ive
User not Logged..
Latest Cases

(441) R.R. RANA Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-03-2025
Service Law — Retrospective Promotion — Retrospective promotion is generally not granted, and promotion becomes effective from the date it is granted, especially when the delay is due to pending litigation and no malafide intent is proven against the employer — The High Court dismissed a petition seeking retrospective promotion to the post of Labour Officer from 2002 (when a vacancy arose) instead of 2005 (when the petitioner was actually promoted), holding that the delay was attributable to the
India Law Library Docid # 2423856

(442) RAM SARUP @ SARUP @ RAM SWAROOP AND OTHERS Vs. JASWINDER KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Specific Relief Act, 1963 — Section 6 — Suit for Possession by Dispossessed Person — Scope and Requirements — Suit filed by plaintiffs (widow and children of pre-deceased son) against defendants (father-in-law, mother-in-law, etc.) for recovery of possession of a residential portion from which they were allegedly dispossessed — Held — The primary requirements for a suit under Section 6 are: (i) the plaintiff must have been in possession of the immovable property, and (ii) the plaintiff must have
India Law Library Docid # 2423933

(443) BIR SINGH Vs. SOHAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 (Proviso) — Amendment of Plaint — After Commencement of Trial — Due Diligence — Plaintiff filed a suit for injunction concerning construction on land — After evidence of both parties concluded and the case reached the arguments stage, plaintiff sought amendment to substitute Khasra No. 121/3 with Khasra No. 121/1, based on a demarcation report obtained in separate writ
India Law Library Docid # 2423934

(444) PREM SINGH Vs. AMRIK SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Proof of Will — Attestation — Examination of Attesting Witnesses — Mandatory Requirement — Suit for declaration of title and possession, contesting the validity of a Will — One of the two attesting witnesses was alive and available, but not examined by the propounder of the Will — Lower courts held the Will proved based on the testimony of the scribe —
India Law Library Docid # 2423935

(445) BALWINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
A. Limitation Act, 1963 — Section 15(2) — Civil Procedure Code, 1908 — Section 80 — Exclusion of Notice Period — Computation of Limitation — Suit against Government/Public Officer — Mandatory Exclusion — Where a suit against the Government or a public officer requires a mandatory notice under Section 80 CPC prior to its institution, the period of such notice (two months) must be excluded under Section 15(2) of the Limitation Act, 1963, when computing the overall limitation period for filing the
India Law Library Docid # 2423936

(446) BALWINDER KAUR AND OTHERS Vs. GURTHAKUR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Entitlement of Widow — Effect of Remarriage — Held, remarriage of a widow does not disentitle her from claiming compensation for the death of her husband in a motor accident.

B. Motor Vehicles Act, 1988 — Section 166 — Compensation — Calculation — Future Prospects — Permanent Employment — Deceased below 40 years — Held — Following National Insurance Company Ltd. Vs. Pranay Sethi & Ors. [(2017) 16 SCC 680], where the
India Law Library Docid # 2423937

(447) JUGJIT KAUR Vs. RAJWINDER SINGH[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Sentencing — Compensatory Object — Adequacy of Fine/Compensation — The primary object of Section 138 of the Negotiable Instruments Act, 1881, is not merely punitive but significantly compensatory — It aims to enhance the credibility of negotiable instruments and ensure the complainant recovers the funds represented by the dishonoured cheque — Sentencing upon conviction must reflect this dual object, giving priority to the compensatory aspect — Imp
India Law Library Docid # 2423938

(448) KUNWAR PAL Vs. SATISH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Negotiable Instruments Act, 1881 — Section 138 — Cause of Action — Successive Presentations/Notices — Holder can present cheque multiple times within validity — Each dishonour followed by statutory notice and non-payment gives rise to a fresh cause of action. Complaint based on second notice after second dishonour is maintainable.
India Law Library Docid # 2423939

(449) SUDHA SINGH @ SIDHU Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 10-03-2025
Evidence Act, 1872 — Evaluation of Evidence — Related Witnesses — Credibility — The testimony of eyewitnesses cannot be discarded or doubted solely on the ground that they are closely related to the deceased (PW5-father, PW6-uncle) — While the evidence of related witnesses necessitates careful scrutiny and caution by the Court, such witnesses are generally unlikely to allow the actual culprits to escape while falsely implicating an innocent person — If, upon careful scrutiny, their
India Law Library Docid # 2423940

(450) LOUIS VUITTON MALLETIER Vs. RAJ BELTS AND OTHERS[DELHI HIGH COURT] 10-03-2025
Civil Procedure Code, 1908 (CPC) — Order 8 Rules 1 and 10, Section 151 — Pronouncement of Judgment — Failure to File Written Statement — Plaintiff filed an application under Order 8 Rules 1 and 10 read with Section 151 CPC seeking pronouncement of judgment against defendant nos. 7 and 8 due to their failure to file written statements.
India Law Library Docid # 2423967

(451) M/S. ARSS INFRASTRUCTURE PROJECTS LTD. Vs. NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.[DELHI HIGH COURT] 10-03-2025
Arbitration and Conciliation Act, 1996 — Sections 73, 74 & 30 — Settlement Agreement reached during Conciliation — Status and Effect — Enforceability as Arbitral Award — A Settlement Agreement arrived at between parties pursuant to conciliation proceedings (conducted under Part III of the Act, including Clause 26.2 of the EPC Agreement contemplating conciliation) has the same status and effect as an arbitral award on agreed terms under Section 30 — Such a Settlement Agreement is enforceable as a
India Law Library Docid # 2424019

(452) BLUEFIRE INFOTAX CONSULTANCY PVT LTD AND OTHERS Vs. ANS INFRATECH PVT. LTD.[DELHI HIGH COURT] 10-03-2025
Arbitration and Conciliation Act, 1996 — Section 37(2)(b) — Appeal against Interim Order of Arbitral Tribunal (Section 17) — Scope of Interference — Principle of Least Intervention — Appellate court's scope under S. 37(2)(b) against discretionary interlocutory orders (like grant/refusal of injunction under S. 17) is limited — Interference is warranted only if the Arbitral Tribunal's (AT) discretion is exercised arbitrarily, capriciously, perversely, or by ignoring settled principles of law gover
India Law Library Docid # 2424020

(453) PANNALAL AND OTHERS Vs. PUBLIC WORKS DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 10-03-2025
Service Law — Pension — Madhya Pradesh (Work Charged & Contingency Paid Employees) Pension Rules, 1979 — Rule 2(c), Rule 6 — Madhya Pradesh Work Charged & Contingency Paid Employees (Recruitment and Conditions of Service) Rules, 1976 — Eligibility of Gangmen — Gangmen appointed in the M.P. Public Works Department, who are covered under the definition of employees under the Rules, 1976 [as held in Vishnu Mutiya & Others v/s The State of Madhya Pradesh & Others, 2006 (1) M.P.L.J. 23], and who have
India Law Library Docid # 2424121

(454) SANWARMAL AND OTHERS Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS[RAJASTHAN HIGH COURT] 10-03-2025
Motor Vehicles Act, 1988 — Section 128 — Contributory Negligence — Triple Riding — Proof of Causal Connection — The mere fact that three persons were riding on a motorcycle, constituting a violation of Section 128 of the Motor Vehicles Act, 1988, does not, by itself, suffice to hold the claimants liable for contributory negligence — Following Mohd. Siddique v. National Insurance Co. Ltd., (2020) 3 SCC 57, it must be established by the insurer, through evidence, that there was a causal connection
India Law Library Docid # 2424191

(455) ORIENTAL INSURANCE CO. LTD. Vs. NIMBA RAM AND OTHERS[RAJASTHAN HIGH COURT] 10-03-2025
Motor Vehicles Act, 1988 — Sections 2(21), 10(2)(d), 10(2)(e) — Driving License — Light Motor Vehicle (LMV) — Transport Vehicle — Validity — A driver holding a valid driving license issued for the ‘Light Motor Vehicle’ (LMV) class under Section 10(2)(d) of the Act is legally authorized to drive a ‘Transport Vehicle’, provided the gross vehicle weight of such transport vehicle does not exceed 7,500 kg — No separate or additional authorization specifically for the ‘Transport Vehicle’ class under S
India Law Library Docid # 2424186

(456) SMT. VIMLA DEVI NAGAR AND OTHERS Vs. KRISHAN AVTAR NAGAR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-03-2025
Civil Procedure Code, 1908 — Order VII Rule 11 — Scope of Inquiry — The determination of an application under Order VII Rule 11 CPC must be confined strictly to the averments made in the plaint and the documents annexed thereto and relied upon by the plaintiff — The defense raised by the defendant in the written statement or in the application for rejection is not to be considered at this stage.
India Law Library Docid # 2424207

(457) SHRIKANT G. MANTRI Vs. PUNJAB NATIONAL BANK[BOMBAY HIGH COURT] 10-03-2025
Civil Procedure Code, 1908 (as amended by Commercial Courts Act, 2015) — Order XIIIA Rule 3 — Summary Judgment — Standard — No Real Prospect of Defence — Compelling Reason for Trial — Summary judgment under Order XIIIA may be granted against a defendant if the Court considers that the defendant has ‘no real prospect’ (meaning a realistic, as opposed to fanciful, prospect) of successfully defending the claim, and there is ‘no other compelling reason’ why the claim should not be disposed of before
India Law Library Docid # 2424325

(458) SATYARAJ M Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 10-03-2025
Food Safety and Standards Act, 2006 — Evidence — Conflicting Analysis Reports — Referral Food Laboratory Report — Weightage — In adjudicatory proceedings under the Act, where conflicting reports exist regarding a food sample’s compliance (one favourable private lab report versus unfavourable reports from the Public Health Institution and the statutory Referral Food Laboratory on a crucial parameter like iodine content), the adjudicating authority’s reliance on the consistent findings of the
India Law Library Docid # 2424340

(459) SRI KISHORE KUMAR B.K. Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 10-03-2025
Service Law — Suspension — Karnataka State Police (Disciplinary Proceedings) Rules, 1965 — Rule 5 — Validity of Suspension Order — Effect of Quashing Criminal Case — A suspension order issued under Rule 5 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965, primarily grounded on the registration of a criminal case against the police officer, loses its legal foundation and becomes unsustainable when the underlying criminal proceedings (including FIR, chargesheet, and cognizance o
India Law Library Docid # 2424391

(460) T.THANGAVEL AND OTHERS Vs. THE DISTRICT COLLECTOR TIRUPATTUR DISTRICT AND OTHERS[MADRAS HIGH COURT] 10-03-2025
Land Law — Temple Lands — Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 — Effect of Findings by Minor Inams Abolition Tribunal (MIAT) — Res Judicata — Relegation to Civil Suit — Findings of the Minor Inams Abolition Tribunal under Act 30 of 1963, based on fresh documentary evidence establishing title in favour of a Temple, override the findings of an earlier civil court decree which had dismissed the temple’s suit for possession primarily on grounds of lack of evidenc
India Law Library Docid # 2424470