Agreement contemplating conciliation) has the same status and effect as an arbitral award on agreed terms under Section 30 — Such a Settlement Agreement is enforceable as a
India Law Library Docid # 2424019

(965) BLUEFIRE INFOTAX CONSULTANCY PVT LTD AND OTHERS Vs. ANS INFRATECH PVT. LTD.[DELHI HIGH COURT] 10-03-2025
Arbitration and Conciliation Act, 1996 — Section 37(2)(b) — Appeal against Interim Order of Arbitral Tribunal (Section 17) — Scope of Interference — Principle of Least Intervention — Appellate court's scope under S. 37(2)(b) against discretionary interlocutory orders (like grant/refusal of injunction under S. 17) is limited — Interference is warranted only if the Arbitral Tribunal's (AT) discretion is exercised arbitrarily, capriciously, perversely, or by ignoring settled principles of law gover
India Law Library Docid # 2424020

(966) PANNALAL AND OTHERS Vs. PUBLIC WORKS DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 10-03-2025
Service Law — Pension — Madhya Pradesh (Work Charged & Contingency Paid Employees) Pension Rules, 1979 — Rule 2(c), Rule 6 — Madhya Pradesh Work Charged & Contingency Paid Employees (Recruitment and Conditions of Service) Rules, 1976 — Eligibility of Gangmen — Gangmen appointed in the M.P. Public Works Department, who are covered under the definition of employees under the Rules, 1976 [as held in Vishnu Mutiya & Others v/s The State of Madhya Pradesh & Others, 2006 (1) M.P.L.J. 23], and who have
India Law Library Docid # 2424121

(967) SANWARMAL AND OTHERS Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS[RAJASTHAN HIGH COURT] 10-03-2025
Motor Vehicles Act, 1988 — Section 128 — Contributory Negligence — Triple Riding — Proof of Causal Connection — The mere fact that three persons were riding on a motorcycle, constituting a violation of Section 128 of the Motor Vehicles Act, 1988, does not, by itself, suffice to hold the claimants liable for contributory negligence — Following Mohd. Siddique v. National Insurance Co. Ltd., (2020) 3 SCC 57, it must be established by the insurer, through evidence, that there was a causal connection
India Law Library Docid # 2424191

(968) ORIENTAL INSURANCE CO. LTD. Vs. NIMBA RAM AND OTHERS[RAJASTHAN HIGH COURT] 10-03-2025
Motor Vehicles Act, 1988 — Sections 2(21), 10(2)(d), 10(2)(e) — Driving License — Light Motor Vehicle (LMV) — Transport Vehicle — Validity — A driver holding a valid driving license issued for the ‘Light Motor Vehicle’ (LMV) class under Section 10(2)(d) of the Act is legally authorized to drive a ‘Transport Vehicle’, provided the gross vehicle weight of such transport vehicle does not exceed 7,500 kg — No separate or additional authorization specifically for the ‘Transport Vehicle’ class under S
India Law Library Docid # 2424186

(969) SMT. VIMLA DEVI NAGAR AND OTHERS Vs. KRISHAN AVTAR NAGAR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-03-2025
Civil Procedure Code, 1908 — Order VII Rule 11 — Scope of Inquiry — The determination of an application under Order VII Rule 11 CPC must be confined strictly to the averments made in the plaint and the documents annexed thereto and relied upon by the plaintiff — The defense raised by the defendant in the written statement or in the application for rejection is not to be considered at this stage.
India Law Library Docid # 2424207

(970) SHRIKANT G. MANTRI Vs. PUNJAB NATIONAL BANK[BOMBAY HIGH COURT] 10-03-2025
Civil Procedure Code, 1908 (as amended by Commercial Courts Act, 2015) — Order XIIIA Rule 3 — Summary Judgment — Standard — No Real Prospect of Defence — Compelling Reason for Trial — Summary judgment under Order XIIIA may be granted against a defendant if the Court considers that the defendant has ‘no real prospect’ (meaning a realistic, as opposed to fanciful, prospect) of successfully defending the claim, and there is ‘no other compelling reason’ why the claim should not be disposed of before
India Law Library Docid # 2424325

(971) SATYARAJ M Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 10-03-2025
Food Safety and Standards Act, 2006 — Evidence — Conflicting Analysis Reports — Referral Food Laboratory Report — Weightage — In adjudicatory proceedings under the Act, where conflicting reports exist regarding a food sample’s compliance (one favourable private lab report versus unfavourable reports from the Public Health Institution and the statutory Referral Food Laboratory on a crucial parameter like iodine content), the adjudicating authority’s reliance on the consistent findings of the
India Law Library Docid # 2424340

(972) SRI KISHORE KUMAR B.K. Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 10-03-2025
Service Law — Suspension — Karnataka State Police (Disciplinary Proceedings) Rules, 1965 — Rule 5 — Validity of Suspension Order — Effect of Quashing Criminal Case — A suspension order issued under Rule 5 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965, primarily grounded on the registration of a criminal case against the police officer, loses its legal foundation and becomes unsustainable when the underlying criminal proceedings (including FIR, chargesheet, and cognizance o
India Law Library Docid # 2424391

(973) T.THANGAVEL AND OTHERS Vs. THE DISTRICT COLLECTOR TIRUPATTUR DISTRICT AND OTHERS[MADRAS HIGH COURT] 10-03-2025
Land Law — Temple Lands — Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 — Effect of Findings by Minor Inams Abolition Tribunal (MIAT) — Res Judicata — Relegation to Civil Suit — Findings of the Minor Inams Abolition Tribunal under Act 30 of 1963, based on fresh documentary evidence establishing title in favour of a Temple, override the findings of an earlier civil court decree which had dismissed the temple’s suit for possession primarily on grounds of lack of evidenc
India Law Library Docid # 2424470

(974) BLESSON P.B AND OTHERS Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 10-03-2025
Evidence Act, 1872 — Sections 145, 146, 155(3) — Contradiction and Impeachment of Witness — Use of Statements — The Evidence Act permits the use of only previous or former statements of a witness for the purpose of contradicting them or impeaching their credit — Statements made by the witness subsequent to their deposition in the instant case cannot be used for these purposes.
India Law Library Docid # 2424559

(975) MANSOOR ALI Vs. STATE OF KERALA[KERALA HIGH COURT] 10-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 27A & 2(viiia) — Financing Illicit Traffic — Proof Required — For framing a charge under Section 27A NDPS Act, there must be prima facie evidence indicating that the accused engaged in financing, directly or indirectly, any activity defined as “illicit traffic” under Section 2(viiia) — Mere phone contact (CDR) or inadmissible co-accused confessions,
India Law Library Docid # 2424560

(976) K.R. HARIKRISHNAN AND OTHERS Vs. SUB INSPECTOR OF POLICE, NORTH PARUR POLICE STATION AND OTHERS[KERALA HIGH COURT] 10-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Criminal Proceedings — Pendency of Civil Suit — Criminal proceedings, which prima facie disclose offences like cheating and conspiracy, cannot be quashed under Section 482 Cr.P.C. merely because the underlying dispute has civil characteristics or because a civil suit concerning the same transaction is pending.
India Law Library Docid # 2424561

(977) N. RAJAMONY Vs. SARADAMMA, [DIED; LRS RECORDED AND IMPLEADED] AND OTHERS[KERALA HIGH COURT] 10-03-2025
Civil Procedure Code, 1908 — Order 2 Rule 2(3) & Order 23 Rule 1(3) — Effect of Withdrawal with Liberty on Subsequent Suit — When a suit is withdrawn with liberty granted under Order XXIII Rule 1(3) to institute a fresh suit for the same subject-matter (which includes the cause of action), the bar contained in Order II Rule 2(3) against suing for reliefs omitted in the first suit does not apply to the subsequently instituted fresh suit — The effect of permission under Order XXIII Rule
India Law Library Docid # 2424562

(978) SMT. SANGEETA DHRUVE Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 10-03-2025
Service Law — Maternity Benefit — Contractual Employees — Chhattisgarh Civil Services (Leave) Rules, 2010 — Rule 38 — Female government servants appointed on a contract basis are entitled to maternity benefits, including maternity leave with salary, as provided under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010, read with the principles laid down in the Maternity Benefit Act, 1961 — The object of providing maternity benefits, rooted in constitutional principles (Articles 14, 15
India Law Library Docid # 2424688

(979) GC INDIA DENTAL PRIVATE LIMITED Vs. ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/ INCOME-TAX OFFICER, NATIONAL ASSESSMENT CENTRE AND OTHERS.[TELANGANA HIGH COURT] 10-03-2025
Income Tax Act, 1961 — Section 144C — Procedure for Eligible Assessee — Mandatory Nature — Section 144C lays down a mandatory procedure for assessment involving variations proposed by the Assessing Officer (AO) in the case of an eligible assessee — Upon issuance of a Draft Assessment Order (DAO), the assessee has the right to file objections before the Dispute Resolution Panel (DRP) within 30 days.
India Law Library Docid # 2424765

(980) LOK MAL @ LOKU Vs. THE STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 07-03-2025
Penal Code, 1860 — Sections 376, 323, 504 and 506 — Reliability of Prosecutrix's Testimony in Rape Cases — The Supreme Court reaffirmed that the testimony of a prosecutrix in a rape case can be relied upon without corroboration if it inspires confidence, emphasizing the importance of considering the broader probabilities of the case
India Law Library Docid # 2423218