(161) S.G WINES AND ANOTHER Vs. SAB MILLER INDIA LTD.[DELHI HIGH COURT] 16-12-2024 Negotiable Instruments Act, 1881 — Sections 138 and 141 — Amendability of a complaint when the complainant company's name has changed — Technical Errors vs. Substantial Defects — The court distinguishes between technical errors and substantial defects in a complaint — A mere change in the name of the complainant company is considered a technical error — Such errors can be easily cured through a formal amendment without prejudice to the other party — In this case, the court argues that using the India Law Library Docid # 2421195
(162) STATE Vs. SANTOSH YADAV[DELHI HIGH COURT] 16-12-2024 Penal Code, 1860 (IPC) — Sections 363 and 376 — Protection of Children from Sexual Offences Act, 2012 — Section 6 — Failure to Prove Age — The Trial Court concluded that the prosecution did not provide sufficient evidence to prove the survivor's age as being under 18 years at the time of the alleged incident — The school records, including an affidavit from the survivor's father, were deemed unreliable because the father denied submitting the affidavit and the affidavit was unsigned — The mother India Law Library Docid # 2421196
(163) GURPREET SINGH AND OTHERS Vs. SMT. NEELAM DUTT[DELHI HIGH COURT] 16-12-2024 Delhi Rent Control Act, 1958 — Section 14(1)(a) read with Section 25B — Lack of Proof of Hostile Possession — The court emphasized that to claim adverse possession, the claimant's possession must be "nec vi, nec clam, nec precario" which means peaceful, open, and continuous — The court found that the appellants/defendants did not provide concrete evidence to show their possession was hostile, open, and continuous for the required period — The appellants/defendants failed to demonstrate a clear i India Law Library Docid # 2421197
(164) TEJENDER PAL SINGH @ TIMMA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 16-12-2024 Bharatiya Nyaya Sanhita (BNS), 2023 — Sections 152 and 197(1)(c) — Whether the petitioner's actions, specifically his audio-video recording and social media posts, constitute offences under Sections 152 and 197(1)(c) BNS, 2023, which deal with acts endangering the unity and integrity of India and imputations prejudicial to national integration — The court determined that the petitioner's statements, when viewed in context and without evidence of malicious intent (mens rea), did not meet the thre India Law Library Docid # 2421235
(165) APPA BHAGWAN PATIL Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 14-12-2024 Penal Code, 1860 (IPC) — Section 390 — Robbery — Whether the conviction of the applicant for robbery was justified — The court examined if the prosecution had sufficiently proven the charges, considering the evidence presented by witnesses and the circumstances of the alleged crime — The court found that the prosecution's case was weak due to several inconsistencies: there was a ‘lack of independent corroboration’, ‘discrepancies’ in the description of the accused, and a ‘failure to recover the India Law Library Docid # 2421000
(166) PUNAM SURESHRAO AUNDHAKAR Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 14-12-2024 Penal Code, 1860 (IPC) — Sections 186, 353, 323 and 506 — Obstructing a public servant and criminal intimidation — The court found that appellant was wrongly convicted as no charge under Section 186 was framed against her, and the court determined that Section 186 is a distinct, and not a minor — Additionally, the court found no evidence that appellant had obstructed the complainant — The court also found that appellant No. 2’s convictions under Sections 353 and 506(i) were not sustainable due t India Law Library Docid # 2421022
(167) ADITYA BIRLA REAL ESTATE LTD PREVIOUSLY KNOWN AS CENTURY TEXTILES AND INDUSTRIES LTD. Vs. SHRAMIK JANATA SANGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 13-12-2024 Industrial Disputes Act, 1947 — Sections 36(1), 36(2), 36(3) and 36(4) — The rights of representation under Section 36(1) and 36(2) of the Act are unconditional and not subject to the conditions of Section 36(4) — This means an employer can be represented by an officer of an association, even if the opposing party doesn't consent and the Labour Court/Tribunal hasn't granted leave India Law Library Docid # 2420809
(168) SMT. JANKI BAI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 13-12-2024 Service Law — Regularization — An order of regularization, even if not implemented due to an interim stay, remains valid unless explicitly set aside or cancelled by a competent authority. India Law Library Docid # 2420810
(169) M/S. SHAILESH TRADERS AND OTHERS Vs. UNION BANK OF INDIA (ERSTWHILE ANDHRA BANK)[BOMBAY HIGH COURT (AURANGABAD BENCH)] 13-12-2024 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Sections 13(2) and 14 — The primary legal issue in this case is whether the petitioners' request for copies of the application, affidavit, and notice under Section 13(2) of the SARFAESI Act was correctly denied by the Chief Judicial Magistrate — The petitioners argue that the bank did not follow mandatory procedures under the SARFAESI Act, particularly concerning notice requirements — The court India Law Library Docid # 2421031
(170) ZYDUS WELLNESS PRODUCTS LIMITED AND OTHERS Vs. UNION OF INDIA AND OTHERS[SIKKIM HIGH COURT] 13-12-2024 Central Excise Tariff Act, 1985 — Budgetary Support Scheme (BSS), benefits are unit-specific, not owner-specific, meaning eligibility hinges on the unit's location and prior excise duty exemptions, not ownership changes — The court ruled that changes in ownership, name, or unit expansion do not disqualify units from BSS benefits, interpreting "eligible unit" as the manufacturing facility rather than the owner — Designed to support pre-GST exempt units in challenging areas, the BSS's eligibility India Law Library Docid # 2421040
(171) AMRITPAL SINGH Vs. PEPSU ROAD TRANSPORT CORPORATION AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-12-2024 Service Law — Time Limits for Application — Compassionate Appointment— The court affirmed that applications for compassionate appointment must be submitted within a reasonable time after the death of the employee — The specific policy in question stated that applications should be submitted within six months of the employee's death — Belated requests can be considered within five years with special approval, but the court found that a delay of nine years was not permissible — The court emphasize India Law Library Docid # 2421106
(172) UNION OF INDIA AND OTHERS Vs. NO 15495906N EX ALD UMESH BURA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 13-12-2024 Military Law — Disability pension — Presumption of Sound Health at Enlistment — The court reiterates the principle that a member of the defense establishment is presumed to be in sound physical and mental health at the time of enlistment if there is no record of any disease — If a disease is detected after enlistment, it is presumed to be a result of military service. India Law Library Docid # 2421107
(173) STATE OF H.P. Vs. VIDYA DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 13-12-2024 Criminal Procedure Code, 1973 (CrPC) — Section 311A — Evidence Act, 1872 — Section 73 —A magistrate cannot direct an accused to give specimen signatures when no inquiry or trial is pending before them, and any handwriting analysis based on such illegally obtained specimens is inadmissible — This is because Section 73 of the Evidence Act stipulates that specimen writings can only be taken for comparison purposes in a proceeding currently before the court — India Law Library Docid # 2421250
(174) TATA AIG GENERAL INSURANCE COMPANY LTD. Vs. SHIBI DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 13-12-2024 Employee’s Compensation Act, 1923 — Section 22 —Motor Vehicles Act, 1988 — Section 167 — Only one claim petition is maintainable for one cause of action arising from an accident, and this claim should be made on behalf of all legal representatives or dependents of the deceased — The court clarified that while any legal representative may file the initial claim, those not included must be impleaded as respondents, and the compensation awarded should benefit all legal representatives — Furthermore India Law Library Docid # 2421251
(175) DEEPAKNEELKANTH Vs. SMT. PRIYANKA NEELKANTH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-12-2024 Family Courts Act, 1984 — Section 19(4) — Hindu Marriage Act, 1955 — Section 9 — Destitute wife cannot be denied maintenance solely based on an ex-parte decree obtained by the husband under Section 9 of the HMA. India Law Library Docid # 2420811
(176) SEEMA BAI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-12-2024 Medical Termination of Pregnancy Act, 1971 — A minor girl (victim) was gang-raped by unknown persons — 19-week pregnancy — The District Court rejected the application stating that the necessary medical documents were not provided and that the pregnancy was beyond the 20-week limit under Section 3 of the MTP Act — The Court criticized the District Court for rejecting the application without considering the urgent nature of the case and the victim's status as a rape survivor — It also noted the pr India Law Library Docid # 2420812
(177) UNION OF INDIA AT THE INSTANCE OF ASSISTANT DIRECTOR, DRI Vs. SMT. AMEENABI AND ANOTHER[BOMBAY HIGH COURT] 12-12-2024 Customs Act, 1962 — Section 135 (1) (b) read with Section 135 (1) (I) — Gold Control Act, 1968 — Sections 85 (1)(ii) and 85 (1)(a) read with Section 8(1) — Whether the acquittal of Respondent No. 1 was justified — The Directorate of Revenue Intelligence (DRI) appealed the trial court's decision, arguing that the gold was found in her residence — However, the trial court found that the prosecution failed to prove beyond reasonable doubt that Respondent No. 1 was in conscious possession of the gol India Law Library Docid # 2421001
(178) NATIONAL INSURANCE COMPANY LIMITED Vs. NIM TSHERING SHERPA AND ANOTHER[SIKKIM HIGH COURT] 12-12-2024 Motor Vehicles Act, 1988 — Sections 149(2) and 170 — Section 170 of the MV Act requires an insurance company to obtain an order from the MACT to contest a claim on grounds beyond those specified in Section 149(2) — This order is granted if the MACT finds collusion between the claimant and the person against whom the claim is made, or if the person against whom the claim is made has failed to contest the claim. India Law Library Docid # 2421039
(179) PUNJAB WATER SUPPLY AND SEWERAGE BOARD SUB DIVISION AND OTHERS Vs. PRESIDING OFFICER, GOVERNMENT INDUSTRIAL TRIBUNAL, PATIALA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-12-2024 Industrial Disputes Act, 1947 — Section 33C(2) —Section 33C(2) is an execution provision, applicable only when a workman's entitlement to money or benefits is already established, and not for determining the initial entitlement — Labour Courts cannot adjudicate the question of entitlement under this section but can only determine the amount owed — A claim for wages based on a disputed question of fact, such as whether an employee worked overtime, cannot be decided under Section 33C(2) — The Labo India Law Library Docid # 2421109
(180) SOURAV AND OTHER Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 12-12-2024 Rajasthan Police Subordinate Service Rules, 1989 — Rule 17 — Batch of writ petitions challenging the selection process for the post of constable, specifically regarding the number of candidates called for the Physical Efficiency Test (PET) and Physical Standard Test (PST) — The petitioners argued that the respondents failed to call fifteen times the number of candidates for each district as per the advertisement dated 03.08.2023 and a standing order dated 27.07.2023 — The respondents contended t India Law Library Docid # 2421191