(281) MORRIES ENERGIES LIMITED Vs. SUMIT AGARWAL AND OTHERS[BOMBAY HIGH COURT] 26-03-2025 Negotiable Instruments Act, 1881 — Section 141 — Vicarious Liability of Directors/Officers — Requirements — For fastening vicarious liability on a director or officer of a company accused of an offence under Section 138, the complainant must establish that such person falls under either sub-section (1) or sub-section (2) of Section 141 — Sub-section (1) requires the person to be “in charge of, and responsible to the company for the conduct of the business of the company” at the time the offence India Law Library Docid # 2424298
(282) SMT. S.SAVITHRAMMA Vs. SMT.S.PADMAVATHAMMA AND OTHERS[KARNATAKA HIGH COURT] 26-03-2025 Evidence Act, 1872 — Section 85 — Presumption as to Powers of Attorney — Execution and Authentication by Notary Public — Section 85 creates a mandatory presumption (“shall presume”) regarding the due execution and authentication of a document purporting to be a power of attorney, provided it is executed before and authenticated by a Notary Public (or other specified authorities) — Once the original notarized power of attorney is produced, the burden shifts to the party disputing its validity to India Law Library Docid # 2424356
(283) N.S. KRISHNAMOORTHI AND OTHERS Vs. THE DISTRICT COLLECTOR, KRISHNAGIRI DISTRICT AND OTHERS[MADRAS HIGH COURT] 26-03-2025 Land Law — Grama Natham — Nature and Ownership — Occupied vs. Unoccupied — Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905) — Section 2 — Grama Natham land, historically set apart for village habitation, does not automatically vest with the Government under Section 2 of Act III of 1905 if it is occupied as a house-site or backyard — Such occupied Natham, where occupation has been longstanding and recognized through transactions, is considered the private property of the occupant — Only u India Law Library Docid # 2424458
(284) T.C. BALAKRISHNAN NAIR (DIED) Vs. BIJU RAMESH AND OTHERS[KERALA HIGH COURT] 26-03-2025 Limitation Act, 1963 — Article 59 — Suit to Cancel or Set Aside Instrument — Commencement of Limitation Period for Executant — For a suit seeking cancellation or setting aside of an instrument (or a declaration that it is sham, which is akin to setting aside) governed by Article 59 of the Limitation Act, the limitation period is three years — When the suit is filed by the executant of the instrument, the time from which the period begins to run (“when the facts entitling the plaintiff to have th India Law Library Docid # 2424587
(285) A.K. SAMSUDDIN AND OTHERS Vs. UNION OF INDIA AND OTEHRS[KERALA HIGH COURT] 26-03-2025 Prevention of Money-Laundering Act, 2002 (PMLA) — Section 3 — Offence of Money Laundering — Continuing Offence — Article 20(1) Constitution of India, 1950 — Retrospectivity — The offence of money laundering under Section 3 of the PMLA is a continuing offence — Criminal proceedings under Section 3 are maintainable even if the predicate (scheduled) offence was committed before the PMLA came into force or before the specific predicate offence was included in the Schedule to the PMLA, provided that India Law Library Docid # 2424588
(286) SUNHER PUDO AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 26-03-2025 Penal Code, 1860 — Section 149 — Unlawful Assembly — Vicarious Liability in Naxal Attack — In cases involving offences committed by members of an unlawful assembly, such as a Naxalite attack resulting in murder, Section 149 IPC imposes vicarious liability — Proof that an accused was present as a member of the unlawful assembly sharing the common object (which can be inferred from circumstances like being armed, presence near the scene, and collective actions like shouting slogans post-incident) India Law Library Docid # 2424684
(287) BHANU PRATAP SINGH AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 26-03-2025 Chhattisgarh Rajya Anusuchit Janjati Ayog (Sanshodhan) Adhiniyam, 2020 — Section 4(1) — Appointment at the Pleasure of Government — Removal — Where an appointment to a statutory post, such as Chairperson or Member of the Chhattisgarh Rajya Anusuchit Janjati Ayog, is explicitly made “during the pleasure of the State Government” as per Section 4(1) of the Adhiniyam, 2020, and the appointment order itself reflects this condition, the holder of the office can be removed at any time by the Government India Law Library Docid # 2424698
(288) UNION OF INDIA AND OTHERS Vs. M/S JAGDALPUR MOTORS THROUGH DIRECTOR, SHRI NIRAJ SHARMA AND OTHERS[CHHATTISGARH HIGH COURT] 26-03-2025 Central Goods and Services Tax Act, 2017 — Section 140 — Central Goods and Services Tax Rules, 2017 — Rules 117 & 120A — Transitional Credit (CENVAT) — Revision of FORM GST TRAN-1 — The right to carry forward accumulated CENVAT credit from the pre-GST regime into the GST regime is a vested right, akin to property under Article 300A of the Constitution — Rule 120A of the Central GST Rules explicitly permits a registered person to revise the electronically submitted FORM GST TRAN-1 declaration onc India Law Library Docid # 2424699
(289) MANDAVA SRINVIAS RAO Vs. EDUPUGANTI UDDANDI RAMA RAO[TELANGANA HIGH COURT] 26-03-2025 Specific Relief Act, 1963 — Section 28(1) — Extension of time for payment — Judicial Discretion — While the Court retains jurisdiction post-decree in a specific performance suit and possesses discretion under Section 28(1) to extend the time for payment of purchase money, such discretion must be exercised judiciously, based on sound legal principles and satisfactory reasons, not as a matter of course or arbitrarily. India Law Library Docid # 2424761
(290) XXXX Vs. XXXX[TELANGANA HIGH COURT] 26-03-2025 Hindu Marriage Act, 1955 — Section 11 & Section 5(i) — Void Marriage — Bigamy — A marriage solemnized between two Hindus is void ab initio if either party had a spouse living at the time of the marriage, unless the case falls under the exception of a valid customary divorce. India Law Library Docid # 2424745
(291) PALADUGU RAGHURAM Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 26-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope — The power to quash criminal proceedings should be exercised sparingly — The Court, at the initial stage, primarily examines whether the uncontroverted allegations prima facie establish the offence — Meticulous examination of evidence or assessing probability of conviction is impermissible. India Law Library Docid # 2424781
(292) M. RAJENDAR Vs. HIGH FOR THE STATE OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH REP. BY ITS REGISTRAR (VIGILANCE)[TELANGANA HIGH COURT] 26-03-2025 Service Law — Disciplinary Proceedings — Judicial Review (Art. 226) — Scope and Limitations — Judicial review of disciplinary proceedings is concerned with the legality and fairness of the decision-making process, not the correctness of the decision itself — Courts do not act as an appellate authority to re-appreciate evidence. India Law Library Docid # 2424782
(293) SONIA Vs. DIVESH KHULLAR[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Definition — Cruelty, as a ground for divorce, encompasses conduct that causes reasonable apprehension in the petitioner’s mind that it will be harmful or injurious to live with the other party — It can be physical or mental, and its assessment depends on the specific facts, circumstances, and social context of the parties involved — There is no exhaustive definition, but it must be grave and substantial India Law Library Docid # 2425017
(294) HARBHAJAN KAUR AND ANOTHER Vs. KULDEEP SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Deduction for Personal Expenses — Where the deceased aged 40 was married and survived by dependents requiring a 1/4th deduction (as per Sarla Verma principles), the application of a 1/3rd deduction by the Tribunal constitutes an error requiring correction. India Law Library Docid # 2425018
(295) MANJU BALA Vs. RAJ KUMAR[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Hindu Marriage Act, 1955 — Section 24 — Maintenance Pendente Lite — Purpose — The objective of Section 24 is to provide financial support to a spouse lacking sufficient independent income to maintain themselves and cover litigation expenses during the pendency of matrimonial proceedings, ensuring they are not financially handicapped — It is not intended to equalize incomes or provide maintenance commensurate with the other spouse’s lifestyle if the applicant can India Law Library Docid # 2425013
(296) PUNJAB STATE ELECTRICITY BOARD Vs. HARBHAJAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Service Law — Promotion — Quota Rule — Judicial Precedent — Judgments of lower courts decreeing a suit for deemed promotion based on the premise that a quota rule differentiating between diploma and non-diploma holders is discriminatory, relying on the decision in Punjab State Electricity Board vs. Ravinder Kumar Sharma (1986) 4 SCC 617, are unsustainable and contrary to law, as the Ravinder Kumar Sharma judgment was subsequently overruled by a Larger Bench of the Supreme India Law Library Docid # 2425014
(297) JASWANT KAUR Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Criminal Procedure Code, 1973 — Section 319 — Summoning Additional Accused — Standard — The power under Section 319 Cr.P.C. enables the trial court to summon a person not initially charge-sheeted if evidence emerging during trial suggests their involvement — The required standard is higher than the prima facie view needed for charge framing but less than the certainty required for conviction. India Law Library Docid # 2425015
(298) KALA Vs. THE FEROZEPUR PRIMARY CO-OPERATIVE AGRICULTURE DEVELOPMENT BANK LIMITED[PUNJAB AND HARYANA HIGH COURT] 26-03-2025 Negotiable Instruments Act, 1881 — Sections 118 & 139 — Presumption — Upon admission of the signature on a cheque, a presumption arises under Section 139 that the cheque was issued for the discharge of a legally enforceable debt or liability — Further, under Section 118(a), it is presumed that the negotiable instrument was made for consideration — The burden to rebut these presumptions lies upon the accused. India Law Library Docid # 2425016
(299) M/S HOTLINE FASHION INDIA PVT. LTD. Vs. M/S SENTINEL CONSULTANTS PVT. LTD. AND OTHERS[DELHI HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 (CPC) — Order 21 Rule 97, Section 151 — Execution of Decree — Objections by Third Party — Resistance to Possession — Independent Right and Title Claim — Execution First Appeal preferred by appellant-objector challenging Executing Court's order dated 08.07.2023, dismissing its application under Order XXI Rule 97 CPC resisting execution of a specific performance decree concerning basement property No. A-249, Defence Colony, New Delhi. India Law Library Docid # 2423968
(300) SURESH KUMARI Vs. REGISTRAR OF COMPANIES AND OTHERS[DELHI HIGH COURT] 25-03-2025 Insolvency and Bankruptcy Code, 2016 — Section 18 — Assets of Corporate Debtor — Property Law — Real Estate Project — Rights of Homebuyers — Where a National Company Law Tribunal, in a decision subsequently revived and upheld by the Supreme Court, conclusively determined that a Corporate Debtor involved in a real estate project acted merely as a contractor and possessed no right, title, or interest in the project land or the units constructed thereon, with ownersh India Law Library Docid # 2423969