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(321) ASHEESH KUMAR Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 01-08-2025
Criminal Procedure Code, 1973 — Section 438 / Bharatiya Nyaya Sanhita, 2023 — Section 482 — Anticipatory Bail — Maintainability — Complaint Case — Issuance of Summons — Anticipatory bail is generally not maintainable solely upon issuance of a summons in a complaint case, even if the accusation involves a non-bailable offence, as it does not constitute apprehension of arrest by the police without a warrant
India Law Library Docid # 2428322

(322) DEEVI GOPALA KRISHNA SRINIVASA AYYANGAR AND OTHERS Vs. STATE OF AP AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-08-2025
Constitution of India, Article 226 — Writ of Mandamus — Cooperative Societies Act, 1964 — Failure to repay matured fixed deposits — Action of respondents in not taking steps for repayment of maturity amounts of fixed deposits declared illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution.
India Law Library Docid # 2428323

(323) KARUTURI CYRIL BABU Vs. THOTA VENKATA SATYANARAYANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-08-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation for accidents — Awards by Motor Accidents Claims Tribunal (MACT) — Enhancement of compensation — Appeals filed against MACT awards for motor accident claims — Claimants contended that compensation awarded was inadequate and did not properly consider injuries, medical expenses, and other factors — Court considered evidence including wound certificates, medical bills, discharge summaries, and doctor's testimony — Held that MACT had failed to pr
India Law Library Docid # 2428324

(324) DAYAM PEDA RANGA RAO Vs. JOINT DIRECTOR, (RAYALASEERNA) ANTICORRUPTION BUREAU AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 2(s) — Police Station — Definition — FIR registration — Validity — Requirement of notification by State Government — Essential for a place to be a police station — Registration of FIRs in a place not notified as a police station is void ab initio — Subsequent notification
India Law Library Docid # 2428325

(325) SMT. LANKA VENKATA RAMANAMMA AND OTHERS Vs. MALLA SATYANARAYANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-08-2025
Specific Relief Act, 1963 — Section 10, 16(c) — Suit for specific performance of agreement of sale — Plaintiff must prove a valid agreement and readiness and willingness to perform contract — Plaintiff failed to prove the suit document (Ex.A-5) as genuine due to suspicious circumstances and contradictions in evidence — Mere
India Law Library Docid # 2428326

(326) M/S. GOLDI WINE PVT. LTD. Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 01-08-2025
Chhattisgarh Reorganisation Act, 2000 — Sections 3, 4, 5, 78, 79 — M.P. Excise Act, 1915, Section 10 — Import duty on foreign liquor — Reorganisation of State — Movement of liquor from Madhya Pradesh to Chhattisgarh after formation of new state constitutes import — Petitioners liable to pay import duty — No promissory estoppel against legislation or statutory obligations — State's action is legal and justified as per Chhattisgarh Excise Act
India Law Library Docid # 2428279

(327) JITENDRA DEWANGAN Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 01-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 313 — Statement of accused — The appellant denied the allegations and pleaded false implication, claiming his wife stole money and fled to her maternal home, and filed a false report with the help of their children.
India Law Library Docid # 2428280

(328) CHHATTISGARH PRIVATE SCHOOL MANAGEMENT ASSOCIATION Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 01-08-2025
Constitutional Law — Article 19(1)(g) — Right to practise any profession, or to carry on any occupation, trade or business — Enforcement by Associations — Associations registered under the Societies Registration Act do not qualify as citizens for the purpose of enforcing fundamental rights under Articl
India Law Library Docid # 2428281

(329) SURAJ MASIH Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 01-08-2025
Jammu & Kashmir Public Safety Act, 1978 — Section 8 — Preventive Detention — Grounds of Detention — Nexus to Public Order — Allegations against the detenue involving past cases and bail violations, forming the basis for detention, were argued to be law and order issues and lacking direct nexus to public order. However, the Court found that the detenue's continuous involvement in criminal activities, as evidenced by multiple FIRs and DDRs, was considered by the Detaining Authority to
India Law Library Docid # 2428282

(330) FEROZ AHMAD AGA AND ANOTHER Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 01-08-2025
Motor Vehicles Act, 1988 — Section 66, Section 84, Section 110, Section 118 — Insurance — Public Carriage Vehicle — Route Permit — Liability of Insurer — A vehicle used in public space without a permit is a statutory infraction, making the insured liable to reimburse compensation paid by the insurer to claimants. Non-possession of a valid route permit allows the insurer to recover compensation
India Law Library Docid # 2428283

(331) DR. SHAZIA SALAM Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 01-08-2025
Contract of employment — Termination — Procedures — Violation of contractual terms — Principles of Natural Justice — Contractual service terminable with one month's notice or salary in lieu thereof — Petitioner’s services terminated without notice or salary in lieu, violating Clause (XII) of Government Order dated 18.05.2021.
India Law Library Docid # 2428284

(332) NAZIM AHMAD SHEIKH Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 01-08-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — Grant of Bail — Commercial Quantity — Reasonable Grounds — Court must be satisfied that there are reasonable grounds for believing the accused is not guilty and is unlikely to commit an offence while on bail — "Reasonable grounds" means credible, plausible grounds, requiring substantial probable causes, not just prima facie
India Law Library Docid # 2428285

(333) KUDLA RAMPAGE Vs. SRI HARSHENDRA KUMAR D. AND OTHERS[KARNATAKA HIGH COURT] 01-08-2025
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 3 — Temporary Injunction — Ex Parte Grant — Mandatory Injunction — Necessity of Recording Reasons — Non-compliance with Proviso renders order illegal — Section 227 of Constitution of India — High Court’s power of Superintendence — Applicability for procedural lapses
India Law Library Docid # 2428345

(334) SCHENKER INDIA PVT. LTD. Vs. SKAPS INDUSTRIES PVT. LTD.[BOMBAY HIGH COURT] 01-08-2025
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 2(2) — Security for performance — Sub-rule (2) is not a standalone provision and the power to direct security is in aid of granting an injunction under sub-rule (1) — Where no injunction is granted under sub-rule (1), there is no question of imposing a condition of security under sub-rule (2) — Plaintiff’s application for temporary injunction for securing amounts due under the Transportation Services Agreement was dismissed as the tenure of the ag
India Law Library Docid # 2428316

(335) SBI GENERAL INSURANCE CO. LIMITED Vs. RENU AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-08-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation for motor accident death — Appeal by Insurance Company — Contents of FIR vs. evidence before Tribunal — When evidence recorded before the Tribunal contradicts FIR, evidence before Tribunal holds greater weight — High Court rightly gave weightage to evidence before the Tribunal.
India Law Library Docid # 2428317

(336) CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. Vs. POOJA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-08-2025
Motor Vehicles Act, 1988 — Section 166 — Motor accident claims — Negligence — Evidence — FIR and charge-sheet as evidence — Weightage of evidence before Tribunal over FIR — Cases decided on preponderance of probabilities — Tribunal’s findings based on evidence recorded before it should be given due weightage, even if there are minor contradictions in witness statements during cross-examination —
India Law Library Docid # 2428318

(337) AAKASH CHAND AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 01-08-2025
Penal Code, 1860 (IPC) — Sections 304B, 498A — Dowry death, Cruelty by husband or relatives of husband — Dowry Prohibition Act, 1961 — Sections 3, 4 — Proceedings under Section 482 Cr.P.C. to quash charge sheet and summoning order — Ingredients of Section 304B IPC, namely, death caused by burns or bodily injury or occurred otherwise than under normal circumstances, and that the woman was subjected to cruelty or
India Law Library Docid # 2432446

(338) NAIM AHMAD AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 01-08-2025
Uttarakhand Panchayati Raj Act, 2016 — Section 106 — Power of Zila Panchayat to frame Bye-Laws — Zila Panchayat empowered to frame Bye-Laws relating to markets, slaughter-houses, etc. — Clause (a) of Head "D" in Section 106(2) prohibits use of any place as a market without a license from Zila Panchayat — Clause (e) empowers Zila Panchayat to prescribe conditions for granting, refusing, suspending or withdrawing
India Law Library Docid # 2432447

(339) CHAMAN Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 01-08-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 50 — Non-compliance — Applicability — Section 50 applies only to personal search of accused, not to contraband recovered from a bag or container carried by accused — Recovery of charas from a polythene handed over by accused does not attract Section 50
India Law Library Docid # 2432448

(340) MANOHAR SINGH Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 31-07-2025
Administrative Law — Principles of Natural Justice — Audi Alteram Partem — Requirement to follow established procedure — Rejection of candidature based on new grounds raised in affidavit, not originally cited, is illegal and contravenes principles of natural justice
India Law Library Docid # 2428208