(281) STATE OF GUJARAT Vs. RAJESH ALIAS RAJU MAHENDRABHAI SHAH AND ANOTHER[GUJARAT HIGH COURT] 06-05-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal Against Acquittal — Powers of Appellate Court — Re-appreciation of Evidence — While the High Court has full power to review evidence upon which an order of acquittal is founded, the presumption of innocence of the accused, reinforced by acquittal by the trial court, requires reversal only for very substantial and compelling reasons, especially when the trial court had the advantage of seeing and hearing witnesses. India Law Library Docid # 2425977
(282) UNION OF INDIA REPR BY CHIEF ENGINEER NAVY MUMBAI Vs. M/S PUSHKARRAJ CONSTRUCTION P LTD.[GUJARAT HIGH COURT] 06-05-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Jurisdiction — Challenge to order dismissing Section 34 application for lack of jurisdiction by Additional District Judge, Porbandar — Court reasoned arbitration was not referred by a judicial proceeding in Porbandar, and Commercial Courts Act, 2015, vests jurisdiction in Commercial India Law Library Docid # 2426049
(283) SANTIUS KUJUR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 06-05-2025 Penal Code, 1860 — Section 302 — Murder — Conviction — Alteration to Culpable Homicide — Father killed by son with firewood over bicycle dispute — Single blow with forceful impact causing fatal head injuries — Eyewitness account from mother establishing involvement — Lack of intention to cause death inferable from trivial motive, single blow, and immediate post-incident conduct (remaining at site, informing villagers) — Confessions before police irrelevant — Medical evidence of head fractures in India Law Library Docid # 2426145
(284) M/S. UNIQUE COAL TRADERS Vs. UNION OF INDIA[GAUHATI HIGH COURT] 06-05-2025 Railways Act, 1989 — Section 73 — Punitive charge for overloading a wagon — Recovery of — Permissible before delivery of goods — Provision enables recovery of punitive charges for overloading beyond permissible carrying capacity. India Law Library Docid # 2426146
(285) SHUBHKARAN SINGH Vs. ABHAYRAJ SINGH AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025 Civil Procedure Code, 1908 — Order 18 Rule 17 — Recall of witness — Scope and Ambit — The power vested in the Court under Or. 18 R. 17 is primarily for the Court itself to recall a witness suo motu or on application, to put questions for clarifying any ambiguity or doubt arising from the evidence already on record — It is not a provision intended to enable parties to fill up lacunae in their case, conduct further examination-in-chief or cross-examination, or place additional material/evidence wh India Law Library Docid # 2425394
(286) POWERGRID COPORATION OF INDIA LIMITED Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025 Electricity Act, 2003 — S. 178 — Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 — Regulation 53, Note 2 — Additional Capitalization — Replacement of Damaged Assets — Operation and Maintenance — Expenditure incurred on replacing damaged Inter-connecting Transformers (ICTs), which failed due to internal faults/fire shortly after commissioning, cannot be admitted as 'additional capitalization' India Law Library Docid # 2425395
(287) THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED Vs. SMT. HONNAMMA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025 Motor Vehicles Act, 1988 — S. 147 — Liability — Tractor-Trailer Accident — Uninsured Trailer — Root Cause — Where an accident involving death occurs due to the overturning of a trailer being pulled by an insured tractor, the liability of the tractor’s insurer extends to cover the accident — The crucial factor is the root cause of the accident being the insured tractor’s action in pulling/driving/moving the trailer, leading to the mishap in an unbroken chain of events — Principles requiring separ India Law Library Docid # 2425396
(288) VISHAL TIWARI Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025 Constitution of India — Article 32 — Writ Petition — Prayers — Suo Motu Criminal Contempt — FIR — Advisory on Hate Speech — Petition sought initiation of suo motu criminal contempt against Respondent No. 4 for remarks against the Supreme Court and CJI; direction for FIR under Bharatiya Nyaya Sanhita, 2023; and direction for an advisory to curb hate/provocative speeches relating to the Waqf (Amendment) Act, 2025 India Law Library Docid # 2425501
(289) HARIRAJAN PILLAI Vs. SIYAD[SUPREME COURT OF INDIA] 05-05-2025 Commercial Courts Act, 2015 — Proviso to Order V Rule 1 and Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 (as amended by the Commercial Courts Act) — Time Limit for Filing Written Statement — Mandatory Nature — Forfeiture of Right Beyond 120 Days — Non-Applicability of Section 5, Limitation Act, 1963 — In a commercial suit, the statutory period of 120 days for filing a written statement is mandatory, and upon the lapse of this period, the defendant forfeits the right to file the India Law Library Docid # 2425503
(290) CHITHRA AND ANOTHER Vs. SASIKUMAR AND OTHERS[SUPREME COURT OF INDIA] 05-05-2025 Constitution of India — Article 227 — Supervisory Jurisdiction of High Court — Rejection of Plaint — Usurpation of Original Jurisdiction and Supplanting Statutory Remedy under CPC — The supervisory power of the High Court under Article 227 of the Constitution is to be exercised sparingly to ensure subordinate courts and tribunals act within their jurisdiction and not to usurp the original jurisdiction of the trial court or to supplant statutory remedies available under the Code of Civil Procedur India Law Library Docid # 2425504
(291) BALDEI AND OTHERS Vs. HARGIAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Change in nature of suit from permanent injunction to declaration, symbolic possession, specific performance, and consequential permanent injunction — Permissibility at rebuttal stage — Plaintiff initially filed suit for permanent injunction based on agreement to sell/affidavit/panchayatnama of 1994 — Defendants in 2014 written statement disclosed their purchase of suit property vide sale deed of 2014 and pleaded possessi India Law Library Docid # 2425624
(292) NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANGI DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation in fatal accident case — Enhancement sought by Insurance Company (by challenging income assessment and future prospects) and by claimants (under Or. 41 Rule 33 CPC for conventional heads and consortium, despite no appeal/cross-objection) — Deceased aged 36, survived by wife (32), four minor children (3-11 yrs) and parents — Tribunal assessed income at Rs. 10,520/- p.m. (Deputy Commissioner rates), added 50% future prospects, deducted 1/5th fo India Law Library Docid # 2425625
(293) NITISH AND OTHERS Vs. SANDEEP KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025 Contempt of Courts Act, 1971 — Sections 10, 12 & 19 — Civil Contempt — Disobedience of Writ Court order — Writ Court order dated 24.02.2025 passed on State Counsel’s undertaking that petitioners (employees of a Cooperative Society), if working as on date, would continue till adjudication of ROR (Revision of Resolution) — Respondents (Assistant Registrar Cooperative Societies and Society Manager) found guilty of contempt for not allowing petitioners to work despite appointment letters and joining India Law Library Docid # 2425626
(294) ARYAN GOEL Vs. THE STATE OF PUNJAB[SUPREME COURT OF INDIA] 05-05-2025 Criminal Procedure – Special Leave Petition – Pre-Arrest Bail – Grant of interim protection made absolute where petitioner cooperated with investigation. India Law Library Docid # 2425654
(295) LATA GOYAL Vs. THE UNION OF INDIA AND ANOTHER[CHHATTISGARH HIGH COURT] 05-05-2025 Constitution of India, 1950 — Article 226 — Maintainability of Writ Petition — Against Autonomous Institutions — Indian Institute of Management (IIM) Raipur — Whether amenable to writ jurisdiction in employment matters — IIM, established under the Indian Institutes of Management Act, 2017, possessing perpetual succession and a common seal, empowered to contract and sue/be sued in its own name — Governed by its own Board of Governors (BoG) with administrative and financial independence — Act of 2 India Law Library Docid # 2425690
(296) SANJEEV GUPTA Vs. CENTRAL UNIVERSITY OF JAMMU[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025 Service Law — Promotion — Rules Governing Promotion — Vacancies arising prior to amendment of rules — Whether governed by old rules or amended rules — Long-standing principle that vacancies are governed by rules in force at the time of accrual — Supreme Court’s overruling of earlier position — Rules in force at the time of consideration for promotion govern the process — Employer’s right to abandon earlier process and initiate new India Law Library Docid # 2425858
(297) AMANULLAH KHAN Vs. UOI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025 Land Acquisition Act, J&K — Compensation — Loss caused to brick kiln due to widening of National Highway — Brick kiln established on leased land — Damage and closure forcing shutdown — Revenue authorities, after joint inspection with acquiring authority representatives, find portion of brick kiln land utilized for road and construction raised thereon — Acquiring authority disputing report and rejecting it at their level without due process — Revenue authorities have power to demarcate land; thei India Law Library Docid # 2425859
(298) STATE OF GUJARAT Vs. RAMESH SOMABHAI AMALIYAR AND OTHERS[GUJARAT HIGH COURT] 05-05-2025 Criminal Procedure Code, 1973 — Section 378(1)(3) — Appeal against Acquittal — Scope of Interference — Appellate Court’s full power to review evidence notwithstanding, it must be slow to disturb factual findings by Trial Court having seen witnesses — Acquittal strengthens presumption of innocence — Interference proper only where judgment is perverse, contrary to material, palpably wrong, manifestly erroneous, or demonstrably unsustainable — Mere possibility of another view is insufficient to con India Law Library Docid # 2425978
(299) LAND ACQUISITION AND REHABILITATION OFFICER AND ANOTHER Vs. LAVAR RAJABHAI NAGJIBHAI[GUJARAT HIGH COURT] 05-05-2025 Land Acquisition Act, 1894 — Section 28 — Additional Compensation — Determination of Market Value Basis — Principle — Opinion of Experts — Valuation Committee Report — Valuation Committee report comprising expert body (Collector, Town Planning Officer, etc.) is a valid basis for determining market value in land acquisition cases; its estimation is expert evidence and can form a relevant piece of evidence, though dislodgeable by contrary evidence India Law Library Docid # 2425979
(300) MANIRAM SANTRAM KAPDI Vs. JANAKSINH MERUBHA ZALA AND OTHERS[GUJARAT HIGH COURT] 05-05-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Compensation — Amputation of Leg — Assessment of Disability — Claimant, a labourer, suffered amputation of right leg below knee in a vehicular accident — Doctor assessed permanent physical disability at 90% of right lower limb — Cross-examination of doctor did not negate this assessment — Considering claimant’s occupation as a labourer and the nature of injury, functional disability assessed at India Law Library Docid # 2425980