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(301) HEM RAJ PHONSA Vs. U.T. OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 16-04-2025
Criminal Procedure Code, 1973 (J&K Cr.P.C.) — Section 251-A(2) — Procedure in cases instituted on Police Report — Discharge vs. Framing of Charge — Court’s duty upon consideration of charge sheet documents and hearing: discharge if charge groundless, frame charge if ground for presuming commission of offence exists.
India Law Library Docid # 2425814

(302) DINESH KUMAR Vs. U.T. OF LEH AND LADAKH[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 16-04-2025
Penal Code, 1860 — Section 376 (Rape) — Section 323 (Voluntarily causing hurt) — Conviction challenged — Appeal against conviction under Sections 376 and 323 RPC — Grounds of challenge include erroneous appreciation of evidence, lack of identification parade, appellant not previously known to victim, absence of medical evidence of sexual intercourse under Section 376, and alleged conviction for graver offence than charged (attempt to
India Law Library Docid # 2425815

(303) SWAMI VIVEKANAND ADARSH VIDYA MANDIR Vs. SANSAR CHAND AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 16-04-2025
Hindu Law — Ancestral Property — Property inherited from collateral not ancestral. Property inherited by a Hindu from a collateral source such as a brother or his widow does not assume the character of ancestral property in the hands of the successor. (Paras 12, 13, 16, 20, 21, 27, 31, 36, 37, 38, 39, 43
India Law Library Docid # 2425816

(304) ASHOK RANI Vs. KASHMIRI LAL[DELHI HIGH COURT] 15-04-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of Pleadings — Scope of Adjudication by Court — Merits vs. Allowability — While deciding an application for amendment under Order VI Rule 17 CPC, the Court should generally confine itself to whether the amendment is necessary for determining the real questions in controversy and whether it causes prejudice to the other side — The merits of the averments sought to be incorporated by the amendment are not to be adjudicated upon or decided at
India Law Library Docid # 2424932

(305) AMIT VERMA AND OTHERS Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 15-04-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 [Corresponding to Section 482 Criminal Procedure Code, 1973] — Inherent Powers of High Court — Quashing of FIR and Criminal Proceedings — Settlement in Matrimonial Disputes — Exercise of inherent jurisdiction to quash FIR registered under Sections 498A/406/34 IPC and all consequential proceedings based on an amicable settlement arrived at between the petitioner-husband (and his family members) and the respondent No.2-wife — Factors supportin
India Law Library Docid # 2424933

(306) ASEEM RAJPAL Vs. DIVYA DUGGAL[DELHI HIGH COURT] 15-04-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23 & 29 — Interim Maintenance — Assessment of Income and Entitlement — Determination of interim maintenance involves a prima facie assessment based on pleadings, income affidavits, and admitted background/lifestyle of parties — Where husband claims low income inconsistent with affluent background and lifestyle, appellate court’s conservative assessment of his income (Rs. 50,000/- pm) for interim maintenance is justified — Wife’s
India Law Library Docid # 2424934

(307) AZURE HOSPITALITY PRIVATE LIMITED Vs. PHONOGRAPHIC PERFORMANCE LIMITED[DELHI HIGH COURT] 15-04-2025
Copyright Act, 1957 — Sections 18(2), 30, 33(1), 33(3), 33A — Licensing of Copyright — Sound Recordings — Requirement of Copyright Society Registration/Membership — Interpretation — Any person or association of persons (including an assignee of copyright in sound recordings under S. 18(2)) carrying on the “business of issuing or granting licences” in respect of copyrighted works or any other rights conferred by the Act, is mandatorily required by S. 33(1) to do so only under or in accordance wit
India Law Library Docid # 2424935

(308) SONU Vs. STATE GOVT. OF NCT OF DELHI[DELHI HIGH COURT] 15-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 — Bail — Commercial Quantity — Applicability of Twin Conditions — Grant of regular bail in a case involving recovery of commercial quantity of contraband (Opium Doda) — Where conscious possession of the contraband by the applicant (a driver) is a seriously debatable question of fact to be determined during trial, and considering factors such as: (i) prolong
India Law Library Docid # 2424936

(309) SMT. NUSRAT PARVEEN AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 15-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Summoning Order — Scope of Interference — The inherent power under Section 482 Cr.P.C. to quash criminal proceedings, including a summoning order, should be exercised sparingly and with circumspection, only to prevent abuse of the process of the Court or to secure the ends of justice — Mere existence of prior litigation between parties (allegation of counterblast) or geographical distance between the accused’s residence and place of incid
India Law Library Docid # 2425227

(310) SANJEEV MEHROTRA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 15-04-2025
Criminal Procedure Code, 1973 — Sections 243(2), 482 — Right to Summon Defence Witnesses — Section 243(2) Cr.P.C. casts an obligatory duty upon the trial court to issue process for compelling the attendance of defence witnesses sought by the accused after entering upon defence, unless the court considers the application to be for the purpose of vexation, delay, or defeating the ends of justice, which specific ground must be recorded in writing — Rejection of such an application without finding/r
India Law Library Docid # 2425234

(311) M/S K.C. INTERNATIONAL SITUATE AND OTHERS Vs. INDIAN BANK KANPUR MAIN BRANCH[ALLAHABAD HIGH COURT] 15-04-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(3A) Compliance — Consideration of the borrower’s representation/objection and communication of a reasoned order thereon is a mandatory pre-condition before the secured creditor proceeds with measures under Section 13(4)
India Law Library Docid # 2425327

(312) ANUJ TYAGI Vs. DISTRICT ELECTION OFFICER (MUNICIPAL BOARD GENERAL ELECTION -2023), COLLECTORATE DISTRICT GHAZIABAD AND OTHERS[ALLAHABAD HIGH COURT] 15-04-2025
UP Municipal Corporations Act, 1959 — Joinder of Parties (S.63(3)) — Joining all contesting candidates as respondents is mandatory when the election petitioner seeks relief under Section 64 (claiming the seat)
India Law Library Docid # 2425328

(313) HABIB AHMED AND OTHERS Vs. MOHAMMED MUSTAQ AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-04-2025
Specific Relief Act, 1963 — Section 6 — Suit for Recovery of Possession — Limitation — A suit filed under Section 6 of the Specific Relief Act, seeking recovery of possession based on alleged wrongful dispossession, must be instituted within six months from the date of such dispossession — This is a mandatory requirement.
India Law Library Docid # 2425468

(314) GOVIND DWIVEDI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-04-2025
Constitution of India — Article 311(2), Proviso (b) — Dismissal/Removal without Enquiry — Requirement of Recorded Satisfaction on Impracticability — The scope and mandatory nature of Article 311(2), proviso (b) — The necessity for the disciplinary authority to record reasons in writing expressing its satisfaction that it is “not reasonably practicable to hold such inquiry” before dispensing with the regular
India Law Library Docid # 2425518

(315) LITTLE WORLD HIGHER SECONDARY SCHOOL Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 15-04-2025
Payment of Gratuity Act, 1972 — Section 2(e) (as amended by Act 47 of 2009) — Applicability to Teachers — The acknowledged legal position, following the amendment by Act 47 of 2009 and the decision in Birla Institute of Technology Vs. State of Jharkhand, (2019) 4 SCC 513, that teachers are covered within the definition of ‘employee’ under Section 2(e) and are entitled to gratuity under the Act.
India Law Library Docid # 2425519

(316) SMT. RAJUBAI DECED THROUGH LRS SHARDA RATHOUR AND OTHERS Vs. DAYAL DECD. THROUGH LRS ANTAR SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-04-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Erroneous Application of Succession Law by Lower Appellate Court — The determination of a substantial question of law concerning the quantum of share inherited by plaintiffs, where the lower appellate court applied succession principles contrary to the specific tenancy law prevailing at the time the succession opened
India Law Library Docid # 2425520

(317) SHAILESH SINGH BHADOURIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 15-04-2025
Service Law — Termination — Appointment Obtained by Fraud/Forgery — Necessity of Departmental Enquiry (Article 311) — The requirement of conducting a departmental enquiry under Article 311 of the Constitution or relevant service rules before terminating an employee, contrasted with situations where the initial appointment itself is alleged to be void ab initio due to fraud and fabrication of documents — Distinction between misconduct committed during the course of employment and fraud
India Law Library Docid # 2425521

(318) RAM PRASAD NAYAK Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 15-04-2025
Fundamental Rules — Rule 54-B — Entitlement to back-wages — Government servant — Suspension and reinstatement — Rule 54-B(1) applies when a suspended government servant is reinstated or would have been reinstated but for superannuation while under suspension — Competent authority required to consider pay and allowances for the suspension period and whether it is treated as duty.
India Law Library Docid # 2425676

(319) THE DY. COMMISSIONER OF INCOME TAX, 1(1) RAIPUR Vs. RAIPUR DEVELOPMENT AUTHORITY[CHHATTISGARH HIGH COURT] 15-04-2025
Income Tax Act, 1961 — Section 2(15) — Charitable purpose — Advancement of any other object of general public utility — Proviso to Section 2(15) applicable from 1-4-2009 and subsequent amendments — Statutory authorities — Urban Development Authority — Assessee, a statutory authority constituted under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973, for planning, development, and land use — Duty to implement development plans, prepare town development schemes, and acquire/develop land fo
India Law Library Docid # 2425677

(320) STATE OF J&K Vs. ISHTIYAQ ALI[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-04-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Reappreciation of evidence — Standard of review in appeal against acquittal is not to interfere unless the judgment is perverse, manifestly erroneous or occasions a miscarriage of justice — Trial court’s meticulous appreciation of evidence and detailed reasons for acquittal, including absence of credible evidence regarding abetment of suicide, upheld
India Law Library Docid # 2425800