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(221) SHREE MAHAVIR METALCRAFT PVT. LTD. Vs. JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Gujarat Provincial Municipal Corporation Act, 1949 — Section 141 — Municipal Taxation — Property Tax — Levy and Demand — Consolidated bills issued by Municipal Corporation challenging for period from 2013-14 to 2023-24 — Respondent Corporation concedes not enforcing demand for 2013-14 to 2017-18 — Challenge restricted to 2018-19 to 2023-24 — Statutory requirement of assessment and billing before expiry of official year — Contention that bills for later period
India Law Library Docid # 2425974

(222) M/S. BRILLIANT LIFESCIENCES PVT. LTD. Vs. GUJARAT MEDICAL SERVICE CORPORATION LTD. AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Constitution of India, 1950 — Article 226 — Special Civil Application — Debarment order — Challenge to — Scope of High Court intervention — Petitioner restricting challenge to debarment order and withdrawing challenge to contract termination and security deposit forfeiture with liberty to avail alternate remedies — High Court limiting its examination to the validity of the debarment order based on material presented — Such restricted challenge is permissible
India Law Library Docid # 2425983

(223) KHUMLABHAI KESARBHAI DHALAKIA AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 08-05-2025
Penal Code, 1860 — Section 302 (Murder) and 114 (Abettor present when offence is committed) — Criminal Appeal against conviction — Offence of culpable homicide amounting to murder — Role of accused — Evidence — Premeditation — Previous grudge between brothers over use of shared property — Accused No.1, the elder brother, came with an axe, hurled filthy language, and inflicted multiple axe blows on the deceased’s head, a vital part of the body — Accused Nos.2 and 3 (wife and daughter of Accused N
India Law Library Docid # 2425987

(224) STATE OF GUJARAT Vs. NIRMALABEN @ NIRU WD/O GOVINDBHAI DAHYABHAI[GUJARAT HIGH COURT] 08-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Principles governing appellate review — High Court empowered to review, reappreciate, and reconsider evidence — Requisite consideration of double presumption of innocence favoring the accused upon acquittal — Where two reasonable views are possible on the evidence, appellate court ordinarily refrains from interfering with trial court’s acquittal findings.
India Law Library Docid # 2426096

(225) LADDEV SAMPAT SOMANI Vs. JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Gujarat Provincial Municipal Corporation Act, 1949 — Section 141 — Property Tax — Levy and Demand — Challenge to property tax bills for the years 2013-2014 to 2023-2024 — Properties situated within Jamnagar Municipal Corporation limits — Initial challenge regarding period 2013-2014 to 2017-2018 withdrawn by Corporation — Focus on validity of levy and demand for 2018-2019 to 2023-2024 — Petitioners contend bills issued dehors the Act and Rules as assessment not completed
India Law Library Docid # 2426097

(226) BHABADWIP BORAH @ SRI BHABADUP BORAH AND ANOTHER Vs. STATE OF ASSAM AND AOTHER[GAUHATI HIGH COURT] 08-05-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Penal Code, 1860 — Sections 120B, 406, 420 — Quashing of criminal proceedings — Cheating (Section 420), Criminal Breach of Trust (Section 406), Criminal Conspiracy (Section 120B) — Agreement for sale of property — Non-execution of sale deed despite receiving advance payment — Concealment of prior mortgage on property — Applicability of criminal provisions versus civil dispute — Essential ingredient of cheating is fraudulent or dishonest in
India Law Library Docid # 2426147

(227) ATOWAR ALI Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 08-05-2025
Penal Code, 1860 — Section 302 — Murder — Dying Declaration — Evidence Act, 1872 — Section 32(1) — Balistic Evidence — Police Act, 1861 — Malkhana Register — Command Certificate — Absence of Motive — Direct Evidence — Credibility of eye-witness testimony and dying declarations supported by circumstantial evidence, including matching ballistics and recovery of weapon from accused, sufficient for conviction.
India Law Library Docid # 2426148

(228) MSTT. NOOR FATEH AND OTHERS Vs. ASSAM BOARD OF WAKF, GUWAHATI AND OTHERS[GAUHATI HIGH COURT] 08-05-2025
Wakf Act, 1985 — Section 83(9), 85, 3(r), 36(8), 37(3), 40, 112 — Wakf Act, 1954 — Section 4, 5, 6, 6A, 3(r) — Wakf property — Proof of — Suit for declaration and recovery of possession — Remand to Tribunal — Whether suit land is Wakf property — Conclusiveness of survey report and publication in Official Gazette under 1954 Act (Sections 4, 5) — Claim based on registration under 1954 Act and saving clause under 1995 Act (Section 112) — Whether subsequent registration or
India Law Library Docid # 2426149

(229) ON THE DEATH OF MUKUNDA CHANDRA DAS, HIS LEGAL HEIRS Vs. SMT. MEENA DEVI[GAUHATI HIGH COURT] 08-05-2025
Specific Relief Act, 1963 — Section 16(c) — Specific performance of contract — Readiness and willingness — Agreement for sale of land — Clause providing for mutual decision on value adjustment for increase or decrease in plot area upon demarcation — Demarcation revealing excess land — Plaintiff’s admission of unwillingness to pay for excess land as per agreement clause — This constitutes a failure to perform essential contractual obligation — Finding of plaintiff’s readiness and willingness
India Law Library Docid # 2426150

(230) RAMKALI SONI AND OTHERS Vs. MUKTA SONI[SUPREME COURT OF INDIA] 08-05-2025
Evidence Act, 1872 — Will — Proof of Will — Onus probandi — The burden of proving a will rests firmly on the propounder/beneficiary — This duty includes dispelling any suspicious circumstances surrounding the execution of the will to the satisfaction of the Court — High Court errs in misplacing this burden of proof onto the opponents of the will
India Law Library Docid # 2426801

(231) SUNIL KUMAR KHUSHWAHA Vs. KATRAGADDA SATYANARAYANA AND ANOTHER[SUPREME COURT OF INDIA] 07-05-2025
Motor Vehicles Act, 1988 — Compensation — Assessment of Functional Disability — Amputation of Leg — Impact on Vocation (Fruit Seller with Shop) — In determining compensation for permanent disability due to amputation of the right leg from the knee, the functional disability must be assessed in relation to the claimant’s vocation and its impact on earning capacity — Where a claimant, a fruit seller operating from a shop and filing income tax returns, suffers such amputation (physical disability 5
India Law Library Docid # 2425484

(232) KANUBHAI GOKALBHAI BARIYA Vs. JAYDIPSINH GOPALSINH PAREKHIYA AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025
Motor Vehicles Act, 1988 — Compensation — Functional Disability vs. Physical Disability — Amputation and Deformity — In determining compensation for permanent disability, the assessment should focus on functional disability rather than merely physical disability — Where a claimant suffers amputation of the right leg below the knee (assessed physical disability 80%) and deformity of the right hand (assessed physical disability 10%), and medical evidence indicates the leg stump is deformed with no
India Law Library Docid # 2425485

(233) P. NALLAMMAL Vs. STATE BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION POLICE, DINDIGUL, TAMIL NADU[SUPREME COURT OF INDIA] 07-05-2025
Prevention of Corruption Act, 1988 — Section 13(1)(e) read with Section 109 IPC — Abetment of Offence of Disproportionate Assets by Non-Public Servant (Spouse) — Intentional Aiding — A non-public servant, such as the spouse of a public servant, can be convicted for abetment of the offence of possessing disproportionate assets under Section 13(1)(e) of the PC Act read with Section 109 IPC, if evidence demonstrates intentional aiding — Such aiding can be inferred from the surrounding circumstances
India Law Library Docid # 2425486

(234) M/S JINDAL STEEL AND POWER LTD. AND ANOTHER Vs. M/S BANSAL INFRA PROJECTS PVT. LTD. AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025
Arbitration and Conciliation Act, 1996 — Sections 9 & 37(1)(b) — Constitution of India — Article 227 — Appealability of Order Refusing Ex Parte Interim Relief in Section 9 Petition — Jurisdictional Issue Left Open — The Supreme Court, while hearing a challenge to a High Court order passed under Article 227 which granted interim relief against bank guarantee encashment after the Commercial Court had merely issued notice on the Section 9 petition (thereby implicitly refusing ex parte relief), decl
India Law Library Docid # 2425487

(235) TATA STEEL LTD. Vs. RAJ KUMAR BANERJEE AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025
Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation for Appeal to NCLAT — Strict Interpretation — Section 61(2) of the IBC prescribes a mandatory limitation period of 30 days for filing an appeal before the NCLAT — The proviso allows the NCLAT to condone a delay for a further period not exceeding 15 days, provided sufficient cause is shown — The total permissible period for filing an appeal is thus strictly limited to 45 days (
India Law Library Docid # 2425488

(236) KRISHAN KUMAR Vs. STATE OF HARYANA AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025
Land Acquisition Act, 1894 — Compensation — Parity between Adjacent Villages — Lands situated in adjacent villages, acquired under a common notification for a common public purpose, possessing similar potential and advantages (like proximity to highways NH-8 and KMP Expressway), must be compensated equitably — Overturning the uniform compensation awarded by the LAC and Reference Court and creating a significant disparity based on isolated sale deeds from different villages, without cogent eviden
India Law Library Docid # 2425489

(237) MAHNOOR FATIMA IMRAN AND OTHERS Vs. M/S VISWESWARA INFRASTRUCTURE PVT. LTD AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Discretionary Relief — Protection against Dispossession — The High Court, in exercise of its extraordinary jurisdiction under Article 226, should decline to grant relief against dispossession where the writ petitioners fail to establish a prima facie valid title and actual, rightful possession — A mere claim of possession, especially when title is suspect and shrouded in dubious transactions, is insufficient to invoke such
India Law Library Docid # 2425498

(238) SARLA GUPTA AND ANOTHER Vs. DIRECTORATE OF ENFORCEMENT[SUPREME COURT OF INDIA] 07-05-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Sections 17, 18, 20 & 21 — Right to Copies of Seized Records and Property Documents — An accused from whom records, instruments, or documents of title are seized along with property under Sections 17 or 18 of the PMLA is entitled to receive true copies thereof as a matter of right — This includes records in book form or stored on a computer. For other seized property, the accused is entitled to a copy of the seizure memo and list of
India Law Library Docid # 2425499

(239) RAJUMON T.M. Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 07-05-2025
Armed Forces — Disability Pension — Primary Conditions — Regulation 173, Pension Regulations for the Army, 1961 & Appendix II — Disability pension is grantable if a disability is attributable to or aggravated by military service and is assessed at 20% or above — The determination of attributability or aggravation is governed by Appendix II, which mandates a causal connection and provides for the benefit of reasonable doubt to be given to the claimant, more liberally in field service
India Law Library Docid # 2425500

(240) NADEEM AHMAD Vs. THE STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 07-05-2025
Penal Code, 1860 — Sections 307, 323, 324, 427, 447, 504 & 506 — Criminal Procedure Code, 1973 — Section 320 — Constitution of India — Art. 142 — Quashing of criminal proceedings due to settlement — Where appellant (accused) and respondent no.2 (complainant/victim) amicably settled their disputes arising from Case (involving both compoundable offences like Ss. 323, 504, 427, 447, 506 IPC and non-compoundable offences like Ss. 307, 324 IPC) and wished to continue their landlord-tenant relationshi
India Law Library Docid # 2425583