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(461) 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

(462) 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

(463) 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

(464) RAKESH MEHRA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Abuse of process of law — Dispute essentially civil in nature given criminal colour — High Court can quash proceedings to prevent abuse of process and secure ends of justice.
India Law Library Docid # 2432439

(465) BHARAT SINGH Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (Crpc) — Section 482 — Quashing Proceedings — Competence of High Court under Section 482 Cr.P.C. to Challenge Proceedings arising from Lok Adalat Award Deemed Decree of Civil Court — Award of Lok Adalat is Final and Binding and is deemed to be a Decree of a Civil Court under Section 21 of the Legal Services Authorities Act, 1987 — No Appeal Lies Against Such Award — Therefore,
India Law Library Docid # 2432440

(466) VAIBHAV KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 05-08-2025
Protection of Women from Domestic Violence Act, 2005 — Section 27(1)(a) — Territorial Jurisdiction — Temporary Residence — For a Magistrate to have jurisdiction based on temporary residence, the stay must demonstrate continuity and an intention to live there, not merely a short or casual visit. Mere visits for personal or family reasons do not establish temporary residence for establishing jurisdiction.
India Law Library Docid # 2432441

(467) RAKESH MEHRA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of Process — Where a civil dispute is given a criminal colour, High Court may quash proceedings to prevent abuse of process and secure the ends of justice, even if sparingly.
India Law Library Docid # 2432442

(468) MOHAN SINGH MAWRI Vs. HARIPRIYA MAWRI[UTTARAKHAND HIGH COURT] 05-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 127 — Alteration of maintenance allowance — Change in circumstances — Enhancement of maintenance is permissible on proof of change in circumstances of either party, not exclusively the recipient — Family Court has original jurisdiction to hear applications for enhancement under Section 127 Cr.P.C., even if a previous order was passed by a higher court.
India Law Library Docid # 2432443

(469) 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

(470) DELHI POLLUTION CONTROL COMMITTEE Vs. LODHI PROPERTY CO. LTD. ETC.[SUPREME COURT OF INDIA] 04-08-2025
Water (Prevention and Control of Pollution) Act, 1974 & Air (Prevention and Control of Pollution) Act, 1981 — Sections 33A & 31A — Powers of Pollution Control Boards — Imposition and collection of restitutionary or compensatory damages — Fixed sums or bank guarantees as ex-ante measure — Held, Boards empowered to levy such damages, which are incidental and ancillary to powers under these sections — Must be exercised as per subordinate legislation incorporating
India Law Library Docid # 2428329

(471) GUJARAT URJA VIKAS NIGAM LIMITED Vs. GREEN INFRA CORPORATE WIND PRIVATE LIMITED AND OTHERS ETC.[SUPREME COURT OF INDIA] 04-08-2025
Electricity Act, 2003 — Sections 61, 62, 64, 86 — Gujarat Electricity Regulatory Commission (GERC) Order No. 1 of 2010 — Determination of tariff for wind energy projects — Accelerated Depreciation — GERC order stipulated a tariff of Rs. 3.56 per kWh for projects availing accelerated depreciation and allowed case-to-case determination for projects not availing it.
India Law Library Docid # 2428330

(472) 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

(473) 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

(474) 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

(475) BHANEI PRASAD @ RAJU Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 04-08-2025
Protection of Children from Sexual Offences Act, 2012 - Section 6 - Penal Code, 1860 - Section 506 - Conviction and sentence for aggravated penetrative sexual assault on a minor daughter by her father - Interplay of victim testimony, corroborating evidence, forensic and medical records, and statutory presumption under Section 29 of POCSO Act - Affirmation of concurrent findings of trial court and high court - Special Leave Petition dismissed.
India Law Library Docid # 2428483

(476) MADHU VYAS Vs. STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 04-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Appeal against High Court order dismissing petition under Section 482 — Allegation that investigation report (charge-sheet) was not communicated to complainant — High Court failed to address this grievance, impacting complainant's right to file protest petition — Interest of justice requires fresh consideration by High Court.
India Law Library Docid # 2428484

(477) M/S. SHIKHAR CHEMICALS Vs. THE STATE OF UTTAR PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 04-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 202 — Magistrate's power to initiate magisterial inquiry — Prima facie case under Section 406 IPC requires entrustment, not mere sale — Sale transaction does not constitute entrustment.
India Law Library Docid # 2428485

(478) 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

(479) 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

(480) 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