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(901) HANS RAJ Vs. SITA DEVI & OTHER[HIMACHAL PRADESH HIGH COURT] 07-07-2025
Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claims — Gratuitous Passenger vs. Owner of Goods/Representative — Insurance Liability — When an individual is traveling in a goods carrying vehicle alongside their own goods, they are considered an “owner of goods” or their “representative,” not a gratuitous passenger — In such cases, the insurer is liable to indemnify the owner for compensation
India Law Library Docid # 2427617

(902) SEHRAN WANI Vs. THE UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 07-07-2025
Public Safety Act (PSA) — Preventive Detention — Grounds for Quashing Detention Order — Mechanical application of mind — Failure to provide full record to detenue — No clear information about right to make representation to detaining authority — Absence of live and proximate link between past activities and detention order — The detention order is invalid if it is based on outdated and vague
India Law Library Docid # 2427618

(903) N.P.RAJANI AND OTHERS Vs. RADHA NAMBIDI PARAMBATH AND OTHERS[KERALA HIGH COURT] 07-07-2025
Hindu Law — Daughters’ Right to Property — Hindu Succession (Amendment) Act, 2005 (Act 39 of 2005) — Kerala Joint Family System (Abolition) Act, 1975 (Act 30 of 1976) — Repugnancy — The Kerala Act, which eliminates the right by birth in ancestral property, conflicts directly with the Central Act of 2005, which grants daughters equal coparcenary rights by birth — The Central Act, being later and specifically addressing the same field of “joint family” and “succession”, prevails
India Law Library Docid # 2427619

(904) MUMTAJUDDIN Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 07-07-2025
Criminal Law – Murder (IPC, S. 302) – Conviction based on circumstantial evidence – Hostile witnesses – Evidentiary value – The evidence of a prosecution witness, even if they turn hostile, does not get completely wiped out and remains admissible, provided it is corroborated by other reliable evidence and found dependable upon careful scrutiny.
India Law Library Docid # 2427620

(905) BULBUL KHATOON Vs. THE STATE OF BIHAR AND OTHER[PATNA HIGH COURT] 07-07-2025
Criminal Procedure Code, 1973 — Section 125 — Maintenance of Wives, Children and Parents — Object and Scope — The objective of granting maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy due to the failure of marriage; it is not a punishment to the other spouse.
India Law Library Docid # 2427621

(906) RAJ KUMAR Vs. RAJENDER[PUNJAB AND HARYANA HIGH COURT] 07-07-2025
Criminal Procedure Code, 1973 — Section 372 Proviso — Negotiable Instruments Act, 1881 — Section 138 — Appeal against acquittal — Complainant as ‘victim’ — A complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, qualifies as a ‘victim’ within the meaning of Section 2(wa) of the Cr.P.C. (now Section 2(1)(w) of BNSS, 2023) and therefore has the right to file an appeal against
India Law Library Docid # 2427622

(907) ROSHAN YADAV Vs. UNION OF INDIA AND OTHERS (Along with connected matters shown in the appended Schedule-I)[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 07-07-2025
Examinations — NEET-UG 2025 — Irregularities — Power Failure/Outage — Jumbled Questions — Request for re-examination or compensatory marks — While power failure and jumbling occurred, these were due to “vis major” (acts of God) like storm and rain, which are beyond human control — Furthermore, only a small fraction (0.575%) of candidates at the affected center raised grievances, and given the
India Law Library Docid # 2427623

(908) JYOTI PRASAD AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 07-07-2025
Penal Code, 1860 (IPC) — Sections 420, 467, 120-B — Framing of charges — Discharge of accused — Prosecution evidence — Prima facie case — Inadequacy of evidence — Abuse of process of law — Court's power to quash proceedings when charges are groundless — Consistency with co-accused's discharge — Similarity of facts
India Law Library Docid # 2428690

(909) STAYTING STAYTS, (OPC) PRIVATE LIMITED AND OTHERS Vs. SMT. PREM AGRAWAL[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-07-2025
Rajasthan Rent Control Act, 2001 — Section 20(f) — Execution of order for possession — Failure to pay rent as determined by Rent Tribunal — Landlord’s right to seek possession through execution proceedings — Rent Tribunal’s order directing tenant to pay rent and subsequent failure to comply — Landlord files execution application seeking possession — Executing Court issues order for delivery of possession — Court
India Law Library Docid # 2428616

(910) THE CHAIRMAN/MANAGING DIRECTOR,, A.P. POWER GENERATION CORPORATION Vs. K VENU AND OTHER[ANDHRA PRADESH HIGH COURT] 04-07-2025
Industrial Disputes Act, 1947 — Section 2A(2) — Industrial Dispute — Maintainability — Direct approach to Tribunal by Workman — Andhra Pradesh State Amendment (32 of 1987) — Provision allows workman to directly apply to Labour Court for adjudication, notwithstanding Section 10 of the Act — High Court order permitting workman to approach Tribunal — Tribunal correctly entertained the direct
India Law Library Docid # 2427534

(911) THE STATE OF ANDHRA PRADESH Vs. DAMERA VEERASWAMY NAIDU AND OTHER[ANDHRA PRADESH HIGH COURT] 04-07-2025
Civil Procedure Code, 1908 — Order 47 Rule 1 — Review — Scope of — A review petition is concerned only with errors apparent on the face of the record, discovery of new and important matters, or “any other sufficient reason” analogous to the specified grounds — It cannot be an appeal in disguise or a re-hearing of the original matter — The review court does not sit in appeal over its own order nor re-hear the case on merits — Reiteration of arguments previously raised and rejected
India Law Library Docid # 2427535

(912) ACARYA VISHVADEVANANDA AVADHUTA Vs. ANANDA MARGA PRACHARAKA SAMGHA AND OTHERS[CALCUTTA HIGH COURT] 04-07-2025
Civil Procedure Code, 1908 — Section 151 — Inherent Powers of Court — Application for injunction to restrain disturbance of spiritual congregation (Dharma Maha Sammelan - DMS) — Rejection of application by trial court and dismissal of appeal upheld — Court found no exclusive right of petitioner to hold DMS or evidence of disturbance by opposite parties — Past practice of both groups holding DMS on same venue on different dates acknowledged — Multiple prior litigations
India Law Library Docid # 2427536

(913) NANU @ NARAYAN ADHIKARY Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 04-07-2025
Criminal Procedure — Appeal against conviction — Murder (Section 302 IPC) — Circumstantial evidence — Dying Declaration — Delay in FIR — Scope of judicial review — The High Court reviews the trial court’s judgment to determine if the conviction under Section 302 IPC for murder, based primarily on a dying declaration and circumstantial evidence, is justified, considering issues such as delay in lodging
India Law Library Docid # 2427537

(914) CONQUEROR INNOVATIONS PRIVATE LIMITED AND ANOTHER Vs. XIAOMI TECHNOLOGY INDIA PRIVATE LIMITED[DELHI HIGH COURT] 04-07-2025
Patent Law — Interim Injunction — Principles for Grant — For an interim injunction to be granted in a patent infringement case, the plaintiff must establish a prima facie case of infringement, balance of convenience in their favour, and that irreparable injury would be caused if the injunction is not granted.
India Law Library Docid # 2427538

(915) CHANDULAL JIVRAJBHAI PADARIYA AND ANOTHER Vs. DINESHBHAI MANILAL DESAI[GUJARAT HIGH COURT] 04-07-2025
Bombay Rent Act, S. 29(2) — Civil Revision Application — Scope — Court’s revisional jurisdiction circumscribed to examining whether Courts below acted within law, jurisdiction, and without material irregularity — Re-examination or re-appreciation of evidence, or substituting plausible alternative views, is impermissible unless findings are perverse — High Court cannot interfere with factual findings
India Law Library Docid # 2427539

(916) BABU LAL AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-07-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR and proceedings — Public examination fairness — Allegations of fabricating educational credentials and impersonation in public examination — Court found prima facie cognizable offenses under IPC and Prevention of Unfair Means Act — Serious offenses concerning public employment integrity warrant trial — Petitioners not named in FIR but
India Law Library Docid # 2428569

(917) HARKESH MEENA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-07-2025
Criminal Procedure Code, 1973 (CrPC) — Section 207 — Supply of documents to accused — Includes electronic records — Accused has a right to obtain copies of all documents relied upon by the prosecution in the exact form they were prepared to ensure a fair trial — Failure to provide a clone copy of memory cards used for recordings, when the authenticity of the recording is questioned, violates the accused’s right to preparation of defence and fair trial.
India Law Library Docid # 2428570

(918) SUNIL GUPTA Vs. BANK OF INDIA[HIMACHAL PRADESH HIGH COURT] 04-07-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Complaint — Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Scope of Section 482 Cr.P.C. — High Court, while exercising powers under Section 482 Cr.P.C. for quashing a complaint under Section 138 of the NI Act, cannot assume the powers of an appellate or revisional court, nor conduct a mini-trial — The court is
India Law Library Docid # 2427540

(919) CCL Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 04-07-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 102 — Criminal Revision — Principles of Juvenile Justice Act, 2015 — Section 12 — Bail to a person who is apparently a child alleged to be in conflict with law — Interpretation of “shall” — Mandatory nature — The word “shall” in Section 12(1) of the JJ Act implies that releasing a Child in Conflict with Law (CCL) on bail is generally mandatory, unless specific statutory exceptions are met.
India Law Library Docid # 2427541

(920) ASIF AMIN CHALKOO AND OTHERS Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 04-07-2025
Prevention of Corruption Act, 1988 — Section 17A — Enquiry, inquiry, or investigation of offences relatable to recommendations/decisions of public servant — Mandatory nature — Previous approval of government is mandatory for conducting any enquiry, inquiry, or investigation into an alleged offence committed by a public servant under the PC Act, where the offence is relatable to any recommendation made
India Law Library Docid # 2427542