(981) SHASHANK MISHRA Vs. STATE OF UP AND OTHERS[ALLAHABAD HIGH COURT] 15-05-2025 Constitution of India, 1950 — Article 22(1) — Arrest — Grounds of arrest — Requirement to inform — FIR registered against petitioner under various sections of IPC and Dowry Prohibition Act — Arrested without disclosure of grounds of arrest — Arrest memo did not contain grounds of arrest — Remand order did not consider non-compliance with disclosure of grounds of arrest — Petitioner had declined free legal aid and did not raise grievance at remand stage — Non-communication of grounds of arrest wa India Law Library Docid # 2429350
(982) C/M JANHIT MADHYAMIK VIDYALAYA AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 15-05-2025 Education Law — Grant-in-aid — Junior High School — Petitioner's claim for grant-in-aid rejected based on a subsequent government order, despite prior court decisions favoring the institution under an earlier order. India Law Library Docid # 2430304
(983) MOHAMMAD BASHIR Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-05-2025 Prevention of Corruption Act, 1988 — Section 5(2) read with Section 5(1)(e) — Offence of criminal misconduct (disproportionate assets) — Successive FIRs — Validity of registration — Abuse of process — Earlier FIR investigating same type of allegations closed as “Not Proved” after investigation and closure report accepted by Special Court — Impugned second FIR registered on same allegations of disproportionate assets, overlapping investigated properties India Law Library Docid # 2425864
(984) JYOTI SWARUP SHARMA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Rule 14 — Disciplinary proceedings — When commenced — Pendency of disciplinary/criminal proceedings — Sealed cover procedure — Promotion — Withholding of promotion: Disciplinary proceedings commence only upon issuance of the charge-memo/charge-sheet, not prior thereto — Sealed cover procedure for promotion of an employee can be adopted only when a charge-memo/charge-sheet has been issued or criminal prosecution is pending India Law Library Docid # 2425871
(985) FULEKAR MINJ Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Fratricide — Land dispute as motive — Extra-judicial confession — Admissibility of confession to Police Officer — Evidence Act, 1872 — Sections 25, 26 & 27 — Accused found present at place of occurrence — Recovery of weapon — Appreciating circumstantial evidence — Requirements for conviction based on circumstantial evidence — Chain of circumstances — When two views are possible — Benefit of doubt — Prosecution case based on circ India Law Library Docid # 2426136
(986) GOLJAR UDDIN AHMED @ RAJU AND OTHERS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 15-05-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(c) — Possession of commercial quantity of psychotropic substance — Evidence — Seizure witnesses turned hostile or did not corroborate investigating officer — Non-production of seized contraband and samples — Essential requirement is proving possession of contraband beyond reasonable doubt — Sole testimony of police official requires corroboration from independent sources, especially when not supported by production of seized artic India Law Library Docid # 2426137
(987) NATIONAL INSURANCE CO. LTD. Vs. ON THE DEATH OF HAIDAR ALI HIS LEGAL HEIRS RABIYA BIBI AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Motor Vehicles Act, 1988 — Sections 163A, 166 — Motor Accidents Claims Tribunal — Award of Compensation — Death of unmarried victim — Liability of Insurer — Proof of Insurance — Seizure of insurance certificate during criminal investigation showing policy validity at time of accident — Evidence of Insurer’s witness contradicting existence of policy with their specific branch without proper authentication or identification of signatory — Departures from pleadings concerning the insurance policy — India Law Library Docid # 2426138
(988) MD. ABU BAKKAR SIDDIQUE Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Constitution of India — Articles 226 & 227 — Foreigners Tribunal — Opinion/Order — Burden of Proof — Perversity — Judicial Review — Challenge to a Foreigners Tribunal’s opinion declaring the petitioner a foreigner — Tribunal’s opinion based on the petitioner’s failure to provide valid documentation during the initial enquiry and inconsistencies in exhibited voter lists regarding age and relational details — Petitioner’s primary documents (voter India Law Library Docid # 2426139
(989) KAMAL SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-05-2025 Service Law — Suspension — Competent Authority — Madhya Pradesh Rajya Mandi Board Seva Viniyam, 1998, Rule 35 & Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, Section 42-D(4) — The Managing Director of the Board has the power of superintendence and control over all officers and employees — If the appointed authority (Additional Director) is transferred and the post is vacant, the Managing Director can exercise the power to suspend an employee under Section 42 India Law Library Docid # 2427807
(990) MOHAN SINGH ALIAS BABU RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Criminal Procedure Code, 1973 — Section 397 — Revision — Scope of Interference — Concurrent Findings — Revisional court’s jurisdiction to rectify patent defects, errors of jurisdiction, or law — Not to dwell at length upon facts and evidence to reverse findings — Limited scope of interference; not to be exercised in a routine manner. India Law Library Docid # 2425873
(991) M/S. VADSP PHARMACEUTICALS AND OTHERS Vs. UNION OF INDIA[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Drugs and Cosmetics Act, 1940 — Section 34 — Offences by companies — Vicarious liability of Directors/Officers — Essential ingredients are that the person was in charge of and responsible to the company for the conduct of its business at the time of the offence — Mere designation as Director/Officer is insufficient; specific averments showing role and responsibility are mandatory — Complaint must clearly spell out how and in what manner the individual accused was India Law Library Docid # 2425876
(992) PREMCHAND AND OTHERS Vs. MANGILAL AND OTHERS[RAJASTHAN HIGH COURT] 15-05-2025 Rajasthan Pre-emption Act, 1966 — Section 6(1)(i) and 6(1)(ii) — Right of pre-emption — Common wall — Co-owner of a party wall (common boundary wall) between two adjacent properties is not a co-sharer or does not have common amenities with the other property to claim a right of pre-emption under the Act, as the rights are akin to easementary rights. India Law Library Docid # 2432100
(993) GAJENDRA BHARDWAJ Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-05-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Jurisdiction of Revenue Court — Suit for permanent injunction concerning land allotted for storage of explosive substances — Whether revenue court has jurisdiction to try the suit — Held, disputed land is revenue land and the revenue court has exclusive jurisdiction to try such matters, thus the Civil Court lacks jurisdiction. India Law Library Docid # 2432102
(994) M/S SHYAM OILS, DIWANO KI HAVELI Vs. ABHINAV JAINS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-05-2025 Commercial Courts Act, 2015 — Sections 2(c)(17), 12 — Commercial Dispute — Specified Value — Jurisdiction of Commercial Court — A suit is triable by a Commercial Court only if it involves both a "commercial dispute" and a "specified value" threshold, as defined by the Act. Section 60 of the Copyright Act, 1957 and Section 142(2) of the Trade Marks Act, 1999 are pari materia and dictate where suits India Law Library Docid # 2432106
(995) NEEHARIKA SINGH Vs. DIRECTORATE OF ENFORCEMENT LKO. ZONAL OFFICE LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 14-05-2025 Prevention of Money Laundering Act, 2002 — Section 3 — Money Laundering Offence — Independent Offence — The offence of money laundering is independent of the scheduled offence through which the proceeds of crime were generated. If all accused in the scheduled offence are exonerated, no proceeds of crime are generated, and thus no money laundering can occur. However, if some accused in the scheduled offence are exonerated but others are not, or if a person not accused in the scheduled offence ass India Law Library Docid # 2431153
(996) SMT. KRISHNA KANT GUPTA Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 14-05-2025 Disciplinary Proceedings — Violation of Procedural Rules — Test of Prejudice — Where procedural rules in disciplinary proceedings are not strictly followed, the court must ascertain if the violation caused prejudice to the delinquent employee, i.e., if they were denied a fair hearing. India Law Library Docid # 2429261
(997) JUGESHWAR PRASAD Vs. HANUMAN PRASAD[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 14-05-2025 Provincial Small Cause Courts Act, 1887 — Section 23 — Return of plaints in suits involving questions of title — Discretionary power — Court of Small Causes can incidentally decide title issues in landlord-tenant suits, but can return plaint if title cannot be finally determined — Power under Section 23 is discretionary and must be exercised within legal bounds. India Law Library Docid # 2431200
(998) JAWAHAR LAL GUPTA Vs. STATE OF U.P.THROUGH SECY FOOD AND CIVIL SUPPLIES[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 14-05-2025 Article 311(2) of the Constitution of India and disciplinary rules mandate observance of natural justice, requiring fair and reasonable inquiry proceedings. India Law Library Docid # 2431646
(999) SHAILENDRA KUSHWAHA Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 14-05-2025 Penal Code, 1860 (IPC) — Sections 363, 366, 376-D — Protection of Children from Sexual Offences (POCSO) Act, 2012 — Sections 3/4 — Kidnapping, Rape — Victim's Testimony — Corroboration — Medical Evidence — Conviction based on sole testimony of victim — Inconsistent statements — Trial court relied solely on victim's testimony despite material improvements and lack of corroboration in subsequent statements, leading to perversity in judgment. India Law Library Docid # 2430374
(1000) KAMLA DEVI U/A 227 Vs. ADDITIONAL DISTRICT JUDGE UNNAO AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 14-05-2025 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside ex-parte decree — Lack of application of mind — Ex-parte decree must show evidence of court's application of mind and reasoning, even when passed in absence of a party. A decree lacking reasoned analysis is invalid. Proceeding ex-parte does not grant the court authority to pass a decree without due consideration of evidence. India Law Library Docid # 2431647