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(1) RAJPAL SHARMA Vs. STATE OF PUNJAB AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 22-09-2023
Punjab Civil Services (Premature Retirement) Rules, 1975 - Rule 3 - Premature Retirement - Assistant sub-inspector of police - Involvement in corruption case - In cases involving corruption, there cannot be any punishment other than dismissal from service - Any sympathy shown in such cases is totally uncalled for and would be contrary to public interest - By considering the service record of petitioner, it cannot be said that his service record was clean
India Law Library Docid # 2400063

(2) SUHAIL AHMAD THOKAR Vs. NATIONAL INVESTIGATION AGENCY [DELHI HIGH COURT] 22-09-2023
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (CrPC) - Sections 120B, 121 A, 122 and 123 - Unlawful Activities (Prevention) Act, 1967 - Sections 18, 18A, 18B, 20, 38 and 39 - Bail - Criminal conspiracy with terrorist organizations - Factors to be borne in mind while considering an application for bail; (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity o
India Law Library Docid # 1603600

(3) DEEPTI Vs. ANIL KUMAR [DELHI HIGH COURT] 19-09-2023
Hindu Marriage Act, 1955 - Section 13(1)(ia) & (ib) – Divorce - Irretrievable breakdown of marriage – Family Court has merely considered the fact that the parties have lived separately for 11 years and granted divorce on the ground of breakdown of marriage - Such an exercise of powers is not conferred on the Family Court - Family Courts have to restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Act - Irretrievable breakdown of mar
India Law Library Docid # 2400003

(4) SMT MAYA DEVI Vs. STATE [DELHI HIGH COURT] 19-09-2023
Arms Act, 1959 - Section 25 - Possession of Illegal Arms and Ammunition - Evidence of a hostile witness cannot be discarded as a whole, and relevant parts thereof which are admissible in law can be used by the prosecution or the defence - In the adversarial system every person accused of an offence is presumed to be innocent and burden lies upon the prosecution to establish guilt of the accused beyond reasonable doubt - Doubt must be actual and substantial doubts as to the guilt of accused arisi
India Law Library Docid # 2400004

(5) TSEWANG Vs. STATE OF HIMACHAL PRADESH [HIMACHAL PRADESH HIGH COURT] 19-09-2023
Protection of Children from Sexual Offences Act, 2012 - Section 6 - Penetrative sexual assault - Age of the child victim - Non-examination of material witnesses - Appellant not identified by the victim before the Court - In order to prove the age of child victim, the birth certificate, school certificate etc., as envisaged under both Juvenile Protection Act as well the Protection of Children against Sexual Protection Act, were required to be produced - However, in the present case, the prosecuti
India Law Library Docid # 2400018

(6) BODDU JAYA KRISHNA, SECUNDERABAD Vs. BODDU NAGA PRAVEENA [ANDHRA PRADESH HIGH COURT] 19-09-2023
Hindu Marriage Act, 1955 - Sections 9 and 13(1)(ia) - Divorce on the ground of cruelty by wife - Wife filed a petition for restitution of conjugal rights - Wife testified as P.W.1 stated that due to indifferent attitude of the husband the marriage failed in all the three nights and no consummation has taken place - It is also averred that she was taken by her parents on the advice of her father-in-law only, who promised that they will take her back to the matrimonial home on an auspicious day -
India Law Library Docid # 2400041

(7) PARAM KUMAR Vs. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE AND OTHERS [PATNA HIGH COURT] 19-09-2023
This petition is filed under Article 226 and 227 of the Constitution of India in which the petitioner has challenged the order dated 09.07.2022 passed by the concerned Magistrate whereby the petitioner has been sent to judicial custody. Thereafter, by filing I.A. No. 01 of 2022, the petitioner has prayed for the amendment in the prayer portion of the writ petition to the extent to quash any further order of remand which extends the custody of the petitioner after 22.07.2022.
India Law Library Docid # 2400027

(8) RAJKUMAR YADAV @ RAJA YADAV AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS [PATNA HIGH COURT] 19-09-2023
These Criminal appeals arise out of the common judgment dated 24.01.2019, passed in G.R. case No.1687/2012, corresponding Trial No.368/2017 by the learned 1st Additional Sessions Judge-cum-Special Judge, Madhubani, therefore, having been heard together, and accordingly, being disposed of by this common order.
India Law Library Docid # 2400026

(9) VIRINDER NAYAR Vs. JATINDER SINGH (DECEASED) THROUGH HIS LRS [PUNJAB AND HARYANA HIGH COURT] 19-09-2023
East Punjab Urban Rent Restriction Act, 1949 - Section 15(5) - Eviction - Plea raised by the petitioner-tenant to the effect that nature of business sought to be set up by respondents was required to be disclosed by them in their eviction petition so as to test their genuine need and the suitability qua the demised premises is also devoid of merits - Genuineness and need of the respondents to start new venture has been duly established in the facts and circumstances of the present case wherein t
India Law Library Docid # 2400070

(10) RAJAT YADAV AND OTHERS Vs. RAJASTHAN HIGH COURT AND OTHERS [RAJASTHAN HIGH COURT (JAIPUR BENCH)] 18-09-2023
The issue which arises for consideration in this batch of writ petitions is whether candidates belonging to reserve category (vertical reservation), who at the first stage of selection of written examination, have obtained marks higher than the cut-off marks arrived at for General category candidates are entitled under the law, to be included in the General/Open category list for the purpose of being short listed and called for next stage of selection, i.e., Efficiency Test/Typing Test.
India Law Library Docid # 2400025

(11) PARAMJIT SINGH AND PAMMA Vs. STATE OF HIMACHAL PRADESH AND OTHERS [HIMACHAL PRADESH HIGH COURT] 16-09-2023
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 15 and 29 - Huge quantity of poppy being transported in truck - Seal not proved on record Testimonies of the witnesses not reliable - FIR in the instant case was not registered after effecting the recovery, rather was lodged simply on the basis of a secrete information, which in itself casts serious doubt regarding the prosecution case because Section 154 of the Cr.P.C. only visualises the situation where a Police Officer rec
India Law Library Docid # 2400019

(12) MRS.PRIYANKA RAHUL PATIL - APPLICANT Vs. RAHUL RAVINDRA PATIL -RESPONDENT[BOMBAY HIGH COURT] 15-09-2023
Civil Procedure Code, 1908 (CPC) - Section 24 - Transfer of Divorce proceedings - Family Court at Nashik to the Civil Judge Senior Division, Jaysingpur - Appeal by wife suffering from diabetes - Diabetes may not be a serious condition, but the requirement of taking insulin and having a companion to travel is necessary, in as much as in a diabetic condition, a person can become hypoglycemic any time and if there is no companion to take care, it could lead to a fatal situation
India Law Library Docid # 2400015

(13) SANJIDA Vs. KABIRUDEEN AND ANOTHER [HIMACHAL PRADESH HIGH COURT] 15-09-2023
Criminal Procedure Code, 1973 (CrPC) - Section 378 - Penal Code, 1860 (IPC) - Sections 376, 354-A and 506 - Appeal against acquittal - Medical evidence does not support the claim of the complainant - Story put-forth by the complainant is absolutely improbable - While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly when evidence on record has been analyz
India Law Library Docid # 2400020

(14) GURMAIL SINGH Vs. DAVINDER SINGH AND ANOTHER [PUNJAB AND HARYANA HIGH COURT] 15-09-2023
Penal Code, 1860 (IPC) - Sections 367, 386, 291, 506 and 323 - Arms Act, 1959 - Section 25 - Kidnapping - Appeal against acquittal - If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court - No material witnesses have been examined by the prosecution like the person, who was present in the parking at the time when Appellant was allegedly kidnapped, though it was day time - Order
India Law Library Docid # 2400044

(15) TULSI RAM MISHRA Vs. STATE OF PUNJAB AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 15-09-2023
Prevention of Corruption Act, 1988 - Sections 7 and 13(2) - Discharge of public servant for want of sanction - In the event of discharge of a public servant for want of sanction or illegality of sanction, the matter ought not be closed but revived on the grant of sanction by the competent authority - Prosecution in absence of sanction would be vitiated - Public servant may take objections with regard to validity or absence of a valid sanction at cognizance stage but after the commencement of the
India Law Library Docid # 2400043

(16) COURT ON ITS OWN MOTION Vs. STATE OF PUNJAB [PUNJAB AND HARYANA HIGH COURT] 15-09-2023
Commit suicide in de-addiction centre - It was the duty of the State as he was in their custody to ensure that even if he had suicidal tendencies, sufficient care should have been extended towards him and an extra watch should have been kept so that he would not have been successful in his attempts - A compensation of Rs. 5 lakh was given to the family of a young individual who took their own life while in a de-addiction center.
India Law Library Docid # 2400042

(17) TRIVEDI KALIDAS UMIYASHANKAR Vs. LR OF DECD THAKOR FAKIRJI MAFAJI [GUJARAT HIGH COURT] 15-09-2023
A. Civil Procedure Code, 1908 (CPC) - Section 100 - Second appeal - While considering the decision of the Appellate Court as per provisions of section 100 of the Code, no further appreciation of oral and documentary evidence can be made in second appeal and only substantial questions of law can be considered.

B. Execution of sale deed - Mere oral assertion of fraud and cheating in absence of any further corroborative evidence cannot be considered by shifting the burden of proof upon the defend
India Law Library Docid # 2400048

(18) CHILD IN CONFLICT WITH LAW THROUGH GUARDIAN Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 15-09-2023
Penal Code, 1860 (IPC) - Sections 452, 394, 395, 397, 120B read with section 114 - Arms Act, 1959 - Section 25(1) - Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 15 and 102 - Dacoity - Juvenile’s trial as an adult - Section 15 of the J.J. Act clarifies that the preliminary assessment is not a trial. This is an exercise to assess the child’s capacity to commit and understand the consequences of the alleged crime. The Board, thus, has to be very careful while making a pre
India Law Library Docid # 2400049

(19) RAMPAL Vs. STATE OF HARYANA [PUNJAB AND HARYANA HIGH COURT] 15-09-2023
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Penal Code, 1860 (IPC) - Sections 107, 120-B, 121, 121-A, 122, 123, 124, 125, 147, 148, 149, 186, 307, 332, 353, 383, 435, 188, 326-A and 436 - Arms Act, 1959 - Sections 25, 54 and 59 - Prevention of Damage to Public Property Act, 1984 - Section 3 - Grant of regular bail - There were 5 people who had died in the incident, out of which, 4 were females and one minor child and damage was caused to the property - 11 persons had received fire arm i
India Law Library Docid # 2400064

(20) YOGESH LAMBA AND OTHERS Vs. STATE OF HARYANA AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 15-09-2023
Service Law - Disciplinary proceedings - Stay of - Where the case is based on documentary evidence, there is no question of any disclosure of defence regarding the same in the departmental proceedings and that the cases registered under the Prevention of Corruption Act, 1988 are to be proved by the prosecution during the course of trial and thus, there is no justification for staying the disciplinary proceedings.
India Law Library Docid # 2400068