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(881) PRATAP C. JOSISHER, AND OTHERS Vs. THE DISTRICT COLLECTOR AND OTHERS[ANDHRA PRADESH HIGH COURT] 24-03-2025
Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 — Sections 5(3) & 5(5) — Appeal — Maintainability — An order passed by the Mandal Revenue Officer under Section 5(3) amending entries in the record of rights is appealable under Section 5(5) before the Revenue Divisional Officer, who is obligated to entertain and decide the appeal on merits, considering the legality and correctness of the MRO’s order based on material available as on the date of that order.
India Law Library Docid # 2424912

(882) HABBAN SHAH Vs. SHERUDDIN[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Specific Relief Act, 1963 — Section 28 — Execution of Decree — Specific Performance — Time Limit for Deposit — Effect of Appeal and Interim Orders — When a decree for specific performance grants the plaintiff-decree holder (DH) a specific time to deposit the balance sale consideration, but the defendant-judgment debtor (JD) files an appeal before the expiry of this period and obtains interim orders (restraint/status quo) preventing execution or deposit, the failure of the DH to deposit within th
India Law Library Docid # 2425087

(883) SURAJ PARKASH Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Service Law — Efficiency Bar — Crossing Based on Integrity — Effect of Adverse ACR — Applicability of Specific Instructions — In service jurisprudence concerning the crossing of an efficiency bar, where specific government instructions address the consequence of an adverse report against integrity, such specific instructions prevail over general instructions regarding inefficiency — Under instructions providing that an employee with an adverse report on integrity should not cross the efficiency
India Law Library Docid # 2425091

(884) PRATAP SINGH AND ANOTHER Vs. DEVENDER SAINI[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Punjab Courts Act, 1918 — Section 41 — Second Appeal — Scope of Interference — Question of Law vs. Question of Fact — The jurisdiction of the High Court under Section 41 of the Punjab Courts Act, 1918, in a second appeal is confined to interfering only when the decision is contrary to law or established custom/usage having the force of law, or where the lower court has failed to determine a material issue of law or custom/usage — The appeal cannot be entertained merely on the ground of an errone
India Law Library Docid # 2425092

(885) USHA RANI Vs. SHAKUNTLA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Pleading and Proof — In a suit for specific performance of an agreement to sell, the plaintiff must not only plead but also affirmatively prove continuous readiness and willingness to perform their part of the contract, from the date of the contract through to the date of hearing — This requires demonstrating not just the intention but also the capacity, including financial means, to complete the transaction — The burden of
India Law Library Docid # 2425120

(886) SANDEEP KAUR Vs. ANGREJ SINGH[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — False and Baseless Allegations — Levelling false, baseless, vague, and uncorroborated allegations against the spouse and their family members, including complaints to authorities (like police/SSP) alleging harassment, dowry demand, or misappropriation of istridhan, which remain unsubstantiated during enquiry or trial, constitutes mental cruelty – Specifically, making unsubstantiated allegations against the character of the
India Law Library Docid # 2425121

(887) SATYAN DUA Vs. ESS ESS BATHROOM PRODUCTS PVT. LTD. AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Motor Vehicles Act, 1988 — Compensation — Assessment — Injury Claim — Notional Income for Student — For assessing loss of income/future loss of income for a student claimant (18 years old) with no prior income proof, courts can determine a just notional monthly income based on the facts, potential, and judicial precedents, considering factors like educational background and the severity of injuries impacting future earning capacity.
India Law Library Docid # 2425122

(888) SUCHA SINGH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Criminal Procedure Code, 1973 (Cr.P.C.) — Section 319 (Now Section 351, Bharatiya Nagarik Suraksha Sanhita, 2023) — Power to Summon Additional Accused — Standard of Proof Required — The power vested under Section 319 Cr.P.C. is an extraordinary power, discretionary in nature, and intended to be exercised sparingly only in cases where the circumstances clearly justify it — The standard of proof required for summoning a person as an additional accused under this section is significantly higher tha
India Law Library Docid # 2425175

(889) THE GURDASPUR CENTRAL COOPERATIVE BANK LTD. Vs. KIRPAL SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-03-2025
Civil Procedure — Review — Scope and Limitations — Distinction from Appeal — The jurisdiction of the Court in a review petition is exceedingly limited and circumscribed — Review proceedings are not an appeal in disguise and cannot be entertained merely on the ground that the original judgment sought to be reviewed is incorrect or erroneous on merits — A rehearing of the matter or an attempt to re-argue the case is impermissible under the garb of review — The remedy against an incorrect judgment
India Law Library Docid # 2425176

(890) UNION OF INDIA AND OTHERS Vs. SOURAV BISWAS[CALCUTTA HIGH COURT] 24-03-2025
Service Law — Armed Forces — Disability Pension — Attributability/Aggravation — Entitlement Rules for Casualty Pensionary Awards, 2008 — Injury during BPET — An injury (Spondylolisthesis L4-L5) sustained by a soldier while participating in a mandatory Battle Physical Efficiency Test (BPET) conducted in a designated ‘field area’ is considered attributable to and aggravated by military service under the Entitlement Rules, 2008, especially when the genesis of the subsequent diagnosed
India Law Library Docid # 2425213

(891) INDIABULLS HOUSING FINANCE LIMITED Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 24-03-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Summoning Order — Scope of Interference — The High Court, exercising jurisdiction under Section 482 CrPC, should refrain from quashing a summoning order and subsequent proceedings where the complaint and preliminary evidence disclose prima facie elements of criminal offences (like forgery, cheating, conspiracy under IPC Sections 120-B, 420, 467, 468)
India Law Library Docid # 2425242

(892) STATE OF H.P. AND OTHERS Vs. M/S. INDORAMA INDIA PVT. LTD. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 22-03-2025
Review Petition — A review petition is not an appeal and is maintainable only for errors apparent on the face of the record or discovery of new evidence — High Court dismissed a review petition filed by the State seeking review of a judgment regarding the necessity of a fresh instrument for the transfer of leasehold rights upon sanction of a Scheme of Arrangement by the NCLT, holding that the grounds raised did not constitute an error apparent on the face of the record, especially given that the
India Law Library Docid # 2423795

(893) KAMAL AANJNA Vs. NIRBHAY SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-03-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal for Enhancement — Permanent Disability — Appeal preferred by the claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal for grievous injuries including multiple fractures (femur, nasal bone, ankle, radius) and head injury sustained in a motor accident, leading to permanent disability.
India Law Library Docid # 2424151

(894) STATE OF KARANTAKA AND OTHERS Vs. B.G. PRAKASH KUMAR AND OTHERS[KARNATAKA HIGH COURT] 22-03-2025
Criminal Procedure Code, 1973 — Sections 227, 239 — Discharge of Accused — Stage for Consideration — Post Framing of Charge — The stage for considering discharge of an accused under Section 227 (Sessions trial) or Section 239 (Magistrate trial - warrant case) is prior to the framing of charges — Once charges have been framed, the trial court lacks the power under these sections or any other provision of the Code to discharge the accused — Following the framing of charge, the trial must proceed t
India Law Library Docid # 2424358

(895) SHYAMLAL AND OTHERS Vs. RAMBAI AND OTHERS[CHHATTISGARH HIGH COURT] 22-03-2025
Stamp Act, 1899 — Section 33 & Section 48B (Chhattisgarh State Amendment) — Power to Impound Document — Limitation — The duty and power of a Court under Section 33 of the Stamp Act to examine and impound an instrument that appears insufficiently stamped upon its production is distinct from, and not curtailed by, the limitation period prescribed under the proviso to Section 48B (State Amendment) which restricts the Collector’s power to initiate action regarding deficiency noticed from a copy afte
India Law Library Docid # 2424702

(896) MANISH GAWALE Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 22-03-2025
Penal Code, 1860 — Section 306 read with Section 107 — Abetment of Suicide — Ingredients — Instigation or Intentional Aid — To establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused instigated the deceased to commit suicide or engaged in a conspiracy, or intentionally aided the commission of suicide by an act or illegal omission, as defined under Section 107 IPC — There must be clear mens rea and a positive act by t
India Law Library Docid # 2424703

(897) INDER SINGH Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 21-03-2025
Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State, if “sufficient cause” is shown and substantial justice is served, balancing between adherence to limitation and the pursuit of meritorious claims —Supreme Court upholds the condonation of a 1537-day delay in the State's second appeal, emphasizing a liberal approach when substantial justice is at stake, particularly in cases invol
India Law Library Docid # 2423720

(898) DHIRUBHAI BHAILALBHAI CHAUHAN AND ANOTHER Vs. STATE OF GUJARAT AND OTHERS[SUPREME COURT OF INDIA] 21-03-2025
Penal Code (IPC), 1860 — Sections 143, 147 and 149 — Conviction for Unlawful Assembly — Necessity of Proof Beyond Mere Presence — Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances — Supreme Court sets aside the High Court's conviction of six individuals for rioting and related offences, restoring their acquittal, as thei
India Law Library Docid # 2423721

(899) SUDAM PRABHAKAR ACHAT Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 21-03-2025
Penal Code, 1860 (IPC) — Section 300, 302 and 304 — Culpable homicide not amounting to murder — Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served — Supreme Court partly allows an appeal, converting a conviction under Section 302 to Section 304, considering the lack of premeditation and the time already serve
India Law Library Docid # 2423722

(900) HARPREET SINGH AND OTHERS Vs. KAVITA CHAUDHARY[HIMACHAL PRADESH HIGH COURT] 21-03-2025
Penal Code, 1860 (IPC) — Sections 452, 511, 503, 504, 350, 34 and 211 — Criminal Procedure Code, 1973 (CrPC) — Section 204(2) — The requirement of filing a list of prosecution witnesses under Section 204(2) of the Cr.P.C. is generally directory, and the absence of such a list does not automatically vitiate the summoning order unless a failure of justice has occurred — High Court dismissed a petition seeking to quash criminal proceedings initiated upon a complaint, holding that the learned Magist
India Law Library Docid # 2423796