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(161) COMPETITION COMMISSION OF INDIA Vs. SCHOTT GLASS INDIA PVT. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 13-05-2025
Competition Act, 2002 — Section 4 — Abuse of dominant position — Essential elements are dominance and abuse resulting in appreciable adverse effect on competition (AAEC) — Act prohibits abuse of dominance, not dominance itself — AAEC is integral to Section 4 inquiry, as indicated by Preamble, Section 4 Explanation, Section 19(4)(l) and legislative
India Law Library Docid # 2425646

(162) OFFICE FOR ALTERNATIVE ARCHITECTURE Vs. IRCON INFRASTRUCTURE AND SERVICES LTD. .RESPONDENT[SUPREME COURT OF INDIA] 13-05-2025
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrators — Scope of judicial scrutiny — Whether court, while appointing arbitrator under Section 11, can determine arbitrability of specific claims beyond existence of arbitration agreement — Examination confined to existence of arbitration agreement by virtue of un-notified sub-section (6A) of Section 11 (inserted
India Law Library Docid # 2425647

(163) JITENDER @ KALLA Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[SUPREME COURT OF INDIA] 13-05-2025
Advocates Act, 1961 — Section 16 — Designation of Senior Advocates — Validity of — Challenge to process laid down in Indira Jaising-1 and Indira Jaising-2 — Advocates can be designated as Senior Advocates by the Supreme Court and High Courts with consent based on ability, standing at the Bar, or special knowledge or experience in law — Section 16 creates two classes of advocates
India Law Library Docid # 2425648

(164) AASHISH YADAV Vs. YASHPAL AND OTHERS[SUPREME COURT OF INDIA] 13-05-2025
Penal Code, 1860 — Section 302 — Murder — Criminal Conspiracy — Section 120B — Common Intention — Section 147, 148, 149 — Unlawful Assembly — Arms Act, 1959 — Section 3, 25, 5, 27 — Use of firearms — Bail — Parity — Grant of bail based solely on parity with co-accused, especially when those granted bail were not the main accused or had distinguishing factors (like old age), is erroneous — Allegations of hatching conspiracy and engaging contract killer constitute sufficient material at the initia
India Law Library Docid # 2425649

(165) PARSHOTTAM SHANTILAL CHADDARWALAA Vs. THE STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 13-05-2025
Criminal Procedure Code, 1973 — Sections 195 and 340 — Bar on cognizance of certain offences relatable to contempt of lawful authority of public servants and offences against public justice — Purpose is to prevent frivolous litigation and preserve dignity of courts while maintaining justice administration standards — Offence alleged must have direct bearing on discharge of public servant’s lawful duties or direct correlation with court proceedings impacting justice administration — Bar applies w
India Law Library Docid # 2425650

(166) TUSHAR HIMATLAL JANI Vs. JASBIR SINGH VIJAN AND OTHERS[SUPREME COURT OF INDIA] 13-05-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Interim Injunction — Prerequisites — Grant of interim injunction based on existence of prima facie case, balance of convenience, and irreparable injury — These three conditions must be cumulatively fulfilled for grant of injunction.
India Law Library Docid # 2425651

(167) HANUMANTHARAJU B (DEAD) BY LR. Vs. M AKRAM PASHA AND ANOTHER[SUPREME COURT OF INDIA] 13-05-2025
Motor Vehicles Act, 1988 — Compensation — Personal injury — Computation of loss of earning — Deduction of pensionary benefits — Pension receivable on discharge from service is a statutory right independent of the accident and cannot be deducted from salary when calculating loss of earning capacity.
India Law Library Docid # 2425705

(168) SUBHASH CHAND AND OTHERS Vs. BHUPINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Suo motu power of Court — Application by defendant not mandatory — Presence of all defendants or even one defendant not necessary — Court’s inherent power to reject plaint at threshold if barred by law, based solely on plaint averments and annexed documents — Absence of proforma defendant inconsequential for Order 7 Rule 11 determination — Rejection of plaint where suit appears
India Law Library Docid # 2425874

(169) MADAN KISHORE AND OTHERS Vs. COL. SUDHIR SEWAL (DECEASED) THROUGH LRS.[HIMACHAL PRADESH HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 115 — Revision — Assailing order of Executing Court dismissing objections — Permissibility — Objectors re-agitating issues already settled up to Supreme Court — Not permissible — Petitions dismissed.
India Law Library Docid # 2425875

(170) P.V. MIDHUN REDDY @ PEDDIREDDI VENKATA MIDHUN REDDY Vs. THE STATE OF ANDHRA PRADESH[SUPREME COURT OF INDIA] 13-05-2025
Criminal Procedure Code, 1973 — Section 164 — Statement recorded under Section 164 — Use of such statements in seeking anticipatory bail.
India Law Library Docid # 2425915

(171) JAYESH U AND ANOTHER Vs. ROSHNI AND ANOTHER[SUPREME COURT OF INDIA] 13-05-2025
Matrimonial Law — Divorce — Mutual Consent — Settlement between parties — Parties entering into settlement during pendency of appeal before Supreme Court — Settlement including terms for dissolution of marriage by mutual consent, financial settlement (payment of money and transfer of property), and withdrawal/quashing of pending cases — Supreme Court, exercising power under Article 142 of the Constitution of India, taking settlement on record and dissolving marriage by mutual consent under Secti
India Law Library Docid # 2425932

(172) STATE OF GUJARAT Vs. HARISHBHAI KANJIBHAI SATVARA[GUJARAT HIGH COURT] 13-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Scope of Appellate Interference — Re-appreciation of evidence — Principles reiterated: Appellate court has full power to review, re-appreciate, and reconsider evidence, without limitations under CrPC; can reach its own conclusions on fact and law; expressions like “substantial and compelling reasons” are linguistic flourishes, not curtailing power;
India Law Library Docid # 2426051

(173) ON THE DEATH OF BHUBAN MOHAN DAS, HIS LEGAL HEIRS SMT. LAKSHMI PRABHA DAS AND OTHERS Vs. ON THE DEATH OF LATE SAMARESH BANERJEE HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Formulation of substantial questions of law is determined by ascertaining foundational facts from pleadings, issues framed, and court findings — Insufficient foundational facts preclude a substantial question of law
India Law Library Docid # 2426133

(174) SMTI. SANTI DEVI AND OTHERS Vs. ON THE DEATH OF WALLUS SAHID HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent findings of fact by Trial Court and First Appellate Court — Perversity — Second appellate court exercising jurisdiction under Section 100 CPC should not disturb concurrent findings of fact unless found to be perverse — Decision is perverse if arrived at by ignoring or excluding relevant material, taking irrelevant material, or if findings outrageously defy logic or are based on no evidence or th
India Law Library Docid # 2426134

(175) MADHAB KRISHNA GOSWAMI Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 13-05-2025
This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Sri Madhab Krishna Goswami, praying for quashing of the criminal proceedings of PRC Case No. 100/2023, pending before the Court of the learned Sub-Divisional Judicial Magistrate(M), Jonai. The aforesaid PRC Case
India Law Library Docid # 2426390

(176) SHRI. BHARAT BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 13-05-2025
This criminal appeal under Section 374, Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against the Judgment and Order dated 03.11.2017, passed by the Court of learned Sessions Judge, Jorhat in Sessions Case no. 18 [J-J] of 2011, whereby the accused-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine,
India Law Library Docid # 2426391

(177) DHARAM CHAND Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-05-2025
Criminal Procedure Code, 1973 — Section 173(8) — Further investigation after submitting report/taking cognizance — Power of Magistrate — Magistrate can suo motu direct police to conduct further investigation even after taking cognizance of a report under Section 173(2) — Rationale rooted in ensuring proper and fair investigation and serving the ends of justice under Article 21 of the Constitution — Overruling previous contrary judgments
India Law Library Docid # 2425868

(178) PARITALA SUDHAKAR Vs. STATE OF TELANGANA[SUPREME COURT OF INDIA] 09-05-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) r/w S. 13(2) — Illegal gratification — Demand and Acceptance — Proof beyond reasonable doubt — Where prosecution case regarding demand and acceptance of bribe by public servant (Revenue Inspector) suffered from material contradictions and inconsistencies in evidence of complainant (PW1) and other prosecution witnesses (PW7) concerning the circumstances of placing and recovering alleged bribe money, particularly whether it was done in pres
India Law Library Docid # 2425579

(179) C.T. KOCHOUSEPH Vs. STATE OF KERALA AND ANOTHER ETC.[SUPREME COURT OF INDIA] 09-05-2025
Sales Tax — Kerala General Sales Tax Act, 1963 (Kerala Act) — Section 5A — Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act) — Section 7A — Purchase Tax — Liability of assessee purchasing goods from dealers exempt from sales tax — Where goods are purchased from dealers who are exempt from payment of sales tax by virtue of notifications or exemptions under the Kerala Act or Tamil Nadu Act, such a purchase is considered a purchase of “goods, the sale or purchase of which is liable to tax” wi
India Law Library Docid # 2425580

(180) RENUKA PRASAD Vs. THE STATE REPRESENTED BY ASSISTANT SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 09-05-2025
Criminal Procedure Code, 1973 — Section 161 & S. 162 — Evidence Act, 1872 — Section 25, S. 26, 27 & 30 — Murder Trial — Hostile Witnesses — Reliance on IO's testimony regarding S. 161 statements and accused's voluntary statements — Admissibility — Where almost all material witnesses, including eyewitnesses, turned hostile and did not support prosecution case regarding motive, conspiracy, preparation or the crime itself, the High Court erred in reversing acquittal by relying on testimony of Inves
India Law Library Docid # 2425581