(381) BINOD KUMAR BAWRI AND OTHERS Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 05-08-2025 Indian Penal Code, 1860 — Section 420 and 405 and 120B — Criminal Conspiracy — Quashing of Proceedings — Abuse of Process — Allegations of cheating, criminal breach of trust, and conspiracy against directors/chairman of a company for non-payment of dues by a third party arose from a commercial transaction to which the directors had no direct involvement - The court found no India Law Library Docid # 2428357
(382) JAI PRAKASH JAISWAL AND ANOTHER Vs. THE OFFICIAL LIQUIDATOR AND OTHERS[CALCUTTA HIGH COURT] 05-08-2025 Civil Procedure Code, 1908 (CPC) — Section 80 — Notice to Public Officer — Applicability to Official Liquidator — Official Liquidator is a Public Officer under Section 2(17) of CPC — Suit against Official Liquidator requires two months' prior notice — Non-compliance leads to bar of suit unless leave granted under Section 80(2) — Withdrawal of suit with liberty to sue afresh under Order 23 Rule India Law Library Docid # 2428358
(383) SMITA JINA Vs. AMIT KUMAR JINA[DELHI HIGH COURT] 05-08-2025 Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 — Judgment on admissions — Power to pronounce judgment on admissions — Exercise of power requires clear, unambiguous, and unequivocal admissions — Admissions must leave no room for doubt or interpretation — Power to be exercised with circumspection India Law Library Docid # 2428359
(384) HUSSAIN AHMED Vs. STATE (NCT) OF DELHI[DELHI HIGH COURT] 05-08-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 415, 528 — Appeal against conviction and sentence — Penal Code, 1860 (IPC) — Sections 394/397/411/34 — Arms Act — Section 25 — Robbery with hurt and use of deadly weapon — Conviction upheld based on consistent ocular testimony, corroborative medical evidence, and recovery of weapon. India Law Library Docid # 2428360
(385) PUNAM GUPTA AND ANOTHER Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 05-08-2025 H.P. Land Revenue Act, 1954 — Section 163-A — Constitutional validity — Regularisation of encroachment on Government land — Section 163-A, which permits regularisation of encroachments on Government land, is manifestly arbitrary and unconstitutional. The provision allows for the legalisation of illegalities and contradicts the principal statute's aim of preventing and removing encroachments. Such a India Law Library Docid # 2428361
(386) HARISH KUMAR Vs. AMAR NATH AND ANOTHER (BOTH DEAD AND REPRESENTED THROUGH LR.)[SUPREME COURT OF INDIA] 05-08-2025 Civil Procedure Code, 1908 — Section 100 — Second appeal — Re-appreciation of evidence — High Court should not ordinarily re-appreciate evidence in second appeal unless there are substantial questions of law or findings are based on gross misreading or misappreciation of evidence — Concurrent findings of fact by trial and appellate courts are generally binding — Reversal of concurrent findings by High India Law Library Docid # 2428362
(387) SINCERE SECURITIES PRIVATE LIMITED AND OTHERS Vs. CHANDRAKANT KHEMKA AND OTHERS[SUPREME COURT OF INDIA] 05-08-2025 Insolvency and Bankruptcy Code, 2016 — Section 62; Section 14(1)(d) — Appeal against NCLAT order setting aside NCLT order directing return of property — NCLT had directed return of property based on CoC decision that property not required by corporate debtor — NCLAT set aside NCLT order invoking Section 14(1)(d) barring recovery of property during CIRP — Supreme Court held that Section 14(1)(d) not India Law Library Docid # 2428363
(388) ODISHA STATE FINANCIAL CORPORATION Vs. VIGYAN CHEMICAL INDUSTRIES AND OTHERS[SUPREME COURT OF INDIA] 05-08-2025 State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. India Law Library Docid # 2428364
(389) DEEPAK KUMAR SAHU Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 05-08-2025 Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix's testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement India Law Library Docid # 2428365
(390) ANURAG VIJAYKUMAR GOEL Vs. STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 05-08-2025 Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. India Law Library Docid # 2428366
(391) APEEJAY SCHOOL Vs. DHRITI DUGGAL AND OTHERS[SUPREME COURT OF INDIA] 05-08-2025 Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery. India Law Library Docid # 2428367
(392) NARAYAN YADAV Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 05-08-2025 Evidence Act, 1872 — Section 25 — Confession made to police officer — Admissibility — First Information Report (FIR) lodged by accused himself containing confession — Held inadmissible in evidence against the maker as it is hit by Section 25 of the Act — Such confession cannot be used to corroborate medical evidence — Limited admissibility as evidence of conduct under Section 8 or for discovery under India Law Library Docid # 2428368
(393) THE MANAGING DIRECTOR BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION LIMITED AND ANOTHER Vs. SANJAY KUMAR[SUPREME COURT OF INDIA] 05-08-2025 Arbitration and Conciliation Act, 1996 — Section 11(6) — Scope of Enquiry — Referral Court’s duty is to confine its examination to the existence of an arbitration agreement, not to conduct a detailed inquiry into allegations of fraud or other disputes. India Law Library Docid # 2428369
(394) OPERATION ASHA Vs. SHELLY BATRA AND OTHERS[SUPREME COURT OF INDIA] 05-08-2025 Civil Procedure Code, 1908 — Section 92 — Suit for accounts of a public charitable trust — Leave to institute suit — Conditions for applicability — Three conditions must be fulfilled: (i) the trust must be for public purposes of a charitable or religious nature; (ii) there must be a breach of trust or a direction of the court is necessary for administration; and (iii) the relief claimed must be one of those India Law Library Docid # 2428370
(395) KALLU NAT ALIAS MAYANK KUMAR NAGAR Vs. STATE OF U.P. AND ANOTHER[SUPREME COURT OF INDIA] 05-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 193 — Cognizance by Court of Session — Committal — Power to summon additional accused — A Court of Session, after a case is committed to it by a Magistrate, has the power under Section 193 CrPC to summon persons not named in the police report but whose complicity is evident from the material on record, without waiting for the stage of Section 319 India Law Library Docid # 2428371
(396) SHIV KUMAR Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 05-08-2025 Constitution of India, Article 226 — Writ Petition — Public Employment — Compassionate Appointment — Termination of Service — Concealment of Material Fact — Petitioner claimed compassionate appointment following father's death in harness — Mother was already employed in government service — Petitioner did not disclose this fact in the application — Petitioner was appointed, served for a considerable period, and was even promoted — Authorities sought to terminate service India Law Library Docid # 2428347
(397) SMT. MYLAM KALPANA Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 05-08-2025 Penal Code, 1860 (IPC) — Sections 409, 477-A, 420 — Criminal breach of trust by public servant, Falsification of accounts, Cheating — For conviction under Section 409 IPC, property must be entrusted to the accused as a public servant and then misappropriated — Petitioner, a Stenographer, was not the custodian of cheques nor the authorized signatory for bank accounts — Allegations of misappropriation by fabricating cheques are unsubstantiated without evidence from bank officials or seizure India Law Library Docid # 2428348
(398) PAPERBOX COMPANY OF INDIA Vs. GOLDENSOURCE INTERNATIONAL PVT. LTD.[BOMBAY HIGH COURT] 05-08-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Challenge to arbitral award — Scope of review limited to grounds specified in Section 34 and as interpreted by courts — Court should not interfere casually or cavalierly — Mere possibility of alternative view on facts or contract interpretation does not justify reversing findings of Arbitral Tribunal — Award should not be interfered with unless India Law Library Docid # 2428350
(399) SUD CHEMIE INDIA PVT. LTD. Vs. KOTAK & COMPANY LIMITED AND OTHERS[BOMBAY HIGH COURT] 05-08-2025 Maharashtra Rent Control Act 1999 — Exemption — Section 3(1)(b) exempts premises let or sublet to certain entities, including multinational companies. This exemption pertains to the premises itself, not the relationship between the parties India Law Library Docid # 2428351
(400) SUDHAMA DEVI Vs. M/S. DD KHOSLA TRANPORT PVT. LIMITED AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-08-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal — Condonation of delay — Appellant seeking condonation of 555 days delay in filing appeal with reason of having no knowledge of appealate remedy for modification of award — Held, this is not a sufficient reason to condone such extraordinary delay. India Law Library Docid # 2428378