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(901) SATYAVEER SINGH POONIA AND OTHERS Vs. SUDESH KUMAR SAINI AND OTHERS[RAJASTHAN HIGH COURT] 08-07-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Court must decide if the plaint discloses a cause of action based on averments and relied-upon documents — Rejection is based on face value of the plaint, not the strength of arguments.
India Law Library Docid # 2428761

(902) STATE OF RAJASTHAN Vs. RAKESH KUMAR @ PAPPU AND OTHERS[RAJASTHAN HIGH COURT] 08-07-2025
Penal Code, 1860 (IPC) — Sections 302, 201, 34, 120B, 25 of Arms Act — Appeal against acquittal — Appellate court's scope of interference limited, requiring illegality, perversity or error in trial court's judgment — Acquittal upheld due to significant discrepancies in prosecution's case, including untrustworthy eyewitnesses, unexamined material witnesses, procedural lapses, and inconsistencies
India Law Library Docid # 2428762

(903) YEDDULA BUSI REDDY AND OTHERS Vs. R IMMANUEL AND OTHERS[ANDHRA PRADESH HIGH COURT] 08-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — An appeal under Section 100 CPC can only be admitted if the High Court is satisfied that a substantial question of law arises. A substantial question of law affects the rights of parties and is either open, not finally settled by superior courts, not free from difficulty, or warrants discussion of alternative views. The High Court cannot investigate grounds of findings by the first appellate court when two
India Law Library Docid # 2427625

(904) PULARI VENKAT RAO AND OTHERS Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 08-07-2025
Constitution of India, 1950 — Articles 14, 16, 21, 226 — Transfer of Government Servants — Judicial Review — Scope — Transfers are an ordinary incident of service — Judicial interference is limited to cases involving mala fides, violation of statutory provisions, or transfers being detrimental to an employee holding a transferable post — Unless these specific grounds are established, courts generally do not interfere
India Law Library Docid # 2427626

(905) NAGANI AKRAM MOHAMMAD SHAFI AND OTHERS Vs. THE UNION OF INDIA, THROUGH ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, MUMBAI, MUMBAI ZONAL OFFICE, ZONE-II, MUMBAI[BOMBAY HIGH COURT] 08-07-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Enforcement Directorate — Scheduled Offences — Repeal and Re-enactment of Indian Penal Code, 1860 (IPC) by Bharatiya Nyaya Sanhita, 2023 (BNS) — The PMLA’s Schedule, which previously listed IPC offences as “scheduled offences” (predicate offences), is not rendered ineffective or otiose by the replacement of the IPC with the BNS. The references to IPC offences in the PMLA Schedule are considered dynamic and should
India Law Library Docid # 2427627

(906) DATTATRAY LAXMAN DESAI AND OTHER Vs. DEPUTY COLLECTOR AND COMPETENT AUTHORITY, KOLHAPUR URBAN AGGLOMERATION, KOLHAPUR.[BOMBAY HIGH COURT] 08-07-2025
Urban Land (Ceiling and Regulation) Act, 1976 — Sections 20, 21 — Exemption and Scheme Sanction — Allotment of tenements to Government Nominees — Prospective Application of Shantistar Builders Judgment — The Supreme Court’s decision in M/s. Shantistar Builders (Supra), which modified guidelines regarding the percentage of tenements to be handed over to the government (reducing it to 5% from
India Law Library Docid # 2427628

(907) MUSTKEEN @ MOTA Vs. THE STATE GOVT.OF NCT OF DELHI[DELHI HIGH COURT] 08-07-2025
Penal Code, 1860 — Section 302 — Murder — Active Participation/Facilitation of Offence — Role of Accused — Even if the accused did not inflict the fatal blows, actively restraining the deceased while the co-accused stabbed him constitutes active participation and facilitation in the commission of the offence — This role is considered significant and not merely peripheral or passive, as it prevented the victim
India Law Library Docid # 2427629

(908) JITENDRA @ JIGO @ JIGNESHBHAI BHAILALBHAI PARMAR Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 08-07-2025
Penal Code, 1860 — Section 302 (Murder), Section 397 (Robbery, or Dacoity, with Attempt to Cause Death or Grievous Hurt), Section 201 (Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender) — Conviction and Sentence — Appellant convicted and sentenced to life imprisonment under Section 302, and seven years rigorous imprisonment for Sections 397 and 201.
India Law Library Docid # 2427630

(909) DALIP SINGH AND ANOTHER Vs. KHATRI RAM AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-07-2025
Civil Procedure Code, 1908 — Order XXVI Rule 9 and Section 151 — Appointment of Local Commissioner — Suit for damages due to alleged damage to house — Application for appointment of Local Commissioner at appellate stage for expert inspection and report on building condition, location, age, and materials — Such appointment is permissible even at a belated stage, especially in cases where permanent damage is alleged, to assist the Court in reaching a just conclusion and
India Law Library Docid # 2427631

(910) SHIRGUL FILLING STATION Vs. KAMAL SHARMA[HIMACHAL PRADESH HIGH COURT] 08-07-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Complaint by Proprietorship Concern — Locus Standi of Complainant — A complaint under Section 138 NI Act must be filed by the ‘payee’ or ‘holder in due course’. In the case of a proprietorship concern, where the complaint is filed by an individual claiming to be the proprietor, it is essential to prove documented ownership of the proprietorship concern. A mere statement or affidavit without documentary
India Law Library Docid # 2427632

(911) VENUGOPAL KRISHNAMURTHY AND OTHERS Vs. SMT. M. TEJASWINI AND OTHERS[KARNATAKA HIGH COURT] 08-07-2025
Civil Procedure Code, 1908 — Order 6 Rule 16 — Striking out pleadings — Order 39 Rule 10 — Deposit of rent — Section 151 — Inherent powers of the Court — Breach of Court Orders — Non-payment of rent — Where a tenant repeatedly and wilfully defies court orders to deposit arrears of rent, despite opportunities and appeals, the court has the power to strike off their defence.
India Law Library Docid # 2427633

(912) REENA N Vs. STATE OF KERALA[KERALA HIGH COURT] 08-07-2025
Prevention of Corruption Act, 1988 — Section 17A — Requirement of prior approval for inquiry/investigation against public servant — Scope of ‘on the spot’ arrest exception (first proviso) — Where a public servant (Sub Registrar A2) is alleged to have conspired with another (Peon A1) to demand and accept a bribe, and the bribe money is accepted by A1 after a signal from A2, and both are arrested from the office (spot of occurrence), the exception under the first proviso to Section 17A
India Law Library Docid # 2427634

(913) M/S MAN INDUSTRIES (INDIA) LTD. Vs. INDUSTRIES COMMISSIONER, COMM. AND IND.DEP AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-07-2025
Madhya Pradesh Goods and Service Tax Act, 2017 (MPGST Act) — Sections 6 & 7 — Exemption from tax — Notification No. A-3(1)-95-ST-V (43) dated 06.06.1995 — Non-Resident Dealer (NRI Unit) — Eligibility — Conditions for exemption for a “new industrial unit” — Requirement of fresh NRI investment — Where an existing “Saw Pipe Division” of a company was granted Non-Resident Dealer (NRI Unit) status based on NRI investment meeting the 26% equity criteria, and subsequently, a
India Law Library Docid # 2427635

(914) NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. NIRMAL KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-07-2025
National Highways Act, 1956 — Section 3G(2) — National Highways Act, 1956 — Section 3G(1) — Compensation for acquisition of land and easementary rights — Entitlement of landowners to enhanced easement amount — Where initial award of compensation by the Competent Authority for Land Acquisition (CALA) included easement amount under Section 3G(2) and was never challenged by the acquiring authority (NHAI), and subsequently the compensation for the acquired land was
India Law Library Docid # 2427636

(915) THE SUPERINTENDENT OF POLICE, JAIPUR CITY Vs. JAI LAL BAIRWA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 08-07-2025
Service Law — Probation — Termination during probation — Concealment of material facts (criminal case pendency) — Natural Justice — Article 311(2) of Constitution of India, 1950 — Where the stated reason for termination of a probationer is unsatisfactory performance, but the actual reason, as admitted in written statement, is concealment of material facts (criminal case pendency) at the time of appointment, such termination becomes punitive and stigmatic — In such
India Law Library Docid # 2427637

(916) SMT. MANJU SAINI Vs. SUBHASH SAINI[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 07-07-2025
Hindu Marriage Act, 1955 — Section 13(1A)(ii) — Divorce — Restitution of Conjugal Rights — Decree of restitution of conjugal rights not complied with for one year or more — Such non-compliance is a sufficient ground for divorce.
India Law Library Docid # 2428614

(917) DILBAGH SINGH AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 07-07-2025
Penal Code, 1860 (IPC) — Sections 148, 147, 307, 149, 27 — Conviction — Appeal against — Reduction of sentence — Appellants convicted for offences under Sections 148, 147, 307 IPC and Section 27 Arms Act — Appeal filed mainly on the ground of reducing the sentence awarded by the trial court — Appellants submitted that incident is of 1989, they have suffered agony of protracted trial of 36 years, and injuries were not
India Law Library Docid # 2428763

(918) RAKHI SHARMA Vs. GIRIJA SHANKAR SHARMA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 07-07-2025
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Dissolution of marriage — Wife filed for divorce alleging husband's cruelty, including physical abuse, dowry demand, impotence, and alcoholism — Husband denied allegations and stated wife filed false criminal cases — Family Court dismissed wife's application — High Court allowed wife's appeal, setting aside Family Court's judgment — Court found husband admitted
India Law Library Docid # 2428615

(919) DIWAKAR NATH TRIPATHI Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 07-07-2025
Criminal Procedure Code, 1973 — Section 156(3) — Power of Magistrate to direct investigation — Scope and Exercise of Discretion — Magistrate has discretionary power to order police investigation into a cognizable offence disclosed in an application; this power must be exercised cautiously and with judicial mind, especially to filter out baseless or false allegations, ensuring that genuine cases
India Law Library Docid # 2427608

(920) PAMIDIKALVA MADHUSUDHAN Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 07-07-2025
Criminal Procedure — Sections 480 and 483, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Bail application — Offence under Sections 409, 420, 477A, 120B read with 34 IPC — APPSC Group-I Mains Examination irregularities – Role of private agency (Accused No.2) in manual evaluation.
India Law Library Docid # 2427609