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(121) DIWAKAR NATH TRIPATHI Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 07-07-2025
Criminal Procedure Code, 1973 — Section 156(3) — Power of Magistrate to direct investigation — Scope and Exercise of Discretion — Magistrate has discretionary power to order police investigation into a cognizable offence disclosed in an application; this power must be exercised cautiously and with judicial mind, especially to filter out baseless or false allegations, ensuring that genuine cases
India Law Library Docid # 2427608

(122) PAMIDIKALVA MADHUSUDHAN Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 07-07-2025
Criminal Procedure — Sections 480 and 483, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Bail application — Offence under Sections 409, 420, 477A, 120B read with 34 IPC — APPSC Group-I Mains Examination irregularities – Role of private agency (Accused No.2) in manual evaluation.
India Law Library Docid # 2427609

(123) ANITA YUVRAJ NAIK Vs. STATE OF GOA AND OTHER[BOMBAY HIGH COURT (GOA BENCH)] 07-07-2025
Service Law—Promotion—Retrospective Promotion—Consideration for promotion—Fundamental Right vs. Vested Right—Delay in convening DPC—Administrative Reasons—Back wages and consequential benefits.
India Law Library Docid # 2427610

(124) SUMIT KUMAR KUNDU (MADHABI KUNDU SINCE DECEASED) AND OTHERS Vs. SUBHRA KUNDU AND OTHERS[CALCUTTA HIGH COURT] 07-07-2025
Indian Succession Act, 1925 — Sections 63, 68, 232 — Will — Grant of Letters of Administration — Holographic Will — Proof of Will — Suspicious Circumstances — Delay in Disclosure — Continuous Cause of Action — Mutation in Revenue Records — Waiver.
India Law Library Docid # 2427611

(125) MIHIJAM VANASPATI LTD AND ANOTHER Vs. SHINING VYAPAR PVT LTD AND OTHERS[CALCUTTA HIGH COURT] 07-07-2025
Civil Procedure Code, 1908 — Order 23 Rule 1(4) — Abandonment of Claim — Maintainability of Counter-claim — Where a winding-up petition was dropped by a Supreme Court order, and the Supreme Court noted an “amicable resolution” “for the time being” and directed expedition of a pending civil suit, this does not imply abandonment of the monetary claim in the civil suit or its counter-claim —The
India Law Library Docid # 2427612

(126) MUKESH KUMAR SINGH Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 07-07-2025
Chhattisgarh Land Revenue Code, 1959 — Section 125 — Disputes regarding boundaries — Jurisdiction of Revenue Authorities vs. Civil Courts — Determination of Title — Revenue authorities (Tahsildar/Additional Tahsildar) acting under Section 125 of the Code, 1959, are empowered to identify and demarcate land boundaries — However, they lack jurisdiction to decide questions of title or the validity of sale
India Law Library Docid # 2427613

(127) AMIT KHANNA Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 07-07-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c), 22, 37 — Buprenorphine — Commercial Quantity — Bail — Anticipatory Bail — Rejection — Buprenorphine is a psychotropic substance under the NDPS Act, and its possession/sale in commercial quantities without proper authorization constitutes an offence — The argument that it is also covered by the Drugs & Cosmetics Act
India Law Library Docid # 2427614

(128) VITRAG CORPORATION AND OTHERS Vs. GURMITKAUR PREMJIT BHATIA AND OTHERS[GUJARAT HIGH COURT] 07-07-2025
Civil Procedure Code, 1908 – Order 43 Rule 1 – Appeal from Order – Scope of Appellate Review – An appellate court, when exercising powers under Order XLIII Rule 1, should not disturb a discretionary injunction order passed by a trial court merely because another view is possible — Interference is warranted only if the impugned order is demonstrably erroneous, perverse, arbitrary, and/or contrary to
India Law Library Docid # 2427615

(129) CHAIN SINGH Vs. RAMESHWAR DUTT[HIMACHAL PRADESH HIGH COURT] 07-07-2025
Transfer of Property Act, 1882 — Section 62 — Usufructuary Mortgage — Right to Redeem — Limitation — A usufructuary mortgagor’s right to recover possession under Section 62 crystallizes when the mortgage money is paid out of rents and profits, or partly by payment/deposit by the mortgagor — Until such payment or deposit occurs, the limitation period for redemption does not commence under Article
India Law Library Docid # 2427616

(130) 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

(131) 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

(132) 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

(133) 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

(134) 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

(135) 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

(136) 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

(137) 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

(138) 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

(139) 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

(140) 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