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(261) SMT. SUMITRA AND OTHERS Vs. MAJOR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased aged 33, Passenger Services Assistant in Air India — Tribunal excluded overtime, holiday wages, night shift allowances from salary of Rs.17,831/-, assessing income at Rs.9,050/- — High Court held holiday wages and night shift allowances, being ancillary to air services job, ought not to be excluded; only overtime (Rs.6625/-) excluded, re-assessing income at Rs.11,206/- (annual
India Law Library Docid # 2425703

(262) JITENDER TIWARI Vs. SEEMA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance for wife and children — Quantum — Challenge by husband — Petitioner (husband) and Respondent No.1 (wife) married in 2007, had three children (Respondents No.2-4) — Marital dispute led to wife filing for maintenance under S.125 CrPC — Family Court, considering petitioner as labourer earning Rs.10,500/- per month and wife earning Rs.8,000/- per month (admitted in her cross-examination, also receiving maintenance under DV Act), grante
India Law Library Docid # 2425704

(263) HINDUSTAN UNILEVER LIMITED Vs. DEPUTY DIRECTOR SUB REGIONAL OFFICE (SALEM)[SUPREME COURT OF INDIA] 06-05-2025
Employees State Insurance Act, 1948 — Section 1(4) — Applicability of Act — Exemption for seasonal factories — Factory engaged in manufacture of coffee, blending, packing, and repacking of coffee and chicory — Whether entitled to exclusion from ESI Act coverage as a seasonal factory — Question arises whether the appellant’s factory is liable to make contributions under the ESI
India Law Library Docid # 2425735

(264) ARAWALI POWER COMPANY Vs. SAT PARKASH (DEAD) THR LRS. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Land Acquisition Act, 1894 — Sections 23(1), 23(2), 23(1A), 28 & 34 — Land Acquisition — Compensation — Appropriation of payment — Deposit by judgment debtor into court specifying amounts under different heads (e.g., principal, interest, solatium) as per decree — Effect of acceptance by decree holder — Where decree specifies amounts under different heads and judgment debtor deposits specifically allocating amounts to those heads, acceptance by decrease-holder
India Law Library Docid # 2425829

(265) UNITED INDIA INSURANCE CO. LTD. Vs. NITYA NAND AND OTHERS[HIMACHAL PRADESH HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 168 & 169 — Motor Accident Claim — Appeal against quantum of compensation — Involvement of second vehicle alleged but no evidence of contributory negligence found in FIR or otherwise — Plea for shared liability rejected for want of material.
India Law Library Docid # 2425884

(266) CHHATTISGARH DENTAL COLLEGE AND RESEARCH INSTITUTE Vs. SHWETA KABRA AND OTHERS ETC.[SUPREME COURT OF INDIA] 06-05-2025
. Education Law — Fee Fixation — Power of Committee — Retrospective Application — Fee Fixation Committee constituted pursuant to Supreme Court directions — Fee structure determined at Rs. 1,25,000/- effective from academic year 2005-2006 — High Court directing refund of excess fee paid by students admitted prior to academic year 2005-2006 by applying the fixed
India Law Library Docid # 2425912

(267) BEENA SRIVASTAVA AND OTHERS Vs. STATE OF U.P. AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Supreme Court Rules, 2013 — Leave to Appeal — Granting of — Permission to pursue appeal against High Court order dismissing writ petition seeking direction to District Administration to consider representation for restoration of status quo ante granted. (Para 1)

B. Civil Procedure Code, 1908 — Suits — Inter Se Title Dispute — Resolution by Competent Jurisdictional Civil Court — Acknowledgment that inter se title over immovable
India Law Library Docid # 2425919

(268) MOHAMMED ASARUDEEN Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 06-05-2025
Unlawful Activities (Prevention) Act, 1967 — Section 44 — Protection of witnesses — Nature of provision — Sub-section (1) permits in camera proceedings for reasons recorded, with a non-obstante clause — Sub-section (2) allows measures for keeping identity and address of witnesses secret upon court’s satisfaction of danger to life, for reasons recorded — Unlike sub
India Law Library Docid # 2425920

(269) STATE OF GUJARAT Vs. RAJESH ALIAS RAJU MAHENDRABHAI SHAH AND ANOTHER[GUJARAT HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal Against Acquittal — Powers of Appellate Court — Re-appreciation of Evidence — While the High Court has full power to review evidence upon which an order of acquittal is founded, the presumption of innocence of the accused, reinforced by acquittal by the trial court, requires reversal only for very substantial and compelling reasons, especially when the trial court had the advantage of seeing and hearing witnesses.
India Law Library Docid # 2425977

(270) UNION OF INDIA REPR BY CHIEF ENGINEER NAVY MUMBAI Vs. M/S PUSHKARRAJ CONSTRUCTION P LTD.[GUJARAT HIGH COURT] 06-05-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Jurisdiction — Challenge to order dismissing Section 34 application for lack of jurisdiction by Additional District Judge, Porbandar — Court reasoned arbitration was not referred by a judicial proceeding in Porbandar, and Commercial Courts Act, 2015, vests jurisdiction in Commercial
India Law Library Docid # 2426049

(271) SANTIUS KUJUR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 06-05-2025
Penal Code, 1860 — Section 302 — Murder — Conviction — Alteration to Culpable Homicide — Father killed by son with firewood over bicycle dispute — Single blow with forceful impact causing fatal head injuries — Eyewitness account from mother establishing involvement — Lack of intention to cause death inferable from trivial motive, single blow, and immediate post-incident conduct (remaining at site, informing villagers) — Confessions before police irrelevant — Medical evidence of head fractures in
India Law Library Docid # 2426145

(272) M/S. UNIQUE COAL TRADERS Vs. UNION OF INDIA[GAUHATI HIGH COURT] 06-05-2025
Railways Act, 1989 — Section 73 — Punitive charge for overloading a wagon — Recovery of — Permissible before delivery of goods — Provision enables recovery of punitive charges for overloading beyond permissible carrying capacity.
India Law Library Docid # 2426146

(273) SHUBHKARAN SINGH Vs. ABHAYRAJ SINGH AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Civil Procedure Code, 1908 — Order 18 Rule 17 — Recall of witness — Scope and Ambit — The power vested in the Court under Or. 18 R. 17 is primarily for the Court itself to recall a witness suo motu or on application, to put questions for clarifying any ambiguity or doubt arising from the evidence already on record — It is not a provision intended to enable parties to fill up lacunae in their case, conduct further examination-in-chief or cross-examination, or place additional material/evidence wh
India Law Library Docid # 2425394

(274) POWERGRID COPORATION OF INDIA LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Electricity Act, 2003 — S. 178 — Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 — Regulation 53, Note 2 — Additional Capitalization — Replacement of Damaged Assets — Operation and Maintenance — Expenditure incurred on replacing damaged Inter-connecting Transformers (ICTs), which failed due to internal faults/fire shortly after commissioning, cannot be admitted as 'additional capitalization'
India Law Library Docid # 2425395

(275) THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED Vs. SMT. HONNAMMA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Motor Vehicles Act, 1988 — S. 147 — Liability — Tractor-Trailer Accident — Uninsured Trailer — Root Cause — Where an accident involving death occurs due to the overturning of a trailer being pulled by an insured tractor, the liability of the tractor’s insurer extends to cover the accident — The crucial factor is the root cause of the accident being the insured tractor’s action in pulling/driving/moving the trailer, leading to the mishap in an unbroken chain of events — Principles requiring separ
India Law Library Docid # 2425396

(276) VISHAL TIWARI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Constitution of India — Article 32 — Writ Petition — Prayers — Suo Motu Criminal Contempt — FIR — Advisory on Hate Speech — Petition sought initiation of suo motu criminal contempt against Respondent No. 4 for remarks against the Supreme Court and CJI; direction for FIR under Bharatiya Nyaya Sanhita, 2023; and direction for an advisory to curb hate/provocative speeches relating to the Waqf (Amendment) Act, 2025
India Law Library Docid # 2425501

(277) HARIRAJAN PILLAI Vs. SIYAD[SUPREME COURT OF INDIA] 05-05-2025
Commercial Courts Act, 2015 — Proviso to Order V Rule 1 and Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 (as amended by the Commercial Courts Act) — Time Limit for Filing Written Statement — Mandatory Nature — Forfeiture of Right Beyond 120 Days — Non-Applicability of Section 5, Limitation Act, 1963 — In a commercial suit, the statutory period of 120 days for filing a written statement is mandatory, and upon the lapse of this period, the defendant forfeits the right to file the
India Law Library Docid # 2425503

(278) CHITHRA AND ANOTHER Vs. SASIKUMAR AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025
Constitution of India — Article 227 — Supervisory Jurisdiction of High Court — Rejection of Plaint — Usurpation of Original Jurisdiction and Supplanting Statutory Remedy under CPC — The supervisory power of the High Court under Article 227 of the Constitution is to be exercised sparingly to ensure subordinate courts and tribunals act within their jurisdiction and not to usurp the original jurisdiction of the trial court or to supplant statutory remedies available under the Code of Civil Procedur
India Law Library Docid # 2425504

(279) BALDEI AND OTHERS Vs. HARGIAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Change in nature of suit from permanent injunction to declaration, symbolic possession, specific performance, and consequential permanent injunction — Permissibility at rebuttal stage — Plaintiff initially filed suit for permanent injunction based on agreement to sell/affidavit/panchayatnama of 1994 — Defendants in 2014 written statement disclosed their purchase of suit property vide sale deed of 2014 and pleaded possessi
India Law Library Docid # 2425624

(280) NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANGI DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation in fatal accident case — Enhancement sought by Insurance Company (by challenging income assessment and future prospects) and by claimants (under Or. 41 Rule 33 CPC for conventional heads and consortium, despite no appeal/cross-objection) — Deceased aged 36, survived by wife (32), four minor children (3-11 yrs) and parents — Tribunal assessed income at Rs. 10,520/- p.m. (Deputy Commissioner rates), added 50% future prospects, deducted 1/5th fo
India Law Library Docid # 2425625