(661) DS DRINKS AND BEVERAGES PRIVATE LIMITED Vs. HECTOR BEVERAGES PRIVATE LIMITED[DELHI HIGH COURT] 03-03-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 and 2 — In trademark infringement cases involving composite marks, while the mark should be considered as a whole, the court can identify and accord prominence to a dominant part of the mark to determine deceptive similarity under general principles of trademark law and the concerning interim injunctions — The High Court dismissed an appeal against a Trial Court's order, which granted an interim injunction restraining the appellant from using the mar India Law Library Docid # 2424037
(662) ANKIT GUPTA Vs. BADRILAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-03-2025 Civil Procedure Code, 1908 — Order 1 Rule 10(2) — Impleadment of Parties — Suit for Specific Performance — Necessary Party — Heirs of Original Owner — In a suit for specific performance filed by a subsequent purchaser against his vendor, where Defendant 1’s own right stems from an agreement with the sons of the original owner, the legal heirs of the deceased original owner constitute necessary parties — Their impleadment India Law Library Docid # 2424072
(663) NARAYAN SINGH Vs. HADMAT SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-03-2025 Constitution of India, 1950 — Article 227 — Maintainability of Petition — Remedy Against Dismissal of First Appeal on Limitation — Civil Procedure Code, 1908 — Second Appeal — A petition under Article 227 of the Constitution of India is not maintainable to challenge an order of the first appellate court dismissing a regular appeal solely on the ground that it is barred by limitation, following the rejection of an application under Section 5 of the Limitation Act, 1963 — Such a dismissal results India Law Library Docid # 2424073
(664) SHRI SAVRIYA MAHAVEER GAU RAKSHA KENDRA THROUGH ITS PRESIDENT SHRI SURESH SHARMA @SWAMI GUASARANAND Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-03-2025 Madhya Pradesh Society Registrikaran Adhiniyam, 1973 — Section 32 — M.P. Gau Palan Evam Pashudhan Samvardhan Board Rules/Manual (Niyamavali) — Powers of Collector/District Committee vs. Registrar — Inquiry into Society Management — While the District Gaupalan Evam Pashudhan Samvardhan Committee, headed by the Collector, possesses powers under the relevant Manual (Niyamavali) to ensure efficient management and inspect Gaushalas (Clause 12(4) & (5)), these powers do not extend to forming a sub-com India Law Library Docid # 2424074
(665) CHEVRON INC. Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 03-03-2025 Criminal Law — Quashing of Complaint — Article 226 of the Constitution — Civil Dispute Cloaked as Criminal Case — Abuse of Process — Where the allegations in a criminal complaint, arising from a commercial transaction involving the supply and malfunctioning of goods, primarily disclose a civil dispute regarding breach of contract, warranty, or payment terms, initiating criminal proceedings amounts to an abuse of the process of the court — Such attempts to convert purely civil disputes into crimi India Law Library Docid # 2424075
(666) AJAY KUMAR CHOUDHARY Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 03-03-2025 Criminal Procedure Code, 1973 — Ss. 227, 397, 401 — Framing of Charge/Discharge — Principles reiterated — Court required to sift prosecution evidence (accepted as true prima facie) to determine existence of grave suspicion — Probative value analysis or consideration of defence material impermissible at this stage — Discharge warranted if two views possible and one only leads to suspicion, or if prosecution evidence, even if fully accepted, cannot establish the offence. India Law Library Docid # 2424076
(667) SMT. GEETA AND OTHERS Vs. JAGDISH AND OTHERS[RAJASTHAN HIGH COURT] 03-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Assessment of Income — Absence of Documentary Proof — Potentiality to Earn — Guesswork — In the absence of documentary evidence establishing the monthly income of the deceased, the Motor Accident Claims Tribunal (MACT) and the appellate court can assess income based on some guesswork, considering the deceased’s profession, qualifications, and potentiality to earn — Such guesswork, however, must not be detached from reality — Adopting the lo India Law Library Docid # 2424154
(668) TWINKLE SINGH AND OTHERS Vs. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 03-03-2025 Constitution of India — Articles 229 and 226 — Rajasthan High Court Staff Service Rules, 2002 — Rule 30 — Powers of Chief Justice — Relaxation of Rules — Mandamus — Legitimate Expectation — The Chief Justice of a High Court possesses absolute power under Article 229 of the Constitution, read with relevant High Court Staff Service Rules (like Rule 5 and Rule 30), to prescribe and relax conditions of recruitment and service for High Court staff — The power to relax rules relating to age or experie India Law Library Docid # 2424156
(669) RASNA AGRAWAL Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 03-03-2025 Rajasthan Civil Service Rules, 1951 — Rule 56 (as amended by Notification dated 31.03.2016) — Constitution of India — Article 14 — Age of Superannuation — Discrimination between MBBS and BDS Degree Holders — The proviso inserted in Rule 56 by Notification dated 31.03.2016, enhancing the age of superannuation from 60 to 62 years only for MBBS degree holder Officers of the Rajasthan Medical & Health Service, while excluding Medical Officers holding BDS (Dental) degrees recruited through the same c India Law Library Docid # 2424182
(670) SAURENDRA Vs. BHUGANI AND OTHERS[RAJASTHAN HIGH COURT] 03-03-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause — Scope of Discretion — The power to condone delay under Section 5 is discretionary and must be exercised judiciously — While courts generally adopt a liberal approach towards “sufficient cause” to ensure substantial justice prevails over technicalities, this liberality does not extend to cases marked by negligence, inaction, or lack of bona fides — The acceptability of the explanation is the crucial factor, irrespective India Law Library Docid # 2424188
(671) SITA RAM YADAV AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-03-2025 Service Law — Recruitment — Select List/Waiting List — Lapsing of Validity — Effect of Subsequent Recruitments & Delay — A claim for appointment based on a select list derived from a recruitment process initiated years prior is liable to be dismissed as untenable, particularly where India Law Library Docid # 2424206
(672) SUMAN MEENA AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-03-2025 Judicial Propriety — Parallel Proceedings — Sub Judice Matters — Police Complaints Authority — Where the issue concerning the constitution and compliance of the Police Complaints Authority (PCA) in the State, as mandated by the Supreme Court in Prakash Singh (2006) 8 SCC 1, is already sub judice before a Division Bench in a pending Public Interest Litigation (PIL) this Court deems it inappropriate to initiate or hear parallel proceedings on the same subject matter — The lis regarding PCA constit India Law Library Docid # 2424211
(673) PRIYA BLUE INDUSTRIES PVT. LTD. BHAVNAGAR Vs. M/S.GOSEAGO MULTIMODAL CORPORATION, CHENNAI. AND OTHERS[MADRAS HIGH COURT] 03-03-2025 Arbitration and Conciliation Act, 1996 — Section 9 — Interim Injunction — Trinity Tests (Prima Facie Case, Balance of Convenience, Irreparable Loss) — Failure to Satisfy — Applicants seeking interim injunction under Section 9 must establish a prima facie case, show that the balance of convenience lies in their favour, and demonstrate that they would suffer irreparable loss if the injunction is not granted Where applicants failed to make the agreed initial payment in full, provided no evidence of India Law Library Docid # 2424399
(674) G. ADHIYAMAN Vs. GOVERNMENT OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 03-03-2025 Tamil Nadu Societies Registration Act, 1975 — Section 15(4) — Term of Office of Committee Members — Illegality of Prolonged Tenure Without Elections — The continuance of individuals as office-bearers (claiming Secretaryship) of a registered society, and their informal division and management of the society’s institutions (aided schools) for nearly 20 years without conducting elections as per the bylaws, is illegal and directly violates Section 15(4) of the Act which limits the term of committee India Law Library Docid # 2424481
(675) PREMIER LEATHER CORPORATION, REP. BY ITS PROPRIETORS AND OTHERS Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 03-03-2025 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) — Section 15(2) & (3), 3(e)(v) proviso, 3(g) — Hearing of Objections and Decision Making — Separation of Functions — Collector as Appropriate Government — Where the District Collector is designated as the ‘appropriate Government’ under the proviso to Section 3(e)(v) of the Act for the purpose of taking a decision on objections under Section 15(3), the same District Collecto India Law Library Docid # 2424482
(676) ABC AND ANOTHER Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 03-03-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — Bail to Child in Conflict with Law — Exceptions — Section 12 of the JJ Act mandates release on bail for a child in conflict with law, irrespective of the offence being bailable or non-bailable, unless there are reasonable grounds to believe that release is likely to (i) bring the child into association with known criminals, (ii) expose the child to moral, physical, or psychological danger, or (iii) defeat the ends of jus India Law Library Docid # 2424711
(677) K. CHANDRAIAH Vs. TELANGANA GRAMEENA BANK AND ANOTHER[TELANGANA HIGH COURT] 03-03-2025 Evidence Act, 1872 — S.63 — Secondary Evidence — Photocopies in Domestic Enquiry — Photocopies of bank records are generally inadmissible as secondary evidence in a domestic enquiry unless proven to be accurate copies made from the original as per S.63 (by mechanical process ensuring accuracy, or compared with original) — Mere assertion that originals are with a third party (CBI) is insufficient without proper certification or compliance with secondary evidence rules. India Law Library Docid # 2424725
(678) S.A. AZEEM Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 03-03-2025 Electricity Act, 2003 — Section 43 — Duty to Supply Electricity — To Owner or Occupier — Section 43 imposes a statutory duty upon a distribution licensee to provide electricity supply upon receiving an application from the owner or occupier of any premises within its area of supply, subject to the Act’s provisions. India Law Library Docid # 2424768
(679) M/S KISCO CASTINGS (INDIA) LIMITED Vs. M/S SUNDER STEEL PRODUCTS AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 01-03-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of Plaint — Pre-trial Stage — Application seeking addition of defendants (alleged partners), quantification of interest, and modification of relief clause allowed — Held, amendments necessary for effective adjudication, do not change nature of suit, and application filed timely (pre-trial) — Liberal approach reiterated, citing Revajeetu Builders & Life Insurance Corporation. India Law Library Docid # 2423883
(680) PARKASH KAUR Vs. GURWANT SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-03-2025 Civil Procedure Code, 1908 — Order 1 Rule 10 — Impleadment in Specific Performance Suit — Subsequent purchasers demonstrating a “fair semblance of title or interest” in the suit property, derived from prior successful litigation against the vendor, can be impleaded as defendants under Order 1 Rule 10(2) CPC, even against the plaintiff’s opposition — Their presence is deemed necessary for effective adjudication and determination of questions involved (including alleged collusion), distinguishing India Law Library Docid # 2423884