ive
User not Logged..
Latest Cases

(501) VEMULA SRINIVASA RAO Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 27-03-2025
Criminal Law — Circumstantial Evidence — Standard of Proof — Panchsheel Principles — In cases based on circumstantial evidence, the prosecution must establish a complete chain of evidence that unerringly points towards the guilt of the accused and excludes every possible hypothesis of innocence — Each circumstance must be fully proved, consistent only with guilt, and conclusive in nature.
India Law Library Docid # 2424775

(502) T. UDAYKUMAR Vs. RAVICHANDRAN AND OTHERS[SUPREME COURT OF INDIA] 27-03-2025
Land Acquisition Act, 1894 — Acquisition by State Housing Board — Determination of acquired area — Clerical error in order mentioning acquired land as 4.05 acres instead of 4.95 acres rectified by reference to compensation amount awarded, which corresponded to 4.95 acres — Title vested with Housing Board upon valid acquisition — Subsequent sale deeds executed by erstwhile owners or their successors are void ab initio as sellers lacked title — Ratification deed purporting to
India Law Library Docid # 2424801

(503) CHIMAKURTHI NAGA VENKATA SAI KIRAN Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 27-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 482 (Anticipatory Bail) [Corresponding to Cr.P.C., S. 438] — Nature and Scope — Exercise of Power — The power to grant anticipatory bail under Section 482 of BNSS is an extraordinary judicial remedy that must be exercised sparingly, with caution and circumspection, and only in exceptional circumstances where a clear case is made out — It is not to be granted as a matter of routine. The court must consider various factors including the nat
India Law Library Docid # 2424817

(504) NATHU RAM AND OTHERS Vs. LILA DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Succession Act, 1925 — Section 63(c) — Execution and Attestation of Will — A Will is validly executed if signed/thumb-marked by the testator and attested by at least two witnesses who witness the testator’s signature/mark or receive personal acknowledgment thereof, and who sign in the testator’s presence — There is no requirement for attesting witnesses to disclose the place or specific time of execution or attestation, nor must they sign the scribe’s register — The deposition of attesting witn
India Law Library Docid # 2425019

(505) JORA SINGH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Basis for Summoning — The power to summon additional accused under Section 319 Cr.P.C. must be exercised judiciously based on evidence recorded during the trial that indicates a strong likelihood of the proposed accused having committed the offence. (Para 17)

B. Criminal Procedure Code, 1973 — Section 319 — Consideration of Evidence — Before summoning additional accused, the trial court is obliged to consider and discuss the complete relevant mat
India Law Library Docid # 2425020

(506) GIAN CHAND GARG Vs. HARPAL SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Negotiable Instruments Act, 1881 — Sections 118 & 139 — Presumption of Consideration and Debt — Once the signature on a cheque is admitted or proved, the court shall presume, unless the contrary is proved, that the cheque was made for consideration and received by the holder for the discharge of a legally enforceable debt or liability — The burden to rebut these presumptions shifts to the accused
India Law Library Docid # 2425021

(507) OM PARKASH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Standard for Summoning — The power to summon additional accused under Section 319 Cr.P.C. is discretionary and extraordinary, to be used sparingly only when strong and cogent evidence emerges during trial indicating a degree of complicity greater than required for framing charge, though short of that needed for conviction.
India Law Library Docid # 2425022

(508) NOOR MOHAMMED @ SHAHBAZ @ SIKENDER AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 27-03-2025
Penal Code, 1860 — Sections 120B, 364A, 342 — Criminal Conspiracy — Kidnapping for Ransom — Wrongful Confinement — Proof — A charge of criminal conspiracy (Section 120B) to commit offences like kidnapping for ransom (Section 364A) and wrongful confinement (Section 342) can be established by proving the hatching of the conspiracy and acts done in furtherance thereof through consistent testimonies of witnesses (including accomplices/approvers, if corroborated), seizure evidence, identification evi
India Law Library Docid # 2425210

(509) REKHA SHARAD USHIR Vs. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD[SUPREME COURT OF INDIA] 26-03-2025
Negotiable Instruments Act, 1881 (NI Act) — Section 138 — Criminal Procedure Code, 1973 — Sections 200, 203, 204 — Suppression of Material Facts in Complaint — Abuse of Process of Law — Duty of Magistrate — Filing a complaint under Section 138 of the NI Act while deliberately suppressing material facts and documents constitutes an abuse of the process of law, disentitling the complainant to seek justice — Where the accused, upon receiving the statutory demand notice, had sent letters demanding c
India Law Library Docid # 2423908

(510) THE CHIEF OFFICER, NAGPUR HOUSING AND AREA DEVELOPMENT BOARD (A MHADA UNIT) AND OTHERS Vs. MANOHAR BURDE[SUPREME COURT OF INDIA] 26-03-2025
Consumer Protection Act, 1986 — Housing — Delay in Possession — Refund — Rate of Interest — Reasonableness — When possession of an allotted flat/plot is significantly delayed by a development authority/housing board and the home buyer opts for a refund, the buyer is entitled to a refund of the deposited amount with reasonable interest thereon — Interest @ 9% p.a., as awarded by the NCDRC considering the entirety of facts, was held to be fair and reasonable — The High Court's enhancement of inter
India Law Library Docid # 2423909

(511) STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION CHENNAI CITY-I DEPARTMENT Vs. G. EASWARAN[SUPREME COURT OF INDIA] 26-03-2025
Criminal Procedure Code, 1973 — Sections 482 and 397(3) — Quashing of Proceedings — Inherent Powers after Dismissal of Revision — Scope and Limitations — While the bar under Section 397(3) CrPC does not completely curtail the High Court's inherent power under Section 482 CrPC, this power must be exercised sparingly, cautiously, and only to prevent miscarriage of justice or correct procedural irregularities, especially when a revision petition against the same order has already been dismissed by
India Law Library Docid # 2423910

(512) DQS CERTIFICATION INDIA PVT.LTD. Vs. ISACA INC. AND OTHERS[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rules 10 and 11 read with S. 151 — Rejection/Return of Plaint — Application by Defendant No.1 — Instant application filed by defendant No.1 seeking rejection/return of plaint instituted by Indian plaintiff, citing lack of territorial jurisdiction of the High Court of Delhi based on an exclusive jurisdiction clause within the governing License Agreement favouring foreign courts and principles of forum non conveniens.
India Law Library Docid # 2423963

(513) SHASMITH TECHNOLOGIES PRIVATE LIMITED Vs. MAX HEALTHCARE INSTITUTE LIMITED[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Commercial Courts Act, 2015 — Section 12A — Rejection of Plaint — Pre-institution Mediation — Petition challenges Trial Court's order dismissing defendant/petitioner's application under Order 7 Rule 11 CPC seeking rejection of a commercial suit on the ground of non-compliance with mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015
India Law Library Docid # 2423964

(514) M/S DEWAN CHAND Vs. THE CHAIRMAN CUM MANAGING DIRECTOR AND ANOTHER[DELHI HIGH COURT] 26-03-2025
Arbitration — Appointment of Arbitrator — Procedural History — Successive Petitions — Withdrawal of Prior Petitions — The present petition represents the petitioner's third attempt to seek appointment of an arbitrator under Section 11 — The first petition was dismissed as withdrawn with liberty granted to file afresh— The second petition was subsequently filed and later dismissed as withdrawn unconditionally, without any liberty being granted to file afresh.
India Law Library Docid # 2423965

(515) PARMESHWAR KUMAR BAGGA Vs. AVINASH BAGGA[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Section 151, Section 144 — Consent Decree — Application for Setting Aside — Challenge to Dismissal — Petition filed under Article 227 challenging Trial Court's order dated 20.09.2022, which dismissed petitioner/plaintiff's application seeking setting aside of a consent decree passed on 01.07.2022 in a suit for possession and mesne profits against his brother.
India Law Library Docid # 2423966

(516) GAJENDRA SINGH Vs. REENA BALMIKI AND ANOTHER[SUPREME COURT OF INDIA] 26-03-2025
Family Law — Maintenance — Criminal Procedure Code, 1973 (CrPC) — Section 125 — Protection of Women from Domestic Violence Act, 2005 — Section 23 — Appeal arose initially from the High Court's dismissal of a Criminal Revision filed by the appellant-husband — The husband sought adjustment of maintenance awarded under S. 125 Cr.P.C. against the higher maintenance subsequently awarded under the DV Act — The High Court had upheld the lower courts' view that the S. 125 Cr.P.C. amount was considered w
India Law Library Docid # 2424001

(517) VINOD RAGHUVANSHI Vs. AJAY ARORA[MADHYA PRADESH HIGH COURT] 26-03-2025
Criminal Procedure Code, 1973 — Section 391 — Additional Evidence in Appeal — Scope and Limitations — The power vested in the appellate court under Section 391 Cr.P.C. to take additional evidence is discretionary and must be exercised sparingly — It is primarily intended for situations where the party seeking to adduce evidence was prevented from doing so during the trial despite due diligence, or where new facts necessitating such evidence came to light later — The core objective is to ensure j
India Law Library Docid # 2424137

(518) SENIOR GENERAL MANAGER (CELLULAR) THROUGH ITS AUTHORIZED OFFICER MR. MRUGESHKUMAR JAYANTILAL SHAH AND OTHERS Vs. RAJAT SINGH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025
Service Law — Disciplinary Proceedings — Unauthorized Absence — Wilfulness — While unauthorized absence from duty does not always equate to wilful absence, especially if caused by compelling circumstances beyond the employee's control, the principle requiring the disciplinary authority to establish wilfulness (Krushna Kant B Parmar) is not an absolute rule — In cases of prolonged unauthorized absence, particularly where leave applications were rejected or not sanctioned, and the employee fails t
India Law Library Docid # 2424138

(519) GOPAL KRISHNA Vs. ANANDPALSINGH S/O GYANPALSINGH DECEASED THROUGH LRS DEEPAK SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025
Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale — Interpretation of Document — A document titled "Shartiya Frokhtnama" containing an explicit condition for reconveyance upon repayment of the consideration amount within a specified period (five years) constitutes a mortgage by conditional sale under S. 58(c), not an outright sale — The interpretation considers the specific terms embedded within the document itself, the legal maxim "once a
India Law Library Docid # 2424139

(520) YADWINDER SINGH Vs. LAKHI ALIAS LAKHWINDER SINGH & ANR. ETC[SUPREME COURT OF INDIA] 26-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 319 — Power to Summon Additional Accused — Basis — Evidence During Trial — Examination-in-Chief — The power under Section 319 CrPC to proceed against any person not arraigned as an accused is triggered if it appears from the evidence during the course of any inquiry or trial that such person has committed an offence — This "evidence" refers to material recorded by the court, including statements made during examination-in-chief — The court is not re
India Law Library Docid # 2424111