(361) SHRI ARJUN PRASAD DUBEY Vs. SUB REGISTRAR SAHKARI SAMITIYA[CHHATTISGARH HIGH COURT] 21-04-2025 Review Petition — Grounds for Review — Limitation — Consumer Protection — Where Consumer Forum, State Commission, and National Commission held claim barred by limitation, and High Court dismissed the initial writ petition challenging these orders — Review sought on grounds related to cause of action and incorrect application of limitation period — These grounds pertain to the merits of the previous decision and do not constitute errors apparent on the face of record — Review is not an appeal in India Law Library Docid # 2425673
(362) NIRANJAN SINGH Vs. ANITA DEVI AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 21-04-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 and 2 — Temporary Injunction — Grant of status quo — Suit for specific performance and cancellation of sale deed — Alleged prior agreement to sell with plaintiff — Subsequent registered sale deed in favour of defendant No. 2 (appellant) who paid full consideration, largely through banking channels — Suit land encumbered by bank loan to vendor (defendant No. 1 India Law Library Docid # 2425895
(363) SOMA DEVI AND OTHERS Vs. GENERAL PUBLIC AND OTHERS[HIMACHAL PRADESH HIGH COURT] 21-04-2025 Registration Act, 1908 — Sections 40, 41, 72, 77 — Will — Registration Refusal — Suit for Declaration of Validity and Registrability — Challenge to refusal of registration of Will by Sub-Registrar and Registrar — Dismissal of suit and subsequent appeal by Civil Courts — Plea of multiple Wills executed by testator — Appellants claiming under a later unregistered Will — Respondents claiming under an earlier registered Will that explicitly revoked India Law Library Docid # 2425896
(364) MANJUSHA NARWAL Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 21-04-2025 Himachal Pradesh Panchayati Raj Act, 1994 — Sections 145(1)(c), 147, 148 — Himachal Pradesh Panchayati Raj (General) Rules, 1997 — Rule 142(1)(a) — Suspension of Gram Panchayat Pradhan — Availability of appellate and revisional remedies under Sections 147 and 148 of the Act — Petitioner challenging suspension order without exhausting these remedies — Writ petition held not maintainable. India Law Library Docid # 2425897
(365) STATE OF HIMACHAL PRADESH AND OTHERS Vs. AMAR SINGH[HIMACHAL PRADESH HIGH COURT] 21-04-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Land Acquisition — Authority to initiate proceedings — Delay and Laches — Consent — Compensation — State’s action of utilizing private land for road construction without following due process of law and without paying compensation is arbitrary and unconstitutional. India Law Library Docid # 2425898
(366) PARTHRAJSINH BALVANSINH JETHVA Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 21-04-2025 Tender — Earnest Money Deposit — Forfeiture — Contractual terms — When tender terms explicitly allow forfeiture of earnest money deposit for non-compliance with conditions, such as failure to provide security deposit or execute agreement after bid acceptance, forfeiture is permissible even without a concluded formal contract — Failure to execute agreement after acceptance of offer and deposit of security deposit constitutes breach of tender terms justifying forfeiture of earnest money deposit India Law Library Docid # 2426099
(367) NIRANJAN VASUDEV VYAS AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 21-04-2025 Gujarat Land Revenue Code — Section 65B — Non-Agricultural Use Permission — Collector’s Power — Scope of Inquiry — Administrator’s discretion — Pendency of tenancy proceedings or litigation not, in itself, a valid ground for refusing NA permission — Collector’s power under Section 65 is administrative, not adjudicatory of title disputes — Collector must consider NA application based on law and relevant factors, not irrelevant considerations like pending civil suits if no injunction is in force — India Law Library Docid # 2426100
(368) KRISHNA PATOWARY AND ANOTHER Vs. GOPI DAS AND OTHERS[GAUHATI HIGH COURT] 21-04-2025 Civil Procedure Code, 1908 — Section 100(4) — Second Appeal — Substantial Question of Law — Concurrent Findings of Fact — Plaintiff claimed title to suit land via registered sale deed from defendants 1-4, who inherited it — Defendants 5 and 6 (appellants) contested saleability, claiming prior unregistered transfer to them from the predecessor of defendants 1-4 — Trial Court and First Appellate Court concurrently found plaintiff had title India Law Library Docid # 2426210
(369) MOHD. KASIM USMANI AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 18-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 145 and Civil Suit — Parallel proceedings under Section 145 CrPC should not continue when a civil suit concerning title and possession of the same property is pending, where the civil court can grant interim protection and its orders are binding (Para 21, 22) India Law Library Docid # 2425306
(370) NATIONAL INSURANCE COMPANY LTD. Vs. MANORAMA AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 18-04-2025 Motor Accident Claims — Standard of Proof — Claims are decided on the principle of preponderance of probabilities, not proof beyond reasonable doubt as required in criminal cases India Law Library Docid # 2425307
(371) TALARI SATYANARAYANA Vs. TALARI VANA KAMESWARAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Transfer of Property Act, 1882 — Sections 122, 123 & Gift vs. Will — Interpretation of Document — A registered document, described as a “settlement deed,” which confers property out of love and affection, reserves a life interest for the donor (including enjoyment of income and liability for taxes) while restricting her right to alienate, and grants a vested remainder right to the donee (plaintiff/son) with possession postponed until the donor’s death, constitutes a valid gift settlement deed (i India Law Library Docid # 2424825
(372) APSRTC, AMARAVATHI Vs. N.SOUNDARYA AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In motor accident claims adjudicated under Section 166, the determination of negligence is based on the principle of preponderance of probabilities — Direct testimony of an eyewitness (PW.2) regarding the rash and negligent driving of the offending vehicle holds greater evidentiary value than police investigation documents such as the FIR (Ex.A1), altered FIR (Ex.A2), or charg India Law Library Docid # 2424829
(373) ASHOK KUMAR SINGH Vs. THE STATE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Penal Code, 1860 — S. 497 — Offence of Adultery — Constitutionality — Joseph Shine v. Union of India (AIR 2018 SC 4898) — Discussion on the nature and historical context of Section 497 IPC. Analysis of the provision as reflecting archaic, patriarchal notions treating the wife as the husband’s chattel or property — Examination of its discriminatory aspects, where only the “outsider” male is punished, the wife is exempt from punishment even as an abettor, and the offence is contingent on the absen India Law Library Docid # 2424867
(374) ABC INFOSYSTEMS PRIVATE LIMITED AND ANOTHER Vs. ABS INDIA PRIVATE LIMITED[DELHI HIGH COURT] 17-04-2025 Commercial Courts Act, 2015 — S. 12A — Pre-Institution Mediation — Exception — Urgent Interim Relief (CPC, Order 38 R. 5) — Examination of the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act — Consideration of the exception where the suit contemplates urgent interim relief — Where a plaintiff seeks urgent relief, such as attachment before judgment under Order XXXVIII Rule 5 CPC, citing specific circumstances like the withdrawal of a bank guarante India Law Library Docid # 2424868
(375) APSRTC, VIZIANAGARAM DIST AND ANOTHER Vs. YENNI GOWRI AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Standard of Proof & Appreciation of Evidence — In motor accident claims, the standard of proof required to establish negligence is preponderance of probabilities, not proof beyond reasonable doubt Credible eyewitness testimony regarding the rash and negligent driving of the offending vehicle, corroborated by police documents, should be preferred over the driver’s denial, especially when the driver admits to being convicted in the related crim India Law Library Docid # 2424885
(376) BALINA SRIMANNARAYANA Vs. M/S. SRR HOSPITALITIES PRIVATE LIMITED AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Maintainability against Rejection of Review Application at Numbering Stage — Examination of whether a Civil Revision Petition is maintainable against an order of the trial court rejecting an application for review (under Order 47 Rule 1) prior to its numbering, particularly considering the doctrine of merger and distinguishing cases where review is dismissed on merits versus dismissed in limine without numbering. India Law Library Docid # 2424897
(377) RMS CONSULTANTS PVT. LTD. AND OTHERS Vs. TRIDIVA ERGONOMIC INTERIORS (P.) LTD.[DELHI HIGH COURT] 17-04-2025 Civil Procedure Code, 1908 — S. 20(c) — Commercial Courts Act, 2015 — S. 13 — Territorial Jurisdiction — Cause of Action — Part thereof — Suit for Recovery — Determination of territorial jurisdiction in a commercial suit for recovery of money for interior designing, supply, and installation services — Discussion on where the cause of action arises, wholly or in part, under S. 20(c) CPC. Consideration of various elements including: place where the defendant approached the plaintiff, location of m India Law Library Docid # 2424865
(378) DR JWALA PRASAD Vs. UNION OF INDIA MINISTRY OF CULTURE AND OTHERS[DELHI HIGH COURT] 17-04-2025 Service Law — Deputation — Appointment on Deputation vs. Transfer on Deputation — Premature Repatriation — Arbitrariness — Discussion on the distinction between ‘appointment on deputation’ and ‘transfer on deputation’ — Consideration of the legal principle that while premature repatriation of an employee on ‘appointment on deputation’ for a fixed initial term (extendable at discretion) is permissible, it cannot be effected in an arbitrary or capricious manner and requires sufficient cause, parti India Law Library Docid # 2424866
(379) M/S S.P.M.L. INFRA LIMITED Vs. M/S S.N.C.C. CONSTRUCTION AND OTHERS[RAJASTHAN HIGH COURT] 17-04-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Power to refer parties to arbitration — Mandatory Nature — Pre-institution Mediation under Section 12-A, Commercial Courts Act, 2015 — Effect of Non-participation — Section 8 of the Arbitration and Conciliation Act, 1996, is peremptory in nature — Where a valid arbitration agreement exists covering the subject matter of the suit, the judicial authority is obligated to refer the parties to arbitration if an application under Section 8 is made n India Law Library Docid # 2425102
(380) SMT. SARBA MAURYA AND OTHERS Vs. ORIENTAL INSURANCE COMP. LTD. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-04-2025 Motor Accident Claims — Conventional Heads — Compensation under conventional heads (loss of estate, consortium, funeral expenses) should follow amounts specified in National Insurance Co. Ltd. vs Pranay Sethi, with periodic enhancement India Law Library Docid # 2425308