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(801) LALIT NARAYAN DHAKAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-04-2025
Caste Certificate Adjudication — Supremacy of High-Level Caste Scrutiny Committee over State-Notified Appeal Mechanism — The notification dated 10-4-2013 issued by the State Government under Section 3 of the M.P. Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010, and the guidelines dated 13-1-2014 issued by the GAD (Clauses 14, 14.1, 14.2), which provide for a first appeal to the Collector and a second appeal to the
India Law Library Docid # 2425522

(802) RAMU @ MANVENDRA SINGH GURJAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-04-2025
Criminal Procedure Code, 1973 — Section 233 — Production of Preserved Evidence — Rejection Based on False Police Report Set Aside — An order of the Trial Court rejecting an accused’s application under Section 233 Cr.P.C. for production of call details and mobile locations (which were previously directed by the court to be preserved) on the ground that the police reported their inability to produce them due to lapse of time, is liable to be set aside when it is established that the said records w
India Law Library Docid # 2425523

(803) SITARA Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 16-04-2025
Chhattisgarh Public Distribution System (Control) Order, 2016 — Clauses 15, 16 & 18 — Fair Price Shops — Suspension order by Sub-Divisional Officer based on alleged shortcomings — Challenge through writ petition without exhausting available statutory remedies under the Control Order, 2016 — Absence of pleading or demonstration of exceptional circumstances (breach of fundamental rights, violation of natural justice, excess of jurisdiction, challenge to vires of statute/delegated legislation) just
India Law Library Docid # 2425675

(804) RANJIT KOUR AND ANOTHER Vs. U.T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 16-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope — When considering quashing based on allegations being omnibus or lacking details, court must not only examine FIR but also analyze material collected during investigation (Case Diary) — Details unearthed during investigation can cure initial lack of specificity in FIR — Allegations in FIR, supported by
India Law Library Docid # 2425813

(805) HEM RAJ PHONSA Vs. U.T. OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 16-04-2025
Criminal Procedure Code, 1973 (J&K Cr.P.C.) — Section 251-A(2) — Procedure in cases instituted on Police Report — Discharge vs. Framing of Charge — Court’s duty upon consideration of charge sheet documents and hearing: discharge if charge groundless, frame charge if ground for presuming commission of offence exists.
India Law Library Docid # 2425814

(806) DINESH KUMAR Vs. U.T. OF LEH AND LADAKH[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 16-04-2025
Penal Code, 1860 — Section 376 (Rape) — Section 323 (Voluntarily causing hurt) — Conviction challenged — Appeal against conviction under Sections 376 and 323 RPC — Grounds of challenge include erroneous appreciation of evidence, lack of identification parade, appellant not previously known to victim, absence of medical evidence of sexual intercourse under Section 376, and alleged conviction for graver offence than charged (attempt to
India Law Library Docid # 2425815

(807) SWAMI VIVEKANAND ADARSH VIDYA MANDIR Vs. SANSAR CHAND AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 16-04-2025
Hindu Law — Ancestral Property — Property inherited from collateral not ancestral. Property inherited by a Hindu from a collateral source such as a brother or his widow does not assume the character of ancestral property in the hands of the successor. (Paras 12, 13, 16, 20, 21, 27, 31, 36, 37, 38, 39, 43
India Law Library Docid # 2425816

(808) BALA VADIVAMBAL AND OTHERS Vs. MEERA AND OTHERS[MADRAS HIGH COURT] 16-04-2025
Hindu Law — Will — Interpretation — Intention of Testator — When interpreting a Will, the intention of the testator must be gathered from a holistic reading of the entire document, not in a piecemeal manner. Specific clauses should not be read in isolation if they contradict the overall scheme and explicit desires of the testator for the distribution of his property and the rights of beneficiaries.
India Law Library Docid # 2427933

(809) SHEIKH IBRAHIM AND OTHERS Vs. SHEIKH REHMAN[BOMBAY HIGH COURT (NAGPUR BENCH)] 16-04-2025
Muslim Law — Hiba (Gift) — Essential ingredients — Hiba requires declaration by donor, acceptance by donee, and delivery of possession — Oral gift reduced to writing does not require registration — Delivery of possession can be actual or constructive to constitute a valid gift
India Law Library Docid # 2428269

(810) ASHOK RANI Vs. KASHMIRI LAL[DELHI HIGH COURT] 15-04-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of Pleadings — Scope of Adjudication by Court — Merits vs. Allowability — While deciding an application for amendment under Order VI Rule 17 CPC, the Court should generally confine itself to whether the amendment is necessary for determining the real questions in controversy and whether it causes prejudice to the other side — The merits of the averments sought to be incorporated by the amendment are not to be adjudicated upon or decided at
India Law Library Docid # 2424932

(811) AMIT VERMA AND OTHERS Vs. STATE (GOVT. OF NCT OF DELHI) AND ANOTHER[DELHI HIGH COURT] 15-04-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 [Corresponding to Section 482 Criminal Procedure Code, 1973] — Inherent Powers of High Court — Quashing of FIR and Criminal Proceedings — Settlement in Matrimonial Disputes — Exercise of inherent jurisdiction to quash FIR registered under Sections 498A/406/34 IPC and all consequential proceedings based on an amicable settlement arrived at between the petitioner-husband (and his family members) and the respondent No.2-wife — Factors supportin
India Law Library Docid # 2424933

(812) ASEEM RAJPAL Vs. DIVYA DUGGAL[DELHI HIGH COURT] 15-04-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23 & 29 — Interim Maintenance — Assessment of Income and Entitlement — Determination of interim maintenance involves a prima facie assessment based on pleadings, income affidavits, and admitted background/lifestyle of parties — Where husband claims low income inconsistent with affluent background and lifestyle, appellate court’s conservative assessment of his income (Rs. 50,000/- pm) for interim maintenance is justified — Wife’s
India Law Library Docid # 2424934

(813) AZURE HOSPITALITY PRIVATE LIMITED Vs. PHONOGRAPHIC PERFORMANCE LIMITED[DELHI HIGH COURT] 15-04-2025
Copyright Act, 1957 — Sections 18(2), 30, 33(1), 33(3), 33A — Licensing of Copyright — Sound Recordings — Requirement of Copyright Society Registration/Membership — Interpretation — Any person or association of persons (including an assignee of copyright in sound recordings under S. 18(2)) carrying on the “business of issuing or granting licences” in respect of copyrighted works or any other rights conferred by the Act, is mandatorily required by S. 33(1) to do so only under or in accordance wit
India Law Library Docid # 2424935

(814) SONU Vs. STATE GOVT. OF NCT OF DELHI[DELHI HIGH COURT] 15-04-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 37 — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 — Bail — Commercial Quantity — Applicability of Twin Conditions — Grant of regular bail in a case involving recovery of commercial quantity of contraband (Opium Doda) — Where conscious possession of the contraband by the applicant (a driver) is a seriously debatable question of fact to be determined during trial, and considering factors such as: (i) prolong
India Law Library Docid # 2424936

(815) SMT. NUSRAT PARVEEN AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 15-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Summoning Order — Scope of Interference — The inherent power under Section 482 Cr.P.C. to quash criminal proceedings, including a summoning order, should be exercised sparingly and with circumspection, only to prevent abuse of the process of the Court or to secure the ends of justice — Mere existence of prior litigation between parties (allegation of counterblast) or geographical distance between the accused’s residence and place of incid
India Law Library Docid # 2425227

(816) SANJEEV MEHROTRA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 15-04-2025
Criminal Procedure Code, 1973 — Sections 243(2), 482 — Right to Summon Defence Witnesses — Section 243(2) Cr.P.C. casts an obligatory duty upon the trial court to issue process for compelling the attendance of defence witnesses sought by the accused after entering upon defence, unless the court considers the application to be for the purpose of vexation, delay, or defeating the ends of justice, which specific ground must be recorded in writing — Rejection of such an application without finding/r
India Law Library Docid # 2425234

(817) M/S K.C. INTERNATIONAL SITUATE AND OTHERS Vs. INDIAN BANK KANPUR MAIN BRANCH[ALLAHABAD HIGH COURT] 15-04-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(3A) Compliance — Consideration of the borrower’s representation/objection and communication of a reasoned order thereon is a mandatory pre-condition before the secured creditor proceeds with measures under Section 13(4)
India Law Library Docid # 2425327

(818) ANUJ TYAGI Vs. DISTRICT ELECTION OFFICER (MUNICIPAL BOARD GENERAL ELECTION -2023), COLLECTORATE DISTRICT GHAZIABAD AND OTHERS[ALLAHABAD HIGH COURT] 15-04-2025
UP Municipal Corporations Act, 1959 — Joinder of Parties (S.63(3)) — Joining all contesting candidates as respondents is mandatory when the election petitioner seeks relief under Section 64 (claiming the seat)
India Law Library Docid # 2425328

(819) HABIB AHMED AND OTHERS Vs. MOHAMMED MUSTAQ AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-04-2025
Specific Relief Act, 1963 — Section 6 — Suit for Recovery of Possession — Limitation — A suit filed under Section 6 of the Specific Relief Act, seeking recovery of possession based on alleged wrongful dispossession, must be instituted within six months from the date of such dispossession — This is a mandatory requirement.
India Law Library Docid # 2425468

(820) GOVIND DWIVEDI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-04-2025
Constitution of India — Article 311(2), Proviso (b) — Dismissal/Removal without Enquiry — Requirement of Recorded Satisfaction on Impracticability — The scope and mandatory nature of Article 311(2), proviso (b) — The necessity for the disciplinary authority to record reasons in writing expressing its satisfaction that it is “not reasonably practicable to hold such inquiry” before dispensing with the regular
India Law Library Docid # 2425518