(381) MALKIT SINGH Vs. MOHINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 & Order 9 Rule 13 — Setting aside ex parte order/decree — “Good cause” for non-appearance — Counsel pleading ‘no instructions’ — Duty of litigant to be vigilant — Where defendant (petitioner) was proceeded ex parte after his counsel pleaded ‘no instructions’, and his application under Order 9 Rule 7 was dismissed, and it was found from trial court record that defendant had repeatedly sought adjournments, caused plaintiff (who travelled from Delhi India Law Library Docid # 2425611
(382) PAL SINGH AND OTHERS Vs. KARNAIL SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Hindu Law — Joint Hindu Family Property — Ancestral Coparcenary Property — Proof — Property inherited from common ancestor Deva Singh, then by his son Mangat Singh, and subsequently by Mangat’s sons Chajja Singh and Mal Singh, held to be ancestral coparcenary property where located in Village Balhari Kalan, as original ownership by Deva Singh was proved through revenue records (excerpt prepared by PW/3) — However, property in Village Balhari Khurd not proved ancestral as plaintiffs failed to pro India Law Library Docid # 2425612
(383) RAJBIR SINGH Vs. RAM BHAGAT AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Proof of Negligence — Sufficiency of evidence — Dismissal of claim by Tribunal for failure to prove rash and negligent driving by respondent No.1 (driver of offending vehicle) set aside — Claimant (PW-5) gave detailed and consistent account of accident, his testimony remained unshaken in cross-examination and inspired judicial confidence — FIR, though initially against unknown vehicle/driver, was followed by chargesheet against respondent India Law Library Docid # 2425613
(384) SANJIV KUMAR @ KAUWA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 20 — Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 15(1)(g) — Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 18(1)(g) — Sentencing of juvenile offender who attained majority during pendency of revision — Petitioner convicted under S. 20 NDPS Act by Juvenile Board and sentenced to 02 years in special home; appeal dismissed — Revision filed in 2009, heard after 24 years from F India Law Library Docid # 2425614
(385) RAM SARAN Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Negotiable Instruments Act, 1881 — Sections 138 & 147 — Dishonour of cheque — Compounding of offence — Where petitioner-accused paid entire compensation amount of Rs. 3,00,000/- (initially Rs. 1.5 lakh to show bona fides for suspension of sentence, and balance subsequently) to respondent-complainant, and complainant accepted the same and had no objection to compounding, offence under S. 138 compounded and petitioner acquitted — Judgments of conviction and sentence passed by trial court and appel India Law Library Docid # 2425615
(386) DEVPRATAP Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 30-04-2025 Penal Code, 1860 — Section 307 — Attempt to murder — Conviction upheld — Appellant assaulted wife with iron sickle, ousting her right eyeball from the orbit of eye — Injury on vital part of body (eye) — Severity of injury confirmed by medical evidence (MLC reports, CT Scan, Sonography) — Absence of essential ingredient for conviction is not necessary; nature of injury, manner of assault, and weapon used are factors — Intention or knowledge to cause death are essential ingredients — Intention inf India Law Library Docid # 2425662
(387) SUCHET SINGH AND OTHERS Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 30-04-2025 Criminal Procedure Code, 1989 — Section 482 — Inherent powers of High Court — Scope — Quashing of FIR — Prevention of abuse of process — Securing ends of justice — High Court’s inherent power is wide but must be exercised to effect orders under the Code, secure ends of justice, or prevent abuse of process — Evaluation required to justify exercising inherent powers to quash criminal proceedings. India Law Library Docid # 2425846
(388) NOOR FATIMA Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 30-04-2025 Constitution of India — Article 226 — Writ Jurisdiction — Exercise of — Discretionary and extraordinary power — Prerequisites for — Party must approach with clean hands and make full and fair disclosure of all material facts — Suppression or concealment of material facts warrants dismissal at the threshold. India Law Library Docid # 2425847
(389) RAJ KUMAR AND OTHERS Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 — Order 39, Rules 1 & 2 — Interim Injunction — Non-extension in Subsequent Orders — Effect — Where an interim injunction has been granted, its efficacy is not ceased merely by the absence of an explicit extension in subsequent orders — The order remains in force until discharged, vacated, or modified India Law Library Docid # 2425886
(390) DHARMINDER SINGH AND ANOTHER Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025 Penal Code, 1860 — Section 420 — Cheating and dishonestly inducing delivery of property — Essential ingredients — Fraudulent or dishonest inducement to deliver property or consent to retain property, or intentional inducement to do or omit to do an act which causes or is likely to cause damage to the deceived person’s body, mind, reputation, or property — Intention to India Law Library Docid # 2425889
(391) ORIENTAL INSURANCE COMPANY LTD. AND OTHERS Vs. SH. SHERU @ SHER SINGH @ SUKHRAJ AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Injury and Disablement — Accident involving goods carriage vehicle — Claimant a porter/labourer traveling with owner of goods — Suffered injuries and 45% resultant disablement — Claim under Section 166 for compensation. India Law Library Docid # 2425934
(392) JUSO @ JUSAB ALLARAKHABHAI IBRAHIMBHAI SINDHI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-04-2025 Penal Code, 1860 — Section 302 — Murder — Conviction challenged on ground that medical evidence does not establish injuries were sufficient to cause death in ordinary course of nature — Alleged intention to inflict fatal injury debated — Accused, sought for arrest in previous robbery cases, resisted apprehension by police team — Accused stabbed police constable attempting to apprehend him — Medical report indicates injuries on wrist and India Law Library Docid # 2426024
(393) SHAKTISINH KUMARPALSINH ZALA Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 30-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR and Criminal Proceedings — Maintainability of Petition — Alternative Remedy — Petitioner withdrew earlier quashing petition with liberty to file discharge application and subsequent proceedings under Section 397 or 482 — Discharge application rejected — Petitioner filed fresh Section 482 petition without filing revision under Section 397 — India Law Library Docid # 2426025
(394) BRAHMKSHATRIYA BHAGVATIBEN KHETSINHBHAI Vs. NIMUBEN JAYANTIBHAI BAMBHANIYA AND OTHERS[GUJARAT HIGH COURT] 30-04-2025 Representation of the People Act, 1951 — Sections 80, 81, 100(1)(d)(iv) — Election Petition — Challenging General Election — Ground of defective nomination affidavit filed in vernacular language instead of English — Article 84(a) of Constitution of India — Validity of nomination papers — Objections raised before District Election Officer regarding affidavit format, missing information, non-payment certificates, notary issues, and language India Law Library Docid # 2426026
(395) DHULABHAI BAPUDAS AND NARMADABEN DHULABHAI LHS LATE VIMLABEN D/O DHULABHAI W/OBECHARDAS THROUGH LHS AND OTHERS Vs. KESHAVLAL MOHANLAL LHS OF LATE CHUNIBHAI KESHAVLAL AND OTHERS[GUJARAT HIGH COURT] 30-04-2025 Constitution of India, 1950 — Article 227 — High Court’s power of superintendence — Scope of interference — Limited jurisdiction to correct grave dereliction of duty, flagrant abuse, or violation of fundamental principles of law or justice — Not an appellate jurisdiction to re-appreciate or re-weigh evidence or facts — Interference appropriate only for patent errors of law or fact resulting in grave injustice, or when a subordinate court acts without, in excess of, or refuses to exercise vested India Law Library Docid # 2426027
(396) INDIRA DEVI SURANA Vs. ROOPCHAND KUCHERIA AND OTHERS[GAUHATI HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 — Section 47 — Execution of decree — Question relating to execution, discharge or satisfaction of the decree — Scope — Application under Section 47 challenging execution based on a purported fresh tenancy agreement subsequent to a decree for ejectment — Claim of fresh tenancy based on a verbal Will of the deceased landlord — Testamentary succession governed by the Succession Act, 1925 — Verbal Will not recognized for probate — Rights under a Will require probate for es India Law Library Docid # 2426175
(397) TUSHAR NATH Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 30-04-2025 Penal Code, 1860 — Section 302 — Murder — Section 304 Part II — Culpable Homicide Not Amounting to Murder — Alteration of Conviction — Essential ingredients of Section 302 include intention to cause death or knowledge that act is likely to cause death in all probability — Accused convicted under Section 302 for assault with blunt side of axe on abdomen, resulting in death after 13 days due to septic shock — Evidence shows single blow, not repeated, on non-vital part with blunt weapon India Law Library Docid # 2426176
(398) AMRI KARBI DEVELOPMENT SOCIETY AND OTHERS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 30-04-2025 Public Interest Litigation — Scope and Limitations — Bona fides — Abuse of Process — Essential ingredients are genuineness of the petition, satisfaction of correctness of contents, substantial public interest involvement, redressal of genuine public harm/injury, absence of personal gain/motive — Court must verify credentials and be extremely careful in allowing process to be used — Frivolous or motivated petitions detract from court’s time and India Law Library Docid # 2426202
(399) SHYAM NANDAN MEHTA Vs. SANTOSH KUMAR AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Service Law — Appointment — Validity — Discrepancy in Category Certificate — No Undue Advantage — An appointment secured on merit cannot be set aside merely due to a discrepancy between the candidate’s actual reservation category (Backward Class - BC) and the category mentioned (Most Backward Class - MBC) in the qualifying Teacher Eligibility Test (TET) certificate, especially when: (i) the candidate applied for and was selected under their correct category (BC); (ii) they secured higher marks t India Law Library Docid # 2425190
(400) PUNIT BERIWALA Vs. THE STATE OF NCT OF DELHI AND OTHERS[SUPREME COURT OF INDIA] 29-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Scope of Inquiry — The power to quash an FIR under Section 482 Cr.P.C. must be exercised sparingly and with circumspection — The Court cannot embark upon an inquiry into the reliability or genuineness of the allegations made in the FIR/complaint and must proceed assuming the averments to be true — Investigation should not be thwarted at the initial stage unless no cognizable offence India Law Library Docid # 2425191