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(161) MUKESH KUMAR SINGH Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 26-08-2025
Constitution of India, 1950 — Article 142 — Compassionate Appointment — Nature and Purpose — Compassionate appointment is an exception to constitutional provisions and not a source of recruitment; its primary purpose is to provide immediate relief to the family of a deceased employee to overcome sudden financial
India Law Library Docid # 2432130

(162) ASHOK INVESTORS TRUST LIMITED Vs. CROSSLINK FOOD & FARMS PVT. LTD. AND OTHERS[BOMBAY HIGH COURT] 26-08-2025
Commercial Courts Act, 2015 — Section 13(1-A) — Appeal against order granting temporary injunction — High Court reviewing discretion of lower court — Appellate court should not interfere unless discretion is arbitrary, capricious, perverse, or ignores settled principles of law — Interference warranted only if lower court's
India Law Library Docid # 2432141

(163) HEM PRABHAKAR SHAH Vs. STATE OF MAHARASHTRA AND OTHER[BOMBAY HIGH COURT] 26-08-2025
Criminal Procedure Code, 1973 — Section 155 — Lookout Circular (LOC) — Quashing of LOC — Petitioner, a Singapore citizen, sought quashing of LOC and return of passport and OCI card — Allegations of fraud under Section 420 read with Section 34 IPC in a 2019 FIR — FIR was at investigation stage with no timeline for trial due to co-accused being abroad — Petitioner's arrest in 2024 based on LOC was
India Law Library Docid # 2432142

(164) SUNIL KOTNALA AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 26-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Inherent jurisdiction — Powers under Section 482 CrPC are to be exercised sparingly and with circumspection to prevent abuse of the process of Court or to secure the ends of justice — Not to short-circuit legitimate prosecution at the threshold.
India Law Library Docid # 2432349

(165) BHAJAN SINGH Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 26-08-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Interference with investigation — High Court will not ordinarily interfere at the stage of initiation of an inquiry or investigation unless the action is shown to be patently without jurisdiction or vitiated by demonstrable mala fides.
India Law Library Docid # 2432350

(166) MADARSA INAMUL ULUM SOCIETY Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 26-08-2025
Uttarakhand Madarsa Education Board Act, 2016 — "institution" as a Madarsa or Oriental College established and administered by Muslim minorities and recognized by the Board for imparting Madarsa Education — The Act also defines "Madarsa-Education" to include religious teachings and other specified branches of learning — If petitioners fail to adhere to their undertaking or use the term "Madarsa" unauthorizedly, authorities are permitted to take necessary action against them.
India Law Library Docid # 2432351

(167) ATUL SHAH AND ANOTHER Vs. ADDL. CHIEF REVENUE COMMISSIONER CIRCUIT COURT, NAINITAL, UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 26-08-2025
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 331 — Second Appeal — Jurisdiction — A second appeal lies only on a substantial question of law. The appellate authority cannot decide the appeal summarily without formulating or indicating such question.
India Law Library Docid # 2432352

(168) YASEEN Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 25-08-2025
Land Acquisition Act, 1894 — Sections 4, 6, 7, 9 and 11 — Public Purpose — Land for Police Station and Nagar Panchayat Office — High Court's direction to District Magistrate to decide on suitability of land — District Magistrate's order allotting land based on site inspection and reports considered commercial viability, accessibility, existing government orders, approval of tenders, and impact on law and
India Law Library Docid # 2432353

(169) STATE OF UTTARANCHAL Vs. RAJPAL YADAV AND ANOTHER[UTTARAKHAND HIGH COURT] 25-08-2025
Penal Code, 1860 (IPC) — Sections 323, 325, 394 — Appeal against acquittal — High Court’s power to interfere — While appellate court has full power to review evidence, it must respect the trial court’s acquittal if two reasonable conclusions are possible from the evidence, especially in criminal cases where presumption of innocence is strengthened by acquittal. Interference is only warranted if the trial
India Law Library Docid # 2432354

(170) DEVENDRA MEHRA AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 25-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of process — High Court's inherent power to prevent misuse of legal process or secure justice — Matters involving disputed facts and evidence appreciation are typically for trial, but inherent powers can be exercised in exceptional cases.
India Law Library Docid # 2432355

(171) ABHILASHA SAXENA AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 25-08-2025
Constitution of India, 1950 — Article 226 — Writ of Mandamus — Age Relaxation — Court cannot grant age relaxation as it is a policy matter for the employer — However, where recruitment processes are repeatedly aborted and rules changed causing candidates to become age-barred, the Court may direct that the original cut-off date for age be applied to ensure fairness, especially when a previous selection process was also deemed unfair due to delays.
India Law Library Docid # 2432356

(172) TARKENDRA VAISHNAV AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 25-08-2025
Uttarakhand Cooperative Societies Rules, 2004 — Rule 271(ii) and Rule 272(4) — Pension and Post-Retiral Benefits — Revision — Members of Cooperative Tribunal appointed after superannuation from parent service are entitled to recalculation of pension and gratuity based on their tenure as Tribunal members, in addition to benefits already received from parent service
India Law Library Docid # 2432357

(173) DEEPAK SINGH BISHT Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 25-08-2025
Penal Code, 1860 (IPC) — Sections 302, 201 — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(v) — Murder, Causing disappearance of evidence of offence — Conviction based on circumstantial evidence — Prosecution failed to prove beyond reasonable doubt that the room from which blood-stained articles were recovered belonged to the appellant — Witness testimonies regarding the ownership of the room were hearsay and uncorroborated —
India Law Library Docid # 2432358

(174) BHEEMARAYA @ BHEEMAREDDY @ REDDY Vs. STATE[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 23-08-2025
Penal Code, 1860 (IPC) — Section 366A — Procuration of minor girl — Ingredients of Section 366A require inducing a minor girl with the intent that she may be forced or seduced into illicit intercourse with another person — Evidence showed the accused took the minor girl and subjected her to sexual acts, but not that he procured her for intercourse with another person — Conviction under Section 366A was set aside as the
India Law Library Docid # 2432155

(175) SRI. KAMAL KUMAR JAIN Vs. BENAKA SPONGE IRON PVT. LTD. AND OTHERS[KARNATAKA HIGH COURT (DHARWAD BENCH)] 23-08-2025
Negotiable Instruments Act, 1881 — Sections 138 and 139 — Dishonour of cheque — Presumption in favour of holder — Issuance of cheque admitted — Trial court erred in acquitting accused when presumption of legally enforceable debt under Section 139 was not rebutted — Accused failed to rebut presumption by adducing evidence — Appeal allowed, acquittal set aside, and accused convicted.
India Law Library Docid # 2432156

(176) SANJAY SINGH BHANDARI @ SANJAY BHANDARI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 22-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of process of Court — Criminal proceedings can be quashed by superior courts to prevent abuse of process and secure justice — Courts can consider circumstances beyond the FIR/complaint to determine if proceedings are frivolous or vexatious
India Law Library Docid # 2432359

(177) GOKULANAND SALWASI Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 22-08-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Application to challenge cognizance/summoning order and entire proceedings — Allegations of rape under Section 376 IPC — FIR lodged promptly, victim young and from respectable family — Delay in FIR not inordinate — Absence of specific circumstances like prior marriage or caste differences, distinguishing from
India Law Library Docid # 2432360

(178) SARTHAK CHHILLAR Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 22-08-2025
Penal Code, 1860 (IPC) — Sections 147, 148, 307, 308, 323, 324, 325, 504, 505, 506 — Charge framing — Revisional jurisdiction limited to perversity, illegality or material irregularity — Prima facie case established under Section 307 IPC based on FIR, witness statements, and medical reports — Delay in FIR and private medical examination do not automatically vitiate proceedings or suggest concoction — Court has discretion to consider an application for charge alteration or addition filed by a
India Law Library Docid # 2432361

(179) RAMVIR Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 21-08-2025
Penal Code, 1860 (IPC) — Sections 363 and 366 — Kidnapping and abduction of a woman for marriage or illicit intercourse — Appeal against conviction — Victim's testimony and documentary evidence (High School mark sheet) establishing her age as 15 at the time of incident — Prosecution successfully proved all ingredients of the offences.
India Law Library Docid # 2428956

(180) MOHAN LAL SRIVASTAVA AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 21-08-2025
U.P. Revenue Code, 2006 — Section 67 — Eviction Proceedings — Appeal Under Section 67(5) — Writ Petition — Consolidation Proceedings — Claim Under Section 9 of U.P. Zamindari Abolition and Land Reforms Act, 1951 — Claim Under Section 67-A of U.P. Revenue Code, 2006 — Petitioners claimed land settled as abadi under Section 9 of Act No. 1 of 1952 and alternatively sought settlement under Section 67-A of Code of
India Law Library Docid # 2428957