(781) THE DY. COMMISSIONER OF INCOME TAX, 1(1) RAIPUR Vs. RAIPUR DEVELOPMENT AUTHORITY[CHHATTISGARH HIGH COURT] 15-04-2025 Income Tax Act, 1961 — Section 2(15) — Charitable purpose — Advancement of any other object of general public utility — Proviso to Section 2(15) applicable from 1-4-2009 and subsequent amendments — Statutory authorities — Urban Development Authority — Assessee, a statutory authority constituted under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973, for planning, development, and land use — Duty to implement development plans, prepare town development schemes, and acquire/develop land fo India Law Library Docid # 2425677
(782) STATE OF J&K Vs. ISHTIYAQ ALI[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-04-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Reappreciation of evidence — Standard of review in appeal against acquittal is not to interfere unless the judgment is perverse, manifestly erroneous or occasions a miscarriage of justice — Trial court’s meticulous appreciation of evidence and detailed reasons for acquittal, including absence of credible evidence regarding abetment of suicide, upheld India Law Library Docid # 2425800
(783) ABDUL SATTAR Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-04-2025 Public Safety Act, 1978 (J&K) — Section 8 — Preventive Detention — Stale Incidents — Live Link — A detention order based on incidents that are too remote in time from the date of the order lacks a live and proximate link between the past conduct and the imperative need for detention — FIR registered over two years prior to the detention order, where the detenue was already enlarged on bail, cannot form the basis for preventive India Law Library Docid # 2425801
(784) VIPULBHAI MANSINHBHAI CHAUDHARY AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 15-04-2025 Criminal Procedure Code, 1973 — Sections 397, 482, 227 and 216 — Prevention of Corruption Act, 2018 — Section 13 — Penal Code, 1860 — Sections 408, 409, 120(B), 114, 201 — Revision against framing of charge — Scope of interference by High Court — Order framing charge India Law Library Docid # 2426037
(785) MANOJKUMAR RAMANBHAI PATEL AND ANOTHER Vs. NONE[GUJARAT HIGH COURT] 15-04-2025 Family Courts Act, 1984 — Section 19 — Appeal against judgment and decree of Family Court — Jurisdiction — Suit for declaration of marital status under Sections 7(A) and 7(B) of the Act read with Hindu Marriage Act, 1955 Sections 3 and 29 — Dismissal of suit challenged — Appellants sought declaration of legal and valid marriage since 26.10.2001 — Family Court’s findings India Law Library Docid # 2426055
(786) MOHAMMADALI MOHAMMADHUSEN GANDHI Vs. HURBANU AND OTHERS[GUJARAT HIGH COURT] 15-04-2025 Civil Procedure Code, 1908 — Order 43 Rule (1)(r) — Appeal against discretionary order — Scope of High Court’s interference — Limited power to interfere only in exceptional circumstances; where discretion is exercised arbitrarily, capriciously, perversely, or against settled legal principles — Appellate Court cannot substitute its own discretion or re-assess evidence if two views are possible — Focus should be on perversity rather than mere error — Perversity shown in understanding of law, appre India Law Library Docid # 2426056
(787) STATE BANK OF INDIA Vs. SRI BIRESH CHANDRA GANGOPADHYAY[TELANGANA HIGH COURT] 11-04-2025 Criminal Procedure Code, 1973 — Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528] — Quashing of Cognizance Order and Proceedings — Scope of Inquiry — Abuse of Process — Political Rivalry — In exercising inherent powers under Section 482 CrPC (S. 528 BNSS), particularly when factors like potential political rivalry or ulterior motives are alleged, the Court is not limited to accepting the charge sheet averments at face value. It can scrutinize the accompanying materials, witnes India Law Library Docid # 2424835
(788) M/S. HEINEN AND HOPMAN ENGINEERING (I) PVT. LTD. Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 11-04-2025 Payment of Wages Act, 1936 — Section 2(vi) — Definition of ‘Wages’ — Pension — Non-Contributory Scheme — Pension payable to an employee under a non-contributory scheme (funded solely by the employer) established under the terms of employment (express or implied) falls within the primary definition of ‘wages’ under Section 2(vi) of the Payment of Wages Act, 1936 — It constitutes remuneration payable in respect of employment or work done, becoming due upon fulfilment of conditions like termination India Law Library Docid # 2425165
(789) RAKESH SINGH AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 11-04-2025 Penal Code, 1860 (IPC) — Sections 141 and 149 — Unlawful Assembly & Common Object — Common object, the purpose/design shared by members of an assembly of five or more, is key for vicarious liability under Section 149. It can be formed instantaneously and inferred from acts, arms, and behaviour. Mere presence is insufficient; actuation by the common object is required India Law Library Docid # 2425329
(790) AVINASH MURAV Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-04-2025 Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Indian Penal Code, 1860 — Section 363 — Kidnapping — Section 365 — Kidnapping or abducting with intent secretly and wrongfully to confine person — Section 366-A — Procuration of minor girl — Protection of Children from Sexual Offences Act, 2012 — Sections 5(L), 6 — Aggravated Penetrative Sexual Assault on child, Punishment for aggravated penetrative sexual assault — Appeal against conviction and sentence for offenses in India Law Library Docid # 2425678
(791) BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AND OTHERS Vs. SMT. RITA DEVI AND OTHERS[CHHATTISGARH HIGH COURT] 11-04-2025 Motor Vehicles Act, 1988 — Sections 2(21), 2(15), 3(1), 10(2)(d), 10(2)(e) — Light Motor Vehicle — Gross Vehicle Weight vs. Unladen Weight — Driving Licence Validity — Driver holding Licence for Light Motor Vehicle (LMV) class — Whether authorized to drive Transport Vehicle with Gross Vehicle Weight exceeding 7500 kg without specific endorsement — Section 2(21) defines LMV considering Gross Vehicle Weight for transport vehicles and Unladen Weight for motor car, tractor, road-roller — Section 2(1 India Law Library Docid # 2425679
(792) ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS MANAGER Vs. SHANEEZ AKHTER AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-04-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against Motor Accidents Claim Tribunal Award — Maintainability — Appeal under Section 173 of the Motor Vehicles Act, 1988 against an award granting compensation for death in a road accident — Grounds of challenge include alleged violation of permit conditions, policy conditions regarding carrying capacity, lack of proof of deceased’s income as skilled labourer, and improper assessment of monthly income and overall compensation — Court finds no basi India Law Library Docid # 2425798
(793) KARAM CHAND AND OTHERS Vs. UNION TERRITORY OR JAMMU AND KASHMIR THROUGH COMMISSIONER AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-04-2025 Jammu and Kashmir Agrarian Reforms Act, 1976 — Section 21 — Limitation — Delay in filing appeal — Mutation orders passed in 1983 — Appeal filed in 2023 (after 37+ years) — Appellate Authority’s order condoning delay without requiring formal application or sufficient explanation of the inordinate delay is unsustainable in law — Exercise of discretion under Section 5 of Limitation Act must be judicious and based on specific facts and circumstances — Negligence, inaction, or lack India Law Library Docid # 2425799
(794) GHULAM HUSSAIN AND OTHERS Vs. STATE OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-04-2025 Criminal Appeal — Setting Aside of Conviction and Sentence — Grounds for Appeal — False implication, unfounded allegations, misappreciation of evidence, material contradictions, lack of judicial mind, partisan witnesses, failure to appreciate defence evidence, non-examination of crucial witnesses, unnatural and tutored testimony. India Law Library Docid # 2425809
(795) KASHISH GULYANI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 11-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22 — Conviction and Sentence — Rigorous Imprisonment for Ten Years and Fine — Parole Application — Filed after undergoing 2 years, 7 months, and 25 days of India Law Library Docid # 2425894
(796) AMIT DAS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 11-04-2025 Appointment and Continuance in Service — Provisional Appointment — Condition Precedent — Verification of Documents — Termination — Principles of Natural Justice — Advertisement terms — Employee’s service stated to be provisional and subject to satisfactory verification of caste certificate and other documents — Appointment offer deemed withdrawn or cancelled automatically if documents found false/fake/incorrect — Termination forthwith without further reasons for false SC certificate claim India Law Library Docid # 2426233
(797) SHRIRAM GENERAL INSURANCE COMP LTD. Vs. ALLAPURAJU SUJANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025 Motor Vehicles Act, 1988 — Section 166 — Negligence — Appreciation of Evidence — Eyewitness Testimony vs. Police Reports In adjudicating claims under Section 166, the finding of negligence must be based on a preponderance of probabilities — Direct eyewitness testimony, particularly from credible witnesses like police officers who were inmates of a vehicle involved in the accident, is to be given significantly more weightage and credence than contents of police investigation documents like the In India Law Library Docid # 2424827
(798) SMT. SOMURI RAVALI Vs. SOMURI PURNACHANDRA RAO[TELANGANA HIGH COURT] 10-04-2025 Arbitration and Conciliation Act, 1996 — Sections 2(1)(e)(i), 11(6), 29A(4) & (5) — Jurisdiction for Extension of Arbitrator’s Mandate — Domestic Arbitration — High Court Appointment — In a domestic arbitration where the Arbitrator was appointed by the High Court exercising power under Section 11(6) of the Act, the exclusive jurisdiction to entertain an application for extension of the Arbitrator’s mandate under Section 29A(4) or (5) vests solely with the High Court — Consequently, a Commercial India Law Library Docid # 2424837
(799) MOHAMMAD DASTAGIR KHAN @ ASIF Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 10-04-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Sections 15 & 19 — Two-Stage Assessment for Trying Child as Adult — The Act mandates a two-stage process when determining if a child aged 16-18, alleged to have committed a heinous offence, should be tried as an adult: (i) A preliminary assessment by the Juvenile Justice Board (JJB) under Section 15 regarding the child’s mental and physical capacity, ability to understand consequences, and circumstances of the offence; and (ii) A sub India Law Library Docid # 2424845
(800) ISKA VIJAYA KUMAR REDDY Vs. N.VIJAYA KRISHNA AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025 Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Pleading and Proof — In a suit for specific performance of an agreement of sale, the plaintiff must mandatorily plead and prove continuous readiness and willingness to perform their part of the contract from the date of the agreement until the date of hearing/decree Readiness pertains to financial capacity, while willingness pertains to conduct — A mere statement in the plaint or affidavit asserting readiness is insufficient India Law Library Docid # 2424890