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(401) 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

(402) 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

(403) 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

(404) 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

(405) 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

(406) 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

(407) 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

(408) 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

(409) 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

(410) 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

(411) 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

(412) 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

(413) 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

(414) SANTOSH BHALAVE AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 09-05-2025
Civil Procedure Code — Parties to Suit — Necessary and Proper Parties — All India Council for Technical Education (AICTE) — Where petitioners challenge a State authority’s withdrawal of benefits previously granted under AICTE regulations, and no direct relief is sought against AICTE, AICTE is neither a necessary nor proper party to the proceedings — The dispute concerns the State authority’s power to
India Law Library Docid # 2427816

(415) NEELESH @ BITTU RAIKWAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 09-05-2025
Criminal Law — POCSO Act — False Implication — Medical Evidence — Contradictions in Witness Statements — Revenge and Vengeance — Setting Aside Conviction — Where the medical evidence (DNA report, medical examination) and witness testimonies (victim’s mother, victim, and other family members) present significant contradictions, especially regarding the timing and nature of injuries, and suggest a motive of false implication due to a family rivalry, the conviction under
India Law Library Docid # 2427817

(416) BHAIYALAL ADIVASHI Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 09-05-2025
Criminal Law — Murder (IPC S. 302) vs. Culpable Homicide Not Amounting to Murder (IPC S. 304 Part II) — Single Blow — Absence of Premeditation — The court considered whether an act causing death by a single blow should be classified as murder or culpable homicide not amounting to murder, particularly when the assault was not premeditated and occurred in the heat of the moment — The court held that if
India Law Library Docid # 2427818

(417) PARIMAL SINGH GURJAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 09-05-2025
Criminal Procedure Code, 1973 — Section 193 — Cognizance by Sessions Court — When Magistrate playing only a “passive role” in committing the case — If a Magistrate merely commits a case to the Sessions Court without deciding on the merits of taking cognizance against un-charge-sheeted persons (holding that the offence is triable by Sessions Court and it will decide involvement), the Sessions
India Law Library Docid # 2427819

(418) 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

(419) 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

(420) 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