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(261) CHIMAKURTHI NAGA VENKATA SAI KIRAN Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 27-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 482 (Anticipatory Bail) [Corresponding to Cr.P.C., S. 438] — Nature and Scope — Exercise of Power — The power to grant anticipatory bail under Section 482 of BNSS is an extraordinary judicial remedy that must be exercised sparingly, with caution and circumspection, and only in exceptional circumstances where a clear case is made out — It is not to be granted as a matter of routine. The court must consider various factors including the nat
India Law Library Docid # 2424817

(262) NATHU RAM AND OTHERS Vs. LILA DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Succession Act, 1925 — Section 63(c) — Execution and Attestation of Will — A Will is validly executed if signed/thumb-marked by the testator and attested by at least two witnesses who witness the testator’s signature/mark or receive personal acknowledgment thereof, and who sign in the testator’s presence — There is no requirement for attesting witnesses to disclose the place or specific time of execution or attestation, nor must they sign the scribe’s register — The deposition of attesting witn
India Law Library Docid # 2425019

(263) JORA SINGH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Basis for Summoning — The power to summon additional accused under Section 319 Cr.P.C. must be exercised judiciously based on evidence recorded during the trial that indicates a strong likelihood of the proposed accused having committed the offence. (Para 17)

B. Criminal Procedure Code, 1973 — Section 319 — Consideration of Evidence — Before summoning additional accused, the trial court is obliged to consider and discuss the complete relevant mat
India Law Library Docid # 2425020

(264) GIAN CHAND GARG Vs. HARPAL SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Negotiable Instruments Act, 1881 — Sections 118 & 139 — Presumption of Consideration and Debt — Once the signature on a cheque is admitted or proved, the court shall presume, unless the contrary is proved, that the cheque was made for consideration and received by the holder for the discharge of a legally enforceable debt or liability — The burden to rebut these presumptions shifts to the accused
India Law Library Docid # 2425021

(265) OM PARKASH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Standard for Summoning — The power to summon additional accused under Section 319 Cr.P.C. is discretionary and extraordinary, to be used sparingly only when strong and cogent evidence emerges during trial indicating a degree of complicity greater than required for framing charge, though short of that needed for conviction.
India Law Library Docid # 2425022

(266) DQS CERTIFICATION INDIA PVT.LTD. Vs. ISACA INC. AND OTHERS[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rules 10 and 11 read with S. 151 — Rejection/Return of Plaint — Application by Defendant No.1 — Instant application filed by defendant No.1 seeking rejection/return of plaint instituted by Indian plaintiff, citing lack of territorial jurisdiction of the High Court of Delhi based on an exclusive jurisdiction clause within the governing License Agreement favouring foreign courts and principles of forum non conveniens.
India Law Library Docid # 2423963

(267) SHASMITH TECHNOLOGIES PRIVATE LIMITED Vs. MAX HEALTHCARE INSTITUTE LIMITED[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Commercial Courts Act, 2015 — Section 12A — Rejection of Plaint — Pre-institution Mediation — Petition challenges Trial Court's order dismissing defendant/petitioner's application under Order 7 Rule 11 CPC seeking rejection of a commercial suit on the ground of non-compliance with mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015
India Law Library Docid # 2423964

(268) M/S DEWAN CHAND Vs. THE CHAIRMAN CUM MANAGING DIRECTOR AND ANOTHER[DELHI HIGH COURT] 26-03-2025
Arbitration — Appointment of Arbitrator — Procedural History — Successive Petitions — Withdrawal of Prior Petitions — The present petition represents the petitioner's third attempt to seek appointment of an arbitrator under Section 11 — The first petition was dismissed as withdrawn with liberty granted to file afresh— The second petition was subsequently filed and later dismissed as withdrawn unconditionally, without any liberty being granted to file afresh.
India Law Library Docid # 2423965

(269) PARMESHWAR KUMAR BAGGA Vs. AVINASH BAGGA[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Section 151, Section 144 — Consent Decree — Application for Setting Aside — Challenge to Dismissal — Petition filed under Article 227 challenging Trial Court's order dated 20.09.2022, which dismissed petitioner/plaintiff's application seeking setting aside of a consent decree passed on 01.07.2022 in a suit for possession and mesne profits against his brother.
India Law Library Docid # 2423966

(270) VINOD RAGHUVANSHI Vs. AJAY ARORA[MADHYA PRADESH HIGH COURT] 26-03-2025
Criminal Procedure Code, 1973 — Section 391 — Additional Evidence in Appeal — Scope and Limitations — The power vested in the appellate court under Section 391 Cr.P.C. to take additional evidence is discretionary and must be exercised sparingly — It is primarily intended for situations where the party seeking to adduce evidence was prevented from doing so during the trial despite due diligence, or where new facts necessitating such evidence came to light later — The core objective is to ensure j
India Law Library Docid # 2424137

(271) SENIOR GENERAL MANAGER (CELLULAR) THROUGH ITS AUTHORIZED OFFICER MR. MRUGESHKUMAR JAYANTILAL SHAH AND OTHERS Vs. RAJAT SINGH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025
Service Law — Disciplinary Proceedings — Unauthorized Absence — Wilfulness — While unauthorized absence from duty does not always equate to wilful absence, especially if caused by compelling circumstances beyond the employee's control, the principle requiring the disciplinary authority to establish wilfulness (Krushna Kant B Parmar) is not an absolute rule — In cases of prolonged unauthorized absence, particularly where leave applications were rejected or not sanctioned, and the employee fails t
India Law Library Docid # 2424138

(272) GOPAL KRISHNA Vs. ANANDPALSINGH S/O GYANPALSINGH DECEASED THROUGH LRS DEEPAK SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025
Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale — Interpretation of Document — A document titled "Shartiya Frokhtnama" containing an explicit condition for reconveyance upon repayment of the consideration amount within a specified period (five years) constitutes a mortgage by conditional sale under S. 58(c), not an outright sale — The interpretation considers the specific terms embedded within the document itself, the legal maxim "once a
India Law Library Docid # 2424139

(273) KEWAL SINGH KANG AND OTHERS Vs. UNION OF INDIA[RAJASTHAN HIGH COURT] 26-03-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause — Liberal Approach vs. Negligence & Lack of Bona Fides — While Section 5 of the Limitation Act empowers courts to condone delay upon demonstration of “sufficient cause” and generally calls for a liberal, justice-oriented approach, this discretion cannot be exercised arbitrarily or to revive stale claims where negligence, inaction, or lack of bona fides is apparent — The acceptability of the explanation, not merely the len
India Law Library Docid # 2424173

(274) MOHAMMAD SALIM AND OTHERS Vs. ABDUL KAYYUM AND OTHERS[RAJASTHAN HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 — Order 8 Rule 1A(3) — Registration Act, 1908 — Sections 17 & 49 Proviso — Admissibility of Unregistered Partition Deed — Collateral Purpose — While Order VIII Rule 1A(3) CPC requires a defendant to produce documents relied upon with the written statement, and mandates leave of court for later production, such leave may be granted even at a subsequent stage — An unregistered partition deed, though compulsorily registrable under Section 17 of the Registration Act and in
India Law Library Docid # 2424174

(275) KAMAL MEENA Vs. STATE[RAJASTHAN HIGH COURT] 26-03-2025
Prevention of Corruption Act, 1988 — Section 7, Section 13 — Essential Ingredients — Demand and Acceptance — Proof Beyond Reasonable Doubt — To sustain a conviction under Section 7 (read with Section 13) of the PC Act, the prosecution must prove beyond reasonable doubt the twin essential ingredients: (i) demand of illegal gratification by the accused public servant, and (ii) subsequent acceptance of the same by the accused — This proof can be based on direct evidence
India Law Library Docid # 2424157

(276) TEJARAM Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 26-03-2025
Prevention of Corruption Act, 1988 (as amended by Act 16 of 2018) — Section 17A — Requirement of Prior Approval for Investigation — Stage of Challenge — Framing of Charge — The requirement under Section 17A of the Prevention of Corruption Act, 1988, for obtaining previous approval from the competent authority before conducting any enquiry, inquiry, or investigation into an offence alleged against a public servant relatable to official functions or duties, while mandatory for initiating such acti
India Law Library Docid # 2424166

(277) JODHPUR VIDHYUT VITRAN NIGAM LTD. AND ANOTHER Vs. ANJEEV KUMAR AND OTHERS[RAJASTHAN HIGH COURT] 26-03-2025
Legal Services Authorities Act, 1987 — Section 22-C(8) — Electricity Act, 2003 — Section 135 — Jurisdiction of Permanent Lok Adalat — Offence of Electricity Theft — The jurisdiction of a Permanent Lok Adalat established under Chapter VI-A of the Legal Services Authorities Act, 1987, is expressly barred by Section 22-C(8) from deciding any matter relating to an offence not compoundable under any law — Where the dispute arises
India Law Library Docid # 2424223

(278) PRAHLAD SAHAI MEENA Vs. CHIEF EXECUTIVE OFFICER ADMN. KHADI AND VILLAGE INDUSTRIES COMMISSION AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 26-03-2025
Service Law — Regularization — Consideration Pursuant to Final Court Orders — Estoppel — Educational Qualification — After judicial directions to consider an employee’s case for regularization attain finality (having been upheld up to the Supreme Court), the employer is precluded from denying or withdrawing regularization by belatedly invoking the employee’s alleged lack of prescribed educational qualifications as an afterthought, especially where this ground was not raised during previous exten
India Law Library Docid # 2424210

(279) UNION OF INDIA AND OTHERS Vs. THE BOARD OF REVENUE RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 26-03-2025
Public Premises (Eviction of Unauthorized Occupants) Act, 1971 — Sections 9, 10 & 15 — Jurisdiction of Revenue Courts — Barred — Where proceedings for eviction from public premises are initiated by the Estate Officer under the Act of 1971, Section 15 explicitly bars the jurisdiction of any court, including Revenue Courts established under the Rajasthan Tenancy Act, 1955, to entertain any suit or proceeding challenging the eviction order — The exclusive remedy against an order passed by the Estat
India Law Library Docid # 2424258

(280) SACHIN DHONDIRAM CHAVAN Vs. TRUPTI SACHIN CHAVAN[BOMBAY HIGH COURT] 26-03-2025
Hindu Marriage Act, 1955 — Section 13-B — Divorce by Mutual Consent — Withdrawal of Consent — Distinction between Original and Converted Petitions — A distinction exists regarding the unilateral withdrawal of consent in petitions for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 — While consent can generally be withdrawn unilaterally in a petition originally filed under Section 13-B until the decree is passed, the situation differs if the petition was initially
India Law Library Docid # 2424278