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(201) 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

(202) 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

(203) 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

(204) 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

(205) 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

(206) 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

(207) 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

(208) 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

(209) 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

(210) 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

(211) 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

(212) 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

(213) 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

(214) 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

(215) GPE (INDIA) LTD AND OTHERS Vs. TWARIT CONSULTANCY SERVICES PRIVATE LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 26-08-2025
Arbitration and Conciliation Act, 1996 — Sections 47 and 49 — Enforcement of Foreign Award — High Court found no grounds to refuse recognition of the award and held it enforceable, subject to RBI approval — Supreme Court agreed with this conclusion and directed execution proceedings to proceed
India Law Library Docid # 2432124

(216) MUKESH KUMAR SINGH Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 26-08-2025
Constitution of India, 1950 — Article 142 — Compassionate Appointment — Nature and Purpose — Compassionate appointment is an exception to constitutional provisions and not a source of recruitment; its primary purpose is to provide immediate relief to the family of a deceased employee to overcome sudden financial
India Law Library Docid # 2432130

(217) ASHOK INVESTORS TRUST LIMITED Vs. CROSSLINK FOOD & FARMS PVT. LTD. AND OTHERS[BOMBAY HIGH COURT] 26-08-2025
Commercial Courts Act, 2015 — Section 13(1-A) — Appeal against order granting temporary injunction — High Court reviewing discretion of lower court — Appellate court should not interfere unless discretion is arbitrary, capricious, perverse, or ignores settled principles of law — Interference warranted only if lower court's
India Law Library Docid # 2432141

(218) HEM PRABHAKAR SHAH Vs. STATE OF MAHARASHTRA AND OTHER[BOMBAY HIGH COURT] 26-08-2025
Criminal Procedure Code, 1973 — Section 155 — Lookout Circular (LOC) — Quashing of LOC — Petitioner, a Singapore citizen, sought quashing of LOC and return of passport and OCI card — Allegations of fraud under Section 420 read with Section 34 IPC in a 2019 FIR — FIR was at investigation stage with no timeline for trial due to co-accused being abroad — Petitioner's arrest in 2024 based on LOC was
India Law Library Docid # 2432142

(219) SUNIL KOTNALA AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 26-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Inherent jurisdiction — Powers under Section 482 CrPC are to be exercised sparingly and with circumspection to prevent abuse of the process of Court or to secure the ends of justice — Not to short-circuit legitimate prosecution at the threshold.
India Law Library Docid # 2432349

(220) BHAJAN SINGH Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 26-08-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Interference with investigation — High Court will not ordinarily interfere at the stage of initiation of an inquiry or investigation unless the action is shown to be patently without jurisdiction or vitiated by demonstrable mala fides.
India Law Library Docid # 2432350