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(301) PURSHOTTAM SINDHI AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-04-2025
Penal Code, 1860 (IPC) — Section 304B — Indian Evidence Act, 1872 — Section 113B — Dowry Death — Pre-requisites for Conviction and Presumption — To establish the offence of dowry death under Section 304B IPC and to invoke the statutory presumption under Section 113B of the Evidence Act, the prosecution must first prove beyond reasonable doubt that soon before her death, the deceased woman was subjected to cruelty or harassment by her husband or his relatives for, or in connection with, any deman
India Law Library Docid # 2425440

(302) CHITARMAL YADAV AND OTHERS Vs. SMT. DEEPTI SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-04-2025
Specific Relief Act, 1963 — Section 16 — Specific Performance of Contract — Lack of Title in Vendor — Effect of Setting Aside Foundational Mutation Entry — Where the vendors’ (defendant Nos. 1 and 2) claim to khatedari rights over the suit property was based solely on a mutation entry dated 17.05.1989, which was subsequently set aside in revenue proceedings vide order dated 26.12.2008 upon finding that the said entry was forged and title rightfully belonged to another (defendant No. 4, tracing t
India Law Library Docid # 2425441

(303) FIROZ KHAN Vs. CHAIN SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 23-04-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Proof Required — For a suit for specific performance of a contract for sale, the plaintiff must plead and prove continuous readiness and willingness to perform their part of the contract — “Readiness” refers to financial capacity, while “willingness” refers to the conduct of the plaintiff wanting performance — Failure to prove availability of funds or a consistent intent to perform, especially when coupled with prior conduct
India Law Library Docid # 2425532

(304) DHARAM PAL AND OTHERS Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 23-04-2025
Land Acquisition Act, 1894 — Section 23(1) and Section 25 — Determination of Market Value — Admissibility of State’s Sale Deeds — Principle in Lal Chand vs. Union of India, (2009) 15 SCC 769 — In determining the market value of acquired land, sale deeds produced by the State are required to be taken into account, even if they reflect a price lower than the amount offered by the Land Acquisition Collector — The exclusion of such sale deeds by the Reference Court on the ground that they show a low
India Law Library Docid # 2425545

(305) SACHIN AHLAWAT Vs. CENTRAL BUREAU OF INVESTIGATION[PUNJAB AND HARYANA HIGH COURT] 23-04-2025
Prevention of Corruption Act, 1988 — Section 19 — Sanction for prosecution —Penal Code, 1860 — Section 120-B — Criminal Conspiracy — Whether a public servant, against whom sanction for prosecution under the PC Act has been expressly declined by the competent authority (which denial has not been challenged), and who is not charged with any independent substantive offence under the IPC, can nonetheless be prosecuted solely for criminal conspiracy under Section 120-B IPC, when the sole object of th
India Law Library Docid # 2425546

(306) SUNANDA SHARMA Vs. BAHURA DEVI CHOUBEY AND OTHERS[CHHATTISGARH HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Order 16 Rule 2 — Application for summoning witness not in list — Whether maintainable — Trial Court rejected application to examine Sub-Registrar (not a listed witness) on the ground that the witness was not in the list of witnesses — Order 16 Rule 1A permits parties to bring witnesses without summons subject to Order 16 Rule 1(3) — Order 16 Rule 1(3) allows the court to permit a party to call an unlisted witness for sufficient cause — These rules are not in derogat
India Law Library Docid # 2425667

(307) VIJAY KERKETTA AND ANOTHER Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 370 (as amended by Criminal Law (Amendment) Act, 2013) — Section 370(4) — Applicability of amended provision — Criminal Law (Amendment) Act, 2013 came into force w.e.f. 03.02.2013, introducing Section 370(4) prescribing life imprisonment for trafficking for exploitation etc. — Alleged offence committed twelve years prior to lodging of FIR (09.06.2015) — Charges framed under amended Section 370(4) on 20.11.2015 — Conviction under Section 370(4) — Illegality and constitu
India Law Library Docid # 2425668

(308) PRADEEP JAIN Vs. M.D.TIWARI AND OTHERS[CHHATTISGARH HIGH COURT] 23-04-2025
Malicious Prosecution — Claim for compensation — Essential ingredients are showing that the proceedings were malicious, without reasonable and probable cause, terminated in plaintiff’s favour, and caused damage — Onus on plaintiff to prove absence of reasonable and probable cause, though slight evidence may discharge this — Mere innocence is insufficient, and malice alone does not infer lack of reasonable cause — Malice requires proof of spite, ill will, or improper motive.
India Law Library Docid # 2425669

(309) PRAHLAD RATHOUR Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 23-04-2025
Criminal Procedure Code, 1973 (now Bharatiya Nagarik Suraksha Sanhita, 2023) — Section 528 (formerly Section 482) — Inherent power of High Court — Quashing of proceedings — Limitation — Adjudication of questions of fact, appreciation of evidence, or examining reliability/credibility of versions do not fall within the ambit of Section 528
India Law Library Docid # 2425670

(310) SUNA RAM UIKEY Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 302 — Murder — Throttling — Death due to respiratory failure from asphyxia caused by throttling, homicidal nature of death proved by medical evidence (postmortem report indicating extravasation under neck bruise and fractured hyoid bone).
India Law Library Docid # 2425671

(311) DOMAR SINGH VERMA Vs. RAJARAM BAGHEL AND ANOTHER[CHHATTISGARH HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 and 2 — Temporary injunction — Suit for Specific Performance of Contract — Essential ingredients for grant of temporary injunction are prima-facie case, strong likelihood of success, and a valid and enforceable contract — Burden on plaintiff to establish defendant’s obligation and validity of contract — Temporary injunction cannot be granted where facts are disputed by the defendant, creating doubts as to the existence of a concluded contract — Delay
India Law Library Docid # 2425672

(312) TSEWANG RIGZIN Vs. LADAKH AMCHI SABHA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 23-04-2025
Constitution of India — Article 227 — Supervisory jurisdiction of High Court over subordinate courts and tribunals — Alternative statutory remedy of appeal — Principles governing exercise of jurisdiction — High Court’s power is discretionary and to be exercised sparingly, generally limited to preventing subordinate courts from exceeding their authority or ensuring law is followed — Interference is warranted only in cases of patent perversity, gross and manifest failure of justice, or violation o
India Law Library Docid # 2425817

(313) JUNGSHER Vs. ANITA DEVI[HIMACHAL PRADESH HIGH COURT] 23-04-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Burden of proof — Presumption under Section 139 — When accused raises a probable defence casting doubt on complainant’s case or financial capacity, burden shifts to complainant to prove financial capacity and other relevant facts.
India Law Library Docid # 2425893

(314) RAMESHBHAI GANDUBHAI GUJARATI AND OTHERS Vs. SHANTABEN KESHUBHAI GUJARATI AND ANOTHER[GUJARAT HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Appeal — Limitation — Condonation of delay — Section 5 of Limitation Act, 1963 — Sufficient Cause — Negligence or inaction — Absence of bona fides — Defendants in suit filed written statement but did not participate further, leading to ex parte decree after evidence by plaintiff — Appeal filed 7 years and 6 months later — Application for condonation of delay citing unawareness of decree until mutation entry in revenue records 7 years
India Law Library Docid # 2425994

(315) MD. NASIR ALI @ NASIRUDDIN AHMED Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 376(2)(i) — Rape — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault against child — Evidence — Statements under Section 164 Cr.P.C. — Admissibility under Section 32 of Evidence Act — Victim deceased and unable to depose — Absence of eye-witnesses — Trial Court’s reliance on victim’s Section 164 statement as substantive evidence under Section 32 of
India Law Library Docid # 2426204

(316) ORIENTAL INSURANCE COMPANY LTD. Vs. SRI. PARTHA PRATIM HAZARIKA AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Motor Vehicles Act, 1988 — Section 173(1) — Motor Accident Claim — Injury Case — Compensation — Assessment of — Delay in filing FIR and obtaining disability certificate not necessarily rendering claim fraudulent or untrue — Accident proved by evidence of claimant, medical officer, exhibited medical documents, accident report, and charge sheet — Rash and negligent driving of offending vehicle
India Law Library Docid # 2426205

(317) SAFINA KHATUN AND OTHERS Vs. MOINUR ALI AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Section 47 — Execution of Decree — Questions to be determined by the Court executing decree — Scope and limitations — Executing court’s powers under Section 47 are microscopic and limited to questions of execution, discharge, or satisfaction of the decree — Executing court cannot go behind the decree or examine its validity unless the order allowing execution is without jurisdiction — Validity of decree must be challenged in a properly constituted suit or other avail
India Law Library Docid # 2426206

(318) M/S DEEPAK AND CO THROUGH ITS PARTNER SMT POONAM PORWAL Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND ANOTHERS[DELHI HIGH COURT] 22-04-2025
Tender — Integrity Pact (Annexure ‘G’) — Deficiency — Absence of Witness Signatures — Rectification Post Bid Opening — Permissibility — Discussion on whether permitting a bidder (Respondent No. 2) to rectify the deficiency of missing witness signatures on the submitted Integrity Pact (Annexure ‘G’) after the opening of financial bids vitiates the tender process. Consideration of the nature of the Integrity Pact as a document signifying compliance in anticipation of the award, rather than purely
India Law Library Docid # 2424862

(319) DALBIR SINGH AND ANOTHER Vs. M/S. KRISAM PROPERTIES PRIVATE LIMITED[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Arbitration and Conciliation Act, 1996 — Section 8 — Arbitrability of Disputes — Scope of Judicial Review Post-Amendments (2015 & 2019) — Kompetenz-Kompetenz — Following the legislative amendments of 2015 and 2019, the scope of judicial scrutiny under Section 8 of the Act at the referral stage is extremely limited — The court’s role is primarily to conduct a prima facie review to ascertain the existence of a valid arbitration agreement — Issues relating to the arbitrability of the dispute are, a
India Law Library Docid # 2425084

(320) HARYANA AGRO-INDUSTRIES CORPORATION LTD. Vs. M/S. DEVI DAYAL SACHIN KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Limitation Act, 1963 — Contract Act, 1872 — Arbitration Claim — Bar of Limitation.

Arbitration proceedings initiated significantly beyond the limitation period prescribed both within the governing agreement and under the general law of limitation are liable to be rejected as time-barred — An arbitral award dismissing a claim on the ground of limitation, where the delay is undisputed and substantial is generally not liable to be interf
India Law Library Docid # 2425085