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(961) CHAKRAWARTHIGE PREETHI RUPA AND OTHERS Vs. MALU[KERALA HIGH COURT] 04-02-2025
Hindu Succession Act, 1956 - Sections 8, 14, 15(1), 15(2)(c), and 16(3) — Mother's Right over Property Inherited from Predeceased Son — The mother of a male Hindu dying intestate obtains an absolute right over the property of the deceased son, notwithstanding the enactment of the Hindu Succession (Kerala Amendment) Act, 2015, inserting Section 15(2)(c), as the provision only dictates devolution
India Law Library Docid # 2423184

(962) PRAGNESH PRAVINBHAI THUMMAR Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 04-02-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(C), 22(C), 29 and 37 — Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Bail for offences involving commercial quantities under the NDPS Act requires the court to have reasonable grounds to believe the accused is not guilty and will not re-offend, after hearing the Public Prosecutor, as per Section 37 of the NDPS Act.
India Law Library Docid # 2423304

(963) JAYESHBHAI ROHITBHAI VAGHELA Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 04-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 91 — Negotiable Instruments Act, 1881 — Section 138 — The summoning of documents under Section 91 of CrPC at the behest of the accused is discretionary and generally considered after the accused enters their defense, particularly in proceedings under Section 138 of the Negotiable Instruments Act.
India Law Library Docid # 2423316

(964) K.S.GOPAL Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 04-02-2025
Telangana Societies Registration Act, 2001– Section 23 — Dispute Resolution — Arbitration and Conciliation Act, 1996 — Disputes among committee members or society members must be resolved through arbitration under the Arbitration and Conciliation Act or by filing an application in the District Court — Registrar of Societies has no power to resolve internal disputes or adjudicate on the validity of society resolutions.
India Law Library Docid # 2423366

(965) ABDUL BATEN Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 04-02-2025
Protection of Children from Sexual Offences Act, 2012 — Section 4 — Minor contradictions or insignificant discrepancies in the statement of the prosecutrix should not be grounds for rejecting an otherwise reliable prosecution case, especially when her evidence inspires confidence — The High Court dismissed a criminal appeal, upholding the Trial Court's conviction of the appellant under the POCSO Act and IPC for sexual assault and criminal trespass — The court found that the victim's consistent t
India Law Library Docid # 2423509

(966) M/S MECON LIMITED Vs. M/S K.C.S. PVT. LTD.[JHARKHAND HIGH COURT] 04-02-2025
Arbitration and Conciliation Act, 1996 — Sections 34, 11(6) 2(1)(e) and 42 — When an arbitration agreement designates the seat of arbitration, the courts at the location of that seat have exclusive jurisdiction over the arbitral proceedings, including applications for setting aside the award, even if the arbitrator was appointed by the High Court of another state — The Jharkhand High Court allowed a civil miscellaneous petition, setting aside the order of the Commercial Court at Ranchi which had
India Law Library Docid # 2423613

(967) ABDUL SATTAR ANSARI AND OTHERS Vs. MAHAMMAD KHURSHID ANSARI AND OTHERS[JHARKHAND HIGH COURT] 04-02-2025
Muslim Personal Law (Shariat) Application Act, 1937 — Sections 2, 3 and 6 —Chotanagpur Tenancy Act, 1908 — Sections 11 and 23A — Under the Chotanagpur Tenancy Act, 1908, occupancy holding cannot be transferred by a mere oral gift (Hiba) under Mahomedan Law and requires a registered document — The High Court allowed a second appeal, setting aside the appellate court's decree that had recognized an oral gift (Hiba) of agricultural land as valid under Mahomedan Law — The High Court held that the pr
India Law Library Docid # 2423614

(968) DEEPAK KUMAR RAI Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 04-02-2025
Narcotics Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(c), 50, 52(A), 42, 53 — Failure to strictly comply with the mandatory procedures for search and seizure under Sections 50 and 52A of the NDPS Act, including conducting searches in the presence of a Gazetted Officer or Magistrate (or informing a superior officer within 72 hours) and drawing representative samples before a Magistrate, can render a conviction unsustainable — The High Court allowed a criminal appeal, setting a
India Law Library Docid # 2423676

(969) SHIV CHANDER KAMAT @ SHIV CHANDRA KAMAT Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 04-02-2025
Penal Code, 1860 (IPC) — Sections 147, 307/149, 302/149, and 120(B) — Arms Act, 1959 — Section 27 — An appellate court in an appeal against acquittal will not interfere with the trial court's judgment if the trial court has taken a possible view of the evidence, especially when the prosecution relies on the testimonies of related witnesses that contain material contradictions and lack independent corroboration — The High Court dismissed a criminal appeal filed against the judgment of acquittal p
India Law Library Docid # 2423677

(970) NATIONAL INSURANCE CO. LTD. Vs. NARESH GUPTA[DELHI HIGH COURT] 03-02-2025
Motor Vehicles Act, 1988 — Section 173 — This is an appeal related to a motor accident claim involving a deceased homemaker — The key issue is how to determine the notional income of a deceased homemaker for the purpose of compensation — The insurance company appeals, challenging the amount awarded — The claimants argue for an increase in compensation (cross-objection), however this is dismissed — The court discusses various methods for fixing the notional income of a homemaker and affirms that
India Law Library Docid # 2422244

(971) DELHI STATE LEGAL SERVICES AUTHORITY (DSLSA) Vs. SMT. DURGAWANTI AND OTHERS[DELHI HIGH COURT] 03-02-2025
Motor Accident Claims — The Delhi State Legal Services Authority (DSLSA) is appealing a judgment that requires them to pay compensation to the family of a hit-and-run victim — Whether the DSLSA is liable to pay compensation under the Delhi Victim Compensation Scheme (DVC Scheme) for a motor vehicle accident — The case also addresses the relationship between the DVC Scheme and other compensation schemes — The DSLSA argues that claims arising from motor vehicle accidents are specifically excluded
India Law Library Docid # 2422275

(972) NOVATEUR ELECTRICAL & DIGITAL SYSTEMS PVT LTD Vs. V-GUARD INDUSTRIES LTD[DELHI HIGH COURT] 03-02-2025
Commercial Courts Act of 2015 — Civil Procedure Code, 1908 (CPC) — Order 11 Rule 1(10) — Application filed by a defendant to submit additional documents in a design infringement suit — Whether the defendant should be allowed to submit additional documents at this stage of the suit — The defendant argues that the documents are necessary to challenge the validity of the plaintiff's design registrations and were discovered through a continuous inquiry — The plaintiff argues that the documents were
India Law Library Docid # 2422276

(973) ASMA PARVEEN Vs. MUNICIPAL CORPORATION OF DELHI AND OTHERS[DELHI HIGH COURT] 03-02-2025
Civil Procedure Code, 1908 (CPC) — Section 114 — Review petition seeking to re-open a case about unauthorized construction and encroachment — Whether there is a basis to review the previous order and whether the petitioner has presented a valid reason for the review — The applicant argues that the petitioner in the writ petition submitted forged documents and that police are supporting the petitioner — The respondent argues that the applicant is simply re-litigating and that multiple status repo
India Law Library Docid # 2422277

(974) ISAR ENGINEERS PRIVATE LTD. Vs. NTPC-SAIL POWER COMPANY LTD.[DELHI HIGH COURT] 03-02-2025
Arbitration and Conciliation Act, 1996 — Section 34 — This is a petition challenging an ex-parte arbitration award — Whether the arbitration award should be set aside under Section 34 — Specifically, the court considers whether the arbitrator was unilaterally appointed and if the award is reasoned — The petitioner argues that the arbitrator was unilaterally appointed, that the award is unreasoned, and that the respondent violated the arbitration clause — The court emphasizes the importance of eq
India Law Library Docid # 2422278

(975) PRALHAD Vs. GAJANAN[BOMBAY HIGH COURT (NAGPUR BENCH)] 03-02-2025
Civil Procedure Code, 1908 (CPC) — Order 20 Rule 12 — Execution of a decree — The initial suit, filed by ‘M’, sought possession of land and was decreed in 1999, ordering ‘S’ to hand over possession of 51 R of land — ‘S's appeal against this decree was dismissed for lack of prosecution in 2004 — Subsequently, ‘M’ initiated execution proceedings in 2015, which ‘S’ opposed, arguing that it was barred by limitation — The Civil Judge Junior Division, Motala, initially sided with ‘M’, prompting ‘S’ to
India Law Library Docid # 2422536

(976) SAFFRON DEVELOPERS PVT. LTD. Vs. PREMCHAND RESORTS AND APARTMENTS AND OTHERS[BOMBAY HIGH COURT] 03-02-2025
Civil Procedure Code, 1908 (CPC) — Order 11 Rule 5 — Production of an additional documents in a commercial summary suit against defendants — The documents in question included balance sheets of the Defendant no. 1 for the years ending 31st March 2014, 2015, 2016, and 2017, as well as email correspondence between the Plaintiff and the Defendants — The Plaintiff argued that these documents, while referred to in the plaint and affidavit of evidence, were not annexed due to a lack of coordination be
India Law Library Docid # 2422537

(977) TEJAS SHAMSUNDER SHINDE Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 03-02-2025
Penal Code, 1860 (IPC) — Section 302 — Murder of father — Bail — The court granted bail to the applicant, a 20-year-old student accused of murdering his father, primarily considering his young age, educational background, and the circumstances leading to the crime — The court emphasized that the applicant acted under grave and sudden provocation due to his father’s constant verbal abuse and his own inability to control his emotions as a young adult — The court also noted that the applicant had n
India Law Library Docid # 2422530

(978) RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SHIVANI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-02-2025
Motor Accident Claims — Entitlement of a remarried widow to compensation — A remarried widow is still entitled to compensation for the loss of her husband, as her right to claim compensation crystallized upon her husband's death.
India Law Library Docid # 2422613

(979) NEW INDIA ASSURANCE COMPANY LTD. Vs. PARVATI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-02-2025
Motor Accident Claims — Burden of proof in motor accident claims — The burden of proof lies with the claimant to establish the factum of the accident and the involvement of the offending vehicle
India Law Library Docid # 2422614

(980) RAJESH KUMAR Vs. DEEPAK @ DEPINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-02-2025
Motor Accident Claims — Enhancement of compensation for injuries — The court should consider the settled principles of compensation, including pain, suffering, trauma, loss of income, and inability to lead a normal life, when enhancing compensation for injuries.
India Law Library Docid # 2422615