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(101) NITIN RAMESH GARJE Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 09-07-2025
Prevention of Corruption Act, 1988 — Sections 7(a), 12, 13(1), 13(2) — Anticipatory Bail — Rejection — Grounds for — Applicant, an Additional Tehsildar, sought pre-arrest bail for alleged corruption offenses. Allegations include demand and acceptance of bribes through agents (private persons) for official work (mutation entries). Evidence presented: a successful trap operation, CCTV footage showing the Applicant receiving cash from agents, and previous similar cases/inquiries (including
India Law Library Docid # 2427701

(102) M/S. BASSEIN METALS PVT. LTD. Vs. THE NATIONAL SMALL INDUSTRIES CORPN. LTD.[BOMBAY HIGH COURT] 09-07-2025
Companies Act, 1956 — Section 433(e) — Winding Up — Inability to Pay Debts — Principles for Winding Up — A company may be wound up if it is unable to pay its debts — The court will not act on a defense that the company has the ability to pay a debt but chooses not to pay it if the debt is undisputed — If the exact amount of an undisputed debt is in question, the court may still order winding up without precise quantification — A winding-up order is appropriate if the company’s defense is not in
India Law Library Docid # 2427702

(103) M/S. POONAWALLA ESTATE STUD & AGRICULTURAL FARM Vs. COMMISSIONER OF INCOME TAX[BOMBAY HIGH COURT] 09-07-2025
Income Tax Act, 1961 — Section 41(1) — Profitable Chargeable to Tax — Mutual Exclusivity of Income Heads — Receipts from Insurance Claims — Capital Assets — Horses — Where horses were treated by the Revenue as capital assets, insurance claims received on their death cannot be taxed as ‘profits’ under Section 41(1) of the Income Tax Act, 1961. The heads of income under the Act are mutually exclusive, and income falling under one specific head cannot be shifted to another head merely
India Law Library Docid # 2427703

(104) STATE OF WEST BENGAL AND OTHERS Vs. EASTERN PAPER MILLS LIMITED AND OTHERS[CALCUTTA HIGH COURT] 09-07-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Maintainability — Specific Performance of Contract — Delay and Laches — While the Limitation Act, 1963, in its entirety, does not strictly apply to writ petitions, delay and laches are crucial considerations for their maintainability and entertainability. Courts are reluctant to entertain writ petitions where the claim is otherwise time-barred.
India Law Library Docid # 2427704

(105) RATAN KUMAR DAS @ RATAN DAS AND OTHERS Vs. THE STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR/Proceedings — Indian Penal Code, 1860 — Section 498A (Cruelty by Husband or Relatives of Husband) — General and Vague Allegations — Absence of Specific Role — Allegations of cruelty against in-laws found to be general, omnibus, and lacking specific details regarding the mode, manner, date, or time of physical or mental
India Law Library Docid # 2427705

(106) MARIAM BIBI AND OTHERS Vs. ASGARI KHATOON AND OTHERS[CALCUTTA HIGH COURT] 09-07-2025
Tenancy Law – Declaration of Tenancy Rights – Exclusive Tenancy Claim – Burden of Proof – Plaintiffs’ claim of exclusive tenancy through their predecessor, Noor Mohammed, was not established – Evidence, including rent receipts initially in joint names and later admissions by Noor Mohammed, indicated joint tenancy from inception, devolving to heirs of original co-tenants, Kopline and Maqbool – Plaintiffs
India Law Library Docid # 2427706

(107) M/S SITA RAM IRON FOUNDRY AND ENGINEERING WORKS Vs. HINDUSTAN TECHNOCAST (P) LTD. AND ANR.[DELHI HIGH COURT] 09-07-2025
Trade Marks Act, 1999 — Sections 47, 57, 124, 125 — Rectification/Cancellation of Trademark — Allegations of fraud and fabrication — Requirement of proof — Petition for cancellation of “BADAL” trademark based on alleged fraudulent assignment deeds — Court emphasizes that allegations of fraud are serious and require a high degree of proof, akin to “beyond reasonable doubt” — Mere averments without sufficient evidence are inadequate — Plaintiff must prove their case
India Law Library Docid # 2427707

(108) ANKIT KAPOOR Vs. MANYA VIJH[DELHI HIGH COURT] 09-07-2025
Hindu Marriage Act, 1955 — Section 24 — Interim Maintenance — Assessment of Income — Courts are not solely bound by Income Tax Returns (ITRs) when other material indicates a higher income or deliberate concealment — Financial capacity, lavish lifestyle (foreign travel, expensive cars), significant bank credits (even if claimed as reversed loans), and involvement in family businesses of the husband can
India Law Library Docid # 2427708

(109) IMROZ IDRISH SHAIKH Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Section 439 — Regular Bail — Successive Bail Application — Maintainability and Considerations — A successive bail application is maintainable but its grant depends on the existence of fresh, new, and substantial changed circumstances, not merely cosmetic changes or a review of earlier rejection — The court must consider reasons for earlier rejection and new grounds warranting fresh evaluation — Delay in trial and period of incarceration alone, without other
India Law Library Docid # 2427709

(110) MADHAV PRIYA SWAMI @ M.P. SWAMI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 09-07-2025
Criminal Procedure — Anticipatory Bail — Section 438 Cr.P.C. (now Section 482 BNSS, 2023) — Economic Offence — Principles for granting or refusing anticipatory bail — Factors to consider include nature and gravity of accusation, role of accused, antecedents, possibility of fleeing or repeating offences, impact on society, and need for custodial interrogation — Economic offences, especially those involving large sums and affecting the economy, are viewed seriously and ordinarily do not warrant
India Law Library Docid # 2427710

(111) STATE OF HIMACHAL PRADESH Vs. SUKHAN DEVI (DECEASED) THROUGH LRS[HIMACHAL PRADESH HIGH COURT] 09-07-2025
Adverse Possession — Inheritability and Tacking — General Principles — Essential elements for adverse possession are continuous, open, and hostile possession against the true owner’s knowledge (nec vi, nec clam, nec precario) — Such possession, when matured, confers a perfected right — Adverse possession is inheritable, and periods of adverse possession by successive persons can be “tacked”
India Law Library Docid # 2427711

(112) DALEEP SINGH Vs. PNB AND ANDOTHER[HIMACHAL PRADESH HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 — Section 397 (Revisional Jurisdiction) — Scope of Interference — Concurrent Findings of Fact — Revisional court is not an appellate court; its scope of interference is narrow, limited to rectifying patent defects, errors of jurisdiction, or law — It should not re-appreciate evidence or disturb concurrent factual findings unless there is perversity, gross error, or a wholly unreasonable view — The revisional court should not delve at length into facts and evidence t
India Law Library Docid # 2427712

(113) MUHAMMAD NAEEM Vs. STATE OF UTTAR PRADESH AND OTHERS[ALLAHABAD HIGH COURT] 09-07-2025
Rights of Persons with Disabilities Act, 2016 — Sections 2(i), 2(r), 2(s), 20, 21, 33 — Employment — Duty to provide light duties for employees with disability — An employer, Government or private “establishment,” is legally obligated to provide reasonable accommodation and a conducive environment to employees with disabilities; this includes identifying and allocating “light duties” commensurate with
India Law Library Docid # 2427698

(114) POLU NASARAMMA Vs. ATLA NASARAMMA AND OTHER[ANDHRA PRADESH HIGH COURT] 09-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — An appeal under Section 100 CPC can only be admitted if there is a substantial question of law. A substantial question of law affects the rights of parties and is either not settled by superior courts, or is difficult, or presents alternative views. It also arises if a decision ignores or contradicts settled legal principles. Mere
India Law Library Docid # 2427699

(115) SHAIK ALLABAKSHU Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-07-2025
Consumer Protection Act, 1986 — Section 27 — Execution of orders — Imprisonment for non-compliance — Power of District Consumer Disputes Redressal Commission — The Act provides for levy of fine or imprisonment for failure to comply with an order of the Commission. However, such power requires a clear finding of non-compliance after due inquiry and procedural safeguards. Casual and indefinite detention without such findings is illegal.
India Law Library Docid # 2427700

(116) 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

(117) 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

(118) 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

(119) 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

(120) 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