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(401) USHA SHARMA AND OTHERS Vs. MOHD JAVIR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-08-2025
Motor Vehicles Act, 1988 — Compensation — Quantum — Enhanced determination — Claimant appellants challenged the assessment of deceased's monthly income as Rs. 10,300/- and 50% deduction for personal expenses — Evidence showed deceased was paying monthly EMIs of Rs. 39,376/- for loans — Supreme Court in Gurpreet Kaur case held that EMI payments clearly establish earning capacity — Deceased's income assessed
India Law Library Docid # 2428379

(402) RAVI KUMAR SINGH AND OTHERS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 05-08-2025
Protection of Women from Domestic Violence Act, 2005 — Section 2(s), Section 19, Section 20, Section 23 — "Shared Household" — Definition — Aggrieved person's right to residence — Elements to consider: intention of parties, nature of living, nature of household — Casual living or fleeting visits do not constitute shared household — Property claimed as shared household was not lived in by the aggrieved person with any
India Law Library Docid # 2428383

(403) AISHA KHATOON @ PAHARI Vs. THE STATE OF MEGHALAYA[MEGHALAYA HIGH COURT] 05-08-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — Application for bail — Petitioner arrested for possession of intermediate quantity of heroin — Trial at its evidence stage, with some witnesses examined — Court considers general bail principles, criminal antecedents, and societal interest against individual rights — Court found no inordinate delay in the trial.
India Law Library Docid # 2428387

(404) MEGHALAYA GOLF PROMOTERS SOCIETY Vs. UNION OF INDIA AND OTHERS[MEGHALAYA HIGH COURT] 05-08-2025
Constitution of India, 1950 — Article 136 — Appeal to Supreme Court — Interference with High Court order — High Court rightly found the disaffiliation order arbitrary and violative of natural justice — Impugned order set aside and quashed — Direction issued for fresh examination of the matter with an opportunity to present the case.
India Law Library Docid # 2428388

(405) SHRI SANASAM SHAMUNGOU SINGH AND OTHERS Vs. THE DEPUTY COMMISSIONER/ COLLECTOR, LAND ACQUISITION OF IMPHAL EAST DISTRICT, IMPHAL EAST, MANIPUR AND OTHERS[MANIPUR HIGH COURT] 05-08-2025
Land Acquisition Act, 1894 — Section 18 — Reference to Court — Acceptance of compensation under protest — State's contention that reference was illegal because award was accepted without protest rejected as record showed acceptance was under protest.
India Law Library Docid # 2428389

(406) N. PARANGO SINGH AND OTHERS Vs. STATE OF MANIPUR[MANIPUR HIGH COURT] 05-08-2025
Ministry of Women & Child Development Guidelines — Delegation of Recruitment Power — Ministry's letter dated 14.3.2018 suggested delegating power to District Magistrates/Collectors for Anganwadi Workers/Helpers recruitment across the country, initially in 115 Aspirational Districts.
India Law Library Docid # 2428390

(407) BISHAMBER Vs. DWARKI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-08-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of plaint — Application for amendment seeking to challenge a prior judgment and decree and mutation, which were not challenged in the original suit — Amendment would change the nature of the suit and amount to a de novo trial — Defendants would lose a valid defence and plaintiffs would withdraw a clear admission that conferred a right on the other side — Amendment disallowed.
India Law Library Docid # 2428391

(408) AJAZ AHMED Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 05-08-2025
Jammu & Kashmir Public Safety Act, 1978 — Section 8(3)(b) — Preventive Detention — Grounds of Detention — Reliance on Past Conduct — Validity — Detention order based on cases registered in prior years (2022, 2023) can be valid if there is a live and proximate link to the need for preventive detention to maintain public
India Law Library Docid # 2428392

(409) SIVAKUMAR Vs. SUPERINTENDENT OF POLICE VIGILANCE & ANTI CORRUPTION BUREAU AND OTHERS[KERALA HIGH COURT] 05-08-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) read with Section 13(2) — Penal Code, 1860 (IPC) — Section 34 — Demand and acceptance of illegal gratification — Ingredients for offence under Sections 7 and 13(1)(d) of PC Act require prior demand and subsequent acceptance of illegal gratification — Proof of demand and acceptance is a sine qua non — Demand can be proved by direct or circumstantial evidence — Mere acceptance without demand is not sufficient — Prior
India Law Library Docid # 2428393

(410) NEW INDIA ASSURANCE COMPANY LTD. Vs. BIMLA DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 05-08-2025
Employees Compensation Act, 1923 — Section 30 — Appeal by insurer against award of compensation — Death of driver in accident — Whether insurer liable — Held, insurer cannot be absolved of liability merely because driving licence of deceased was not produced, especially when insurer also failed to lead evidence to prove breach of policy conditions.
India Law Library Docid # 2428396

(411) SHRI SHYAM SINGH Vs. SHRI ASHA RAM[HIMACHAL PRADESH HIGH COURT] 05-08-2025
Civil Procedure Code, 1908 (CPC) — Order 8, Rule 1-A(3) — Production of documents by defendant — Requirements for seeking leave to produce documents after filing written statement — Application must explain reasons for non-production at appropriate stage and identify possession/power of documents — Failure to satisfy these requirements leads to dismissal of application.
India Law Library Docid # 2428397

(412) RAKESH MEHRA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Abuse of process of law — Dispute essentially civil in nature given criminal colour — High Court can quash proceedings to prevent abuse of process and secure ends of justice.
India Law Library Docid # 2432439

(413) BHARAT SINGH Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (Crpc) — Section 482 — Quashing Proceedings — Competence of High Court under Section 482 Cr.P.C. to Challenge Proceedings arising from Lok Adalat Award Deemed Decree of Civil Court — Award of Lok Adalat is Final and Binding and is deemed to be a Decree of a Civil Court under Section 21 of the Legal Services Authorities Act, 1987 — No Appeal Lies Against Such Award — Therefore,
India Law Library Docid # 2432440

(414) VAIBHAV KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 05-08-2025
Protection of Women from Domestic Violence Act, 2005 — Section 27(1)(a) — Territorial Jurisdiction — Temporary Residence — For a Magistrate to have jurisdiction based on temporary residence, the stay must demonstrate continuity and an intention to live there, not merely a short or casual visit. Mere visits for personal or family reasons do not establish temporary residence for establishing jurisdiction.
India Law Library Docid # 2432441

(415) RAKESH MEHRA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of Process — Where a civil dispute is given a criminal colour, High Court may quash proceedings to prevent abuse of process and secure the ends of justice, even if sparingly.
India Law Library Docid # 2432442

(416) MOHAN SINGH MAWRI Vs. HARIPRIYA MAWRI[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 127 — Alteration of maintenance allowance — Change in circumstances — Enhancement of maintenance is permissible on proof of change in circumstances of either party, not exclusively the recipient — Family Court has original jurisdiction to hear applications for enhancement under Section 127 Cr.P.C., even if a previous order was passed by a higher court.
India Law Library Docid # 2432443

(417) LAVNISH KUMAR Vs. RANJANA KUMARI[HIMACHAL PRADESH HIGH COURT] 04-08-2025
Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Powers of Magistrate — Magistrate must apply mind to ascertain if allegations constitute a cognizable offence before ordering investigation — Mere filing of an application does not mandate a police investigation — Magistrate should only direct investigation if necessary for uncovering evidence not available to the complainant and where justice
India Law Library Docid # 2428321

(418) DELHI POLLUTION CONTROL COMMITTEE Vs. LODHI PROPERTY CO. LTD. ETC.[SUPREME COURT OF INDIA] 04-08-2025
Water (Prevention and Control of Pollution) Act, 1974 & Air (Prevention and Control of Pollution) Act, 1981 — Sections 33A & 31A — Powers of Pollution Control Boards — Imposition and collection of restitutionary or compensatory damages — Fixed sums or bank guarantees as ex-ante measure — Held, Boards empowered to levy such damages, which are incidental and ancillary to powers under these sections — Must be exercised as per subordinate legislation incorporating
India Law Library Docid # 2428329

(419) GUJARAT URJA VIKAS NIGAM LIMITED Vs. GREEN INFRA CORPORATE WIND PRIVATE LIMITED AND OTHERS ETC.[SUPREME COURT OF INDIA] 04-08-2025
Electricity Act, 2003 — Sections 61, 62, 64, 86 — Gujarat Electricity Regulatory Commission (GERC) Order No. 1 of 2010 — Determination of tariff for wind energy projects — Accelerated Depreciation — GERC order stipulated a tariff of Rs. 3.56 per kWh for projects availing accelerated depreciation and allowed case-to-case determination for projects not availing it.
India Law Library Docid # 2428330

(420) VIMAL Vs. SUB DIVISIONAL OFFICER, AHMEDNAGAR AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-08-2025
Mamlatdars' Courts Act, 1906 - Section 5(2) - Orders passed by Mamlatdars are summary in nature and do not decide rights finally.

B.  Mamlatdars' Courts Act, 1906 - Sections 22 & 23 - Orders passed by Mamlatdar or Collector in revision are subject to Civil Court's decree or order. Jurisdiction of Civil Court is not barred either expressly or by necessary implication
India Law Library Docid # 2428354