(861) SARVANARAIN TEWARI AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 30-05-2025 Penal Code, 1860 (IPC) — Sections 302/34, 201/34 — Conviction for murder and destruction of evidence — Appreciation of evidence — Witness testimony — FIR — Post-mortem report — Despite initial FIR under different sections, charge framed under Sections 302/34 and 201/34 IPC — Court considered factual inconsistencies in witness statements, improvements in testimony compared to FIR, and discrepancies in medical evidence as grounds for acquittal — Held that prosecution must prove guilt beyond reason India Law Library Docid # 2429313
(862) DR. AMOD KUMAR SACHAN PRESENTLY PROFESSOR HEAD OF DEPTT. DEPTT. OF PHARMACOLOGY KGMU LKO. Vs. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY./ PRIN. SECY. DEPTT. OF MEDICAL EDU. LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 30-05-2025 Disciplinary Proceedings — Right to Legal Assistance — A delinquent employee is entitled to legal assistance if the inquiry officer is a legally trained person (like a retired judge) and the employee is pitted against a legally trained presenting officer, to ensure fair play and adherence to natural justice principles. Denial of this right amounts to denial of a reasonable opportunity to defend oneself. India Law Library Docid # 2431246
(863) NAUSHAD Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 30-05-2025 The prosecution must prove its case beyond a reasonable doubt, especially when relying on circumstantial evidence, where each link in the chain must be clearly established and consistent only with the guilt of the accused, excluding all other hypotheses. India Law Library Docid # 2429985
(864) SAUMYA SAJIV KUMAR SHARMA AND ANOTHER Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 30-05-2025 Protection of Women from Domestic Violence Act, 2005 — Section 12 — Interim custody of minor child — Best interests of child — Trial and appellate courts rejected interim custody to mother based on minor’s preference for father and father’s stable environment — Court found that mother’s role during puberty is crucial for a girl child’s physical and emotional well-being, overriding father’s stable environment or child’s initial preference. India Law Library Docid # 2429966
(865) SHIV NARAYAN GUPTA Vs. GARIB CHANDRA[ALLAHABAD HIGH COURT] 30-05-2025 Partition Suit — Amendment of Preliminary Decree — Section 97 CPC does not bar applications for amendment of a preliminary decree. Preliminary decrees can be amended post-finalization if intervening events or newly discovered facts necessitate it for complete justice. India Law Library Docid # 2429960
(866) VIRENDRA KUMAR TRIPATHI Vs. AMIT DUA AND ANOTHER[ALLAHABAD HIGH COURT] 30-05-2025 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 2021 — Sections 9 and 10 — Revision of Rent — Tenancy agreement vs. no tenancy agreement — In absence of a tenancy agreement, rent revision falls under Section 10 and considers prevailing market rent, not the specific formula in Section 9(3). India Law Library Docid # 2429961
(867) SHEKHARCHAND SACHETI AND OTHERS Vs. S.M.F.G. INDIA HOME FINANCE COMPANY LIMITED AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-05-2025 Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Loan agreement with arbitration clause — Partition suit filed by applicant withdrawn and plaint returned under Order 7 Rule 10 CPC — Subsequent application for arbitrator appointment — Maintainability — Court considered whether proceedings under SARFAESI Act and DRT Act would bar arbitration — Held, India Law Library Docid # 2432108
(868) PATANJALI AYURVED LTD. Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 29-05-2025 Central Goods and Services Tax Act, 2017 — Section 122 — Offences and Penalties — Adjudication by Proper Officer — Section 122 of the CGST Act, which deals with penalty for certain offences, is to be adjudicated by the proper officer, not prosecuted by criminal courts. This is evident from the scheme of the Act and the CGST Rules, which empower the proper officer to issue show cause notices and pass orders under Section 122. India Law Library Docid # 2429142
(869) BALARAM CHARI DUBEY Vs. STATE OF U.P. THRU. SECY. HOME CIVIL SECTT. LUCKNOW[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 29-05-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Adverse remarks by Trial Court — Natural Justice — Failure to provide opportunity of hearing — Adverse remarks made by a court against a public servant without giving them an opportunity to explain or defend themselves are in violation of natural justice and can be expunged. India Law Library Docid # 2431286
(870) SHAILENDRA KUMAR RAI Vs. STATE OF UTTAR PRADESH AND OTHERS[ALLAHABAD HIGH COURT] 29-05-2025 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — Section 4 — Constitution of Internal Complaints Committee — Directory vs. Mandatory provisions — Petitioner argued that the committee lacked a member from a non-governmental organization as required by Section 4(2)(c) — Court held that while the constitution of the committee is a legal issue, any procedural irregularities could be examined by the appellate authority. India Law Library Docid # 2430191
(871) SHITLA PRASAD Vs. AMRIT LAL AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 29-05-2025 Uttar Pradesh Municipalities Act, 1916 — Sections 12-E(2), 13-A, 19(1)(c), 19(2)(a) & Section 1(2) — Municipal election — Challenge to — Petitioner's name appearing in electoral roll of Mumbai, Maharashtra — Issue whether this disqualifies him from contesting election in Uttar Pradesh — Held, Section 19(2)(a) bars challenging an election on the ground of names being wrongly omitted or inserted in electoral roll — Petitioner's argument on Section 12-E(2) and Section 1(2) not tenable when Section India Law Library Docid # 2431652
(872) VIRENDRA SINGH AND OTHERS Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 29-05-2025 Penal Code, 1860 (IPC) — Sections 307, 498A, 323 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Criminal Procedure Code, 1973 (now Bharatiya Nagarik Suraksha Sanhita, 2023) — Section 528 (formerly 482) — Quashing of proceedings — Allegations against husband's family members — Vague and omnibus allegations — Lack of specific instances of cruelty or harassment attributed to each accused — Misuse of Section 498A IPC as a tool of oppression rather than protection — Court must exercise caution to pr India Law Library Docid # 2430190
(873) SHIV NARAIN AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 28-05-2025 Penal Code, 1860 (IPC) — Section 304(ii) — Causing death by negligence — Conviction — Appeal against — FIR lodged based on written complaint — Complainant as eyewitness proved the incident — Place and time of incident proved by another witness — Medical evidence confirmed head injury leading to death — Prosecution case proved by ocular and medical evidence — Appeal dismissed. India Law Library Docid # 2431276
(874) NAFEES AHMAD Vs. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 28-05-2025 Bail — Anticipatory Bail — Maintainability — Preliminary objection that since a co-accused got regular bail, the applicant should also seek regular bail is rejected, citing Supreme Court judgments emphasizing that an applicant cannot be compelled to surrender and then apply for bail. India Law Library Docid # 2431277
(875) KALLOO Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 28-05-2025 Indian Penal Code, 1860 — Sections 302, 364, 201 — Conviction for murder, kidnapping for ransom, and causing disappearance of evidence — Circumstantial evidence — Last seen theory — Recovery of dead body and clothes — Conduct of accused — Child witness — Admissibility of evidence — Trial court's judgment upheld. India Law Library Docid # 2430202
(876) SHAMBU AND ANOTHER Vs. STATE[ALLAHABAD HIGH COURT] 28-05-2025 Criminal Procedure Code, 1973 (CrPC) — Section 313 statement — Defence of enmity and false implication — Accused claimed false implication due to enmity over land purchased by one accused from a widow, which was not relished by the complainant. Evidence shows a sale deed existed, and the complainant was interested in the land. Court found the motive for commission of the crime very probable and sufficient. India Law Library Docid # 2430192
(877) GRAMVASI BRAHMPURI KI DHAANI AND OTHERS Vs. THE COLLECTOR, DISTRICT JAIPUR OFFICE AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 28-05-2025 Civil Procedure Code, 1908 (CPC) — Order 43 Rule 1(r) read with Order 41 Rule 1 CPC — Appeal against order dismissing temporary injunction application — Suit for declaration and injunction to declare a way as public way with claim of easement by prescription. India Law Library Docid # 2432113
(878) MOHNISH JAIN AND ANOTHER Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 27-05-2025 Negotiable Instruments Act, 1881 — Section 138, 141, 142 — Dishonour of cheque — Complaint by partner of partnership firm — Maintainability — A partner of a firm, being an agent of the firm, is competent to lodge a criminal complaint under Section 138 of the NI Act if the cheque is drawn in the name of the firm, as the partner becomes a holder in due course and can sue in their own name. The firm is not a distinct legal entity separate from its partners. India Law Library Docid # 2429330
(879) KRISHNA KUMAR GUPTA Vs. PRITI GUPTA[ALLAHABAD HIGH COURT] 27-05-2025 Hindu Marriage Act, 1955 — Section 27 — Property presented at or about the time of marriage — Jurisdiction — Court can make provisions regarding such property in a decree for divorce or judicial separation, but cannot entertain an independent application under Section 27 without any other matrimonial proceeding under the Act. India Law Library Docid # 2429984
(880) SUSHANT GUPTA AND OTHERS Vs. CENTRAL BUREAU OF INVESTIGATION S.C.B. LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 27-05-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Discharge application rejected — Sanction order alleged to be vitiated by non-application of mind — Applicants are employees of Axis Bank, a private bank, not covered under Section 197 Cr.P.C. — Sanction was sought only under Section 19 of the Prevention of Corruption Act, but granted for offences under the Penal Code and “any other offence(s) punishable under any other provisions of law” — This indicates a total non- India Law Library Docid # 2431251