(641) MOULALI Vs. STATE OF KARNATAKA AND ANOTHER[KARNATAKA HIGH COURT (DHARWAD BENCH)] 04-03-2025 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Sections 187(3) & 193(2) — Statutory / Default Bail — Calculation of Period — Date of Filing Charge Sheet — For determining the availability of statutory/default bail under Section 187(3) BNSS, the charge sheet is considered “filed” when it is presented to and received by the competent court/Judge, as evidenced by the Judge’s endorsement and date on the charge sheet itself — The subsequent date of ministerial acts like checking, verification, reg India Law Library Docid # 2424437
(642) HANAMANT DUNDAPPA NARALE AND OTHERS Vs. PANDURANG AND OTHERS[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 04-03-2025 Motor Vehicles Act, 1988 — Sections 165 & 166 — Nature of Negligence — Actionable vs. Culpable — Proof — Claims for compensation under the Motor Vehicles Act are founded on the principle of actionable negligence, requiring proof of a breach of duty of care causing injury or damage — This standard is distinct from culpable negligence, which involves a higher degree of fault (gross breach, recklessness) relevant for criminal prosecution — For awarding compensation under the Act, establishing the v India Law Library Docid # 2424440
(643) VASUKI AND OTHERS Vs. GANESAN AND OTHERS[MADRAS HIGH COURT] 04-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Contributory Negligence — Absence of Driving Licence — The mere non-possession of a valid driving licence by the deceased victim at the time of the accident, per se, does not automatically lead to a finding of contributory negligence — To fasten contributory negligence, there must be positive evidence to show that the victim drove the vehicle in a rash and negligent manner or otherwise contributed to the cause of the accident — In the absen India Law Library Docid # 2424477
(644) UNIVERSITY COLLEGE LONDON Vs. ASSISTANT CONTROLLER OF PATENTS AND DESIGNS AND OTHERS[MADRAS HIGH COURT] 04-03-2025 Patents Act, 1970 — Section 16(1) — Divisional Application — Filing by Applicant’s Choice — Requirement of Plurality of Invention — Section 16(1) of the Patents Act, 1970 permits a patent applicant to file a divisional application suo motu (“if he so desires”) at any time before the grant of the parent patent, even without an objection from the Controller regarding lack of unity of invention — However, the substantive requirement for a valid divisional application is that the claims of the compl India Law Library Docid # 2424478
(645) Y. BABU Vs. INSPECTOR OF POLICE[MADRAS HIGH COURT] 04-03-2025 Criminal Procedure — Bail and Anticipatory Bail Applications — Listing Procedure — High Court Practice — Applications from Same FIR vs. Successive Applications — Effect of Roster Change — Supreme Court Clarification — Following the clarification by the Hon’ble Supreme Court in Shekhar Prasad Mahto v. The Registrar General, Jharkhand High Court, the governing principle for listing bail/anticipatory bail applications is primarily based on ensuring consistency when dealing with matters arising from India Law Library Docid # 2424479
(646) MS. SHRIYA UPPATI Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 04-03-2025 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 23(1) — Cancellation of Gift Deed — Conditions Precedent — Necessity of Explicit Condition in Deed — For invoking Section 23(1) to declare a transfer (like a gift deed) void, two pre-requisites must be fulfilled: (i) the transfer must have been made subject to an explicit condition that the transferee shall provide basic amenities and physical needs to the transferor (senior citizen), and (ii) the transferee must have ref India Law Library Docid # 2424756
(647) DASARI CHANDU @ CHANDRA Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 04-03-2025 Penal Code, 1860 — Section 34 — Common Intention — To invoke Section 34 IPC, the prosecution must establish a pre-arranged plan and prior meeting of minds among all accused — Mere presence at the scene, particularly without attribution of specific overt acts contributing to the commission of the crime, is insufficient to infer common intention, especially when eyewitness accounts primarily implicate other accused in the actual commission of the act India Law Library Docid # 2424785
(648) SUNIL ANNA KAKADE AND OTHERS Vs. LAXMI BALU KAKADE AND OTHERS[BOMBAY HIGH COURT] 03-03-2025 Maharashtra Land Revenue Code, 1966 — Partition — Ancestral property — A mere recording of names in a revenue record without following due procedure under the Maharashtra Land Revenue Code, 1966, does not conclusively prove partition of ancestral property India Law Library Docid # 2423094
(649) SUO MOTU PROCEEDINGS INITIATED ON THE COMMUNICATION RECEIVED FROM THE MEMBER SECRETARY Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 03-03-2025 Prohibition of Child Marriage Act, 2006 — To eradicate child marriage among tribal communities, a multifaceted approach is necessary, involving community-based awareness and support programs, sensitization efforts, and coordination among government agencies, NGOs, and legal services authorities, as directed by the Court to protect the rights and well-being of children. India Law Library Docid # 2423169
(650) PREETHA RADHAKRISHNAN Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 03-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 439(2) and 437(5) — Willful violation of bail conditions, such as failing to surrender passports for an extended period, justifies bail cancellation, which can be exercised by a Magistrate under Section 437(5) Cr.P.C., even if the petition is filed under Section 439(2) Cr.P.C. India Law Library Docid # 2423170
(651) UNION OF INDIA AND OTHERS Vs. A.MOHANDAS AND ANOTHER[KERALA HIGH COURT] 03-03-2025 Department of Posts (Group D Posts) Recruitment Rules, 2002 — Rules 3 and 4 — Tribunal's Order Quashed for Erroneous Interpretation of Recruitment Rules — The High Court set aside the Central Administrative Tribunal's order, which had directed the Department of Posts to promote the applicants to India Law Library Docid # 2423171
(652) DR.NARAYANAN P.V. Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 03-03-2025 Protection of Children from Sexual Offences Act, 2012 — Sections 7 and 8 — Settlement between Accused and Victim not Grounds for Quashment in Serious Offences — The Court relied on Supreme Court decisions to hold that, in serious offences like those under the POCSO Act, a settlement India Law Library Docid # 2423172
(653) R.S.BIJU Vs. KOUSALYA AMMA AND OTHERS[KERALA HIGH COURT] 03-03-2025 Civil Procedure Code, 1908 — Section 96 — Regular First Appeal not Maintainable against Dismissal for Non-Prosecution – The High Court held that a Regular First Appeal under Section 96 is not maintainable against an order dismissing a suit for non-prosecution/default. India Law Library Docid # 2423173
(654) RANA BHAVIK JAGDISHCHANDRA Vs. RANA DARSHANA ARVINDKUMAR[GUJARAT HIGH COURT] 03-03-2025 Family Courts Act, 1984 — Section 19 — Guardians and Wards Act, 1890 — A child custody appeal under the Family Courts Act, 1984, can be resolved and disposed of based on a mutually agreed settlement between the parties. India Law Library Docid # 2423267
(655) SHAMMA JAHAN Vs. NAZEER SIDDHIBHAI PATTANI[GUJARAT HIGH COURT] 03-03-2025 Family Courts Act, 1984 — Section 7 and 19 — Muslim Marriage Act, 1954 — Sections 2(ii), 2(iv) and 2(ix) — A High Court can grant a decree of divorce by consent based on an amicable settlement (MoU) in an appeal, especially when the marriage has irretrievably broken down. India Law Library Docid # 2423271
(656) MAHMMAD IDRISH GAFURBHAI SADA Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 03-03-2025 Criminal Procedure Code, 1973 (CrPC) — Section 216 — Penal Code, 1860 (IPC) — Section 307 — Power to alter or add to any charge with the Court at any stage of the trial before the judgment is pronounced — The High Court clarifies that while the Court has this inherent power, it can consider information and evidence brought to its attention by the complainant or victim through an application — The Court is expected to independently assess the available evidence on record to determine if a prima f India Law Library Docid # 2423261
(657) HARSH Vs. SHASHWAT HOME LLP AND OTHERS[GUJARAT HIGH COURT] 03-03-2025 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Sections 60(2), 64(1) and 76 — Apportionment of settled compensation to the LARRA — Land Acquisition and Rehabilitation and Resettlement Authority (LARRA) derives its jurisdiction to adjudicate disputes related to compensation, as outlined in Section 60(2), solely upon a reference made by the Collector India Law Library Docid # 2423262
(658) DR. S.G.R.PRAKASH Vs. UNION OF INDIA AND OTHERS[TELENGANA HIGH COURT] 03-03-2025 Rights of Persons with Disabilities Act, 2016 — Section 20(4) — Treatment of Absence Period for Employees with Disabilities — Court can intervene if employer's treatment of absence period is unjust, especially under the Act, 2016. India Law Library Docid # 2423369
(659) VATTIKUTI BHARATHI AND OTHERS Vs. JANGILI KRISHNAM RAJU AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-03-2025 Motor Vehicles Act, 1988 — Section 173 — Appellate courts in motor accident claims cases will review the adequacy of compensation awarded by the MACT, scrutinizing the evidence regarding the deceased's income and applying established principles and precedents, including deductions for personal expenses and additions for future prospects, to arrive at a just compensation. India Law Library Docid # 2423412
(660) BORODA INGTI @ MIKIR AND ANOTHER Vs. MRS JOYMATI BALA INGTI AND OTHERS[GAUHATI HIGH COURT] 03-03-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 and Section 151 — Limitation Act, 1963 — Article 59 — Revision petition challenging the Trial Court's rejection of an application for amendment of the plaint in a suit seeking declaration of tenancy rights and recovery of possession — The High Court allowed the amendment, noting that while the amendment related to old events, the question of limitation under Article 59, would be determined during the trial — The challenge to the sale deed and mutation India Law Library Docid # 2423439