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(81) IQBAL SINGH Vs. PANKAJ SHARMA[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 09-07-2025
Criminal Procedure Code, 1973 — Section 41 — Arrest without warrant; Section 41A — Notice of appearance before police officer — The Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014) regarding police arrest powers, especially in cases with punishment less than seven years, are mandatory. Police officers are prohibited from making automatic arrests and must satisfy themselves about the necessity for arrest based on Section 41 Cr.P.C. parameters. A checklist specifying sub-clauses
India Law Library Docid # 2427713

(82) SAHIL ZAHOOR CHUNKA Vs. UT OF J&K, THROUGH PRINCIPAL SECRETARY TO GOVT. (HOME) AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 09-07-2025
Public Safety Act, 1978 (PSA) — Section 8(4) — Preventive Detention — Order of Detention — Validity — Grounds for Detention — Application of Mind — Live Link — The court quashed a detention order under the PSA, finding a lack of “live link” or proximity between the detenu’s last alleged prejudicial act (a 2021 FIR) and the detention order issued over three years later in 2024. The court emphasized that while no rigid timeframe exists, an unexplained and undue delay between the alleged activities
India Law Library Docid # 2427714

(83) STATE OF KERALA Vs. THOMAS MATHEW G.[KERALA HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Sections 397, 401 — Revision — Discharge of accused — Prevention of Corruption Act, 1988 — Sections 13(1)(c), 13(1)(d), 13(2) — Indian Penal Code, 1860 — Sections 409, 420, 468 read with 34 — Public servant — Alleged conspiracy, forgery, and misappropriation of government funds for a scheme — Special Court discharged 2nd accused on grounds of lack of sanction
India Law Library Docid # 2427715

(84) RAJ LAKSHMI MISHRA AND OTHERS Vs. THE STATE OF BIHAR AND OTHER[PATNA HIGH COURT] 09-07-2025
Domestic Violence Act, 2005 — Section 12 — Quashing of Proceedings — Abuse of Process of Law — The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash proceedings under Section 12 of the D.V. Act if they constitute a gross misuse of legal provisions or an abuse of the process of law. This is particularly relevant when the dispute is primarily civil in nature (related to property or insurance claims) and not genuinely a case of domestic violence as defined by the Act.
India Law Library Docid # 2427716

(85) PRIYANKA PRIYADARSHI Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Dowry demand and matrimonial cruelty — Indian Penal Code, 1860 — Sections 498-A, 420, 406, 379 read with Section 34 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Allegations against husband’s relatives — General and omnibus allegations — Abuse of process of law — When allegations against husband’s relatives (sister-in-law, maternal uncle, maternal aunt) are general or vague, with
India Law Library Docid # 2427717

(86) NITIN RAMESH GARJE Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 09-07-2025
Prevention of Corruption Act, 1988 — Sections 7(a), 12, 13(1), 13(2) — Anticipatory Bail — Rejection — Grounds for — Applicant, an Additional Tehsildar, sought pre-arrest bail for alleged corruption offenses. Allegations include demand and acceptance of bribes through agents (private persons) for official work (mutation entries). Evidence presented: a successful trap operation, CCTV footage showing the Applicant receiving cash from agents, and previous similar cases/inquiries (including
India Law Library Docid # 2427701

(87) M/S. BASSEIN METALS PVT. LTD. Vs. THE NATIONAL SMALL INDUSTRIES CORPN. LTD.[BOMBAY HIGH COURT] 09-07-2025
Companies Act, 1956 — Section 433(e) — Winding Up — Inability to Pay Debts — Principles for Winding Up — A company may be wound up if it is unable to pay its debts — The court will not act on a defense that the company has the ability to pay a debt but chooses not to pay it if the debt is undisputed — If the exact amount of an undisputed debt is in question, the court may still order winding up without precise quantification — A winding-up order is appropriate if the company’s defense is not in
India Law Library Docid # 2427702

(88) M/S. POONAWALLA ESTATE STUD & AGRICULTURAL FARM Vs. COMMISSIONER OF INCOME TAX[BOMBAY HIGH COURT] 09-07-2025
Income Tax Act, 1961 — Section 41(1) — Profitable Chargeable to Tax — Mutual Exclusivity of Income Heads — Receipts from Insurance Claims — Capital Assets — Horses — Where horses were treated by the Revenue as capital assets, insurance claims received on their death cannot be taxed as ‘profits’ under Section 41(1) of the Income Tax Act, 1961. The heads of income under the Act are mutually exclusive, and income falling under one specific head cannot be shifted to another head merely
India Law Library Docid # 2427703

(89) STATE OF WEST BENGAL AND OTHERS Vs. EASTERN PAPER MILLS LIMITED AND OTHERS[CALCUTTA HIGH COURT] 09-07-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Maintainability — Specific Performance of Contract — Delay and Laches — While the Limitation Act, 1963, in its entirety, does not strictly apply to writ petitions, delay and laches are crucial considerations for their maintainability and entertainability. Courts are reluctant to entertain writ petitions where the claim is otherwise time-barred.
India Law Library Docid # 2427704

(90) RATAN KUMAR DAS @ RATAN DAS AND OTHERS Vs. THE STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR/Proceedings — Indian Penal Code, 1860 — Section 498A (Cruelty by Husband or Relatives of Husband) — General and Vague Allegations — Absence of Specific Role — Allegations of cruelty against in-laws found to be general, omnibus, and lacking specific details regarding the mode, manner, date, or time of physical or mental
India Law Library Docid # 2427705

(91) MARIAM BIBI AND OTHERS Vs. ASGARI KHATOON AND OTHERS[CALCUTTA HIGH COURT] 09-07-2025
Tenancy Law – Declaration of Tenancy Rights – Exclusive Tenancy Claim – Burden of Proof – Plaintiffs’ claim of exclusive tenancy through their predecessor, Noor Mohammed, was not established – Evidence, including rent receipts initially in joint names and later admissions by Noor Mohammed, indicated joint tenancy from inception, devolving to heirs of original co-tenants, Kopline and Maqbool – Plaintiffs
India Law Library Docid # 2427706

(92) M/S SITA RAM IRON FOUNDRY AND ENGINEERING WORKS Vs. HINDUSTAN TECHNOCAST (P) LTD. AND ANR.[DELHI HIGH COURT] 09-07-2025
Trade Marks Act, 1999 — Sections 47, 57, 124, 125 — Rectification/Cancellation of Trademark — Allegations of fraud and fabrication — Requirement of proof — Petition for cancellation of “BADAL” trademark based on alleged fraudulent assignment deeds — Court emphasizes that allegations of fraud are serious and require a high degree of proof, akin to “beyond reasonable doubt” — Mere averments without sufficient evidence are inadequate — Plaintiff must prove their case
India Law Library Docid # 2427707

(93) ANKIT KAPOOR Vs. MANYA VIJH[DELHI HIGH COURT] 09-07-2025
Hindu Marriage Act, 1955 — Section 24 — Interim Maintenance — Assessment of Income — Courts are not solely bound by Income Tax Returns (ITRs) when other material indicates a higher income or deliberate concealment — Financial capacity, lavish lifestyle (foreign travel, expensive cars), significant bank credits (even if claimed as reversed loans), and involvement in family businesses of the husband can
India Law Library Docid # 2427708

(94) 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

(95) 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

(96) 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

(97) 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

(98) 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

(99) 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

(100) 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