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(441) ABDUL MAJID Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-05-2025
Jammu & Kashmir Land Revenue Act, 1939 — Section 11 — Appellate Powers of Collector — Exercise of Powers — Collector’s appellate jurisdiction under Section 11 is exercisable only against original or appellate orders of an Assistant Collector of either class, and only upon an appeal filed by an aggrieved individual, not suo moto.
India Law Library Docid # 2425861

(442) RAJ KUMAR SHARMA Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 07-05-2025
Criminal Procedure Code, 1973 — Section 227 — Discharge — Scope of inquiry — Judicial mind necessary to determine if a case is made out for trial based on prosecution material — Defence of accused not necessary at this stage — Trial Judge examines evidence to determine sufficiency of grounds to proceed — Prima facie suspicious circumstances based on investigation/documents suffice for framing charge — Accused has no right to produce material at charge framing unless demonstrating from charge-she
India Law Library Docid # 2425877

(443) NAND LAL Vs. DHIAN SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 07-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Legal liability — Principal and agent — Complainant, acting as agent for M/s A.M. Fruit Commission Agent, advances money to accused fruit grower, who issues cheque to complainant — Accused to send fruit to principal — Cheque dishonoured — Complaint filed by agent — Agent acting on behalf of a disclosed principal cannot personally enforce contracts entered into on principal’s behalf, absent contract to contrary — Transaction b
India Law Library Docid # 2425883

(444) STATE OF GUJARAT Vs. JITENDRABHAI @ JITU GOKLABHAI CHAUDHARI[GUJARAT HIGH COURT] 07-05-2025
Criminal Law — Offences affecting the human body — Kidnapping — Enticing — Consent of minor — Section 361, Penal Code: Enticement or taking away of a minor from lawful guardianship without consent, essential for kidnapping; however, if minor accompanies willingly due to love affair and against parental wishes, and there is no proof of threat or coercion, the element of “against the will of the lawful guardian” may not be established in the context of seduction or elopement based on mutual affect
India Law Library Docid # 2425975

(445) LH OF DECD SHASHIKANT GANPATBHAI PATEL AND OTHERS Vs. KRUNAL BHARATBHAI PATEL AND ANOTHER[GUJARAT HIGH COURT] 07-05-2025
Civil Procedure Code, 1908 — Section 96 — First Appeal — Suit for declaration, permanent injunction and cancellation of sale deed – Dismissal by trial court – Challenge to relinquishment deed (termed as partition deed), revenue entries, and subsequent sale deed – Trial court’s appreciation of evidence upheld
India Law Library Docid # 2425976

(446) DR. RAKESH KUMAR VERMA Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 07-05-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Maintainability — Alternative Remedy — Although generally a writ petition under Article 226 should not be entertained when an alternative statutory remedy (like appeal under M.P. Civil Services (Classification, Control and Appeal) Rules, 1966) is available, this rule is not an absolute bar — The High Court retains discretion to entertain a writ petition in exceptional circumstances, particularly where the impugned order is passed in a
India Law Library Docid # 2427824

(447) UJJAWAL CHAUHAN Vs. DIRECTORATE GEOLOGY OF MINES AND OTHERS[MADHYA PRADESH HIGH COURT] 07-05-2025
Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 — Rule 18 — Extension of period for lifting stocked sand — Discrimination — Petitioners sought extension for lifting stocked sand, claiming discrimination compared to other contractors who received longer extensions — Court found that petitioners had already received a total extension of 90 days, comparable to other
India Law Library Docid # 2427884

(448) SHRI HAJI ABDUL RAZZAK Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 07-05-2025
Prisons Act, 1894 — Section 59 — Power to make rules — Madhya Pradesh Prisons Rules, 1968 — Rules 791-795 — Transfer of prisoners — Scope of State’s power to frame rules regarding transfer of prisoners — Section 59(22) and 59(23) limit the State’s rule-making power for prisoner transfer to those nearing sentence completion or criminal lunatics, respectively — There is no provision under Section
India Law Library Docid # 2427885

(449) SHIKHA DWIVEDI Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 07-05-2025
Criminal Procedure Code, 1973 — Sections 227 and 228 — Framing of Charge and Discharge — Principles — The Court has the power to sift and weigh evidence for the limited purpose of determining if a prima facie case exists — Grave suspicion against the accused, if not properly explained, justifies framing a charge — The test for a prima facie case depends on the facts of each case; if two views are equally
India Law Library Docid # 2427886

(450) THE STATE OF MADHYA PRADESH AND OTHERS Vs. SHIVNATH SINGH KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 06-05-2025
Payment of Gratuity Act, 1972 — Section 2(e) — Definition of “Employee” — Applicability to State Government Employees Absorbed from Panchayat Service — The exclusion of State Government employees from the definition of “employee” under Section 2(e) of the Payment of Gratuity Act, 1972, applies only if such employees are governed by any other Act or Rules providing for payment of gratuity — Teachers (Shiksha Karmis/Adhyapaks) initially appointed in Panchayats and subsequently absorbed into the St
India Law Library Docid # 2425573

(451) MAMTA BAI AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-05-2025
Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 — Sections 2(d), 3(3) & 3-A — Rule 9 (Rules of 2008) — Rights of Lease Holders (Patta Holders) — Lease holders (patta holders) under the Adhiniyam, 1984, are conferred with a ‘right to use’ the land for dwelling and are not “land owners” for the purpose of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Their rights are g
India Law Library Docid # 2425574

(452) VINOD KUMAR Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Punjab Police (Haryana Amendment) Rules, 2015 — Rule 12.18(3)(b) — Denial of appointment to candidate against whom charges framed for offences involving moral turpitude or punishable with imprisonment for three years or more — Validity — Rule 12.18(3)(b) is not ultra vires the Act or the Constitution of India — The Rule, framed under Art. 309 of Constitution r/w Section 92 Haryana Police Act, 2007, comprehensively considers eligibility criteria including character and antecedents for police serv
India Law Library Docid # 2425627

(453) ANAND KUMAR KASHYAP Vs. UNION OF INDIA[CHHATTISGARH HIGH COURT] 06-05-2025
Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 348 — Criminal Procedure Code, 1973 — Section 311 — Summoning of material witness — Examination of person present — Power of Court — Scope and object is to enable Court to determine truth and render just decision by discovering all relevant facts and obtaining proper proof — Wide discretionary power conferred on courts may be exercised at any stage of inquiry, trial, or other proceeding, even after evidence closure — Court can summon any person,
India Law Library Docid # 2425688

(454) VIRENDRA KUMAR SHUKLA Vs. UCO BANK[CHHATTISGARH HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 — Section 96 — First appeal — Scope of interference — Findings of fact — Suit for declaration and permanent injunction against bank for wrongful debit of amount credited via cheque subject to clearance — Trial Court dismissed suit finding bank acted in “good faith” based on nature of transaction (domestic transfer, drawer being bank’s Branch Manager, payee being panel lawyer) and knowledge of plaintiff regarding stop payment — Bank’s action of crediting amount “subject
India Law Library Docid # 2425689

(455) RAGHUBIR SINGH Vs. DARBARA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Scope of enquiry — Cause of action and limitation — Where defendant (petitioner) sought rejection of plaint in a suit for declaration of inheritance (challenging a 1926 mutation after 94 years), contending no cause of action and suit barred by limitation based on Customary Law, and trial court dismissed application, held, no interference warranted in revisional jurisdiction — For deciding Order 7 Rule 11 application, only
India Law Library Docid # 2425701

(456) JASPREET KAUR Vs. ANMOLJOT SINGH[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Hindu Marriage Act, 1955 — Section 13-B — Divorce by mutual consent — Waiver of six-month statutory waiting period for second motion — Permissibility — Where parties had been residing separately for over three years (petition drafted 24.02.2025, separated since 03.02.2022), marriage was irretrievably broken down, reconciliation efforts by relatives and panchayats failed, parties were unwilling to live together, and prolonging their agony by insisting on statutory waiting period would serve no us
India Law Library Docid # 2425702

(457) SMT. SUMITRA AND OTHERS Vs. MAJOR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased aged 33, Passenger Services Assistant in Air India — Tribunal excluded overtime, holiday wages, night shift allowances from salary of Rs.17,831/-, assessing income at Rs.9,050/- — High Court held holiday wages and night shift allowances, being ancillary to air services job, ought not to be excluded; only overtime (Rs.6625/-) excluded, re-assessing income at Rs.11,206/- (annual
India Law Library Docid # 2425703

(458) JITENDER TIWARI Vs. SEEMA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance for wife and children — Quantum — Challenge by husband — Petitioner (husband) and Respondent No.1 (wife) married in 2007, had three children (Respondents No.2-4) — Marital dispute led to wife filing for maintenance under S.125 CrPC — Family Court, considering petitioner as labourer earning Rs.10,500/- per month and wife earning Rs.8,000/- per month (admitted in her cross-examination, also receiving maintenance under DV Act), grante
India Law Library Docid # 2425704

(459) UNITED INDIA INSURANCE CO. LTD. Vs. NITYA NAND AND OTHERS[HIMACHAL PRADESH HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 168 & 169 — Motor Accident Claim — Appeal against quantum of compensation — Involvement of second vehicle alleged but no evidence of contributory negligence found in FIR or otherwise — Plea for shared liability rejected for want of material.
India Law Library Docid # 2425884

(460) STATE OF GUJARAT Vs. RAJESH ALIAS RAJU MAHENDRABHAI SHAH AND ANOTHER[GUJARAT HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal Against Acquittal — Powers of Appellate Court — Re-appreciation of Evidence — While the High Court has full power to review evidence upon which an order of acquittal is founded, the presumption of innocence of the accused, reinforced by acquittal by the trial court, requires reversal only for very substantial and compelling reasons, especially when the trial court had the advantage of seeing and hearing witnesses.
India Law Library Docid # 2425977