(101) M.J.J. SHARMA AND CO. Vs. M/S. CHOPARA TYRES AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-11-2025 Madhya Pradesh Accommodation Control Act, 1961 — Section 12(1)(b) — Eviction on grounds of unlawful subletting or parting with possession — Essential ingredients — Requirement for proving subletting necessitates establishing both: (i) exclusive right of possession or interest in the premises transferred to a third party, and (ii) that the transfer was in exchange for monetary compensation or rent — Mere presence of a person other than the tenant, multiple business names, or signboards related to India Law Library Docid # 2435701
(102) SMTNANDA AMRUTPIRDURKAR AND ANOTHER Vs. PRINCE RAJAK AND ANOTHER[MADHYA PRADESH HIGH COURT] 04-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 394(2) — Abatement of Appeal on Death of Accused — Effect on Trial Court Judgment — An appeal filed by an accused (convicted under Section 138 of N.I. Act with simple imprisonment and compensation, but no fine) that abates upon the death of the accused does not nullify or extinguish the judgment of conviction and sentence passed by the Trial Court. The Trial Court's India Law Library Docid # 2435702
(103) RAMAUTIN KURRE Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 04-11-2025 Service Law — Disciplinary Proceedings — Departmental Appeal — Requirement of Reasoned Order — Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (CCA Rules), Rule 27(2) — An Appellate Authority exercising quasi-judicial power under Rule 27 must pass a speaking and reasoned order, demonstrating independent evaluation of the record and considering mandatory matters: whether procedure was duly complied with, India Law Library Docid # 2435836
(104) STATE OF MADHYA PRADESH (NOW CHHATTISGARH) Vs. RAJANO AND OTHERS[CHHATTISGARH HIGH COURT] 04-11-2025 Evidence Act, 1872 — Section 32(2) — Admissibility of Post-Mortem Report — An accused cannot be acquitted solely because the Doctor who conducted the post-mortem was not examined, especially when the report was admitted by the accused under Section 294 Cr.P.C. (Paras 40, 42). If the Doctor is unavailable, the post-mortem certificate is relevant and admissible under Section 32(2) of the Evidence Act as a statement made in India Law Library Docid # 2435837
(105) LAXMI RANI DAS AND ANOTHER Vs. ANJALI DAS AND ANOTHER[CALCUTTA HIGH COURT] 03-11-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Amendment of written statement — Proviso clause — Amendment sought after commencement of trial — Applicability of proviso — Inordinate delay and absence of due diligence — Court's jurisdiction — Amendment in written statement can be allowed India Law Library Docid # 2435145
(106) FRANCOM VENTURES (OPC) PVT. LTD. Vs. SHAMPA DAS AND OTHERS[CALCUTTA HIGH COURT] 03-11-2025 Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Plaintiff must demonstrate continuous readiness and willingness to perform essential terms of the contract from the date of the contract — Onus of proof lies on the plaintiff — Amendment to Section 16(c) omits necessity to aver in plaint but still requires proof of India Law Library Docid # 2435146
(107) STATE OF PUNJAB Vs. AMARJIT KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Interference standard — Acquittal orders should not be interfered with lightly as presumption of innocence is strengthened by acquittal — Interference is warranted only in compelling circumstances where findings are perverse, unreasonable, or India Law Library Docid # 2435207
(108) ANUJ SHARMA Vs. STATE OF RAJASTHAN THROUGH PP AND OTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-11-2025 Penal Code, 1860 (IPC) — Section 497 — Adultery — Constitutional Validity — Section 497 IPC declared unconstitutional by Supreme Court in Joseph Shine v. Union of India — Violates Articles 14, 15 and 21 of the Constitution — This declaration operates retrospectively, invalidating all pending prosecutions under this section. India Law Library Docid # 2435175
(109) DALIP SINGH Vs. BALJIT AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Punjab Courts Act, 1918 — Section 41 — Regular Second Appeal — Scope — In Punjab and Haryana, second appeals are treated as appeals under Section 41 of the Punjab Courts Act, 1918, not under Section 100 of the Code of Civil Procedure — No substantial question of law arises for framing in such appeals based on established legal propositions. India Law Library Docid # 2435264
(110) MANSA RAM AND OTHERS Vs. JASMER SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Pre-emption — Right of pre-emption — Nature of — A weak right, which can be overcome by legitimate means such as waiver or estoppel enacted by the preemptor. India Law Library Docid # 2435265
(111) HARYANA STATE THROUGH COLLECTOR, HISAR AND ANOTHER Vs. RAJA RAM[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Punjab Courts Act, 1918 — Section 41 — Regular Second Appeal — Power to dispose of common judgments and decrees — Appeals arising from common judgments and identical questions of law and fact can be decided collectively by way of a single, composite judgment for judicial economy and consistency. India Law Library Docid # 2435266
(112) USHA CHOPRA AND OTHERS Vs. LIC AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Insurance Act, 1938 — Section 45 — Policy not to be called in question after three years — Contract of life insurance is based on the principle of "utmost good faith" (uberrima fides) — Silence on a material fact that could affect the risk is considered a breach of this good faith — Insured is required to make truthful declarations regarding health in the proposal form, especially for non-medical policies where the India Law Library Docid # 2435267
(113) BALDEV SINGH Vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025 Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Tribunal — Compensation — Liability of owner and insurer — Accident occurred at 2 PM, insurance policy commenced at 4:28 PM on the same day — Vehicle was not insured at the time of the accident — Tribunal rightly held the owner liable for compensation. India Law Library Docid # 2435268
(114) RAMESH PAL AND OTHERS Vs. IDFC FIRST BANK LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-11-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 17(1) — Application to Debt Recovery Tribunal (DRT) — Limitation Act, 1963 — Applicability of Section 5 (Condonation of Delay) and Sections 4 to 24 (Computation of Period) — The DRT is the only competent forum for the borrower to challenge measures taken by a secured creditor under Section 13(4) and seek restoration of property, as the jurisdiction of Civil Courts is barr India Law Library Docid # 2435703
(115) PRAHLAD PRASAD RATHOUR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 03-11-2025 Service Law — Termination — Appointment to post of Food Inspector (Ex-Serviceman quota) — Termination after five years of service based on police verification report disclosing involvement in criminal cases registered in 2002 (before recruitment) and subsequent acquittal/compromise in 2007 (before appointment) — Termination upheld by Single Judge on grounds of suppression of material fact (criminal history) and India Law Library Docid # 2435835
(116) B. K. GHOSH AND OTHERS Vs. STEEL AUTHORITY OF INDIA AND OTHERS[CHHATTISGARH HIGH COURT] 03-11-2025 Lease Renewal — Leasehold rights over property of Steel Authority of India Limited (SAIL) — Right to renewal — Petitioners seeking renewal of 30/33 year leases on plots in Bhilai Steel Plant Township on original terms, challenging the imposition of “Applicable Land Premium” and enhanced charges by SAIL under its 2008 Board Resolutions — Held: Renewal of lease is a fresh grant, not an automatic or vested right of lessee — Renewal is contingent upon mutual agreement and India Law Library Docid # 2435867
(117) MR. ALPHONSA SALDANA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 03-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 311 — Evidence Act, 1872 — Section 45 — Expert Opinion — Power to summon material witness — Application seeking expert opinion from Forensic Psychiatry Department (NIHMANS) regarding accused's mental state for defence of insanity — Trial court's discretion — Court may entertain application under Section 45 only if deemed necessary — Opinion of experts is India Law Library Docid # 2435877
(118) STATE OF RAJASTHAN AND ORS Vs. NARESH CHANDRA PATEL[RAJASTHAN HIGH COURT] 01-11-2025 Teacher Grade III, Level-I recruitment — Candidate's claim for consideration based on graduation mark-sheet after initial application based on Senior Secondary qualification — Court held non-disclosure of graduation qualification at the time of application and subsequent belated claim to be invalid grounds for relief. India Law Library Docid # 2435161
(119) SURENDRA SHARMA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing adverse remarks — High Court can exercise inherent powers to expunge adverse remarks against an individual, including a police officer, to prevent abuse of process or secure ends of justice, but this power is exceptional and to be exercised in exceptional cases. India Law Library Docid # 2435173
(120) M/S DAULAT AND CO. AND OTHER Vs. THE UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-11-2025 Central Excise Act, 1944 — Sections 11A(1)(a), 11A(4) — Show cause notice — Limitation — Petitioners challenged show cause notice on grounds that it was beyond limitation and issued under the wrong Act — Petitioners claimed to be traders, not manufacturers, receiving goods from others and collecting GST — Authorities alleged petitioners misrepresented themselves as manufacturers and evaded GST — India Law Library Docid # 2435174