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(761) MADHYA PRADESH ROAD DEVELOPMENT CORPORATION Vs. VINCENT DANIEL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Land Law —Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 26 — Determination of Market Value — Applicability of ‘Theory of Deduction’ — Interpretation of Section 26(1) and Explanation 4
India Law Library Docid # 2423915

(762) MS. INDER PAL KAUR Vs. THE STATE OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 27-03-2025
Succession Act, 1925 — Section 299 — Civil Procedure Code, 1908 — Section 104, O. XLIII R. 1 — Appeal from Order — Probate Proceedings — Appeal challenging the dismissal of a probate petition concerning an unregistered Will dated 02.08.2009 and the concurrent upholding of an earlier registered Will dated 16.03.2005 by the Probate Court — Scope of appellate review under the relevant provisions assessed.
India Law Library Docid # 2423960

(763) S M MATLOOB Vs. ASMA PARVEEN AND OTHERS[DELHI HIGH COURT] 27-03-2025
Letters Patent Appeal — Scope — Challenge to dismissal of Review Petition — Intervention Application — Present Letters Patent Appeal arises from the dismissal of a review petition by the learned Single Judge — the review petition itself sought review of an order dismissing the appellant's second application for intervention in a disposed-of writ petition.
India Law Library Docid # 2423961

(764) DILIP TRIPATHI AND OTHERS Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 27-03-2025
Evidence — Hostile Witness — Evidentiary Value — Evidence Act, 1872 — Sections 145, 154 — Court observed that merely because a witness resiles from parts of police statement, entire testimony not discarded — Portions corroborating earlier testimony, if duly supported, can be relied upon — Deviations may be natural but testimony read as a whole, if truthful, can be relied upon.
India Law Library Docid # 2423962

(765) CHANDRASEKHAR RAMESH GALANDE Vs. SATISH GAJANAN MULIK AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Criminal Proceedings — Scope of Interference — The High Court is justified in quashing criminal proceedings under Section 482 CrPC when, upon examination of the allegations recorded in the FIR, it concludes that the essential ingredients of the alleged offences are not made out, and the allegations amount merely to a promise or
India Law Library Docid # 2424050

(766) M/S. PRARAM INFRA THROUGH ITS PARTNER SHRI PRAYANK JAIN Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 27-03-2025
Criminal Procedure Code, 1973 — Section 160 — Evidence Act, 1872 — Section 126 — Notice to Advocate — A notice issued under S. 160 Cr.P.C. to an advocate, requiring appearance and signature sample merely for verifying a signature on a notice previously sent by the advocate on behalf of the complainant to the accused, is impermissible and liable to be quashed — Such an advocate, acting solely in their professional capacity for the complainant and not involved in any illegal purpose related to the
India Law Library Docid # 2424136

(767) RADHIKA KAMAL MIRANI @ RASHMI VIJAY RIJHWANI Vs. NISHA PURSHOTAM MIRANI[BOMBAY HIGH COURT] 27-03-2025
Civil Procedure Code, 1908 — Order XXXVII Rule 1(2)(b)(i) — Summary Suit — Debt or Liquidated Demand — Requirement of Written Contract — A summary suit under Order XXXVII Rule 1(2)(b)(i) of the Civil Procedure Code, 1908, seeking recovery of a debt or liquidated demand in money based on a contract, is maintainable only if such debt or demand arises “on a written contract” — The legislative history, particularly the 1966 Bombay High Court Amendment and the 1976 Central Amendment to the CPC, makes
India Law Library Docid # 2424279

(768) SMT. RAJAVVA Vs. MALLESH AND ANOTHER[KARNATAKA HIGH COURT (DHARWAD BENCH)] 27-03-2025
Criminal Procedure Code, 1973 — Section 372 (Proviso) — Appeal Against Acquittal by Victim/Complainant — Scope of Appellate Review — While an appellate court hearing an appeal against acquittal (filed by the victim/complainant under the proviso to Section 372 CrPC) has full power to review, re-appreciate, and reconsider the entire evidence, it must bear in mind the double presumption of innocence favouring the accused (initial presumption plus reinforcement by acquittal) — Interference with acqu
India Law Library Docid # 2424438

(769) HERITAGE FOODS (INDIA) LIMITED Vs. GOOD HEALTH AGROTECH PVT. LTD. AND OTHERS[MADRAS HIGH COURT] 27-03-2025
Trade Marks Act, 1999 — Section 12 — Honest Concurrent Use — Registration of Identical/Similar Marks — Where evidence demonstrates that the respondent adopted and commercially used the trademark ‘HERITAGE’ for specific goods (edible oils) honestly and bona fide from a date (early 1995) nearly contemporaneous with the petitioner’s commencement of commercial use of the same mark for different goods (dairy products etc., from 1993-94), such use qualifies as ‘honest concurrent use’ under Section 12,
India Law Library Docid # 2424457

(770) JACOB P. PAUL @ THAMPI Vs. STATE OF KERALA[KERALA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 239 — Discharge — Scope of Consideration — At the stage of considering an application for discharge under Section 239 CrPC, the court’s inquiry is limited to ascertaining whether a prima facie case exists against the accused based on the materials produced by the prosecution (final report and accompanying documents) — The court must proceed on the assumption that the prosecution material is true and evaluate if the facts emerging therefrom, taken at face v
India Law Library Docid # 2424589

(771) KORAH A.G Vs. STATE OF KERALA[KERALA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 173(8) — Further Investigation — Power of Magistrate — A Magistrate has the power to order further investigation under Section 173(8) CrPC at any stage before the commencement of the trial, which begins only after charges are framed — The dismissal of a discharge application under Section 239 CrPC does not extinguish this power, as the trial has not yet commenced.
India Law Library Docid # 2424590

(772) MOBITHA M.M. Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 27-03-2025
Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) — Section 3(1) — Preventive Detention — Detention while in Judicial Custody — Compelling Reasons — Subjective Satisfaction — An order of preventive detention under KAAPA can be validly passed against a person already in judicial custody if the detaining authority, based on reliable materials, forms a subjective satisfaction that (a) there is a real possibility of the person being released on bail, and (b) upon such release, the person
India Law Library Docid # 2424591

(773) K R JAYACHANDRAN Vs. STATE OF KERALA AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025
Bail — Anticipatory Bail — Grant by Supreme Court — Offences under IPC & POCSO Act — Factors Considered — Appellant sought anticipatory bail under S. 482 BNSS, 2023 (equivalent to S. 438 CrPC, 1973) facing serious allegations under IPC (including S. 376 provisions) and POCSO Act involving a minor child — High Court rejected the application — Supreme Court, having previously granted interim protection conditional upon cooperation with investigation, noted the appellant's submission of having appe
India Law Library Docid # 2424653

(774) VEMULA SRINIVASA RAO Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 27-03-2025
Criminal Law — Circumstantial Evidence — Standard of Proof — Panchsheel Principles — In cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence that unerringly points towards the guilt of the accused and excludes every possible hypothesis of innocence — Each circumstance must be fully proved, consistent only with guilt, and conclusive in nature.
India Law Library Docid # 2424775

(775) T. UDAYKUMAR Vs. RAVICHANDRAN AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Land Acquisition Act, 1894 — Acquisition by State Housing Board — Determination of acquired area — Clerical error in order mentioning acquired land as 4.05 acres instead of 4.95 acres rectified by reference to compensation amount awarded, which corresponded to 4.95 acres — Title vested with Housing Board upon valid acquisition — Subsequent sale deeds executed by erstwhile owners or their successors are void ab initio as sellers lacked title — Ratification deed purporting to
India Law Library Docid # 2424801

(776) CHIMAKURTHI NAGA VENKATA SAI KIRAN Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 27-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 482 (Anticipatory Bail) [Corresponding to Cr.P.C., S. 438] — Nature and Scope — Exercise of Power — The power to grant anticipatory bail under Section 482 of BNSS is an extraordinary judicial remedy that must be exercised sparingly, with caution and circumspection, and only in exceptional circumstances where a clear case is made out — It is not to be granted as a matter of routine. The court must consider various factors including the nat
India Law Library Docid # 2424817

(777) NATHU RAM AND OTHERS Vs. LILA DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Succession Act, 1925 — Section 63(c) — Execution and Attestation of Will — A Will is validly executed if signed/thumb-marked by the testator and attested by at least two witnesses who witness the testator’s signature/mark or receive personal acknowledgment thereof, and who sign in the testator’s presence — There is no requirement for attesting witnesses to disclose the place or specific time of execution or attestation, nor must they sign the scribe’s register — The deposition of attesting witn
India Law Library Docid # 2425019

(778) JORA SINGH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Basis for Summoning — The power to summon additional accused under Section 319 Cr.P.C. must be exercised judiciously based on evidence recorded during the trial that indicates a strong likelihood of the proposed accused having committed the offence. (Para 17)

B. Criminal Procedure Code, 1973 — Section 319 — Consideration of Evidence — Before summoning additional accused, the trial court is obliged to consider and discuss the complete relevant mat
India Law Library Docid # 2425020

(779) GIAN CHAND GARG Vs. HARPAL SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Negotiable Instruments Act, 1881 — Sections 118 & 139 — Presumption of Consideration and Debt — Once the signature on a cheque is admitted or proved, the court shall presume, unless the contrary is proved, that the cheque was made for consideration and received by the holder for the discharge of a legally enforceable debt or liability — The burden to rebut these presumptions shifts to the accused
India Law Library Docid # 2425021

(780) OM PARKASH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Standard for Summoning — The power to summon additional accused under Section 319 Cr.P.C. is discretionary and extraordinary, to be used sparingly only when strong and cogent evidence emerges during trial indicating a degree of complicity greater than required for framing charge, though short of that needed for conviction.
India Law Library Docid # 2425022