(921) MUNAWWAR SULTANA MIRZA NAEEM BAIG AND OTHERS Vs. MUMBAI BUILDING REPAIR & RECONSTRUCTION BOARD (MHADA UNIT) AND OTHERS[BOMBAY HIGH COURT] 25-03-2025 Maharashtra Housing and Area Development Act, 1976 (MHADA Act) — Section 79-A — Redevelopment of Dilapidated Cessed Building — Right of Tenants/Occupants — Procedure and Timelines — Section 79-A of the MHADA Act outlines a sequential procedure for the redevelopment of dilapidated cessed buildings classified as dangerous — Primarily, the owner/landlord is granted an initial period (three months from the notice under Section 354 of the Mumbai Municipal Corporation Act, 1888) to undertake redevelop India Law Library Docid # 2424367
(922) ADIUVO DIAGNOSTICS PRIVATE LIMITED Vs. UNION OF INDIA AND OTHERS[MADRAS HIGH COURT] 25-03-2025 Constitution of India, 1950 — Article 226 — Patents Act, 1970 — Section 25(1) — Judicial Review of Pre-Grant Opposition Rejection — Alternative Remedy — While the Patents Act, 1970 does not provide a statutory appeal against the rejection of a pre-grant opposition, the High Court retains discretionary jurisdiction under Article 226 to interfere if the decision-making process is flawed — However, the Court will ordinarily decline to exercise this term “Held” and referencing the relevant paragraph India Law Library Docid # 2424459
(923) E.T. MOHANAN Vs. PANKAJAKSHY AND OTHERS[KERALA HIGH COURT] 25-03-2025 Hindu Law — Joint Family Property — Nucleus — Burden of Proof — While there is a presumption that a Hindu family is joint, there is no presumption that it possesses joint property — The burden lies on the person alleging that property is joint family property to prove the existence of an adequate nucleus of ancestral property from which subsequent acquisitions could have been made — Once adequate nucleus is proved, the burden shifts to the member claiming property as self-acquired to prove it wa India Law Library Docid # 2424582
(924) FAKRUDEEN K.V. @ FAKRUDEEN PANTHAVOOR Vs. STATE OF KERALA[KERALA HIGH COURT] 25-03-2025 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) — Sections 3(1)(r), 18 & 18A — Anticipatory Bail — Prima Facie Case — Insult or Intimidation in Public View — For determining the applicability of the bar on anticipatory bail under Sections 18 and 18A of the SC/ST Act, the court must ascertain if a prima facie case for an offence under the Act is made out — An offence under Section 3(1)(r) (intentional insult or intimidation with intent to humiliate a mem India Law Library Docid # 2424583
(925) P.A. THOMAS (DIED) AND OTHERS Vs. M/S. SOUTHERN HOUSING CORPORATION LTD. AND OTHERS[KERALA HIGH COURT] 25-03-2025 Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Proof — Conduct of Parties — In a suit for specific performance, the plaintiff must plead and prove readiness and willingness to perform their part of the contract continuously — While financial capacity is relevant, readiness and willingness encompass more than just financial means and include the plaintiff’s conduct and intention throughout — Where the plaintiff has paid a substantial portion of the India Law Library Docid # 2424584
(926) PICHI AND OTHERS Vs. ARULAN NADAR ANANTHAPAPPU AND OTHERS[KERALA HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Section 47 — Execution Proceedings — Scope — Res Judicata — The scope of inquiry under Section 47 CPC is confined to questions relating to the execution, discharge, or satisfaction of the decree — An executing court cannot go behind the decree unless the decree is shown to be a nullity or passed without inherent jurisdiction — Objections regarding the correctness or legality of the decree, or matters that were raised or could have been raised and were decided during India Law Library Docid # 2424585
(927) E.T. MOHANAN Vs. PANKAJAKSHY AND OTHERS[KERALA HIGH COURT] 25-03-2025 Hindu Law — Joint Family Property — Mitakshara School — Property obtained in Partition — Ancestral Character — Birth Right — Under the Mitakshara school of Hindu Law, property obtained by a coparcener upon partition of joint family property retains its character as ancestral property vis-a-vis his own male issue (sons, grandsons, great-grandsons) — Such male issue acquires an interest in it by birth. The fact that the partition deed recites some properties as self-acquired by the partitioning me India Law Library Docid # 2424586
(928) STATE OF CHHATTISGARH Vs. SURAJRAM AND OTHERS[CHHATTISGARH HIGH COURT] 25-03-2025 Penal Code, 1860 — Sections 149, 302, 307 — Unlawful Assembly — Murder and Attempt to Murder — Evidence of Injured Eyewitness — Corroboration — The testimony of an injured eyewitness (PW-1) regarding the commission of murder and attempt to murder by members of an unlawful assembly carries significant evidentiary value — Minor contradictions or omissions, or failure to name all accused in the FIR initially, do not vitiate the entire testimony if the witness consistently implicates the accused, in India Law Library Docid # 2424700
(929) THE UNITED INDIA INSURANCE CO LTD Vs. KARU NUKALAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 25-03-2025 Motor Vehicles Act, 1988 — Section 166 — Legal Representative — Entitlement of Married Daughter to Claim Compensation — A married daughter, being a legal heir under personal law, falls within the inclusive definition of ‘legal representative’ under Section 2(11) of the Code of Civil Procedure, 1908 (applicable to the Motor Vehicles Act, 1988) and is therefore entitled to maintain a claim petition under Section 166 seeking compensation for the death of her father in a motor accident — Her eligibi India Law Library Docid # 2424823
(930) SANGISAPU SEETARAMA RAO AND OTHERS Vs. B V S MURTHY[ANDHRA PRADESH HIGH COURT] 25-03-2025 Registration Act, 1908 — Transfer of Property Act, 1882 — Cancellation of Registered Sale Deed — A registered sale deed cannot be unilaterally cancelled by the vendor by executing a cancellation deed before the Sub-Registrar Such cancellation is void, non est, and meaningless, especially without mutual consent of all parties or an order from a competent Civil Court annulling the sale deed — The Sub-Registrar lacks the authority to register such unilateral cancellation deeds. India Law Library Docid # 2424872
(931) CH. KESHO DASS (DECEASED) THROUGH LRS Vs. LOCHAN SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Evidence — Oral Sale of Land — Burden of Proof — In a claim based on an alleged oral sale of substantial land for a significant consideration (Rs. 35,000 in 1952), the burden lies heavily upon the plaintiff asserting the sale — The absence of any oral or documentary evidence substantiating the transaction, coupled with the implausibility of such a high-value oral transaction without documentation, points against the veracity of the claim. India Law Library Docid # 2424984
(932) PREM SAGAR Vs. CHAMAN LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Hindu Law — Joint Family Property — Presumption and Nucleus — The mere existence of a joint Hindu family does not raise a presumption that property possessed by a member is joint family property — The party alleging that property is joint must demonstrate the existence of an adequate joint family nucleus from which the property could have been acquired — Upon such proof, the onus shifts to the party claiming self-acquisition. India Law Library Docid # 2424985
(933) SMT. SANTOSH AND ANOTHER Vs. SATBIR @ KALIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Loss of Dependency (Pension) — Where a deceased ex-serviceman was receiving pension and the widow is entitled to family pension, the loss of dependency arising from the pension component is assessable based on the difference between the deceased’s pension and the family pension payable to the widow — Appropriate deductions for personal expenses and the relevant multiplier based on the deceased’s age apply to this differential amount. India Law Library Docid # 2424986
(934) SUKHDEEP SINGH Vs. HARBANT KAUR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Order 18 Rule 3 — Rebuttal Evidence — A plaintiff’s right to lead evidence in rebuttal is restricted to issues where the burden of proof lies on the defendant — To exercise this right, the plaintiff must explicitly reserve it, either at the time of closing affirmative evidence or, at the latest, before the defendant commences their evidence — Failure to reserve this right forfeits the entitlement to lead rebuttal evidence on issues where the onus rests with the plain India Law Library Docid # 2424987
(935) PAWAN KUMAR Vs. YOMI AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 — Section 125 — Interim Maintenance — Assessment of Husband’s Income — In proceedings for interim maintenance, the Family Court possesses the authority to assess the husband’s income by considering factors beyond his declared unemployment — Evidence such as high educational qualifications (B.Tech.), maintenance of multiple bank accounts with regular transactions, significant insurance policy premiums, and substantial EMI payments for large loans justifies a presumpt India Law Library Docid # 2424988
(936) KALU SINGH Vs. STATE[RAJASTHAN HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 (Cr.P.C.) — Section 319 — Summoning Additional Accused — Standard of Proof Required — Material Contradictions in Evidence — The power under Section 319 Cr.P.C. to summon an additional accused should not be exercised lightly or mechanically — A higher degree of satisfaction is required than merely prima facie case formation during charge framing — The evidence adduced during trial, forming the basis for summoning, must be scrutinized carefully — Significant contradic India Law Library Docid # 2425051
(937) HARWINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 — Section 319 — Power to Summon Additional Accused — The power conferred upon the trial court by Section 319 Cr.P.C. to proceed against any person not being an accused, based on evidence adduced during inquiry or trial, is an extraordinary power to be exercised sparingly and only where circumstances strongly warrant it to ensure complete justice. India Law Library Docid # 2425011
(938) VED PARKASH AND ANOTHER Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Drugs and Cosmetics Act, 1940 — Section 28 read with Section 18A — Penalty for Non-Disclosure — Conviction under Section 28 for contravention of Section 18A (failure to disclose the source of drug acquisition) is unsustainable against retailers or distributors who, upon being required by a Drug Inspector, furnish the name, address, and particulars (including purchase bills) of the person (distributor or manufacturer, respectively) from whom they acquired the drug — Such disclosure constitutes co India Law Library Docid # 2425012
(939) LAL MOHAN POREL @ LALMOHAN @ LALU POREL Vs. THE STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 25-03-2025 Penal Code, 1860 — Section 375 (as applicable pre-amendment) & Section 376 — Rape — Consent — Age of Prosecutrix — Promise to Marry — Where the prosecutrix alleges rape based on sexual intercourse under a promise to marry, but the evidence (including ossification test suggesting majority, though report not produced) indicates she was likely above 16 years (the then relevant age under S.375 Sixthly) and thus capable of giving valid consent, and her conduct shows voluntary participation in the rel India Law Library Docid # 2425212
(940) M/S. V MARC INDIA LIMITED Vs. JAAN ILLAHI AND ANOTHER[UTTARAKHAND HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Temporary Injunction — Prima Facie Case — Cancellation of Registered Sale Deed — Where a plaintiff seeks cancellation of a registered sale deed executed by him, merely pleading that he was not mentally stable at the time of execution, without denying his signature or appearance before the Sub-Registrar or detailing specific acts of fraud, does not establish a strong prima facie case warranting the grant of a temporary injunction, especially aga India Law Library Docid # 2425236