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(41) 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

(42) 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

(43) 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

(44) 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

(45) 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

(46) 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

(47) VISHNU @ GABBAR PRAHALADBHAI DANTANI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 09-05-2025
Penal Code, 1860 — Section 380 — Theft in dwelling house — Essential ingredients are commitment of theft, in a building used as a human dwelling or custody of property — Prosecution must prove accused committed theft, the building was used for dwelling or property custody, and the theft occurred within.
India Law Library Docid # 2426095

(48) MONISH CHHABRA Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 09-05-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 2(f), 12, 18, 19, 20, 21, 22, 23 — Domestic relationship — Shared household — Quashing of proceedings — Brother-in-law residing abroad — Application under Section 482 Cr.P.C. — Maintainability — Allegations of instigation and involvement in domestic violence by brother-in-law residing in Singapore — Petitioner brother of aggrieved person’s husband, thus related by marriage and falling within definition of “domestic
India Law Library Docid # 2426151

(49) NIZAME UDDIN BARBHUIYA AND OTHERS Vs. DEBASISH DUTTA AND ANOTHER[GAUHATI HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — Penal Code, 1860 — Section 420 — Cheating — Dishonour of cheque — Negotiable Instruments Act, 1881 — Section 138 — Distinct offences — Whether prosecution under Section 420 IPC and Section 138 NI Act can proceed simultaneously — Conflicting judgments of Supreme Court — Binding precedent — Ingredients of Section 420 IPC — Failure to establish dishonest intention from inception — Abuse of process — Challenge to revisional orde
India Law Library Docid # 2426152

(50) RITU RAMCHIARY Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 09-05-2025
Criminal Law — Murder — Evidence — Eyewitness testimony — Trustworthiness — Unshaken testimony of immediate relative (sister of accused and daughter-in-law of deceased) as eyewitness is reliable, especially when corroborated by other evidence
India Law Library Docid # 2426153

(51) DILIP ROY Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 09-05-2025
Penal Code, 1860 — Section 354 — Assault or criminal force to woman with intent to outrage her modesty — Evidence of victim — Corroboration — Delay in lodging FIR — Effect of — Contradictions in evidence — Material contradictions vs. minor discrepancies — Sole testimony of victim — Reliability — Whether conviction can be based on sole testimony of victim if consistent — Absence of motive for false implication — Evidence of victim suffering
India Law Library Docid # 2426154

(52) MEENA GARG AND ANOTHER Vs. NAVITA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-05-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 & Section 115 — Rejection of plaint — Grounds of insufficient court fee and limitation — Maintainability of revision by defendant — Where plaintiffs (non-executants) filed suit for declaration (challenging sale deeds dated 01.08.2017 and 17.03.2022 as fraudulent and not binding) and claimed joint possession, and defendants (petitioners) sought rejection of
India Law Library Docid # 2425632

(53) PARMAL SINGH Vs. JASWINDER KUMAR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 08-05-2025
Negotiable Instruments Act, 1881 — Sections 138 & 147 — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 (corresponding to Section 482 CrPC, 1973) — Criminal Procedure Code, 1973 — Section 320 (corresponding to Section 359 BNSS) — Compounding of offence under Section 138 NI Act — Permissibility after conviction and dismissal of appeal — Where petitioner (convicted under Section 138 NI Act and appeal dismissed) and complainant entered into out-of-court settlement (compromise deed Ann
India Law Library Docid # 2425633

(54) SANKESHIYA DEVI AND OTHERS Vs. KULWINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased skilled worker — Tribunal assessed monthly income at Rs.6,682/- — Insurance Company agreed before Lok Adalat that deceased be treated as skilled worker; minimum wages for skilled worker were Rs.9,854/- per month — High Court re-assessed income at Rs.9,854/- — Deduction (1/4th), multiplier (16), and future prospects (40% as per Pranay Sethi) applied by Tribunal maintained —
India Law Library Docid # 2425634

(55) MAMTA CHOUDHARY Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 08-05-2025
Service Law — Disciplinary Proceedings — Allegations of Financial Irregularity — Natural Justice and Procedural Fairness — Where a disciplinary proceeding results in a major penalty, a full-fledged enquiry involving show-cause notice, charge-sheet, examination of witnesses, and proper opportunity of hearing is essential and mandated by rules like the Chhattisgarh Rajya Nagarpalika (Karyapalan/Yantriki/Swasthya) Seva Bharti Tatha
India Law Library Docid # 2425686

(56) M/S JAI AMBEY EMERGENCY SERVICES (I) PVT LTD. Vs. STATE OF CHHATTISGARH AND ANOTHER[CHHATTISGARH HIGH COURT] 08-05-2025
Tender — Public Procurement — Judicial Review — Scope — Courts exercise judicial restraint in reviewing government tender processes, primarily examining the fairness of the decision-making process, not the soundness of the decision itself — Intervention is warranted if the process is mala fide, arbitrary, irrational, or affects public interest — The terms of the tender are generally within the employe
India Law Library Docid # 2425687

(57) HUKAM RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 08-05-2025
Criminal Procedure Code, 1973 — Section 397 — Criminal Revision — Scope of Interference — Revisional Court is not an appellate court and scope of interference is extremely narrow — Power vested to rectify patent defects, errors of jurisdiction or law, or perversity — Court does not dwell at length upon facts and evidence to reverse findings — Applies where decisions are grossly erroneous, lack legal compliance, findings are based on no evidence, material evidence is ignored, or judicial discreti
India Law Library Docid # 2425878

(58) SHREE MAHAVIR METALCRAFT PVT. LTD. Vs. JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Gujarat Provincial Municipal Corporation Act, 1949 — Section 141 — Municipal Taxation — Property Tax — Levy and Demand — Consolidated bills issued by Municipal Corporation challenging for period from 2013-14 to 2023-24 — Respondent Corporation concedes not enforcing demand for 2013-14 to 2017-18 — Challenge restricted to 2018-19 to 2023-24 — Statutory requirement of assessment and billing before expiry of official year — Contention that bills for later period
India Law Library Docid # 2425974

(59) M/S. BRILLIANT LIFESCIENCES PVT. LTD. Vs. GUJARAT MEDICAL SERVICE CORPORATION LTD. AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Constitution of India, 1950 — Article 226 — Special Civil Application — Debarment order — Challenge to — Scope of High Court intervention — Petitioner restricting challenge to debarment order and withdrawing challenge to contract termination and security deposit forfeiture with liberty to avail alternate remedies — High Court limiting its examination to the validity of the debarment order based on material presented — Such restricted challenge is permissible
India Law Library Docid # 2425983

(60) KHUMLABHAI KESARBHAI DHALAKIA AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 08-05-2025
Penal Code, 1860 — Section 302 (Murder) and 114 (Abettor present when offence is committed) — Criminal Appeal against conviction — Offence of culpable homicide amounting to murder — Role of accused — Evidence — Premeditation — Previous grudge between brothers over use of shared property — Accused No.1, the elder brother, came with an axe, hurled filthy language, and inflicted multiple axe blows on the deceased’s head, a vital part of the body — Accused Nos.2 and 3 (wife and daughter of Accused N
India Law Library Docid # 2425987