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(301) KABIR PAHARIA Vs. NATIONAL MEDICAL COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Constitution of India — Articles 14, 16 & 21 — Rights of Persons with Disabilities Act, 2016 — Admission to Medical Education (MBBS) — Persons with Benchmark Disabilities (PwBD) — Substantive Equality & Reasonable Accommodation — The constitutional mandate of substantive equality under Articles 14, 16, and 21, read with the Rights of Persons with Disabilities Act, 2016, requires affording reasonable accommodations to Persons with Disabilities (PwD) and Persons with Benchmark Disabilities (PwBD)
India Law Library Docid # 2425325

(302) SANTOSH DEVI Vs. SUNDER[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 17 — Effect of fraud — Code of Civil Procedure, 1908 — Order VII Rule 6 — Grounds of exemption from limitation law — Suit for cancellation of sale deed — To claim exemption from the ordinary period of limitation under Section 17 of the Limitation Act on the ground of fraud, the plaintiff must specifically plead and prove not only the fraud pertaining to the transaction itself but, crucially, that they were, by means of such fraud, kept from the knowledge of their r
India Law Library Docid # 2425397

(303) PUNAM KUMARI SHARMA Vs. THE STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 02-05-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause vs. Length of Delay — Liberal and Pragmatic Approach — In examining a plea for condonation of delay under Section 5 of the Limitation Act, 1963, courts should focus on the sufficiency of the cause shown rather than the mere length of the delay; if a sufficient cause is demonstrated, the delay should be condoned irrespective of its duration, adopting a liberal, rational, common sense, and pragmatic approach to ensure subst
India Law Library Docid # 2425505

(304) MANISH AGRAWAL AND OTHERS Vs. WAQF ZAMA MASJID INTZAMIYA COMMITTEE THR. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-05-2025
Waqf Act, 1995 — Sections 83(1) and 85 — Jurisdiction of Waqf Tribunal — Eviction of Tenant from Waqf Property — The Waqf Tribunal, constituted under Section 83 of the Waqf Act, 1995, has exclusive jurisdiction to entertain a suit for eviction of a tenant from a Waqf property — This jurisdiction is clear from the language of Section 83(1), especially after its amendment by Act 27 of 2013, which explicitly includes “eviction of a tenant” — Consequently, Section 85 of the Act bars
India Law Library Docid # 2425575

(305) MINY RAJ MODI Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 482 / Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of FIR — POCSO Act — Insufficient Evidence and Contradictory Medical/Forensic Reports — An FIR registered for offences under the POCSO Act and IPC (Sections 376, 190) is liable to be quashed under Section 482 Cr.P.C. (or Section 528 BNSS) when multiple medical examinations of the 8-year-old prosecutrix, including by a Medical Board, reveal no external injuries, no bleeding, and an inta
India Law Library Docid # 2425576

(306) SMT. MOHINDER KAUR AND OTHERS Vs. SMT. DARO AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Hindu Succession Act, 1956 — Section 8 — Succession to property of Hindu male dying intestate — P died issueless, leaving behind his mother ‘S’ as his only Class-I heir — Revenue authorities wrongly mutated his 1/4th share (which was actually only 3 kanals 3 marlas after his lifetime sales) in favour of his three brothers and sister (Daro), who were Class-II heirs — This mutation was incorrect as mother, being a Class-I heir, excludes Class-II heirs — ‘S’ was entitled to inherit the remaining 3
India Law Library Docid # 2425619

(307) RABINA AND OTHERS Vs. ARSHAD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 & Section 168 — Compensation — Death of child (3 years old) — Notional Income — Where Tribunal took notional income of 3-year-old deceased child (‘S’) as Rs.15,000/- p.a. for accident in 2012, High Court, relying on Kishan Gopal, 2013(4) RCR (Civil) 276 and Meena Devi, 2022(4) RCR (Civil) 553 (where Rs.30,000/- p.a. was taken for accidents in 1992 and 2003 respectively), and considering date of accident, deemed it just and appropriate to take notional incom
India Law Library Docid # 2425620

(308) RAVINDER SINGH Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 (IPC) — Sections 279 & 304-A — Rash and negligent driving causing death — Sentence — Reduction — Accused convicted under Ss. 279/304-A IPC for causing death of two persons by rash and negligent driving of truck in 1999; conviction upheld in appeal (2008) — Revision petition heard after 25 years from FIR — Accused had no criminal antecedents — Relying on Gurmukh Singh (CRR No.2168-2014) where sentence was reduced considering prolonged trial and compensation paid, and considering
India Law Library Docid # 2425621

(309) DARSHNA DEVI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 — Murder by setting deceased on fire — Conviction upheld — Prosecution case based on dying declaration (Ex.PG) of deceased Balbir Chand (recorded by ASI after deceased was declared fit by doctor, though doctor not examined) and testimony of two eyewitnesses, PW-2 Shiv Dayal (deceased’s cousin who accompanied him to accused Darshna Devi’s house) and PW-6 (neighbour who saw incident from rooftop) — Both eyewitnesses consistently stated that accused (deceased’s estran
India Law Library Docid # 2425622

(310) RAJNI Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 r/w Section 34 — Murder by chemical burns — Conviction upheld — Accused Rajni, aggrieved by removal from job by deceased’s brother-in-law (Vivek Rawat), along with co-accused (driver Rakesh Kumar and two other females, tried as juveniles and acquitted), abducted deceased (Sunil Rawat, Vivek’s brother) in a Maruti van, poured acid on him, and left him — Deceased died of chemical burns — Testimony of complainant PW10 (Sanjay Rawat, deceased’s 16-year-old brother), an
India Law Library Docid # 2425623

(311) STATE OF CHHATTISGARH Vs. GULJAR SINGH[CHHATTISGARH HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Approach of appellate court — Normal presumption of innocence reinforced by acquittal — Slow to interfere if two views possible — Appellate court to first ascertain if trial court findings palpably wrong, manifestly erroneous, or demonstrably unsustainable before reappraising evidence — Reappraisal only if acquittal order cannot be sustained due to such infirmities — Mere possibility of a different view on reappraisal is no
India Law Library Docid # 2425691

(312) MANOJ KUMAR AND OTHERS Vs. RAM MILAN SINGH AND OTHERS[CHHATTISGARH HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal — Motor Accidents Claims Tribunal Award — Challenges to — Award of lump-sum amount of Rs. 75,000/- on all heads to deceased’s major, married, and earning sons — Claimants are sons of deceased retired BSNL employee drawing monthly pension — Tribunal held claimants not dependent on deceased’s pension for loss of dependency compensation as they were married and aged 40 and 38 years respectively — Awarded lump sum for loss of father’s love and affectio
India Law Library Docid # 2425692

(313) VINEET KUMAR AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 02-05-2025
Penal Code, 1860 — Sections 363/34, 366/34, 376D, 506/34 — Protection of Children from Sexual Offences Act, 2012 — Section 6 — Information Technology Act, 2000 — Section 67-B — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(v) — Offences under — Conviction and Sentence — Appeals against — Grounds challenging reliability of prosecutrix statement, delay in FIR, age of prosecutrix, caste of prosecutrix, DNA report, failure to examine seized mobile phones a
India Law Library Docid # 2425693

(314) SMT. TANUJA Vs. DINESH KUMAR[CHHATTISGARH HIGH COURT] 02-05-2025
Family Courts Act, 1984 — Section 19(1) — Appeal against dismissal of application for retrieval of Stree-dhan — Application for return of Stree-dhan filed by wife — Husband ex-parte — Family Court observed parties are members of Scheduled Tribe and Hindu Marriage Act is inapplicable — Section 27 of Hindu Marriage Act not applicable for a separate application and is only at time of divorce decree — Application not falling within Family Court jurisdiction under Section 7 of Family Court Act, 1984
India Law Library Docid # 2425694

(315) JASINDER PAL SINGH Vs. GURMEET SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation for injuries — Enhancement — Claimant aged 48, engaged in dairy farming, suffered multiple injuries and 60% permanent disability in motor accident — Tribunal awarded Rs. 2,60,000/- — On appeal, High Court enhanced compensation to Rs. 11,66,854/- — Income assessed at Rs. 2,100/- p.m. (minimum wages for skilled worker), future prospects @ 25% added, giving annual income of Rs. 31,500/- — Loss of future earning due to 60% disability taken as Rs.
India Law Library Docid # 2425699

(316) NIRMAL KUMAR Vs. SUDESH KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition for enhancement of compensation — Appellant (skilled automobile mechanic, aged 24) suffered 80% permanent disability due to left leg amputation (mid-thigh) in motor accident — Tribunal awarded Rs.3,25,000/- — High Court enhanced compensation based on re-assessment of income and application of settled principles — Monthly income reassessed from Rs.2500/- to Rs.2800/- (minimum wage for skilled worker in
India Law Library Docid # 2425700

(317) MOHD. AFZAL BEIGH Vs. NOOR HUSSAIN[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Bharatiya Nagrik Suraksha Sanhita, 2023 — Section 528 — Quashment of orders — Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Complaint procedure — Order directing issuance of pre-cognizance notice and subsequent non-bailable warrant of arrest challenged — Contention is that procedure under NI Act, particularly Section 142, is exclusive and issuance of such notices/warrants is unwarranted.
India Law Library Docid # 2425848

(318) ISHRI Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Civil Procedure Code, 1908 — Order VII Rule 11 — Rejection of plaint — Land Revenue Act, 1860 (J&K) — Section 139 — Bar of civil court jurisdiction — Eviction proceedings before Revenue Officer — Maintainability of suit challenging Revenue Officer’s orders — Land Revenue Act provides exclusive machinery and remedies for matters within Revenue Officer’s cognizance, including eviction under Section 133 — Section 139 expressly bars jurisdiction of civil courts in such matters — Civil suit challengi
India Law Library Docid # 2425849

(319) VIPAN KUMAR Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Jammu and Kashmir Lambardari Act, 1972 / Jammu and Kashmir Lambardari Rules, 1980 — Lambardar Appointment — Temporary Appointment — Procedure — Requirement for equal opportunity — Though Rule 11 does not mandate notification for temporary appointment, providing equal opportunity to all interested candidates is inherent in the power to make such appointments — Dissemination of information regarding intention to make temporary appointment is essential for ensuring equal participation and preventin
India Law Library Docid # 2425850

(320) PREHLAD SINGH Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Administration of Justice — Judicial Orders — Requirement of Reasons — Essentiality — Reasons are the soul of a judgment and absence thereof amounts to non-application of mind and renders the order unsustainable — Adjudicating authority must disclose due application of mind through recorded reasons, benefiting litigants and higher courts by providing lucidity and foundation for conclusions and avoiding uncertainty — Legitimate expectation of a litigant to know
India Law Library Docid # 2425851