(941) COMMITTEE OF MANAGEMENT, JAMI MASJID SAMBHAL AHMED MARG KOT SAMBHAL Vs. HARI SHANKAR JAIN AND OTHERS[ALLAHABAD HIGH COURT] 19-05-2025 Civil Procedure Code, 1908 — Section 80(2) — Urgent relief against Government — Leave to institute suit before expiry of notice period — Court has power to grant leave if satisfied with urgency, and such leave is a condition precedent to filing suit without notice — Objection regarding Section 80(1) not maintainable by a private individual as it's for the benefit of Government and its officers, who can waive it. India Law Library Docid # 2430200
(942) LAVKUSH TIWARI AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 19-05-2025 North-Western Provinces Village and Road Police Act, 1873; Oudh Laws Act, 1876; Uttar Pradesh Police Regulations — Village Policemen / Gram Prahari — Petitioners are Village Policemen, appointed under Acts of antiquity, claiming entitlement to minimum pay of regular police personnel in Uttar Pradesh based on their long service, nature of duties, and parity with other auxiliary forces like Home Guards. India Law Library Docid # 2430189
(943) GURKIRAT KALRA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 19-05-2025 Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Applicant residing abroad — Maintainability of application — Pre-arrest bail application can be filed by a person residing outside the country, but prior to the final hearing, the applicant must be physically present in India to enable the court to impose and enforce conditions as per law. India Law Library Docid # 2427944
(944) M/S UNITED INDIA INSURANCE CO. LTD. Vs. SRI THANERWAR BARUAH AND OTHERS[GAUHATI HIGH COURT] 19-05-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against judgment and award of Motor Accident Claims Tribunal — Quantum of compensation — Just and fair compensation — Principles — Appeal raising grounds of objection as to reasonableness and fairness of quantum awarded by Tribunal — Court’s role is to assess whether award has a reasonable basis and is not excessive — Interference warranted if compensation is not fair or reasonable India Law Library Docid # 2426127
(945) RADHA RANI DAS AND OTHERS Vs. ASHISH MAZUMDAR AND OTHERS[GAUHATI HIGH COURT] 19-05-2025 Civil Procedure Code, 1908 — Order 21 Rules 97, 101 & 103 — Resistance or obstruction to possession of immovable property — Adjudication of claims — Third party claims — Scope of inquiry — Requirements — Court receiving application under Rule 97 must adjudicate claims in accordance with Rule 101, conducting a full inquiry into right, title, or interest — Applicant must be in possession to invoke Rule 97 — Appellants, claiming India Law Library Docid # 2426128
(946) RAM NIVAS Vs. THE STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India, 1950 — Article 226 — Habeas Corpus — Legality of Detention — A writ of habeas corpus generally cannot be issued when a person is committed to judicial custody by a competent court’s order, provided the order is not prima facie without jurisdiction or wholly illegal. India Law Library Docid # 2427774
(947) MANGHU BAIGA Vs. STATE OF MP. AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India — Article 226 — Writ Petition — Challenging order withdrawing financial powers of Sarpanch — Financial powers of Sarpanch withdrawn after being caught accepting bribe and registration of a criminal case under Prevention of Corruption Act, 1988 — Order passed without considering reply to show cause notice and opportunity of hearing — Contention that there is no provision India Law Library Docid # 2427775
(948) SHANU AUTOMOBILES Vs. RAMJI RAUT[MADHYA PRADESH HIGH COURT] 19-05-2025 Criminal Procedure Code, 1973 — Section 204(4) — Dismissal of Complaint for Non-Payment of Process Fee — The Magistrate has the discretion to dismiss a complaint if the requisite fees for issuing process are not paid within a reasonable time — This dismissal is not an acquittal, and the order cannot be treated as such. India Law Library Docid # 2427776
(949) SURENDRA KUMAR MATHUR Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 19-05-2025 Service Law — Departmental Enquiry — Misconduct — Compulsory Retirement — Discrimination in Punishment — Principle of “Equality among Equals” — Assistant Jailor vs. Head Warder/Warder — Petitioner, as Assistant Jailor and in charge of Sub-jail, had different responsibilities and charges (inefficient control over prisoners/staff) compared to Head Warder/Warders — Therefore, plea of discrimination in punishment against other incumbents is not available as they are not India Law Library Docid # 2427777
(950) JYOTI DAS Vs. CENTRAL RAILWAY CSM TERMINUS AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Pension and Family Pension — Eligibility — Daughter — Widowed/Divorced Daughter — Central Civil Services (Pension) Rules, 1972 — Rule 54(6) — Office Memoranda — A daughter is eligible for family pension as a widowed/divorced daughter only if she meets all eligibility conditions at the time of her parents’ death or ineligibility and when her turn to receive the pension arrives — The critical factor is her status (married/unmarried/widowed/divorced) at the time the pension becomes India Law Library Docid # 2427778
(951) UNION OF INDIA AND ANOTHER Vs. NIRMALA RAJPUT AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Family Pension — Eligibility of Divorced Daughter — “Talaknama” (marriage dissolution agreement) — A Talaknama, even if executed by mutual consent, is not a legally valid document for dissolution of marriage under Hindu Law — The date of divorce is the date when a competent court grants a decree of divorce, not the date of a Talaknama. India Law Library Docid # 2427779
(952) KRISHNAPAL SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Criminal Law — Rape (IPC Section 376(2)(n)) — Absence of Injury — It is well-settled law that the absence of internal or external injuries on the body of the prosecutrix does not automatically lead to the conclusion that sexual intercourse was consensual — The oral testimony of the prosecutrix, if found credible, can be sufficient for conviction. India Law Library Docid # 2427780
(953) RAM SINGH BAKORIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Service Law — Departmental Enquiry — Disciplinary Authority — Disagreement with Enquiry Officer’s Findings — M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 — Rule 15(2) — Obligation to record reasons — Where the Disciplinary Authority disagrees with the Enquiry Officer’s finding that the charge is not proved, it is mandatory for the Disciplinary Authority to record its reasons for India Law Library Docid # 2427781
(954) SHANKARLAL AND OTHERS Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Criminal Law — Penal Code, 1860 — Sections 307 and 325 — Attempt to Murder vs. Voluntarily Causing Grievous Hurt — Key elements for Section 307 conviction include intention or knowledge to cause death, considering the nature of the weapon, manner of use, severity and number of blows, and the body part injured — The prosecution must prove the injury was sufficient to cause death in the ordinary course of nature — Lack of intention or knowledge to cause death, even with grievous India Law Library Docid # 2427782
(955) IN REFERENCE MEMO NO.454/2024 BHOPAL DATED 23/11/2024[MADHYA PRADESH HIGH COURT] 19-05-2025 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 1(4) — Overriding Effect over National Investigation Agency Act, 2008 — A juvenile in conflict with law, assessed to be tried as an adult, must be tried by the Children’s Court under the JJ Act, 2015, even if the case involves scheduled offences under the NIA Act, 2008 — The non-obstante clause in Section 1(4) of the JJ Act, 2015, which India Law Library Docid # 2427783
(956) UNION OF INDIA Vs. BALURAM[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Criminal Procedure Code, 1973 — Sections 451 & 457 — Interim Custody of Seized Property — Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 52-A — Disposal of seized conveyances — Vehicle seized for illegal transportation of poppy straw (contraband) — Application for interim custody allowed by trial court — Revision by Union of India seeking setting aside of order — India Law Library Docid # 2427784
(957) RAHUL Vs. GURBAJ SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Motor Vehicles Act, 1988 — Section 173(1) — Appeal for enhancement of compensation — Motor Accident Claims Tribunal (MACT) — Remarriage of claimant-widower — Entitlement to compensation — Tribunal’s award of Rs. 1,00,000/- for death of wife challenged as erroneously overlooking fact that remarriage does not bar compensation — High Court found that claimant’s remarriage does not extinguish his right to compensation for the death of his deceased India Law Library Docid # 2427785
(958) DR. O.P. SINGH AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India, 1950 — Article 14 — Equality before law and equal protection of laws — Discrimination — Retirement Age — Veterinary Doctors vs. Allopathic and Ayush Doctors — The Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011, by increasing the retirement age of Allopathic Doctors to 65 years while maintaining 62 years for Veterinary Doctors, creates discriminatory classification— Mode of treatment (humans vs. animals) is not an “intelligible differentia” to j India Law Library Docid # 2427786
(959) UMMAID SINGH Vs. BALDEV CHAND AND OTHERS[RAJASTHAN HIGH COURT] 19-05-2025 Civil Procedure Code, 1908 (CPC) — Order 7, Rule 11 — Rejection of plaint — Court fees — Petitioner failed to pay correct court fees as per valuation of the suit — Held, rejection of plaint by the lower court was justified. India Law Library Docid # 2432101
(960) CHANDRADHAR GAUR Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 17-05-2025 Criminal Procedure Code — Section 397, 401 — Revision against conviction and sentence — Appeal vs. Revision — Revision is maintainable when conviction is for offence not provided under Section 345 Cr.P.C. India Law Library Docid # 2429353