(481) SHRI BALAJI MANDIR SANSTHAN AND OTHERS Vs. SANJAY LAXMAN PATHAK AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 04-08-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Grounds for Rejection — Application for rejection of plaint under Order 7 Rule 11 of CPC is to be decided on the basis of plaint averments and documents filed therewith — Allegations regarding cause of action, applicability of Contract Act, Specific Relief Act, and Maharashtra Public Trust Act are matters of disputed facts requiring India Law Library Docid # 2428353
(482) BIJENDER SINGH Vs. STATE OF U.T.(CHANDIGARH) AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-08-2025 Constitution of India, 1950 — Articles 226/227 — Writ Petition — Re-engagement of daily wager — Petitioner seeking setting aside of order rejecting his request for re-engagement after acquittal in a criminal case India Law Library Docid # 2428380
(483) S. SHAHUL HAMEED Vs. BENAZIR BANU AND OTHERS[MADRAS HIGH COURT] 04-08-2025 Specific Relief Act, 1963 — Section 16(c) — Readiness and willingness — Onus on plaintiff — Plaintiff must prove readiness and willingness to perform part of the contract even in absence of specific plea by defendant. India Law Library Docid # 2428394
(484) KIRANDEEP KAUR Vs. GURBEER SINGH[PUNJAB AND HARYANA HIGH COURT] 04-08-2025 Guardian and Wards Act, 1890 — Section 25 — Transfer of proceedings — Wife seeking transfer of case filed by husband — Grounds for transfer included apprehension of bias due to husband's sister-in-law being a practicing advocate in the same jurisdiction, leading to difficulties in engaging counsel and lack of proper assistance from existing lawyers — Court considered the convenience of the wife and the wife's apprehension of not receiving justice — Previous transfer of another case between the p India Law Library Docid # 2432368
(485) JYOTI DANDASS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 04-08-2025 BNSS, 2023 — Section 528 — Application under — Scope — Challenging Revisional Order — Revisional court exceeded jurisdiction by entering into factual adjudication of evidentiary material at stage of framing charges, which is not warranted. India Law Library Docid # 2432444
(486) RAJESH KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 04-08-2025 Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of criminal proceedings — Amicable settlement — Criminal proceedings can be quashed if the court is satisfied that the parties have settled their dispute amicably and wish to restore peace and harmony between them. India Law Library Docid # 2432445
(487) WAKIA AFRIN (MINOR) Vs. M/S NATIONAL INSURANCE CO. LTD.[SUPREME COURT OF INDIA] 01-08-2025 Motor Vehicles Act, 1988 — Section 163A — Compensation for death or injury arising out of use of motor vehicle — No-fault liability — Section 163A is a special provision with a non-obstante clause that overrides other provisions of the Act, insurance laws, and policy terms — It covers all claims, not restricted to third-party claims, without requiring proof of negligence. India Law Library Docid # 2428331
(488) S.M. SHEREEF AND OTHERS Vs. STATE OF KERALA[KERALA HIGH COURT] 01-08-2025 Prevention of Corruption Act, 1988 — Sections 13(1)(d), 13(2) — Penal Code, 1860 (IPC) — Sections 468, 477A, 120B — Criminal misconduct, forgery, falsification of accounts, criminal conspiracy — Discharge plea — Allegations of misappropriation based on a rough estimate prepared by an Assistant Executive Engineer — Prosecution did not consider bills and vouchers produced by PTA showing actual expenditure — Key persons who handled the funds (PTA President and Secretary) were made witnesses and not India Law Library Docid # 2428334
(489) M/S. AKSHARA NIWAS CONSORTIUM AND OTHERS Vs. MRS. REETA TREHAN[CALCUTTA HIGH COURT] 01-08-2025 Civil Procedure Code, 1908 (CPC) — Section 114 and Order 47 Rule 1 — Review of Judgment — Power of review is not an inherent power and cannot be exercised as an appellate power in disguise — Review is permissible only for correcting patent errors or mistakes apparent on the face of the record, discovery of new and important matters, or analogous grounds — An error that requires extensive reasoning to detect is not an error apparent on the face of the record — A party cannot seek a review India Law Library Docid # 2428335
(490) KURT MANSHARAMANI AND ORS. Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 01-08-2025 Penal Code, 1860 (IPC) — offences under BNS and IT Act — Cybercrime syndicate defrauding foreign nationals — Petitioners arrested and granted bail by Magistrate. Bail order challenged by Investigating Officer for lack of reasons and ignoring evidence. India Law Library Docid # 2428336
(491) JANARDAN NIRMAN PVT. LIMITED Vs. GANNON DUNKERLEY AND CO. LTD.[CALCUTTA HIGH COURT] 01-08-2025 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 — Setting aside ex-parte proceedings — Application for vacating ex-parte order was filed on the date fixed for hearing, not after conclusion of arguments, thus maintainable. India Law Library Docid # 2428337
(492) RAM AVTAR SHOW @ RAM ABTAR SHAW Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 01-08-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)B — Conviction for possession of Ganja — Appeal against conviction and sentence — Admissibility of evidence — Non-compliance of Section 50 NDPS Act — Search and seizure from a bag carried by accused — Held Section 50 applies to personal search of body, not to search of bag or container. India Law Library Docid # 2428338
(493) GURVINDER SINGH TOOR Vs. ROHIT MALHOTRA[DELHI HIGH COURT] 01-08-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonor of cheque — Legally enforceable debt or liability — Ingredients of Section 138 of NI Act include a cheque drawn for discharge of whole or part of any debt or other liability, which means legally enforceable debt or other liability — Presumption under Section 139 of NI Act that cheque was issued towards payment of debt or discharge of liability is attracted when India Law Library Docid # 2428339
(494) RAMESH KUMAR JAYASWAL Vs. CENTRAL BUREAU OF INVESTIGATION[DELHI HIGH COURT] 01-08-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 430 & 528 — Application for ad-interim ex-parte stay of judgment of conviction and order on sentence — Seeking suspension of conviction — Supreme Court Guidelines in Afjal Ansari v. State of Uttar Pradesh — Parameters for suspension of conviction under Section 389(1) CrPC — Peculiar facts and circumstances — Injustice or irreversible consequences India Law Library Docid # 2428340
(495) NUTAN TYAGI Vs. STATE[DELHI HIGH COURT] 01-08-2025 Penal Code, 1860 (IPC) — Sections 279 and 304A — Rash and negligent driving, causing death by negligence — Admissibility of statement of deceased eyewitness — Statement recorded by Investigating Officer (IO) but eyewitness not examined as witness — Conviction based on mechanical inspection report and circumstantial evidence — Court held that statement recorded by IO could not be substituted for evidence given in India Law Library Docid # 2428341
(496) ASI SHARMILA Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-08-2025 Constitution of India, 1950 — Articles 226/227 — Disciplinary proceedings — Scope of Interference under — High Court can only examine if enquiry is by competent authority, held according to procedure, follows principles of natural justice, or if conclusions are arbitrary or based on no evidence. India Law Library Docid # 2428319
(497) KANGANA RANAUT Vs. MAHINDER KAUR[PUNJAB AND HARYANA HIGH COURT] 01-08-2025 Penal Code, 1860 (IPC) — Sections 499/500 — Defamation — Quashing of Complaint and Summoning Order — Social Media Post (Retweet) — Allegations of lowering reputation and causing financial loss — Magistrate’s duty to consider exceptions to Section 499 IPC at the summoning stage — Non-consideration of exceptions not fatal if prima facie case established. India Law Library Docid # 2428320
(498) ASHEESH KUMAR Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 01-08-2025 Criminal Procedure Code, 1973 — Section 438 / Bharatiya Nyaya Sanhita, 2023 — Section 482 — Anticipatory Bail — Maintainability — Complaint Case — Issuance of Summons — Anticipatory bail is generally not maintainable solely upon issuance of a summons in a complaint case, even if the accusation involves a non-bailable offence, as it does not constitute apprehension of arrest by the police without a warrant India Law Library Docid # 2428322
(499) DEEVI GOPALA KRISHNA SRINIVASA AYYANGAR AND OTHERS Vs. STATE OF AP AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-08-2025 Constitution of India, Article 226 — Writ of Mandamus — Cooperative Societies Act, 1964 — Failure to repay matured fixed deposits — Action of respondents in not taking steps for repayment of maturity amounts of fixed deposits declared illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution. India Law Library Docid # 2428323
(500) KARUTURI CYRIL BABU Vs. THOTA VENKATA SATYANARAYANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 01-08-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation for accidents — Awards by Motor Accidents Claims Tribunal (MACT) — Enhancement of compensation — Appeals filed against MACT awards for motor accident claims — Claimants contended that compensation awarded was inadequate and did not properly consider injuries, medical expenses, and other factors — Court considered evidence including wound certificates, medical bills, discharge summaries, and doctor's testimony — Held that MACT had failed to pr India Law Library Docid # 2428324