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(501) SRI. B.S. SURESHA Vs. DIRECTORATE OF ENFORCEMENT[KARNATAKA HIGH COURT] 07-03-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Section 50 — Summons — Scope and Validity — Connection to Predicate Offence/ECIR — Absence of Prima Facie Case — The power to issue summons under Section 50 PMLA, requiring a person’s attendance for evidence or production of records during an investigation or proceeding, presupposes a nexus between the person summoned and the alleged offence of money laundering or the proceeds of crime being investigated — Where a person is neither named as an ac
India Law Library Docid # 2424344

(502) BHERYA PRIMARY AGRICULTURE CREDIT CO OPEARATIVE SOCIETY LTD Vs. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION AND OTHERS[KARNATAKA HIGH COURT] 07-03-2025
Karnataka Co-operative Societies Act, 1959 — Section 63(10), Section 64 — Re-audit vs. Inquiry — Scope and Simultaneous Conduct — The scope of a re-audit initiated under Section 63(10) of the Act is limited to rectifying defects and remedying irregularities pointed out in an earlier audit report conducted under Section 63(1) — In contrast, an inquiry initiated by the Registrar under Section 64 of the Act is broader in scope, encompassing matters relating to the constitution, working, and financi
India Law Library Docid # 2424350

(503) M/S. JYOTHY FABRICARE SERVICE LTD. Vs. THE SENIOR DIVISIONAL COMMERCIAL MANAGER BANGALORE DIVISION, SOUTH WESTERN RAILWAY[KARNATAKA HIGH COURT] 07-03-2025
Contract Law — Service Contracts — Change in Tax Law Post-Contract — Liability for New/Increased Tax (Service Tax) — Principle of Reimbursement — Where contracts for rendering services were entered into prior to a significant change in the tax regime (introduction of negative list regime for Service Tax w.e.f. 01.07.2012, making previously non-taxable services taxable), and neither party contemplated this new tax liability at the time of contracting, the burden of such newly imposed tax generall
India Law Library Docid # 2424355

(504) SRI B.S JAYARAM Vs. B.R SWETHA[KARNATAKA HIGH COURT] 07-03-2025
Hindu Succession Act, 1956 — Section 8 — Succession to Separate Property of Male Hindu — Rights of Son/Daughter of a Living Son (Grandchildren) — When a male Hindu dies intestate, his separate or self-acquired property devolves upon his Class I heirs as specified in the Schedule to the Act, primarily his son(s) and daughter(s), widow, and mother, as per the rules laid down in Section 8 — Grandchildren (son/daughter of a living son) are not included as Class I heirs in their own right — They inhe
India Law Library Docid # 2424359

(505) BOMBAY SLUM REDEVELOPMENT CORPORATION PVT. LTD. AND OTHERS Vs. SLUM REHABILITATION AUTHORITY AND OTHERS[BOMBAY HIGH COURT] 07-03-2025
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 13(2) — Challenge to Developer Termination — Effect of Court-Directed Meeting — A challenge to an order terminating a developer’s appointment under Section 13(2) of the Act, even on grounds of procedural irregularity (like lack of show cause notice) or lack of jurisdiction, will not be entertained on merits following the confirmed outcome of a court-directed meeting specifically convened to determine the societ
India Law Library Docid # 2424361

(506) BOMBAY SLUM REDEVELOPMENT CORPORATION PVT. LTD. Vs. MUMBAI HOUSING & AREA DEVELOPMENT BOARD AND ANOTHER[BOMBAY HIGH COURT] 07-03-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Disputed Questions of Fact — Slum Rehabilitation Scheme Area — The High Court, exercising its writ jurisdiction under Article 226, will generally refrain from entertaining and adjudicating upon disputed questions of fact — A dispute regarding the actual area covered by slums within a Slum Rehabilitation Scheme (SRS) — whether it corresponds to the initially approved area or a subsequently revised smaller area determined by the land-
India Law Library Docid # 2424362

(507) SRI G PRABHUDEV AND ANOTHER Vs. SMT RANGANAYAKI AND OTHERS[KARNATAKA HIGH COURT] 07-03-2025
Guardians and Wards Act, 1890 — Section 25 — Petition for Custody by Parents — Maintainability — Effect of Prior Compromise Decree — A petition filed by parents under Section 25 of the G&W Act seeking custody of their minor child from other relatives (paternal grandmother and aunts) is maintainable, notwithstanding a prior compromise decree entered into between the parties in an earlier G&WC proceeding regarding the child’s custody and other matters — Orders relating to child custody, even if ba
India Law Library Docid # 2424386

(508) MR. DEVENDRA BHATIA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 — Section 36 — Powers of Superior Police Officers — Transfer of Investigation within same Division/Jurisdiction — Section 36 Cr.P.C. empowers police officers superior in rank to an officer-in-charge of a police station to exercise the same powers throughout the local area to which they are appointed — This includes the power to transfer an investigation from one police station to another within the same local area or police division if circumstances necessitate, suc
India Law Library Docid # 2424389

(509) SRI. MUNIRATHNA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Delay in Lodging Complaint — Continuous Offence — A delay in registering an FIR based on the initial date of occurrence mentioned in the complaint is not a ground for quashing proceedings under Section 482 Cr.P.C. when the allegations, read as a whole, indicate a series of acts constituting a continuous offence extending over a period, including acts proximate to the date of the complaint — Where the complaint narrates events spanni
India Law Library Docid # 2424378

(510) DAYANIDHI MARAN Vs. MR.M.L.RAVI AND OTHERS[MADRAS HIGH COURT] 07-03-2025
Representation of the People Act, 1951 — Sections 83, 100, 123 — Civil Procedure Code, 1908 — Order VI Rule 16 — Pleading Requirements in Election Petitions — Corrupt Practices — Striking Off Pleadings — Cause of Action — Pleadings in an election petition alleging corrupt practices must be precise, clear, and contain all material facts necessary to establish a cause of action under the Representation of the People Act, 1951 — Vague, general, frivolous, or vexatious allegations lacking
India Law Library Docid # 2424471

(511) V.SUBRAMANIAN Vs. UNION OF INDIA AND OTHERS[KERALA HIGH COURT] 07-03-2025
Prevention of Corruption Act, 1988 — Sections 3, 4, 17 — CBI Investigation Jurisdiction — Non-PC Act Offences — The CBI, upon registering an FIR alleging PC Act offences, acquires jurisdiction under Section 17 PC Act to investigate connected non-PC Act offences and private individuals — This jurisdiction continues, allowing completion of investigation and filing of a Final Report under S.173 Cr.P.C for non-PC
India Law Library Docid # 2424558

(512) ORIENTAL INSURANCE COMPANY LIMITED Vs. KHIKRAM SAHU AND OTHERS[CHHATTISGARH HIGH COURT] 07-03-2025
Motor Vehicles Act, 1988 — Negligence — Collision with Stationary Vehicle Parked Negligently — Where a vehicle (bus) is parked negligently in the middle of the road at night without any indicators or safety signals, and a motorcyclist collides with its rear due to being blinded by the lights of an oncoming vehicle, the driver of the parked bus can be held liable for contributory negligence, if not sole negligence — Filing of a police charge sheet against the driver of the parked vehicle for caus
India Law Library Docid # 2424689

(513) MOHAMMED SHAMSUDDIN KHAN Vs. MR. B. SUBBA RAO[TELANGANA HIGH COURT] 07-03-2025
Registration Act, 1908 — S. 17 & S. 49 — Unregistered Sale Deed — Admissibility and Effect on Title — Final Decree — An unregistered sale deed for immovable property, where registration is mandatory under S.17, cannot create, declare, assign, limit or extinguish any right, title or interest in the property, is inadmissible as evidence of the transaction affecting such property and cannot form a valid basis for passing a final decree for partition or allotment.
India Law Library Docid # 2424751

(514) NAWAB MOHD. SHAMSUDDIN KHAN Vs. M/S. ANISH CONSTRUCTION CO.[TELANGANA HIGH COURT] 07-03-2025
Civil Procedure Code, 1908 — Order 41 — Letters Patent (Madras), Cl. 15 — Appeal against Final Decree — Supervening Event — Closure of Main Suit — Effect of — Appeal filed against a final decree order passed by a Single Judge in a long-pending partition suit, alleging fraud and misrepresentation — During the pendency of the appeal, the main suit itself was closed by a Division Bench order with a specific finding that no lands were available for partition concerning the relevant property item wh
India Law Library Docid # 2424753

(515) INDUS PALM HOTELS AND RESORTS LTD. Vs. MR. ABDUL MUNSHAD BAIG[TELANGANA HIGH COURT] 07-03-2025
Civil Procedure Code, 1908 — Order 6 Rule 17, Proviso — Amendment of Pleadings after Trial Commencement — Due Diligence — The proviso to Order VI Rule 17 mandates that no amendment shall be allowed after the trial has commenced, unless the Court concludes that despite due diligence, the party could not have raised the matter before trial commencement — Lack of due diligence is a significant factor, though not always fatal.
India Law Library Docid # 2424787

(516) SHUHAIB Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 06-03-2025
Bharatiya Nyaya Sanhita (BNS), 2023 — Sections 316(2), 316(3), 316(5), 318(2), 318(4), 61(2)(a), and 3(5) — Bail Application — Dismissal of — Question Paper Leakage Case — The High Court dismissed a bail application in a case involving the alleged leakage of question papers, finding a prima facie case for custodial interrogation
India Law Library Docid # 2423174

(517) RAMANBHAI KARSHANBHAI PATEL Vs. VADILAL JIVRAJBHAI PATEL(SINCE DECD. THROUGH LEGAL HEIRS) AND OTHERS[GUJARAT HIGH COURT] 06-03-2025
Transfer of Property Act, 1882 — A person who never acquired ownership of property and whose agreement to sell remained incomplete is not a necessary party in a suit for possession against a permissive user they allegedly put in possession.
India Law Library Docid # 2423298

(518) SHYAMRAJ DEVNATH MAURYA AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 06-03-2025
Penal Code, 1860 — Sections 107 and Section 306 — Abetment of suicide — Abetment of suicide under Section 306 IPC requires proof of instigation or intentional aiding as per Section 107 IPC, with the intention to cause suicide, and mere harassment is insufficient
India Law Library Docid # 2423300

(519) MAUSAMI DILIPKUMAR BHATT Vs. MAUNANG LALITKUMAR GOR[GUJARAT HIGH COURT] 06-03-2025
Hindu Marriage Act, 1955 — Sections 13(b) and 26 — Guardians and Wards Act, 1890 — Section 25 — Modification of a child custody order within a Hindu Marriage Act divorce decree must be sought under Section 26 of that Act, not independently under Section 25 of the Guardians and Wards Act.
India Law Library Docid # 2423301

(520) UNITED INDIA INSURANCE COMPANY LIMITED Vs. PAGADALA NAGENDER BABU AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-03-2025
Motor Vehicles Act, 1988 — principle of "pay and recover" — The High Court dismissed the insurer's appeals against the Motor Accident Claims Tribunal's award, applying the principle of "pay and recover" established by the Supreme Court — Despite the insurer's contention that the driver lacked a valid license and that the victims were unauthorized passengers, the court held that the insurer is liable to pay the compensation to the claimants first, as the insurance policy was in force, and then ca
India Law Library Docid # 2423399