(761) RADHEY SHAM @ SHAMU Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 27-02-2025 Jammu and Kashmir Public Safety Act 1978 — Section 8 — Penal Code, 1860 (IPC) — Sections 307, 323 and 148 — Failure by the sponsoring agency to inform the detaining authority about the rejection of a bail application of the detenue constitutes non-application of mind, rendering the detention order unsustainable — Habeas Corpus Petition challenging a detention order under the Jammu and Kashmir Public Safety Act 1978 is allowed — The High Court quashes the detention order because the sponsoring ag India Law Library Docid # 2423766
(762) VINIAK SHARMA Vs. UNITED INDIA INSURANCE COMPANY AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 27-02-2025 Motor Vehicle Act, 1988 — Section 149 — An owner of a vehicle who hires a driver after examining a seemingly genuine driving licence is not expected to further investigate its authenticity, and the insurance company cannot be absolved of liability unless it proves that the owner was aware or had notice that the licence was fake or invalid — Appeal against a Motor Accidents Claims Tribunal award is allowed, setting aside the liberty granted to the insurance company to recover the awarded amount f India Law Library Docid # 2423767
(763) XXXX Vs. UT OF J&K (HEALTH AND MEDICAL EDUCATION DEPT AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 27-02-2025 Constitution of India, 1950 — Article 226 — Medical Termination of Pregnancy Act, 1971 — Section 3 — Medical Termination of Pregnancy Rules, 2003 — Rules 3B — Gestational limits for pregnancy termination, the High Court can invoke its extraordinary discretionary jurisdiction under Article 226 of the Constitution of India to permit termination beyond these limits, especially in cases involving minor rape victims with consideration to their mental and physical health and relying on the principles India Law Library Docid # 2423846
(764) BILAL HASSAN ANIM Vs. SHAFEEQ AHMAD MIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 27-02-2025 Insolvency and Bankruptcy Code (IBC), 2016 — Section 14 — Negotiable Instruments Act, 1881 — Sections 138 and 143A — An order for interim compensation under Section 143-A NI Act is directory, and while a presumption exists that cheques are issued for legal debt, this is rebuttable, and the Insolvency and Bankruptcy Code (IBC), 2016, does not bar criminal proceedings under Section 138 NI Act — The High Court partly allowed a petition challenging orders of the trial and revisional courts regarding India Law Library Docid # 2423847
(765) GHULAM NABI WANI AND OTHERS Vs. JANDAD KHAN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 27-02-2025 Civil Procedure Code, 1908 — Trial courts must record a tentative finding regarding possession of the suit property when passing a status quo order for its effective implementation and to avoid confusion and multiplicity of proceedings — The High Court allowed a civil revision petition, setting aside the trial court’s status quo order and subsequent implementation orders — The court criticised the trial court for passing a status quo order without specifying which party was in possession, leadin India Law Library Docid # 2423848
(766) UNITED INDIA INSURANCE CO. LTD. Vs. SH. SHYAM BABU AND OTHERS[DELHI HIGH COURT] 27-02-2025 Penal Code, 1860 (IPC) — Sections 279, 337, and 338 — In motor accident claims, negligence of the offending vehicle's driver is a key determinant of liability under Sections 279, 337, and 338 and the insurance company is liable to pay compensation for injuries or death caused by the insured vehicle, including attached parts like a trolley, with the quantum of compensation for loss of estate to legal heirs who are not dependents determined based on the deceased's annual savings, guided by precede India Law Library Docid # 2424047
(767) MANISH JHA Vs. STATE OF GNCTD AND OTHERS[DELHI HIGH COURT] 27-02-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 420 and 120B — A summoning order in a criminal complaint under Section 482 read with Article 227 of the Constitution of India for offences under Sections 420/120B of the IPC will not be quashed if the complaint and pre-summoning evidence prima facie disclose the commission of an offence, and the defence taken by the accused needs to be established during the trial — The High Court dismissed a petition under Se India Law Library Docid # 2424048
(768) SMT VANDANA PAL Vs. DHARMENDRA PAL[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 27-02-2025 Guardians and Wards Act, 1890 — Section 25 and 47 — Hindu Minority and Guardianship Act, 1956 — Sections 6 and 13 — Custody of Minor — Welfare of Child as Paramount Consideration — Natural Guardian’s Right — Ex Parte Order — In an appeal challenging an ex parte order granting custody of a minor son (born 2008) to the respondent-father under Section 25 of the Guardians and Wards Act, the determining principle remains the “welfare of the child,” as mandated by Section 13 of the Hindu Minority and India Law Library Docid # 2424068
(769) BAJAJ FINANCE LIMITED Vs. SEETHA KUMARI[DELHI HIGH COURT] 27-02-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Contract Act, 1872 — Sections 73 and 74 — An arbitral award can be challenged under Section 34, but the court will not interfere with a plausible interpretation of the contract by the arbitral tribunal or the reasonable assessment of compensation under Sections 73 and 74 of Act, 1872, even if based on a fair estimation or “guesstimate” in the absence of precise evidence of loss, provided it is not wholly contrary to law or public policy — The India Law Library Docid # 2424090
(770) VISHAL VERMA Vs. STATE GOVT. OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 27-02-2025 Constitution of India, 1950 — Article 226 — In matters concerning the custody and visitation rights of a minor child, the paramount consideration is the welfare and best interest of the child, and the High Court, in exercising its writ jurisdiction under Article 226, can pass interim arrangements based on the child's wishes and the conduct of the parents, while also respecting orders passed by the Supreme Court in related proceedings — The High Court clarified the visitation rights of a father w India Law Library Docid # 2424091
(771) CHINMAY BISWAS Vs. STATE GOVT OF NCT OF DELHI AND ANOTHER[DELHI HIGH COURT] 27-02-2025 Hindu Succession Act, 1956 — Section 14(1) — Succession Act, 1925 — Sections 63 and 276 — To grant probate of a Will under Section 276, the court must be satisfied about the due execution and validity of the Will, which typically involves examining the evidence of the attesting witnesses as per Section 63 — Additionally, the interpretation of bequests in a Will should aim to ascertain the testator's intention by considering the document as a whole, and in cases involving Hindu females and proper India Law Library Docid # 2424092
(772) DEEPANKAR VISHWAS Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 27-02-2025 Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail —Maintainability — Proclaimed Offender — An application for anticipatory bail under Section 438 Cr.P.C. is maintainable even if proceedings under Section 82/83 Cr.P.C. have been initiated against the accused or he has been declared a proclaimed offender. India Law Library Docid # 2424118
(773) STATE OF M.P. AND OTHERS Vs. KAMLESH NARAIN SHARMA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 27-02-2025 Service Law — Promotion — Sealed Cover Procedure — Pendency of Departmental Inquiry at the time of DPC Meeting — M.P. Government Circulars dated 30.06.1994 and 11.09.2007 — Held, the crucial factor for adopting the ‘sealed cover’ procedure during Departmental Promotion Committee (DPC) deliberations is the pendency of a departmental inquiry or criminal proceeding against the employee on the date the DPC convenes — The fact that Annual Confidential Reports (ACRs) under consideration pertain to a p India Law Library Docid # 2424112
(774) ABDUL RASHID AND OTHERS Vs. SMT. SAJIDA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 27-02-2025 Mohammedan Law — Mehrnama — Transfer of Immovable Property —Registration and Stamp Duty — Transfer of Property Act, 1882 — Registration Act, 1908 — A document styled as ‘Mehrnama’ allegedly transferring immovable property worth more than Rs.100 requires compulsory registration and adequate stamp duty under the Transfer of Property Act and the Registration Act — These statutory provisions prevail over Mohammedan Law concerning the transfer of property — Failure to register and stamp renders the d India Law Library Docid # 2424113
(775) BALBIR SINGH TOMAR Vs. JAIPUR DEVELOPMENT AUTHORITY[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 27-02-2025 Jaipur Development Authority Act, 1982 — S. 72, 74 — NIMS University Rajasthan, Jaipur Act, 2008 — S. 2(u), 3(2), 11 — Liability for Encroachment — Sponsoring Body vs. University — Following the enactment of the NIMS University Act, 2008, which vests properties and control in the NIMS University and defines its officers, liability for alleged offences like encroachment (under S. 72 JDA Act) concerning University property or activities rests with the University and/or its designated officers — A India Law Library Docid # 2424266
(776) DURGA SHANKAR AND OTHERS Vs. THAKURANI SMT. PREM KUMARI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 27-02-2025 Civil Procedure Code, 1908 — Order VIII Rules 3, 4, 5 — Pleadings — Specific Denial — Where the defendants in their written statement explicitly deny the plaintiff's core averments regarding the submission of specific applications, layout plans, the giving of written assurances, and the surrender of disputed land by the original owner, and state that plaintiffs bear the burden of proof, such denials cannot be construed as evasive or merely denials for want of knowledge — They constitute specific India Law Library Docid # 2424269
(777) GUNASEKARAN Vs. THE STATE REP. BY THE INSPECTOR OF POLICE, ANDIPATTY POLICE STATION, THENI DISTRICT.[MADRAS HIGH COURT (MADURAI BENCH)] 27-02-2025 Evidence Act, 1872 — Section 134 — Reliability of Single Eyewitness — Corroboration — A conviction for murder under Section 302 IPC can be sustained based on the testimony of a single eyewitness (PW1, sister of the deceased), provided the testimony is found credible and reliable — Such reliability is strengthened when corroborated by other evidence, including the testimony of a witness who saw the accused fleeing the scene with a weapon shortly after the incident, testimony of a doctor confirmin India Law Library Docid # 2424400
(778) M/S. VEE KAY LOGISTICS Vs. THE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL CHENNAI REGION[MADRAS HIGH COURT] 27-02-2025 Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) — Sections 18 & 19 — Arbitration and Conciliation Act, 1996 — Section 34 — Constitution of India, 1950 — Article 226 — Maintainability of Writ Petition against MSEFC Award — Alternate Remedy — Pre-deposit — A writ petition under Article 226 of the Constitution challenging an award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) under Section 18 of the MSMED Act is generally not maintainable — The aggriev India Law Library Docid # 2424401
(779) UNION OF INDIA Vs. EMAMI AGROTECH LTD.[BOMBAY HIGH COURT] 26-02-2025 Arbitration and Conciliation Act, 1996 — Comparability of Price Points — The Court held that the price points in two different contracts cannot be compared without adjusting for varying parameters, and the arbiter's decision to not compare the prices was not perverse or in conflict with basic notions of justice or morality India Law Library Docid # 2423092
(780) SOUTH GANGA WATERS TECHNOLOGIES (P) LTD. Vs. VEDANTA LIMITED[MADRAS HIGH COURT] 26-02-2025 Arbitration and Conciliation Act, 1996 — Section 11(6-A) — Scope of Inquiry by Referral Court — Prima Facie Existence of Agreement — The scope of examination by the Court under Section 11(6-A) is confined to the prima facie determination of the existence of a valid arbitration agreement — The Court at the referral stage should not conduct a mini-trial or delve into contested issues regarding the merits of the claim, limitation of the underlying dispute or other preliminary matters, which fall wi India Law Library Docid # 2424402