(321) POLLI DEVI AND OTHERS Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025 Motor Vehicles Act, 1988 — Compensation — Assessment — Contributory negligence — Absence of proof — Where positive evidence led by claimants proves accident due to rash and negligent driving of offending vehicle, absence of any eye witness or evidence from Insurance Company to prove contributory negligence of deceased driver warrants rejection of plea of contributory negligence. India Law Library Docid # 2425855
(322) BHAGAT RAM Vs. J&K SPECIAL TRIBUNAL AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025 Jammu and Kashmir Agrarian Reforms Act, 1976 — Sections 2(17), 4, 8, 21, 28-A, 40 — J&K Agrarian Reforms Rules, 1977 — Rule 12 — “Tiller” status — Conferment of ownership rights — Challenge to gift deed and claim of ownership by contesting respondents, ultimately unsuccessful, does not extinguish or merge their status as “protected tenants” or “tillers” if revenue records and evidence support such continuous possession since Kharif 1971. India Law Library Docid # 2425856
(323) SUBASH CHANDER AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025 Civil Procedure Code, 1908 — Section 151 — Clubbing of Petitions — Analogous Issues — Two separate writ petitions involving similar and analogous issues of service benefits and retiral settlement are clubbed and disposed of by a common judgment and order for efficiency and consistency. India Law Library Docid # 2425857
(324) VANSHAJ AZAD AND OTHERS Vs. BAR COUNCIL OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 02-05-2025 Advocates Act, 1961 — Section 24(1)(f) — Bar Council of India Rules — Enrollment fees — Charging of excessive fees by State Bar Councils beyond statutory limit — Validity — Supreme Court in Gaurav Kumar Vs. Union of India’ holding such excess fee charging as bad in law, contravening Section 24(1)(f) and Articles 14 & 19(1)(g) of the Constitution India Law Library Docid # 2425933
(325) M/S. RATHORE STEELS Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 02-05-2025 Gujarat Tenancy and Agricultural Lands Act, 1947 — Section 63AA — Bona fide industrial purpose — Application for certificate — Rejection/Consigning to file — Appeal under Section 63AA(d)(i) — Whether mandatory to file appeal upon every rejection/consigning to file — Collector’s power under Section 63AA is administrative, not quasi-judicial — Order dated 25.12.2023 consigning application to file due to lack of mandatory document is not a rejection of the application on substance — It was open to India Law Library Docid # 2425982
(326) STATE OF GUJARAT Vs. SAJJANRAJ BHANVARALAL JAIN AND OTHERS[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Principles Governing — Appellate Court Review — Power to review, re-appreciate, and reconsider evidence — Double Presumption of Innocence — Available to accused under fundamental criminal jurisprudence principles — Reinforced upon acquittal — Where two reasonable views of evidence exist, ordinarily acquittal findings are not disturbed — Apex Court principles in Rajesh Prasad vs. State of Bihar applied India Law Library Docid # 2425984
(327) PRAVINKUMAR VRAJLAL SEDANI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 02-05-2025 Saurashtra Gharkhed Ordinance, 1949 — Section 54 — Breach of conditions — Suo Motu proceedings — Initiation after unreasonable delay — Sale-deed registered in 1986, revenue entry mutated in 1986 — Suo motu proceedings initiated in 1991 — Delay of more than five years in initiating suo motu proceedings held by a Coordinate Bench in petitioner’s case concerning an identical issue and timeline to be unreasonable — Such judicial precedent binding on this Court due to identical facts and parties — In India Law Library Docid # 2425985
(328) PRAKASHBHAI RAMJIBHAI SUTARIYA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 397 — Revision — Scope of — Exercise of — Limited jurisdiction — Object of revisional jurisdiction is to correct manifest illegality, perversity, or misreading of evidence leading to miscarriage of justice — Not to be exercised as a second appellate power for in-depth re-examination of evidence and overturning concurrent findings — Current case: Concurrent findings of trial and appellate courts on factual aspects and proper legal India Law Library Docid # 2425986
(329) GOPAL RAVJI MALI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 397 read with Section 401 — Criminal Revision Application (Against Conviction) — Scope of Revisional Jurisdiction — Limited jurisdiction to address manifest illegality or perverse findings resulting in miscarriage of justice — Cannot be exercised as a second appellate power for re-examination of evidence — Concurrent findings of Trial Court and First Appellate Court upheld unless demonstrably erroneous India Law Library Docid # 2425988
(330) RAFIKBHAI HUSAINBHAI PATHAN Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 427(1) — Concurrent or consecutive sentences — Separate transactions — Applicant convicted in two distinct criminal cases arising from separate loan transactions and dishonoured cheques under Section 138 of the Negotiable Instruments Act, 1881 — First case involves joint loan with wife, second case involves individual loan — Trial and appellate courts passed separate judgments without directing concurrent sentences — Applicant withdrew revision application India Law Library Docid # 2425990
(331) RAYAN Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 02-05-2025 Companies Act, 2013 — Section 143 and 147(2) — Allegations of non-disclosure in related party transactions in financial statements by auditors — Prosecution initiated against individual partner of audit firm, not the firm itself — Requirements for vicarious liability of an individual in a company or partnership firm — Essential for company/firm to be arraigned as accused and specific allegations against individual’s personal involvement or fraudulent conduct — Absence of firm as accused and vagu India Law Library Docid # 2425991
(332) YOGESH BHAGWANDAS PATEL Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 154 — Registration of FIR — Second FIR — Maintainability — General rule is one FIR per cognizable offence/incident — However, exceptions exist where a second FIR is permissible. India Law Library Docid # 2425992
(333) GOPI PAPER MART INDIA PVT LTD Vs. LILA SHIP RECYCLING PVT LTD[GUJARAT HIGH COURT] 02-05-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 — Order 39, Rule 1 & 2 — Gujarat Land Revenue Code, 1879 — Bombay Agricultural Lands & Tenancy Act, 1948 — Specific Relief Act, 1963 — Section 34 — Injunction suit based on alleged encroachment — Maintainability — Where plaintiff claims title but ownership and exact boundaries or location India Law Library Docid # 2426050
(334) HEMIBEN LIMBABHAI PIPARIYA AND ANOTHER Vs. RASILABEN LIMBABHAI PIPARIYA AND OTHERS[GUJARAT HIGH COURT] 02-05-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope and Ambit — Concurrent Findings of Fact — Limited jurisdiction of High Court — Second Appeal can only be entertained if substantial question of law is made out — High Court cannot disturb concurrent findings of fact recorded by courts below in absence of any perversity, erroneous and arbitrary finding. India Law Library Docid # 2426046
(335) RUNUMI GOGOI SAIKIA AND ANOTHER Vs. UNION OF INDIA AND AND OTHERS[GAUHATI HIGH COURT] 02-05-2025 Recovery of Debts and Bankruptcy Act, 1993 — Sections 25 & 28 — Modes of recovery of debts — Attachment of mortgaged property — Principle of Natural Justice — Opportunity to be heard — Recovery Officer’s power to attach mortgaged property is available under Sections 25 and 28 — Order of attachment passed without giving opportunity to petitioners violates principles of natural justice under Article 21 of the Constitution — Such an order India Law Library Docid # 2426165
(336) JOGEN SARMA @ JOGEN CHANDRA SARMA @ JOGENDRA CHANDRA SARMA Vs. DHRUBAJYOTI SARMA AND OTHERS[GAUHATI HIGH COURT] 02-05-2025 Civil Procedure Code, 1908 — Section 152 — Correction of decree — Jurisdiction — Application under Section 152 to correct decree dated 23.01.1982 by Civil Judge (Junior Division) No. 1, Darrang, the Executing Court — Lower Court correctly rejected application as it lacked jurisdiction to correct decree passed by Appellate Court India Law Library Docid # 2426166
(337) DHRUBAJYOTI BORAH Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 302/201 (corresponding to Sections 103/238 BNS) — Murder and Causing disappearance of evidence of offence — Circumstantial Evidence — Requirements for conviction based on circumstantial evidence are establishing an unbroken chain of circumstances leading to the only conclusion of guilt of the accused — Admissibility of extra-judicial confession made before police hit by Section 25 (corresponding to Section India Law Library Docid # 2426167
(338) M/S. COAL INDIA LIMITED Vs. COMMISSIONER OF CUSTOMS (PORT), CUSTOMS HOUSE, KOLKATA[SUPREME COURT OF INDIA] 01-05-2025 Customs Act, 1962 — Section 14 — Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 — Rule 9(1)(e) — Assessable Value — Payments to Third Party (Indian Agent) — Payments made by an importer (Appellant) to an Indian agent/distributor (M/s Voltas Ltd.) of a foreign supplier, stipulated as a percentage of the FOB value and payable in addition to the price paid to the foreign supplier, are includible in the assessable value India Law Library Docid # 2425256
(339) RAJU @ UMAKANT Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 01-05-2025 Penal Code, 1860 — Sections 366, 376(2)(g), 342 — Evidence Act, 1872 — Section 114A — Rape — Testimony of Prosecutrix — Corroboration — The testimony of a prosecutrix in a sexual assault case, if found to be credible, consistent, and confidence-inspiring despite minor contradictions or variations from initial reports, is sufficient for conviction without corroboration — A victim of sexual assault is not an accomplice, and her evidence should be evaluated keeping in mind she is an interested witn India Law Library Docid # 2425284
(340) ASHOK KUMAR JAIN Vs. THE STATE OF GUJARAT AND ANOTHER[SUPREME COURT OF INDIA] 01-05-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Commercial Disputes — Abuse of Process — The inherent power under S. 482 CrPC to quash an FIR should be exercised sparingly and cautiously — While the court cannot embark upon an enquiry into the reliability of FIR allegations at this stage, where the FIR itself, read with undisputed documents related to the transaction, clearly points towards a dispute primarily of a civil nature (like non-payment in a commercial transaction involv India Law Library Docid # 2425285