(481) STATE OF PUNJAB Vs. GURDIT SINGH @ VISHAL AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-03-2025 Criminal Procedure Code, 1973 — Section 378(3) — Leave to Appeal Against Acquittal — An appellate court should interfere with an order of acquittal only if the findings of the trial court are perverse, contrary to law, or based on a misappreciation of evidence leading to a miscarriage of justice — The presumption of innocence is further strengthened upon acquittal. India Law Library Docid # 2425025
(482) RAMESH KUMARAN AND ANOTHER Vs. STATE THROUGH THE INSPECTOR OF POLICE AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025 Criminal Procedure Code, 1973 (CrPC) – Section 482 – Constitution of India – Article 142 – Quashing of FIR and Criminal Proceedings – Cross-Cases involving Advocates – Settlement and Apology. — In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed t India Law Library Docid # 2423916
(483) ARUN Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025 Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Appreciation of Evidence – Eyewitness Testimony – Related/Interested Witnesses & Child Witness – Reliability — Conviction for murder based solely on the ocular evidence of related/interested witnesses (deceased's father, wife, brothers) and a child witness (nephew) cannot be sustained when their testimonies are found to be completely untrustworthy and specious due to India Law Library Docid # 2423917
(484) SAMTOLA DEVI Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Family Law – Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Power of Tribunal to Order Eviction – Scope and Limitations – Sections 4, 5, 23 — While the primary object of the Senior Citizens Act, 2007, particularly Chapter II, is to provide for maintenance of parents and senior citizens, the Tribunals constituted thereunder may have the power to order eviction of children/relatives in certain circumstances — This power, not explicitly granted by the statute for general occupat India Law Library Docid # 2423918
(485) ASLAM ALIAS IMRAN Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 27-03-2025 Penal Code, 1860 (IPC) – Section 302 – Murder – Appreciation of Evidence – Reliability of Eyewitnesses – Benefit of Doubt — Conviction for murder under Section 302 IPC cannot be sustained when based solely on the testimonies of eyewitnesses (PW-1, PW-2, PW-3) whose evidence suffers from serious infirmities and fails to inspire confidence — The cumulative effect of contradictions, unnatural conduct, unexplained delay in recording statements, and potential suppression of evidence casts a serious d India Law Library Docid # 2423919
(486) R. SHASHIREKHA Vs. STATE OF KARNATAKA AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Criminal Procedure Code, 1973 – Section 482 – Penal Code, 1860 – Sections 306 and 420 – Quashing of FIR – Abetment of Suicide – Cheating – Principles for quashing – Proximity in Abetment – Sufficiency of Reasoning – The appellant challenged the High Court's order under Section 482 CrPC quashing an FIR against respondents — The allegations stemmed from the suicide of the appellant's husband, purportedly due to financial cheating, forgery, and blackmail by the respondents detailed in a death note India Law Library Docid # 2423920
(487) M/S JSW STEEL LIMITED Vs. PRATISHTHA THAKUR HARITWAL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Insolvency and Bankruptcy Code, 2016 – Section 31 – Resolution Plan – Binding Nature – Extinguishment of Claims – Statutory Dues – Clean Slate Principle – Contempt of Courts Act, 1971 – Section 2(b) – Constitution of India – Articles 129, 142 – State Tax Authorities faced contempt for demanding pre-approval taxes (Sales Tax, VAT, Entry Tax) from an SRA after NCLT approved an IBC Resolution Plan under Sec 31, despite being notified of the Ghanshyam Mishra ruling— These dues weren't in the plan — India Law Library Docid # 2423921
(488) MADHYA PRADESH ROAD DEVELOPMENT CORPORATION Vs. VINCENT DANIEL AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025 Land Law —Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 26 — Determination of Market Value — Applicability of ‘Theory of Deduction’ — Interpretation of Section 26(1) and Explanation 4 India Law Library Docid # 2423915
(489) MS. INDER PAL KAUR Vs. THE STATE OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 27-03-2025 Succession Act, 1925 — Section 299 — Civil Procedure Code, 1908 — Section 104, O. XLIII R. 1 — Appeal from Order — Probate Proceedings — Appeal challenging the dismissal of a probate petition concerning an unregistered Will dated 02.08.2009 and the concurrent upholding of an earlier registered Will dated 16.03.2005 by the Probate Court — Scope of appellate review under the relevant provisions assessed. India Law Library Docid # 2423960
(490) S M MATLOOB Vs. ASMA PARVEEN AND OTHERS[DELHI HIGH COURT] 27-03-2025 Letters Patent Appeal — Scope — Challenge to dismissal of Review Petition — Intervention Application — Present Letters Patent Appeal arises from the dismissal of a review petition by the learned Single Judge — the review petition itself sought review of an order dismissing the appellant's second application for intervention in a disposed-of writ petition. India Law Library Docid # 2423961
(491) DILIP TRIPATHI AND OTHERS Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 27-03-2025 Evidence — Hostile Witness — Evidentiary Value — Evidence Act, 1872 — Sections 145, 154 — Court observed that merely because a witness resiles from parts of police statement, entire testimony not discarded — Portions corroborating earlier testimony, if duly supported, can be relied upon — Deviations may be natural but testimony read as a whole, if truthful, can be relied upon. India Law Library Docid # 2423962
(492) CHANDRASEKHAR RAMESH GALANDE Vs. SATISH GAJANAN MULIK AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Criminal Proceedings — Scope of Interference — The High Court is justified in quashing criminal proceedings under Section 482 CrPC when, upon examination of the allegations recorded in the FIR, it concludes that the essential ingredients of the alleged offences are not made out, and the allegations amount merely to a promise or India Law Library Docid # 2424050
(493) M/S. PRARAM INFRA THROUGH ITS PARTNER SHRI PRAYANK JAIN Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 27-03-2025 Criminal Procedure Code, 1973 — Section 160 — Evidence Act, 1872 — Section 126 — Notice to Advocate — A notice issued under S. 160 Cr.P.C. to an advocate, requiring appearance and signature sample merely for verifying a signature on a notice previously sent by the advocate on behalf of the complainant to the accused, is impermissible and liable to be quashed — Such an advocate, acting solely in their professional capacity for the complainant and not involved in any illegal purpose related to the India Law Library Docid # 2424136
(494) RADHIKA KAMAL MIRANI @ RASHMI VIJAY RIJHWANI Vs. NISHA PURSHOTAM MIRANI[BOMBAY HIGH COURT] 27-03-2025 Civil Procedure Code, 1908 — Order XXXVII Rule 1(2)(b)(i) — Summary Suit — Debt or Liquidated Demand — Requirement of Written Contract — A summary suit under Order XXXVII Rule 1(2)(b)(i) of the Civil Procedure Code, 1908, seeking recovery of a debt or liquidated demand in money based on a contract, is maintainable only if such debt or demand arises “on a written contract” — The legislative history, particularly the 1966 Bombay High Court Amendment and the 1976 Central Amendment to the CPC, makes India Law Library Docid # 2424279
(495) SMT. RAJAVVA Vs. MALLESH AND ANOTHER[KARNATAKA HIGH COURT (DHARWAD BENCH)] 27-03-2025 Criminal Procedure Code, 1973 — Section 372 (Proviso) — Appeal Against Acquittal by Victim/Complainant — Scope of Appellate Review — While an appellate court hearing an appeal against acquittal (filed by the victim/complainant under the proviso to Section 372 CrPC) has full power to review, re-appreciate, and reconsider the entire evidence, it must bear in mind the double presumption of innocence favouring the accused (initial presumption plus reinforcement by acquittal) — Interference with acqu India Law Library Docid # 2424438
(496) HERITAGE FOODS (INDIA) LIMITED Vs. GOOD HEALTH AGROTECH PVT. LTD. AND OTHERS[MADRAS HIGH COURT] 27-03-2025 Trade Marks Act, 1999 — Section 12 — Honest Concurrent Use — Registration of Identical/Similar Marks — Where evidence demonstrates that the respondent adopted and commercially used the trademark ‘HERITAGE’ for specific goods (edible oils) honestly and bona fide from a date (early 1995) nearly contemporaneous with the petitioner’s commencement of commercial use of the same mark for different goods (dairy products etc., from 1993-94), such use qualifies as ‘honest concurrent use’ under Section 12, India Law Library Docid # 2424457
(497) JACOB P. PAUL @ THAMPI Vs. STATE OF KERALA[KERALA HIGH COURT] 27-03-2025 Criminal Procedure Code, 1973 — Section 239 — Discharge — Scope of Consideration — At the stage of considering an application for discharge under Section 239 CrPC, the court’s inquiry is limited to ascertaining whether a prima facie case exists against the accused based on the materials produced by the prosecution (final report and accompanying documents) — The court must proceed on the assumption that the prosecution material is true and evaluate if the facts emerging therefrom, taken at face v India Law Library Docid # 2424589
(498) KORAH A.G Vs. STATE OF KERALA[KERALA HIGH COURT] 27-03-2025 Criminal Procedure Code, 1973 — Section 173(8) — Further Investigation — Power of Magistrate — A Magistrate has the power to order further investigation under Section 173(8) CrPC at any stage before the commencement of the trial, which begins only after charges are framed — The dismissal of a discharge application under Section 239 CrPC does not extinguish this power, as the trial has not yet commenced. India Law Library Docid # 2424590
(499) MOBITHA M.M. Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 27-03-2025 Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) — Section 3(1) — Preventive Detention — Detention while in Judicial Custody — Compelling Reasons — Subjective Satisfaction — An order of preventive detention under KAAPA can be validly passed against a person already in judicial custody if the detaining authority, based on reliable materials, forms a subjective satisfaction that (a) there is a real possibility of the person being released on bail, and (b) upon such release, the person India Law Library Docid # 2424591
(500) K R JAYACHANDRAN Vs. STATE OF KERALA AND ANOTHER[SUPREME COURT OF INDIA] 27-03-2025 Bail — Anticipatory Bail — Grant by Supreme Court — Offences under IPC & POCSO Act — Factors Considered — Appellant sought anticipatory bail under S. 482 BNSS, 2023 (equivalent to S. 438 CrPC, 1973) facing serious allegations under IPC (including S. 376 provisions) and POCSO Act involving a minor child — High Court rejected the application — Supreme Court, having previously granted interim protection conditional upon cooperation with investigation, noted the appellant's submission of having appe India Law Library Docid # 2424653