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(681) PRAHLAD RATHOUR Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 23-04-2025
Criminal Procedure Code, 1973 (now Bharatiya Nagarik Suraksha Sanhita, 2023) — Section 528 (formerly Section 482) — Inherent power of High Court — Quashing of proceedings — Limitation — Adjudication of questions of fact, appreciation of evidence, or examining reliability/credibility of versions do not fall within the ambit of Section 528
India Law Library Docid # 2425670

(682) SUNA RAM UIKEY Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 302 — Murder — Throttling — Death due to respiratory failure from asphyxia caused by throttling, homicidal nature of death proved by medical evidence (postmortem report indicating extravasation under neck bruise and fractured hyoid bone).
India Law Library Docid # 2425671

(683) DOMAR SINGH VERMA Vs. RAJARAM BAGHEL AND ANOTHER[CHHATTISGARH HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 and 2 — Temporary injunction — Suit for Specific Performance of Contract — Essential ingredients for grant of temporary injunction are prima-facie case, strong likelihood of success, and a valid and enforceable contract — Burden on plaintiff to establish defendant’s obligation and validity of contract — Temporary injunction cannot be granted where facts are disputed by the defendant, creating doubts as to the existence of a concluded contract — Delay
India Law Library Docid # 2425672

(684) TSEWANG RIGZIN Vs. LADAKH AMCHI SABHA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 23-04-2025
Constitution of India — Article 227 — Supervisory jurisdiction of High Court over subordinate courts and tribunals — Alternative statutory remedy of appeal — Principles governing exercise of jurisdiction — High Court’s power is discretionary and to be exercised sparingly, generally limited to preventing subordinate courts from exceeding their authority or ensuring law is followed — Interference is warranted only in cases of patent perversity, gross and manifest failure of justice, or violation o
India Law Library Docid # 2425817

(685) JUNGSHER Vs. ANITA DEVI[HIMACHAL PRADESH HIGH COURT] 23-04-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Burden of proof — Presumption under Section 139 — When accused raises a probable defence casting doubt on complainant’s case or financial capacity, burden shifts to complainant to prove financial capacity and other relevant facts.
India Law Library Docid # 2425893

(686) RAMESHBHAI GANDUBHAI GUJARATI AND OTHERS Vs. SHANTABEN KESHUBHAI GUJARATI AND ANOTHER[GUJARAT HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Appeal — Limitation — Condonation of delay — Section 5 of Limitation Act, 1963 — Sufficient Cause — Negligence or inaction — Absence of bona fides — Defendants in suit filed written statement but did not participate further, leading to ex parte decree after evidence by plaintiff — Appeal filed 7 years and 6 months later — Application for condonation of delay citing unawareness of decree until mutation entry in revenue records 7 years
India Law Library Docid # 2425994

(687) MD. NASIR ALI @ NASIRUDDIN AHMED Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 376(2)(i) — Rape — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault against child — Evidence — Statements under Section 164 Cr.P.C. — Admissibility under Section 32 of Evidence Act — Victim deceased and unable to depose — Absence of eye-witnesses — Trial Court’s reliance on victim’s Section 164 statement as substantive evidence under Section 32 of
India Law Library Docid # 2426204

(688) ORIENTAL INSURANCE COMPANY LTD. Vs. SRI. PARTHA PRATIM HAZARIKA AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Motor Vehicles Act, 1988 — Section 173(1) — Motor Accident Claim — Injury Case — Compensation — Assessment of — Delay in filing FIR and obtaining disability certificate not necessarily rendering claim fraudulent or untrue — Accident proved by evidence of claimant, medical officer, exhibited medical documents, accident report, and charge sheet — Rash and negligent driving of offending vehicle
India Law Library Docid # 2426205

(689) SAFINA KHATUN AND OTHERS Vs. MOINUR ALI AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Section 47 — Execution of Decree — Questions to be determined by the Court executing decree — Scope and limitations — Executing court’s powers under Section 47 are microscopic and limited to questions of execution, discharge, or satisfaction of the decree — Executing court cannot go behind the decree or examine its validity unless the order allowing execution is without jurisdiction — Validity of decree must be challenged in a properly constituted suit or other avail
India Law Library Docid # 2426206

(690) VISWANATHAN (DIED) AND OTHERS Vs. STATE[MADRAS HIGH COURT] 23-04-2025
Penal Code, 1860 — Sections 147, 148, 294B, 302, 302 R/W 34, 302 R/W 109, 324, 427, 452 — Murder and related offences — Evidence — Eye-witnesses — Reliability — Close relatives — Injured witnesses — When eye-witnesses are closely related to the deceased, their testimony is not automatically unreliable, especially when they are also injured witnesses and their accounts are consistent and appear truthful, even without
India Law Library Docid # 2427930

(691) M/S DEEPAK AND CO THROUGH ITS PARTNER SMT POONAM PORWAL Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND ANOTHERS[DELHI HIGH COURT] 22-04-2025
Tender — Integrity Pact (Annexure ‘G’) — Deficiency — Absence of Witness Signatures — Rectification Post Bid Opening — Permissibility — Discussion on whether permitting a bidder (Respondent No. 2) to rectify the deficiency of missing witness signatures on the submitted Integrity Pact (Annexure ‘G’) after the opening of financial bids vitiates the tender process. Consideration of the nature of the Integrity Pact as a document signifying compliance in anticipation of the award, rather than purely
India Law Library Docid # 2424862

(692) DALBIR SINGH AND ANOTHER Vs. M/S. KRISAM PROPERTIES PRIVATE LIMITED[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Arbitration and Conciliation Act, 1996 — Section 8 — Arbitrability of Disputes — Scope of Judicial Review Post-Amendments (2015 & 2019) — Kompetenz-Kompetenz — Following the legislative amendments of 2015 and 2019, the scope of judicial scrutiny under Section 8 of the Act at the referral stage is extremely limited — The court’s role is primarily to conduct a prima facie review to ascertain the existence of a valid arbitration agreement — Issues relating to the arbitrability of the dispute are, a
India Law Library Docid # 2425084

(693) HARYANA AGRO-INDUSTRIES CORPORATION LTD. Vs. M/S. DEVI DAYAL SACHIN KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Limitation Act, 1963 — Contract Act, 1872 — Arbitration Claim — Bar of Limitation.

Arbitration proceedings initiated significantly beyond the limitation period prescribed both within the governing agreement and under the general law of limitation are liable to be rejected as time-barred — An arbitral award dismissing a claim on the ground of limitation, where the delay is undisputed and substantial is generally not liable to be interf
India Law Library Docid # 2425085

(694) HABEEN ALIAS HABIN ALIAS HABIB Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 22-04-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 [(as invoked in the order)] — Regular Bail — Factors for Grant — Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015 / IPC S. 120-B. - In exercising jurisdiction invoked under Section 483 BNSS for grant of regular bail concerning offences under the Haryana Gauvansh Sanrakshan & Gausamvardhan Act, 2015 (Sections 3/13(1), 8/13(3)) and Section 120-B IPC, the Court considered the cumulative effect of several factors: (i) the period of c
India Law Library Docid # 2425086

(695) ECOSAFE INFRAPROJECTS LLP, THROUGH ITS DESIGNATED PARTNER MR. SAMANVAY PARASHAR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 22-04-2025
Rajasthan Minor Mineral Concession Rules, 2017 (RMMCR 2017) — Rules 9(1) proviso, 16(3), 21(6) — E-auction Notice — Period of Lease — Commencement Date — Environmental Clearance (EC) — Alleged Ambiguity — An e-auction notice clause specifying the period of a mining lease for mineral bajri (river sand) as five years commencing from the date of registration of the lease deed is not vague, ambiguous, or uncertain — This clause is perfectly aligned with the statutory scheme under RMMCR 2017, specifi
India Law Library Docid # 2425384

(696) NAGAD NARAYAN AGRO FOODS PVT. LTD. Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 22-04-2025
Administrative Law — Principles of Natural Justice — Bias — Nemo Judex in Causa Sua (No one should be a judge in his own cause) — Appellate Authority — Distinction between ‘Post’ and ‘Person’ — Multi-member Body — The principle of nemo judex in causa sua, which prohibits a person from acting as a judge in a matter where they have an interest or have previously acted in a different capacity, applies to the individual decision-maker, not merely the post held — Where rules designate the
India Law Library Docid # 2425385

(697) STATE Vs. JAVED KHAN AND OTHERS[RAJASTHAN HIGH COURT] 22-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal Against Acquittal — Scope of Interference — Principles — An appellate court, while deciding an appeal against acquittal under Section 378 CrPC, must adhere to established principles: (i) acquittal strengthens the presumption of innocence; (ii) evidence must be comprehensively reappreciated; (iii) if two views are possible, the one favoring the accused should ordinarily prevail; (iv) if the trial court’s view is legally plausible, mere p
India Law Library Docid # 2425386

(698) STATE OF MADHYA PRADESH AND OTHER Vs. LACHU @ LAXMI NARAYAN[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-04-2025
M.P. Prisoner’s Release on Probation Act, 1954 — Section 2 & Rule 11 (M.P. Prisoner’s Release on Probation Rules, 1964) — Effect of Setting Aside Release Order in LPA — Bonafide Belief of Licence Continuance — Where a writ petitioner, convicted under Section 302 IPC and sentenced to L.I., was released on probation by a Single Bench order, and this order was subsequently set aside in an L.P.A. directing him to surrender, his continued absence from prison cannot be deemed as part of the period of
India Law Library Docid # 2425533

(699) CUREWIN HYLICO PHARMA PVT. LTD. Vs. CUREWIN PHARMACEUTICALS PVT. LTD AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-04-2025
Commercial Courts Act, 2015 — Institution of Suit — Proper Valuation and Court Fees — Pre-institutional Mediation — A commercial suit is considered ‘duly instituted’ only after proper valuation, payment of requisite ad valorem court fees, and, where applicable (if no urgent interim relief is sought), exhaustion of the remedy of pre-institutional mediation as per Section 12-A of the Act — Until these conditions are met, the Commercial Court may not have full jurisdiction to proceed, and summons t
India Law Library Docid # 2425534

(700) SHIVANI AND OTHERS Vs. BHERULAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-04-2025
Civil Procedure Code, 1908 — Order 8 Rule 6-A(1) — Filing of Counter-Claim — After Written Statement — A counter-claim is not barred from being filed merely because the defendant has already filed their written statement — Rule 6-A(1) requires that the cause of action for the counter-claim must have accrued to the defendant before the defendant delivered their defence or before the time limited for delivering the defence expired — The court, in its discretion, may allow a counter-claim to be fil
India Law Library Docid # 2425535