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(861) HARCHARAN SINGH Vs. ASHEESH VAID AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-03-2025
Arbitration and Conciliation Act, 1996 — Section 11(6) — Scope of Inquiry — While adjudicating an application under Section 11(6), the Court’s role is primarily limited to examining the existence of a valid arbitration agreement — It is generally not supposed to delve into disputed questions of fact.
India Law Library Docid # 2425024

(862) STATE OF PUNJAB Vs. GURDIT SINGH @ VISHAL AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 — Section 378(3) — Leave to Appeal Against Acquittal — An appellate court should interfere with an order of acquittal only if the findings of the trial court are perverse, contrary to law, or based on a misappreciation of evidence leading to a miscarriage of justice — The presumption of innocence is further strengthened upon acquittal.
India Law Library Docid # 2425025

(863) CHARAN SINGH AND OTHERS Vs. VIMLA DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 28-03-2025
Civil Procedure Code, 1908 — Order 4-A Rule 1 — Consolidation of Suits — Discretionary Power — Stage of Proceedings — Rejection of an application for consolidation of suits under Order IV-A CPC was upheld where the first suit (filed in 2015) was found to be at a very advanced stage (plaintiffs’ evidence concluded, defence evidence ongoing after listing of 22 witnesses), while the second suit involving the same property and parties (but raising a different ground of adverse possession) was filed
India Law Library Docid # 2425237

(864) BASANTI SAHA Vs. THE STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Charge Sheet/Proceedings — General and Omnibus Allegations — Section 498A IPC & Related Offences — Where the allegations in the FIR and charge sheet against an accused, particularly a relative of the husband (like a sister-in-law), regarding offences under Sections 498A, 406, 417, 494, 376, 120B IPC and Dowry Prohibition Act are general, omnibus, and vague, without specifying any distinct role, date, time, or manner of commission o
India Law Library Docid # 2425250

(865) SRIPATI SARKAR AND OTHERS Vs. SRI DEBANGSHU DAS AND ANOTHER[CALCUTTA HIGH COURT] 28-03-2025
Penal Code, 1860 — Section 499, Exception 8 & Section 500 — Defamation — Accusation made in Good Faith to Authorised Person — A complaint, even if containing allegations against a person, made in good faith to an authority having lawful jurisdiction over that person concerning the subject matter of the accusation, falls under Exception 8 to Section 499 IPC and does not constitute defamation punishable under Section 500 IPC — Submitting a confidential mass petition/complaint detailing alleged
India Law Library Docid # 2425251

(866) STATE OF WEST BENGAL Vs. MITALI GOSWAMI AND OTHERS[CALCUTTA HIGH COURT] 28-03-2025
Civil Procedure Code, 1908 (CPC) — Sections 37, 38, 39 — Execution of Decree — Jurisdiction of Executing Court — Effect of Bifurcation of District — Land Acquisition Case — Following the bifurcation of a district, where the land acquired falls into the territorial jurisdiction of a newly created district (Paschim Bardhaman), and consequently, the administrative authority responsible for disbursing compensation (Land Acquisition
India Law Library Docid # 2425252

(867) M/S. JUBILANT LIFE SCIENCES LIMITED Vs. STATE OF U.P. THRU PRINCIPAL SECY EXCISE AND OTHERS[ALLAHABAD HIGH COURT] 28-03-2025
Poisons Act, 1919 — Sections 2 & 8 — State Government’s Rule-Making Power — The State Government is empowered under Sections 2 and 8 of the Poisons Act, 1919 to frame rules regulating the possession for sale, sale (wholesale/retail), purchase, and possession of specified poisons like Methyl Alcohol, except for regulating importation from outside India (which falls under Central Govt. power u/s 3)
India Law Library Docid # 2425275

(868) M/S LR PRINT SOLUTIONS Vs. M/S EXFLO SANITATION PVT. LTD. AND OTHERS[ALLAHABAD HIGH COURT] 28-03-2025
Arbitration and Conciliation Act, 1996 — Section 36 (as amended by Act 3 of 2016 w.e.f. 23.10.2015) — Enforcement of Arbitral Award — Stay of Award — Filing of an application under Section 34 for setting aside an arbitral award does not operate as an automatic stay on the enforcement of the award — Automatic stay provision stands deleted by the 2015 Amendment Act — Specific order from the court under Section 36(2)
India Law Library Docid # 2425268

(869) MUKUL KUMAR JAIN AND ANOTHER Vs. CENTRAL BUREAU OF INVESTIGATION THROUGH SENIOR SUPERINTENDENT OF POLICE ACB DEHRADUN[ALLAHABAD HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent Powers — Maintainability of Application by Absconding Accused — Accused who have not cooperated with investigation, against whom charge sheet has been filed as absconders, and who have evaded court process (non-appearance despite summons/NBWs), leading to issuance of Blue Notices/Red Corner Notices and initiation of extradition proceedings, are not entitled to invoke the inherent jurisdiction of the High Court under Section 482 CrPC to seek
India Law Library Docid # 2425269

(870) RAJEEV SHARMA Vs. PRADEEP KUMAR[HIMACHAL PRADESH HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 — Section 397(1) & (2) — Revisionary Powers — Interlocutory Order — Scope of revision restricted to orders that are not “interlocutory” — Term “interlocutory order” not defined in Cr.PC but judicially interpreted — Orders deciding substantive rights or important aspects of the case, even if not conclusively determining the entire matter, may fall outside the strict definition of “interlocutory” and be subject to revision.
India Law Library Docid # 2425967

(871) AMAR BAHADUR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 28-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Narcotic Drugs & Psychotropic Substances Act, 1985 — Section 18 — Bail Application—Application for bail under Section 483 BNSS during pendency of trial for offence under Section 18 NDPS Act (commercial quantity of opium) — Applicant claims innocence, false implication, completed investigation, and filing of charge-sheet — Also pleads suffering from Tuberculosis and pre-trial punishment prohibition — Prosecution opposes bail apprehending re
India Law Library Docid # 2425968

(872) RAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 28-03-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483(3) — Penal Code, 1860 — Sections 302, 325, 323, 504, 506, 34 — Cancellation of Bail — Grounds for cancellation of bail are interference or attempt to interfere with due course of justice, evasion of justice, abuse of concession, or possibility of absconding — Bail once granted should not be cancelled mechanically without supervening circumstances making a fair trial unlikely if the accused remains free.
India Law Library Docid # 2425971

(873) KETNABEN KANCHANLAL DEDHIYA Vs. JADEJA NAVALSINH MAHOBATSINH AND OTHERS[GUJARAT HIGH COURT] 28-03-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope of Interference — Concurrent findings of fact — High Court generally should not interfere with concurrent findings of fact unless warranted by compelling reasons or perverse findings — Re-appreciation of evidence not expected in Second Appeal — Findings contrary to law, settled position, based on inadmissible evidence
India Law Library Docid # 2426088

(874) ROJIBON NESSA AND OTHERS Vs. REJABUDDIN AHMED[GAUHATI HIGH COURT] 28-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — Penal Code, 1860 — Sections 406, 506, 34 — Criminal breach of trust — Criminal intimidation — Abuse of process — Complaint alleging criminal breach of trust (Section 406) and criminal intimidation (Section 506) by wife and in-laws for not returning household articles
India Law Library Docid # 2426275

(875) MS. INDER PAL KAUR Vs. THE STATE OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 27-03-2025
Succession Act, 1925 — Section 299 — Civil Procedure Code, 1908 — Section 104, O. XLIII R. 1 — Appeal from Order — Probate Proceedings — Appeal challenging the dismissal of a probate petition concerning an unregistered Will dated 02.08.2009 and the concurrent upholding of an earlier registered Will dated 16.03.2005 by the Probate Court — Scope of appellate review under the relevant provisions assessed.
India Law Library Docid # 2423960

(876) S M MATLOOB Vs. ASMA PARVEEN AND OTHERS[DELHI HIGH COURT] 27-03-2025
Letters Patent Appeal — Scope — Challenge to dismissal of Review Petition — Intervention Application — Present Letters Patent Appeal arises from the dismissal of a review petition by the learned Single Judge — the review petition itself sought review of an order dismissing the appellant's second application for intervention in a disposed-of writ petition.
India Law Library Docid # 2423961

(877) DILIP TRIPATHI AND OTHERS Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 27-03-2025
Evidence — Hostile Witness — Evidentiary Value — Evidence Act, 1872 — Sections 145, 154 — Court observed that merely because a witness resiles from parts of police statement, entire testimony not discarded — Portions corroborating earlier testimony, if duly supported, can be relied upon — Deviations may be natural but testimony read as a whole, if truthful, can be relied upon.
India Law Library Docid # 2423962

(878) M/S. PRARAM INFRA THROUGH ITS PARTNER SHRI PRAYANK JAIN Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 27-03-2025
Criminal Procedure Code, 1973 — Section 160 — Evidence Act, 1872 — Section 126 — Notice to Advocate — A notice issued under S. 160 Cr.P.C. to an advocate, requiring appearance and signature sample merely for verifying a signature on a notice previously sent by the advocate on behalf of the complainant to the accused, is impermissible and liable to be quashed — Such an advocate, acting solely in their professional capacity for the complainant and not involved in any illegal purpose related to the
India Law Library Docid # 2424136

(879) RADHIKA KAMAL MIRANI @ RASHMI VIJAY RIJHWANI Vs. NISHA PURSHOTAM MIRANI[BOMBAY HIGH COURT] 27-03-2025
Civil Procedure Code, 1908 — Order XXXVII Rule 1(2)(b)(i) — Summary Suit — Debt or Liquidated Demand — Requirement of Written Contract — A summary suit under Order XXXVII Rule 1(2)(b)(i) of the Civil Procedure Code, 1908, seeking recovery of a debt or liquidated demand in money based on a contract, is maintainable only if such debt or demand arises “on a written contract” — The legislative history, particularly the 1966 Bombay High Court Amendment and the 1976 Central Amendment to the CPC, makes
India Law Library Docid # 2424279

(880) SMT. RAJAVVA Vs. MALLESH AND ANOTHER[KARNATAKA HIGH COURT (DHARWAD BENCH)] 27-03-2025
Criminal Procedure Code, 1973 — Section 372 (Proviso) — Appeal Against Acquittal by Victim/Complainant — Scope of Appellate Review — While an appellate court hearing an appeal against acquittal (filed by the victim/complainant under the proviso to Section 372 CrPC) has full power to review, re-appreciate, and reconsider the entire evidence, it must bear in mind the double presumption of innocence favouring the accused (initial presumption plus reinforcement by acquittal) — Interference with acqu
India Law Library Docid # 2424438