(881) SURESH BARAIK Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 27-05-2025 Penal Code, 1860 — Section 302 — Murder — Proof — Essential ingredients are a homicidal death and the accused causing the fatal injury — Death of deceased Suraj Das established and proved to be homicidal based on medical evidence (post mortem report and PW/9 testimony) — Ocular evidence from eye witnesses (PW/1 and PW/2) identifying appellant as assailant, fully corroborated by medical evidence (PW/9), seizure of weapon (PW/5, MAT Ext 1), and investigating India Law Library Docid # 2426125
(882) STATE OF NAGALAND AND OTHERS Vs. SHRI VINOKA CHISHI AND OTHERS[GAUHATI HIGH COURT] 27-05-2025 Civil Procedure Code, 1908 — Section 115; Article 227 of the Constitution of India — Revision Petition — Maintainability — Pecuniary Jurisdiction — Appellate Court — Objection to pecuniary jurisdiction of appellate court taken for the first time in revision petition — Waiver — Section 21(2) CPC requires objection to pecuniary jurisdiction to be taken at the earliest opportunity in the court of first instance and resulting failure of justice — Parties having appeared, contested, and obtained a fa India Law Library Docid # 2426126
(883) M/S SURGITECH, PARTNERSHIP FIRM THROUGH PARTNER DHARMENDRA DUTTA SHARMA AND OTHERS Vs. NANAG RAM AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 27-05-2025 Civil Procedure Code, 1908 (CPC) — Order 43 Rule 1(R) — Appeal against order of temporary injunction — Order of lower court dismissing application for temporary injunction is appealable under this provision. India Law Library Docid # 2432114
(884) ORIENTAL INSURANCE COMPANY LTD.THRUGH ITS DY.MANAGER Vs. DAYAWATI GUPTA AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 26-05-2025 Motor Vehicles Act, 1988 — Section 173 — First appeal from order — Dismissal of appeal — Accident proved by eye-witness and site plan — Non-production of occupants of deceased's vehicle no ground to disbelieve eye-witness — Income determination not illegal — Appeal dismissed. India Law Library Docid # 2431250
(885) PRADEEP SONI Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 26-05-2025 Penal Code, 1860 (IPC) — Sections 376, 354, 506 — Bail Application — Delay in FIR — Lack of Corroborative Evidence — Inconsistent Statements — Court considered delay in lodging FIR for over a year, lack of forensic evidence, inconsistent and vacillating statements of victims, and the fact that victims had attained majority and left the applicant's residence. The court also noted that the applicant's prior criminal history was explained and did not indicate a recurring behavioural pattern relevan India Law Library Docid # 2429308
(886) ANNU Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 26-05-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeal against conviction and sentence — Accused convicted under Sections 302, 307, 326 IPC and Section 3/25 Arms Act. India Law Library Docid # 2431307
(887) TRENDSHIPS ONLINE SERVICES PRIVATE LIMITED Vs. COMMISSIONER COMMERCIAL TAXES U.P. AT LUCKNOW AND ANOTHER[ALLAHABAD HIGH COURT] 26-05-2025 Goods and Services Tax Act, 2017 — Section 16(2)(c) — Input Tax Credit (ITC) — Eligibility — Actual payment of tax by supplier — Petitioner claimed ITC for purchase of filter paper. The supplier’s registration was cancelled later. Petitioner argued that the supplier was registered at the time of sale and payment was made through banking channels. The department denied ITC as the supplier had not deposited the tax. Held, Section 16(2)(c) mandates that tax charged must be actually paid to the gove India Law Library Docid # 2429983
(888) BRAHMAPUTRA TELE PRODUCTION PVT. LTD. AND ANOTHER Vs. DWIPAYAN DAS[GAUHATI HIGH COURT] 26-05-2025 This petition is filed under Article 227 of the Constitution of India, challenging the order dated 30.11.2019 passed by the learned Civil Judge, Morigaon in connection with Title Suit No. 1 of 2012, whereby M.J. Case No. 47/2017 of the petitioners under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC for short) for amendment of the written statement, was dismissed. India Law Library Docid # 2426389
(889) AJEET GURJAR Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 26-05-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 19(1) — Powers of Children’s Court — Trial of child as adult — Interpretation of “may” as “shall” — The Children’s Court, upon receiving a preliminary assessment from the Juvenile Justice Board under Section 15, is mandated (“shall”) to decide whether there is a need to try the child as an adult or to conduct an inquiry as a Board and pass appropriate orders under Section 18 — This determination is a mandatory India Law Library Docid # 2427763
(890) MAHENDRA Vs. NAMDEV DEVELOPERS (LLC) THROUGH DIRECTOR / PARTNER/ OFFICIAL REPRESENTATIVE SHRI MANOJ AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-05-2025 Civil Procedure Code, 1908 — Order 39, Rules 1 & 2 — Temporary Injunction — Dismissal of Application — Appeal — Essential Ingredients — To obtain an interim injunction, a party must establish a prima facie case, balance of convenience in their favor, and the likelihood of suffering irreparable loss if the injunction is not granted. India Law Library Docid # 2427764
(891) CHIEF MANAGER, RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. NAND RAM AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 26-05-2025 Rajasthan State Road Transport Corporation — Service Law — Selection Scales — Employee’s entitlement to first and second selection scales after 9 and 18 years of service respectively, despite prior minor penalties, as per corporation circulars. Trial and appellate courts rightly granted the declaration and dismissed the defendant's India Law Library Docid # 2432109
(892) MADHULATA Vs. JHUTHA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 26-05-2025 Civil Procedure Code, 1908 (CPC) — Order 41 — Appeal — Setting aside of Trial Court decree — First appellate court set aside trial court’s decree by allowing defendant’s appeal, which had decreed plaintiff’s suit for declaration, cancellation of a Will and permanent injunction. Plaintiff had claimed ownership and possession through an agreement to sell and a Will, alleging the defendant created a forged Will India Law Library Docid # 2432111
(893) LOHRAY AND OTHERS Vs. SHREE LAL AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 26-05-2025 Civil Procedure Code, 1908 (CPC) — Second Appeal — Question of Law — For a second appeal to be admitted, a substantial question of law must arise from the judgment of the lower appellate court. If this substantial question of law is not proved or arises from the facts, the appeal is liable to be dismissed. India Law Library Docid # 2432112
(894) GANGARAM MALI AND OTHERS Vs. GOPAL AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 26-05-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Questions of Law — The High Court admitted the appeal based on specific substantial questions of law regarding the appellate court's reversal of trial court findings on immovable property, imposition of damages without specific prayer for possession, a society's right to reclaim allotted land without hearing, passing a India Law Library Docid # 2432115
(895) VIKRAM SINGH RATHORE AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 24-05-2025 Education — Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) — Schedule-I(1)(b)(i) — Appointment of Teachers for Middle Schools (Classes 6-8) — “Science and Mathematics” teacher — Interpretation of “and” — The term “Science and Mathematics” in the RTE Act’s schedule, regarding the first teacher for middle schools, should be read conjunctively, meaning a single teacher capable of teaching both Science and Mathematics, not separate teachers for each India Law Library Docid # 2427765
(896) KAMALVEER SINGH Vs. STATE OF UP AND OTHERS[ALLAHABAD HIGH COURT] 23-05-2025 Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 — Section 3(1) — First Information Report (FIR) — Challenge to FIR — Petitioner challenged FIR lodged under the Gangster Act, 1986 on the ground that prescribed procedures under the Gangster Rules, 2021 were not followed. India Law Library Docid # 2429146
(897) SHASHANK SACHAN Vs. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-05-2025 Civil Service — Deputation — Right to retention — A deputationist has no indefeasible right to remain in the borrowing department, especially when their salary is paid by the parent department and their lien is maintained there. Deputation appointments are not permanent by nature. India Law Library Docid # 2431240
(898) RAJENDRA PRASAD TRIPATHI Vs. HINDUSTAN AERONAUTICS LIMITED THROUGH CHAIRMAN[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-05-2025 Industrial Disputes Act — Standing Orders — Clause 19(ii) — Termination of service for unauthorised absence — Procedure to be followed — Principles of natural justice mandating show cause notice albeit no formal inquiry required. India Law Library Docid # 2431264
(899) KAMLESH SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 23-05-2025 Registration Act, 1908 — Section 34(3)(c) — Enquiry before registration — Satisfaction of registrar regarding right of representative — Petitioner challenged registration of sale deed alleging registrar failed to verify the power of attorney presented by one vendor representing other co-shares, thus failing in his duty to satisfy himself of the right of such representative to appear. Held, the Registering Officer's duty is procedural; there is no requirement for him to record an order of satisfa India Law Library Docid # 2429154
(900) ANTRAM GOYAL Vs. POWER GRID NEEMRANA BAREILLY TRANSMISSION LIMITED AND OTHERS[ALLAHABAD HIGH COURT] 23-05-2025 Indian Telegraph Act, 1885 — Sections 10, 16(1) — Powers and duties of Telegraph Authority and District Magistrate regarding laying of transmission lines — The Supreme Court has held that the Telegraph Authority has an imperative right to unobstructed access for laying transmission lines in the larger public interest, and the Act does not permit any impediment to this objective — The District Magistrate is only required to pass an order under Section 16(1) when the Telegraph Authority refers a m India Law Library Docid # 2429352