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(921) UNION OF TERRITORY OF JAMMU & KASHMIR AND OTHERS Vs. PROF. ARTI PANDOH GUPTA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025
Jammu & Kashmir Public Service Commission (Business and Procedure) Rules, 2021 — Rule 64 — Preparation of select list for promotion — "Select List" prepared by DPC/PSC has a limited period of operation, generally one year, after which it is reviewed and a new list is prepared incorporating candidates from the previous left-over list and new eligible candidates
India Law Library Docid # 2432541

(922) STATE OF J&K Vs. ABDUL LATIF AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 428 — Appeal against acquittal — Scope of interference by appellate court — Appellate court’s power to interfere is limited and circumscribed — If appellate court finds that a view different from the trial court is permissible, it should affirm the trial court’s view — Presumption of innocence is fortified by acquittal, and appellate court should not reverse acquittal unless evidence on record clearly warrants it.
India Law Library Docid # 2432542

(923) BHUPINDER KUMAR @ PAPPU Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025
Preventive Detention — Grounds of Detention — Non-application of Mind — Detaining authority failed to consider that a previous detention order for similar grounds was quashed by the Court, thus vitiating the current detention order.
India Law Library Docid # 2432543

(924) IMTIYAZ AHMAD GANIE Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 03-09-2025
Jammu and Kashmir Public Safety Act, 1978 — Preventive Detention — Application of Mind — Detention order quashed due to non-application of mind by the detaining authority, as the grounds of detention indicated mistaken identity and insufficient evidence to book the detainee under substantive law. The detaining authority failed to consider that the detainee was released on a surety bond and the evidence against him
India Law Library Docid # 2432552

(925) UNION OF INDIA AND OTHERS Vs. MAHANTI DEVI AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 03-09-2025
Freedom Fighter Pension Scheme - Swatantrata Sainik Pension Scheme, 1980 - Claim for pension by widow of deceased freedom fighter - Rejection of claim by Union of India - Liberal approach required for assessing claims - Hypertechnical approach is to be avoided - Evidence must be viewed with presumption in favour of claimant unless rebutted by cogent evidence - Scheme aims to honour and mitigate sufferings of freedom
India Law Library Docid # 2432700

(926) STATE OF H.P. Vs. RAJIKA GUPTA[HIMACHAL PRADESH HIGH COURT] 03-09-2025
Penal Code, 1860 (IPC) — Sections 279, 337, 304A — Motor Accident Causing Death by Negligence — Driving under Influence of Liquor or Negligently — Probation of Offenders Act, 1958 — Section 3, 4 — Benefit of Probation — Supreme Court has consistently held that the benefit of probation should not be extended to persons convicted for causing death due to rash and negligent driving. This is due to the alarming
India Law Library Docid # 2432701

(927) KHANDELWAL VAISHYA SAMAJ CHARITABLE TRUST Vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS) AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-09-2025
Income Tax Act, 1961 — Sections 11, 12, 119(2)(b) and 12A(1)(b) — Charitable Trusts — Exemption — Condonation of Delay in filing Form 10B — Petitioner trust delayed in uploading Form 10B due to assistant in CA firm meeting an accident and taking leave — Commissioner rejected condonation application without proper consideration — Held, delay was caused by circumstances beyond control, not due to lack of bona fide — Approach should be liberal, pragmatic, and justice-oriented when
India Law Library Docid # 2432745

(928) MASTER DAIVIK RANGWANI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-09-2025
Constitution of India, 1950 — Article 21-A — Right to Education — Fundamental Right — Education as a component of right to life with dignity — Ensured for children up to 14 years — Further strengthened by 86th Constitutional Amendment Act, 2002, inserting Article 21-A and Article 51-A(k) — International covenants also recognize the Right to Education.
India Law Library Docid # 2432746

(929) VIRENDRA SINGH Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-09-2025
Criminal Procedure Code, 1973 (Cr.P.C.) — Section 482 / BNSS Section 528 — Quashing of FIR and proceedings — Delay in lodging FIR — Not a ground for quashing if FIR and charge-sheet disclose commission of an offence. (Para 16)

B. Criminal Procedure Code, 1973 (Cr.P.C.) — Section 482 / BNSS Section 528 — Evidence appreciation — Impermissible at the stage of quashing proceedings; if allegations
India Law Library Docid # 2432747

(930) SHRI RISHAL SINGH Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-09-2025
Penal Code, 1860 (IPC) — Sections 302, 201, 120B — Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 — Rule 16 (1) — Dismissal from service — Departmental enquiry based on criminal charges — Acquittal in criminal case — Impact of — Petitioner dismissed from service for alleged involvement in murder case, in which he was subsequently acquitted — Departmental and criminal charges were substantially similar — Acquittal in criminal case renders departmental findings
India Law Library Docid # 2432748

(931) LALLULAL KEDIA AND OTHERS Vs. SMT. LALITA DEVI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 03-09-2025
Rajasthan Rent Control Act, 2001 — Section 9 — Eviction of tenant — Bona fide need of landlord — Amendment of application by legal representatives — Original landlord filed eviction application on ground of bona fide need — Landlord died during pendency of appeal — Legal representatives sought amendment to assert their own bona fide need — Appellate Tribunal rejected amendment application and remanded matter for fresh decision on maintainability — Held, legal representatives are not required to
India Law Library Docid # 2432749

(932) RAJ KUMAR AND OTHERS Vs. ROOP RAM AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025
Punjab Redemption of Mortgages Act, 1913 — Section 4 — Punjab Security of Land Tenure Act, 1953, Section 17(B) — Tenancy rights and Mortgage with possession — Revival of tenancy after redemption — Surrender of tenancy — Suit for declaration and possession — Plaintiffs purchased land mortgaged with defendant who was also a tenant. Collector allowed redemption but held defendant was a tenant,
India Law Library Docid # 2432680

(933) KARAMJIT KAUR Vs. JAGTAR SINGH ALIAS BHOLA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025
Penal Code, 1860 (IPC) — Sections 406, 498-A, 120-B — Dowry Demand, Cruelty, Criminal Conspiracy — Revision Petition challenging acquittal — High Court's power to interfere with an acquittal in revision is very limited and exceptional — Acquittal upheld as the lower courts' judgments were reasoned, based on facts and law, and did not overlook material evidence or act with jurisdictional error.
India Law Library Docid # 2432689

(934) VINOD KUMARI Vs. STATE AND OTHERS[RAJASTHAN HIGH COURT] 03-09-2025
Penal Code, 1860 (IPC) — Section 494 — Bigamy — Ingredients — To convict for bigamy, prosecution must prove: (1) a valid and subsisting marriage at the time of the alleged second marriage, and (2) performance of another marriage with essential ceremonies and customary rites recognized under personal law. Mere cohabitation or assertions of living together are insufficient
India Law Library Docid # 2432729

(935) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Vs. SMT. MALATHI B. AND OTHERS[KARNATAKA HIGH COURT] 03-09-2025
Karnataka Electricity Board Employees' Service Regulations, 1966 — Regulation 171(b)(ii) — Withholding of pensionary benefits — Departmental proceedings — Cannot be instituted after four years from the event — Show cause notice issued in 2019, but no disciplinary proceedings commenced until retirement in 2023 — More than seven years passed since the incident — Retirement benefits cannot be withheld indefinitely due to
India Law Library Docid # 2432739

(936) IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. FICUS PAX PRIVATE LIMITED[KARNATAKA HIGH COURT] 03-09-2025
Civil Procedure Code, 1908 (CPC) — Order 11 Rule 1(10) — Production of documents by defendant — Leave of court required for documents not disclosed with written statement — Leave can be granted only upon establishing reasonable cause for non-disclosure — Negligence or inadvertence is not considered reasonable cause.
India Law Library Docid # 2432782

(937) PR. COMMISSIONER OF INCOME TAX CENTRAL AND OTHERS Vs. M/S. ATRIA WIND (KADAMBUR) PVT. LTD.[KARNATAKA HIGH COURT] 03-09-2025
Income Tax Act, 1961 — Sections 153A, 132, 143(3), 47(xiii) — Assessment in case of search or requisition — Reassessment under Section 153A — Requirement of incriminating material — Supreme Court decision in CIT v. Abhisar Buildwell (P) Ltd. followed — Assessment or reassessment under Section 153A cannot be made in absence of incriminating material found during a search under Section 132 or requisition under
India Law Library Docid # 2432783

(938) SRI ANABATHULA RAJASHEKAR Vs. SMT. VANGARI SUSHMA[TELANGANA HIGH COURT] 03-09-2025
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce — Cruelty — Allegations of physical abuse and severe mental agony by husband caused to wife — Wife expressed no possibility of compromise or settlement — Husband's claim of reunion based on "fantasy" and "happy memories" not believed — Court found no ground to interfere with trial court's order allowing divorce based on irreconcilable differences and cruelty.
India Law Library Docid # 2433041

(939) B. PAPA RAO Vs. THE CHIEF EXECUTIVE OFFICER, (CEO) TPWODL, BURLA, SAMBALPUR AND OTHERS[ORISSA HIGH COURT] 03-09-2025
Constitution of India, 1950 — Articles 226, 227 — Writ Petition — Family Pension — Nominee Change — Retired employee sought change of nominee for family pension to his second wife after his first wife's death and remarriage — Rejection order cited Pension Rules as not permitting change of nominee after retirement — High Court directed change of nominee, finding rejection illegal. (Para
India Law Library Docid # 2433190

(940) BEDABYAS BEHERA Vs. STATE OF ODISHA[ORISSA HIGH COURT] 03-09-2025
Wild Life (Protection) Act, 1972 — Section 39(1)(d) — Vehicles, weapons, etc., used in commission of offence become Government property — This vesting is not absolute at the seizure stage and does not preclude judicial scrutiny or interim release orders from the Magistrate.
India Law Library Docid # 2433191