(221) M. SABAREESH Vs. KRISHNAN AND OTHERS[MADRAS HIGH COURT] 18-06-2025 Property Law — Co-ownership — Presumption of Equal Contribution — Where a property is jointly purchased without specific mention of individual contributions, it is presumed that both purchasers contributed equally and are entitled to equal shares. India Law Library Docid # 2427896
(222) GURUVAMMAL AND OTHERS Vs. DURAI AND OTHERS[MADRAS HIGH COURT] 18-06-2025 Civil Procedure Code, 1908 — Order 7, Rule 11 — Rejection of Plaint — Cause of Action — Limitation — A plaint can be rejected if it does not disclose a cause of action or if the suit appears to be barred by any law. India Law Library Docid # 2427897
(223) KARMEGAM Vs. STATE REP BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 18-06-2025 Criminal Procedure Code, 1973 — Section 374(2) — Appeals against conviction and sentence — Murder (Penal Code, Section 302) — Circumstances of the case — Occurred within a high-security prison quarantine block — Deceased and accused were notorious criminals — Challenge to conviction based on hostile witnesses and reliance on official eyewitness. India Law Library Docid # 2427898
(224) ANAND Vs. STATE REP.BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 18-06-2025 Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction —Penal Code, 1860 — Section 302 — Murder — Circumstantial Evidence — Appreciation of Evidence — Prosecution must establish a complete chain of circumstances pointing unequivocally to the guilt of the accused — Discrepancies in witness testimonies and lack of corroborated evidence weaken the prosecution’s case — Where the initial complaint by the deceased’s father did not mention the accused’s India Law Library Docid # 2427899
(225) SUBHA @ SUBHAKAR AND OTHERS Vs. STATE REP BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 18-06-2025 Criminal Law — Murder (IPC S. 302) — Kidnapping (IPC S. 364) — Wrongful Confinement (IPC S. 342) — Circumstantial Evidence — Conviction based primarily on extra-judicial confession and recovery of material objects — Absence of direct evidence and hostile witnesses regarding “last seen” theory — Principles of appreciating circumstantial evidence — Requirements for conviction based on India Law Library Docid # 2427900
(226) C.KRISHNIAH CHETTY AND SONS PRIVATE LIMITED Vs. DEEPALI COMPANY PRIVATE LIMITED[MADRAS HIGH COURT] 18-06-2025 Trade Marks Act, 1999 — Sections 47 & 57 — Rectification of Register — Maintainability of Petition — “Person aggrieved” — Disputes between two equally-divided shareholder groups (Hayagriv and Narayan families) in a company (Petitioner) over historical family business name ‘C.Krishniah Chetty’ — Petitioner (Hayagriv group-controlled) seeking rectification against Respondent (Narayan group-controlled) for deceptively similar marks — Petitioner qualifies as “person India Law Library Docid # 2427901
(227) R. THANGARATHINAM Vs. R.CHANDRASEKARAN AND OTHERS[MADRAS HIGH COURT] 16-06-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 4 — Pleading Misrepresentation — Burden of Proof — Civil Suits — Specific and clear pleadings are required when alleging misrepresentation regarding the contents and allotment of properties under a deed — The burden to prove such misrepresentation lies upon the party alleging it — In this case, the plaintiff, an educated individual involved in a India Law Library Docid # 2427902
(228) MOHIT SADANA Vs. VIJAY KUMAR GOYAL[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Commercial Courts Act, 2015 — Jurisdiction — Eviction Suit — An eviction suit for a shop, even if it is used for trade or business, does not automatically become a “commercial dispute” under the Commercial Courts Act, 2015, unless it meets the criteria of “specified value” and the immovable property is “exclusively used in trade India Law Library Docid # 2427945
(229) ADITYA SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 16-06-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Prevention of Corruption Act, 1988 — Sanction for prosecution — Validity of Sanction — Applicability of mind — Competent authority — When prosecution has already commenced and cognizance taken, challenge to the validity of a sanction order on grounds of non-application of mind or lack of competence of the sanctioning authority India Law Library Docid # 2427946
(230) THE STATE OF MADHYA PRADESH AND OTHERS Vs. ASHOK RAWAT AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025 Writ Petition — Natural Justice — Opportunity of Hearing — Adverse remarks and strictures passed by a writ court against individuals (police officers in this case) who were not made parties to the writ petition, were not given notice, nor an opportunity to be heard, are in violation of principles of natural justice and are liable to be set aside — Principles of natural justice require that no adverse order or finding India Law Library Docid # 2427947
(231) SHRAVAN KUMAR PATHAK Vs. STATE OF M.P.[MADHYA PRADESH HIGH COURT] 16-06-2025 Criminal Procedure Code, 1973 — Section 457 — Release of Seized Property — Income Tax Act, 1961 — Section 132A — Requisition of Books of Account, Money etc. — Ownership Claim vs. Income Tax Department Objection — When police seize stolen property recovered from accused persons following a theft complaint, and the complainant seeks release of these articles under Section 457 CrPC by providing India Law Library Docid # 2427948
(232) MADHYA PRADESH ROAD TRANSPORT CORPORATION AND OTHERS Vs. JAGDISH SAVITA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025 Madhya Pradesh Industrial Relations Act, 1960 — Resignation — Competent authority — Scheme of Voluntary Retirement — Applicability of MP Industrial Employment (Standing Orders) Rules, 1963 — Validity of acceptance of resignation by Senior Depot Manager — Where Managing Director had already declared Senior Depot Manager as “Manager” for all disciplinary actions for employees of a specific India Law Library Docid # 2427949
(233) SURESH CHAND SHARMA Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-06-2025 Service Law — Police Regulations — Madhya Pradesh Police Regulations, 1973 — Regulations 238, 240 — Termination of service upon conviction — No opportunity of hearing — When a police officer is convicted by a criminal court, an opportunity of hearing is not required before terminating his services. India Law Library Docid # 2427950
(234) ASHOK AIREN Vs. FARMER WELFARE AND AGRICULTURE DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-06-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Maintainability — Recovery of Professional Fees by Advocate — A writ petition under Article 226 for recovery of an advocate’s professional fees owed under a contract with a client is generally not maintainable as it involves contractual disputes and disputed questions India Law Library Docid # 2427951
(235) M. MARUTHAI AND OTHERS Vs. KARTHIKEYAN AND OTHERS[MADRAS HIGH COURT] 13-06-2025 Civil Procedure Code, 1908 — Section 96, Order 41 Rule 1 — Appeal — Judgment and Decree — Partition — Plaintiffs, as legal heirs of heir of original co-owner (maternal grandfather’s daughter), claimed 1/12th share each in suit property — Trial Court decreed 1/16th share each — Appellants (defendants) appealed, arguing suit barred by limitation due to exclusion — High Court affirmed Trial India Law Library Docid # 2427903
(236) RUPESH PRADIP BHARUKA Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 12-06-2025 Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 — Sections 276, 328 — Drugs and Cosmetics Act, 1940 — Sections 18, 27, 28, 65 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(A) — Quashing of criminal proceedings — Petition by medical shop owner challenging FIR and pending special case proceedings — Offences alleged under multiple Acts. India Law Library Docid # 2426803
(237) PARIMALADEVI Vs. P.TAMILARASI AND OTHERS[MADRAS HIGH COURT] 12-06-2025 Civil Procedure Code, 1908 — Section 96 — Appeals from original decrees — Declaration of Title — Permanent Injunction — Burden of Proof — The plaintiff, seeking declaration of title and permanent injunction, must establish their title through clear and unambiguous documents — Self-serving documents or family arrangements, without clear links to original property allocation and subsequent India Law Library Docid # 2427904
(238) T.VIJAYA KUMAR Vs. SREE VIJAYA TIMBERS CORPORATION AND OTHERS[MADRAS HIGH COURT] 11-06-2025 Service Tax — Liability to Pay — Landlord and Tenant — Reimbursement — Finance Act, 1994, Sections 65(90-a), 65(105), 68(1); Service Tax Rules, 1994, Rule 2(1)(d) — Generally, the liability to pay service tax for renting commercial premises falls on the service provider (landlord) as per the Finance Act, 1994. While service tax is an indirect tax and can be passed on to the service receiver (tenant), this requires a India Law Library Docid # 2427905
(239) MRS. NISHA Vs. MRS. SULOCHANA AND OTHERS[MADRAS HIGH COURT] 10-06-2025 Hindu Minority and Guardianship Act, 1956 — Sections 4, 6, 8, 12 — Minor’s property — Mortgage by natural guardian — Permission of court — Joint family property (undivided interest) — A natural guardian (mother) can mortgage a minor’s undivided interest in joint family property without prior court permission under Section 8, provided the transaction is for the benefit of the minor or the joint family India Law Library Docid # 2427906
(240) THE SUPERINTENDING ENGINEER, TAMIL NADU ELECTRICITY BOARD Vs. DHANASEKARAN AND OTHERS[MADRAS HIGH COURT] 10-06-2025 Civil Procedure Code, 1908 — Section 96 — Appeal Suit — Suit for Compensation — Electrocution Death — Negligence of Tamil Nadu Electricity Board (TNEB) — Burden of Proof — The initial burden lies on the plaintiffs to prove that the death was caused by electrocution and that such electrocution was due to the negligence of the defendant. India Law Library Docid # 2427907