(421) SMT. MARIYA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 04-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Prolonged pre-trial detention — Petitioner incarcerated for nearly two years without conviction — Trial proceeding at a slow pace with significant evidence yet to be presented — Implies an indeterminate period of further detention, impacting fundamental rights like speedy trial and personal liberty under Article 21 of the Constitution. India Law Library Docid # 2428375
(422) GURNEK SINGH Vs. KAMALJIT SINGH[PUNJAB AND HARYANA HIGH COURT] 04-08-2025 Proof of Agreement to Sell — Lower courts found Agreement to Sell proved by witnesses who attested to its execution and receipt of earnest money — Deed writer's register corroborated the agreement. India Law Library Docid # 2428377
(423) BHANEI PRASAD @ RAJU Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 04-08-2025 Protection of Children from Sexual Offences Act, 2012 - Section 6 - Penal Code, 1860 - Section 506 - Conviction and sentence for aggravated penetrative sexual assault on a minor daughter by her father - Interplay of victim testimony, corroborating evidence, forensic and medical records, and statutory presumption under Section 29 of POCSO Act - Affirmation of concurrent findings of trial court and high court - Special Leave Petition dismissed. India Law Library Docid # 2428483
(424) MADHU VYAS Vs. STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 04-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Appeal against High Court order dismissing petition under Section 482 — Allegation that investigation report (charge-sheet) was not communicated to complainant — High Court failed to address this grievance, impacting complainant's right to file protest petition — Interest of justice requires fresh consideration by High Court. India Law Library Docid # 2428484
(425) M/S. SHIKHAR CHEMICALS Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 04-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 202 — Magistrate's power to initiate magisterial inquiry — Prima facie case under Section 406 IPC requires entrustment, not mere sale — Sale transaction does not constitute entrustment. India Law Library Docid # 2428485
(426) SETTI CHANDRA RAO Vs. SETTI SURYAKANTAM AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-08-2025 Civil Procedure Code, 1908 (CPC) — SECTION 100 — Second Appeal — SCOPE — High Court’s jurisdiction in second appeal is confined to substantial questions of law and cannot re-appreciate evidence against findings of lower courts unless findings are perverse or contrary to evidence India Law Library Docid # 2428349
(427) SANTOSH ANIL KOLHE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-08-2025 Maharashtra Scheduled Tribes (Claim Verification) Rules, 2000 — Section 7(2) — Power to recall/review order — Scrutiny Committee — No express power of review — Whether inherent power to recall exists on grounds of fraud or misrepresentation — Conflict among Division Benches of High Court. India Law Library Docid # 2428352
(428) SACHIN MALPANI AND OTHERS Vs. NILAM PATIL AND OTHERS[BOMBAY HIGH COURT] 04-08-2025 Maharashtra Apartment Ownership Act, 1970 — Section 10 — Maintenance Charges — Levy of maintenance charges proportionate to undivided share — General Body Resolution for equal maintenance charges challenged by apartment owners — Deputy Registrar directed proportionate levy based on undivided share — Co-operative Court upheld Deputy Registrar’s order — Writ Petition against Co-operative India Law Library Docid # 2428315
(429) SHRI BALAJI MANDIR SANSTHAN AND OTHERS Vs. SANJAY LAXMAN PATHAK AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-08-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Grounds for Rejection — Application for rejection of plaint under Order 7 Rule 11 of CPC is to be decided on the basis of plaint averments and documents filed therewith — Allegations regarding cause of action, applicability of Contract Act, Specific Relief Act, and Maharashtra Public Trust Act are matters of disputed facts requiring India Law Library Docid # 2428353
(430) BIJENDER SINGH Vs. STATE OF U.T.(CHANDIGARH) AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-08-2025 Constitution of India, 1950 — Articles 226/227 — Writ Petition — Re-engagement of daily wager — Petitioner seeking setting aside of order rejecting his request for re-engagement after acquittal in a criminal case India Law Library Docid # 2428380
(431) S. SHAHUL HAMEED Vs. BENAZIR BANU AND OTHERS[MADRAS HIGH COURT] 04-08-2025 Specific Relief Act, 1963 — Section 16(c) — Readiness and willingness — Onus on plaintiff — Plaintiff must prove readiness and willingness to perform part of the contract even in absence of specific plea by defendant. India Law Library Docid # 2428394
(432) KIRANDEEP KAUR Vs. GURBEER SINGH[PUNJAB AND HARYANA HIGH COURT] 04-08-2025 Guardian and Wards Act, 1890 — Section 25 — Transfer of proceedings — Wife seeking transfer of case filed by husband — Grounds for transfer included apprehension of bias due to husband's sister-in-law being a practicing advocate in the same jurisdiction, leading to difficulties in engaging counsel and lack of proper assistance from existing lawyers — Court considered the convenience of the wife and the wife's apprehension of not receiving justice — Previous transfer of another case between the p India Law Library Docid # 2432368
(433) JYOTI DANDASS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 04-08-2025 BNSS, 2023 — Section 528 — Application under — Scope — Challenging Revisional Order — Revisional court exceeded jurisdiction by entering into factual adjudication of evidentiary material at stage of framing charges, which is not warranted. India Law Library Docid # 2432444
(434) RAJESH KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 04-08-2025 Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of criminal proceedings — Amicable settlement — Criminal proceedings can be quashed if the court is satisfied that the parties have settled their dispute amicably and wish to restore peace and harmony between them. India Law Library Docid # 2432445
(435) WAKIA AFRIN (MINOR) Vs. M/S NATIONAL INSURANCE CO. LTD.[SUPREME COURT OF INDIA] 01-08-2025 Motor Vehicles Act, 1988 — Section 163A — Compensation for death or injury arising out of use of motor vehicle — No-fault liability — Section 163A is a special provision with a non-obstante clause that overrides other provisions of the Act, insurance laws, and policy terms — It covers all claims, not restricted to third-party claims, without requiring proof of negligence. India Law Library Docid # 2428331
(436) S.M. SHEREEF AND OTHERS Vs. STATE OF KERALA[KERALA HIGH COURT] 01-08-2025 Prevention of Corruption Act, 1988 — Sections 13(1)(d), 13(2) — Penal Code, 1860 (IPC) — Sections 468, 477A, 120B — Criminal misconduct, forgery, falsification of accounts, criminal conspiracy — Discharge plea — Allegations of misappropriation based on a rough estimate prepared by an Assistant Executive Engineer — Prosecution did not consider bills and vouchers produced by PTA showing actual expenditure — Key persons who handled the funds (PTA President and Secretary) were made witnesses and not India Law Library Docid # 2428334
(437) M/S. AKSHARA NIWAS CONSORTIUM AND OTHERS Vs. MRS. REETA TREHAN[CALCUTTA HIGH COURT] 01-08-2025 Civil Procedure Code, 1908 (CPC) — Section 114 and Order 47 Rule 1 — Review of Judgment — Power of review is not an inherent power and cannot be exercised as an appellate power in disguise — Review is permissible only for correcting patent errors or mistakes apparent on the face of the record, discovery of new and important matters, or analogous grounds — An error that requires extensive reasoning to detect is not an error apparent on the face of the record — A party cannot seek a review India Law Library Docid # 2428335
(438) KURT MANSHARAMANI AND ORS. Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 01-08-2025 Penal Code, 1860 (IPC) — offences under BNS and IT Act — Cybercrime syndicate defrauding foreign nationals — Petitioners arrested and granted bail by Magistrate. Bail order challenged by Investigating Officer for lack of reasons and ignoring evidence. India Law Library Docid # 2428336
(439) JANARDAN NIRMAN PVT. LIMITED Vs. GANNON DUNKERLEY AND CO. LTD.[CALCUTTA HIGH COURT] 01-08-2025 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 — Setting aside ex-parte proceedings — Application for vacating ex-parte order was filed on the date fixed for hearing, not after conclusion of arguments, thus maintainable. India Law Library Docid # 2428337
(440) RAM AVTAR SHOW @ RAM ABTAR SHAW Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 01-08-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)B — Conviction for possession of Ganja — Appeal against conviction and sentence — Admissibility of evidence — Non-compliance of Section 50 NDPS Act — Search and seizure from a bag carried by accused — Held Section 50 applies to personal search of body, not to search of bag or container. India Law Library Docid # 2428338