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(981) GYANENDRA SINGH @ RAJA SINGH Vs. STATE OF U.P.[SUPREME COURT OF INDIA] 07-03-2025
Penal Code, 1860 (IPC) — Sections 376(2)(f) and 376(2)(i) — Protection of Children from Sexual Offences Act, 2012 – Sections 3, 4, 42 and 42A — Sentencing Guidelines for Rape offences under IPC and POCSO Act — The Court clarified that while the appellant's conviction under both IPC and POCSO Act is upheld, the sentence of life imprisonment for the IPC offences should not necessarily mean imprisonment for the remainder of the natural life, and instead, can
India Law Library Docid # 2423219

(982) THE STATE OF RAJASTHAN Vs. INDRAJ SINGH ETC.[SUPREME COURT OF INDIA] 07-03-2025
Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022 — Sections 3 and 10 — Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 120B — Parameters for setting aside an order of Bail — The Supreme Court outlined the parameters for setting aside an order of bail, emphasizing that an appellate court must critically analyze the soundness of the bail order, considering factors like the nature of the offence, severity of punishment, and prima
India Law Library Docid # 2423220

(983) MADAN LAL Vs. STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 07-03-2025
Prevention of Corruption Act, 1988 - Section 13(i)(d), Section 13(2) and 20 —Requirement of Proof Beyond Reasonable Doubt in Corruption Cases — The Supreme Court emphasized that in corruption cases, the prosecution must establish the allegations of demand and acceptance of bribe beyond all reasonable doubt, highlighting the discrepancies in the testimonies of witnesses and the lack of direct evidence of the bribe transaction in this case
India Law Library Docid # 2423221

(984) YUVRAJ LAXMILAL KANTHER AND ANOTHER Vs. STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge under Section 227 CRPC — Requirements and Procedure — The Supreme Court emphasized that for discharge under Section 227 CrPC, the court must consider whether there are sufficient grounds to proceed against the accused, requiring only a prima facie examination of the materials, not a threadbare analysis
India Law Library Docid # 2423222

(985) DELHI DEVELOPMENT AUTHORITY Vs. S.G.G. TOWERS (P) LTD. AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Delhi Development Act, 1957 — Section 22 — Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 — Rule 43 — Execution of Lease Agreement and Creation of Leasehold Rights — The Supreme Court held that the execution of a lease agreement does not automatically create leasehold rights; a separate lease deed must be executed and registered as per the agreement's terms, as seen in Clause 24 of the lease agreement in this case
India Law Library Docid # 2423223

(986) AYYAVU Vs. PRABHA AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Property Law — Disputed Property and Title — Role of Sale Deed and Boundaries — The Supreme Court emphasized the importance of a sale deed's boundaries in determining title and possession, noting that the plaintiff's sale deed showed definite boundaries, and the vendor did not retain any portion, contradicting the defendants' claim
India Law Library Docid # 2423224

(987) CHIRAGBHAI ARVINDBHAI DESAI Vs. HEIRS OF PUSHPABEN D/O. AMBALAL JAVERBHAI AND WD/O MANUBHAI PARSHOTTAMBHAI AND OTHERS[GUJARAT HIGH COURT] 07-03-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Limitation Act, 1963 — Articles 58, 59 and 113 — An amendment introducing a clearly time-barred claim under the Limitation Act, 1963, can be rejected by the court, even if the underlying transaction is alleged to be void, particularly when there is no reasonable explanation for the significant delay in seeking the amendment, as per principles governing amendments under Order 6 Rule 17 of the CPC.
India Law Library Docid # 2423264

(988) STATE OF GUJARAT Vs. HITENDRASINH HARISINH ZALA AND OTHERS[GUJARAT HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378(1)(3) — Penal Code, 1860 (IPC) - Section 498-A, 306 and 114 — Appellate Court's Discretion in Acquittal Appeals — In an appeal against acquittal, the Appellate Court will not interfere with the trial court's decision if the view taken by the trial court is reasonable and plausible, even if a different view is possible, and the accused is entitled to the benefit of doubt — This is because, in acquittal appeals, there is a double presumption of in
India Law Library Docid # 2423259

(989) STATE OF GUJARAT Vs. HARESH @ GOPALBHAI JENTIBHAI UMRETHIA PATEL AND OTHERS[GUJARAT HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378(1)(3) — Penal Code, 1860 (IPC) — Section 498-A, 306 and 114 — Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(10) — Benefit of doubt — An appellate court, hearing an appeal against acquittal has the power to review the evidence, it should not interfere with the trial court’s order of acquittal if the trial court’s judgment is based on evidence and the view taken is reasonable and plausible — This restrain
India Law Library Docid # 2423260

(990) STATE OF ASSAM AND OTHERS Vs. ARABINDA RABHA AND OTHERS[SUPREME COURT OF INDIA] 07-03-2025
Constitution of India, 1950 — Article 142 — Administrative Discretion in Recruitment — The Supreme Court upheld the decision of a successor government to cancel a recruitment process initiated by a previous government, citing detected irregularities and illegalities — The court emphasized the importance of administrative discretion in ensuring fairness and proportionality in recruitment proces
India Law Library Docid # 2423291

(991) NIRAV NIMMI CORPORATION Vs. ASHISH TRADERS[GUJARAT HIGH COURT] 07-03-2025
Trade Marks Act, 1999 — Sections 2(1)(r), 28, 29, 48, 49(1)(a) and 124(5) — Copyright Act, 1957 — Section 48 — A registered trademark and copyright holder has a prima facie right to an interim injunction against infringement by an unauthorized user without a valid permitted use agreement, especially when the alleged prior user has ceased business.
India Law Library Docid # 2423297

(992) JETTI SUNEEL KUMAR REDDY, SPSR NELLORE DT. Vs. STATE OF AP.[ANDHRA PRADESH HIGH COURT] 07-03-2025
Penal Code (IPC) — Sections 363, 364, 302 and 201 — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3 (2) (v) — Appeal against the conviction and sentence — The appellate court scrutinized the evidence presented by the prosecution, particularly the testimony of the child witness, noting significant delays in recording his statement — The court expressed serious doubts about the reliability of this testimony and the potential influence of the deceased's wi
India Law Library Docid # 2423380

(993) SMT. SHAIK ASRIFOON AND OTHERS Vs. GUDDANTI VIJAYA KRISHNA AND ANOTHER[ANDHRA PRADESH HIGH COURT] 07-03-2025
Workmen’s Compensation Act, 1923 — Sections 3(1) and 30 — Penal Code, 1860 — Sections 337 and 304-A — Rejection of claim for compensation — The claim was filed by the dependents of a deceased lorry cleaner who died after an altercation following a near-accident caused by a tractor — The appellate court considered whether the death arose “out of and in the course of employment” as required by Section 3(1) — The court distinguished the facts from a previous case relied upon by the Commissioner — I
India Law Library Docid # 2423381

(994) M. SRINIVASA RAO Vs. TANGIRALA RAMANA REDDY AND OTHERS[ANDHRA PRADESH HIGH COURT] 07-03-2025
Contempt of Courts Act, 1971 — A.P. Public Distribution System (Control) Order, 2008 — Appellants found guilty of contempt of court for wilfully disobeying an earlier order in a writ petition — The writ petition had directed the restoration of the 1st respondent's fair price shop authorization and the release of essential commodities to him — The 1st respondent alleged that the appellants failed to comply with this order — The appellate court considered the arguments regarding procedural violati
India Law Library Docid # 2423382

(995) NATIONAL INSURANCE COMPANY LIMITED Vs. CHAVVA RATHNAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 07-03-2025
Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claims — Insurance Company challenged the award passed by the MACT — The primary legal contention raised by the appellant was regarding the planting of the offending vehicle due to discrepancies in the FIR and inquest report — However, the appellate court upheld the MACT's finding that the evidence of the eye-witness within the offending vehicle was credible — The Insurance Company also disputed the assessment of the deceased's income, but
India Law Library Docid # 2423383

(996) V BUTCHI BABU Vs. BORRA VEERAMALLA SAI DURGA[ANDHRA PRADESH HIGH COURT] 07-03-2025
Hindu Marriage Act, 1955 — Sections 13(1)(ia) and 19 — Petition challenged the trial court's order returning a petition for divorce for lack of jurisdiction at the stage of registration — The High Court considered Section 19, which specifies the courts to which a divorce petition can be presented — The court emphasized that the trial court erred in raising objections regarding jurisdiction and refusing to number the petition at the initial stage — Citing precedents, the High Court held that obje
India Law Library Docid # 2423384

(997) SRI BRAJENDRA DAS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 07-03-2025
Penal Code, 1860 (IPC) — Section 406 and 420 — Mere breach of promise or contract does not automatically constitute a criminal offense such as cheating or criminal breach of trust — The court emphasizes that to establish guilt for cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the promise — Similarly, a breach of trust becomes a criminal offense only when there is evidence of fraudulent misappropriation with mens rea (criminal intention),
India Law Library Docid # 2423434

(998) M/S. CINNAMARA ROLLER FLOUR MILLS Vs. ASSAM POWER DISTRIBUTION CO. LTD. AND OTHERS[GAUHATI HIGH COURT] 07-03-2025
Constitution of India, 1950 — Article 226 — Electricity Act, 2003 — Section 127 — Limited scope of the High Court's writ jurisdiction under Article 226 to interfere with the factual findings made by the Appellate Authority under Section 127 of the Electricity Act, 2003 — The court emphasizes that its jurisdiction is supervisory and not appellate — It will not re-appreciate evidence or correct mere errors of fact unless the error is manifest and apparent on the face of the proceedings, based on c
India Law Library Docid # 2423435

(999) MST. SWAPNA BEGAM Vs. MD. NURUL KHA AND OTHERS[TRIPURA HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 372 — Penal Code, 1860 (IPC) — Sections 319, 323 and 34 — Voluntarily causing hurt, the production of an injury report is not mandatory if the fact of causing bodily pain or hurt can be established through other evidence — An appeal by a victim challenging the inadequacy of a modified sentence for the offence of voluntarily causing hurt under Section 323 read with Section 34 IPC was dismissed, with the High Court upholding the appellate court's judg
India Law Library Docid # 2423471

(1000) STATE OF TRIPURA Vs. MD. GIYAS UDDIN AND OTHERS[TRIPURA HIGH COURT] 07-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 378(1)(b) and 377 — Penal Code, 1860 (IPC) — Sections 326, 324, 34, 448, 323, 150 and 151 — When sentencing for offences involving causing hurt and house-trespass, courts must consider the gravity of the offence and the impact on the victim and should not show undue leniency by imposing only fines, especially when the trial court had deemed imprisonment appropriate.
India Law Library Docid # 2423472