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(81) BISHAMBER Vs. DWARKI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-08-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of plaint — Application for amendment seeking to challenge a prior judgment and decree and mutation, which were not challenged in the original suit — Amendment would change the nature of the suit and amount to a de novo trial — Defendants would lose a valid defence and plaintiffs would withdraw a clear admission that conferred a right on the other side — Amendment disallowed.
India Law Library Docid # 2428391

(82) AJAZ AHMED Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU & KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 05-08-2025
Jammu & Kashmir Public Safety Act, 1978 — Section 8(3)(b) — Preventive Detention — Grounds of Detention — Reliance on Past Conduct — Validity — Detention order based on cases registered in prior years (2022, 2023) can be valid if there is a live and proximate link to the need for preventive detention to maintain public
India Law Library Docid # 2428392

(83) SIVAKUMAR Vs. SUPERINTENDENT OF POLICE VIGILANCE & ANTI CORRUPTION BUREAU AND OTHERS[KERALA HIGH COURT] 05-08-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) read with Section 13(2) — Penal Code, 1860 (IPC) — Section 34 — Demand and acceptance of illegal gratification — Ingredients for offence under Sections 7 and 13(1)(d) of PC Act require prior demand and subsequent acceptance of illegal gratification — Proof of demand and acceptance is a sine qua non — Demand can be proved by direct or circumstantial evidence — Mere acceptance without demand is not sufficient — Prior
India Law Library Docid # 2428393

(84) NEW INDIA ASSURANCE COMPANY LTD. Vs. BIMLA DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 05-08-2025
Employees Compensation Act, 1923 — Section 30 — Appeal by insurer against award of compensation — Death of driver in accident — Whether insurer liable — Held, insurer cannot be absolved of liability merely because driving licence of deceased was not produced, especially when insurer also failed to lead evidence to prove breach of policy conditions.
India Law Library Docid # 2428396

(85) SHRI SHYAM SINGH Vs. SHRI ASHA RAM[HIMACHAL PRADESH HIGH COURT] 05-08-2025
Civil Procedure Code, 1908 (CPC) — Order 8, Rule 1-A(3) — Production of documents by defendant — Requirements for seeking leave to produce documents after filing written statement — Application must explain reasons for non-production at appropriate stage and identify possession/power of documents — Failure to satisfy these requirements leads to dismissal of application.
India Law Library Docid # 2428397

(86) LAVNISH KUMAR Vs. RANJANA KUMARI[HIMACHAL PRADESH HIGH COURT] 04-08-2025
Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Powers of Magistrate — Magistrate must apply mind to ascertain if allegations constitute a cognizable offence before ordering investigation — Mere filing of an application does not mandate a police investigation — Magistrate should only direct investigation if necessary for uncovering evidence not available to the complainant and where justice
India Law Library Docid # 2428321

(87) VIMAL Vs. SUB DIVISIONAL OFFICER, AHMEDNAGAR AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-08-2025
Mamlatdars' Courts Act, 1906 - Section 5(2) - Orders passed by Mamlatdars are summary in nature and do not decide rights finally.

B.  Mamlatdars' Courts Act, 1906 - Sections 22 & 23 - Orders passed by Mamlatdar or Collector in revision are subject to Civil Court's decree or order. Jurisdiction of Civil Court is not barred either expressly or by necessary implication
India Law Library Docid # 2428354

(88) SMT. MARIYA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 04-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Prolonged pre-trial detention — Petitioner incarcerated for nearly two years without conviction — Trial proceeding at a slow pace with significant evidence yet to be presented — Implies an indeterminate period of further detention, impacting fundamental rights like speedy trial and personal liberty under Article 21 of the Constitution.
India Law Library Docid # 2428375

(89) GURNEK SINGH Vs. KAMALJIT SINGH[PUNJAB AND HARYANA HIGH COURT] 04-08-2025
Proof of Agreement to Sell — Lower courts found Agreement to Sell proved by witnesses who attested to its execution and receipt of earnest money — Deed writer's register corroborated the agreement.
India Law Library Docid # 2428377

(90) SETTI CHANDRA RAO Vs. SETTI SURYAKANTAM AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-08-2025
Civil Procedure Code, 1908 (CPC) — SECTION 100 — Second Appeal — SCOPE — High Court’s jurisdiction in second appeal is confined to substantial questions of law and cannot re-appreciate evidence against findings of lower courts unless findings are perverse or contrary to evidence
India Law Library Docid # 2428349

(91) SANTOSH ANIL KOLHE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-08-2025
Maharashtra Scheduled Tribes (Claim Verification) Rules, 2000 — Section 7(2) — Power to recall/review order — Scrutiny Committee — No express power of review — Whether inherent power to recall exists on grounds of fraud or misrepresentation — Conflict among Division Benches of High Court.
India Law Library Docid # 2428352

(92) SACHIN MALPANI AND OTHERS Vs. NILAM PATIL AND OTHERS[BOMBAY HIGH COURT] 04-08-2025
Maharashtra Apartment Ownership Act, 1970 — Section 10 — Maintenance Charges — Levy of maintenance charges proportionate to undivided share — General Body Resolution for equal maintenance charges challenged by apartment owners — Deputy Registrar directed proportionate levy based on undivided share — Co-operative Court upheld Deputy Registrar’s order — Writ Petition against Co-operative
India Law Library Docid # 2428315

(93) SHRI BALAJI MANDIR SANSTHAN AND OTHERS Vs. SANJAY LAXMAN PATHAK AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-08-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Grounds for Rejection — Application for rejection of plaint under Order 7 Rule 11 of CPC is to be decided on the basis of plaint averments and documents filed therewith — Allegations regarding cause of action, applicability of Contract Act, Specific Relief Act, and Maharashtra Public Trust Act are matters of disputed facts requiring
India Law Library Docid # 2428353

(94) BIJENDER SINGH Vs. STATE OF U.T.(CHANDIGARH) AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-08-2025
Constitution of India, 1950 — Articles 226/227 — Writ Petition — Re-engagement of daily wager — Petitioner seeking setting aside of order rejecting his request for re-engagement after acquittal in a criminal case
India Law Library Docid # 2428380

(95) S. SHAHUL HAMEED Vs. BENAZIR BANU AND OTHERS[MADRAS HIGH COURT] 04-08-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and willingness — Onus on plaintiff — Plaintiff must prove readiness and willingness to perform part of the contract even in absence of specific plea by defendant.
India Law Library Docid # 2428394

(96) S.M. SHEREEF AND OTHERS Vs. STATE OF KERALA[KERALA HIGH COURT] 01-08-2025
Prevention of Corruption Act, 1988 — Sections 13(1)(d), 13(2) — Penal Code, 1860 (IPC) — Sections 468, 477A, 120B — Criminal misconduct, forgery, falsification of accounts, criminal conspiracy — Discharge plea — Allegations of misappropriation based on a rough estimate prepared by an Assistant Executive Engineer — Prosecution did not consider bills and vouchers produced by PTA showing actual expenditure — Key persons who handled the funds (PTA President and Secretary) were made witnesses and not
India Law Library Docid # 2428334

(97) M/S. AKSHARA NIWAS CONSORTIUM AND OTHERS Vs. MRS. REETA TREHAN[CALCUTTA HIGH COURT] 01-08-2025
Civil Procedure Code, 1908 (CPC) — Section 114 and Order 47 Rule 1 — Review of Judgment — Power of review is not an inherent power and cannot be exercised as an appellate power in disguise — Review is permissible only for correcting patent errors or mistakes apparent on the face of the record, discovery of new and important matters, or analogous grounds — An error that requires extensive reasoning to detect is not an error apparent on the face of the record — A party cannot seek a review
India Law Library Docid # 2428335

(98) KURT MANSHARAMANI AND ORS. Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 01-08-2025
Penal Code, 1860 (IPC) — offences under BNS and IT Act — Cybercrime syndicate defrauding foreign nationals — Petitioners arrested and granted bail by Magistrate. Bail order challenged by Investigating Officer for lack of reasons and ignoring evidence.
India Law Library Docid # 2428336

(99) JANARDAN NIRMAN PVT. LIMITED Vs. GANNON DUNKERLEY AND CO. LTD.[CALCUTTA HIGH COURT] 01-08-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 — Setting aside ex-parte proceedings — Application for vacating ex-parte order was filed on the date fixed for hearing, not after conclusion of arguments, thus maintainable.
India Law Library Docid # 2428337

(100) RAM AVTAR SHOW @ RAM ABTAR SHAW Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 01-08-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)B — Conviction for possession of Ganja — Appeal against conviction and sentence — Admissibility of evidence — Non-compliance of Section 50 NDPS Act — Search and seizure from a bag carried by accused — Held Section 50 applies to personal search of body, not to search of bag or container.
India Law Library Docid # 2428338