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(181) WIKIMEDIA FOUNDATION INC. Vs. ANI MEDIA PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 09-05-2025
Constitution of India — Arts. 19(1)(a), 19(2) & 21 — Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court — High Court’s direction to intermediary (Wikimedia) to take down/delete webpages containing comments on a pending suit and court observations, on prima facie view of interference with court proceedings, violation of subjudice principle and bordering on contempt, set aside — Such a direction, being a form of prior restraint, must satisfy twin tests of nec
India Law Library Docid # 2425582

(182) BHUPENDRA KUMAR DHANKAR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 09-05-2025
Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 — Rule 9 — Discipline and Control — Disciplinary Authority for Major Punishment — Regularized Shiksha Karmi — Termination of services — Major punishment — Rule 9 mandates that the General Administration Standing Committee of the Janpad Panchayat is the disciplinary authority for awarding major punishment to regular employees — Chief Executive Officer lacks jurisdiction to impose major punishment of terminat
India Law Library Docid # 2425681

(183) MANOJ KUMAR SONI Vs. DIRECTORATE OF ENFORCEMENT[CHHATTISGARH HIGH COURT] 09-05-2025
Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Scope and application — Constitutional mandate of Article 21 — Right to speedy trial — Long incarceration — Section 45 imposes additional conditions for bail but does not create an absolute prohibition — Detention without reasonable prospect of timely trial infringes Article 21 — Applicability of twin conditions must yield to constitutional right to liberty and speedy trial in cases of long incarceration not attri
India Law Library Docid # 2425682

(184) TIRTHRAJ AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Charge — Framing of — Quashing of consequential charge-sheet — Applicant (Sub-Divisional Officer/Land Acquisition Officer) facing charges under various IPC sections including cheating and forgery read with conspiracy and criminal intimidation — Impugned order framing charges against applicant challenged — FIR and witness statements initially not naming applicant — Applicant’s name appearing in charge-sheet and prosecution sanction order alleging conspiracy and use
India Law Library Docid # 2425683

(185) STEEL AUTHORITY OF INDIA LIMITED (BHILAI STEEL PLANT) MAHAMAYA DULKI IRON AND MINES AND OTHERS Vs. THE REGIONAL OFFICER CHHATTISGARH ENVIRONMENT CONSERVATION BOARD[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Quashing of criminal proceedings — Abuse of process of law — Exercise of inherent powers proper where allegations in FIR/complaint, even if taken at face value, do not prima facie constitute any offence or where uncontroverted allegations/supportive evidence do not disclose commission of offence — Magistrate’s order summoning accused must reflect application of mind to facts and law, and examine nature of allegations and evidence fo
India Law Library Docid # 2425684

(186) MANOJ KUMAR SONI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Regular Bail Application — Police Station ABC/EOW, Raipur KNo 01/2024 — Offences under Sections 409, 120-B IPC read with Sections 11, 13(1)(a), and 13(2) of the Prevention of Corruption Act, 1988 — Long incarceration and delay in commencement of trial — Speedy trial as a facet of fundamental right to life under Article 21 of the Constitution of India — Gravity of crime not an inviolable bar to bail in case of speedy trial violation — Section
India Law Library Docid # 2425685

(187) K. MANGAYARKARASI AND ANOTHER Vs. N.J. SUNDARESAN AND ANOTHER[SUPREME COURT OF INDIA] 09-05-2025
Arbitration and Conciliation Act, 1996 — Section 8 and 16 — Reference to arbitration — Subject-matter of arbitration agreement — Power to rule on own jurisdiction — Civil Court's jurisdiction — Existence and validity of arbitration agreement — When a suit is filed and defendant applies under Section 8, the court must see if its jurisdiction is ousted by the special statute (Arbitration Act) — The arbitral tribunal has power under Section 16 to rule on its own jurisdiction, including objections t
India Law Library Docid # 2425706

(188) TATA MOHAN RAO Vs. S. VENKATESWARLU AND OTHERS ETC.[SUPREME COURT OF INDIA] 09-05-2025
Contempt of Courts Act, 1971 — Deliberate and Wilful Disobedience — Ignoring High Court's Directions and Warnings — Tehsildar evicting residents and demolishing houses despite explicit High Court orders restraining such actions and specific warning against repetition — Such conduct constitutes clear contempt of court — Actions were inhumane and showed a total lack of humanitarian consideration — Rejection of leniency due to adamant and callous conduct
India Law Library Docid # 2425707

(189) RAVINDER SINGH AND OTHERS Vs. STATE AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 09-05-2025
Jammu and Kashmir Control of Building Operation Act, 1988 — Section 7(1), 7(3), 12(1), 13 — Building Operations Regulations, 1998 — Regulation 11 — Unauthorized construction — Violation of sanctioned plan — Municipal Authorities — Notice for demolition — Challenge before Tribunal — Initial dismissal of appeal for major non-condonable violations (setbacks, ground coverage exceeding 10%) under Regulation 11(2)(ii) and (iii) — Subsequent application for rehearing and modification order — Rehearing
India Law Library Docid # 2425862

(190) HOM DEI @SHALLU Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Penal Code, 1860 — Sections 302, 120B and 201 — Bail — Murder — Conspiracy — Causing disappearance of evidence — Prolonged trial — Right to speedy trial under Article 21 of Constitution of India — Applicant accused of murder, conspiracy, and destruction of evidence — Arrested on 22.02.2021 — Trial involves 51 prosecution witnesses, only 16 examined over 4 years and 2 months — Chances of early conclusion of trial not bright — Keeping accuse
India Law Library Docid # 2425879

(191) M/S APEX PLASTIC THANA AND ANOTHER Vs. DEEPAK KUMAR[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Employees/Workmen Compensation Act, 1923 — Claim for Compensation — Crushed Injuries — Right Hand — Amputation of thumb, fracture in bones, cutting of skin and veins, partial loss of middle finger — Accident during course of employment — Employer-employee relationship admitted — Occurrence not disputed — Negligence of claimant alleged but not established as defense — Salary admitted — Immediate medical aid and follow-up treatment provided and expenses borne by employer — Genuine
India Law Library Docid # 2425880

(192) BIHARI LAL Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 449 — Appeal against order imposing penalty on surety — Maintainability — Appeal lies under Section 449 Cr.P.C. against an order imposing penalty on a surety under Section 446 Cr.P.C. (Para 1)

B. Criminal Procedure Code, 1973 — Section 439 — Bail — Conditions — Undertaking by surety to produce accused — Surety stands by giving solemn undertaking to produce accused before the Court on each and every date of hearing
India Law Library Docid # 2425881

(193) SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SURINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Motor Vehicles Act, 1988 — Sections 166 — Claim Petition — Compensation for injuries and permanent disablement — Insurer’s appeal challenging quantum — Claimant’s age 48 years at time of accident — 35% permanent physical impairment found by Medical Board — Medical Expert cross-examined
India Law Library Docid # 2425882

(194) ICONIC IP INTERESTS LLC Vs. M/S SHIV TEXTILES[GUJARAT HIGH COURT] 09-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Absence of cause of action — Trademark infringement suit — Suit filed by prior registered user against subsequent user — Allegations of infringement based on use of potentially infringing mark and issuance of legal notices — Plaint and attached documents demonstrating alleged infringing goods sold through website registered in USA with trademark registered in USA — No evidence to show purposeful availment of jurisdiction by def
India Law Library Docid # 2426052

(195) CHANDRAKANT GANGADAS SANGHAVI AND ANOTHER Vs. HANSABEN DHIRAJLAL JADGA DIED THROUGH LRS AND OTHERS[GUJARAT HIGH COURT] 09-05-2025
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act) — Section 29 — Civil Revision Application — Concurrent Findings — Challenge to judgment confirming eviction decree — Object of revisional power is to ensure findings are according to law, not to re-appreciate evidence like an appellate court — Intervention warranted only if findings are perverse, based on no evidence, misreading
India Law Library Docid # 2426053

(196) STATE OF GUJARAT Vs. VISHNUBHAI @ GABBAR PRAHLADBHAI DANTANI AND OTHERS[GUJARAT HIGH COURT] 09-05-2025
. Penal Code, 1860 — Sections 380, 457, 413, 114 — Theft in dwelling house, house-breaking by night for theft, dishonestly receiving stolen property, and abetment — Conviction based on circumstantial evidence — Admissibility of confession made to police officer — Section 25 of Evidence Act prohibits admissibility — Section 26 requires presence of Magistrate for confession while in police custody — Confession
India Law Library Docid # 2426054

(197) BHARAT PETROLEUM CORPORATION LTD. Vs. RELIANCE INDUSTRIES LTD.[GUJARAT HIGH COURT] 09-05-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction of High Court — Power to interfere with orders of subordinate courts — Exercise of power justified to keep subordinate courts within the bounds of their authority — Exercised to correct serious procedural irregularities arising from application of wrong provisions of law
India Law Library Docid # 2426094

(198) VISHNU @ GABBAR PRAHALADBHAI DANTANI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 09-05-2025
Penal Code, 1860 — Section 380 — Theft in dwelling house — Essential ingredients are commitment of theft, in a building used as a human dwelling or custody of property — Prosecution must prove accused committed theft, the building was used for dwelling or property custody, and the theft occurred within.
India Law Library Docid # 2426095

(199) MONISH CHHABRA Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 09-05-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 2(f), 12, 18, 19, 20, 21, 22, 23 — Domestic relationship — Shared household — Quashing of proceedings — Brother-in-law residing abroad — Application under Section 482 Cr.P.C. — Maintainability — Allegations of instigation and involvement in domestic violence by brother-in-law residing in Singapore — Petitioner brother of aggrieved person’s husband, thus related by marriage and falling within definition of “domestic
India Law Library Docid # 2426151

(200) NIZAME UDDIN BARBHUIYA AND OTHERS Vs. DEBASISH DUTTA AND ANOTHER[GAUHATI HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — Penal Code, 1860 — Section 420 — Cheating — Dishonour of cheque — Negotiable Instruments Act, 1881 — Section 138 — Distinct offences — Whether prosecution under Section 420 IPC and Section 138 NI Act can proceed simultaneously — Conflicting judgments of Supreme Court — Binding precedent — Ingredients of Section 420 IPC — Failure to establish dishonest intention from inception — Abuse of process — Challenge to revisional orde
India Law Library Docid # 2426152