(521) KANSHIRAM SAHU AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 25-04-2025 Criminal Procedure Code, 1973 — Section 161 — Statement recorded thereunder — Discrepancies with court testimony — Material discrepancies between child witness’s statement under Section 161 and his testimony in court, particularly regarding mother’s involvement in assault and father’s drunken state, cast doubt on the reliability of the child witness’s testimony. India Law Library Docid # 2425664
(522) SMT. NASEEMA ALI AND OTHERS Vs. SMT. SAKEELA PARVEEN AND OTHERS[CHHATTISGARH HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Order 17 Rule 1 — Adjournment — Speedy Justice — Timely Delivery of Justice — Sufficient Cause — Power of Court to grant time and adjourn hearing is contingent upon showing ‘sufficient cause’ and recording reasons in writing — However, a party is limited to a maximum of three adjournments during hearing of suit — Speedy justice is a legal and human right, essential for maintaining public confidence in administration of justice — Prolonged delays in leading evidence, India Law Library Docid # 2425665
(523) DEEPAK KUMAR AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Criminal Procedure — Challenging Multiple FIRs — Maintainability of Joint Petition — A single petition challenging two distinct FIRs is not maintainable where the FIRs arise from separate incidents with no commonality of facts or law, requiring each FIR to be dealt with individually. India Law Library Docid # 2425822
(524) ANIL GAIND AND ANOTHER Vs. UT OF J&K AND OTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Criminal Procedure Code, 1973 — Section 156(3) — Application under — Investigation pursuant to — Scope of — Magistrate’s power to direct investigation — FIR registration based on application under Section 156(3) CrPC. India Law Library Docid # 2425823
(525) AMAN SATYA KACHROO TRUST Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Public Interest Litigation — Maintainability — Petitioner’s Standing — When a petitioner, a prospective bidder with a personal and competitive interest in the subject matter (here, establishment and operation of One Stop Centers), files a petition claiming public interest, such a petition is generally not maintainable. India Law Library Docid # 2425824
(526) ABDUL GHANI AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Jammu and Kashmir Land Revenue Act, 1996 — Section 13(1)(a) — Review of orders by Revenue Officers — Requirement of Prior Sanction — Officer of a class below Collector empowered to review orders only with sanction of immediately superior Revenue Officer — Order proposed to be reviewed must be of a class below that of Collector or Revenue Officer seeking review — Sanction required prior to reviewing the order, not after — Assistant Commissioner (Revenue) reviewing order before obtaining sanction India Law Library Docid # 2425844
(527) ROSHAN LAL Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED AND OTHERS[HIMACHAL PRADESH HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Order 1 Rule 10 — Impleading of party — Application to implead Electricity Board as respondent No. 7 filed by petitioner. India Law Library Docid # 2425887
(528) STATE BANK OF INDIA Vs. MANOJ S. BHUPTANI AND OTHERS[GUJARAT HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 96 — First Appeal — Challenge to dismissal of suit for recovery of outstanding loan dues — Suit based on alleged outstanding amount of Rs. 1,90,022/- with interest — Appellant bank’s claim based on extract of statement of loan account (Exh. 67) — Respondent defendants’ defence of settlement and full and final payment (Exhs. 75, 76, 77) — Evidence indicating settlement for Rs. 3,50,000/- and bank’s acceptance — Subsequent letters confirming receipt of Rs. 1,00 India Law Library Docid # 2425997
(529) BHIKHUBHAI POPATBHAI BHAKHOTHARA DECD. THROUGH CHANDRIKA AND ANOTHER Vs. GHANSHYAM KATHAD BHAKHOTHARA AND OTHERS[GUJARAT HIGH COURT] 25-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased cleaner of Matador involved in collision with ST Bus — Tribunal finding deceased was gratuitous passenger and exonerating Matador’s insurer — Finding of gratuitous passenger status upheld based on Panchnama and lack of contrary evidence. India Law Library Docid # 2425998
(530) HALS FOODS KITCHEN PRIVATE LIMITED Vs. PITHIYA JITENDRAKUMAR SOLE PROPRIETOR OF JAHAL ENTERPRISE[GUJARAT HIGH COURT] 25-04-2025 Copyright Act, 1957 — Section 2(c) — Artistic work — Label Mark — Claiming label as artistic work under Copyright Act — Whether label mark, typically falling under Trade Marks Act, qualifies as artistic work under Copyright Act Section 2(c) — Copyright subsists even in unpublished work and registration is not mandatory — Copyright holder has exclusive right to reproduce artistic work in any material form under Section 14(c) — Suit predominantly for infringement India Law Library Docid # 2425999
(531) DISTRICT PANCHAYAT Vs. MANHARLAL MULCHAND GANDHI AND ANOTHER[GUJARAT HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 115 — Revision Application — Scope of Executing Court’s Power — Back Wages — Calculation and Interest — Reinstatement implies continuous service — Executing Court calculating 75% back wages based on notional continuous service for period out of service (1972-1993) does not travel beyond decree’s scope — Contention that calculation should be based only on actual service rejected — Harassment of decree holder for prolonged period, even after setting aside first India Law Library Docid # 2426000
(532) GEB NOW (PASHCHIM GUJARAT VIJ COMPANY LTD) AND OTHERS Vs. HEIRS OF DECD.CHANDRAD BHAGABHAI NANABHAI AND OTHERS[GUJARAT HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 96 — First Appeal — Challenge to judgment and decree awarding compensation in a civil suit — Grounds of appeal primarily challenging the trial court’s finding on negligence — Question of compensation arises only upon proof of negligence — Burden of proof of negligence rests on the plaintiffs — Whether the trial court erred in finding negligence on the part of the defendant Electricity Board. India Law Library Docid # 2425996
(533) COMMISSIONER OF INCOME TAX AND OTHERS Vs. SHANKAR LALL GOENKA[GAUHATI HIGH COURT] 25-04-2025 Income Tax Act, 1961 — Section 260A — Appeal to High Court — Substantial question of law — Framing of additional substantial question — High Court can frame a substantial question of law afresh, while satisfying itself that the case involves such question of law, as per proviso to sub-section (4). India Law Library Docid # 2426211
(534) JYOTSNA RANI DAS LASKAR AND OTHERS Vs. RABIJUL HAQUE LASKAR AND OTHERS[GAUHATI HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Ascertaining existence of substantial question of law — Burden on appellant to demonstrate a substantial question of law arises from the factual findings and legal conclusions of the First Appellate Court — Mere framing of a question in the Memo of Appeal without demonstrating its substantial India Law Library Docid # 2426212
(535) SRI. BIRAJ MONI BORDOLOI Vs. SRI SRI BATADRAVA THAN PARICHALANA SAMITTEE[GAUHATI HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 and Section 151 — Constitution of India, 1950 — Article 227 — Societies Registration Act, 1860 — Injunction — Discretionary relief — Requirements for granting _ad interim_ injunction — Prima facie case, balance of convenience, and irreparable injury indispensable for granting injunction — Learned Trial Court failed to discuss prima India Law Library Docid # 2426208
(536) BILAL UDDIN BARBHUIYA Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 25-04-2025 Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Proof of guilt — Essential ingredients of circumstantial evidence summarized, requiring full establishment of circumstances forming a complete chain excluding every hypothesis but the guilt of the accused — Incident involved appellant fatally assaulting his mother with a stick following a dispute over a BPL card — Evidence includes testimony of witnesses seeing appellant with the stick near the deceased India Law Library Docid # 2426209
(537) MURLIDHAR AGGARWAL (D.) THR. HIS LR. ATUL KUMAR AGGARWAL Vs. MAHENDRA PRATAP KAKAN (D.) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 24-04-2025 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 — Section 21(1)(a) — Bona Fide Requirement — Assessment by Authorities — Appellate Review — The finding on bona fide requirement of the landlord under Section 21(1)(a) arrived at by the Prescribed Authority after analysing evidence regarding the landlord’s income, financial status, family needs, and lack of alternative business requires cogent and convincing reasons for reversal by the Appellate Authority — The Ap India Law Library Docid # 2425055
(538) THE CHIEF EXECUTIVE OFFICER AND OTHERS Vs. S. LALITHA AND OTHERS[SUPREME COURT OF INDIA] 24-04-2025 Administrative Tribunals Act, 1985 — Sections 19, 20 & 21 — Limitation — Exhaustion of Remedies — Effect of Representation — (i) Section 21 prescribes a limitation period of one year for approaching the Tribunal, reckoned from the date of the final order rejecting a statutory remedy (like appeal/revision) or from the expiry of six months after making such statutory representation if no order is passed. India Law Library Docid # 2425056
(539) ASIM MALLIK Vs. THE STATE OF ODISHA[SUPREME COURT OF INDIA] 24-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C) Commercial Quantity — Special Leave Petition — Bail — Grant by Supreme Court — Considerations — Period of Incarceration — In a Special Leave Petition concerning bail for an offence involving commercial quantity under Section 20(b)(ii)(C) of the NDPS Act, where the petitioner had initially been granted interim bail by the High Court, the Supreme Court may grant regular bail considering the significant period of incarcerat India Law Library Docid # 2425057
(540) M/S CHITHRA WOODS MANORS WELFARE ASSOCIATION Vs. SHAJI AUGUSTINE[SUPREME COURT OF INDIA] 24-04-2025 Contempt of Courts Act, 1971 — Section 2(b) — Civil Contempt — Wilful Disobedience — Failure to comply with a specific monetary direction passed by the Supreme Court (directing payment of arrears of use and occupation charges in instalments), despite seeking and obtaining time or benefit under related court orders (like status quo), constitutes wilful disobedience amounting to civil contempt, especially when the contemnor continues to enjoy the property and its benefits without making payments o India Law Library Docid # 2425096