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(461) ARUN TANTI Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 29-04-2025
Penal Code, 1860 — Section 302 — Murder — Circumstantial Evidence — Fratricide — Case based on circumstantial evidence; prosecution must prove a complete chain of circumstances leading only to the accused’s guilt — Absence of eyewitnesses necessitates rigorous scrutiny — Extrajudicial confession made before police or under duress is inadmissible (Sections 24, 25 Evidence Act, 1872) — Seizure of alleged weapon without bloodstains or forensic testing weakens prosecution case — Inconsistency in wit
India Law Library Docid # 2426172

(462) ON THE DEATH OF HARI PRASAD DOWERAH HIS LEGAL HEIRS NAMELY SRI AMRIT DOWERAH Vs. TATA TEA LTD.[GAUHATI HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 — Section 115 — Revision — Scope — Challenging an order in execution proceedings — Order under challenge rejected judgment debtor’s preliminary and final objections to executability of decree — Revisional jurisdiction invoked where the learned Executing Court has meticulously considered each objection and applied the law properly — No error, illegality, or material irregularity found in the exercise of jurisdiction.
India Law Library Docid # 2426173

(463) MUSST ASIA KHATUN AND OTHERS Vs. PATRIK URANG AND OTHERS[GAUHATI HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 — Section 100(4), Order 7 Rule 1(e) — Second Appeal — Substantial Question of Law — Pleadings — Adverse Possession — Requirement of pleading and proving hostile possession in denial of true owner’s title — Contradictory pleas of independent title and adverse possession not permissible — Admission of long possession by defendant does not automatically establish adverse possession — Defendant claiming adverse possession must plead and prove the essential elements thereof
India Law Library Docid # 2426174

(464) HEAD CONSTABLE RAJ KUMAR ETC. Vs. THE STATE OF PUNJAB AND ANOTHER[SUPREME COURT OF INDIA] 29-04-2025
Criminal Procedure Code, 1973 — Sections 210, 197, 482 — Penal Code, 1860 — Section 302, 341, 148, 149, 506 — Quashing of criminal complaint, summoning order, and charge framing against police officers accused of murder in an alleged encounter — Prima facie evidence from compliant, eyewitness depositions, SIT report finding police self-defence version false, and CCTV footage converging vehicles held sufficient to justify summoning and charge framing — Section 210 CrPC (stay of proceedings when p
India Law Library Docid # 2426802

(465) ABU BAQAR Vs. DR. ABHAY PRATAP SINGH[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-04-2025
Consumer Protection Act, 1986 — Section 21 — Medical Negligence — Revision Petition — Onus of Proof — Applicability of Res Ipsa Loquitur — The State Commission’s finding that medical negligence was not established due to lack of documentary evidence regarding the treatment provided by the doctor is upheld — The Petitioner’s reliance on “res ipsa loquitur” (the thing speaks for itself) is deemed inapplicable as no evidence was presented to establish its applicability, such as proof that the docto
India Law Library Docid # 2427300

(466) SOPHIA AND ANOTHER Vs. STATE BANK OF TRAVANCORE VIKAS BHAVAN BRANCH AND ANOTHER[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-04-2025
Consumer Protection Act, 1986 — Deficiency in Service — Unfair Trade Practice — Insurance — Home Loan — Group Insurance Scheme — Repudiation of Claim — Death within Exclusion Period — Where a Master Policy for a group insurance scheme stipulates an exclusion clause for death occurring within 45 days of the commencement of risk, and the insured dies within this period due to natural causes, the insurance claim is validly repudiated by the insurer.
India Law Library Docid # 2427301

(467) DR. RAJNI SAIGAL @ DR. RAJNI SEHAGAL, DR. RAJINI KUMAR Vs. DR. PAWAN STHAPAK, MEDICAL DIRECTOR AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 29-04-2025
Consumer Protection Act, 1986 — Section 21(a)(i) — Medical Negligence — Loss of an eye after cataract surgery — Doctor’s Duty of Care — Complainant developed severe infection post-right eye cataract surgery, leading to eventual eye removal — Despite repeated complaints of pain and vision loss, subsequent left eye surgery was performed — Delay in proper diagnosis and referral to specialized care — Hospital claimed infection originated from patient’s poor hygiene, but this was unsubstantiated give
India Law Library Docid # 2427302

(468) AADITYA KHAITAN @ ADITYA KHAITAN AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[SUPREME COURT OF INDIA] 28-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Test for Interference — The power under Section 482 Cr.PC to quash an FIR is exercisable when the allegations made in the complaint/FIR, taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused — The examination is of the complaint as a whole, without delving into the merits, assessing reliability, or conducting a meticulous analysis of the material —
India Law Library Docid # 2425107

(469) K. P. TAMILMARAN Vs. THE STATE BY DEPUTY SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 28-04-2025
Evidence Act, 1872 — Section 154 — Hostile Witness — Evidentiary Value — The evidence of a witness permitted to be cross-examined under Section 154 by the party calling him (often termed ‘hostile’) cannot be discarded altogether as a matter of law — It remains admissible evidence forming part of the record — It is for the Court, exercising prudence and caution, to consider the testimony as a whole, along with other evidence, and determine its credibility and the extent to which it can be relied
India Law Library Docid # 2425108

(470) M/S OSWAL PETROCHEMICALS LTD. Vs. COMMISSIONER OF CENTRAL EXCISE, MUMBAI - II[SUPREME COURT OF INDIA] 28-04-2025
Central Excise Rules, 1944 — Rule 56(2) & 56(4) — Principles of Natural Justice — Re-classification — Test Reports — Where re-classification of goods leading to a higher duty demand is proposed based on chemical test reports, principles of natural justice and the mandate of Rule 56(2) require that copies of such test reports, forming the sub-stratum of the demand, must be furnished to the assessee — Merely providing a gist of the test results, especially within show-cause notices, constitutes a
India Law Library Docid # 2425131

(471) CHUNNI BAI Vs. STATE OF CHHATTISGARH[SUPREME COURT OF INDIA] 28-04-2025
Penal Code, 1860 (IPC) — Sections 299, 300, 302, 304 — Murder vs. Culpable Homicide Not Amounting to Murder — Mens Rea — Intention/Knowledge — All ‘murder’ under Section 300 IPC is ‘culpable homicide’ under Section 299 IPC, but the converse is not true — The critical distinction lies in the degree of mens rea (intention or knowledge). A conviction for murder under Section 302 IPC requires proof beyond reasonable doubt of: (i) intention to cause death; or (ii) intention to cause bodily injury lik
India Law Library Docid # 2425132

(472) CONSOLIDATED CONSTRUCTION CONSORTIUM LIMITED Vs. SOFTWARE TECHNOLOGY PARKS OF INDIA[SUPREME COURT OF INDIA] 28-04-2025
Arbitration and Conciliation Act, 1996 — Sections 34 & 37 — Scope of Judicial Review — Arbitral Award — Plausible View — The jurisdiction of a court under Section 34 of the 1996 Act to set aside an arbitral award is highly restrictive and confined strictly to the grounds enumerated therein (sub-sections (2) and (2A)) — The court cannot act as an appellate body, re-appraise evidence, or substitute its own view for that of the arbitrator merely because a different interpretation or conclusion is p
India Law Library Docid # 2425133

(473) GBJ HOTELS PRIVATE LIMITED Vs. SRIHARAN SRIPATHMANATHAN AND OTHERS[SUPREME COURT OF INDIA] 28-04-2025
Insolvency and Banking Law — SARFAESI Act, 2002 — Auction Sale — Intervention by Courts — Maximizing Asset Value — Where a successful auction purchaser under SARFAESI challenges a High Court order that entertained a higher offer from a third party post-auction acceptance, the Supreme Court, in exercise of its inherent power during the Special Leave Petition proceedings, may invite fresh bids from the original auction purchaser and the third party to ensure maximization of the value of the secure
India Law Library Docid # 2425192

(474) VINEET JAIN Vs. UNION OF INDIA[SUPREME COURT OF INDIA] 28-04-2025
Criminal Procedure Code, 1973 — S. 439 — Bail — Principles for Grant — Economic Offences — Central Goods and Services Tax Act, 2017 — S. 132(1)(c), (f), (h) — In cases involving offences under specific statutes like the CGST Act, 2017, where the maximum sentence is limited (5 years), the case is triable by a Magistrate, the prosecution relies primarily on documentary evidence, a charge-sheet has been filed, the accused has undergone significant pre-trial detention (almost 7 months), and
India Law Library Docid # 2425289

(475) M/S SDS INFRACON PVT. LTD. AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 28-04-2025
Stamp Act, 1899 — Section 23 — Instruments Reserving Interest — Section 23 categorically provides that an instrument is not chargeable with a higher stamp duty merely because it expressly makes interest payable along with the principal amount — The duty is chargeable only on the principal amount as if no mention of interest had been made.
India Law Library Docid # 2425271

(476) DHEER SINGH AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 28-04-2025
Evidence Act, 1872 — Testimony of Related Witness — The evidence of a witness cannot be discarded solely on the ground that they are related to the deceased or interested; however, such testimony requires scrutiny with greater care and caution — If found credible and consistent, it can form the basis of conviction.
India Law Library Docid # 2425304

(477) BHANWAR LAL @ BHANWRA RAM AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 28-04-2025
Penal Code, 1860 — Section 304-B — Evidence Act, 1872 — Section 113-B — Dowry Death — Proof Required — Presumption — To establish the offence of dowry death under S. 304-B IPC and invoke the presumption under S. 113-B Evidence Act, the prosecution must meticulously prove beyond reasonable doubt that soon before her death, the woman was subjected to cruelty or harassment by the accused in connection with a demand for dowry — A clear nexus or live link between the dowry demand, the alleged harassm
India Law Library Docid # 2425422

(478) RAVISH SINGH RANA Vs. STATE OF UTTARAKHAND AND ANOTHER[SUPREME COURT OF INDIA] 28-04-2025
Penal Code, 1860 — Section 376 — Rape — Promise to Marry — Long-Term Live-in Relationship — Presumption of Consent — In a long-drawn live-in relationship spanning over two years, where adult parties cohabit under one roof, a presumption of valid consent for initiating and maintaining the physical relationship arises — The mere allegation that the relationship was entered into based on a promise of marriage, without more, may be unworthy of acceptance, especially when there is no assertion that t
India Law Library Docid # 2425407

(479) RAJ KUMAR SHARMA Vs. AMARDEEP KAPOOR SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 28-04-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Temporary Injunction — Principles for Grant — Prima Facie Case — In an application for temporary injunction in a suit for specific performance of an agreement to sell, a prima facie case is established if the plaintiff demonstrates the execution of the agreement, payment of part consideration, and readiness and willingness to perform their part of the contract by paying the remaining consideration — The mere fact that only a portion of the sale
India Law Library Docid # 2425479

(480) NATIONAL INSURANCE CO. LTD. Vs. DHAWAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Motor Vehicles Act, 1988 — Sections 166, 140 & 128 — Claim Petition — Contributory Negligence — Deceased not wearing helmet — Failure to plead and prove by insurer — Where Insurance Company argued for 50% contributory negligence because deceased motorcyclist was not wearing a helmet and died of head injuries, but had not raised this plea in its written statement before MACT nor led any evidence to prove it, and consequently no issue was framed on this aspect, the High Court rightly rejected this
India Law Library Docid # 2425556