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(921) SUNA RAM UIKEY Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 302 — Murder — Throttling — Death due to respiratory failure from asphyxia caused by throttling, homicidal nature of death proved by medical evidence (postmortem report indicating extravasation under neck bruise and fractured hyoid bone).
India Law Library Docid # 2425671

(922) DOMAR SINGH VERMA Vs. RAJARAM BAGHEL AND ANOTHER[CHHATTISGARH HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 and 2 — Temporary injunction — Suit for Specific Performance of Contract — Essential ingredients for grant of temporary injunction are prima-facie case, strong likelihood of success, and a valid and enforceable contract — Burden on plaintiff to establish defendant’s obligation and validity of contract — Temporary injunction cannot be granted where facts are disputed by the defendant, creating doubts as to the existence of a concluded contract — Delay
India Law Library Docid # 2425672

(923) TSEWANG RIGZIN Vs. LADAKH AMCHI SABHA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 23-04-2025
Constitution of India — Article 227 — Supervisory jurisdiction of High Court over subordinate courts and tribunals — Alternative statutory remedy of appeal — Principles governing exercise of jurisdiction — High Court’s power is discretionary and to be exercised sparingly, generally limited to preventing subordinate courts from exceeding their authority or ensuring law is followed — Interference is warranted only in cases of patent perversity, gross and manifest failure of justice, or violation o
India Law Library Docid # 2425817

(924) JUNGSHER Vs. ANITA DEVI[HIMACHAL PRADESH HIGH COURT] 23-04-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Burden of proof — Presumption under Section 139 — When accused raises a probable defence casting doubt on complainant’s case or financial capacity, burden shifts to complainant to prove financial capacity and other relevant facts.
India Law Library Docid # 2425893

(925) RAMESHBHAI GANDUBHAI GUJARATI AND OTHERS Vs. SHANTABEN KESHUBHAI GUJARATI AND ANOTHER[GUJARAT HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Appeal — Limitation — Condonation of delay — Section 5 of Limitation Act, 1963 — Sufficient Cause — Negligence or inaction — Absence of bona fides — Defendants in suit filed written statement but did not participate further, leading to ex parte decree after evidence by plaintiff — Appeal filed 7 years and 6 months later — Application for condonation of delay citing unawareness of decree until mutation entry in revenue records 7 years
India Law Library Docid # 2425994

(926) MD. NASIR ALI @ NASIRUDDIN AHMED Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 23-04-2025
Penal Code, 1860 — Section 376(2)(i) — Rape — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault against child — Evidence — Statements under Section 164 Cr.P.C. — Admissibility under Section 32 of Evidence Act — Victim deceased and unable to depose — Absence of eye-witnesses — Trial Court’s reliance on victim’s Section 164 statement as substantive evidence under Section 32 of
India Law Library Docid # 2426204

(927) ORIENTAL INSURANCE COMPANY LTD. Vs. SRI. PARTHA PRATIM HAZARIKA AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Motor Vehicles Act, 1988 — Section 173(1) — Motor Accident Claim — Injury Case — Compensation — Assessment of — Delay in filing FIR and obtaining disability certificate not necessarily rendering claim fraudulent or untrue — Accident proved by evidence of claimant, medical officer, exhibited medical documents, accident report, and charge sheet — Rash and negligent driving of offending vehicle
India Law Library Docid # 2426205

(928) SAFINA KHATUN AND OTHERS Vs. MOINUR ALI AND OTHERS[GAUHATI HIGH COURT] 23-04-2025
Civil Procedure Code, 1908 — Section 47 — Execution of Decree — Questions to be determined by the Court executing decree — Scope and limitations — Executing court’s powers under Section 47 are microscopic and limited to questions of execution, discharge, or satisfaction of the decree — Executing court cannot go behind the decree or examine its validity unless the order allowing execution is without jurisdiction — Validity of decree must be challenged in a properly constituted suit or other avail
India Law Library Docid # 2426206

(929) RAJINDER KUMAR JAIPURIA AND OTHERS Vs. SAKSHI JAIPURIA[SUPREME COURT OF INDIA] 23-04-2025
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Complaint under — Quashing of proceedings — Counterblast to criminal proceedings — Allegations of financial fraud and forgery against respondent and husband by appellant No. 1 (father-in-law) followed by FIR — DV Act complaint filed subsequent to initiation of criminal proceedings — Timing suggestive of retaliatory motive — Filing of DV
India Law Library Docid # 2426432

(930) VISWANATHAN (DIED) AND OTHERS Vs. STATE[MADRAS HIGH COURT] 23-04-2025
Penal Code, 1860 — Sections 147, 148, 294B, 302, 302 R/W 34, 302 R/W 109, 324, 427, 452 — Murder and related offences — Evidence — Eye-witnesses — Reliability — Close relatives — Injured witnesses — When eye-witnesses are closely related to the deceased, their testimony is not automatically unreliable, especially when they are also injured witnesses and their accounts are consistent and appear truthful, even without
India Law Library Docid # 2427930

(931) M/S DEEPAK AND CO THROUGH ITS PARTNER SMT POONAM PORWAL Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND ANOTHERS[DELHI HIGH COURT] 22-04-2025
Tender — Integrity Pact (Annexure ‘G’) — Deficiency — Absence of Witness Signatures — Rectification Post Bid Opening — Permissibility — Discussion on whether permitting a bidder (Respondent No. 2) to rectify the deficiency of missing witness signatures on the submitted Integrity Pact (Annexure ‘G’) after the opening of financial bids vitiates the tender process. Consideration of the nature of the Integrity Pact as a document signifying compliance in anticipation of the award, rather than purely
India Law Library Docid # 2424862

(932) RAMANUJ KUMAR Vs. PRIYANKA[SUPREME COURT OF INDIA] 22-04-2025
Constitution of India, 1950 — Article 142 — Hindu Marriage Act, 1955 — Dissolution of Marriage — Irretrievable Breakdown — Where the marriage between the parties has completely and irrevocably broken down, evidenced by long separation (over a decade), failed reconciliation attempts, absence of marital ties, and no willingness shown by either party to restore the marital bond, the Court, in order to do complete justice and prevent the perpetuation of hardship, can exercise its jurisdiction under
India Law Library Docid # 2424913

(933) KANCHHU Vs. PRAKASH CHAND AND OTHER[SUPREME COURT OF INDIA] 22-04-2025
Constitution of India, 1950 — Article 227 — Code of Civil Procedure, 1908 — Order 9 Rule 13 — Supervisory Jurisdiction — Setting Aside Ex Parte Decree — Scope of Interference — The High Court, while exercising its supervisory jurisdiction under Article 227 of the Constitution over orders dismissing an application under Order 9 Rule 13, CPC, is required to examine the correctness and legality of the findings rendered by the lower courts regarding the sufficiency of cause shown by the defendant fo
India Law Library Docid # 2424914

(934) THE SUPERINTENDENT OF PRISON AND ANOTHER Vs. VENKATESAN @ SENU @ SRINIVASAN @ BASKARAN @ RADIO @ PRAKASAM[SUPREME COURT OF INDIA] 22-04-2025
Criminal Procedure Code, 1973 — Sections 374(2), 428, 482 — Inherent Powers vs. Specific Remedy — Finality of Orders — The High Court ought not to entertain a petition under Section 482 Cr.P.C. seeking set-off under Section 428 Cr.P.C. when: (i) the specific relief of set-off was considered and rejected by the trial/convicting court; (ii) the said rejection attained finality as it was not challenged via the available statutory remedy of appeal against conviction under Section 374(2) Cr.P.C.; and
India Law Library Docid # 2424915

(935) CHELLAMMAL AND ANOTHER Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 22-04-2025
Probation of Offenders Act, 1958 — Section 4 — Criminal Procedure Code, 1973 — Sections 360, 361 — Mandatory Duty of Court to Consider Probation — Where an accused is convicted of an offence not punishable with death or imprisonment for life, and the conditions specified in Section 4(1) of the Probation of Offenders Act, 1958 (regarding the circumstances of the case, nature of the offence, and character of the offender making it expedient to release on probation) are attracted, a mandatory duty
India Law Library Docid # 2424916

(936) CENTRAL BUREAU OF INVESTIGATION Vs. RAMESH CHANDER DIWAN[SUPREME COURT OF INDIA] 22-04-2025
Criminal Procedure Code, 1973 — Section 197 —Penal Code, 1860 — Section 21, Twelfth (a) — Protection of Sanction — Public Servant on Deputation — A public servant, appointed by the State Government and holding a civil post, who is subsequently sent on deputation to serve in another organization (such as a Municipal Corporation) on a temporary basis, continues to be a ‘public servant’ within the meaning of Section 21, Twelfth (a) of the IPC and remains covered under the protective umbrella of Sec
India Law Library Docid # 2424917

(937) NIDHI BHARGAVA AND OTHERS Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025
Motor Vehicles Act, 1988 — Section 166 — Assessment of Compensation — Loss of Dependency — Income Tax Returns (ITR) — Relevance and Admissibility — In determining the income of a deceased for calculating compensation under the Motor Vehicles Act, 1988, the Income Tax Return (ITR) pertaining to the Financial Year immediately preceding the date of the accident is a legally admissible and reliable statutory document — The relevance of such an ITR stems from the income period it covers (the relevant
India Law Library Docid # 2424918

(938) N. VIJAY KUMAR Vs. VISHWANATH RAO N.[SUPREME COURT OF INDIA] 22-04-2025
Negotiable Instruments Act, 1881 — Sections 118(a) & 139 — Presumptions and Rebuttal — Standard of Proof — Sections 118(a) and 139 of the NI Act mandate statutory presumptions that a negotiable instrument was made for consideration and that a cheque was issued for the discharge of a debt or liability, once execution is admitted or proved — These presumptions are rebuttable — The onus lies on the accused to raise a probable defence sufficient to create doubt about the existence of the considerati
India Law Library Docid # 2424919

(939) REJI KUMAR ALIAS REJI Vs. STATE OF KERALA[SUPREME COURT OF INDIA] 22-04-2025
Penal Code, 1860 — Sections 302, 376, 201 — Circumstantial Evidence — Proof Beyond Reasonable Doubt — Conviction for multiple murders (wife and four children) and rape (minor daughter) upheld where the prosecution established a complete and unbroken chain of circumstantial evidence, including motive (illicit relationship, suspicion of wife's infidelity), last seen testimony, incriminating conduct of the accused (giving false explanations, planned actions after the crime), and conclusive medical
India Law Library Docid # 2424920

(940) MD. FIROZ AHMAD KHALID Vs. THE STATE OF MANIPUR AND OTHERS[SUPREME COURT OF INDIA] 22-04-2025
Wakf Act, 1995 — Section 14(1)(b)(iii) read with Explanation II — Membership of Waqf Board — Muslim Member of Bar Council — Cessation of Membership — Interpretation — The eligibility of a Muslim Member of a State Bar Council to be elected as a Member of the State Waqf Board under Section 14(1)(b)(iii) of the Wakf Act, 1995, is contingent upon their holding the position in the Bar Council — This membership in the Bar Council acts as the requisite qualification — Upon ceasing to be a Member of the
India Law Library Docid # 2424921