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(241) BUSSA NARAYANA Vs. MUDA RAJA VENKATESWARLU[ANDHRA PRADESH HIGH COURT] 07-08-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope — High Court cannot substitute its own opinion for that of the First Appellate Court unless the conclusions are erroneous due to being contrary to law or based on inadmissible/no evidence — Re-appreciation of evidence is not permissible.
India Law Library Docid # 2428475

(242) AGALI NARASAPPAGARI CHIRANJEEVI Vs. STATE OF A.P.[ANDHRA PRADESH HIGH COURT] 07-08-2025
Indian Penal Code, 1860 — Sections 304A, 338 — Code of Criminal Procedure, 1973 — Sections 397, 401 — Criminal Revision – Rash and negligent driving – Death of child passenger – Grievous injury to co-passenger — Jeep carrying 25 passengers including school children overturned while avoiding bullock cart — Conviction upheld – Sentence reduced — Evidence of eyewitnesses consistent and credible – Accused proved to be driver of offending vehicle – No mechanical defect — Conduct in driving at high sp
India Law Library Docid # 2428476

(243) STATE OF A.P. Vs. KURUVA BYELLA GOVINDU[ANDHRA PRADESH HIGH COURT] 07-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeal against acquittal — Powers of Appellate Court — Appellate court can review, reappreciate and reconsider evidence and come to its own conclusion, but must consider presumption of innocence of accused and that if two reasonable conclusions are possible, acquittal should not be disturbed.
India Law Library Docid # 2428477

(244) VINOD KUMAR JALAUN Vs. KAILASH JAISWAL[ALLAHABAD HIGH COURT] 07-08-2025
Transfer of Property Act, 1882 — Section 54 & 55(4)(b) — Sale Deed — Conditional Sale — Parties' intention is paramount in determining passing of title; title does not pass if sale is conditional upon payment and such payment is not made, even if sale deed is executed and registered. Sale deed can be rendered ineffective if it clearly stipulates automatic cancellation upon dishonor of cheque for sale consideration
India Law Library Docid # 2428465

(245) PAWAN PAL Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 07-08-2025
Penal Code, 1860 (IPC) — Sections 420, 467, 468 — Cheating, Forgery of valuable security, Forgery for purpose of cheating — Applicant was only an attesting witness to a sale deed, not the purchaser or beneficiary — Fraudulent intent not established against the applicant — Allegations against applicant are civil in nature and do not disclose any criminal offense — Proceedings quashed.
India Law Library Docid # 2432432

(246) AMARJEET AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 07-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of proceedings — While summoning order against husband's family for dowry harassment, the High Court can quash proceedings if allegations are vague, omnibus, or amounts to abuse of process of law, especially when it involves over-implication of relatives without substantive material.
India Law Library Docid # 2432433

(247) SMT. MANI BAI RAJPUT AND OTHERS Vs. DASRATHI SUNANI AND OTHERS[CHHATTISGARH HIGH COURT] 06-08-2025
Motor Vehicles Act, 1988 — Section 166, Section 140 — Claim for compensation — Income Tax Returns as proof of income — Claims Tribunal erred in disregarding Income Tax Returns for assessing the deceased's income, even when filed online and acknowledged by the Income Tax Department — Income Tax Returns are statutory documents and should be relied upon for determining income in compensation claims, especially when other documentary evidence is lacking — Technical reasons like nominal tax payment o
India Law Library Docid # 2428479

(248) CHIEF ENGINEER IRRIGATION DEPTT. LKO. AND ANOTHER Vs. MS. TABASSUM[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 06-08-2025
Motor Vehicles Act, 1988 — Section 166 — Claims for compensation by legal representatives — Dependency requirement for married daughters — A married daughter is entitled to claim compensation as a legal representative even if not fully dependent on the deceased, and her claim cannot be limited to the no-fault liability under Section 140 of the Act. The quantum of compensation is to be determined based on established calculation methods, considering potential dependency that may arise from family
India Law Library Docid # 2428466

(249) RAJENDR YADAV Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 06-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 161 — Examination of witnesses by police — Failure to record statement of injured witness under Section 161 Cr.P.C. — Effect on trial — While failure to record statement under Section 161 Cr.P.C. does not render subsequent trial statement inadmissible, it significantly impairs its evidentiary value and denies the accused the opportunity to effectively cross-examine and
India Law Library Docid # 2428467

(250) MADHU YADAV AND OTHERS Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 06-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Claim by wife — Living together as husband and wife for a long period — Strict proof of marriage not a precondition — Broad and expansive interpretation of 'wife' — Beneficial legislation for social justice and dignity.
India Law Library Docid # 2428468

(251) MATTAPARTHI NAGARATNAM AND OTHERS Vs. POLA APPALA NARASAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-08-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Re-appreciation of evidence — High Court's jurisdiction in second appeal is confined to substantial questions of law and cannot re-appreciate evidence unless conclusions are contrary to mandatory provisions of law, Apex Court pronouncements, or based on inadmissible/no evidence.
India Law Library Docid # 2428469

(252) PEPAKAYALA CHAKRARAO Vs. KOMPELLA SURYANARAYANA[ANDHRA PRADESH HIGH COURT] 06-08-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Admission — Substantial question of law — A second appeal can only be admitted if the appellant demonstrates a substantial question of law. This requires the question to directly and substantially affect the parties' rights and be either unsettled by superior courts or open to discussion. Mere appreciation of facts or evidence is not sufficient to raise a substantial question of la
India Law Library Docid # 2428470

(253) GANGAVARAPU CHANDRASEKHAR NAIDU Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-08-2025
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Essential ingredients – Requirement of statutory notice – Notice must specify the amount demanded – Absence of a specific demand for payment in the legal notice renders it invalid for initiating proceedings under Section 138 of the Negotiable Instruments Act, 1881.
India Law Library Docid # 2428471

(254) CHAVA VENUGOPAL AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-08-2025
Penal Code, 1860 (IPC) — Sections 420, 406, 506, 120-B — Cheating, Criminal breach of trust, Criminal intimidation, Criminal conspiracy — Quashing of proceedings — Company not arraigned as accused — Vicarious liability of directors — Commercial dispute — Limitation — Held, proceedings against directors of a company cannot be sustained without the company being made an accused, as there is no vicarious liability
India Law Library Docid # 2428472

(255) STATE OF A.P. Vs. KILARI NAGESWARA RAO AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-08-2025
Penal Code, 1860 (IPC) — Sections 376 and 498-A — Rape and Dowry Harassment — Appeal against Acquittal — Standard of Review — Appellate court must be cautious in interfering with an acquittal. Interference is warranted only if the trial court's findings are perverse, contrary to evidence, or based on erroneous law or facts. If two reasonable conclusions are possible, the acquittal should not be disturbed.
India Law Library Docid # 2428473

(256) CHILUKURI VISWESWARA RAO Vs. SARIPELLA VENKATA SATYANARAYANA RAJU AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-08-2025
Civil Procedure Code, 1908 (CPC) — Order 40 Rule 1 — Appointment of Receiver — Requirements — A receiver should not be appointed unless there is proof of a prima facie case for the plaintiff, some urgency or danger of loss requiring immediate action, and the plaintiff's right is clear — Appointment is a discretion that must be exercised with care and not arbitrarily — Appointing a receiver should not deprive a party in de facto possession of the property, as this could cause irreparable harm
India Law Library Docid # 2428474

(257) JAI PRAKASH PRASAD AND OTHERS Vs. STATE OF BIHAR[PATNA HIGH COURT] 06-08-2025
Penal Code, 1860 (IPC) - Sections 307, 326, 323, 147 - Arms Act, 1959 - Section 27 - Probation of Offenders Act, 1958 - Section 4 - Appeal against conviction and sentence for offences including attempted murder, causing grievous hurt by dangerous weapon, assault, and unlawful assembly - Conviction upheld for attempted murder, grievous hurt, and using a firearm - Other convictions subject to probation.
India Law Library Docid # 2428381

(258) SABNAM KUMARI Vs. DHANANJAY CHAWDHARY[PATNA HIGH COURT] 06-08-2025
Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Divorce — Cruelty and Desertion — Husband's petition for divorce allowed on grounds of cruelty and desertion — Wife's allegations of dowry demand and torture found unsubstantiated — Wife's filing of frivolous complaints against husband and his family amounts to cruelty — Long period of separation indicates breakdown of matrimonial bond beyond repair — Decree of divorce upheld.
India Law Library Docid # 2428382

(259) SHRI SAMIR KUNDU Vs. NATIONAL FACELESS ASSESSMENT CENTRE AND OTHERS[ORISSA HIGH COURT] 06-08-2025
Income Tax Act, 1961 — Section 147, 144, 148, 142 — Assessment — Writ Petition — Alternative Remedy — Petitioner challenged assessment order under Article 226/227 of Constitution — Petitioner had not provided sufficient opportunity to Assessing Officer and sought adjournment at the fag end of limitation period — Medical documents submitted by petitioner did not conclusively prove inability to participate in proceedings
India Law Library Docid # 2428384

(260) HARI SHANKAR PATNAIK Vs. STATE OF ORISSA AND OTHERS[ORISSA HIGH COURT] 06-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 156(3) — Complaint — Affidavit — Mandatory Requirement — Supreme Court directions in Priyanka Srivastava v. State of U.P. requiring affidavit with complaint under Section 156(3) Cr.P.C. are mandatory and not a mere formality — Purpose is to prevent abuse of process, ensure accountability, and protect accused from vexatious litigation — Non-compliance with this requirement is a curable defect but must be rectified before Magistrate passes any substan
India Law Library Docid # 2428385