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(101) IMROZ IDRISH SHAIKH Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Section 439 — Regular Bail — Successive Bail Application — Maintainability and Considerations — A successive bail application is maintainable but its grant depends on the existence of fresh, new, and substantial changed circumstances, not merely cosmetic changes or a review of earlier rejection — The court must consider reasons for earlier rejection and new grounds warranting fresh evaluation — Delay in trial and period of incarceration alone, without other
India Law Library Docid # 2427709

(102) MADHAV PRIYA SWAMI @ M.P. SWAMI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 09-07-2025
Criminal Procedure — Anticipatory Bail — Section 438 Cr.P.C. (now Section 482 BNSS, 2023) — Economic Offence — Principles for granting or refusing anticipatory bail — Factors to consider include nature and gravity of accusation, role of accused, antecedents, possibility of fleeing or repeating offences, impact on society, and need for custodial interrogation — Economic offences, especially those involving large sums and affecting the economy, are viewed seriously and ordinarily do not warrant
India Law Library Docid # 2427710

(103) STATE OF HIMACHAL PRADESH Vs. SUKHAN DEVI (DECEASED) THROUGH LRS[HIMACHAL PRADESH HIGH COURT] 09-07-2025
Adverse Possession — Inheritability and Tacking — General Principles — Essential elements for adverse possession are continuous, open, and hostile possession against the true owner’s knowledge (nec vi, nec clam, nec precario) — Such possession, when matured, confers a perfected right — Adverse possession is inheritable, and periods of adverse possession by successive persons can be “tacked”
India Law Library Docid # 2427711

(104) DALEEP SINGH Vs. PNB AND ANDOTHER[HIMACHAL PRADESH HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Section 397 (Revisional Jurisdiction) — Scope of Interference — Concurrent Findings of Fact — Revisional court is not an appellate court; its scope of interference is narrow, limited to rectifying patent defects, errors of jurisdiction, or law — It should not re-appreciate evidence or disturb concurrent factual findings unless there is perversity, gross error, or a wholly unreasonable view — The revisional court should not delve at length into facts and evidence t
India Law Library Docid # 2427712

(105) MUHAMMAD NAEEM Vs. STATE OF UTTAR PRADESH AND OTHERS[ALLAHABAD HIGH COURT] 09-07-2025
Rights of Persons with Disabilities Act, 2016 — Sections 2(i), 2(r), 2(s), 20, 21, 33 — Employment — Duty to provide light duties for employees with disability — An employer, Government or private “establishment,” is legally obligated to provide reasonable accommodation and a conducive environment to employees with disabilities; this includes identifying and allocating “light duties” commensurate with
India Law Library Docid # 2427698

(106) POLU NASARAMMA Vs. ATLA NASARAMMA AND OTHER[ANDHRA PRADESH HIGH COURT] 09-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — An appeal under Section 100 CPC can only be admitted if there is a substantial question of law. A substantial question of law affects the rights of parties and is either not settled by superior courts, or is difficult, or presents alternative views. It also arises if a decision ignores or contradicts settled legal principles. Mere
India Law Library Docid # 2427699

(107) SHAIK ALLABAKSHU Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-07-2025
Consumer Protection Act, 1986 — Section 27 — Execution of orders — Imprisonment for non-compliance — Power of District Consumer Disputes Redressal Commission — The Act provides for levy of fine or imprisonment for failure to comply with an order of the Commission. However, such power requires a clear finding of non-compliance after due inquiry and procedural safeguards. Casual and indefinite detention without such findings is illegal.
India Law Library Docid # 2427700

(108) YEDDULA BUSI REDDY AND OTHERS Vs. R IMMANUEL AND OTHERS[ANDHRA PRADESH HIGH COURT] 08-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — An appeal under Section 100 CPC can only be admitted if the High Court is satisfied that a substantial question of law arises. A substantial question of law affects the rights of parties and is either open, not finally settled by superior courts, not free from difficulty, or warrants discussion of alternative views. The High Court cannot investigate grounds of findings by the first appellate court when two
India Law Library Docid # 2427625

(109) PULARI VENKAT RAO AND OTHERS Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 08-07-2025
Constitution of India, 1950 — Articles 14, 16, 21, 226 — Transfer of Government Servants — Judicial Review — Scope — Transfers are an ordinary incident of service — Judicial interference is limited to cases involving mala fides, violation of statutory provisions, or transfers being detrimental to an employee holding a transferable post — Unless these specific grounds are established, courts generally do not interfere
India Law Library Docid # 2427626

(110) NAGANI AKRAM MOHAMMAD SHAFI AND OTHERS Vs. THE UNION OF INDIA, THROUGH ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, MUMBAI, MUMBAI ZONAL OFFICE, ZONE-II, MUMBAI[BOMBAY HIGH COURT] 08-07-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Enforcement Directorate — Scheduled Offences — Repeal and Re-enactment of Indian Penal Code, 1860 (IPC) by Bharatiya Nyaya Sanhita, 2023 (BNS) — The PMLA’s Schedule, which previously listed IPC offences as “scheduled offences” (predicate offences), is not rendered ineffective or otiose by the replacement of the IPC with the BNS. The references to IPC offences in the PMLA Schedule are considered dynamic and should
India Law Library Docid # 2427627

(111) DATTATRAY LAXMAN DESAI AND OTHER Vs. DEPUTY COLLECTOR AND COMPETENT AUTHORITY, KOLHAPUR URBAN AGGLOMERATION, KOLHAPUR.[BOMBAY HIGH COURT] 08-07-2025
Urban Land (Ceiling and Regulation) Act, 1976 — Sections 20, 21 — Exemption and Scheme Sanction — Allotment of tenements to Government Nominees — Prospective Application of Shantistar Builders Judgment — The Supreme Court’s decision in M/s. Shantistar Builders (Supra), which modified guidelines regarding the percentage of tenements to be handed over to the government (reducing it to 5% from
India Law Library Docid # 2427628

(112) MUSTKEEN @ MOTA Vs. THE STATE GOVT.OF NCT OF DELHI[DELHI HIGH COURT] 08-07-2025
Penal Code, 1860 — Section 302 — Murder — Active Participation/Facilitation of Offence — Role of Accused — Even if the accused did not inflict the fatal blows, actively restraining the deceased while the co-accused stabbed him constitutes active participation and facilitation in the commission of the offence — This role is considered significant and not merely peripheral or passive, as it prevented the victim
India Law Library Docid # 2427629

(113) JITENDRA @ JIGO @ JIGNESHBHAI BHAILALBHAI PARMAR Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 08-07-2025
Penal Code, 1860 — Section 302 (Murder), Section 397 (Robbery, or Dacoity, with Attempt to Cause Death or Grievous Hurt), Section 201 (Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender) — Conviction and Sentence — Appellant convicted and sentenced to life imprisonment under Section 302, and seven years rigorous imprisonment for Sections 397 and 201.
India Law Library Docid # 2427630

(114) DALIP SINGH AND ANOTHER Vs. KHATRI RAM AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-07-2025
Civil Procedure Code, 1908 — Order XXVI Rule 9 and Section 151 — Appointment of Local Commissioner — Suit for damages due to alleged damage to house — Application for appointment of Local Commissioner at appellate stage for expert inspection and report on building condition, location, age, and materials — Such appointment is permissible even at a belated stage, especially in cases where permanent damage is alleged, to assist the Court in reaching a just conclusion and
India Law Library Docid # 2427631

(115) SHIRGUL FILLING STATION Vs. KAMAL SHARMA[HIMACHAL PRADESH HIGH COURT] 08-07-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Complaint by Proprietorship Concern — Locus Standi of Complainant — A complaint under Section 138 NI Act must be filed by the ‘payee’ or ‘holder in due course’. In the case of a proprietorship concern, where the complaint is filed by an individual claiming to be the proprietor, it is essential to prove documented ownership of the proprietorship concern. A mere statement or affidavit without documentary
India Law Library Docid # 2427632

(116) VENUGOPAL KRISHNAMURTHY AND OTHERS Vs. SMT. M. TEJASWINI AND OTHERS[KARNATAKA HIGH COURT] 08-07-2025
Civil Procedure Code, 1908 — Order 6 Rule 16 — Striking out pleadings — Order 39 Rule 10 — Deposit of rent — Section 151 — Inherent powers of the Court — Breach of Court Orders — Non-payment of rent — Where a tenant repeatedly and wilfully defies court orders to deposit arrears of rent, despite opportunities and appeals, the court has the power to strike off their defence.
India Law Library Docid # 2427633

(117) REENA N Vs. STATE OF KERALA[KERALA HIGH COURT] 08-07-2025
Prevention of Corruption Act, 1988 — Section 17A — Requirement of prior approval for inquiry/investigation against public servant — Scope of ‘on the spot’ arrest exception (first proviso) — Where a public servant (Sub Registrar A2) is alleged to have conspired with another (Peon A1) to demand and accept a bribe, and the bribe money is accepted by A1 after a signal from A2, and both are arrested from the office (spot of occurrence), the exception under the first proviso to Section 17A
India Law Library Docid # 2427634

(118) M/S MAN INDUSTRIES (INDIA) LTD. Vs. INDUSTRIES COMMISSIONER, COMM. AND IND.DEP AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-07-2025
Madhya Pradesh Goods and Service Tax Act, 2017 (MPGST Act) — Sections 6 & 7 — Exemption from tax — Notification No. A-3(1)-95-ST-V (43) dated 06.06.1995 — Non-Resident Dealer (NRI Unit) — Eligibility — Conditions for exemption for a “new industrial unit” — Requirement of fresh NRI investment — Where an existing “Saw Pipe Division” of a company was granted Non-Resident Dealer (NRI Unit) status based on NRI investment meeting the 26% equity criteria, and subsequently, a
India Law Library Docid # 2427635

(119) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. NIRMAL KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-07-2025
National Highways Act, 1956 — Section 3G(2) — National Highways Act, 1956 — Section 3G(1) — Compensation for acquisition of land and easementary rights — Entitlement of landowners to enhanced easement amount — Where initial award of compensation by the Competent Authority for Land Acquisition (CALA) included easement amount under Section 3G(2) and was never challenged by the acquiring authority (NHAI), and subsequently the compensation for the acquired land was
India Law Library Docid # 2427636

(120) THE SUPERINTENDENT OF POLICE, JAIPUR CITY Vs. JAI LAL BAIRWA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 08-07-2025
Service Law — Probation — Termination during probation — Concealment of material facts (criminal case pendency) — Natural Justice — Article 311(2) of Constitution of India, 1950 — Where the stated reason for termination of a probationer is unsatisfactory performance, but the actual reason, as admitted in written statement, is concealment of material facts (criminal case pendency) at the time of appointment, such termination becomes punitive and stigmatic — In such
India Law Library Docid # 2427637