(461) UNION OF INDIA REPR BY CHIEF ENGINEER NAVY MUMBAI Vs. M/S PUSHKARRAJ CONSTRUCTION P LTD.[GUJARAT HIGH COURT] 06-05-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Jurisdiction — Challenge to order dismissing Section 34 application for lack of jurisdiction by Additional District Judge, Porbandar — Court reasoned arbitration was not referred by a judicial proceeding in Porbandar, and Commercial Courts Act, 2015, vests jurisdiction in Commercial India Law Library Docid # 2426049
(462) SANTIUS KUJUR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 06-05-2025 Penal Code, 1860 — Section 302 — Murder — Conviction — Alteration to Culpable Homicide — Father killed by son with firewood over bicycle dispute — Single blow with forceful impact causing fatal head injuries — Eyewitness account from mother establishing involvement — Lack of intention to cause death inferable from trivial motive, single blow, and immediate post-incident conduct (remaining at site, informing villagers) — Confessions before police irrelevant — Medical evidence of head fractures in India Law Library Docid # 2426145
(463) M/S. UNIQUE COAL TRADERS Vs. UNION OF INDIA[GAUHATI HIGH COURT] 06-05-2025 Railways Act, 1989 — Section 73 — Punitive charge for overloading a wagon — Recovery of — Permissible before delivery of goods — Provision enables recovery of punitive charges for overloading beyond permissible carrying capacity. India Law Library Docid # 2426146
(464) BALDEI AND OTHERS Vs. HARGIAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Change in nature of suit from permanent injunction to declaration, symbolic possession, specific performance, and consequential permanent injunction — Permissibility at rebuttal stage — Plaintiff initially filed suit for permanent injunction based on agreement to sell/affidavit/panchayatnama of 1994 — Defendants in 2014 written statement disclosed their purchase of suit property vide sale deed of 2014 and pleaded possessi India Law Library Docid # 2425624
(465) NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANGI DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation in fatal accident case — Enhancement sought by Insurance Company (by challenging income assessment and future prospects) and by claimants (under Or. 41 Rule 33 CPC for conventional heads and consortium, despite no appeal/cross-objection) — Deceased aged 36, survived by wife (32), four minor children (3-11 yrs) and parents — Tribunal assessed income at Rs. 10,520/- p.m. (Deputy Commissioner rates), added 50% future prospects, deducted 1/5th fo India Law Library Docid # 2425625
(466) NITISH AND OTHERS Vs. SANDEEP KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Contempt of Courts Act, 1971 — Sections 10, 12 & 19 — Civil Contempt — Disobedience of Writ Court order — Writ Court order dated 24.02.2025 passed on State Counsel’s undertaking that petitioners (employees of a Cooperative Society), if working as on date, would continue till adjudication of ROR (Revision of Resolution) — Respondents (Assistant Registrar Cooperative Societies and Society Manager) found guilty of contempt for not allowing petitioners to work despite appointment letters and joining India Law Library Docid # 2425626
(467) LATA GOYAL Vs. THE UNION OF INDIA AND ANOTHER[CHHATTISGARH HIGH COURT] 05-05-2025 Constitution of India, 1950 — Article 226 — Maintainability of Writ Petition — Against Autonomous Institutions — Indian Institute of Management (IIM) Raipur — Whether amenable to writ jurisdiction in employment matters — IIM, established under the Indian Institutes of Management Act, 2017, possessing perpetual succession and a common seal, empowered to contract and sue/be sued in its own name — Governed by its own Board of Governors (BoG) with administrative and financial independence — Act of 2 India Law Library Docid # 2425690
(468) SANJEEV GUPTA Vs. CENTRAL UNIVERSITY OF JAMMU[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025 Service Law — Promotion — Rules Governing Promotion — Vacancies arising prior to amendment of rules — Whether governed by old rules or amended rules — Long-standing principle that vacancies are governed by rules in force at the time of accrual — Supreme Court’s overruling of earlier position — Rules in force at the time of consideration for promotion govern the process — Employer’s right to abandon earlier process and initiate new India Law Library Docid # 2425858
(469) AMANULLAH KHAN Vs. UOI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025 Land Acquisition Act, J&K — Compensation — Loss caused to brick kiln due to widening of National Highway — Brick kiln established on leased land — Damage and closure forcing shutdown — Revenue authorities, after joint inspection with acquiring authority representatives, find portion of brick kiln land utilized for road and construction raised thereon — Acquiring authority disputing report and rejecting it at their level without due process — Revenue authorities have power to demarcate land; thei India Law Library Docid # 2425859
(470) STATE OF GUJARAT Vs. RAMESH SOMABHAI AMALIYAR AND OTHERS[GUJARAT HIGH COURT] 05-05-2025 Criminal Procedure Code, 1973 — Section 378(1)(3) — Appeal against Acquittal — Scope of Interference — Appellate Court’s full power to review evidence notwithstanding, it must be slow to disturb factual findings by Trial Court having seen witnesses — Acquittal strengthens presumption of innocence — Interference proper only where judgment is perverse, contrary to material, palpably wrong, manifestly erroneous, or demonstrably unsustainable — Mere possibility of another view is insufficient to con India Law Library Docid # 2425978
(471) LAND ACQUISITION AND REHABILITATION OFFICER AND ANOTHER Vs. LAVAR RAJABHAI NAGJIBHAI[GUJARAT HIGH COURT] 05-05-2025 Land Acquisition Act, 1894 — Section 28 — Additional Compensation — Determination of Market Value Basis — Principle — Opinion of Experts — Valuation Committee Report — Valuation Committee report comprising expert body (Collector, Town Planning Officer, etc.) is a valid basis for determining market value in land acquisition cases; its estimation is expert evidence and can form a relevant piece of evidence, though dislodgeable by contrary evidence India Law Library Docid # 2425979
(472) MANIRAM SANTRAM KAPDI Vs. JANAKSINH MERUBHA ZALA AND OTHERS[GUJARAT HIGH COURT] 05-05-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Compensation — Amputation of Leg — Assessment of Disability — Claimant, a labourer, suffered amputation of right leg below knee in a vehicular accident — Doctor assessed permanent physical disability at 90% of right lower limb — Cross-examination of doctor did not negate this assessment — Considering claimant’s occupation as a labourer and the nature of injury, functional disability assessed at India Law Library Docid # 2425980
(473) NILESHBHAI BABUBHAI VAGHASIYA AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 05-05-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — Inherent Powers — Exercise of inherent powers to quash FIR and consequential proceedings where allegations, taken on face value, do not prima facie constitute any offence — FIR alleging abetment of suicide and offence under SC/ST Act — Allegations primarily relate to work conditions and alleged pressure to resign — Absence of necessary ingredients for alleged offences justifies quashing India Law Library Docid # 2425981
(474) DIPAK SANYAL Vs. NARAYAN KEJRIWAL AND ANOTHER[GAUHATI HIGH COURT] 05-05-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Scope of — Power of High Court to interfere with findings of fact of first appellate court — Revisional jurisdiction confined to examining if finding of facts recorded by first appellate court/authority is according to law and free from error of law — High Court can interfere if finding is perverse, without consideration of material evidence, based on no evidence or misreading, or grossly erroneous leading to gross miscarriage of justice — Re India Law Library Docid # 2426144
(475) DR. KANTI LAHARIYA AND OTHERS Vs. DINESH KUMAR SHARMA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 05-05-2025 Criminal Law — Medical Negligence — Prosecution of Doctors (Jacob Mathew Guidelines) — Registration of FIR — The Supreme Court has consistently held that in cases of alleged medical negligence, an FIR should not be registered at the outset without a prior credible medical opinion from a competent government doctor specialized in the relevant field — This is to prevent harassment of medical professionals, as medical negligence in criminal law requires a much higher degree of India Law Library Docid # 2427762
(476) DR. KANTI LAHARIYA AND OTHERS Vs. DINESH KUMAR SHARMA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 05-05-2025 Criminal Procedure — Medical Negligence — Requirement of Expert Opinion for FIR Registration — Before registering an FIR or entertaining a private complaint against a medical professional for criminal negligence (under Section 304A IPC), it is mandatory to obtain a credible opinion from a competent doctor, preferably a government doctor qualified in that specialty, confirming a prima facie case of gross rashness or negligence — A simple error of judgment or lack of care, insufficient for India Law Library Docid # 2427823
(477) MANISH AGRAWAL AND OTHERS Vs. WAQF ZAMA MASJID INTZAMIYA COMMITTEE THR. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-05-2025 Waqf Act, 1995 — Sections 83(1) and 85 — Jurisdiction of Waqf Tribunal — Eviction of Tenant from Waqf Property — The Waqf Tribunal, constituted under Section 83 of the Waqf Act, 1995, has exclusive jurisdiction to entertain a suit for eviction of a tenant from a Waqf property — This jurisdiction is clear from the language of Section 83(1), especially after its amendment by Act 27 of 2013, which explicitly includes “eviction of a tenant” — Consequently, Section 85 of the Act bars India Law Library Docid # 2425575
(478) MINY RAJ MODI Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 482 / Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of FIR — POCSO Act — Insufficient Evidence and Contradictory Medical/Forensic Reports — An FIR registered for offences under the POCSO Act and IPC (Sections 376, 190) is liable to be quashed under Section 482 Cr.P.C. (or Section 528 BNSS) when multiple medical examinations of the 8-year-old prosecutrix, including by a Medical Board, reveal no external injuries, no bleeding, and an inta India Law Library Docid # 2425576
(479) SMT. MOHINDER KAUR AND OTHERS Vs. SMT. DARO AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025 Hindu Succession Act, 1956 — Section 8 — Succession to property of Hindu male dying intestate — P died issueless, leaving behind his mother ‘S’ as his only Class-I heir — Revenue authorities wrongly mutated his 1/4th share (which was actually only 3 kanals 3 marlas after his lifetime sales) in favour of his three brothers and sister (Daro), who were Class-II heirs — This mutation was incorrect as mother, being a Class-I heir, excludes Class-II heirs — ‘S’ was entitled to inherit the remaining 3 India Law Library Docid # 2425619
(480) RABINA AND OTHERS Vs. ARSHAD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025 Motor Vehicles Act, 1988 — Section 166 & Section 168 — Compensation — Death of child (3 years old) — Notional Income — Where Tribunal took notional income of 3-year-old deceased child (‘S’) as Rs.15,000/- p.a. for accident in 2012, High Court, relying on Kishan Gopal, 2013(4) RCR (Civil) 276 and Meena Devi, 2022(4) RCR (Civil) 553 (where Rs.30,000/- p.a. was taken for accidents in 1992 and 2003 respectively), and considering date of accident, deemed it just and appropriate to take notional incom India Law Library Docid # 2425620