(141) TUSHAR HIMATLAL JANI Vs. JASBIR SINGH VIJAN AND OTHERS[SUPREME COURT OF INDIA] 13-05-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Interim Injunction — Prerequisites — Grant of interim injunction based on existence of prima facie case, balance of convenience, and irreparable injury — These three conditions must be cumulatively fulfilled for grant of injunction. India Law Library Docid # 2425651
(142) HANUMANTHARAJU B (DEAD) BY LR. Vs. M AKRAM PASHA AND ANOTHER[SUPREME COURT OF INDIA] 13-05-2025 Motor Vehicles Act, 1988 — Compensation — Personal injury — Computation of loss of earning — Deduction of pensionary benefits — Pension receivable on discharge from service is a statutory right independent of the accident and cannot be deducted from salary when calculating loss of earning capacity. India Law Library Docid # 2425705
(143) SUBHASH CHAND AND OTHERS Vs. BHUPINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Suo motu power of Court — Application by defendant not mandatory — Presence of all defendants or even one defendant not necessary — Court’s inherent power to reject plaint at threshold if barred by law, based solely on plaint averments and annexed documents — Absence of proforma defendant inconsequential for Order 7 Rule 11 determination — Rejection of plaint where suit appears India Law Library Docid # 2425874
(144) MADAN KISHORE AND OTHERS Vs. COL. SUDHIR SEWAL (DECEASED) THROUGH LRS.[HIMACHAL PRADESH HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Assailing order of Executing Court dismissing objections — Permissibility — Objectors re-agitating issues already settled up to Supreme Court — Not permissible — Petitions dismissed. India Law Library Docid # 2425875
(145) P.V. MIDHUN REDDY @ PEDDIREDDI VENKATA MIDHUN REDDY Vs. THE STATE OF ANDHRA PRADESH[SUPREME COURT OF INDIA] 13-05-2025 Criminal Procedure Code, 1973 — Section 164 — Statement recorded under Section 164 — Use of such statements in seeking anticipatory bail. India Law Library Docid # 2425915
(146) JAYESH U AND ANOTHER Vs. ROSHNI AND ANOTHER[SUPREME COURT OF INDIA] 13-05-2025 Matrimonial Law — Divorce — Mutual Consent — Settlement between parties — Parties entering into settlement during pendency of appeal before Supreme Court — Settlement including terms for dissolution of marriage by mutual consent, financial settlement (payment of money and transfer of property), and withdrawal/quashing of pending cases — Supreme Court, exercising power under Article 142 of the Constitution of India, taking settlement on record and dissolving marriage by mutual consent under Secti India Law Library Docid # 2425932
(147) STATE OF GUJARAT Vs. HARISHBHAI KANJIBHAI SATVARA[GUJARAT HIGH COURT] 13-05-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Scope of Appellate Interference — Re-appreciation of evidence — Principles reiterated: Appellate court has full power to review, re-appreciate, and reconsider evidence, without limitations under CrPC; can reach its own conclusions on fact and law; expressions like “substantial and compelling reasons” are linguistic flourishes, not curtailing power; India Law Library Docid # 2426051
(148) ON THE DEATH OF BHUBAN MOHAN DAS, HIS LEGAL HEIRS SMT. LAKSHMI PRABHA DAS AND OTHERS Vs. ON THE DEATH OF LATE SAMARESH BANERJEE HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Formulation of substantial questions of law is determined by ascertaining foundational facts from pleadings, issues framed, and court findings — Insufficient foundational facts preclude a substantial question of law India Law Library Docid # 2426133
(149) SMTI. SANTI DEVI AND OTHERS Vs. ON THE DEATH OF WALLUS SAHID HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent findings of fact by Trial Court and First Appellate Court — Perversity — Second appellate court exercising jurisdiction under Section 100 CPC should not disturb concurrent findings of fact unless found to be perverse — Decision is perverse if arrived at by ignoring or excluding relevant material, taking irrelevant material, or if findings outrageously defy logic or are based on no evidence or th India Law Library Docid # 2426134
(150) DHARAM CHAND Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-05-2025 Criminal Procedure Code, 1973 — Section 173(8) — Further investigation after submitting report/taking cognizance — Power of Magistrate — Magistrate can suo motu direct police to conduct further investigation even after taking cognizance of a report under Section 173(2) — Rationale rooted in ensuring proper and fair investigation and serving the ends of justice under Article 21 of the Constitution — Overruling previous contrary judgments India Law Library Docid # 2425868
(151) PARITALA SUDHAKAR Vs. STATE OF TELANGANA[SUPREME COURT OF INDIA] 09-05-2025 Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) r/w S. 13(2) — Illegal gratification — Demand and Acceptance — Proof beyond reasonable doubt — Where prosecution case regarding demand and acceptance of bribe by public servant (Revenue Inspector) suffered from material contradictions and inconsistencies in evidence of complainant (PW1) and other prosecution witnesses (PW7) concerning the circumstances of placing and recovering alleged bribe money, particularly whether it was done in pres India Law Library Docid # 2425579
(152) C.T. KOCHOUSEPH Vs. STATE OF KERALA AND ANOTHER ETC.[SUPREME COURT OF INDIA] 09-05-2025 Sales Tax — Kerala General Sales Tax Act, 1963 (Kerala Act) — Section 5A — Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act) — Section 7A — Purchase Tax — Liability of assessee purchasing goods from dealers exempt from sales tax — Where goods are purchased from dealers who are exempt from payment of sales tax by virtue of notifications or exemptions under the Kerala Act or Tamil Nadu Act, such a purchase is considered a purchase of “goods, the sale or purchase of which is liable to tax” wi India Law Library Docid # 2425580
(153) RENUKA PRASAD Vs. THE STATE REPRESENTED BY ASSISTANT SUPERINTENDENT OF POLICE[SUPREME COURT OF INDIA] 09-05-2025 Criminal Procedure Code, 1973 — Section 161 & S. 162 — Evidence Act, 1872 — Section 25, S. 26, 27 & 30 — Murder Trial — Hostile Witnesses — Reliance on IO's testimony regarding S. 161 statements and accused's voluntary statements — Admissibility — Where almost all material witnesses, including eyewitnesses, turned hostile and did not support prosecution case regarding motive, conspiracy, preparation or the crime itself, the High Court erred in reversing acquittal by relying on testimony of Inves India Law Library Docid # 2425581
(154) WIKIMEDIA FOUNDATION INC. Vs. ANI MEDIA PRIVATE LIMITED AND OTHERS[SUPREME COURT OF INDIA] 09-05-2025 Constitution of India — Arts. 19(1)(a), 19(2) & 21 — Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court — High Court’s direction to intermediary (Wikimedia) to take down/delete webpages containing comments on a pending suit and court observations, on prima facie view of interference with court proceedings, violation of subjudice principle and bordering on contempt, set aside — Such a direction, being a form of prior restraint, must satisfy twin tests of nec India Law Library Docid # 2425582
(155) BHUPENDRA KUMAR DHANKAR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 09-05-2025 Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 — Rule 9 — Discipline and Control — Disciplinary Authority for Major Punishment — Regularized Shiksha Karmi — Termination of services — Major punishment — Rule 9 mandates that the General Administration Standing Committee of the Janpad Panchayat is the disciplinary authority for awarding major punishment to regular employees — Chief Executive Officer lacks jurisdiction to impose major punishment of terminat India Law Library Docid # 2425681
(156) MANOJ KUMAR SONI Vs. DIRECTORATE OF ENFORCEMENT[CHHATTISGARH HIGH COURT] 09-05-2025 Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Scope and application — Constitutional mandate of Article 21 — Right to speedy trial — Long incarceration — Section 45 imposes additional conditions for bail but does not create an absolute prohibition — Detention without reasonable prospect of timely trial infringes Article 21 — Applicability of twin conditions must yield to constitutional right to liberty and speedy trial in cases of long incarceration not attri India Law Library Docid # 2425682
(157) TIRTHRAJ AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025 Criminal Procedure Code, 1973 — Charge — Framing of — Quashing of consequential charge-sheet — Applicant (Sub-Divisional Officer/Land Acquisition Officer) facing charges under various IPC sections including cheating and forgery read with conspiracy and criminal intimidation — Impugned order framing charges against applicant challenged — FIR and witness statements initially not naming applicant — Applicant’s name appearing in charge-sheet and prosecution sanction order alleging conspiracy and use India Law Library Docid # 2425683
(158) STEEL AUTHORITY OF INDIA LIMITED (BHILAI STEEL PLANT) MAHAMAYA DULKI IRON AND MINES AND OTHERS Vs. THE REGIONAL OFFICER CHHATTISGARH ENVIRONMENT CONSERVATION BOARD[CHHATTISGARH HIGH COURT] 09-05-2025 Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Quashing of criminal proceedings — Abuse of process of law — Exercise of inherent powers proper where allegations in FIR/complaint, even if taken at face value, do not prima facie constitute any offence or where uncontroverted allegations/supportive evidence do not disclose commission of offence — Magistrate’s order summoning accused must reflect application of mind to facts and law, and examine nature of allegations and evidence fo India Law Library Docid # 2425684
(159) MANOJ KUMAR SONI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025 Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Regular Bail Application — Police Station ABC/EOW, Raipur KNo 01/2024 — Offences under Sections 409, 120-B IPC read with Sections 11, 13(1)(a), and 13(2) of the Prevention of Corruption Act, 1988 — Long incarceration and delay in commencement of trial — Speedy trial as a facet of fundamental right to life under Article 21 of the Constitution of India — Gravity of crime not an inviolable bar to bail in case of speedy trial violation — Section India Law Library Docid # 2425685
(160) K. MANGAYARKARASI AND ANOTHER Vs. N.J. SUNDARESAN AND ANOTHER[SUPREME COURT OF INDIA] 09-05-2025 Arbitration and Conciliation Act, 1996 — Section 8 and 16 — Reference to arbitration — Subject-matter of arbitration agreement — Power to rule on own jurisdiction — Civil Court's jurisdiction — Existence and validity of arbitration agreement — When a suit is filed and defendant applies under Section 8, the court must see if its jurisdiction is ousted by the special statute (Arbitration Act) — The arbitral tribunal has power under Section 16 to rule on its own jurisdiction, including objections t India Law Library Docid # 2425706