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(481) RAMVICHAR RAI AND OTHERS Vs. SRI RAJ NATH DAS AND OTHERS[PATNA HIGH COURT] 07-03-2025
Civil Procedure Code, 1908 — Order 1 Rule 10(2) — Necessary Party vs. Proper Party — The court may add or delete parties to a suit if their presence is necessary for effective adjudication — A necessary party is one in whose absence no effective decree can be passed, while a proper party's presence enables the court to completely adjudicate on all matters in dispute.
India Law Library Docid # 2423591

(482) CHINTA DEVI AND OTHER Vs. SITA RAM PRASAD AND OTHERS[PATNA HIGH COURT] 07-03-2025
Civil Procedure Code, 1908 — Order 21 Rule 35 — Limitations of Executing Court's Power — The executing court's primary role is to execute the decree as it stands, without modifying it. Objections by judgment-debtors should be considered, but within the decree's scope.
India Law Library Docid # 2423592

(483) SASHI KUMAR AND OTHERS Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 07-03-2025
Penal Code, 1860 (IPC) — Section 376 and 34 — Conviction for rape based on a solitary witness requires the victim to be wholly reliable; otherwise, independent corroboration is needed — The High Court allowed the appeals, setting aside the conviction and sentence for rape, finding the prosecutrix's uncorroborated testimony unreliable due to inconsistencies and lack of medical evidence.
India Law Library Docid # 2423567

(484) MOHD. ASGAR ALIAS TOLA Vs. THE UNION TERRITORY OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-03-2025
Jammu and Kashmir Public Safety Act, 1978 — Penal Code, 1860 — Sections 452, 447, 427, 336, 147, 409, 120-B, 386, 504 and 506 — Interference with a pre-execution preventive detention warrant is limited to cases where the order is prima facie without authority, for a wrong purpose, against the wrong person, or based on vague, extraneous, or irrelevant grounds — The High Court dismissed a petition challenging a detention warrant under the J&K Public Safety Act at the pre-execution stage, finding n
India Law Library Docid # 2423782

(485) JASWANT KAUR AND OTHERS Vs. COLLECTOR LAND ACQUISITION NATIONAL HIGHWAY AUTHORITY OF INDIA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 07-03-2025
Arbitration and Conciliation Act, 1996 — Section 29A — A court can extend the time limit for an arbitral award under Section 29A of the Arbitration and Conciliation Act upon showing sufficient cause, even after the expiry of the initially prescribed or extended period — The High Court allowed petitions to set aside the termination of an arbitrator's mandate and extended the time for completing arbitration proceedings related to land acquisition for NH-21, citing sufficient cause due to the COVID
India Law Library Docid # 2423857

(486) STATE OF HIMACHAL PRADESH Vs. PRATAP SINGH ALIAS CHOTU[HIMACHAL PRADESH HIGH COURT] 07-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 20 and 50 — An appellate court will generally not interfere with a trial court's acquittal unless the judgment is perverse, based on a misappreciation of evidence, or if the prosecution proves guilt beyond a reasonable doubt, considering the double presumption of innocence — The High Court dismissed a State appeal against the acquittal of an accused charged under Section 20 of the NDPS Act for possession of charas — The court found
India Law Library Docid # 2423858

(487) LOVELY Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 07-03-2025
Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Penal Code, 1860 (IPC) — Sections 302 and 201 — A successive bail application can only be entertained if there is a substantial change in circumstances since the previous application was rejected — The High Court dismissed a successive bail petition filed under Section 483 of the BNSS seeking bail for offences under Sections 302 & 201 of the IPC — The court held that the petitioner failed to demonstrate any substantial change in circumstanc
India Law Library Docid # 2423859

(488) GURMEET SINGH Vs. NIRMAL SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 07-03-2025
Hindu Succession Act, 1956 — Section 8 and Schedule (Class II Heirs, Entry IV(2)) — Inheritance — Male Intestate — Sister’s Son vs. Pre-deceased Sister’s Son’s Son — Property of male Hindu dying intestate — Deceased survived by a sister’s son (Defendant No.1) — Sister and another sister’s son (Plaintiff’s father) pre-deceased the intestate — Plaintiff (son of pre-deceased sister’s son) claimed share — Held — Under Section 8 read with the Schedule, property devolves firstly on Class I heirs, fail
India Law Library Docid # 2423930

(489) YASHPAL KAUR (SINCE DECEASED) THR. HER LRS. AND OTHERS Vs. SMT.KAMLESH CHAUHAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 07-03-2025
Punjab Pre-emption Act, 1913 — Sections 4, 15 (as amended by Haryana Act, 1995) — Haryana Government Notification dated 08.10.1985 — Right of Pre-emption in Municipal Areas — Abolition — Suit property located within Municipal limits of Rohtak, bearing a Municipal number — Sale deed executed on 04.05.1998 — Plaintiff claimed pre-emption based on tenancy, relying on amended Section 15 and alleged custom — Held — Pursuant to Haryana Government Notification dated 08.10.1985, the right of pre-emption
India Law Library Docid # 2423931

(490) SMT. SONA Vs. MAHA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 07-03-2025
Motor Vehicles Act, 1988 — Sections 166, 168 — Injury Claim — Enhancement of Compensation — Just Compensation — Separate Heads vs. Consolidated Award — Claimant, aged 35, suffered seven injuries in an accident, requiring 7 days of hospitalization, with proven medical expenses of Rs. 1,700/-. No permanent disability was pleaded or proved — Tribunal awarded Rs. 1,700/- for medicals plus a consolidated
India Law Library Docid # 2423932

(491) SANTOSH YADAV Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 07-03-2025
Protection of Children from Sexual Offences Act, 2012 — Section 10 — Penal Code, 1860 (IPC) — Sections 354/354B — The sole testimony of a child victim in sexual offence cases can be sufficient for conviction if it inspires confidence and is of sterling quality, without necessarily requiring corroboration — The High Court dismissed an appeal against the conviction and sentence under Section 10 (POCSO Act) and Sections 354/354B of the IPC, affirming that the reliable testimony of a child victim is
India Law Library Docid # 2424021

(492) MANOJ THAKUR Vs. RAVINDER NATH SINGH AND OTHERS[DELHI HIGH COURT] 07-03-2025
Specific Relief Act, 1963 — Section 6 — Civil Procedure Code, 1908 — Order 2 Rule 2 and Section 10 — A subsequent suit for the same cause of action seeking reliefs that could have been claimed in a prior suit without the court's leave is barred by Order 2 Rule 2 — The High Court dismissed a petition challenging an order that found the petitioner's suit barred under Order 2 Rule 2 of the CPC — The petitioner had previously filed a suit under Section 6 of the Specific Relief Act, 1963 seeking simi
India Law Library Docid # 2424022

(493) STATE Vs. SACHIN[DELHI HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Protection of Children from Sexual Offences Act, 2012 — Sections 10 and 29 — Leave to appeal an acquittal under Section 378 may be denied if the trial court's acquittal is based on significant contradictions in the sole eyewitness testimony, casting doubt on the prosecution's case and potentially outweighing the presumption under Section 29 of the POCSO Act — The High Court dismissed a petition by the State seeking leave to appeal under Sectio
India Law Library Docid # 2424023

(494) CHOLAMANDALAM MS GEN INS CO. LTD. Vs. PRAVEEN KUMAR SINGH AND OTHERS[DELHI HIGH COURT] 07-03-2025
Motor Vehicles Act, 1988 — Sections 166, 173 and 140 — Determination of negligence in motor accidents and the quantum of compensation awarded, considering factors like future prospects based on precedents like National Insurance Company vs. Pranay Sethi, AIR 2017 SC 5157 — The High Court disposed of multiple appeals under Section 173 arising from the same Motor Accident Claims Tribunal (MACT) award — The court upheld the Tribunal's finding that the accident was solely due to the negligence of th
India Law Library Docid # 2424025

(495) DELHI TRANSPORT CORPORATION Vs. RAM[DELHI HIGH COURT] 07-03-2025
Industrial Disputes Act, 1947 — Section 33 — Termination — An illegally terminated workman can be entitled to full back wages from the date of termination until superannuation, especially when similarly situated workmen have already received such benefits, and the employer failed to challenge earlier orders granting liberty to raise the dispute — The High Court dismissed appeals by the Delhi Transport Corporation (DTC) against a judgment that upheld the illegal termination of a workman and grant
India Law Library Docid # 2424026

(496) HDFC ERGO GENERAL INSURANCE CO LTD. Vs. PRAKASH SINGH AND OTHERS[DELHI HIGH COURT] 07-03-2025
Workmen's Compensation Act, 1923 — Section 3 — Motor Vehicles Act, 1988 — Section 173 — Dual benefit — A claimant can pursue compensation under the Motor Vehicles Act, 1988, even if the employer has suo moto deposited compensation under the Workmen's Compensation Act, 1923, provided the claimant did not initiate proceedings under the latter act — However, any amount received under the Workmen's Compensation Act is deductible from the compensation awarded under the Motor Vehicles Act — The High C
India Law Library Docid # 2424027

(497) SMT. NAMITA AND OTHERS Vs. RAVI TANK[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 07-03-2025
Hindu Marriage Act, 1955 — Section 26 — Custody Orders — Nature and Modification — Orders relating to the custody of minor children passed under Section 26, even if part of a consent divorce decree, are inherently temporary and can be modified by the court at any time post-decree upon application, considering changed circumstances and the paramount welfare of the child.
India Law Library Docid # 2424119

(498) RAMNIWAS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 07-03-2025
Prevention of Corruption Act, 1988 — Section 7 (as applicable prior to 2018 amendment) — Essential Ingredients — Demand and Acceptance — Pendency of Work — For sustaining a conviction under Section 7 of the PC Act, the prosecution must establish beyond reasonable doubt, as a sine qua non, both the demand of illegal gratification by the accused public servant and its subsequent acceptance by him as a motive or reward for doing or forbearing to do an official act or showing favour/disfavour — Furt
India Law Library Docid # 2424155

(499) RAKESH KUMAR MEENA AND ANOTHER Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 07-03-2025
Prevention of Corruption (Amendment) Act, 2018 — Section 17A — Enquiry/Investigation relating to Official Functions/Duties — Previous Approval — Mandatory Requirement — Section 17A imposes a mandatory requirement of obtaining previous approval from the competent authority before any police officer conducts any enquiry, inquiry, or investigation into an offence alleged to have been committed by a public servant under the Act, where the alleged offence is relatable to any recommendation made or de
India Law Library Docid # 2424262

(500) NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LIMITED (NAFED) Vs. ROJ ENTERPRISES (P) LIMITED AND OTHERS[BOMBAY HIGH COURT] 07-03-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Scope of Judicial Review — Requirement of Reasoned Order — While the scope of judicial review under Section 34 of the Arbitration and Conciliation Act, 1996, is limited and the court does not sit in appeal over the arbitral award, it is nevertheless incumbent upon the court exercising jurisdiction under Section 34 to consider the specific grounds of challenge raised by the applicant, particularly those falling within the permissible parameter
India Law Library Docid # 2424293