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(41) 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

(42) 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

(43) 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

(44) 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

(45) 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

(46) KMV PROJECTS LIMITED Vs. ANDHRA PRADESH MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 — Order 47 Rule 1 — Review — Scope and Grounds — The power of review under Order 47 Rule 1 CPC is circumscribed and distinct from appellate power It can be exercised upon discovery of new and important matter or evidence (despite due diligence), or on account of a mistake or error apparent on the face of the record, or for any other sufficient reason analogous thereto — Review cannot be sought merely because the original decision is erroneous on merits — An “error appa
India Law Library Docid # 2424891

(47) SURYAS RAVI PRAKASH RAO Vs. MOHITHE MANOHAR RAO AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Guardians and Wards Act, 1890 — Sections 9, 10, 17, 25 — Hindu Minority and Guardianship Act, 1956 — Section 6, 13 — Child Custody — Paramount Consideration — Welfare of Minor— In determining the custody of a minor child, the paramount and often sole consideration for the Court, exercising parens patriae jurisdiction, is the welfare and best interest of the child The legal rights of the contending parties, including the preferential right of the natural guardian (father), are subordinate to the
India Law Library Docid # 2424894

(48) CHITTIBOTLA BHARDWAJA SARMA Vs. COMMISSIONER AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Constitution of India, 1950 — Article 226 — Writ of Mandamus — Appointment of Founder Trustee— Consideration of mandamus to compel respondents (Endowments Department) to appoint the petitioner as Founder Trustee and Chairman of a temple based on alleged hereditary rights, family history of management, and entries recorded in the statutory register under Section 43 of Act 30 of 1987.
India Law Library Docid # 2424900

(49) KARRI ROJA RAMANI Vs. JANNADA APPA RAO[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 (CPC) — Section 151 & Order 39 Rule 2-A — Police Aid for Injunction Implementation vs. Consequences of Disobedience — Distinction — An application seeking police aid/protection under Section 151 CPC for the implementation of a temporary injunction order (granted under Order 39 Rules 1 & 2) is distinct in scope and purpose from an application under Order 39 Rule 2-A CPC, which deals with the consequences (like attachment or detention) for disobedience or breach of an in
India Law Library Docid # 2424905

(50) GANGULA AMMAJI Vs. KUNAPAREDDI SEETHA MAHALAKSHMI DIED AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-04-2025
Civil Procedure Code, 1908 (CPC) — Section 11 — Res Judicata — Finding on Title in Suit for Permanent Injunction — Law is settled that an incidental finding on title, arrived at in a simple suit for permanent injunction based primarily on possession, will not operate as res judicata in a subsequent suit filed specifically for declaration of title, particularly if no specific issue regarding title was framed and finally decided in the earlier injunction suit.
India Law Library Docid # 2424908

(51) BINOY MONDAL AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 10-04-2025
Penal Code, 1860 — Sections 306, 107 — Abetment of Suicide — Mens Rea — Proximate Act — To sustain a conviction under Section 306 IPC for abetment of suicide, the prosecution must establish beyond reasonable doubt not only harassment but also a clear mens rea (intention) on the part of the accused to instigate or aid the deceased in committing suicide — There must be proof of a positive, proximate act, omission, or creation of circumstances by the accused that directly led to the suicide, leavin
India Law Library Docid # 2425166

(52) KAMAL GHORAI AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 10-04-2025
Penal Code, 1860 — Section 361 — Kidnapping from Lawful Guardianship — Minor having attained Age of Discretion — Voluntary Departure — ‘Taking’ vs. ‘Allowing to Accompany’ — Where a minor female, though below 18 years but having attained the age of discretion (around 14 years in this case), voluntarily leaves her lawful guardian’s keeping due to a pre-existing love affair and joins the accused without any active inducement, force, or allurement attributable to the accused, it does not constitute
India Law Library Docid # 2425167

(53) CHHATTISGARH STATE POWER TRANSMISSION COMPANY LIMITED Vs. DCIT CIRCLE-1(1), RAIPUR, C.G.[CHHATTISGARH HIGH COURT] 09-04-2025
Income Tax Act, 1961 — Section 271(1)(c) — Penalty for Concealment or Inaccurate Particulars — Bona Fide Error vs. Mens Rea — Penalty under Section 271(1)(c) is leviable for concealment of income or furnishing inaccurate particulars thereof — A mere bona fide, inadvertent error in computation or data feeding in the return of income does not automatically attract penalty, especially when the correct figures are available in accompanying documents like the Tax Audit Report filed under Section 44AB
India Law Library Docid # 2424712

(54) KAKANI GOVARDHAN REDDY Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025
Criminal Procedure Code, 1973 — Section 482 (Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528) — Inherent Powers — Interference with Investigation & Stay of Arrest — The High Court’s inherent power under Section 482 Cr.P.C. (or Sec 528 BNSS) to prevent abuse of process or secure ends of justice should be exercised cautiously and sparingly regarding ongoing criminal investigations — Courts should generally refrain from stalling investigations, especially at the initial stage, if the FIR or
India Law Library Docid # 2424887

(55) S. SWAPNA Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025
Sentence — Imprisonment for Life — Meaning and Duration— A sentence of imprisonment for life, imposed either directly or upon commutation from a death sentence, means incarceration for the remainder of the convicted person’s natural life — This position is conclusively settled by numerous decisions of the Supreme Court. (Gopal Vinayak Godse vs. State of Maharashtra, Mohd. Mannan @ Abdul Mannan vs. State of Bihar, Swamy Shraddananda (2) v. State of Karnataka, Sangeet & Anr vs. State of Haryana fo
India Law Library Docid # 2424893

(56) MANEPALLI MOHAN RAO Vs. M/S SHRIRAM CITY UNION FINANCE LTD AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025
Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of Suit/Proceeding — Apprehension of Bias — Standard Required — The law is well settled that for a case to be transferred under Section 24 CPC on the ground of apprehension of not getting a fair and impartial enquiry or trial, such apprehension must be reasonable and not merely imaginary or based on conjectures and surmises Mere allegations or subjective feelings are insufficient; the applicant must demonstrate circumstances from which a
India Law Library Docid # 2424910

(57) MANEPALLI MOHAN RAO Vs. KOTIPALLI LAKSHMI SARASWATHI PARVATHI AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025
Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of Suit/Proceeding — Apprehension of Bias — Standard Required — Effect of Judge’s Transfer — For seeking transfer of a case under Section 24 CPC based on an apprehension of not getting a fair trial or justice due to alleged bias of the presiding Judicial Officer, the apprehension must be reasonable and based on cogent circumstances, not merely subjective or conjectural — Mere allegations are insufficient — Furthermore, if the specific Judi
India Law Library Docid # 2424911

(58) ISHAN GUPTA Vs. NATIONAL TESTING AGENCY[DELHI HIGH COURT] 09-04-2025
Education — Competitive Examinations — JEE (Main) 2025 — Change of Reservation Category (General to PwD/PwBD) — Request Post Session I Result Declaration but Pre Session II Result Declaration — Judicial Intervention — Petitioner applied for JEE (Main) 2025 under General Category, appeared in Session I, result declared — Subsequently obtained Disability Certificate (Specific Learning Disability) and requested change to PwD/PwBD category before appearing in Session II — Petitioner volunteered unde
India Law Library Docid # 2424937

(59) MADHURI PANDEY AND ANOTHER Vs. SOHAN LAL PANDEY[DELHI HIGH COURT] 09-04-2025
Criminal Procedure Code, 1973 (Cr.P.C.) — Section 125 — Maintenance — Assessment of Husband’s Income — Burden of Proof — In proceedings under Section 125 Cr.P.C., the onus lies upon the petitioner (wife/child) seeking maintenance or enhancement thereof, to substantiate claims regarding the respondent-husband’s income through cogent evidence — Mere assertions regarding the husband’s employment, salary (Rs. 40,000/- per month from a job in Surat), side businesses, or ownership of substantial agric
India Law Library Docid # 2424989

(60) STATE Vs. DARSHAN SINGH AND OTHERS[DELHI HIGH COURT] 09-04-2025
Penal Code, 1860 (IPC) — Section 364 — Kidnapping or Abducting in order to Murder — Proof of Intent — Contradictions in Testimony — Acquittal under Section 364 IPC upheld where the prosecution failed to establish the requisite intent to murder or put the complainant in danger of being murdered — Complainant’s testimony revealed the demand was to compel marriage or payment, not primarily murder — Material improvement and contradiction between the initial Complaint (stating voluntary entry into th
India Law Library Docid # 2424990