ive
User not Logged..
Latest Cases

(321) KMV PROJECTS LIMITED Vs. ANDHRA PRADESH MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 — Order 47 Rule 1 — Review — Scope and Grounds — The power of review under Order 47 Rule 1 CPC is circumscribed and distinct from appellate power It can be exercised upon discovery of new and important matter or evidence (despite due diligence), or on account of a mistake or error apparent on the face of the record, or for any other sufficient reason analogous thereto — Review cannot be sought merely because the original decision is erroneous on merits — An “error appa
India Law Library Docid # 2424891

(322) SURYAS RAVI PRAKASH RAO Vs. MOHITHE MANOHAR RAO AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Guardians and Wards Act, 1890 — Sections 9, 10, 17, 25 — Hindu Minority and Guardianship Act, 1956 — Section 6, 13 — Child Custody — Paramount Consideration — Welfare of Minor— In determining the custody of a minor child, the paramount and often sole consideration for the Court, exercising parens patriae jurisdiction, is the welfare and best interest of the child The legal rights of the contending parties, including the preferential right of the natural guardian (father), are subordinate to the
India Law Library Docid # 2424894

(323) CHITTIBOTLA BHARDWAJA SARMA Vs. COMMISSIONER AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Constitution of India, 1950 — Article 226 — Writ of Mandamus — Appointment of Founder Trustee— Consideration of mandamus to compel respondents (Endowments Department) to appoint the petitioner as Founder Trustee and Chairman of a temple based on alleged hereditary rights, family history of management, and entries recorded in the statutory register under Section 43 of Act 30 of 1987.
India Law Library Docid # 2424900

(324) KARRI ROJA RAMANI Vs. JANNADA APPA RAO[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 (CPC) — Section 151 & Order 39 Rule 2-A — Police Aid for Injunction Implementation vs. Consequences of Disobedience — Distinction — An application seeking police aid/protection under Section 151 CPC for the implementation of a temporary injunction order (granted under Order 39 Rules 1 & 2) is distinct in scope and purpose from an application under Order 39 Rule 2-A CPC, which deals with the consequences (like attachment or detention) for disobedience or breach of an in
India Law Library Docid # 2424905

(325) GANGULA AMMAJI Vs. KUNAPAREDDI SEETHA MAHALAKSHMI DIED AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 (CPC) — Section 11 — Res Judicata — Finding on Title in Suit for Permanent Injunction — Law is settled that an incidental finding on title, arrived at in a simple suit for permanent injunction based primarily on possession, will not operate as res judicata in a subsequent suit filed specifically for declaration of title, particularly if no specific issue regarding title was framed and finally decided in the earlier injunction suit.
India Law Library Docid # 2424908

(326) BINOY MONDAL AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 10-04-2025
Penal Code, 1860 — Sections 306, 107 — Abetment of Suicide — Mens Rea — Proximate Act — To sustain a conviction under Section 306 IPC for abetment of suicide, the prosecution must establish beyond reasonable doubt not only harassment but also a clear mens rea (intention) on the part of the accused to instigate or aid the deceased in committing suicide — There must be proof of a positive, proximate act, omission, or creation of circumstances by the accused that directly led to the suicide, leavin
India Law Library Docid # 2425166

(327) KAMAL GHORAI AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 10-04-2025
Penal Code, 1860 — Section 361 — Kidnapping from Lawful Guardianship — Minor having attained Age of Discretion — Voluntary Departure — ‘Taking’ vs. ‘Allowing to Accompany’ — Where a minor female, though below 18 years but having attained the age of discretion (around 14 years in this case), voluntarily leaves her lawful guardian’s keeping due to a pre-existing love affair and joins the accused without any active inducement, force, or allurement attributable to the accused, it does not constitute
India Law Library Docid # 2425167

(328) SAI NAGESWAR SATCHIDANAND Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 10-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing Criminal Proceedings & Settlement — High Court can quash criminal proceedings, even for non-compoundable offences, based on a valid compromise/settlement, especially in cases arising from matrimonial/family disputes, to secure ends of justice or prevent abuse of process, where conviction possibility is remote
India Law Library Docid # 2425332

(329) DEVESH CHANDRA DWIVEDI Vs. COMMISSIONER FAIZABAD AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-04-2025
U.P. Zamindari Abolition and Land Reforms Rules, 1952 — Rule 285-J Confirmation of Sale — An auction sale under the Rules becomes automatically confirmed after 30 days if no application to set it aside under Rule 285-H or 285-I is made or if such application is rejected; the confirmation order is final
India Law Library Docid # 2425333

(330) ISHAN CHAUDHARY AND ANOTHER Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 10-04-2025
UP Revenue Code, 2006 — Section 80 Declaration vs. Partition — A declaration under Section 80(1) pertains only to the change of land use to non-agricultural purposes and does not effectuate or imply a partition of the land among co-owners
India Law Library Docid # 2425334

(331) RAMESH KUMAR SRIVASTAVA AND ANOTHER Vs. STATE OF U.P THRU HOME SECY. ANNEXE BHAWAN LUCKNOW AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing Criminal Proceedings — Mala Fides — Criminal proceedings are liable to be quashed if manifestly attended with mala fides or maliciously instituted with an ulterior motive (wreaking vengeance due to private grudge), falling under guideline (7) of State of Haryana vs. Bhajan Lal
India Law Library Docid # 2425330

(332) USMAN ALI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 10-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 173(8) — Further Investigation — Power to direct further investigation exists even after filing of chargesheet and commencement of trial, with the prime consideration being to arrive at the truth and do substantial justice
India Law Library Docid # 2425331

(333) PRABHJOT KAUR Vs. STATE OF PUNJAB AND OTHERS[SUPREME COURT OF INDIA] 09-04-2025
Punjab Civil Services (Reservation of Posts for Women) Rules, 2020 — Reservation for Women — Horizontal Reservation — Implementation via advertisement — Where an advertisement was issued subsequent to the notification of the 2020 Rules providing 33% horizontal reservation for women, and specified certain posts (like DSP ‘SC Sports’) as reserved for women (‘SC Sports (Women)’), this reservation specification within the advertisement, implementing the mandate of the 2020 Rules, is valid for that r
India Law Library Docid # 2424442

(334) R. NAGARAJ (DEAD) THROUGH LRs. AND ANOTHER Vs. RAJMANI AND OTHERS[SUPREME COURT OF INDIA] 09-04-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope and Power of High Court — A second appeal lies only if the High Court is satisfied that the case involves a substantial question of law, which it must formulate precisely (S. 100(1), (3), (4)) — The High Court’s jurisdiction is confined to deciding the substantial question(s) of law so formulated (or any other substantial question after recording reasons under the proviso to S. 100(5)) — The High Court should adjudicate the formula
India Law Library Docid # 2424443

(335) NEHA ENTERPRISES Vs. COMMISSIONER, COMMERCIAL TAX, LUCKNOW, UTTAR PRADESH[SUPREME COURT OF INDIA] 09-04-2025
Uttar Pradesh Value Added Tax Act, 2008 — Sections 7(c), 13(1) & 13(7) — Input Tax Credit (ITC) — Entitlement — Sales exempt under S. 7(c) — Where a dealer makes sales to manufacturer-exporters against Form-E, which are exempt from tax under S. 7(c) pursuant to notifications (dated 24.02.2010 and 25.03.2010), the dealer is not entitled to claim ITC on the purchase tax paid on such goods — The specific prohibition contained in S. 13(7)(i) explicitly disallows ITC facility in respect of purchases
India Law Library Docid # 2424444

(336) SERIOUS FRAUD INVESTIGATION OFFICE Vs. ADITYA SARDA[SUPREME COURT OF INDIA] 09-04-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Nature and Scope — Power to grant anticipatory bail under S. 438 is an extraordinary power to be exercised sparingly and only in exceptional cases, not as a matter of routine — Its object is to protect individuals from harassment or humiliation, but this must be balanced against the larger societal interest in maintaining law and order and ensuring
India Law Library Docid # 2424445

(337) CHHATTISGARH STATE POWER TRANSMISSION COMPANY LIMITED Vs. DCIT CIRCLE-1(1), RAIPUR, C.G.[CHHATTISGARH HIGH COURT] 09-04-2025
Income Tax Act, 1961 — Section 271(1)(c) — Penalty for Concealment or Inaccurate Particulars — Bona Fide Error vs. Mens Rea — Penalty under Section 271(1)(c) is leviable for concealment of income or furnishing inaccurate particulars thereof — A mere bona fide, inadvertent error in computation or data feeding in the return of income does not automatically attract penalty, especially when the correct figures are available in accompanying documents like the Tax Audit Report filed under Section 44AB
India Law Library Docid # 2424712

(338) KAKANI GOVARDHAN REDDY Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025
Criminal Procedure Code, 1973 — Section 482 (Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528) — Inherent Powers — Interference with Investigation & Stay of Arrest — The High Court’s inherent power under Section 482 Cr.P.C. (or Sec 528 BNSS) to prevent abuse of process or secure ends of justice should be exercised cautiously and sparingly regarding ongoing criminal investigations — Courts should generally refrain from stalling investigations, especially at the initial stage, if the FIR or
India Law Library Docid # 2424887

(339) S. SWAPNA Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025
Sentence — Imprisonment for Life — Meaning and Duration— A sentence of imprisonment for life, imposed either directly or upon commutation from a death sentence, means incarceration for the remainder of the convicted person’s natural life — This position is conclusively settled by numerous decisions of the Supreme Court. (Gopal Vinayak Godse vs. State of Maharashtra, Mohd. Mannan @ Abdul Mannan vs. State of Bihar, Swamy Shraddananda (2) v. State of Karnataka, Sangeet & Anr vs. State of Haryana fo
India Law Library Docid # 2424893

(340) MANEPALLI MOHAN RAO Vs. M/S SHRIRAM CITY UNION FINANCE LTD AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025
Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of Suit/Proceeding — Apprehension of Bias — Standard Required — The law is well settled that for a case to be transferred under Section 24 CPC on the ground of apprehension of not getting a fair and impartial enquiry or trial, such apprehension must be reasonable and not merely imaginary or based on conjectures and surmises Mere allegations or subjective feelings are insufficient; the applicant must demonstrate circumstances from which a
India Law Library Docid # 2424910