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(481) BHAGAT SINGH Vs. UNION OF INDIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-04-2025
Civil Procedure Code, 1908 — Section 11 — Res Judicata — Applicability to Subsequent Suit after Dismissal of Writ Petition involving same Land and Parties — Where a plaintiff, after having his writ petition (CWP-2384-1971) concerning rights over evacuee land dismissed by the High Court, files a subsequent civil suit pertaining to the same land in dispute, the suit is clearly barred by the principles of res judicata, especially when the plaintiff was a party (petitioner No.6) to the said writ pet
India Law Library Docid # 2425553

(482) NATIONAL INSURANCE COMPANY LTD. Vs. MANJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-04-2025
Motor Vehicles Act, 1988 — Compensation — Death Case — Assessment — Future Prospects — Deceased aged 36 years, engaged in agricultural pursuit — Insurance company appealed against quantum — Tribunal added 50% for future prospects — Held, following National Insurance Company Limited vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009, for a deceased aged 36 years, future prospects should be 40% instead of 50%.
India Law Library Docid # 2425554

(483) NAVRAJ KAUR AND OTHERS Vs. SUNNY MASIH OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-04-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Enhancement — Just Compensation — Appeal for enhancement dismissed. The Tribunal awarded Rs. 74,93,842/-. The deceased, a Head Constable aged 45.5 years, had a net monthly income of Rs. 44,205/- (annual Rs. 5,30,465/-) after deduction of income tax. 30% future prospects were added — After 1/4th deduction for personal expenses and applying a multiplier of 14, loss of dependency was Rs. 72,40,842/- — Conventional heads were also
India Law Library Docid # 2425555

(484) HARISH SHARMA Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-04-2025
Criminal Procedure — Interference by Executive in Judicial Process — Sub Divisional Magistrate (SDM) ordering fresh medical board for re-examination of injuries in a sub judice criminal case pending trial before Sessions Court — Validity — Separation of Powers — Rule of Law — Due Process — Petition under Section 528 BNSS against SDM (Respondent No.3) for interfering in a sub judice matter arising from an FIR where charges including Section 307 IPC had been framed and a prior application
India Law Library Docid # 2425598

(485) LUCKY KUMAR Vs. SUSHMA ARYA[PUNJAB AND HARYANA HIGH COURT] 25-04-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Concurrent findings of conviction — Revisional jurisdiction — Scope of interference — When there are concurrent findings of conviction by two courts, the High Court, in exercise of its revisional jurisdiction, is not supposed to act as an appellate court and the scope of interference is extremely low — The object of revisional jurisdiction is to set right a patent defect or an error of jurisdiction or law, not to dwell at len
India Law Library Docid # 2425599

(486) JEET SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 25-04-2025
Punjab Excise Act (1 of 1914) — Section 61(i)(c) — Probation of Offenders Act, 1958 — Sections 3 and 4 — Criminal Procedure Code, 1973 — Sections 360 and 361 — Release on probation — Petitioner convicted under Punjab Excise Act — Petitioner has no criminal antecedents, has family responsibilities, faced trial for over 24 years, and has undergone a substantial part of the sentence — Considering these factors and the object of probation to reform first-time offenders, the sentence is modified to r
India Law Library Docid # 2425600

(487) KIRAN SARANGAL AND ANOTHER Vs. M/S ALLROUND SPORTING BALLS AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-04-2025
Civil Procedure Code, 1908 — Order 41 Rules 23, 23A and 25 — Remand by Appellate Court — Conditions for — Unwarranted remand — The First Appellate Court can remit a matter back to the trial court only after setting aside the trial court’s judgment on merits and concluding that a re-trial is necessary, as mandated by Order 41 Rule 23A — Appellate courts should be circumspect in ordering remands, especially when the case is not covered by Rules 23, 23A, or 25, to avoid giving litigation an undeser
India Law Library Docid # 2425601

(488) KANSHIRAM SAHU AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 25-04-2025
Criminal Procedure Code, 1973 — Section 161 — Statement recorded thereunder — Discrepancies with court testimony — Material discrepancies between child witness’s statement under Section 161 and his testimony in court, particularly regarding mother’s involvement in assault and father’s drunken state, cast doubt on the reliability of the child witness’s testimony.
India Law Library Docid # 2425664

(489) SMT. NASEEMA ALI AND OTHERS Vs. SMT. SAKEELA PARVEEN AND OTHERS[CHHATTISGARH HIGH COURT] 25-04-2025
Civil Procedure Code, 1908 — Order 17 Rule 1 — Adjournment — Speedy Justice — Timely Delivery of Justice — Sufficient Cause — Power of Court to grant time and adjourn hearing is contingent upon showing ‘sufficient cause’ and recording reasons in writing — However, a party is limited to a maximum of three adjournments during hearing of suit — Speedy justice is a legal and human right, essential for maintaining public confidence in administration of justice — Prolonged delays in leading evidence,
India Law Library Docid # 2425665

(490) DEEPAK KUMAR AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025
Criminal Procedure — Challenging Multiple FIRs — Maintainability of Joint Petition — A single petition challenging two distinct FIRs is not maintainable where the FIRs arise from separate incidents with no commonality of facts or law, requiring each FIR to be dealt with individually.
India Law Library Docid # 2425822

(491) ANIL GAIND AND ANOTHER Vs. UT OF J&K AND OTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025
Criminal Procedure Code, 1973 — Section 156(3) — Application under — Investigation pursuant to — Scope of — Magistrate’s power to direct investigation — FIR registration based on application under Section 156(3) CrPC.
India Law Library Docid # 2425823

(492) AMAN SATYA KACHROO TRUST Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025
Public Interest Litigation — Maintainability — Petitioner’s Standing — When a petitioner, a prospective bidder with a personal and competitive interest in the subject matter (here, establishment and operation of One Stop Centers), files a petition claiming public interest, such a petition is generally not maintainable.
India Law Library Docid # 2425824

(493) ABDUL GHANI AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025
Jammu and Kashmir Land Revenue Act, 1996 — Section 13(1)(a) — Review of orders by Revenue Officers — Requirement of Prior Sanction — Officer of a class below Collector empowered to review orders only with sanction of immediately superior Revenue Officer — Order proposed to be reviewed must be of a class below that of Collector or Revenue Officer seeking review — Sanction required prior to reviewing the order, not after — Assistant Commissioner (Revenue) reviewing order before obtaining sanction
India Law Library Docid # 2425844

(494) ROSHAN LAL Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED AND OTHERS[HIMACHAL PRADESH HIGH COURT] 25-04-2025
Civil Procedure Code, 1908 — Order 1 Rule 10 — Impleading of party — Application to implead Electricity Board as respondent No. 7 filed by petitioner.
India Law Library Docid # 2425887

(495) STATE BANK OF INDIA Vs. MANOJ S. BHUPTANI AND OTHERS[GUJARAT HIGH COURT] 25-04-2025
Civil Procedure Code, 1908 — Section 96 — First Appeal — Challenge to dismissal of suit for recovery of outstanding loan dues — Suit based on alleged outstanding amount of Rs. 1,90,022/- with interest — Appellant bank’s claim based on extract of statement of loan account (Exh. 67) — Respondent defendants’ defence of settlement and full and final payment (Exhs. 75, 76, 77) — Evidence indicating settlement for Rs. 3,50,000/- and bank’s acceptance — Subsequent letters confirming receipt of Rs. 1,00
India Law Library Docid # 2425997

(496) BHIKHUBHAI POPATBHAI BHAKHOTHARA DECD. THROUGH CHANDRIKA AND ANOTHER Vs. GHANSHYAM KATHAD BHAKHOTHARA AND OTHERS[GUJARAT HIGH COURT] 25-04-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased cleaner of Matador involved in collision with ST Bus — Tribunal finding deceased was gratuitous passenger and exonerating Matador’s insurer — Finding of gratuitous passenger status upheld based on Panchnama and lack of contrary evidence.
India Law Library Docid # 2425998

(497) HALS FOODS KITCHEN PRIVATE LIMITED Vs. PITHIYA JITENDRAKUMAR SOLE PROPRIETOR OF JAHAL ENTERPRISE[GUJARAT HIGH COURT] 25-04-2025
Copyright Act, 1957 — Section 2(c) — Artistic work — Label Mark — Claiming label as artistic work under Copyright Act — Whether label mark, typically falling under Trade Marks Act, qualifies as artistic work under Copyright Act Section 2(c) — Copyright subsists even in unpublished work and registration is not mandatory — Copyright holder has exclusive right to reproduce artistic work in any material form under Section 14(c) — Suit predominantly for infringement
India Law Library Docid # 2425999

(498) DISTRICT PANCHAYAT Vs. MANHARLAL MULCHAND GANDHI AND ANOTHER[GUJARAT HIGH COURT] 25-04-2025
Civil Procedure Code, 1908 — Section 115 — Revision Application — Scope of Executing Court’s Power — Back Wages — Calculation and Interest — Reinstatement implies continuous service — Executing Court calculating 75% back wages based on notional continuous service for period out of service (1972-1993) does not travel beyond decree’s scope — Contention that calculation should be based only on actual service rejected — Harassment of decree holder for prolonged period, even after setting aside first
India Law Library Docid # 2426000

(499) GEB NOW (PASHCHIM GUJARAT VIJ COMPANY LTD) AND OTHERS Vs. HEIRS OF DECD.CHANDRAD BHAGABHAI NANABHAI AND OTHERS[GUJARAT HIGH COURT] 25-04-2025
Civil Procedure Code, 1908 — Section 96 — First Appeal — Challenge to judgment and decree awarding compensation in a civil suit — Grounds of appeal primarily challenging the trial court’s finding on negligence — Question of compensation arises only upon proof of negligence — Burden of proof of negligence rests on the plaintiffs — Whether the trial court erred in finding negligence on the part of the defendant Electricity Board.
India Law Library Docid # 2425996

(500) COMMISSIONER OF INCOME TAX AND OTHERS Vs. SHANKAR LALL GOENKA[GAUHATI HIGH COURT] 25-04-2025
Income Tax Act, 1961 — Section 260A — Appeal to High Court — Substantial question of law — Framing of additional substantial question — High Court can frame a substantial question of law afresh, while satisfying itself that the case involves such question of law, as per proviso to sub-section (4).
India Law Library Docid # 2426211