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(601) RUCHITA AGNIHOTRI Vs. JAGDISH PRASAD AND OTHERS[MADHYA PRADESH HIGH COURT] 04-11-2025
Hindu Succession Act, 1956 — Section 8, Section 9, and Schedule (Class I Heirs) — Succession to a Hindu male dying intestate — Devolution of property — When a Hindu male dies intestate, the estate devolves simultaneously and equally upon all Class I heirs — If the deceased died issuess, the wife and the mother are Class I heirs and are entitled to equal shares (per capita and as tenants-in-common) in the self-acquired property of the
India Law Library Docid # 2435698

(602) SACHIN Vs. HON’BLE THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT OF JABALPUR AND OTHERS[MADHYA PRADESH HIGH COURT] 04-11-2025
Service Law — Appointment — Rejection of Candidature — Suppression of material information — Non-disclosure of involvement in a criminal case at the time of initial application — Subsequent disclosure in the verification form — Whether every non-disclosure of criminal involvement is an absolute bar to appointment — Principles for assessing suitability established by Supreme Court in Avtar Singh and reiterated in
India Law Library Docid # 2435699

(603) UTTAM CHAND MUDIA Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 04-11-2025
Writ Petition — High Level Caste Scrutiny Committee — Judicial Review — Challenge to decision of High Level Caste Scrutiny Committee regarding caste status (Mudia-ST vs. Mudaha-OBC) — Petitioners initially issued Scheduled Tribe (ST) certificates for Mudia tribe but later disputed by State Government claiming petitioners belonged to Other Backward Classes (OBC) Mudaha caste on grounds that no Mudia ST
India Law Library Docid # 2435700

(604) M.J.J. SHARMA AND CO. Vs. M/S. CHOPARA TYRES AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-11-2025
Madhya Pradesh Accommodation Control Act, 1961 — Section 12(1)(b) — Eviction on grounds of unlawful subletting or parting with possession — Essential ingredients — Requirement for proving subletting necessitates establishing both: (i) exclusive right of possession or interest in the premises transferred to a third party, and (ii) that the transfer was in exchange for monetary compensation or rent — Mere presence of a person other than the tenant, multiple business names, or signboards related to
India Law Library Docid # 2435701

(605) SMTNANDA AMRUTPIRDURKAR AND ANOTHER Vs. PRINCE RAJAK AND ANOTHER[MADHYA PRADESH HIGH COURT] 04-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 394(2) — Abatement of Appeal on Death of Accused — Effect on Trial Court Judgment — An appeal filed by an accused (convicted under Section 138 of N.I. Act with simple imprisonment and compensation, but no fine) that abates upon the death of the accused does not nullify or extinguish the judgment of conviction and sentence passed by the Trial Court. The Trial Court's
India Law Library Docid # 2435702

(606) SHAIK ABDUL VAHID @ VAHID AND OTHERS Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 04-11-2025
Criminal Law — Abduction/Kidnapping for Ransom (Section 364-A IPC) vs. Kidnapping (Section 364 IPC) — Conversion of conviction — Evidence must unequivocally establish the commission of kidnapping coupled with a demand for ransom and threat to life to prove the charge under Section 364-A IPC — Where the demand for ransom (Rs. 1 Crore) was belatedly reported to the police (after two days) and was
India Law Library Docid # 2436208

(607) VANUKURI SRIKANTH Vs. V. SRI LAKSHMI AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-11-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Revisional Jurisdiction — Scope of interference in maintenance orders — High Court, in exercise of revisional powers, should not ordinarily undertake in-depth re-examination and re-appreciation of evidence already considered by the Trial Court (Family Court) unless there is a clear non-appreciation of evidence, appreciation of inadmissible evidence, or a
India Law Library Docid # 2436209

(608) SHEIKH MEHMOOD AND OTHERS Vs. UT OF J&K & ANR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 04-11-2025
Criminal Procedure — Framing of Charge and Discharge — Scope of Judicial Review — A Judge must sift and weigh evidence only to determine if a prima facie case exists, or if grave suspicion, which is unexplained, is raised against the accused
India Law Library Docid # 2436270

(609) KEHAR SINGH AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 04-11-2025
Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 — Section 2(e), 5, 6, 12, 15, 20 — Jammu and Kashmir Brick Kiln (Regulation) Rules, 2017 — Rule 3, 4 — Scope of Licensing Requirement — Applicability to Dealers — Challenging seizure of vehicles transporting imported bricks and imposition of penalties — The Act and Rules establish a comprehensive regulatory framework covering manufacture, sale, storage, and distribution of bricks within the Union Territory. Section 2(e) defines
India Law Library Docid # 2436271

(610) ABDUL MOIED Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Offences including Sections 147, 148, 149, 307, 332, 353, 395, 427, 435, 120B IPC; Prevention of Damage to Public Property Act, 1984, Section 3/4; and Unlawful Activities (Prevention) Act, 1967 (UAPA), Section 15/16 — Appellant implicated in violence, rioting, and arson during demolition of illegal construction (Malik-ka-Bagicha, Haldwani) — Initial FIRs
India Law Library Docid # 2436502

(611) KRISHNA @ BASU Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-11-2025
Penal Code, 1860 (IPC) Sections 376(3), 506 — Protection of Children from Sexual Offences (POCSO) Act, 2012 — Sections 5(l) and 6 — Conviction for aggravated sexual assault upon a minor — Evidence — Assessment of Evidence — Material contradictions in the testimonies of key prosecution witnesses (PW1, PW3, PW5) regarding the date, manner, and circumstances of the alleged incident (sexual assault and giving tuition)
India Law Library Docid # 2436503

(612) THE VISAKHAPATNAM PORT TRUST AND OTHERS Vs. THE ANDHRA PETROCHEMICALS LIMITED AND OTHERS[ANDHRA PRADESH HIGH COURT] 03-11-2025
Tenders and Contracts — Award of Contract — Judicial Review — Scope — Highest bidder does not acquire any indefeasible right to have the auction concluded in its favour — State or its instrumentalities have the right to refuse the highest/lowest bid and cancel the tender process — Judicial review is concerned with the decision-making process not the merits of the decision — Cancellation of tender process must not be arbitrary, actuated by mala fides, or vitiate statutory provisions — Visakhapatn
India Law Library Docid # 2436223

(613) DOMMETI SRI CHARAN Vs. STATE OF ANDHRA AND ANOTHER[ANDHRA PRADESH HIGH COURT] 03-11-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Penal Code (IPC), 1860 — Sections 420, 493, 312, 376 r/w 34 — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r) and relevant section — Anticipatory Bail — Consideration for anticipatory bail under Section 482 BNSS — Accused facing charges including rape based on promise to marry and SC/ST Act
India Law Library Docid # 2436224

(614) GURUVENDAPALLI NAGARAJU Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 03-11-2025
Criminal Law — Proof — Circumstantial Evidence — Penal Code (IPC), 1860 — Sections 302, 201, and 498-A — Essential requirements of a case based on circumstantial evidence are the complete proof of the chain of events and the motive — Failure of the prosecution to prove the chain of circumstances and the motive of the accused beyond a reasonable doubt warrants acquittal.
India Law Library Docid # 2436225

(615) KORRA KONDABABU Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 03-11-2025
Criminal Law — Penal Code (IPC), 1860 — Section 302 — Murder — Conviction and Sentence — Standard of Proof — Appreciation of Evidence — Ocular evidence (PW1) must be trustworthy and consistent with medical evidence — Evidence of Sole Eyewitness (PW1) found unreliable due to significant delay in lodging First Information Report (FIR), which reached the Magistrate late (03.11.2014 incident, 12.00 noon
India Law Library Docid # 2436226

(616) LAXMI RANI DAS AND ANOTHER Vs. ANJALI DAS AND ANOTHER[CALCUTTA HIGH COURT] 03-11-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Amendment of written statement — Proviso clause — Amendment sought after commencement of trial — Applicability of proviso — Inordinate delay and absence of due diligence — Court's jurisdiction — Amendment in written statement can be allowed
India Law Library Docid # 2435145

(617) FRANCOM VENTURES (OPC) PVT. LTD. Vs. SHAMPA DAS AND OTHERS[CALCUTTA HIGH COURT] 03-11-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Plaintiff must demonstrate continuous readiness and willingness to perform essential terms of the contract from the date of the contract — Onus of proof lies on the plaintiff — Amendment to Section 16(c) omits necessity to aver in plaint but still requires proof of
India Law Library Docid # 2435146

(618) STATE OF PUNJAB Vs. AMARJIT KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Interference standard — Acquittal orders should not be interfered with lightly as presumption of innocence is strengthened by acquittal — Interference is warranted only in compelling circumstances where findings are perverse, unreasonable, or
India Law Library Docid # 2435207

(619) ANUJ SHARMA Vs. STATE OF RAJASTHAN THROUGH PP AND OTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-11-2025
Penal Code, 1860 (IPC) — Section 497 — Adultery — Constitutional Validity — Section 497 IPC declared unconstitutional by Supreme Court in Joseph Shine v. Union of India — Violates Articles 14, 15 and 21 of the Constitution — This declaration operates retrospectively, invalidating all pending prosecutions under this section.
India Law Library Docid # 2435175

(620) DALIP SINGH Vs. BALJIT AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-11-2025
Punjab Courts Act, 1918 — Section 41 — Regular Second Appeal — Scope — In Punjab and Haryana, second appeals are treated as appeals under Section 41 of the Punjab Courts Act, 1918, not under Section 100 of the Code of Civil Procedure — No substantial question of law arises for framing in such appeals based on established legal propositions.
India Law Library Docid # 2435264

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