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(21) MEHTA PRASHANTBHAI MUKUNDRAY PARTNER M/S COAL CORPORATION Vs. M/S MAGNIFICO MINERALS PVT LTD[DELHI HIGH COURT] 16-04-2025
Negotiable Instruments Act, 1881 — S. 141 — Vicarious Liability — Requirement to Implead Company/Firm as Primary Accused: Discussion reaffirming the principle established in Dilip Hariramani v. Bank of Baroda (2022 SCC OnLine SC 579) and other precedents that vicarious liability under Section 141 NI Act can only be fastened onto directors/partners if the company or firm, being the primary offender, is also arrayed as an accused in the complaint.
India Law Library Docid # 2424869

(22) ABBVIE BIOTHERAPEUTICS INC AND ANOTHER Vs. ASSISTANT CONTROLLER OF PATENT DESIGNS[DELHI HIGH COURT] 16-04-2025
Patents Act, 1970 — Section 59(1) — Permissibility of Amendments — Scope of Claims — Amendments to a patent application or specification under Section 59(1) are permissible only by way of disclaimer, correction, or explanation for incorporating an actual fact — Crucially, such amendments must not result in the amended specification claiming or describing matter not disclosed in substance in the original specification, and the amended claims must fall wholly within the scope of the claims as orig
India Law Library Docid # 2424929

(23) BHAVNA LATHER AND OTHERS Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 16-04-2025
Criminal Procedure Code, 1973 — Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482] — Anticipatory Bail — Maintainability after Issuance of NBW / Proclamation (S. 82 CrPC) — The power to grant anticipatory bail is an extraordinary power — Once non-bailable warrants (NBWs) have been issued against an accused, or more significantly, proclamation proceedings under Section 82 CrPC have been initiated due to non-appearance and evasion of process, the accused is generally not entitled
India Law Library Docid # 2424930

(24) MRS. RASHMI SRIVASTAVA AND ANOTHER Vs. M/S. LOTUS GREENS CONSTRUCTIONS PVT. LTD. AND OTHERS[DELHI HIGH COURT] 16-04-2025
Limitation Act, 1963 — Article 122 — Application for Restoration (Order IX Rule 9 CPC) — Limitation Period — An application under Order IX Rule 9 CPC for setting aside a dismissal for default and restoring the suit must be filed within 30 days from the date of dismissal, as prescribed by Article 122 of the Limitation Act — An application filed beyond this period, without an accompanying application for condonation of delay supported by sufficient cause, is liable to be dismissed as time-barred.
India Law Library Docid # 2424931

(25) ASHOK RANI Vs. KASHMIRI LAL[DELHI HIGH COURT] 15-04-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of Pleadings — Scope of Adjudication by Court — Merits vs. Allowability — While deciding an application for amendment under Order VI Rule 17 CPC, the Court should generally confine itself to whether the amendment is necessary for determining the real questions in controversy and whether it causes prejudice to the other side — The merits of the averments sought to be incorporated by the amendment are not to be adjudicated upon or decided at
India Law Library Docid # 2424932

(26) AMIT VERMA AND OTHERS Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 15-04-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 [Corresponding to Section 482 Criminal Procedure Code, 1973] — Inherent Powers of High Court — Quashing of FIR and Criminal Proceedings — Settlement in Matrimonial Disputes — Exercise of inherent jurisdiction to quash FIR registered under Sections 498A/406/34 IPC and all consequential proceedings based on an amicable settlement arrived at between the petitioner-husband (and his family members) and the respondent No.2-wife — Factors supportin
India Law Library Docid # 2424933

(27) ASEEM RAJPAL Vs. DIVYA DUGGAL[DELHI HIGH COURT] 15-04-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23 & 29 — Interim Maintenance — Assessment of Income and Entitlement — Determination of interim maintenance involves a prima facie assessment based on pleadings, income affidavits, and admitted background/lifestyle of parties — Where husband claims low income inconsistent with affluent background and lifestyle, appellate court’s conservative assessment of his income (Rs. 50,000/- pm) for interim maintenance is justified — Wife’s
India Law Library Docid # 2424934

(28) AZURE HOSPITALITY PRIVATE LIMITED Vs. PHONOGRAPHIC PERFORMANCE LIMITED[DELHI HIGH COURT] 15-04-2025
Copyright Act, 1957 — Sections 18(2), 30, 33(1), 33(3), 33A — Licensing of Copyright — Sound Recordings — Requirement of Copyright Society Registration/Membership — Interpretation — Any person or association of persons (including an assignee of copyright in sound recordings under S. 18(2)) carrying on the “business of issuing or granting licences” in respect of copyrighted works or any other rights conferred by the Act, is mandatorily required by S. 33(1) to do so only under or in accordance wit
India Law Library Docid # 2424935

(29) SONU Vs. STATE GOVT. OF NCT OF DELHI[DELHI HIGH COURT] 15-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 — Bail — Commercial Quantity — Applicability of Twin Conditions — Grant of regular bail in a case involving recovery of commercial quantity of contraband (Opium Doda) — Where conscious possession of the contraband by the applicant (a driver) is a seriously debatable question of fact to be determined during trial, and considering factors such as: (i) prolong
India Law Library Docid # 2424936

(30) STATE BANK OF INDIA Vs. SRI BIRESH CHANDRA GANGOPADHYAY[TELANGANA HIGH COURT] 11-04-2025
Criminal Procedure Code, 1973 — Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528] — Quashing of Cognizance Order and Proceedings — Scope of Inquiry — Abuse of Process — Political Rivalry — In exercising inherent powers under Section 482 CrPC (S. 528 BNSS), particularly when factors like potential political rivalry or ulterior motives are alleged, the Court is not limited to accepting the charge sheet averments at face value. It can scrutinize the accompanying materials, witnes
India Law Library Docid # 2424835

(31) SHRIRAM GENERAL INSURANCE COMP LTD. Vs. ALLAPURAJU SUJANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In adjudicating claims under Section 166, the finding of negligence must be based on a preponderance of probabilities — Direct eyewitness testimony, particularly from credible witnesses like police officers who were inmates of a vehicle involved in the accident, is to be given significantly more weightage and credence than contents of police investigation documents like the In
India Law Library Docid # 2424827

(32) SMT. SOMURI RAVALI Vs. SOMURI PURNACHANDRA RAO[TELANGANA HIGH COURT] 10-04-2025
Arbitration and Conciliation Act, 1996 — Sections 2(1)(e)(i), 11(6), 29A(4) & (5) — Jurisdiction for Extension of Arbitrator’s Mandate — Domestic Arbitration — High Court Appointment — In a domestic arbitration where the Arbitrator was appointed by the High Court exercising power under Section 11(6) of the Act, the exclusive jurisdiction to entertain an application for extension of the Arbitrator’s mandate under Section 29A(4) or (5) vests solely with the High Court — Consequently, a Commercial
India Law Library Docid # 2424837

(33) MOHAMMAD DASTAGIR KHAN @ ASIF Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 10-04-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Sections 15 & 19 — Two-Stage Assessment for Trying Child as Adult — The Act mandates a two-stage process when determining if a child aged 16-18, alleged to have committed a heinous offence, should be tried as an adult: (i) A preliminary assessment by the Juvenile Justice Board (JJB) under Section 15 regarding the child’s mental and physical capacity, ability to understand consequences, and circumstances of the offence; and (ii) A sub
India Law Library Docid # 2424845

(34) ISKA VIJAYA KUMAR REDDY Vs. N.VIJAYA KRISHNA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Pleading and Proof — In a suit for specific performance of an agreement of sale, the plaintiff must mandatorily plead and prove continuous readiness and willingness to perform their part of the contract from the date of the agreement until the date of hearing/decree Readiness pertains to financial capacity, while willingness pertains to conduct — A mere statement in the plaint or affidavit asserting readiness is insufficient
India Law Library Docid # 2424890

(35) KMV PROJECTS LIMITED Vs. ANDHRA PRADESH MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 — Order 47 Rule 1 — Review — Scope and Grounds — The power of review under Order 47 Rule 1 CPC is circumscribed and distinct from appellate power It can be exercised upon discovery of new and important matter or evidence (despite due diligence), or on account of a mistake or error apparent on the face of the record, or for any other sufficient reason analogous thereto — Review cannot be sought merely because the original decision is erroneous on merits — An “error appa
India Law Library Docid # 2424891

(36) SURYAS RAVI PRAKASH RAO Vs. MOHITHE MANOHAR RAO AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Guardians and Wards Act, 1890 — Sections 9, 10, 17, 25 — Hindu Minority and Guardianship Act, 1956 — Section 6, 13 — Child Custody — Paramount Consideration — Welfare of Minor— In determining the custody of a minor child, the paramount and often sole consideration for the Court, exercising parens patriae jurisdiction, is the welfare and best interest of the child The legal rights of the contending parties, including the preferential right of the natural guardian (father), are subordinate to the
India Law Library Docid # 2424894

(37) CHITTIBOTLA BHARDWAJA SARMA Vs. COMMISSIONER AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Constitution of India, 1950 — Article 226 — Writ of Mandamus — Appointment of Founder Trustee— Consideration of mandamus to compel respondents (Endowments Department) to appoint the petitioner as Founder Trustee and Chairman of a temple based on alleged hereditary rights, family history of management, and entries recorded in the statutory register under Section 43 of Act 30 of 1987.
India Law Library Docid # 2424900

(38) KARRI ROJA RAMANI Vs. JANNADA APPA RAO[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 (CPC) — Section 151 & Order 39 Rule 2-A — Police Aid for Injunction Implementation vs. Consequences of Disobedience — Distinction — An application seeking police aid/protection under Section 151 CPC for the implementation of a temporary injunction order (granted under Order 39 Rules 1 & 2) is distinct in scope and purpose from an application under Order 39 Rule 2-A CPC, which deals with the consequences (like attachment or detention) for disobedience or breach of an in
India Law Library Docid # 2424905

(39) GANGULA AMMAJI Vs. KUNAPAREDDI SEETHA MAHALAKSHMI DIED AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 (CPC) — Section 11 — Res Judicata — Finding on Title in Suit for Permanent Injunction — Law is settled that an incidental finding on title, arrived at in a simple suit for permanent injunction based primarily on possession, will not operate as res judicata in a subsequent suit filed specifically for declaration of title, particularly if no specific issue regarding title was framed and finally decided in the earlier injunction suit.
India Law Library Docid # 2424908

(40) CHHATTISGARH STATE POWER TRANSMISSION COMPANY LIMITED Vs. DCIT CIRCLE-1(1), RAIPUR, C.G.[CHHATTISGARH HIGH COURT] 09-04-2025
Income Tax Act, 1961 — Section 271(1)(c) — Penalty for Concealment or Inaccurate Particulars — Bona Fide Error vs. Mens Rea — Penalty under Section 271(1)(c) is leviable for concealment of income or furnishing inaccurate particulars thereof — A mere bona fide, inadvertent error in computation or data feeding in the return of income does not automatically attract penalty, especially when the correct figures are available in accompanying documents like the Tax Audit Report filed under Section 44AB
India Law Library Docid # 2424712