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Latest Cases

(861) STATE OF RAJASTHAN Vs. MOTILAL[RAJASTHAN HIGH COURT] 24-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 374 & 378 — Appeal against acquittal — Scope of interference limited — Appellate court can reverse acquittal only if trial court's view is legally implausible, perverse, or based on error of fact/law — If two views are possible, one favouring accused prevails.
India Law Library Docid # 2433979

(862) STATE OF HIMACHAL PRADESH Vs. ANTIMA RANI[HIMACHAL PRADESH HIGH COURT] 24-09-2025
Penal Code, 1860 (IPC) — Sections 302, 201, 379, 34 — Appeal against acquittal — Circumstantial evidence — Prosecution failed to establish circumstantial evidence beyond reasonable doubt — Trial court justified in acquitting the accused — Appeal dismissed.
India Law Library Docid # 2434018

(863) AZHAR HUSSAIN BHAT Vs. MOHAMMAD SHAFI NARCHOOR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 24-09-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — Alternative Remedy — Appeal — High Court should generally direct parties to avail alternative remedies under Code of Civil Procedure before invoking supervisory jurisdiction, especially when an appeal is specifically provided.
India Law Library Docid # 2434071

(864) GULZAR AHMAD DAR Vs. JAMMU AND KASHMIR BANK LTD.[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 24-09-2025
Constitution of India, 1950 — Article 226 — Extraordinary, equitable, and discretionary writ jurisdiction — Petitioner's duty to approach court with clean hands — Concealment, suppression, or misrepresentation of material facts amounts to fraud on the court and abuse of process, leading to dismissal of petition and potential refusal to consider merits.
India Law Library Docid # 2434072

(865) HARBANS LAL SHARMA Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 24-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 145 — Procedure where dispute concerning land, etc. is likely to cause breach of peace — Initial order — Requirements — Magistrate must be satisfied that a dispute likely to cause breach of peace exists concerning land within his jurisdiction — Such satisfaction must be recorded in writing with reasons — Preliminary order dated 23.01.2018 found to have
India Law Library Docid # 2434114

(866) SMT. DAYAVANTI PREMCHAND AND ANOTHER Vs. GUJARAT ELECTRICITY BOARD AND OTHERS[GUJARAT HIGH COURT] 24-09-2025
Civil Procedure Code, 1908 (CPC) — Order 5, Rules 11, 12, 15 — Service of Summons — Mandatory service on each defendant individually — Service on adult family member allowed only if defendant is absent from residence, no likelihood of finding them within reasonable time, and no agent is authorized to accept service — Trial court failed to consider if these conditions were met when summons was served on
India Law Library Docid # 2434171

(867) PATHAN AIYUBKHAN ISHHAKHAN AND OTHERS Vs. PATEL PARSOTTAMBHAI JOITARAM AND OTHERS[GUJARAT HIGH COURT] 24-09-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Pleadings — Pre-trial amendment — Liberal approach — Amendments filed before trial should generally be granted unless they change the nature of the suit, are barred by law, or are vexatious — Trial court's rejection of amendment prayer was erroneous as it did not adequately explain how the amendment would change the suit's nature or was barred by
India Law Library Docid # 2434172

(868) STATE OF GUJARAT Vs. SHAMBHUBHAI NANUBHAI VAGHELA[GUJARAT HIGH COURT] 24-09-2025
Indian Evidence Act, 1872 — Section 25 — Confession to police officer — First Information Report (FIR) lodged by accused containing a confession to the police is inadmissible as evidence — Supreme Court judgments in Aghnoo Nagesia and Narayan Yadav establish that a confessional FIR cannot be used against the accused. (Para
India Law Library Docid # 2434173

(869) STATE OF GUJARAT Vs. DAHYABHAI BHULABHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 24-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378, 379, 401, 402 — Appeal against acquittal — Scope of Appellate Court's power — Appellate Court has full power to review, re-appreciate and reconsider evidence — However, Appellate Court must be slow to interfere with acquittal if trial court's view is reasonable and plausible and
India Law Library Docid # 2434174

(870) STATE OF GUJARAT Vs. ISMAIL AHMEDBHAI LULA (VORA PATEL)[GUJARAT HIGH COURT] 24-09-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c), 20(b) — Appeal against acquittal — Appellate Court's power to review evidence is extensive, but interference with acquittal requires manifest illegality or perversity — Case involved seizure of cannabis — Trial court acquitted accused — State appealed, arguing misappreciation of evidence — Appellate court reiterated principles for appeals against
India Law Library Docid # 2434175

(871) SARDAR SAROVAR NARMADA NIGAM LTD AND OTHERS Vs. NATIONAL BUILDERS AND ANOTHER[GUJARAT HIGH COURT] 24-09-2025
Civil Procedure — Appeal against a decree of the Civil Court concerning contractual claims — The appeal was filed by the defendants against a judgment and order that partly allowed the contractor's suit for recovery of substantial amount with interest. The appellate court reviewed several claims made by the contractor, including those related to increased quantities, under-payment, recovery of bricks, water charges, electrical charges,
India Law Library Docid # 2434176

(872) SH INDERJEET SINGH Vs. SMT KAUSHALYA DEVI AND OTHERS[DELHI HIGH COURT] 24-09-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Suit for recovery of damages for illegal eviction — Appellant filed suit for recovery of damages after losing eviction proceedings up to Supreme Court and failing to vacate property voluntarily — Lower court rightly rejected plaint for lack of cause of action, being barred by limitation, and constituting abuse of process of law. (Para
India Law Library Docid # 2434225

(873) RAJNISH Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 24-09-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 415(2) and Section 528 — Appeal against conviction and sentence — High Court can hear appeals against judgments of conviction and orders on sentence.
India Law Library Docid # 2434226

(874) KRIPA NATH MISHRA AND OTHERS Vs. STATE (NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 24-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR and proceedings — Abuse of process of law — Allegations of dowry harassment and retention of stridhan against husband and in-laws — Court can exercise inherent jurisdiction to quash proceedings if they are manifestly frivolous, vexatious, initiated with ulterior motive, or if allegations are absurd and inherently improbable —
India Law Library Docid # 2434227

(875) SUDHAKAR PARSHURAM GHARE ALIAS SUDHAKARBHAU GHARE Vs. MAHENDRA SADASHIV THORVE AND OTHERS[BOMBAY HIGH COURT] 24-09-2025
Representation of the People Act, 1951 — Section 83(1)(b) and Order VII Rule 11 of Civil Procedure Code, 1908 (CPC) — Contents of Election Petition — Full particulars of corrupt practice — Allegation of distribution of sarees — Election Petition lacked essential details such as the names of the distributors, their relationship with the returned candidate, or proof of consent, rendering it deficient in
India Law Library Docid # 2434492

(876) STATE OF ANDHRA PRADESH Vs. M/S. STYPACK (P) LIMITED[TELANGANA HIGH COURT] 24-09-2025
Andhra Pradesh General Sales Tax Act, 1957 — Section 9 — Exemption — Scope of G.O.Ms.No.574 dated 09.06.1987 — Held to be a general exemption for inter-state sales, not conditional.
India Law Library Docid # 2434569

(877) MR. DAYYALA PRABHAKAR Vs. MRS. AGGETI KAMALAMMA AND OTHERS[TELANGANA HIGH COURT] 24-09-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(a) and (d) — Rejection of plaint — Duty of court to consider plaint at threshold without delving into merits — Power to reject plaint under Order 7 Rule 11 is drastic and must be exercised with caution — Rejection is permissible if defect is patent, incurable, and discernible from plaint itself without requiring inquiry into disputed facts — Trial court cannot go into merits of case,
India Law Library Docid # 2434570

(878) LATEEF MOHAMMED KHAN Vs. STATE OF TELANGANA[TELANGANA HIGH COURT] 24-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 197 — Sanction for prosecution — Public servants — Acts done in discharge of official duty — The requirement of sanction under Section 197 Cr.P.C. is mandatory for prosecuting public servants for acts done or purported to be done in discharge of official duty or in excess thereof, provided there is a reasonable connection between the act and the duty. Absence of such sanction vitiates the
India Law Library Docid # 2434571

(879) GHYAMSHYAM ATWAL Vs. STATE BANK OF INDIA AND OTHERS[UTTARAKHAND HIGH COURT] 24-09-2025
Contract Act, 1872 — Section 72 — Liability for money paid or thing delivered by mistake or under coercion — Bank has the right to recover excess amount paid to an employee due to erroneous pay fixation, provided the employee is responsible for the excess payment, e.g., through fraud or deceitful means, or has given an undertaking for refund.
India Law Library Docid # 2434667

(880) ADHARU AND OTHERS Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 24-09-2025
Penal Code, 1860 (IPC) — Section 304B and 498A — Dowry Death and Cruelty — Essential ingredients of Section 304B IPC are unnatural death within seven years of marriage, and soon before death, subject to cruelty or harassment by husband or his relative in connection with dowry demand — Prosecution failed to prove any specific allegation of cruelty or harassment in connection with dowry demand — Statements
India Law Library Docid # 2434668