ive
User not Logged..
Latest Cases

(421) MAMTA CHOUDHARY Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 08-05-2025
Service Law — Disciplinary Proceedings — Allegations of Financial Irregularity — Natural Justice and Procedural Fairness — Where a disciplinary proceeding results in a major penalty, a full-fledged enquiry involving show-cause notice, charge-sheet, examination of witnesses, and proper opportunity of hearing is essential and mandated by rules like the Chhattisgarh Rajya Nagarpalika (Karyapalan/Yantriki/Swasthya) Seva Bharti Tatha
India Law Library Docid # 2425686

(422) M/S JAI AMBEY EMERGENCY SERVICES (I) PVT LTD. Vs. STATE OF CHHATTISGARH AND ANOTHER[CHHATTISGARH HIGH COURT] 08-05-2025
Tender — Public Procurement — Judicial Review — Scope — Courts exercise judicial restraint in reviewing government tender processes, primarily examining the fairness of the decision-making process, not the soundness of the decision itself — Intervention is warranted if the process is mala fide, arbitrary, irrational, or affects public interest — The terms of the tender are generally within the employe
India Law Library Docid # 2425687

(423) HUKAM RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 08-05-2025
Criminal Procedure Code, 1973 — Section 397 — Criminal Revision — Scope of Interference — Revisional Court is not an appellate court and scope of interference is extremely narrow — Power vested to rectify patent defects, errors of jurisdiction or law, or perversity — Court does not dwell at length upon facts and evidence to reverse findings — Applies where decisions are grossly erroneous, lack legal compliance, findings are based on no evidence, material evidence is ignored, or judicial discreti
India Law Library Docid # 2425878

(424) SHREE MAHAVIR METALCRAFT PVT. LTD. Vs. JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Gujarat Provincial Municipal Corporation Act, 1949 — Section 141 — Municipal Taxation — Property Tax — Levy and Demand — Consolidated bills issued by Municipal Corporation challenging for period from 2013-14 to 2023-24 — Respondent Corporation concedes not enforcing demand for 2013-14 to 2017-18 — Challenge restricted to 2018-19 to 2023-24 — Statutory requirement of assessment and billing before expiry of official year — Contention that bills for later period
India Law Library Docid # 2425974

(425) M/S. BRILLIANT LIFESCIENCES PVT. LTD. Vs. GUJARAT MEDICAL SERVICE CORPORATION LTD. AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Constitution of India, 1950 — Article 226 — Special Civil Application — Debarment order — Challenge to — Scope of High Court intervention — Petitioner restricting challenge to debarment order and withdrawing challenge to contract termination and security deposit forfeiture with liberty to avail alternate remedies — High Court limiting its examination to the validity of the debarment order based on material presented — Such restricted challenge is permissible
India Law Library Docid # 2425983

(426) KHUMLABHAI KESARBHAI DHALAKIA AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 08-05-2025
Penal Code, 1860 — Section 302 (Murder) and 114 (Abettor present when offence is committed) — Criminal Appeal against conviction — Offence of culpable homicide amounting to murder — Role of accused — Evidence — Premeditation — Previous grudge between brothers over use of shared property — Accused No.1, the elder brother, came with an axe, hurled filthy language, and inflicted multiple axe blows on the deceased’s head, a vital part of the body — Accused Nos.2 and 3 (wife and daughter of Accused N
India Law Library Docid # 2425987

(427) STATE OF GUJARAT Vs. NIRMALABEN @ NIRU WD/O GOVINDBHAI DAHYABHAI[GUJARAT HIGH COURT] 08-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Principles governing appellate review — High Court empowered to review, reappreciate, and reconsider evidence — Requisite consideration of double presumption of innocence favoring the accused upon acquittal — Where two reasonable views are possible on the evidence, appellate court ordinarily refrains from interfering with trial court’s acquittal findings.
India Law Library Docid # 2426096

(428) LADDEV SAMPAT SOMANI Vs. JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Gujarat Provincial Municipal Corporation Act, 1949 — Section 141 — Property Tax — Levy and Demand — Challenge to property tax bills for the years 2013-2014 to 2023-2024 — Properties situated within Jamnagar Municipal Corporation limits — Initial challenge regarding period 2013-2014 to 2017-2018 withdrawn by Corporation — Focus on validity of levy and demand for 2018-2019 to 2023-2024 — Petitioners contend bills issued dehors the Act and Rules as assessment not completed
India Law Library Docid # 2426097

(429) BHABADWIP BORAH @ SRI BHABADUP BORAH AND ANOTHER Vs. STATE OF ASSAM AND AOTHER[GAUHATI HIGH COURT] 08-05-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Penal Code, 1860 — Sections 120B, 406, 420 — Quashing of criminal proceedings — Cheating (Section 420), Criminal Breach of Trust (Section 406), Criminal Conspiracy (Section 120B) — Agreement for sale of property — Non-execution of sale deed despite receiving advance payment — Concealment of prior mortgage on property — Applicability of criminal provisions versus civil dispute — Essential ingredient of cheating is fraudulent or dishonest in
India Law Library Docid # 2426147

(430) ATOWAR ALI Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 08-05-2025
Penal Code, 1860 — Section 302 — Murder — Dying Declaration — Evidence Act, 1872 — Section 32(1) — Balistic Evidence — Police Act, 1861 — Malkhana Register — Command Certificate — Absence of Motive — Direct Evidence — Credibility of eye-witness testimony and dying declarations supported by circumstantial evidence, including matching ballistics and recovery of weapon from accused, sufficient for conviction.
India Law Library Docid # 2426148

(431) MSTT. NOOR FATEH AND OTHERS Vs. ASSAM BOARD OF WAKF, GUWAHATI AND OTHERS[GAUHATI HIGH COURT] 08-05-2025
Wakf Act, 1985 — Section 83(9), 85, 3(r), 36(8), 37(3), 40, 112 — Wakf Act, 1954 — Section 4, 5, 6, 6A, 3(r) — Wakf property — Proof of — Suit for declaration and recovery of possession — Remand to Tribunal — Whether suit land is Wakf property — Conclusiveness of survey report and publication in Official Gazette under 1954 Act (Sections 4, 5) — Claim based on registration under 1954 Act and saving clause under 1995 Act (Section 112) — Whether subsequent registration or
India Law Library Docid # 2426149

(432) ON THE DEATH OF MUKUNDA CHANDRA DAS, HIS LEGAL HEIRS Vs. SMT. MEENA DEVI[GAUHATI HIGH COURT] 08-05-2025
Specific Relief Act, 1963 — Section 16(c) — Specific performance of contract — Readiness and willingness — Agreement for sale of land — Clause providing for mutual decision on value adjustment for increase or decrease in plot area upon demarcation — Demarcation revealing excess land — Plaintiff’s admission of unwillingness to pay for excess land as per agreement clause — This constitutes a failure to perform essential contractual obligation — Finding of plaintiff’s readiness and willingness
India Law Library Docid # 2426150

(433) MANOJ KUMAR BHADKARIYA Vs. STATE OF MADHYA PRADESH THROUGH SPECIAL POLICE ESTABLISHMENT (LOKAYUKT)[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-05-2025
Criminal Procedure Code, 1973 — Section 362 — Power to alter or review judgment/final order — Prohibition — A Court, once it has signed its judgment or final order disposing of a case, generally cannot alter or review it, except for correcting clerical or arithmetical errors — This principle is based on the Court becoming functus officio once the case is finally disposed of — Allowing a prosecution application to withdraw a charge-sheet and refile with new sanction, after
India Law Library Docid # 2427820

(434) SANTOSH KUMAR PATEL Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 08-05-2025
Wild Life (Protection) Act, 1972 (WPA) — Sections 9, 39, 50 — Hunting — Definition — Section 2(16) — Mens Rea — Quashing of criminal proceedings — Incident where a Barking Deer (Schedule III animal) was fatally injured by a car on a public road — Petitioner was driving the car — Allegations of offence under Sections
India Law Library Docid # 2427821

(435) NILESH GARG Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-05-2025
Criminal Procedure Code, 1973 — Section 70(2) — Cancellation of Non-Bailable Warrant — Petitioner on bail failed to appear due to Bar Association strike and lack of information — Trial court issued non-bailable warrant and dismissed application for cancellation of warrant — High Court set aside the impugned orders, restoring bail and directing presence — Emphasizes that discretion to issue non-bailable warrant
India Law Library Docid # 2427822

(436) UNITED INDIA INSURANCE CO. LTD. Vs. SOMVIR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Proof of Negligence — Evidentiary value of FIR and acquittal in criminal case — Insurance Company’s appeal against award dismissed — Contention that FIR was against unknown vehicle/driver and driver was later acquitted in criminal trial, rejected — Settled law that MACT decides claims on preponderance of probabilities, not strict rules of evidence, and outcome of criminal trial is not binding — Evidence recorded before Tribunal is to be g
India Law Library Docid # 2425628

(437) HARVINDER SINGH NAIN Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Service Law — Recruitment — Punjab Jails Department State Service (Class-III Executive) Rules, 1963 — Rule 7 Note 2 — Preference to Sportspersons — Interpretation and Application — Appellant (national level cricketer) applied for Assistant Superintendent Jails under General Category; advertisement (2010) omitted R.7 Note 2 which provided for preference to sportspersons otherwise eligible — Appellant secured 33.06 marks, last selected in General Category secured 44.11; appellant not in waiting li
India Law Library Docid # 2425629

(438) DHARAMPAL Vs. ARUN KHANNA[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Constitution of India — Art. 227 — Supervisory jurisdiction of High Court — Scope — Delay in disposal of appeal by lower appellate court — Direction for time-bound disposal sought by petitioner (appellant before lower court) in CR-2760-2025 — Rejected, as petitioner’s own counsel had been seeking adjournments before lower appellate court for over 3 years and had not pressed stay application — High Court observed it is not for it to run the roster of the lower appellate court — Petition
India Law Library Docid # 2425630

(439) YASHVIR SAINI Vs. SHAMSHER SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting aside ex parte decree — Sufficient cause for non-appearance — Petitioner-defendant’s plea of non-service and improper Munadi rejected — Concurrent findings of courts below upheld — Petitioner was served in a connected suit (Rambati v. Yashvir Saini) at address “250/20 Sainipura, Rohtak” and chose not to appear, thus deemed to have knowledge of instant suit by Shamsher Singh (consolidated with Rambati’s suit) where his address was given as “6
India Law Library Docid # 2425631

(440) MOHAMMAD TUFAIL AND OTHERS Vs. MUZAFFAR HUSSAIN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-05-2025
Civil Procedure Code, Svt. 1977 — Section 100 — Second Appeal — Admission of — Formulation of substantial question of law — A second civil appeal is eligible for admission for final hearing and disposal on merits only after formulating a substantial question of law
India Law Library Docid # 2425860