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(881) STATE OF GUJARAT Vs. USMANGANI ABDULGAFAR MEMAN AND OTHERS[GUJARAT HIGH COURT] 04-03-2025
Penal Code, 1860 (IPC) — Section 107, 306 and 498(A) — Abetment of suicide under Section 306 IPC requires proof of instigation or intentional aiding with the specific intent to cause suicide, and mere harassment is not sufficient.
India Law Library Docid # 2423302

(882) SADIQ ALI TOPIWALA Vs. STATE OF TELANGANA[TELENGANA HIGH COURT] 04-03-2025
Cantonment Act, 2006 — Provisions related to building permission and Cantonment Board's powers — Building Permission in Cantonment Areas — Cantonment Boards cannot insist on NOC from State Government authorities for granting building permission, especially when the property falls within the civil area and taxes are being paid.
India Law Library Docid # 2423370

(883) SHRIYA UPPATI Vs. THE STATE OF TELANGANA[TELENGANA HIGH COURT] 04-03-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 23 —Validity of Gift Deeds under the Senior Citizens Act, 2007 — For a gift deed to be deemed void under Section 23 of the Act, it must have a condition requiring the transferee to provide basic amenities and physical needs to the transferor, and the transferee must refuse or fail to provide such necessities — Absence of such conditions in the gift deed and lack of allegations against the transferees (grandchildren) for n
India Law Library Docid # 2423371

(884) VEMAGIRI RAJU @ YESU Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 04-03-2025
Penal Code, 1860 — Section 304-A — In a criminal revision against a conviction under Section 304-A IPC, the High Court can uphold the conviction based on eyewitness testimony and known identity of the accused, but may reduce the sentence considering mitigating circumstances.
India Law Library Docid # 2423395

(885) VEMAGIRI RAJU @ YESU, E.G.DT. Vs. STATE OF A.P.[ANDHRA PRADESH HIGH COURT] 04-03-2025
Criminal Procedure Code, 1973 — Sections 397 and 401 — Penal Code, 1860 — Section 304-A — While concurrent findings of guilt for causing death by rash and negligent driving under Section 304-A IPC will generally be upheld in revision if based on credible evidence, the High Court may reduce the sentence of imprisonment by considering mitigating circumstances and relevant Supreme Court precedents on sentencing in similar cases.
India Law Library Docid # 2423410

(886) KOVVURI NAGA VENKATA APPAREDDY AND OTHERS Vs. STATE BANK OF INDIA AND OTHERS[ANDHRA PRADESH HIGH COURT] 04-03-2025
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), Sections 13(2), 13(4), and 17 — High Courts generally refrain from exercising writ jurisdiction under Article 226 of the Constitution in matters where an effective alternate remedy is available under the SARFAESI Act, such as an appeal before the Debts Recovery Tribunal.
India Law Library Docid # 2423411

(887) M/S HINDUSTAN STEEL WORKS CONSTRUCTION LTD. (HSCL) Vs. SMT. KALYANI DEBNATH AND OTHERS[TRIPURA HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Order 8 Rule 3 and Section 151 — Court Fees Act, 1870 — Section 13 — A trial court's judgment can be set aside on appeal if it misconstrues the pleadings of a party and fails to properly consider the evidence presented — Appeal against a money decree was allowed, the trial court's judgment was set aside due to its erroneous interpretation of the defendant's denial in the written statement and its failure to consider all documentary evidence, leading to the matter bei
India Law Library Docid # 2423470

(888) SMTI TAKARI YADAV WIFE AND OTHERS Vs. PRADEEP KUMAR VERMA AND OTHERS[GAUHATI HIGH COURT] 04-03-2025
Transfer of Property Act, 1882 — Section 53A — Civil Procedure Code, 1908 — — Order 9 Rule 9 and Order 1 Rule 8 — Limitation Act, 1963 — Article 64 — Appeal against the judgment and decree in a suit instituted by the executive committee of an unregistered body — The High Court considered whether the suit was barred due to the dismissal of an earlier suit, and by limitation — The court examined whether the plaintiff had the right to sue on behalf of the unregistered Grahambazaar Puja Committee un
India Law Library Docid # 2423502

(889) ISHWAR CHANGMAI Vs. KANAKLATA GOGOI AND OTHERS[GAUHATI HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Section 100 — Appeal filed, challenging the judgment and decree in a suit for recovery of possession — The High Court considered whether substantial questions of law were involved, particularly concerning a counterclaim for adverse possession raised by defendants who did not file the appeal — The court examined the claim of the appealing defendant (defendant No. 3) regarding tenancy and their right to remain in possession.
India Law Library Docid # 2423503

(890) KELENG PATOR Vs. GHANA KANTA SAMUA[GAUHATI HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Section 104, Order 43 Rule 1(u), Order 41 Rule 25, Order 41 Rule 26A — Evidence Act, 1872 — Section 101 — Appeal against the First Appellate Court's order setting aside the Trial Court's decree and remanding the suit — The High Court considered the burden of proof for establishing fraudulent execution of sale deeds and the improper framing of additional issues related to possession and mutation by the First Appellate Court — The court emphasized that the burden of pr
India Law Library Docid # 2423504

(891) DR. DOMA T. BHUTIA Vs. UNION OF INDIA AND ANOTHER[SIKKIM HIGH COURT] 04-03-2025
Income Tax Act, 1961 — Section 10 (26AAA) — Finance Act, 2023 — The amended definition of "Sikkimese" under Section 10(26AAA) of the Income Tax Act, 1961, by the Finance Act, 2023, is specifically for income tax purposes and does not impinge upon the rights and privileges reserved for indigenous Sikkimese under Article 371F(k) of the Constitution of India — The High Court of Sikkim dismissed a Public Interest Litigation (PIL) challenging the vires of Explanation (v) to clause (26AAA) of section
India Law Library Docid # 2423537

(892) MURARI RAI AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 04-03-2025
Penal Code, 1860 (IPC) — Sections 363, 366A and 120B — Kidnapping — Taking a minor girl away from the lawful guardianship without the guardian's consent constitutes kidnapping under Section 363 and the minor's consent is irrelevant in law — The High Court dismissed the criminal appeal against the conviction under Section 363 Code for kidnapping a minor girl — The court upheld the conviction, finding that the victim was under 18 and was taken away without her father's consent, but reduced their
India Law Library Docid # 2423573

(893) DEEPAK KUMAR @ DEEPAK SAH Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 04-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Cognizance Order under Section 482 CrPC — A High Court can exercise its power under Section 482 CrPC to quash a cognizance order if the allegations in the complaint do not prima facie constitute an offence, or the proceedings are manifestly attended with mala fides or an ulterior motive.
India Law Library Docid # 2423594

(894) RAJKUMAR GUPTA @ RAJ SAHU AND OTHERS Vs. HIRA LAL SAHU AND OTHERS[JHARKHAND HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(a) and 11(d) — A plea of res judicata for rejection of a plaint under Order 7 Rule 11(d) cannot be decided solely based on the plaint's averments and requires consideration of pleadings, issues, and judgments from the former suit — The High Court dismissed a petition seeking to quash a trial court order that rejected the defendants' application for rejection of a plaint under Order 7 Rule 11(a) and (d) based on res judicata — The court held that det
India Law Library Docid # 2423572

(895) KAPIL KASANA Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 04-03-2025
National Security Act, 1980 — Section 3(2) — A detention order under the National Security Act, 1980 must reflect the independent subjective satisfaction of the detaining authority and distinguish between a mere law and order problem and a disturbance of public order — This Habeas Corpus Writ Petition challenges a detention order passed under Section 3(2) of the National Security Act, 1980 — The court quashed the detention order, finding it to be a non-speaking order lacking the District Magistr
India Law Library Docid # 2423699

(896) PRAVEEN KUMAR AGARWAL Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 04-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Allahabad High Court Rules, 1952 — Rules 2 and 3(4) of Chapter XVIII of Part III — Allahabad High Court Rules, 1952 mandate that a convicted person sentenced to imprisonment must surrender before filing a criminal revision under Sections 397 and 401 CrPC, unless specifically exempted by the Court — This Criminal Revision was found to be not maintainable because the revisionist did not surrender before the concerned court after the dis
India Law Library Docid # 2423700

(897) SHIV SHANKAR Vs. MANISHA ANEJA @ JASPREET KAUR[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Hindu Marriage Act, 1955 — Section 13-B(2) — Divorce by Mutual Consent — Waiver of Six Months Statutory Period for Second Motion — Petitioners married in Nov 2019, separated since July 2020 (over 4 years 5 months) — Filed joint petition under S.13-B — First motion recorded, part maintenance paid — Application to waive six months waiting period for second motion dismissed by Family Court — Revision petition filed under Article 227 of Constitution
India Law Library Docid # 2423893

(898) BALWINDER SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Penal Code, 1860 — Section 304-A — Rash and Negligent Driving — Sufficiency of Evidence — Eyewitness Testimony vs. Witness Volte-face — Conviction under S.304-A upheld based on consistent and categorical testimony of eyewitness police officers (PW-8, the complainant ASI who knew the accused driver previously, and PW-6, another police witness) establishing rash and negligent driving (driving bus on wrong side, hitting scooter) leading to death of two persons — Such evidence is sufficient and reli
India Law Library Docid # 2423894

(899) KRISHAN @ KISHAN Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Penal Code, 1860 (IPC) — Sections 324, 326, 506 — Sufficiency of Evidence — Ocular Testimony & Medical Corroboration — Conviction under Sections 324, 326, 506 IPC upheld where the ocular account of the injured complainant (PW-1) regarding assault with a knife was fully supported by another eyewitness (PW-2) and substantially corroborated by medical evidence — The doctor’s opinion classifying one injury as grievous and opining that the injuries could not be ruled out as having been caused by a kn
India Law Library Docid # 2423895

(900) M/S. VISHNU TRADING AND OTHERS Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Essential Commodities Act, 1955 — S. 7, 12AA — Fertilizer (Control) Order, 1985 — Clause 19(1)(a), (c), (v) — Probation of Offenders Act, 1958 — S. 3, 4; CrPC — S. 361 — Release on Probation — Conviction under S.7 EC Act for contravention of FC Order (selling non-standard fertilizer) upheld against manufacturer, distributor, and their responsible persons — However, considering mitigating factors including no prior criminal antecedents of the individual appellants, their advanced age, and the ext
India Law Library Docid # 2423896