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(21) GOLJAR UDDIN AHMED @ RAJU AND OTHERS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 15-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(c) — Possession of commercial quantity of psychotropic substance — Evidence — Seizure witnesses turned hostile or did not corroborate investigating officer — Non-production of seized contraband and samples — Essential requirement is proving possession of contraband beyond reasonable doubt — Sole testimony of police official requires corroboration from independent sources, especially when not supported by production of seized artic
India Law Library Docid # 2426137

(22) NATIONAL INSURANCE CO. LTD. Vs. ON THE DEATH OF HAIDAR ALI HIS LEGAL HEIRS RABIYA BIBI AND OTHERS[GAUHATI HIGH COURT] 15-05-2025
Motor Vehicles Act, 1988 — Sections 163A, 166 — Motor Accidents Claims Tribunal — Award of Compensation — Death of unmarried victim — Liability of Insurer — Proof of Insurance — Seizure of insurance certificate during criminal investigation showing policy validity at time of accident — Evidence of Insurer’s witness contradicting existence of policy with their specific branch without proper authentication or identification of signatory — Departures from pleadings concerning the insurance policy —
India Law Library Docid # 2426138

(23) MD. ABU BAKKAR SIDDIQUE Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 15-05-2025
Constitution of India — Articles 226 & 227 — Foreigners Tribunal — Opinion/Order — Burden of Proof — Perversity — Judicial Review — Challenge to a Foreigners Tribunal’s opinion declaring the petitioner a foreigner — Tribunal’s opinion based on the petitioner’s failure to provide valid documentation during the initial enquiry and inconsistencies in exhibited voter lists regarding age and relational details — Petitioner’s primary documents (voter
India Law Library Docid # 2426139

(24) UT OF J&K AND OTHERS Vs. ROBIN KOUL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 14-05-2025
Service Law — Regularization — Casual/Seasonal/Need Based Workers — Engagement of a worker as ‘Training Substitute Fisheries Guard’ continuously for over two decades — Distinction between illegal and irregular appointments — Long and uninterrupted service indicates work of perennial nature, not temporary — Stoppage of salary and retrospective dispensing of services based on a Government circular dated 17
India Law Library Docid # 2425863

(25) NEENA SINGH THAKUR Vs. PR. COMMISSIONER OF INCOME TAX AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 14-05-2025
Income Tax Act, 1961 — Section 148A(b) — Notice under — Proposing issuance of notice under Section 148 — Income escaping assessment — Requirement to show cause — Information suggesting income chargeable to tax has escaped assessment — Details of information and supporting documents to be enclosed — Assessee required to submit reply with supporting documents.
India Law Library Docid # 2425870

(26) SAURABH BHATNAGAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 14-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 21 & 29 — Conviction and sentence — Appeal against — Independent witnesses not supporting prosecution case — Effect of hostile witnesses — While evidence of hostile witnesses may lose credibility, it can be relied upon if corroborated by other reliable evidence; conviction not solely discarded due to hostile witnesses.
India Law Library Docid # 2425872

(27) CHIEF EXECUTIVE OFFICER GTL INFRASTRUCTURE LIMITED AND ANOTHER Vs. MD. SAMIQUL HUSSAIN[GAUHATI HIGH COURT] 14-05-2025
Arbitration and Conciliation Act, 1996 — Sections 8 and 37 — Application for reference to arbitration — Requirements — Lease agreement containing arbitration clause — Unstamped or insufficiently stamped agreement — Admissibility and enforceability — Constitution Bench judgment in N.N. Global Mercantile Private Limited on unstamped agreements applied — An unstamped or inadequately stamped instrument with an arbitration clause is not a contract enforceable in law and cannot be acted upon for Secti
India Law Library Docid # 2426135

(28) SUBHASH CHAND AND OTHERS Vs. BHUPINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Suo motu power of Court — Application by defendant not mandatory — Presence of all defendants or even one defendant not necessary — Court’s inherent power to reject plaint at threshold if barred by law, based solely on plaint averments and annexed documents — Absence of proforma defendant inconsequential for Order 7 Rule 11 determination — Rejection of plaint where suit appears
India Law Library Docid # 2425874

(29) MADAN KISHORE AND OTHERS Vs. COL. SUDHIR SEWAL (DECEASED) THROUGH LRS.[HIMACHAL PRADESH HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 115 — Revision — Assailing order of Executing Court dismissing objections — Permissibility — Objectors re-agitating issues already settled up to Supreme Court — Not permissible — Petitions dismissed.
India Law Library Docid # 2425875

(30) STATE OF GUJARAT Vs. HARISHBHAI KANJIBHAI SATVARA[GUJARAT HIGH COURT] 13-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Scope of Appellate Interference — Re-appreciation of evidence — Principles reiterated: Appellate court has full power to review, re-appreciate, and reconsider evidence, without limitations under CrPC; can reach its own conclusions on fact and law; expressions like “substantial and compelling reasons” are linguistic flourishes, not curtailing power;
India Law Library Docid # 2426051

(31) ON THE DEATH OF BHUBAN MOHAN DAS, HIS LEGAL HEIRS SMT. LAKSHMI PRABHA DAS AND OTHERS Vs. ON THE DEATH OF LATE SAMARESH BANERJEE HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Formulation of substantial questions of law is determined by ascertaining foundational facts from pleadings, issues framed, and court findings — Insufficient foundational facts preclude a substantial question of law
India Law Library Docid # 2426133

(32) SMTI. SANTI DEVI AND OTHERS Vs. ON THE DEATH OF WALLUS SAHID HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent findings of fact by Trial Court and First Appellate Court — Perversity — Second appellate court exercising jurisdiction under Section 100 CPC should not disturb concurrent findings of fact unless found to be perverse — Decision is perverse if arrived at by ignoring or excluding relevant material, taking irrelevant material, or if findings outrageously defy logic or are based on no evidence or th
India Law Library Docid # 2426134

(33) MADHAB KRISHNA GOSWAMI Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 13-05-2025
This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Sri Madhab Krishna Goswami, praying for quashing of the criminal proceedings of PRC Case No. 100/2023, pending before the Court of the learned Sub-Divisional Judicial Magistrate(M), Jonai. The aforesaid PRC Case
India Law Library Docid # 2426390

(34) SHRI. BHARAT BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 13-05-2025
This criminal appeal under Section 374, Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against the Judgment and Order dated 03.11.2017, passed by the Court of learned Sessions Judge, Jorhat in Sessions Case no. 18 [J-J] of 2011, whereby the accused-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine,
India Law Library Docid # 2426391

(35) DHARAM CHAND Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-05-2025
Criminal Procedure Code, 1973 — Section 173(8) — Further investigation after submitting report/taking cognizance — Power of Magistrate — Magistrate can suo motu direct police to conduct further investigation even after taking cognizance of a report under Section 173(2) — Rationale rooted in ensuring proper and fair investigation and serving the ends of justice under Article 21 of the Constitution — Overruling previous contrary judgments
India Law Library Docid # 2425868

(36) BHUPENDRA KUMAR DHANKAR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 09-05-2025
Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 — Rule 9 — Discipline and Control — Disciplinary Authority for Major Punishment — Regularized Shiksha Karmi — Termination of services — Major punishment — Rule 9 mandates that the General Administration Standing Committee of the Janpad Panchayat is the disciplinary authority for awarding major punishment to regular employees — Chief Executive Officer lacks jurisdiction to impose major punishment of terminat
India Law Library Docid # 2425681

(37) MANOJ KUMAR SONI Vs. DIRECTORATE OF ENFORCEMENT[CHHATTISGARH HIGH COURT] 09-05-2025
Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Scope and application — Constitutional mandate of Article 21 — Right to speedy trial — Long incarceration — Section 45 imposes additional conditions for bail but does not create an absolute prohibition — Detention without reasonable prospect of timely trial infringes Article 21 — Applicability of twin conditions must yield to constitutional right to liberty and speedy trial in cases of long incarceration not attri
India Law Library Docid # 2425682

(38) TIRTHRAJ AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Charge — Framing of — Quashing of consequential charge-sheet — Applicant (Sub-Divisional Officer/Land Acquisition Officer) facing charges under various IPC sections including cheating and forgery read with conspiracy and criminal intimidation — Impugned order framing charges against applicant challenged — FIR and witness statements initially not naming applicant — Applicant’s name appearing in charge-sheet and prosecution sanction order alleging conspiracy and use
India Law Library Docid # 2425683

(39) STEEL AUTHORITY OF INDIA LIMITED (BHILAI STEEL PLANT) MAHAMAYA DULKI IRON AND MINES AND OTHERS Vs. THE REGIONAL OFFICER CHHATTISGARH ENVIRONMENT CONSERVATION BOARD[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Quashing of criminal proceedings — Abuse of process of law — Exercise of inherent powers proper where allegations in FIR/complaint, even if taken at face value, do not prima facie constitute any offence or where uncontroverted allegations/supportive evidence do not disclose commission of offence — Magistrate’s order summoning accused must reflect application of mind to facts and law, and examine nature of allegations and evidence fo
India Law Library Docid # 2425684

(40) MANOJ KUMAR SONI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Regular Bail Application — Police Station ABC/EOW, Raipur KNo 01/2024 — Offences under Sections 409, 120-B IPC read with Sections 11, 13(1)(a), and 13(2) of the Prevention of Corruption Act, 1988 — Long incarceration and delay in commencement of trial — Speedy trial as a facet of fundamental right to life under Article 21 of the Constitution of India — Gravity of crime not an inviolable bar to bail in case of speedy trial violation — Section
India Law Library Docid # 2425685