(801) N. BALAJI KUMAR REDDY Vs. P. ANURADHA AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 397, 401 and 125 — In a criminal revision against a maintenance order under Section 125 Cr.P.C., the High Court can examine the legality, rationality, or propriety of the order, considering the financial circumstances of both parties and may modify the awarded amount. India Law Library Docid # 2423400
(802) U.S.V. BALARAM Vs. GOVT. OF A.P.[ANDHRA PRADESH HIGH COURT] 06-03-2025 A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 — Sections 2(1) and 3(1) — Registration Act, 1908 — Section 22-A(2) — Lands assigned by the government in the Andhra region prior to 18.06.1954, which did not contain an express condition of non-alienation in the assignment patta, do not fall within the definition of “assigned land” under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. India Law Library Docid # 2423385
(803) HDFC ERGO GENERAL INSURANCE CO. LTD. Vs. CHILAKA NEERAJA AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-03-2025 Motor Vehicles Act, 1988 — Sections 166 and 173 — In a motor accident claim, an insurance company may be held liable even if the deceased was travelling as a labourer in a goods-carrying vehicle like a tractor, especially if the policy is a package policy with premium paid covering the risk of "others" — Furthermore, the appellate court can enhance the compensation awarded by the MACT, even exceeding the claimed amount and in the absence of a cross-appeal by the claimants, to ensure just compens India Law Library Docid # 2423406
(804) N.BALAJI KUMAR REDDY Vs. ANURADHA AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 125, 397, and 401 — While a divorced wife unable to maintain herself and her minor child are entitled to maintenance under Section 125 Cr.P.C., additional annual payments for specific expenses like medical care and shelter for the wife may be deemed outside the strict purview of this section if a sufficient monthly maintenance has already been granted. India Law Library Docid # 2423407
(805) MD. RAFIQUL ISLAM Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 06-03-2025 Tender — Bid — Rejection of — Tender authorities have the right to strictly enforce the essential qualification criteria stipulated in a Notice Inviting e-Tender (NIeT), and the non-submission of mandatory documents can lead to the rejection of a technical bid — The court emphasizes that financial soundness certificates, IT returns, and GST certificates with up-to-date returns were clearly defined as essential conditions in the NieT — It distinguishes between essential and ancillary requirements India Law Library Docid # 2423436
(806) MUSTT. TAJIMA BIBI Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 06-03-2025 Penal Code, 1860 (IPC) — Sections 302 and 304 Part II — Culpable Homicide not amounting to Murder — High Court's affirmation of a conviction under Section 304 (Part-II), emphasizing the reliability of consistent eyewitness testimonies corroborated by medical evidence, even in the presence of minor inconsistencies — The court found that the three eyewitnesses consistently stated that the accused kicked the deceased in her abdomen, which led to death — This account was further supported by the med India Law Library Docid # 2423437
(807) SWAPAN DEBNATH Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 06-03-2025 Penal Code, 1860 (IPC) — Section 84 — Evidence Act, 1872 — Section 105 — Application and requirements of the defense of unsoundness of mind under Section 84 — The judgment clarifies that to successfully invoke this defense, the accused must prove that at the time of committing the offence, they were incapable of knowing the nature of the act or that it was either wrong or contrary to law — The court emphasized that the burden of proving this legal insanity lies squarely on the accused, as stipul India Law Library Docid # 2423438
(808) MD. JAMSHED ALAM Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 06-03-2025 Evidence Act, 1872 — Sections 3 and 157 — Witness Credibility and Consistency — Witnesses' statements must be consistent and trustworthy to prove guilt. Material contradictions can render testimony unreliable. India Law Library Docid # 2423593
(809) TINKU BANERJEE AND OTHERS Vs. THE STATE OF BIHAR (NOW JHARKHAND)[JHARKHAND HIGH COURT] 06-03-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — A murder conviction based on eyewitness testimony, particularly from interested witnesses, cannot be sustained when there are significant contradictions in their accounts, a lack of corroboration from independent sources, and credible defense evidence that creates doubt about the presence and veracity of a key eyewitness at the time of the incident; the defense only needs to create a doubt in the prosecution's case — The High Court allowed a crim India Law Library Docid # 2423566
(810) LAKHAN AGARWAL Vs. ROHIT MODI AND OTHERS[JHARKHAND HIGH COURT] 06-03-2025 Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 — Section 11(1)(d) — Specifies one of the grounds for eviction as default in payment of rent for two consecutive months — Failure to pay rent for two consecutive months provides grounds for eviction — The High Court dismissed a second appeal, upholding the eviction decree, affirming the lower courts' findings that he had defaulted in rent payment for more than two consecutive months as per Section 11(1)(d). India Law Library Docid # 2423568
(811) RUBI DEVI AND OTHERS Vs. RITESH KUMAR GUPTA AND OTHERS[JHARKHAND HIGH COURT] 06-03-2025 Specific Relief Act, 1963 — Sections 16(c) and and 19— Specific performance of a contract can be decreed against a subsequent purchaser with notice, who may be directed to join in the conveyance without the need for cancellation of the later sale deed. India Law Library Docid # 2423569
(812) YOGESHWAR RAJ NAGAR AND ANOTHER Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 200, 202, 203, 204 and 482 — Penal Code, 1860 (IPC) — Section 406 — A second complaint on the same facts after the acceptance of a final police report is generally not maintainable, except under exceptional circumstances like incomplete investigation or discovery of new facts. India Law Library Docid # 2423695
(813) SMT. SUMAN PRAJAPATI Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 154, 156, 157, 173 and 319 — An informant has the right to be informed about the police report, the Magistrate can take cognizance against charge-sheeted accused without necessarily issuing a separate notice regarding non-charge-sheeted individuals — Procedural aspects after the submission of a police report under Section 173 CrPC, particularly the right of the informant to be informed and heard — It clarifies that while the informant must be commu India Law Library Docid # 2423696
(814) RAM SUJAN Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 06-03-2025 Penal Code, 1860 (IPC) — Sections 212 and 216 — Unexplained delay in conducting a test identification parade (TIP) can render the prosecution’s evidence of identification unreliable, potentially entitling the accused to the benefit of doubt — Appeal against convictions for dacoity, where the reliability of test identification parades was a key issue. The court reiterated the principle that a significant and unexplained delay in holding the TIP can weaken the evidentiary value of the identificati India Law Library Docid # 2423697
(815) MOOMIN KAMAL Vs. UNION TERRITORY OF JAMMU & KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 06-03-2025 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Section 3 — Narcotic Drugs and Psychotropic Substances Act (NPDS Act) Sections 8, 21 and 22 — Preventive detention under the PITNDPS Act is a preventive measure aimed at curbing illicit drug trafficking and protecting society, not a punishment for past offences, and requires a proximate link between the prejudicial activities and the detention order — The High Court dismissed a Habeas Corpus Petition challeng India Law Library Docid # 2423783
(816) PUNJAB NATIONAL BANK Vs. V.K. GANDOTRA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 06-03-2025 Service Law — Private Employment — In private employment, a contract of personal service is generally not specifically enforceable, and reinstatement cannot typically be granted — The primary remedy for wrongful termination is a suit for damages, which may require a declaration of wrongful termination — The High Court allowed an appeal, setting aside the trial court’s decree that had declared a bank employee’s dismissal illegal and granted damages with deemed reinstatement — The appellate court India Law Library Docid # 2423784
(817) JOGINDER SINGH Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-03-2025 Service Law — Departmental Proceedings — Quasi-Judicial Orders — Requirement of Reasons — Punjab Police Rules, 1934, Rule 16.31 — Principles of Natural Justice — Appellate and Revisional Authorities, while deciding appeals or revisions against orders imposing penalties in departmental proceedings (including those under Punjab Police Rules), act as quasi-judicial authorities — They are duty-bound not only to provide an opportunity of hearing but also to pass speaking and reasoned orders, demonstr India Law Library Docid # 2423904
(818) VIKASH KUMAR Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-03-2025 Service Law — Seniority — Transfer/Absorption between Cadres — Haryana State Cooperation Department Head Office and Sub Offices (Group C) Service Rules, 1989, Rule 11(1)(c) & (d) — Statutory Rule vs. Contrary Condition in Absorption Order — Where statutory rules (Rule 11(1)(c) of the 1989 Rules) explicitly provide that seniority of members appointed by transfer on the same date shall be determined according to their seniority in the appointment from which they were transferred, a condition incor India Law Library Docid # 2423905
(819) STATE OF H.P. Vs. ASHWANI KUMAR[HIMACHAL PRADESH HIGH COURT] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 378, 173(2) and 154 — An appellate court should not interfere with a trial court's acquittal unless the findings are perverse, meaning they are based on no evidence, unreliable evidence, or a misappreciation of relevant facts and law — The High Court dismissed a State appeal against the acquittal of an accused charged under Sections 279, 337, and 304A of the IPC for rash and negligent driving causing death and injury — The court held that the trial India Law Library Docid # 2423861
(820) STATE OF HIMACHAL PRADESH Vs. SHASHI KUMAR[HIMACHAL PRADESH HIGH COURT] 06-03-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 378, 154 and 313 — Penal Code, 1860 (IPC) — Sections 498-A and 306 — An appellate court has limited power to interfere with a trial court's judgment of acquittal, especially when two reasonable views are possible based on the evidence — The High Court dismissed a State appeal against the acquittal of an accused charged under Sections 498-A and 306 of the IPC for abetment of suicide and cruelty — The court found that the prosecution failed to prove India Law Library Docid # 2423860