(321) AJEET GURJAR Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-05-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 19(1) — Powers of Children’s Court — Trial of child as adult — Interpretation of “may” as “shall” — The Children’s Court, upon receiving a preliminary assessment from the Juvenile Justice Board under Section 15, is mandated (“shall”) to decide whether there is a need to try the child as an adult or to conduct an inquiry as a Board and pass appropriate orders under Section 18 — This determination is a mandatory India Law Library Docid # 2427763
(322) MAHENDRA Vs. NAMDEV DEVELOPERS (LLC) THROUGH DIRECTOR / PARTNER/ OFFICIAL REPRESENTATIVE SHRI MANOJ AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-05-2025 Civil Procedure Code, 1908 — Order 39, Rules 1 & 2 — Temporary Injunction — Dismissal of Application — Appeal — Essential Ingredients — To obtain an interim injunction, a party must establish a prima facie case, balance of convenience in their favor, and the likelihood of suffering irreparable loss if the injunction is not granted. India Law Library Docid # 2427764
(323) VIKRAM SINGH RATHORE AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 24-05-2025 Education — Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Schedule-I(1)(b)(i) — Appointment of Teachers for Middle Schools (Classes 6-8) — “Science and Mathematics” teacher — Interpretation of “and” — The term “Science and Mathematics” in the RTE Act’s schedule, regarding the first teacher for middle schools, should be read conjunctively, meaning a single teacher capable of teaching both Science and Mathematics, not separate teachers for each India Law Library Docid # 2427765
(324) UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD. Vs. HAIDAR ALI AND OTHERS[GAUHATI HIGH COURT] 23-05-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against MACT Award — Assessment of Income — Claim by skilled worker (mason) for Rs. 12,000/- per month — Absence of documentary evidence — Effect of uncontroverted oral evidence and claim petition statements on monthly income — Rebuttal of income claim in cross-examination only by suggestion — Minimum wage notifications as yardstick but not absolute in absence of documentary evidence — Permissibility India Law Library Docid # 2426132
(325) KUTU TELIPATHAR Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 22-05-2025 Criminal Procedure Code, 1973 — Section 383 — Criminal appeal from jail — Appeal against conviction and sentence under Section 302 IPC for uxoricide — Conviction based on finding of guilt — Sentence of rigorous imprisonment for life and fine imposed. India Law Library Docid # 2426131
(326) BABULAL @ RAMBABU Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-05-2025 Criminal Procedure Code, 1973 — Section 374 — Criminal Appeal — Appeal against conviction under Section 307 Penal Code, 1860 and Section 25(1-B)(a) Arms Act — Appellant assaulted complainant with a sword, causing injuries to hands and head — Trial Court convicted appellant under Section 307 IPC and Section 25(1-B)(a) Arms Act — Appeal based on nature of injuries being simple and not on vital parts, and lack of intention to murder. India Law Library Docid # 2427771
(327) VIDHI VIRUDH BALIKA Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 22-05-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Sections 2(12), 2(13), 94(1), 94(2) — Determination of Age — Prioritization of Documents — The Act defines a “child” as a person who has not completed eighteen years of age and a “child in conflict with law” as an offender below eighteen years of age on the date of the offense — Section 94(2) establishes a clear hierarchy for age determination: India Law Library Docid # 2427766
(328) RAMPAL SINGH Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 22-05-2025 Service Law — Departmental Enquiry — Appointment of Presenting Officer — M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 — Rule 14(5)(c) — The term “may” in Rule 14(5)(c) indicates that the appointment of a Presenting Officer is discretionary, not mandatory — Non-appointment of a Presenting Officer does not automatically invalidate an inquiry, unless the Inquiry Officer acts as a prosecutor by examining and cross-examining witnesses to establish the disciplinary India Law Library Docid # 2427767
(329) PROSECUTRIX X Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 22-05-2025 Medical Termination of Pregnancy Act, 1971 — Section 3 — Abortion — Minor victim — Pregnancy beyond prescribed limit (24 weeks) — Willingness to continue pregnancy — Risk to life due to advanced stage of pregnancy (31 weeks) — Supreme Court precedent — Reproductive autonomy — Right to choose — Paramountcy of pregnant person’s consent — When the minor victim and her parents express willingness to continue the pregnancy, despite being beyond the permissible India Law Library Docid # 2427768
(330) INREFERENCE AND OTHERS Vs. ANUTAB @ ANUTABH @ BETA PRAJAPATI AND OTHERS[MADHYA PRADESH HIGH COURT] 22-05-2025 Criminal Procedure — Sentencing — Death Penalty vs. Life Imprisonment — Aggravating and Mitigating Circumstances — When considering capital punishment, courts must weigh aggravating and mitigating factors to determine if a case truly falls into the “rarest of rare” category; emotions alone are not a guiding factor. India Law Library Docid # 2427769
(331) RAJENDRA SINGH Vs. HARISH KUMAR AND OTHERS[MADHYA PRADESH HIGH COURT] 22-05-2025 Civil Procedure Code, 1908 — Order 9 Rule 9 — Restoration of Suit — Dismissal in default — Limitation Act, 1963 — Section 5 — Condonation of Delay — Liberal approach — While courts generally adopt a liberal approach in condoning delay for “sufficient cause,” this principle is not absolute and must consider reasonableness and the party’s conduct. India Law Library Docid # 2427770
(332) M.A Vs. SUPERINTENDENT OF POLICE, VELLORE AND OTHERS[MADRAS HIGH COURT] 22-05-2025 Habeas Corpus — Scope and Application — Adulthood and Choice — When an adult individual, aged 25 and well-qualified, clearly expresses her desire to leave her parental home and reside with another adult, and there is no evidence suggesting mental instability or undue influence, her decision must be respected. The Court’s role in a habeas corpus petition is to ascertain the free will of the corpus, and once established, to ensure their India Law Library Docid # 2427976
(333) PROSANTA BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 21-05-2025 Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Penal Code, 1860 — Section 417 — Cheating — Promise of marriage — Consent to sexual intercourse — Validity of consent under misconception of fact — Applicability of Section 90 IPC — Distinction between false promise and mere breach of promise — Requirements for conviction under Section 417 IPC — Fact that India Law Library Docid # 2426130
(334) BIJOY KRISHNA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 20-05-2025 Criminal Procedure Code, 1973 — Section 383 — Appeal from Jail — Section 302 — Penal Code, 1860 — Murder — Circumstantial Evidence — Last Seen Theory — Non-examination of Material Witness — Hearsay Evidence — Failure to Establish Chain of Circumstances — Benefit of Doubt. The appellant’s conviction under Section 302 IPC based on circumstantial evidence, including the “last seen theory,” is challenged. The prosecution relied on witnesses whose testimony was India Law Library Docid # 2426129
(335) DR. (MRS) ANURADHA GUPTA Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025 Writ of Quo Warranto — Appointment — Eligibility vs. Suitability — A writ of quo warranto lies when an appointment is contrary to statutory provisions; it cannot be used to assess a candidate’s suitability. India Law Library Docid # 2427772
(336) LT.KARNEL CHANDRA KUMAR KICHLU (DELETED) AND OTHERS Vs. MUNICIPAL CORPORATION GWALIOR[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11(b) — Rejection of plaint — Non-valuation or deficient court fee in appeal — Curable defect — An appeal cannot be dismissed solely for improper valuation or deficit court fee, especially if the objection is raised late, as this is a curable defect and the appellant should be given an opportunity to rectify it. India Law Library Docid # 2427773
(337) M/S UNITED INDIA INSURANCE CO. LTD. Vs. SRI THANERWAR BARUAH AND OTHERS[GAUHATI HIGH COURT] 19-05-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against judgment and award of Motor Accident Claims Tribunal — Quantum of compensation — Just and fair compensation — Principles — Appeal raising grounds of objection as to reasonableness and fairness of quantum awarded by Tribunal — Court’s role is to assess whether award has a reasonable basis and is not excessive — Interference warranted if compensation is not fair or reasonable India Law Library Docid # 2426127
(338) RADHA RANI DAS AND OTHERS Vs. ASHISH MAZUMDAR AND OTHERS[GAUHATI HIGH COURT] 19-05-2025 Civil Procedure Code, 1908 — Order 21 Rules 97, 101 & 103 — Resistance or obstruction to possession of immovable property — Adjudication of claims — Third party claims — Scope of inquiry — Requirements — Court receiving application under Rule 97 must adjudicate claims in accordance with Rule 101, conducting a full inquiry into right, title, or interest — Applicant must be in possession to invoke Rule 97 — Appellants, claiming India Law Library Docid # 2426128
(339) RAM NIVAS Vs. THE STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India, 1950 — Article 226 — Habeas Corpus — Legality of Detention — A writ of habeas corpus generally cannot be issued when a person is committed to judicial custody by a competent court’s order, provided the order is not prima facie without jurisdiction or wholly illegal. India Law Library Docid # 2427774
(340) MANGHU BAIGA Vs. STATE OF MP. AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India — Article 226 — Writ Petition — Challenging order withdrawing financial powers of Sarpanch — Financial powers of Sarpanch withdrawn after being caught accepting bribe and registration of a criminal case under Prevention of Corruption Act, 1988 — Order passed without considering reply to show cause notice and opportunity of hearing — Contention that there is no provision India Law Library Docid # 2427775