(981) JALAL UDDIN SHEIKH Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 02-09-2025 Constitution of India, 1950 — Article 226 — Powers of High Court — Writ Petition assailing suspension order and seeking reinstatement and enhanced subsistence allowance. Petitioner arrested for alleged bribery, subsequently placed under suspension pending disciplinary proceedings. Petitioner challenges the suspension order on the grounds of prolonged duration and non-compliance with review requirements as per Supreme Court guidelines and government India Law Library Docid # 2433127
(982) JAGDISHBHAI HARIBHAI PATEL THROUGH POA SHAH RAJESHKUMAR CHANDRAVADAN Vs. LH OF DECD. RAMANLAL SHANKARLAL PATEL AND OTHERS[GUJARAT HIGH COURT] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Limitation — Suppression of material facts — Court can look at documents produced by defendant in application under Order 7 Rule 11 if plaintiff suppresses material facts — Suppression of relevant documents constitutes abuse of process of law and disentitles party from relief — Suit filed after significant delay, beyond prescribed limitation period, is liable to be rejected — Plaintiff's failure to disclose all relevant India Law Library Docid # 2433137
(983) AJAY SINGH Vs. STATE OF ODISHA[ORISSA HIGH COURT] 02-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 167(2) — Default Bail — Right to default bail is a fundamental right and is a part of the procedure established by law. This indefeasible right accrues on the expiry of the stipulated period for completing investigation without filing a chargesheet. India Law Library Docid # 2433160
(984) SURENDRA KUMAR SAHU Vs. STATE OF ODISHA (VIG.)[ORISSA HIGH COURT] 02-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of process of court — Prevention of Corruption Act, 1988 — Sections 7 and 12 — Allegation of demand and acceptance of bribe. The High Court can quash proceedings if the allegations, taken at face value, do not constitute an offence, or if the proceedings are manifestly attended with mala fide or are instituted with an ulterior motive for vengeance. India Law Library Docid # 2433161
(985) BIKASH BEHURA Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 02-09-2025 Penal Code, 1860 (IPC) — Section 493 — Cohabitation caused by deceitful inducement of belief of lawful marriage — Essential ingredients are deceit, belief of lawful marriage, and subsequent cohabitation or sexual intercourse — No allegation that accused made victim believe she was lawfully married — Offence under Section 493 not made out. India Law Library Docid # 2433162
(986) M/S. NISHANT ROADLINES Vs. UNION OF INDIA AND OTHERS[JHARKHAND HIGH COURT] 02-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Grounds for Relief — Declaration that a Management Plan for Sustainable Mining does not have the force of law and cannot be applied to non-forest areas; Quashing of rejection of Environment Clearance application; Mandamus to grant Environment Clearance. India Law Library Docid # 2433397
(987) MOHD. TANVEER Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 02-09-2025 Constitution of India, 1950 — Article 22(1) — Right to be informed of grounds of arrest — Mandatory requirement — Failure to communicate grounds of arrest in writing to the arrested person renders the arrest and subsequent custody illegal and vitiated — Supreme Court judgments in Pankaj Bansal and Vihaan Kumar cases reiterated. India Law Library Docid # 2432342
(988) CHANDRA SINGH SELLA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 02-09-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 451, 457 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 51, 60 — Release of seized vehicle — No specific bar under NDPS Act for interim release of vehicle used for transporting contraband — Court can invoke general powers under Cr.P.C. for return of seized vehicle pending final decision — Trial court has discretion to release vehicle, exercised in accordance with law based on facts and circumstances of each case. India Law Library Docid # 2432343
(989) RAMACIVIL INDIA CONSTRUCTION PVT. LTD. Vs. NBCC (INDIA) LIMITED[DELHI HIGH COURT] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Order VII Rule 11 — Rejection of plaint — Defendant sought rejection of plaint on the grounds that Supreme Court order dated 10.06.2020 barred any legal proceedings concerning Amrapali projects except before the Supreme Court itself. India Law Library Docid # 2434308
(990) PANKAJ AGGARWAL Vs. MEENAKSHI DUBEY[DELHI HIGH COURT] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Order XIV Rule 2(2) — Preliminary Issues — Court can decide a preliminary issue only if it is a pure question of law and relates to the jurisdiction of the Court or a bar to the suit. Issues involving disputed questions of fact, or mixed issues of law and fact, cannot be decided as preliminary issues. India Law Library Docid # 2434309
(991) UNITED INDIA INSURANCE COMPANY LTD Vs. ROOP CHANDAND OTHERS[DELHI HIGH COURT] 02-09-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against award of Motor Accident Claims Tribunal — Insurance Company challenging quantum of compensation — Grounds raised were grant of future prospects and multiplier — Award passed prior to Pranay Sethi judgment — Held, law declared by Supreme Court operates from inception and applies to pending matters unless expressly made India Law Library Docid # 2434311
(992) HINDUSTAN LATEX FAMILY PLANNING PROMOTION TRUST Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 01-09-2025 Jurisdiction of High Court — Review powers — High Court, as a court of record, has inherent powers to correct its own errors, which are plenary in nature. However, review powers are circumscribed by Order 47 Rule 1 and Section 114 of CPC. Review is not a re-hearing and only patent errors can be corrected. India Law Library Docid # 2432212
(993) K.KRISHNASAMY PANDIAN Vs. THE STATE OF TAMIL NADU[MADRAS HIGH COURT (MADURAI BENCH)] 01-09-2025 Limitation Act, 1963 — Section 5 — Condonation of delay — Sufficient cause — Petitioner sought to condone a delay of 342 days in filing a criminal revision petition — Petitioner claimed the delay was due to his cardiac condition and medical treatment — Court found the explanation unsatisfactory and lacked supporting medical documents — The Court emphasized the need for a reasonable, bona fide India Law Library Docid # 2432214
(994) HAREESH @ HARISHKUMAR Vs. A.S.UMESH AND OTHERS[KARNATAKA HIGH COURT] 01-09-2025 Civil Procedure Code, 1908 (CPC) — Order 26 Rule 10A — DNA Test — Presumption of Legitimacy under Section 112 of Indian Evidence Act — High Court quashes order directing DNA test, observing that such tests cannot be ordered as a matter of course and must be based on strong prima facie case satisfying Section 112, balancing right to privacy and dignity. India Law Library Docid # 2432215
(995) SRI G.SATYANARAYANA VARMA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 01-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Second petition on grounds available in first petition — Subsequent petitions are not maintainable if grounds were available but not raised in the first petition, unless there is a demonstrable change in circumstances. India Law Library Docid # 2432216
(996) KARNATAKA STATE MEDICAL SUPPLIES CORPORATION LIMITED Vs. PLASTI SURGE INDUSTRIES PVT. LTD.[KARNATAKA HIGH COURT] 01-09-2025 Civil Procedure Code, 1908 (CPC) — Section 47 — Question to be determined by the executing court — Arbitral award — Grounds for challenging an arbitral award are limited to Section 34 of the Arbitration and Conciliation Act, 1996 — Objections that could have been raised under Section 34 cannot be raised in execution proceedings under Section 47 of the CPC — Attempting to challenge an award in execution is impermissible and frustrates the purpose of the Arbitration Act — The Act is a self-contain India Law Library Docid # 2432217
(997) VALLEPALLI SUBBA RAO AND OTHER Vs. KONDAREDDY LAKSHMIPATHI DIED THROUGH LRS AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-09-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Jurisdiction — High Court cannot re-appreciate evidence or substitute its opinion for that of the lower appellate court unless findings are erroneous, contrary to mandatory provisions of law, pronouncements of Apex Court, or based on inadmissible/no evidence. India Law Library Docid # 2432218
(998) THE NATIONAL INSURANCE COMPANY LTD Vs. PAIDIKALVA MARIYAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-09-2025 Motor Vehicles Act, 1988, Section 166 — Motor Vehicles Rules, 1989 (A.P.), Rule 252 — Motor Accidents Claims Tribunal — Compensation — Liability of Insurance Company — Tractor used as goods vehicle — Carrying of passengers — Violation of policy terms and conditions — Rule 252 prohibits carrying persons in goods vehicle beyond seating capacity or in a manner that endangers them — India Law Library Docid # 2432219
(999) THE STATE OF A.P., REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD Vs. REDDOLLA KURUVA SIDDA REDDY AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378(1) & (3) — Appeal against acquittal — Powers of Appellate Court — Appellate Court should not interfere with acquittal unless the lower court's approach is vitiated by manifest illegality, conclusions are unreasonable, or there's a perverse appreciation of evidence — Merely because another view is possible does not permit upsetting the acquittal judgment. India Law Library Docid # 2432220
(1000) MUKESH GAKKHAR AND OTHERS Vs. LAXMINARAYAN SAHU AND OTHERS[MADHYA PRADESH HIGH COURT] 01-09-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation for death and injury — Enhancement of compensation — Deceased's future prospects calculated at 50% instead of 30% as per Pranay Sethi judgment for age group 40-50 years — Multiplier of 11 used instead of 13 as per Sarla Verma judgment for age group 46-50 years — Funeral expenses and loss of estate awarded at Rs. 5,000/- each, should be Rs. 18,150/- as per India Law Library Docid # 2432523