(81) KONAPALA ANNAJEE RAO AND ANOTHER Vs. STATE OF ANDHRA PRADESH AND ANOTHER[ANDHRA PRADESH HIGH COURT] 02-01-2025 Bharatiya Nyaya Sanhita, 2023 — Sections 126(2), 308(2), 351(2) and 3(5) — Quashing of Criminal Proceedings — Voluntary compromise between Parties — Whether the court should quash the criminal proceedings against the petitioners, given that they had reached a compromise with the complainant — The petitioners argued for the quashing of the proceedings based on the compromise reached with the complainant — The complainant also confirmed this compromise in court — The court reasoned that since a co India Law Library Docid # 2421400
(82) SAURABHKUMAR S. PATEL AND ANOTHER Vs. BABURAY PUNDALIK SALUNKE AND ANOTHER[BOMBAY HIGH COURT] 02-01-2025 Insolvency and Bankruptcy Code, 2016 — Section 14 — In a suit for specific performance of a flat agreement against a developer (Defendant No. 1) who later entered Corporate Insolvency Resolution Process (CIRP), the Trial Court stayed proceedings under the Insolvency and Bankruptcy Code (I&B Code) moratorium — Subsequent purchasers (Defendant Nos. 2 and 3) challenged the stay, arguing they were bona fide and not part of the insolvency proceedings — The court ruled that the stay applied to all d India Law Library Docid # 2421407
(83) NAVNATH DATTATRAY LOKHANDE AND OTHERS Vs. KUNAL VIKRAM SAWANT AND OTHERS[BOMBAY HIGH COURT] 02-01-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Plaintiffs sought to cancel a 2018 sale deed between Defendant No. 1 and Defendant Nos. 3 to 5, and obtain an injunction, citing a prior 2014 registered agreement and power of attorney, and a 2016 injunction against Defendant No. 1 — Defendant Nos. 3 to 5 argued the prior agreement was invalid and the injunction didn't apply — The court found triable issues based on the sequence of agreements, the injunction, and discrepancies in the sale dee India Law Library Docid # 2421408
(84) SHRI. KISHOR RAMJI PATEL AND OTHERS Vs. SUNANDA SUDHAKAR CHOUGHULE AND OTHERS[BOMBAY HIGH COURT] 02-01-2025 Court Fees Act, 1870 — Section 6(iv)(j) — In a Civil Revision Application, the court upheld the Trial Court's rejection of an application to dismiss a suit seeking partition, possession, injunction, and declaration of a property — The original Defendants argued the suit was barred by res judicata and outside the limitation period, but the court found that the previous suit's dismissal for injunction did not prevent a new suit for broader reliefs granted by the High Court — The court also confir India Law Library Docid # 2421409
(85) T.A.N.MOORTHY Vs. C.K.NARAYAN AND ANOTHER[BOMBAY HIGH COURT] 02-01-2025 Negotiable Instruments Act, 1881 — Section 138 — Appeal against an acquittal for dishonored cheques, the court upheld the trial court's decision, finding that the complainant failed to sufficiently prove a legally enforceable debt — Despite claims of two cheques totaling Rs. 49,83,836, the court noted inconsistencies in the complainant's evidence, including unproven agreements with third parties and a lack of pursuit in a summary suit — The accused's defense that the cheques were blank and misus India Law Library Docid # 2421410
(86) SMT. SARANGA ANIL KUMAR AGGARWAL Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 02-01-2025 Maharashtra Regional and Town Planning Act, 1966 — Section 40 — Developer seeking additional Transferable Development Rights (TDR) under a Slum Rehabilitation Scheme, the court dismissed the petition, ruling that the developer was not entitled to benefits under the new Development Control and Promotion Regulations, 2034 (DCPR 2034) without converting the entire scheme — The court found that the Tripartite Agreements stipulated that prevailing regulations take precedence, and the developer did no India Law Library Docid # 2421411
(87) SPECIAL LAND ACQUISITION OFFICER (3) MUMBAI SUBURBAN DISTRICT Vs. JAYANTILAL P. SHAH AND OTHERS[BOMBAY HIGH COURT] 02-01-2025 Land Acquisition Act, 1894 — Section 30 — In a land acquisition case for an MTNL exchange, the court determined the fair market value of the land acquired in 1994 to be Rs. 16,360 per square meter, using the Comparable Sales Method and rejecting the acquiring body's claim to deduct leveling expenses incurred 10 years later — The court accepted one of the claimants' sale instances and adjusted the expert's valuation, granting statutory benefits and directing the Special Land Acquisition Officer t India Law Library Docid # 2421422
(88) RAJESHKUMAR CHHAJURAM KUNDU Vs. SHANTILAL NANJI MEENA AND OTHERS[GUJARAT HIGH COURT] 02-01-2025 Motor Accident Claims — Future prospects and the actual loss of earning capacity — In cases of motor vehicle accidents, when determining compensation, the court should consider future prospects and the actual loss of earning capacity of the injured party — In this specific case, the claimant, a 21-year-old truck driver, suffered severe injuries including the amputation of his right leg due to a negligent vehicle accident — The court found that the lower tribunal had erred in calculating compensa India Law Library Docid # 2421465
(89) GHANSHYAMSINH SURAJSINH ZALA Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 02-01-2025 Service Law — Second higher pay scale — Employee who received their first higher pay scale after completing nine years of service, as per the Government Resolution dated 16.08.1994, is eligible for a second higher pay scale after completing 15 years of service from the date of receiving the first higher pay scale, according to Government Resolution dated 02.07.2007 — This benefit is applicable even if the employee has received promotions — The court also held that denial of this accrued right co India Law Library Docid # 2421468
(90) SHREE JANKI RAMAN MANDIR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 02-01-2025 Madhya Pradesh Public Trusts Act, 1951 — Section 5 — In the dispute over the nature of temples, the court ruled that the temples are public trusts, rejecting the appellant's claim that they are private — The decision was based on evidence showing public worship, active village management, and the Collector's listed management in revenue records, aligning with legal precedents that emphasize public access and management as determinants of temple status — The court found no perversity in the lower India Law Library Docid # 2421453
(91) ORIENTAL INSURANCE COMPANY LIMITED Vs. SMT. HEERA SAHU AND OTHERS[CHHATTISGARH HIGH COURT] 02-01-2025 Motor Accident Claims — The Oriental Insurance Company faced two appeals against compensation awards related to a similar accident — The company argued that the driver's license was not endorsed for a transport vehicle and the compensation awarded was excessive — The claimants argued that the vehicle's weight did not require a special endorsement and cited legal precedents — The court ruled that a license for a light motor vehicle (LMV) is sufficient for driving a transport vehicle if its unlade India Law Library Docid # 2421454
(92) SURAJ SHAH AND ANOTHER Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 02-01-2025 Penal Code, 1860 (IPC) — Sections 120B, 420,4 67, 468 and 471 — Remand of Case — Dispute over the manipulation of land records to facilitate an illegal sale — The central issue was whether the Appellate Court was correct in ordering a retrial after the trial court had acquitted the accused — The applicants, accused of forging documents, argued that the Appellate Court should have assessed the evidence themselves and that a retrial would cause prejudice — The prosecution contended that the trial India Law Library Docid # 2421504
(93) ASHOK AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 02-01-2025 Penal Code, 1860 (IPC) — Section 306 — Abetment to Suicide — The court emphasised that there must be a direct or indirect act of incitement that led the deceased to commit suicide — The court also stressed that mere harassment or demanding fees does not constitute abetment — The court also noted that, if a person commits suicide due to their own hypersensitivity, and the actions of the accused would not typically cause someone to commit suicide, the accused cannot be held guilty of abetment — In India Law Library Docid # 2421505
(94) PUNEET MAHAJAN Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 01-01-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21 and 37 — Bail — The applicant claimed innocence, arguing that the contraband recovered did not qualify as a commercial quantity, thus Section 37's rigors were inapplicable — The police, however, presented evidence of prior cases against the applicant and the recovery of heroin — The court noted the police's failure to update records and verify the applicant's acquittal in a previous case — Concluding that the trial's conclusion India Law Library Docid # 2421358
(95) NEELAM KAPOOR AND OTHERS Vs. PURAN CHAND AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 27-12-2024 Motor Vehicles Act, 1988 — Section 173 — Plying of Vehicle Without Registration — Using a motor vehicle on public roads without proper registration constitutes a fundamental breach of the insurance policy — Since the vehicle in question was being driven without a valid registration certificate at the time of the accident, the insurance company is not liable to pay compensation. India Law Library Docid # 2421219
(96) PARMOD SINGH AND OTHERS Vs. JITENDER SINGH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 27-12-2024 Civil Procedure Code, 1908 (CPC) — Section 152 — Scope of — The court clarified that Section 152 CPC allows for the correction of accidental slips or omissions in judgments, decrees, or orders, including clerical and arithmetical mistakes — However, it does not permit modifications that affect the substantive merits of the case or alter the judicial decision's intent. India Law Library Docid # 2421220
(97) STATE OF H.P. Vs. TEJ RAM[HIMACHAL PRADESH HIGH COURT] 26-12-2024 Penal Code, 1860 (IPC) — Section 302 — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2) (v) — Murder — Acquittal Based on Circumstantial Evidence — The High Court upheld the trial court's acquittal of the accused primarily because the prosecution relied on circumstantial evidence — For a conviction based on circumstantial evidence, the circumstances must form a complete chain that leaves no reasonable doubt about the accused's guilt India Law Library Docid # 2421221
(98) VIKRAM SINGH AND ANOTHER Vs. RATTAN LAL AND OTHERS[HIMACHAL PRADESH HIGH COURT] 26-12-2024 Civil Procedure Code, 1908 (CPC) — Jurisdictional Limits of Section 151 CPC — The trial court cannot exceed its jurisdiction by using Section 151 of the Code of Civil Procedure (CPC) to implement a status quo order without conducting a proper factual inquiry into the circumstances prevailing as of the date of the order — Section 151 is not a substitute for the regular procedural mechanisms and cannot be employed to introduce new controversies or decide them without adequate evidence. India Law Library Docid # 2421222
(99) UNITED INDIA INSURANCE COMPANY LIMITED Vs. KIRNA DEVI & OTHERS[HIMACHAL PRADESH HIGH COURT] 24-12-2024 Motor Vehicles Act, 1988 — Sections 26 and 173 — Liability of Insurance Company — Insurance company is liable to pay compensation to the claimants in a motor accident case when it fails to provide legally admissible evidence that the driver of the insured vehicle did not possess a valid driving license at the time of the accident — The court found that the insurance company's evidence regarding the driving license was unreliable as the register presented lacked official stamps and proper paging India Law Library Docid # 2421223
(100) DEVENDER SHARMA AND OTHERS Vs. KANTA DEVI[HIMACHAL PRADESH HIGH COURT] 23-12-2024 Negotiable Instruments Act, 1881 — Sections 138 and 141 — A complaint under Section 138 against the directors or other officers of a company is not maintainable if the company itself is not arraigned as an accused — This principle is based on the concept of vicarious liability under Section 141 of the Act, which stipulates that the company must be prosecuted first before its officers can be held liable — The court emphasizes that a company, being a juristic person, has its own legal standing, an India Law Library Docid # 2421224