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(321) MOHD. SHAFI Vs. UT OF J&K THROUGH SHO[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 410 — Ranbir Penal Code (RPC), Section 302 — In a case based on circumstantial evidence, especially for murder by poison, the prosecution must establish a complete and unbroken chain of evidence that unequivocally points to the accused’s guilt and excludes all other reasonable hypotheses — Proof of disclosure statements leading to recoveries must be reliable — The High Court allowed a criminal appeal, setting aside the conviction for murder by admin
India Law Library Docid # 2423774

(322) S. CHARANJEET SINGH Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025
Arbitration and Conciliation Act, 1996 — Section 8 — Judicial authority must refer parties to arbitration if an arbitration agreement exists and a party applies for it no later than submitting their first statement on the substance of the dispute — A preliminary objection regarding arbitration in a written statement constitutes such an application, but a nominated arbitrator should be independent and not an official of a party — The High Court disposed of an appeal by modifying the trial court’s
India Law Library Docid # 2423775

(323) VIJAY LAKSHMI AND OTHERS Vs. VED PARKASH AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025
Civil Procedure Code, 1908 — Order 8 Rule 9, Order 39 Rule 1 & 2 — While Order 8 Rule 9 for subsequent pleadings like a replica to address new pleas in a written statement, the trial court has the discretion to allow or refuse such filings, and the rejection is not necessarily prejudicial if the party can still present evidence on the new issues — The High Court dismissed a petition challenging the trial court’s rejection of the petitioners’ application to file a replica under Order 8 Rule 9 CPC
India Law Library Docid # 2423776

(324) SMT. SUDERSHAN SHARMA Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025
Service Law — Pension — Recovery of excess pension paid due to departmental error should not be made from vulnerable pensioners, particularly without notice and after considerable delay, where the pensioner is not at fault, as it would be iniquitous and harsh, outweighing the employer’s right to recover — The High Court allowed an appeal, quashing the recovery of excess pension from an elderly widow and renal patient — The court found the overpayment resulted from departmental negligence, no not
India Law Library Docid # 2423819

(325) COURT ON ITS OWN MOTION Vs. SHARADUL AMARCHAND MANGALDASS & CO. THROUGH ITS PARTNER RITU BHALLA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-03-2025
Contempt of Courts Act, 1971 — Section 2 (c) — A bonafide interpretation of a court judgment in a legal notice, even if it differs from the court’s intended meaning, does not constitute criminal contempt of court unless the interpretation is wilful, deliberate, or obstructs the course of justice, especially when no judicial proceedings are pending — The High Court dismissed a criminal contempt petition initiated suo moto against a law firm for allegedly misinterpreting a previous court judgment
India Law Library Docid # 2423820

(326) SMT MANJEET BHALLA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 13-03-2025
Civil Procedure Code, 1908 — O. 47 R. 1 — Review — Error Apparent on the Face of Record — An "error apparent on the face of the record" justifying review exists where a judgment in appeal overlooks a fundamental, undisputed fact rendering the original proceeding invalid (such as the suit being filed against a dead person) and fails to provide reasons for overturning the lower court's reasoned order.
India Law Library Docid # 2424130

(327) SUDARSHAN CHEMICAL INDUSTRIES LTD. Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 13-03-2025
Estoppel and Waiver — Acceptance of Government Policy/Resolution — Concluded Transaction — A party who voluntarily applies for benefits under a State Government policy (like Government Resolutions dated 01.08.2019 and 23.06.2021 regarding ULC Section 20 exemptions), accepts the conditions stipulated therein (payment of premium on the entire land), pays the demanded premium without protest, obtains an order removing ULC restrictions based on such payment, and subsequently acts upon that order by
India Law Library Docid # 2424285

(328) MULTI COMMODITY EXCHANGE OF INDIA LTD. Vs. M/S. MADHYA BHARAT (INTERNATIONAL) PVT. LTD. AND OTHERS[BOMBAY HIGH COURT] 13-03-2025
Limitation Act, 1963 — Article 113 — Suit for Recovery of Money — Accrual of Right to Sue — For a suit for recovery of money based on non-payment of dues (like membership fees, charges, etc.), the limitation period under Article 113 of the Limitation Act, 1963, is three years, commencing from the date “when the right to sue accrues” — The right to sue accrues when the cause of action arises, which, in the context of non-payment of dues, arises upon the default in making such payments.
India Law Library Docid # 2424287

(329) RAMPRABHU GOPINATH KAPSE Vs. SHEVANTABAI BABURAO KAPSE[BOMBAY HIGH COURT] 13-03-2025
Civil Procedure Code, 1908 — Section 152 — Amendment of Judgments, Decrees, or Orders — Scope and Limitation — Section 152 of the Civil Procedure Code, 1908, empowers a Court to correct clerical or arithmetical mistakes in judgments, decrees, or orders, or errors arising therein from any accidental slip or omission, either suo motu or on application, at any time — This power is discretionary and aimed at ensuring the Court’s record accurately reflects its intention and preventing prejudice due t
India Law Library Docid # 2424288

(330) ANNAPPA MARUTI ZALKE Vs. RAMU BALAPPA BOGARNAL[BOMBAY HIGH COURT] 13-03-2025
Registration Act, 1908 — Sections 17 & 49 — Agreement for Sale — Requirement and Admissibility — An Agreement for Sale of immovable property is not compulsorily registrable under Section 17 of the Registration Act, 1908 — Pursuant to the proviso to Section 49, such an unregistered Agreement for Sale can be received as evidence of the contract in a suit for specific performance — Discarding an unregistered Agreement for Sale as evidence at the interim stage in a specific
India Law Library Docid # 2424289

(331) SHAIKH PAPAMIYA CHANDBHAI (SINCE DECEASED) THROUGH HIS L.RS. AND OTHERS Vs. RUPCHAND NANA BHANE AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 13-03-2025
Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Sale with Repurchase Condition — Interpretation of Document — To determine whether a document represents a mortgage by conditional sale or an outright sale with a repurchase condition, the intention of the parties, primarily gathered from the document itself, is paramount — Factors indicating a mortgage include: an explicit title stating it’s a conditional sale and not absolute; recitals establishing a debtor-credi
India Law Library Docid # 2424317

(332) SHAUKAT MOHAMMAD RAHMAN Vs. STATE OF GOA[BOMBAY HIGH COURT (GOA BENCH)] 13-03-2025
Penal Code, 1860 — Section 415, 420 — Criminal Procedure Code, 1973 — Sections 156(3), 482 — Constitution of India, 1950 — Article 226 — Quashing of FIR — Cheating vs. Breach of Contract — Where the allegations in a complaint/FIR, taken at face value along with uncontroverted documents, primarily disclose a civil dispute arising from a breach of contract (MOU) and lack essential ingredients of cheating under Section 415 IPC, particularly the element of fraudulent or dishonest intent at the incep
India Law Library Docid # 2424323

(333) M/S.PREMIER GRANITES Vs. THE DISTRICT COLLECTOR, KRISHNAGIRI DISTRICT, KRISHNAGIRI AND OTHERS[MADRAS HIGH COURT] 13-03-2025
Stamp Act, 1899 — Schedule I, Articles 35(a), 63 — Tamil Nadu Minor Mineral Concession Rules, 1959 — Rule 36F — Supplementary Lease Deed — Transfer of Mining Lease — Stamp Duty — Applicable Article — A supplementary lease deed executed pursuant to Rule 36F of the Tamil Nadu Minor Mineral Concession Rules, 1959, transferring an existing mining lease for its remaining period, is correctly classifiable as a “Transfer of lease” under Article 63 of Schedule I of the Stamp Act, 1899, and not as a fres
India Law Library Docid # 2424434

(334) NAVYA KIRAN Vs. K.P. RAJENDRAN AND OTHERS[KERALA HIGH COURT] 13-03-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 17(2), 19 — Eviction from Shared Household — Procedure Established by Law — Mandatory Injunction — A suit for mandatory injunction filed by the rightful owners against a daughter-in-law, whose residence in the shared household is merely permissive (lacking independent legal right to the property), constitutes a “procedure established by law” for eviction under Section 17(2) of the DV Act.
India Law Library Docid # 2424571

(335) C.K.ABOOBACKER Vs. THE SPECIAL TAHSILDAR (L.A.) THALASSERY AND OTHERS[KERALA HIGH COURT] 13-03-2025
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(1)(a) — Award Post-Commencement — Where land acquisition initiated under the Land Acquisition Act, 1894, but no award under Section 11 was made before 01.01.2014 (commencement of 2013 Act), the acquisition proceedings do not lapse, but compensation must be determined under the provisions of the 2013 Act — An award purportedly passed under the 1894 Act after 01.01.2014 is null a
India Law Library Docid # 2424572

(336) SHRI NINGTINGLUNG KAMEI Vs. STATE OF MANIPUR AND OTHERS[MANIPUR HIGH COURT] 12-03-2025
Manipur (Hill Areas) District Councils Act, 1971 — Sections 4, 9 and 11 — The High Court examined whether the Hill Areas Committee (HAC) has the jurisdiction under the Act, 1971, to pass a resolution recommending the constitution of a temporary committee for Autonomous District Councils (ADCs) after the expiry of their terms — A Public Interest Litigation (PIL) challenged a resolution by the Chairman of the Hill Areas Committee (HAC) regarding the administration of Autonomous District Councils (
India Law Library Docid # 2423521

(337) SHIVALI SHARMA Vs. ARMY PUBLIC SCHOOL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-03-2025
Constitution of India, 1950 — Articles 12 and 226 — A writ petition under Article 226 of the Constitution is generally not maintainable for the enforcement of a private contract of service with an educational institution like the Army Welfare Education Society (AWES), as such institutions typically do not qualify as a ‘State’ under Article 12, and service matters lack a public law element unless governed by statutory provisions — The doctrine of legitimate expectation operates within the realm o
India Law Library Docid # 2423777

(338) SOM NATH Vs. STATE OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-03-2025
Jammu and Kashmir Municipal Act, 2000 — Sections 211, 204, 208 (5) and 205 — An Executive Officer of a Municipal Committee, holding a ministerial post, generally lacks the jurisdiction to compound major building violations under the Jammu and Kashmir Municipal Act, 2000 — This power typically rests with the elected Municipal Committee or a duly appointed Administrator, especially for violations beyond minor deviations — An order compounding such violations passed by an Executive Officer is unsus
India Law Library Docid # 2423778

(339) KARAN SINGH AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-03-2025
Ranbir Penal Code (RPC), Section 498-A and 109 — Bharatiya Nyaya Sanhita, 2023 — Section 528 — The High Court, in exercise of its inherent powers under Section 528 and to secure the ends of justice, can quash criminal proceedings, including those for non-compoundable offences like Section 498-A RPC, if the parties have amicably settled their dispute through a genuine compromise, especially in cases with an overwhelming matrimonial or family dispute flavour where the possibility of conviction is
India Law Library Docid # 2423779

(340) A Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-03-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — A child in conflict with law is ordinarily entitled to bail under Section 12 unless there are reasonable grounds based on material evidence to believe that release would lead to association with known criminals, moral, physical or psychological danger, or defeat the ends of justice, and the gravity of the offence alone is not sufficient to deny bail — Criminal revision filed by a child in conflict with law (CCL) against
India Law Library Docid # 2423808