(341) SMT. MAYA DHAKAD Vs. SHRI BHARAT DHAKAD[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-12-2025 Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — Challenging Appellate Order on Temporary Injunction — Power under Article 227 is exercised to correct manifest injustice, jurisdictional error, or perversity, not merely because a different view is possible — High Court affirmed the Appellate Court's decision granting temporary injunction as it found the order legal, proper, and India Law Library Docid # 2436290
(342) PANCHRAM KURRE AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 05-12-2025 Criminal Law — Conviction and Sentence — Penal Code, 1860 (IPC) — Sections 325/34 (Voluntarily causing grievous hurt by several persons) and 341 (Wrongful restraint) — Appeal against conviction — Evidence — Consistency of prosecution evidence regarding wrongful restraint and assault causing grievous hurt (including fracture) upheld based on medical and police evidence — Non-establishment of India Law Library Docid # 2437467
(343) HIMMAT SINGH Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 05-12-2025 Essential Commodities Act, 1955 — Sections 2(a), 3 and 7 — Applicability — Essential Commodity — Gas Regulator — Penal provisions under the EC Act can only be invoked if the commodity is expressly enumerated in Section 2(a) or notified by the Central Government — A gas regulator, being merely an accessory used with LPG, cannot be treated as an “essential commodity” unless specifically declared so by a statutory instrument — In the absence of such a notification or control order India Law Library Docid # 2437555
(344) BRIJ MOHAN @ RAJA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 05-12-2025 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) (as applicable in 1991) — Essential Ingredients — Requirement of 'In any place within public view' — The provision punishes intentional insult or intimidation with intent to humiliate a member of SC/ST when committed 'in any place within public view' — This phrase mandates that the alleged act must occur at a location where it is capable of being observed, perceived, or witnessed by objective India Law Library Docid # 2437556
(345) MEHRUNISHA AND OTHERS Vs. LEGAL REPRESENTATIVES OF MANSUR AHMAD AND OTHERS[RAJASTHAN HIGH COURT] 05-12-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Scope of Appellate Review — The duty of the appellate court is to reassess both facts and law, testing each finding of the Trial Court against settled principles of evidence like onus probandi and that the plaintiff must succeed on the strength of their own case, not the weakness of the defence. India Law Library Docid # 2437557
(346) DALPAT SINGH AND OTHER Vs. LRS OF JABBAR SINGH, THROUGH LEGAL HEIRS AND OTHERS[RAJASTHAN HIGH COURT] 05-12-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Legality and correctness of rejection of plaint under Order 7 Rule 11 affirmed by Appellate Court — Suit seeking permanent and mandatory injunction to restrain alienation of plots allotted by RIICO (Rajasthan State Industrial Development and Investment Corporation) and direction to RIICO to execute a lease deed in favour of the plaintiff — Plaint rejected concurrently by Trial Court and First Appellate Court. India Law Library Docid # 2437558
(347) NURMOHMMED JAMAL BHADRKA Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 05-12-2025 Administration of Evacuee Property Act, 1950 — Declaration of Evacuee Property — Land purchased via registered sale deed in 1951 from a person who subsequently left India for Pakistan and returned in 1980 — Declaration of land as 'Evacuee Property' in 1993 based on the original owner's affidavit from 1980 denying the sale — High Court quashed the declaration orders on the ground that similar declarations concerning India Law Library Docid # 2437839
(348) STATE OF GUJARAT Vs. VIKRAMBHAI KESHAVBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 05-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378(1) — Appeal against acquittal — Scope of interference — High Court analyzing evidence in appeal against acquittal in dowry death case, finding trial court's reasons for acquittal just and proper — Interference warranted only if judgment of acquittal suffers from patent perversity, misreading/omission of material evidence, or if only conclusion possible is guilt of India Law Library Docid # 2437840
(349) STATE OF GUJARAT Vs. BABUBHAI KALIDAS RATHOD[GUJARAT HIGH COURT] 05-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of interference by Appellate Court — Principles guiding review of acquittal — Appellate court has full power to review and re-appreciate evidence — However, there is a double presumption of innocence in favor of the accused (initial presumption and reinforcement by acquittal) — If two reasonable conclusions are possible, the finding of acquittal recorded by the Trial Court should not be disturbed — Appellate Co India Law Library Docid # 2437841
(350) PRAKASH SINGH Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 04-12-2025 Service Law — Recruitment — Essential Qualifications — Draughtsman Examination, 2023 — Challenge to selection result — Urban Development Department — Qualification prescribed: Intermediate (10+2) and Diploma/ITI Certificate in the "concerned Trade" — Interpretation of "concerned Trade" — The term "concerned Trade" in the context of Draughtsman post in the Urban India Law Library Docid # 2436526
(351) PRANJIT BANIK Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 04-12-2025 Service Law — Seniority — Determination of seniority in Lower Division Cadre — Assam District and Sessions Judges Establishment (Ministerial) Service Rules, 1987 (Rules of 1987) — Rule 12(i) mandates seniority based on the date of appointment, provided the person joins within 15 days of receiving the appointment order — If multiple persons are appointed on the same date, inter-se seniority is determined by their position in the merit list — Where a candidate, higher in the merit India Law Library Docid # 2437247
(352) AJIJUL ISLAM Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 04-12-2025 Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 4 — Indian Penal Code, 1860 (IPC) — Section 366 — Conviction under Section 4 of POCSO Act and Section 366 of IPC challenged — Prosecution alleged forcible kidnapping, confinement, and repeated sexual assault of a 13-year-old victim. India Law Library Docid # 2437245
(353) SMTI. SANGITA DEVI JALLAN AND OTHERS Vs. M/S TRADE & TRANS AND OTHERS[GAUHATI HIGH COURT] 04-12-2025 Motor Vehicles Act, 1988 — Section 166 — Motor accident compensation — Contributory negligence — Assessment of negligence — Accident involving head-on collision between a truck and a van leading to the death of the van driver — Tribunal applied 50% contributory negligence — Head-on collision by itself does not automatically constitute contributory negligence — Evidence of eye witness (PW-2) remained unrebutted, establishing sole negligence of the truck driver — Charge-sheet India Law Library Docid # 2437246
(354) PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD. AND OTHERS Vs. MULKH RAJ[PUNJAB AND HARYANA HIGH COURT] 04-12-2025 Service Law — Promotion — Retrospective Promotion — Entitlement to financial benefits/arrears of pay — Employee granted retrospective promotion but denied monetary benefits by promotion order on the basis of 'no work, no pay' principle — Concurrent findings of fact by Trial Court and Appellate Court that employee's inability to work on the promoted post was due to inaction, delays, and administrative lapses on the part of the employer (PUNSUP), and not due to any fault of the India Law Library Docid # 2436934
(355) CHARAN DASS (DECEASED) THROUGH HIS LRS Vs. PUNJAB STATE AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 04-12-2025 Service Law — Temporary Employee — Termination of Service — Justification — Termination of a temporary employee is governed by the terms of the contract of service, which can stipulate termination without assigning any cause at any time — Where the termination order is innocuous, stating only that services are 'no longer India Law Library Docid # 2436935
(356) GURMUKH SINGH Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 04-12-2025 Criminal Revision — Modification of Sentence — Scope — Petitioner convicted under Sections 279, 337, and 304-A of the Penal Code, 1860 (IPC) — Conviction affirmed, but prayer confined to reduction of sentence to the period already undergone — Incident occurred in 2008, resulting in 17 years of protracted trial and agony — Petitioner had already undergone 9 months of imprisonment against a total sentence of 1 year — Mitigating factors considered: long pendency of the case (17 years), India Law Library Docid # 2436936
(357) STATE Vs. M/S MODERN LABORATORIES[BOMBAY HIGH COURT (GOA BENCH)] 04-12-2025 Drugs and Cosmetics Act, 1940 — Sections 23, 25(3), 25(4) — Procedure for taking samples and conclusive evidence of test reports — Mandate of Section 23 requires an Inspector to divide drug sample into four portions: one for the person from whom taken, one for Government Analyst, one for court, and one for the manufacturer/person disclosed under Section 18-A — Section 25(3) establishes the Government Analyst's India Law Library Docid # 2437181
(358) M/S.KRK EDUCATION TRUST REP. BY ITS MANAGING TRUSTEE MR.K.R.ILANGHOVAN Vs. MR. D. PREM, PROPRIETOR, M/S.D SQUARE, TIRUCHIRAPALLI[MADRAS HIGH COURT] 04-12-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside/Modification of Arbitral Award — Scope of judicial intervention — High Court cannot sit in appeal over the arbitral award and interfere with findings that are based on appreciation of evidence, unless there is perversity or patent illegality — Arbitral Tribunal's finding regarding reduction in construction rate for ground and first floors India Law Library Docid # 2436679
(359) ASHISH RANGARI AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 04-12-2025 Penal Code, 1860 (IPC) — Section 304-A — Causing death by negligence — Construction site accident — Death due to electrocution — Alleged negligence of construction company officials (Project Head, Site Engineer, Foreman, Supervisor, Contractor) for continuing construction under live 11 K.V. overhead electric lines without taking safety precautions and failing to shift lines despite permission and India Law Library Docid # 2437468
(360) SHANKAR RAM Vs. THE STATE OF RAJASTHAN AND OTHER[RAJASTHAN HIGH COURT] 04-12-2025 Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 — Rule 32 — Disciplinary Enquiry — Evidence and Proof — Scope of Preliminary Enquiry — The purpose of a Preliminary Enquiry is only fact-finding to ascertain if a prima facie case exists; once a regular departmental enquiry is initiated, the charges must be proved independently through legally admissible evidence led during the formal proceedings — Findings of guilt cannot be based solely on the Preliminary Enquiry India Law Library Docid # 2437550