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(81) STATE OF GUJARAT Vs. HARISHBHAI KANJIBHAI SATVARA[GUJARAT HIGH COURT] 13-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Scope of Appellate Interference — Re-appreciation of evidence — Principles reiterated: Appellate court has full power to review, re-appreciate, and reconsider evidence, without limitations under CrPC; can reach its own conclusions on fact and law; expressions like “substantial and compelling reasons” are linguistic flourishes, not curtailing power;
India Law Library Docid # 2426051

(82) ON THE DEATH OF BHUBAN MOHAN DAS, HIS LEGAL HEIRS SMT. LAKSHMI PRABHA DAS AND OTHERS Vs. ON THE DEATH OF LATE SAMARESH BANERJEE HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Formulation of substantial questions of law is determined by ascertaining foundational facts from pleadings, issues framed, and court findings — Insufficient foundational facts preclude a substantial question of law
India Law Library Docid # 2426133

(83) SMTI. SANTI DEVI AND OTHERS Vs. ON THE DEATH OF WALLUS SAHID HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent findings of fact by Trial Court and First Appellate Court — Perversity — Second appellate court exercising jurisdiction under Section 100 CPC should not disturb concurrent findings of fact unless found to be perverse — Decision is perverse if arrived at by ignoring or excluding relevant material, taking irrelevant material, or if findings outrageously defy logic or are based on no evidence or th
India Law Library Docid # 2426134

(84) MADHAB KRISHNA GOSWAMI Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 13-05-2025
This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Sri Madhab Krishna Goswami, praying for quashing of the criminal proceedings of PRC Case No. 100/2023, pending before the Court of the learned Sub-Divisional Judicial Magistrate(M), Jonai. The aforesaid PRC Case
India Law Library Docid # 2426390

(85) SHRI. BHARAT BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 13-05-2025
This criminal appeal under Section 374, Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against the Judgment and Order dated 03.11.2017, passed by the Court of learned Sessions Judge, Jorhat in Sessions Case no. 18 [J-J] of 2011, whereby the accused-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine,
India Law Library Docid # 2426391

(86) DHARAM CHAND Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-05-2025
Criminal Procedure Code, 1973 — Section 173(8) — Further investigation after submitting report/taking cognizance — Power of Magistrate — Magistrate can suo motu direct police to conduct further investigation even after taking cognizance of a report under Section 173(2) — Rationale rooted in ensuring proper and fair investigation and serving the ends of justice under Article 21 of the Constitution — Overruling previous contrary judgments
India Law Library Docid # 2425868

(87) BHUPENDRA KUMAR DHANKAR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 09-05-2025
Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 — Rule 9 — Discipline and Control — Disciplinary Authority for Major Punishment — Regularized Shiksha Karmi — Termination of services — Major punishment — Rule 9 mandates that the General Administration Standing Committee of the Janpad Panchayat is the disciplinary authority for awarding major punishment to regular employees — Chief Executive Officer lacks jurisdiction to impose major punishment of terminat
India Law Library Docid # 2425681

(88) MANOJ KUMAR SONI Vs. DIRECTORATE OF ENFORCEMENT[CHHATTISGARH HIGH COURT] 09-05-2025
Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Scope and application — Constitutional mandate of Article 21 — Right to speedy trial — Long incarceration — Section 45 imposes additional conditions for bail but does not create an absolute prohibition — Detention without reasonable prospect of timely trial infringes Article 21 — Applicability of twin conditions must yield to constitutional right to liberty and speedy trial in cases of long incarceration not attri
India Law Library Docid # 2425682

(89) TIRTHRAJ AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Charge — Framing of — Quashing of consequential charge-sheet — Applicant (Sub-Divisional Officer/Land Acquisition Officer) facing charges under various IPC sections including cheating and forgery read with conspiracy and criminal intimidation — Impugned order framing charges against applicant challenged — FIR and witness statements initially not naming applicant — Applicant’s name appearing in charge-sheet and prosecution sanction order alleging conspiracy and use
India Law Library Docid # 2425683

(90) STEEL AUTHORITY OF INDIA LIMITED (BHILAI STEEL PLANT) MAHAMAYA DULKI IRON AND MINES AND OTHERS Vs. THE REGIONAL OFFICER CHHATTISGARH ENVIRONMENT CONSERVATION BOARD[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Quashing of criminal proceedings — Abuse of process of law — Exercise of inherent powers proper where allegations in FIR/complaint, even if taken at face value, do not prima facie constitute any offence or where uncontroverted allegations/supportive evidence do not disclose commission of offence — Magistrate’s order summoning accused must reflect application of mind to facts and law, and examine nature of allegations and evidence fo
India Law Library Docid # 2425684

(91) MANOJ KUMAR SONI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Regular Bail Application — Police Station ABC/EOW, Raipur KNo 01/2024 — Offences under Sections 409, 120-B IPC read with Sections 11, 13(1)(a), and 13(2) of the Prevention of Corruption Act, 1988 — Long incarceration and delay in commencement of trial — Speedy trial as a facet of fundamental right to life under Article 21 of the Constitution of India — Gravity of crime not an inviolable bar to bail in case of speedy trial violation — Section
India Law Library Docid # 2425685

(92) RAVINDER SINGH AND OTHERS Vs. STATE AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 09-05-2025
Jammu and Kashmir Control of Building Operation Act, 1988 — Section 7(1), 7(3), 12(1), 13 — Building Operations Regulations, 1998 — Regulation 11 — Unauthorized construction — Violation of sanctioned plan — Municipal Authorities — Notice for demolition — Challenge before Tribunal — Initial dismissal of appeal for major non-condonable violations (setbacks, ground coverage exceeding 10%) under Regulation 11(2)(ii) and (iii) — Subsequent application for rehearing and modification order — Rehearing
India Law Library Docid # 2425862

(93) HOM DEI @SHALLU Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Penal Code, 1860 — Sections 302, 120B and 201 — Bail — Murder — Conspiracy — Causing disappearance of evidence — Prolonged trial — Right to speedy trial under Article 21 of Constitution of India — Applicant accused of murder, conspiracy, and destruction of evidence — Arrested on 22.02.2021 — Trial involves 51 prosecution witnesses, only 16 examined over 4 years and 2 months — Chances of early conclusion of trial not bright — Keeping accuse
India Law Library Docid # 2425879

(94) M/S APEX PLASTIC THANA AND ANOTHER Vs. DEEPAK KUMAR[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Employees/Workmen Compensation Act, 1923 — Claim for Compensation — Crushed Injuries — Right Hand — Amputation of thumb, fracture in bones, cutting of skin and veins, partial loss of middle finger — Accident during course of employment — Employer-employee relationship admitted — Occurrence not disputed — Negligence of claimant alleged but not established as defense — Salary admitted — Immediate medical aid and follow-up treatment provided and expenses borne by employer — Genuine
India Law Library Docid # 2425880

(95) BIHARI LAL Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 449 — Appeal against order imposing penalty on surety — Maintainability — Appeal lies under Section 449 Cr.P.C. against an order imposing penalty on a surety under Section 446 Cr.P.C. (Para 1)

B. Criminal Procedure Code, 1973 — Section 439 — Bail — Conditions — Undertaking by surety to produce accused — Surety stands by giving solemn undertaking to produce accused before the Court on each and every date of hearing
India Law Library Docid # 2425881

(96) SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SURINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Motor Vehicles Act, 1988 — Sections 166 — Claim Petition — Compensation for injuries and permanent disablement — Insurer’s appeal challenging quantum — Claimant’s age 48 years at time of accident — 35% permanent physical impairment found by Medical Board — Medical Expert cross-examined
India Law Library Docid # 2425882

(97) ICONIC IP INTERESTS LLC Vs. M/S SHIV TEXTILES[GUJARAT HIGH COURT] 09-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Absence of cause of action — Trademark infringement suit — Suit filed by prior registered user against subsequent user — Allegations of infringement based on use of potentially infringing mark and issuance of legal notices — Plaint and attached documents demonstrating alleged infringing goods sold through website registered in USA with trademark registered in USA — No evidence to show purposeful availment of jurisdiction by def
India Law Library Docid # 2426052

(98) CHANDRAKANT GANGADAS SANGHAVI AND ANOTHER Vs. HANSABEN DHIRAJLAL JADGA DIED THROUGH LRS AND OTHERS[GUJARAT HIGH COURT] 09-05-2025
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act) — Section 29 — Civil Revision Application — Concurrent Findings — Challenge to judgment confirming eviction decree — Object of revisional power is to ensure findings are according to law, not to re-appreciate evidence like an appellate court — Intervention warranted only if findings are perverse, based on no evidence, misreading
India Law Library Docid # 2426053

(99) STATE OF GUJARAT Vs. VISHNUBHAI @ GABBAR PRAHLADBHAI DANTANI AND OTHERS[GUJARAT HIGH COURT] 09-05-2025
. Penal Code, 1860 — Sections 380, 457, 413, 114 — Theft in dwelling house, house-breaking by night for theft, dishonestly receiving stolen property, and abetment — Conviction based on circumstantial evidence — Admissibility of confession made to police officer — Section 25 of Evidence Act prohibits admissibility — Section 26 requires presence of Magistrate for confession while in police custody — Confession
India Law Library Docid # 2426054

(100) BHARAT PETROLEUM CORPORATION LTD. Vs. RELIANCE INDUSTRIES LTD.[GUJARAT HIGH COURT] 09-05-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction of High Court — Power to interfere with orders of subordinate courts — Exercise of power justified to keep subordinate courts within the bounds of their authority — Exercised to correct serious procedural irregularities arising from application of wrong provisions of law
India Law Library Docid # 2426094