(801) KARRI ROJA RAMANI Vs. JANNADA APPA RAO[ANDHRA PRADESH HIGH COURT] 10-04-2025 Civil Procedure Code, 1908 (CPC) — Section 151 & Order 39 Rule 2-A — Police Aid for Injunction Implementation vs. Consequences of Disobedience — Distinction — An application seeking police aid/protection under Section 151 CPC for the implementation of a temporary injunction order (granted under Order 39 Rules 1 & 2) is distinct in scope and purpose from an application under Order 39 Rule 2-A CPC, which deals with the consequences (like attachment or detention) for disobedience or breach of an in India Law Library Docid # 2424905
(802) GANGULA AMMAJI Vs. KUNAPAREDDI SEETHA MAHALAKSHMI DIED AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025 Civil Procedure Code, 1908 (CPC) — Section 11 — Res Judicata — Finding on Title in Suit for Permanent Injunction — Law is settled that an incidental finding on title, arrived at in a simple suit for permanent injunction based primarily on possession, will not operate as res judicata in a subsequent suit filed specifically for declaration of title, particularly if no specific issue regarding title was framed and finally decided in the earlier injunction suit. India Law Library Docid # 2424908
(803) BINOY MONDAL AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 10-04-2025 Penal Code, 1860 — Sections 306, 107 — Abetment of Suicide — Mens Rea — Proximate Act — To sustain a conviction under Section 306 IPC for abetment of suicide, the prosecution must establish beyond reasonable doubt not only harassment but also a clear mens rea (intention) on the part of the accused to instigate or aid the deceased in committing suicide — There must be proof of a positive, proximate act, omission, or creation of circumstances by the accused that directly led to the suicide, leavin India Law Library Docid # 2425166
(804) KAMAL GHORAI AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 10-04-2025 Penal Code, 1860 — Section 361 — Kidnapping from Lawful Guardianship — Minor having attained Age of Discretion — Voluntary Departure — ‘Taking’ vs. ‘Allowing to Accompany’ — Where a minor female, though below 18 years but having attained the age of discretion (around 14 years in this case), voluntarily leaves her lawful guardian’s keeping due to a pre-existing love affair and joins the accused without any active inducement, force, or allurement attributable to the accused, it does not constitute India Law Library Docid # 2425167
(805) SAI NAGESWAR SATCHIDANAND Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing Criminal Proceedings & Settlement — High Court can quash criminal proceedings, even for non-compoundable offences, based on a valid compromise/settlement, especially in cases arising from matrimonial/family disputes, to secure ends of justice or prevent abuse of process, where conviction possibility is remote India Law Library Docid # 2425332
(806) DEVESH CHANDRA DWIVEDI Vs. COMMISSIONER FAIZABAD AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-04-2025 U.P. Zamindari Abolition and Land Reforms Rules, 1952 — Rule 285-J Confirmation of Sale — An auction sale under the Rules becomes automatically confirmed after 30 days if no application to set it aside under Rule 285-H or 285-I is made or if such application is rejected; the confirmation order is final India Law Library Docid # 2425333
(807) ISHAN CHAUDHARY AND ANOTHER Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 10-04-2025 UP Revenue Code, 2006 — Section 80 Declaration vs. Partition — A declaration under Section 80(1) pertains only to the change of land use to non-agricultural purposes and does not effectuate or imply a partition of the land among co-owners India Law Library Docid # 2425334
(808) RAMESH KUMAR SRIVASTAVA AND ANOTHER Vs. STATE OF U.P THRU HOME SECY. ANNEXE BHAWAN LUCKNOW AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing Criminal Proceedings — Mala Fides — Criminal proceedings are liable to be quashed if manifestly attended with mala fides or maliciously instituted with an ulterior motive (wreaking vengeance due to private grudge), falling under guideline (7) of State of Haryana vs. Bhajan Lal India Law Library Docid # 2425330
(809) USMAN ALI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 173(8) — Further Investigation — Power to direct further investigation exists even after filing of chargesheet and commencement of trial, with the prime consideration being to arrive at the truth and do substantial justice India Law Library Docid # 2425331
(810) DEEPAK SHARMA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21, 27-A, 29 & 37 — Bail Application — Commercial Quantity — Rigors of Section 37 — Applicant is accused of offences involving commercial quantity of contraband (468.380 grams of “Chitta/Heroin”) and financing illicit traffic (Section 27-A) — Recovered contraband seized from co-accused — Applicant allegedly India Law Library Docid # 2425900
(811) DWIJESH KANT Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Prevention of Corruption Act, 1988 — Section 7 — Penal Code, 1860 — Section 201 — Quashing of FIR — Demand and acceptance of bribe by public servant — Allegations of demand and acceptance of Rs. 10,000/- bribe and further demand of Rs. 20,000/- for carrying out official work, supported by video recording — Such allegations constitute cognizable offence — Court, while exercising jurisdiction under Section 482 Cr.P.C., cannot embark upon inquiry into reliability or genuineness of allegations at pr India Law Library Docid # 2425901
(812) DHARAM SINGH AND OTHERS Vs. LEKH RAM[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Civil Procedure Code, 1908 — Suit for Permanent Prohibitory and Mandatory Injunction — Joint property — Co-ownership and Possession — Raising construction by a co-owner — Essential ingredients for injunction against co-owner are threat of exclusive appropriation, detriment to other co-owners, diminution of value or utility, and material injury or interference with accustomed user — Mere construction or improvement by one co-owner generally does not constitute ouster — Plea of joint possession co India Law Library Docid # 2425935
(813) IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. KAMLA DEVI AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal — Compensation Award — Excessive Assessment — Insurer’s contention that assessment is excessive due to consideration of gross salary without income tax deduction, incorrect multiplier application (uniform vs. split), incorrect personal expenses deduction (1/4th vs. 1/3rd or 50%), and non-adherence to Pranay Sethi judgment for conventional heads — Court’s re-assessment by deducting income tax, confirming uniform multiplier India Law Library Docid # 2425936
(814) AJEET YADAV AND OTHERS Vs. DR. HIMAKSHI SHARMA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR and consequential proceedings — Scope of High Court’s inherent powers — FIR under Section 498-A of IPC and proceedings under Protection of Women from Domestic Violence Act — Principles for quashing: allegations in complaint, even if taken at face value, do not prima facie constitute offence; clear abuse of process; allegations absurd and inherently improbable — Quashing not permissible if complaint discloses prima facie cognizable India Law Library Docid # 2425937
(815) AJEET YADAV AND OTHERS Vs. DR. HIMAKSHI SHARMA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Section 156(3) application leading to FIR — Hindu Marriage — Allegations of dowry demand, physical assault, torture, abuse, forcible intercourse and misappropriation of Istridhan’ — Wife’s complaint to Superintendent of Police leading to Section 156(3) application and subsequent FIR under Section 498-A of Penal Code — Petitioner (husband) seeking quashing of FIR and consequential proceedings — Contention that allegations are false, India Law Library Docid # 2425964
(816) STATE OF H.P. AND OTHERS Vs. M/S MICROMAX INFORMATICS LTD.[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Himachal Pradesh Value Added Tax Act, 2005 — Schedules — Goods — Articles — Commodities — Items — Taxation Rates — HP VAT Act, 2005 specifies rates for goods in appended Schedules — Correct interpretation of Schedule entries is essential for proper taxation. India Law Library Docid # 2425961
(817) UNITED INDIA INSURANCE CO. LTD. Vs. PARAM JEET KAUR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Accident — Death of vehicle occupant — Deceased occupant of front passenger seat with valid driving license — Driver possessed learner’s license — Argument that deceased should have been in a position to control vehicle rejected as driver had a learner’s license and deceased was a valid license holder seated in front. India Law Library Docid # 2425962
(818) NARESH KUMAR Vs. SANDEEP KUMAR[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Negotiable Instruments Act, 1881 — Section 138(b) — Dishonour of cheque — Notice of demand — Time period for issuance — Notice must be issued within’ 30 days of receipt of information of dishonour from the bank — Section 9 of the General Clauses Act, 1897 (excluding the first day) is applicable for calculating India Law Library Docid # 2425963
(819) JAGU HEMBRAM Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 10-04-2025 Penal Code, 1860 — Section 302 — Murder — Ocular Evidence — Credibility of Sole Eye-witness — Nature of Injuries — Mens Rea — Defence of Sudden Provocation — Relevancy of Previous Animosity — Conviction upheld based on consistent evidence of sole eye-witness (victim’s wife) regarding appellant’s intentional attack with a deadly weapon following a quarrel over landed property — Hostile witnesses’ evidence regarding the incident’s time India Law Library Docid # 2426231
(820) SANJIB TALUKDAR Vs. NATIONAL INVESTIGATION AGENCY AND ANOTHER[GAUHATI HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 — Section 439 — Bail — Unlawful Activities (Prevention) Act, 1967 — Bail in NIA cases — Prolonged incarceration — Speedy trial — Right under Article 21 of the Constitution — Accused in custody for over four years (since 27.05.2019) in a NIA case under UAPA and IPC sections relating to terrorist acts — Charge sheet filed in 2019, charge framed in 2022 — Out of 177 named prosecution witnesses, only 32 examined even by 07.04.2025 — Co-ordinate Bench in earlier bail rej India Law Library Docid # 2426232