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(161) DECEASED JHITRA S/O HEMLA (DEAD) THROUGH DECEASED NANKA S/O JHITRA (DEAD) THROUGH LRS. BHULKI AND OTHERS Vs. KAILASH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 29-08-2025
Indian Succession Act, 1925 — Sections 28, 29, 32, 24, 3 — Application of Act — Parties not exempted by State Government — Court can apply Act based on kindred or consanguinity — Property devolves on nearest relative unless exempted or specific law applies — Plaintiff established succession based on near relationship.
India Law Library Docid # 2432136

(162) VINAYAK PRASAD TIWARI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 29-08-2025
M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 — Rule 9(2)(a) — Suspension by Appointing Authority on detention for more than 48 hours — Petitioner arrested and detained for over 3 months in a criminal case involving moral turpitude — Held that petitioner is deemed to be under suspension by the appointing authority from the date of arrest, irrespective of the appointing authority's
India Law Library Docid # 2432137

(163) M/S L.R. PRINT SOLUTIONS Vs. M/S SURO EXIM LLP AND OTHERS[ALLAHABAD HIGH COURT] 29-08-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Suit for cancellation of sale deed and permanent injunction — Plaintiff falsely claimed adverse possession while being a tenant — Held, a tenant cannot challenge a sale deed by claiming adverse possession, and the suit lacked a cause of action, making it
India Law Library Docid # 2432138

(164) THE DIVISIONAL FOREST OFFICER,, KADAPA AND OTHER Vs. KUNCHALA JOHN KARUNAKAR[ANDHRA PRADESH HIGH COURT] 29-08-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — A second appeal can only be admitted if the High Court is satisfied that a substantial question of law is involved. A question of law is substantial if it directly and substantially affects the rights of the parties, is an open question not settled by superior courts, or is not free from difficulty
India Law Library Docid # 2432139

(165) THE STATE REPRESENTED BY THE DISTRICT COLLECTOR VIZIANAGARAM AND OTHER Vs. VAKATIPUDI PYDITHALLI AND OTHERS[ANDHRA PRADESH HIGH COURT] 29-08-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope of — High Court cannot substitute its own opinion for that of the first appellate court unless the conclusions of both courts are erroneous by being contrary to mandatory provisions of law, pronounced law of the Apex Court, or based on inadmissible or no evidence
India Law Library Docid # 2432140

(166) BHAGWATI PRASAD PUROHIT Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 29-08-2025
Constitution of India, 1950 — Article 226 — Quashing of FIR — Petitioners sought quashing of FIR alleging offences under IPC for promoting enmity and forgery, and under SC/ST Act for outraging the modesty of members of Scheduled Castes. Court must assess whether allegations, taken at face value, disclose commission of any offence
India Law Library Docid # 2432362

(167) SMT. CHANDRAWATI SHARMA AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 29-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR/Proceedings — Abuse of Process of Law — Complaint filed seven years after alleged offence — Exceeds limitation period under Section 468 Cr.P.C. — Marriage already dissolved by divorce decree — Continuation of proceedings against other applicants (in-laws) after divorce amounts to unnecessary harassment and thus abuse of process of law.
India Law Library Docid # 2432345

(168) VIJAY KRISHNASWAMI @ KRISHNASWAMI VIJAYAKUMAR Vs. THE DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION)[SUPREME COURT OF INDIA] 28-08-2025
Income Tax Act, 1961 — Section 276C(1) — Wilful attempt to evade tax — Prosecution for wilful attempt to evade tax requires proof of mens rea — Settlement Commission granted immunity from penalty after full disclosure, finding no suppression of facts or wilful evasion — Continuation of prosecution despite
India Law Library Docid # 2432050

(169) THE STATE OF TRIPURA AND ANOTHER Vs. SAMUDRA DEBBARMA AND OTHER[SUPREME COURT OF INDIA] 28-08-2025
Constitution of India, 1950 — Article 309 — Tripura Civil Service Rules, 1967 and Tripura Police Service Rules — Recruitment Rules framed under Article 309 have statutory force — Executive instructions (New Recruitment Policy) cannot override statutory rules unless rules are amended — Cancellation of a recruitment process at an advanced stage (after main examination) based on an executive policy
India Law Library Docid # 2432051

(170) THE STATE OF TRIPURA AND OTHERS Vs. ARUNABHA SAHA AND ANOTHER[SUPREME COURT OF INDIA] 28-08-2025
Boilers Act, 1923 — Sections 2(c), 28, 28A, 29 — Chief Inspector, Deputy Chief Inspector and Inspector (Qualification and Experience) Rules, 2012; Recruitment Rules, 2013 — Recruitment for Inspector of Boilers — Cancellation of ongoing recruitment process due to new recruitment policy framing weightage for interview — Held, new policy, being an executive instruction, cannot override statutory rules
India Law Library Docid # 2432053

(171) PARTHA DAS AND OTHERS Vs. THE STATE OF TRIPURA AND OTHERS[SUPREME COURT OF INDIA] 28-08-2025
Tripura State Rifles Act, 1983 and Tripura State Rifles (Recruitment) Rules, 1984 — Recruitment of Enrolled Followers — Cancellation of ongoing recruitment process midway due to a new policy decision — Held, executive instructions cannot override statutory rules or the Act — Cancellation of recruitment process under executive instructions without amending the Act and Rules is arbitrary and illegal — New
India Law Library Docid # 2432054

(172) ANIL KHANDELWAL ETC Vs. PHOENIX INDIA AND ANOTHER[SUPREME COURT OF INDIA] 28-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Penal Code, 1860 (IPC) — Sections 500, 501 (Defamation) — Bank officials prosecuted for defamation based on a clerical error — Held, proceedings amounted to abuse of process of law — Quashed.
India Law Library Docid # 2432206

(173) M/S. MOTILAL AGARWALA Vs. STATE OF WEST BENGAL AND ANOTHER[SUPREME COURT OF INDIA] 28-08-2025
Arbitration and Conciliation Act, 1996 — Section 34(3) — Limitation period for setting aside an arbitral award — Period commences from the date of receipt of a 'signed copy' of the award by the 'party' — Delivery to an authorized representative or agent not a member of the arbitration agreement does not start limitation
India Law Library Docid # 2432207

(174) SHARIQ SIDDIQUI Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 28-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Appeal against rejection of bail — Appellant not named in FIR alleging rioting, arson, and violence with public servants — Appellant arrested later with alleged recovery of SLR magazine and cartridges at his instance — State admits SLR rifle is not with police, casting doubt on snatching allegation — No direct evidence of appellant's active role presented by
India Law Library Docid # 2432346

(175) MOHD. TASLEEM Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 28-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Grant of Bail — Appellant not named in FIR — Subsequent implication based on statement of co-accused during search — No direct evidence connecting appellant to alleged violence, rioting, and arson — Appellant has undergone incarceration for over one year and six months — Entitled to bail.
India Law Library Docid # 2432347

(176) M/S BROOKS LABORATORIES THROUGH MANAGING DIRECTOR RAJESH MAHAJAN AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 27-08-2025
Drugs and Cosmetics Act, 1940 — Sections 18(a)(i), 16, 17A(a), 27(b)(i), 27(d) — Section 25(3) — Right to controvert Government Analyst's Report — Delay in prosecution and expiry of drug shelf life — Applicants notified intention to challenge report within statutory period but prosecution failed to take follow-up steps — Deprivation of statutory right amounts to abuse of process of law and violation of natural justice — Proceedings liable to be quashed.
India Law Library Docid # 2432348

(177) DOGIPARTHI VENKATA SATISH AND ANOTHER Vs. PILLA DURGA PRASAD AND OTHERS[SUPREME COURT OF INDIA] 26-08-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Cause of action— Amendment of plaint — Substitution of proprietor for proprietorship concern — Held, a proprietorship concern is not a juristic person but a trade name for an individual business. The proprietor is the real party in interest. Substituting the proprietor for the proprietorship concern does not negate the cause of action,
India Law Library Docid # 2429056

(178) M/S EDELWEISS ASSET RECONSTRUCTION LIMITED Vs. REGIONAL PF COMMISSIONER II AND RECOVERY OFFICER, RO BENGALURU (KORAMANGALA) AND ANOTHER[SUPREME COURT OF INDIA] 26-08-2025
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 — Section 11(2) — Priority of payment of dues — Employees' Provident Fund Organisation (EPFO) has a first charge on the assets of an establishment for its dues.
India Law Library Docid # 2429057

(179) PUTAI Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 26-08-2025
Penal Code, 1860 — Sections 302, 376(2)(g), 201 – Conviction and sentence for rape and murder – Appeal against – Circumstantial evidence – Prosecution failed to establish complete chain of incriminating circumstances beyond reasonable doubt – Testimony of prosecution witnesses contained contradictions and improbabilities – Suspicious conduct of accused attributed as improvement – Reliance on DNA reports
India Law Library Docid # 2429058

(180) SANTOSH SAHADEV KHAJNEKAR Vs. THE STATE OF GOA[SUPREME COURT OF INDIA] 26-08-2025
Goa Children’s Act, 2003 — Section 8(2) and Section 2(m) — Child Abuse — Conviction unsustainable — Accused allegedly casually hit injured child with own son’s school bag — No evidence of deliberate maltreatment, cruelty, exploitation or ill-treatment intended to cause harm — Act exceeded mere incidental quarrel — Medical examination could not rule out possibility of injury from fall — High Court
India Law Library Docid # 2429059