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(961) AZAHAR ALI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 17-05-2025
Educational Qualifications — Recognition of Degree — Court previously held that those admitted to Moallim-E-Urdu from Jamia Urdu, Aligarh on or before 11.08.1997 were eligible for Assistant Teacher posts in Urdu.
India Law Library Docid # 2429347

(962) PROF. (DR.) MUJAHID BEG Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 17-05-2025
Aligarh Muslim University Act, 1920 — Sections 19, 23, 24, 28, 17, 18, 20 — Statutes 2(1), 2(7), 14(1), 16, 17 — Regulations 8, 27 — Appointment of Vice-Chancellor — Process involves recommendation by Executive Council and Court to Visitor — Visitor has the ultimate discretion — Held that the process is selection, not election.
India Law Library Docid # 2430201

(963) DHEERENDRA SINGH Vs. MAHENDRA SINGH[MADHYA PRADESH HIGH COURT] 17-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Acquittal reversed — High Court — Criminal Appeal — Initial presumption under Section 139 NI Act is in favour of the complainant, establishing a legally enforceable debt/liability when the accused admits signature on the cheque — The burden then shifts to the accused to rebut this presumption — The standard of proof for rebuttal is
India Law Library Docid # 2427787

(964) ABHISHEK SHARMA Vs. SMT. APARNA TOMAR[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 17-05-2025
Civil Procedure Code, 1908 — Order 23 Rule 1(3) & (4) — Withdrawal of Suit — Bar on Fresh Suit — If a plaintiff withdraws a suit without seeking permission (liberty) from the court to file a fresh suit on the same subject matter, they are generally barred from instituting a subsequent suit on the same facts or cause of action — This restriction applies even if the subsequent suit seeks a different relief but is based on the same underlying factual premise — The consequence of not obtaining such
India Law Library Docid # 2427788

(965) PRAHLAD AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-05-2025
Madhya Pradesh Land Revenue Code, 1959 — Sections 59 & 172 (as amended by M.P. Act No. 23 of 2018) — Abatement of proceedings — Statutory Interpretation — Effect of “unless a different intention appears” Clause in General Clauses Act, Section 10 — Where new legislation explicitly states that all pending proceedings related to the subject matter shall abate, such express legislative intent overrides the general saving clause of the General Clauses Act.
India Law Library Docid # 2427789

(966) M/S KJS CEMENT LIMITED AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 17-05-2025
Mines and Minerals (Development and Regulation) Act, 1957 — Section 8A (5) and (6) — Extension of Mining Lease Period — Captive vs. Non-Captive Use — Interpretation — Section 8A (5) extends the lease period to March 31, 2030, for minerals used for “captive purposes,” while Section 8A (6) extends it to March 31, 2020, for “non-captive purposes.” — The determining factor for extension is the actual use of the mineral, not merely the mention of “captive” or “non-captive” in the
India Law Library Docid # 2427790

(967) ABBAS ANSARI Vs. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE, CIVIL SECTT. LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 16-05-2025
U.P. Land Revenue Act, 1901 — Section 33 & 39, U.P. Revenue Code, 2006 — Section 38 — Correction of land records — Scope of power — Not to decide title disputes — Orders correcting revenue entries based on apparent errors do not divest persons of title if they have a valid one.
India Law Library Docid # 2431205

(968) ATTAR SINGH AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 16-05-2025
Penal Code, 1860 (IPC) — Sections 147, 148, 302, 307, 323 — Conviction for murder, rioting, causing hurt — Appreciation of Evidence — Injured eyewitnesses — Testimony of injured eyewitnesses, even if related, carries significant weight and is generally reliable, as their presence at the scene is guaranteed by their injuries.
India Law Library Docid # 2430372

(969) ARJUN @ GOLU Vs. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME GOVT. OF U.P. LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 16-05-2025
Bail Application — Adjournment request by informant's counsel denied due to illness when State counsel is present and applicant is a juvenile. Victim's rights do not include stalling bail hearings.
India Law Library Docid # 2431649

(970) JAGDISH CHANDRA CHAWDA AND OTHERS Vs. SCHOOL EDUCATION DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-05-2025
Service Law — Pay and Allowances — Advance Increments — Two advance increments for acquiring B.Ed/D.Ed/B.T.I Diploma — Entitlement of teachers appointed before 16.06.1993 who obtained D.Ed diploma with departmental permission during service — Circulars dated 21.09.1974 and 24.12.1998 govern such cases — Amended Recruitment Rules of 16.06.1993 and subsequent orders
India Law Library Docid # 2427805

(971) DINESH NEGI Vs. SAHIL SOOD[HIMACHAL PRADESH HIGH COURT] 16-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Conviction and sentence — Revision against concurrent findings — Evidence and appreciation by trial and appellate courts — Admissibility of documents not mentioned in notice/complaint — Presumption under Section 139 — Rebuttal of presumption — Scope of revisional jurisdiction — Re-appreciation of evidence in revision is ordinarily impermissible unless findings are perverse — Deposit of entire compen
India Law Library Docid # 2425869

(972) RIDMAL AND OTHER Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-05-2025
Criminal Procedure Code, 1973 — Section 313 — Examination of accused — Purpose — To give the accused an opportunity to explain incriminating circumstances appearing against them in the evidence.
India Law Library Docid # 2425958

(973) PAKU KARMAKAR Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 16-05-2025
Penal Code, 1860 — Section 307 — Attempt to murder — Proof — Essential ingredients are act with intention or knowledge, under circumstances where if death is caused, it amounts to murder — Assault by husband on wife with a ‘dao’ (machete) — Injuries inflicted on vital parts including head and neck, resulting in grievous injuries and severed thumb — Victim’s testimony implicating husband, corroborated by medical evidence — Abscondance of accused and lack of plausible explanation
India Law Library Docid # 2426140

(974) RUPCHAN BHUYAN Vs. HAMIDA KHATUN AND OTHERS[GAUHATI HIGH COURT] 16-05-2025
Code of Criminal Procedure, 1973 — Section 125 — Order for maintenance of wife, children or parents — Petitioner (husband) earning salary from CRPF — Respondent (wife) and minor daughters unable to maintain themselves — Husband contesting claim but failing to adduce evidence to support claims of expenses or lack of income — Wife proving cruelty, inability to maintain herself and daughters, and husband’s income through uncontroverted testimony — Trial Court’s order directing maintenance of Rs
India Law Library Docid # 2426141

(975) UNION OF INDIA Vs. M/S G.P. SALES CORPORATION[GAUHATI HIGH COURT] 16-05-2025
Railway Claims Tribunal Act, 1987 — Section 23(2) — Appeal — Consent Decree — Tribunal’s finding indicating agreement on price per bag of damaged cement, not complete settlement of dispute — Not construed as a consent decree barring appeal under Section 23(2)
India Law Library Docid # 2426142

(976) NATIONAL INSURANCE CO. LTD. Vs. SUBODH KANTI MAJUMDAR AND OTHERS[GAUHATI HIGH COURT] 16-05-2025
Motor Vehicles Act, 1988 — Compensation — Assessment — Deceased bachelor — Deduction for personal expenses — Appeal against Tribunal’s award deducting one-third from deceased’s income — Deceased was bachelor (30 years 11 months) — Apex Court judgments mandates 50% deduction for personal expenses in case of bachelor where parents are claimants — Multiplier 17 appropriate for deceased aged 30 years 11 months — Recalculation of compensation by applying 50% deduction results in reduced awarded amoun
India Law Library Docid # 2426143

(977) ANANDSWAROOP AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-05-2025
Civil Procedure Code, 1908 — Execution of Decree — Limitation — Article 136 of Limitation Act, 1963 — A civil court decree must be executed within 12 years.
India Law Library Docid # 2427806

(978) MANISH VERMA Vs. BRIJ MOHAN PATEL AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-05-2025
Contempt of Courts Act, 1971 — Sections 10, 12, 15 — Criminal Contempt — Initiating Proceedings — Maintainability — Requirement of Consent — A private person cannot initiate criminal contempt proceedings without obtaining prior written consent from the Advocate General or requesting the High Court to take suo motu action by placing information before it — When such consent is not obtained, the petition is not maintainable.
India Law Library Docid # 2427791

(979) HEMLATA SHARMA Vs. VANDANA TRIPATHI[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 16-05-2025
Indian Succession Act, 1925 — Section 372 — Succession Certificate — Application for — Deceased's mother claiming share in insurance policies where wife was nominee — Lower court dismissed mother's claim to insurance policies but allowed her claim to bank deposits and FDRs — Appeal filed challenging dismissal of insurance policy claim.
India Law Library Docid # 2432096

(980) BANSHI LAL AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-05-2025
Penal Code, 1860 (IPC) — Section 323 — Causing hurt — Evidence — Complainant's testimony regarding injuries not corroborated by previous statement — Other witnesses turned hostile — Defence witnesses stated no incident occurred — Conviction under Section 323 IPC unsustainable due to lack of corroboration and benefit of doubt.
India Law Library Docid # 2432280