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(961) VINOD KUMARI Vs. STATE AND OTHERS[RAJASTHAN HIGH COURT] 03-09-2025 Penal Code, 1860 (IPC) — Section 494 — Bigamy — Ingredients — To convict for bigamy, prosecution must prove: (1) a valid and subsisting marriage at the time of the alleged second marriage, and (2) performance of another marriage with essential ceremonies and customary rites recognized under personal law. Mere cohabitation or assertions of living together are insufficient India Law Library Docid # 2432729
(962) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Vs. SMT. MALATHI B. AND OTHERS[KARNATAKA HIGH COURT] 03-09-2025 Karnataka Electricity Board Employees' Service Regulations, 1966 — Regulation 171(b)(ii) — Withholding of pensionary benefits — Departmental proceedings — Cannot be instituted after four years from the event — Show cause notice issued in 2019, but no disciplinary proceedings commenced until retirement in 2023 — More than seven years passed since the incident — Retirement benefits cannot be withheld indefinitely due to India Law Library Docid # 2432739
(963) IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. FICUS PAX PRIVATE LIMITED[KARNATAKA HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Order 11 Rule 1(10) — Production of documents by defendant — Leave of court required for documents not disclosed with written statement — Leave can be granted only upon establishing reasonable cause for non-disclosure — Negligence or inadvertence is not considered reasonable cause. India Law Library Docid # 2432782
(964) PR. COMMISSIONER OF INCOME TAX CENTRAL AND OTHERS Vs. M/S. ATRIA WIND (KADAMBUR) PVT. LTD.[KARNATAKA HIGH COURT] 03-09-2025 Income Tax Act, 1961 — Sections 153A, 132, 143(3), 47(xiii) — Assessment in case of search or requisition — Reassessment under Section 153A — Requirement of incriminating material — Supreme Court decision in CIT v. Abhisar Buildwell (P) Ltd. followed — Assessment or reassessment under Section 153A cannot be made in absence of incriminating material found during a search under Section 132 or requisition under India Law Library Docid # 2432783
(965) SRI ANABATHULA RAJASHEKAR Vs. SMT. VANGARI SUSHMA[TELANGANA HIGH COURT] 03-09-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Allegations of physical abuse and severe mental agony by husband caused to wife — Wife expressed no possibility of compromise or settlement — Husband's claim of reunion based on "fantasy" and "happy memories" not believed — Court found no ground to interfere with trial court's order allowing divorce based on irreconcilable differences and cruelty. India Law Library Docid # 2433041
(966) B. PAPA RAO Vs. THE CHIEF EXECUTIVE OFFICER, (CEO) TPWODL, BURLA, SAMBALPUR AND OTHERS[ORISSA HIGH COURT] 03-09-2025 Constitution of India, 1950 — Articles 226, 227 — Writ Petition — Family Pension — Nominee Change — Retired employee sought change of nominee for family pension to his second wife after his first wife's death and remarriage — Rejection order cited Pension Rules as not permitting change of nominee after retirement — High Court directed change of nominee, finding rejection illegal. (Para India Law Library Docid # 2433190
(967) BEDABYAS BEHERA Vs. STATE OF ODISHA[ORISSA HIGH COURT] 03-09-2025 Wild Life (Protection) Act, 1972 — Section 39(1)(d) — Vehicles, weapons, etc., used in commission of offence become Government property — This vesting is not absolute at the seizure stage and does not preclude judicial scrutiny or interim release orders from the Magistrate. India Law Library Docid # 2433191
(968) DILIP KUMAR AND OTHERS Vs. MOHD. SHAKIL KHAN AND OTHERS[CHHATTISGARH HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Section 115 — Revisionary powers — Suit abated due to death of a plaintiff — Trial court wrongly dismissed the suit as abated without properly conducting inquiry under Order 22 Rule 5 CPC — Such dismissal is an error of jurisdiction and law, thus revisable. India Law Library Docid # 2433271
(969) GUHA SINGH Vs. SMT. KIRAN JANGDE[CHHATTISGARH HIGH COURT] 03-09-2025 Hindu Marriage Act, 1955 — Section 13(1)(i) and (ia) — Divorce — Cruelty — Desertion — Marriage solemnized on 11.02.2010, one daughter born, parties residing separately since 2011 — Husband sought divorce on grounds of cruelty and desertion by wife — Wife filed cases under Section 498-A IPC and Domestic Violence Act, husband and family acquitted in criminal case — Wife denied husband’s allegations of her non-cooperative attitude and disrespect to his parents — Wife alleged demand for dowry and India Law Library Docid # 2433272
(970) SMT. KEJIYA BAI SINCE DEAD THROUGH LRS. Vs. ASHWANI KUMAR SAHU AND OTHERS[CHHATTISGARH HIGH COURT] 03-09-2025 Hindu Succession Act, 1956 — Section 6 (as amended in 2005) — Coparcenary property — Daughter's right — Daughters become coparceners by birth with same rights and liabilities as sons. India Law Library Docid # 2433273
(971) HERO ECOTECH LIMITED AND OTHERS Vs. HERO CYCLES LIMITED AND OTHERS[PATNA HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 — Order 39 Rule 2A — Consequence of disobedience or breach of injunction — Procedure — Application filed under Order 39 Rule 2A must be registered as a miscellaneous judicial case as per Rule 459(a)(xii) of the Patna High Court Civil Court Rules — Trial court order initiating contempt proceedings without instituting a separate miscellaneous case and without following prescribed procedure is bad in India Law Library Docid # 2433107
(972) LALITESHWAR KUMAR SINHA Vs. THE WELFARE HOUSING COOPERATIVE SOCIETY LTD. AND OTHERS[PATNA HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Order 22 Rule 4(2) — Right of substituted defendant to file defence — While a substituted defendant has the right to file a defence appropriate to their character as a legal representative of the deceased, this right must be exercised within the time limits prescribed by Order VIII Rule 1 of the Code for filing a written statement. India Law Library Docid # 2433108
(973) TRACTORS AND FARM EQUIPMENT LIMITED Vs. STANDARD CORPORATION INDIA LIMITED TRACTOR DIVISION[MADRAS HIGH COURT] 03-09-2025 Copyright Act, 1957 — Section 14(c)(i) — Artistic work — Reproduction in material form — Depiction in three dimensions of a two-dimensional work — Claim that defendant produced tractor parts by copying plaintiff's drawings — While indirect copying is covered, mere reproduction of parts from drawings does not automatically constitute infringement if functional aspects and prescribed standards are involve India Law Library Docid # 2433110
(974) MD. NISANUL ISLAM BARBHUIYA @ LISANUL BARBHUIYA Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 03-09-2025 Protection of Children from Sexual Offences Act, 2012 — Section 10 — Penal Code, 1860 (IPC) — Section 354A(i)(iii) — Conviction of appellant for offences under POCSO Act and IPC — Appeal against conviction — Appreciation of evidence — Discrepancies in victim's testimony and FIR — Father's evidence not implicating appellant for sexual assault — Inconsistencies affecting reliability of victim's statement — Benefit of doubt India Law Library Docid # 2433124
(975) MD. JIAUR RAHMAN @ KALA AND OTHERS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 03-09-2025 Penal Code, 1860 (IPC) — Section 376 read with Section 511 — Attempt to commit rape — Revisional powers of High Court — High Court in revision can exercise powers of an Appellate Court under Section 401 Cr.PC and can alter sentence if lower court's decision is perverse, illegal, or based on incorrect application of law — Revisional powers are not for re-appreciation of evidence but to ascertain correctness or legality of lower court's findings — Interference only warranted if findings are wholly India Law Library Docid # 2433125
(976) SHRI DILIPBHAI LAXMANBHAI KANANI AND ANOTHER Vs. SHRI KSHITIJBHAI MANUBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 — Order 43 Rule 1(r) — Appeal from Order — Scope of Appellate Interference in discretionary orders — An appellate court’s power to interfere with a trial court’s discretionary order granting or refusing an interlocutory injunction is limited. Interference is only permissible in exceptional circumstances, such as when the discretion exercised is arbitrary, capricious, or perverse, or when the trial court has ignored established legal principles. The appellate court shou India Law Library Docid # 2433129
(977) R. SESHASAYEE AND OTHERS Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Second complaint on same facts after previous dismissal and confirmation in revision amounts to abuse of process — Earlier complaint dismissed on merits, not on technical grounds — Filing fresh complaint, even with company as accused, does not revive dismissed claims against directors — Criminal process India Law Library Docid # 2433159
(978) ATUL GUPTA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Quashing of Orders — Release of Vehicle — Petitioner sought quashing of orders refusing release of vehicle confiscated in connection with ivory sale — Vehicle detained by forest authorities after apprehension of three persons with ivory — Petitioner, registered owner, sought interim release citing deterioration of vehicle — Orders of respondent authorities rejecting India Law Library Docid # 2432340
(979) DEVENDRA SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of process of court — High Court has inherent power to quash criminal proceedings that are essentially civil in nature to prevent abuse of process or secure ends of justice — Revisional Court correctly quashed summoning order as proceedings were initiated after a civil dispute regarding ownership of a firm was established and a Civil India Law Library Docid # 2432341
(980) NEW INDIA ASSURANCE CO LTD Vs. RATAN HALDAR AND OTHERS[DELHI HIGH COURT] 03-09-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against award — Remand of case — Award passed by Tribunal exceeded the scope of remand order from the High Court — High Court had remanded the case only for re-examining the extent of disability and its impact on earning capacity, not for re-adjudicating other aspects like liability and recovery rights. India Law Library Docid # 2434303