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(361) VGN PROJECTS ESTATES PRIVATE LIMITED Vs. M/S.VGK BUILDERS PVT. LTD.[MADRAS HIGH COURT] 12-03-2025
Trade Marks Act, 1999 — Sections 28(3), 35 — Infringement Suit between Registered Proprietors — Defence of Bona Fide Use of Predecessor’s Name — Where both the plaintiff (‘VGN’) and the defendant (‘VGK’) are registered proprietors of their respective marks in relevant classes (albeit defendant’s registration is under challenge), Section 28(3) precludes the plaintiff from claiming exclusive rights merely based on registration against the defendant — Furthermore, where the defendant demonstrates h
India Law Library Docid # 2424466

(362) K.SUBRAMANIAM (DECEASED) BY LRS AND OTHERS Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 12-03-2025
Land Acquisition Act, 1894 (Old Act) — Sections 11, 12(2), 30, 31 — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (New Act) — Section 24(2) — Lapse of Acquisition — Conditions — Payment/Tender of Compensation — Taking of Possession — For land acquisition proceedings initiated under the Old Act to lapse under Section 24(2) of the New Act, both conditions, namely, (i) physical possession of the land has not been taken, and (ii) compensat
India Law Library Docid # 2424467

(363) PAUL GEORGE Vs. EMARIN PAUL ALIAS UNNIMOL[KERALA HIGH COURT] 12-03-2025
Criminal Procedure Code, 1973 — Section 125(4) — Maintenance — Wife living separately without sufficient reason — Where clear evidence establishes that the wife left the matrimonial home without any sufficient reason and failed to prove allegations of ill-treatment, she is disentitled to claim maintenance under Section 125(4) Cr.P.C.
India Law Library Docid # 2424567

(364) ANIL KUMAR Vs. AJI AND OTHERS[KERALA HIGH COURT] 12-03-2025
Kerala Court Fees and Suits Valuation Act, 1959 — Sections 25(b), 37(1), 37(2), 50 — Valuation of Suit for Declaration of Share — A suit seeking only a declaration of a fractional share in property, without an explicit prayer for partition and separate possession, should be valued under Section 25(b) (declaration) — Section 37 (partition suits) is not applicable merely because the property is jointly owned.
India Law Library Docid # 2424568

(365) P.M. ISMAIL Vs. ABBAS AND OTHERS[KERALA HIGH COURT] 12-03-2025
Kerala Buildings (Lease and Rent Control) Act, 1965 — Section 11(3) — Bona Fide Need — Landlord as Best Judge — The landlord is the best judge of their bona fide requirement — Neither the tenant nor the Court can dictate that the landlord should modify or utilize other vacant premises in their possession, particularly if such premises require structural alterations or are otherwise unsuitable for the proposed need.
India Law Library Docid # 2424569

(366) VISWANATHAN AND OTHERS Vs. STATE OF KERALA[KERALA HIGH COURT] 12-03-2025
Penal Code, 1860 — Section 299 & 300 — Culpable Homicide/Murder — Act on Believed-to-be Lifeless Body — If an accused, after inflicting an injury, genuinely believes the victim to be dead and then performs a second act (like disposing of the body) which actually causes death, the mens rea (intention/knowledge) required for culpable homicide under S.299 is absent for the second act, as it was directed towards a perceived lifeless body. The accused cannot be convicted of murder (S.300) or culpable
India Law Library Docid # 2424570

(367) MOH. IFTEKHAR RAZA Vs. RATNESH JAIN[CHHATTISGARH HIGH COURT] 12-03-2025
Criminal Procedure Code, 1973 — Section 391 — Negotiable Instruments Act, 1881 — Section 138 — Acquittal Appeal — Additional Evidence — Filling Lacuna vs. Just Adjudication — In an appeal against acquittal under Section 138 of the NI Act, the appellate court’s power under Section 391 CrPC to take additional evidence should be exercised when necessary for a just and proper adjudication and to prevent failure of justice — Where oral evidence regarding the underlying transaction exists on record, a
India Law Library Docid # 2424685

(368) NANKU OGRE Vs. SHRAVAN CHAUHAN[CHHATTISGARH HIGH COURT] 12-03-2025
Negotiable Instruments Act, 1881 — Section 138 & 139 — Presumption — Rebuttal — Disputed Signature — Evidence of Bank Manager vs. Expert Opinion — Once the issuance of a cheque is established, the presumption under Section 139 NI Act arises that it was issued for discharge of a debt or liability — The burden to rebut this presumption lies on the accused — A mere denial of signature or production of a bank manager, who is not a handwriting expert under Section 45 of the Evidence Act, stating the
India Law Library Docid # 2424709

(369) SRI Y. SRINIVASA RAO Vs. STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 12-03-2025
Mines and Minerals (Development and Regulation) Act, 1957 — Sections 15(1) & 15(1A)(g) — Rule Making Power — Scope of ‘Other Charges’ — The expressions “and for the purpose connected therewith” in S.15(1) and “in particular and without prejudice to the generality of the foregoing power” in S.15(1A) confer a broad rule-making authority upon the State Government. Section 15(1A)(g) specifically empowers the State to frame rules for fixing and collecting ‘other charges’ in respect of minor minerals,
India Law Library Docid # 2424760

(370) PRADEEP KUMAR AGARWAL Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 12-03-2025
Protection of Children from Sexual Offences Act, 2012 — Sections 5(g), 6, 7, 8, 9(l)(m), 10, 16, 17 — Penal Code, 1860 — Sections 376(2)(f)(i)(n), 370(4), 354A and 506 — Conviction — Sufficiency of Evidence
India Law Library Docid # 2424747

(371) MOTAKATLA JHANSI VANI REDDY Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 11-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 47 (1) — Arrest — Mandatory requirement — An individual arrested without a warrant must be immediately informed of the grounds for their arrest — Failure to comply with this provision renders any further detention of the person illegal, as emphasized by the High Court.
India Law Library Docid # 2423378

(372) MOTALEB BHUYAN AND OTHERS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 11-03-2025
Constitution of India, Article 226 — Writ Jurisdiction — Interference with Cancellation of GST Registration — The High Court may exercise its jurisdiction under Article 226 to interfere with orders of cancellation of registration under the Central Goods and Service Tax Act, 2017 (Central Act) and State Goods and Service Tax Act, 2017 (State Act), particularly when the orders are found to be bad in law and in violation of the provisions of the Acts or the Rules framed thereunder
India Law Library Docid # 2423430

(373) SHANKAR KUMAR SINGH Vs. THE STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 11-03-2025
Service Law — Dismissal — A disciplinary dismissal can be upheld based on inquiry findings, including audio-video evidence and a compromise agreement, even if the charged employee initially denied the allegations — Dismissal from service for taking a bribe upheld; court found no error in the disciplinary process considering the complainant's statement, audio-video evidence, and the petitioner's subsequent compromise involving the return of the money, which contradicted his initial denial.
India Law Library Docid # 2423562

(374) EMPLOYER IN RELATION TO THE MANAGEMENT OF M/S HINDUSTAN COPPER LIMITED Vs. EX-EMPLOYEES' COORDINATION COMMITTEE[JHARKHAND HIGH COURT] 11-03-2025
Industrial Disputes Act, 1947— An industrial tribunal's award can be set aside if the reference is vague, the representation of workmen is not properly established, and the tribunal fails to consider foundational facts and evidence — Industrial Tribunal award in favor of ex-employees for wage arrears set aside due to vagueness of reference, questionable representation by an unrecognized association, and lack of verified evidence regarding the ex-employees' details and voluntary retirement scheme
India Law Library Docid # 2423563

(375) RAM KHELAWAN MALLAH @ RAM KHELAWAN NISHAD AND OTHERS Vs. BASANTI DEVI AND OTHERS[JHARKHAND HIGH COURT] 11-03-2025
Evidence Act, 1872 — Section 90 — Recitals in a registered settlement deed more than 30 years old are not conclusive proof of the truth of the recited facts, and the presumption under Section 90 primarily applies to the execution, signature, and attestation of the document, requiring independent proof of the contents if disputed — In a second appeal against the reversal of a trial court's dismissal of a suit for title declaration, the High Court held that the first appellate court erred in treat
India Law Library Docid # 2423564

(376) KUNDAN SINGH Vs. THE STATE OF BIHAR (NOW JHARKHAND)[JHARKHAND HIGH COURT] 11-03-2025
Penal Code, 1860 (IPC) — Section 302 — A murder conviction can be upheld based on the consistent testimony of eyewitnesses regarding the act of firing, even if there are minor discrepancies with the initial report or medical opinion concerning the exact distance of the shot, provided the delay in filing the FIR is adequately explained and the overall evidence identifies the accused as the assailant — The High Court dismissed a criminal appeal against a conviction and life sentence for murder —
India Law Library Docid # 2423565

(377) SMT. SANTOSH AWASTHI Vs. SMT. URMILA JAIN[ALLAHABAD HIGH COURT] 11-03-2025
Transfer of Property Act, 1882 — Section 52 — The doctrine of lis pendens prevents the transfer of suit property during pending litigation, making any such transfer subservient to the outcome of the suit — Doctrine of lis pendens as encapsulated in Section 52, clarifying its purpose to prevent the defeat of suits through property alienation and its effect of binding transferees to the decree — It also addresses the issue of delays in execution proceedings and emphasizes the need for timely dispo
India Law Library Docid # 2423691

(378) RAJENDRA SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 11-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 154, 156 (3), 162 and 169 — While a second FIR for the same incident is generally impermissible, a counter-complaint alleging a different version of the incident or involving different accused is an exception.
India Law Library Docid # 2423692

(379) SUDERSHAM KUMAR GUPTA Vs. CHUNI LAL RAINA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-03-2025
Civil Procedure Code, 1908 — Order 43 Rule 1(u) — While an appellate court can remand a case to the trial court, it must ensure that all stakeholders are provided a fair and adequate opportunity of being heard in the fresh proceedings — A remand order should not prejudice the rights of any party to present their case fully — The High Court disposed of a civil miscellaneous appeal by modifying the appellate court’s order that had remanded a case back to the trial court — The modification was made
India Law Library Docid # 2423780

(380) AIRPORTS AUTHORITY OF INDIA Vs. M/S SAPTAGIRI RESTAURANT PRIVATE LIMITED[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 11-03-2025
Airports Authority of India Act, 1994 — Civil Procedure Code, 1908 — Order 39 Rule 1 — Interim relief, such as an injunction, can be granted in aid of the main relief sought, but requires the establishment of a prima facie case, balance of convenience, and irreparable injury — Courts must also weigh public interest considerations when granting such relief, particularly against statutory bodies performing public functions — The Division Bench allowed an appeal and set aside the Trial Court’s orde
India Law Library Docid # 2423790