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(321) ABDUL SATTAR Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-04-2025
Public Safety Act, 1978 (J&K) — Section 8 — Preventive Detention — Stale Incidents — Live Link — A detention order based on incidents that are too remote in time from the date of the order lacks a live and proximate link between the past conduct and the imperative need for detention — FIR registered over two years prior to the detention order, where the detenue was already enlarged on bail, cannot form the basis for preventive
India Law Library Docid # 2425801

(322) STATE BANK OF INDIA Vs. SRI BIRESH CHANDRA GANGOPADHYAY[TELANGANA HIGH COURT] 11-04-2025
Criminal Procedure Code, 1973 — Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528] — Quashing of Cognizance Order and Proceedings — Scope of Inquiry — Abuse of Process — Political Rivalry — In exercising inherent powers under Section 482 CrPC (S. 528 BNSS), particularly when factors like potential political rivalry or ulterior motives are alleged, the Court is not limited to accepting the charge sheet averments at face value. It can scrutinize the accompanying materials, witnes
India Law Library Docid # 2424835

(323) M/S. HEINEN AND HOPMAN ENGINEERING (I) PVT. LTD. Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 11-04-2025
Payment of Wages Act, 1936 — Section 2(vi) — Definition of ‘Wages’ — Pension — Non-Contributory Scheme — Pension payable to an employee under a non-contributory scheme (funded solely by the employer) established under the terms of employment (express or implied) falls within the primary definition of ‘wages’ under Section 2(vi) of the Payment of Wages Act, 1936 — It constitutes remuneration payable in respect of employment or work done, becoming due upon fulfilment of conditions like termination
India Law Library Docid # 2425165

(324) RAKESH SINGH AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 11-04-2025
Penal Code, 1860 (IPC) — Sections 141 and 149 — Unlawful Assembly & Common Object — Common object, the purpose/design shared by members of an assembly of five or more, is key for vicarious liability under Section 149. It can be formed instantaneously and inferred from acts, arms, and behaviour. Mere presence is insufficient; actuation by the common object is required
India Law Library Docid # 2425329

(325) AVINASH MURAV Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-04-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Indian Penal Code, 1860 — Section 363 — Kidnapping — Section 365 — Kidnapping or abducting with intent secretly and wrongfully to confine person — Section 366-A — Procuration of minor girl — Protection of Children from Sexual Offences Act, 2012 — Sections 5(L), 6 — Aggravated Penetrative Sexual Assault on child, Punishment for aggravated penetrative sexual assault — Appeal against conviction and sentence for offenses in
India Law Library Docid # 2425678

(326) BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AND OTHERS Vs. SMT. RITA DEVI AND OTHERS[CHHATTISGARH HIGH COURT] 11-04-2025
Motor Vehicles Act, 1988 — Sections 2(21), 2(15), 3(1), 10(2)(d), 10(2)(e) — Light Motor Vehicle — Gross Vehicle Weight vs. Unladen Weight — Driving Licence Validity — Driver holding Licence for Light Motor Vehicle (LMV) class — Whether authorized to drive Transport Vehicle with Gross Vehicle Weight exceeding 7500 kg without specific endorsement — Section 2(21) defines LMV considering Gross Vehicle Weight for transport vehicles and Unladen Weight for motor car, tractor, road-roller — Section 2(1
India Law Library Docid # 2425679

(327) ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS MANAGER Vs. SHANEEZ AKHTER AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-04-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal against Motor Accidents Claim Tribunal Award — Maintainability — Appeal under Section 173 of the Motor Vehicles Act, 1988 against an award granting compensation for death in a road accident — Grounds of challenge include alleged violation of permit conditions, policy conditions regarding carrying capacity, lack of proof of deceased’s income as skilled labourer, and improper assessment of monthly income and overall compensation — Court finds no basi
India Law Library Docid # 2425798

(328) KARAM CHAND AND OTHERS Vs. UNION TERRITORY OR JAMMU AND KASHMIR THROUGH COMMISSIONER AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-04-2025
Jammu and Kashmir Agrarian Reforms Act, 1976 — Section 21 — Limitation — Delay in filing appeal — Mutation orders passed in 1983 — Appeal filed in 2023 (after 37+ years) — Appellate Authority’s order condoning delay without requiring formal application or sufficient explanation of the inordinate delay is unsustainable in law — Exercise of discretion under Section 5 of Limitation Act must be judicious and based on specific facts and circumstances — Negligence, inaction, or lack
India Law Library Docid # 2425799

(329) GHULAM HUSSAIN AND OTHERS Vs. STATE OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-04-2025
Criminal Appeal — Setting Aside of Conviction and Sentence — Grounds for Appeal — False implication, unfounded allegations, misappreciation of evidence, material contradictions, lack of judicial mind, partisan witnesses, failure to appreciate defence evidence, non-examination of crucial witnesses, unnatural and tutored testimony.
India Law Library Docid # 2425809

(330) KASHISH GULYANI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 11-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22 — Conviction and Sentence — Rigorous Imprisonment for Ten Years and Fine — Parole Application — Filed after undergoing 2 years, 7 months, and 25 days of
India Law Library Docid # 2425894

(331) SHRIRAM GENERAL INSURANCE COMP LTD. Vs. ALLAPURAJU SUJANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In adjudicating claims under Section 166, the finding of negligence must be based on a preponderance of probabilities — Direct eyewitness testimony, particularly from credible witnesses like police officers who were inmates of a vehicle involved in the accident, is to be given significantly more weightage and credence than contents of police investigation documents like the In
India Law Library Docid # 2424827

(332) SMT. SOMURI RAVALI Vs. SOMURI PURNACHANDRA RAO[TELANGANA HIGH COURT] 10-04-2025
Arbitration and Conciliation Act, 1996 — Sections 2(1)(e)(i), 11(6), 29A(4) & (5) — Jurisdiction for Extension of Arbitrator’s Mandate — Domestic Arbitration — High Court Appointment — In a domestic arbitration where the Arbitrator was appointed by the High Court exercising power under Section 11(6) of the Act, the exclusive jurisdiction to entertain an application for extension of the Arbitrator’s mandate under Section 29A(4) or (5) vests solely with the High Court — Consequently, a Commercial
India Law Library Docid # 2424837

(333) MOHAMMAD DASTAGIR KHAN @ ASIF Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 10-04-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Sections 15 & 19 — Two-Stage Assessment for Trying Child as Adult — The Act mandates a two-stage process when determining if a child aged 16-18, alleged to have committed a heinous offence, should be tried as an adult: (i) A preliminary assessment by the Juvenile Justice Board (JJB) under Section 15 regarding the child’s mental and physical capacity, ability to understand consequences, and circumstances of the offence; and (ii) A sub
India Law Library Docid # 2424845

(334) ISKA VIJAYA KUMAR REDDY Vs. N.VIJAYA KRISHNA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Pleading and Proof — In a suit for specific performance of an agreement of sale, the plaintiff must mandatorily plead and prove continuous readiness and willingness to perform their part of the contract from the date of the agreement until the date of hearing/decree Readiness pertains to financial capacity, while willingness pertains to conduct — A mere statement in the plaint or affidavit asserting readiness is insufficient
India Law Library Docid # 2424890

(335) KMV PROJECTS LIMITED Vs. ANDHRA PRADESH MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 — Order 47 Rule 1 — Review — Scope and Grounds — The power of review under Order 47 Rule 1 CPC is circumscribed and distinct from appellate power It can be exercised upon discovery of new and important matter or evidence (despite due diligence), or on account of a mistake or error apparent on the face of the record, or for any other sufficient reason analogous thereto — Review cannot be sought merely because the original decision is erroneous on merits — An “error appa
India Law Library Docid # 2424891

(336) SURYAS RAVI PRAKASH RAO Vs. MOHITHE MANOHAR RAO AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Guardians and Wards Act, 1890 — Sections 9, 10, 17, 25 — Hindu Minority and Guardianship Act, 1956 — Section 6, 13 — Child Custody — Paramount Consideration — Welfare of Minor— In determining the custody of a minor child, the paramount and often sole consideration for the Court, exercising parens patriae jurisdiction, is the welfare and best interest of the child The legal rights of the contending parties, including the preferential right of the natural guardian (father), are subordinate to the
India Law Library Docid # 2424894

(337) CHITTIBOTLA BHARDWAJA SARMA Vs. COMMISSIONER AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Constitution of India, 1950 — Article 226 — Writ of Mandamus — Appointment of Founder Trustee— Consideration of mandamus to compel respondents (Endowments Department) to appoint the petitioner as Founder Trustee and Chairman of a temple based on alleged hereditary rights, family history of management, and entries recorded in the statutory register under Section 43 of Act 30 of 1987.
India Law Library Docid # 2424900

(338) 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

(339) 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

(340) 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