Munday Law Associates

Munday Law Associates A very focused approach to meet the Legal requirements of clients on a single platform.

Passport renewal can't be debited due to pendency of criminal case when trial court has permitted renewal ==============...
21/12/2025

Passport renewal can't be debited due to pendency of criminal case when trial court has permitted renewal

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SUPREME COURT OF INDIA
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Section 310(2) BNS Section 395 IPC] Dacoity - Accused entered school premises seeking specific files, forcibly took cheq...
03/12/2025

Section 310(2) BNS Section 395 IPC] Dacoity - Accused entered school premises seeking specific files, forcibly took cheque book, letterheads, stamps, cash, and computer - Complainant later settled the dispute amicably and returned all items - Supreme Court held that the primary motive was retrieval of institutional files, not wrongful gain, thus lacking the dishonest intention required for theft, robbery, or dacoity - Complete restitution and amicable settlement diluted allegations of dishonest intention - High Court erred in allowing partial quashing of FIR for other offences based on compromise while retaining dacoity charge. (Paras 9, 10, 11, 12, 13)

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[SUPREME COURT OF INDIA]

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PRASHANT PRAKASH RATNAPARKI Vs.STATE OF MAHARASHTRA SLPCRL 2628/25 17/11/25 Headnote AD 2041

Arbitration and Conciliation Act Section 19 - Application for recalling an order - Grounds for recalling order of forfei...
03/12/2025

Arbitration and Conciliation Act Section 19 - Application for recalling an order - Grounds for recalling order of forfeiture of right to file defence - Delay in engaging counsel due to cumbersome administrative procedures and change in leadership of the Improvement Trust - Such grounds do not constitute "sufficient cause" to override statutory timelines and the principle of speedy dispute resolution, especially when multiple opportunities were granted. (Paras 28, 44)
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[PUNJAB HARYANA HIGH COURT]

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JALANDHAR IMPROVEMENT TRUST Vs.SHOURYA TOWERS PRIVATE LIMITED CR 6014/25 06/11/25 Headnote AD 2042

23/11/2025

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Contract Law - Lease Agreement - Force Majeure Clause - COVID-19 Pandemic - Court held that the COVID-19 pandemic, which...
11/11/2025

Contract Law - Lease Agreement - Force Majeure Clause - COVID-19 Pandemic - Court held that the COVID-19 pandemic, which led to the closure of business premises due to government orders, constituted a force majeure event under the lease deed, excusing the lessee from rent payment obligations for the period of closure. The court reasoned that the pandemic was an unforeseen and uncontrollable event, falling under "Act of God" and/or "embargo" as stipulated in the force majeure clause.

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[DELHI HIGH COURT]

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MEHRA JEWEL PALACE PVT. LTD. Vs MINISO LIFESTYLE PVT. Ltd RFAOSCOMM 4/22 22/09/25 Headnote AD 2038

Section 482 CRPC -- Quashing of FIR and proceedings -- Abuse of process of law -- Allegations of dowry harassment and re...
11/11/2025

Section 482 CRPC -- Quashing of FIR and proceedings -- Abuse of process of law -- Allegations of dowry harassment and retention of stridhan against husband and in- laws - Court can exercise inherent jurisdiction to quash proceedings if they are manifestly frivolous, vexatious, initiated with ulterior motive, or if allegations are absurd and inherently improbable - However, power to quash must be used sparingly and with caution to avoid stifling legitimateprosecution. (Paras 27, 53)

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[DELHI HIGH COURT]

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KRIPA NATH MISHRA vs STATE (NCT OF DELHI W.P.(CRL) 1283/22 24/09/25 Headnote AD 2037

Sec. 29 POCSO -- Conversation uphold -- Delhi High Court Upholds R**e Conviction Despite Minor Testimonial Inconsistenci...
11/11/2025

Sec. 29 POCSO -- Conversation uphold -- Delhi High Court Upholds R**e Conviction Despite Minor Testimonial Inconsistencies: “Consent Immaterial Where Victim Is a Minor; DNA Evidence and Recovery Corroborate Guilt Beyond Reasonable Doubt” — Statutory Presumption under Section 29 of POCSO Remained Unrebutted.

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[Delhi High Court]

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Raju vs. State crl.A 856/2023 Headnote AD 2036

Partition Suit -- Release Deeds - Validity of Release Deeds -- Release deed executed for consideration operates immediat...
11/11/2025

Partition Suit -- Release Deeds - Validity of Release Deeds -- Release deed executed for consideration operates immediately to divest a coparcenary interest, not dependent on further implementation - Silence in a later document does not negate a concluded, registered relinquishment. Oral partition, even if unregistered, is admissible for collateral purposes of proving severance of joint status, explaining possession, recording arrangements, and evidencing subsequent conduct. (Paras 7.4, 7.5, 8.2, 8.4, 8.5, 8.9)
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[SUPREME COURT OF INDIA]

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Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law.=============Section 5 of Limita...
08/11/2025

Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law.
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Section 5 of Limitation Act -- Condonation of Delay -- This Supreme Court judgment clarifies that the expression “within such period” in Section 5 of the Limitation Act, 1963 requires a party to explain the delay for the entire period from when the limitation period commenced until the actual filing date, not just the period after the limitation expired. It overrules the narrower interpretation in Rewa Coalfields and aligns with the view that “sufficient cause” must be shown for the full duration of the delay, emphasizing that the State is not entitled to preferential treatment in condonation matters.
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[SUPREME COURT]

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Case Title: SHIVAMMA (DEAD) BY LRS VERSUS KARNATAKA HOUSING BOARD & ORS.
Citation: 2025 INSC 1104
Appeal Number: Civil Appeal No. 11794 of 2025 Date of Judgement:September 12, 2025 Headnote AD 2029

Hindu Marriage Act -- Section 13(1)((ia) & (ib)-- Divorce--Cruelty and desertion--Petition for-Dismissal of-False Allega...
08/11/2025

Hindu Marriage Act -- Section 13(1)((ia) & (ib)-- Divorce--Cruelty and desertion--Petition for-Dismissal of-False Allegations of dowry demand and harassment -Absence of police complaint-Casual allegations The wife's unsubstantiated allegations of dowry harassment and her forcible ejection from the matrimonial home, made without any contemporaneous police report or formal complaint were levelled casually and constituted mental cruelty-Such baseless and defamatory accusations, which impair the fundamental mutual trust in a marriage, inherently inflict cruelty upon the innocent spouse --The wife's act of voluntarily leaving the matrimonial home, coupled with an "inflated ego" and an unjustified insistence that the husband persuade her return, established that she had withdrawn from the society of the husband without reasonable cause -The husband's subsequent conduct, characterized as a "cold shoulder," is deemed a legitimate response to the wife's unjustified abandonment and false allegations, thus absolving him of any culpability for the separation- The husband entitled to decree of divorce on both grounds-Appeal Allowed
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[MADHYA PRADESH HIGH COURT]

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ABHISHEIKH vs DIPIKA FA 58/20 15/10/25 Headnote AD2031

Sections 207 and 313 CRPC  Fair Trial -- Right to Defence -- Trial court convicted the appellant without providing him w...
08/11/2025

Sections 207 and 313 CRPC Fair Trial -- Right to Defence -- Trial court convicted the appellant without providing him with copies of relied- upon documents, and appointed a legal aid counsel only after framing charges. Prosecution evidence commenced within four days of the appointment, with the entire evidence being recorded in about one and a half months. This haste and lack of adequate opportunity for defence counsel to prepare rendered the trial unfair and vitiated the proceedings. (Para 35)
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[SUPREME COURT OF INDIA]

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DASHWANTH vs STATE OF TN CRLA 3633/24 08/10/2025 Headnote AD 2033

Section 138 -- Dishonour of cheque -- Compromise after conviction -- Where parties have amicably settled their dispute, ...
08/11/2025

Section 138 -- Dishonour of cheque -- Compromise after conviction -- Where parties have amicably settled their dispute, full payment has been made, and complainant has no objection to compounding, the conviction and sentence can be set aside and the offence compounded in favour of the petitioner, acquitting the petitioner. (Paras 7)
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[PUNJAB HARYANA HIGH COURT]

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Girdhari Lal vs State OF Punjab CRR 542/25 24/03/2025 Headnote AD 2034

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Munday Law Associates is a Legal Firm situated in Haryana (India)