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(41) ANIL KUJUR AND OTHERS Vs. STATE OF ODISHA [ORISSA HIGH COURT] 08-09-2023
Penal Code, 1860 (IPC) - Section 302 - Murder - Acquittal - Failed to prove specific motive to commit murder of the deceased - Recovery of the wearing apparels of the deceased as well as the stones cannot be a factor which would be sufficient to establish the guilt - A statement recorded under section 161 Cr.P.C. is not a substantive piece of evidence - In view of the proviso to sub-section (1) of section 162 Cr.P.C., the statement can be used only for limited purpose of contradicting the maker
India Law Library Docid # 2400037

(42) NARENDRABHAI DHIRAJLAL KACHA Vs. STATE OF GUJARAT [GUJARAT HIGH COURT] 08-09-2023
Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 25-A and 29 - Illegal consignment of Ephedrine from factory - Conviction and sentence - Appeal against - Conclusion cannot be drawn that accused are falsely implicated in the alleged offence, merely on the ground that the independent witnesses have not been examined - It clearly transpires that the Trial Court has not committed any error of fact and law in appreciating the evidence on record and in convicting the accused fro
India Law Library Docid # 2400047

(43) RAVI @ CHOTU AND OTHERS - APPLICANT Vs. STATE OF MAH., THR.PSO PACHPAOLI POLICE STATION, NAGPUR - RESPONDENT[BOMBAY HIGH COURT (NAGPUR BENCH)] 07-09-2023
Criminal Procedure Code, 1973 (CrPC) - Section 439 - Section 439 - Penal Code, 1860 - Sections 120-B, 121, 143, 144, 147, 148, 149, 201, 302, 364 and 365 - Maharashtra Control of Organised Crime Act, 1999 - Sections 3(1)(i)(ii), 3(2), 3(3), 3(4), 3(5) and 4 - Arms Act, 1959 - Sections 3, 4 add 25 - Maharashtra Police Act, 1951 - Section 135 - Regular bail - Grant of - Members of organized crime syndicate - Sub-section (4) of Section 21 of the MCOC Act mandates that it is incumbent on the part o
India Law Library Docid # 2400017

(44) PALLAVI G.M. Vs. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION COMPANY LIMITED AND OTHERS [KARNATAKA HIGH COURT] 07-09-2023
Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 - Rule 2(1)(b) - Claim for appointment on compassionate grounds - A sister of the deceased employee is not entitled to any compassionate appointment - Rule 2(1)(b) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 as amended on 31.5.2021 defines 'family' as under: "family" for the purpose of these rules,- (i) in the case of the deceased male married Government Servant, his widow, son and daug
India Law Library Docid # 2400021

(45) NAGESHWAR Vs. THE STATE OF MADHYA PRADESH [MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-09-2023
Criminal Procedure Code, 1973 (CrPC) - Section 374 - Penal Code, 1860 (IPC) - Sections 354 and 506 - Protection of Children from Sexual Offences Act, 2012 - Section 7 and 8 - Sexual Assault - Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions - Virtually, the testimony of prosecutrix should be regarded as an injured witness of the case and it is well settled that criminal jurisprudence attaches great weightage to the evidence of a per
India Law Library Docid # 2400000

(46) CHANDEEP SINGH @ GABBAR SINGH Vs. NATIONAL INVESTIGATION AGENCY [PUNJAB AND HARYANA HIGH COURT] 06-09-2023
Penal Code, 1860 (IPC) - Sections 304, 153-A and 120-B - Unlawful Activities (Prevention) Act, 1967 - Sections 13, 18, 18A, 18B, 20 and 23 - Explosive Substance Act, 1908 - Sections 3, 4 and 5 - Bail - Member of terrorist gang - Merely because a charge had been framed would not be a ground to deny the benefit of bail - It was also the bounden duty of the Trial Court to examine the role of the appellant by meticulously perusing the challan and keeping in mind the restrictions imposed under the pr
India Law Library Docid # 2400006

(47) SUBHASH Vs. STATE OF HARYANA AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 06-09-2023
Penal Code, 1860 (IPC) - Sections 460 and 411 - Premature Release - Petitioner was undergoing a life sentence for offence under Sections, 460 and 411 IPC - There is no indefeasible right of such prisoner to be unconditionally released on the expiry of any particular term including remissions - State Government has framed premature release policies from time to time for consideration of cases of life convict for the premature release. However, it is only a concession given by the State Government
India Law Library Docid # 2400008

(48) THE NEW INDIA ASSURANCE CO. LTD. Vs. CHANDRAKANT GOKALBHAI PATEL [GUJARAT HIGH COURT] 06-09-2023
Service Law - Settlement claims in Lok Adalat - Error of judgment not misconduct - No ill motive could be attached to the action of the petitioner in signing the compromise pursis leading to the settlement of claims in Lok Adalat - 'Misconduct’ implies wrongful intention and not mere error of judgment - It may be a case of error of judgment or act of negligence on the part of the petitioner in discharging his duty, but that itself would not constitute misconduct, as it has not been shown or esta
India Law Library Docid # 2400023

(49) THE KOLKATA MUNICIPAL CORPORATION AND OTHERS Vs. DR. PRADIP KUMAR RAY CHAUDHURY AND OTHERS [CALCUTTA HIGH COURT] 06-09-2023
Kolkata Municipal Corporation Act, 1980 - Sections 19 and 24 - Seniority - Under Section 19 substantive appointment can only be made in ‘A’ Category post on the recommendation of Municipal Service Commission whereas under first proviso to Regulation 4 for regularization of service consultation with the Commission is required; since it has already been found that based on the recommendation letter dated 29th/30th January, 1988 of the Commission writ petitioner was appointed the service rendered p
India Law Library Docid # 2400034

(50) ROHAN BUILDERS (INDIA) PVT. LTD. AND OTHERS Vs. BERGER PAINTS INDIA LIMITED [CALCUTTA HIGH COURT] 06-09-2023
Arbitration and Conciliation Act, 1996 - Sections 29-A and 29-A(4) - Mandate of arbitral tribunal - Extension of - Whether the Court can extend the mandate of the arbitrators under section 29-A(4) of The Arbitration and Conciliation Act, 1996 after the mandates have terminated - Held, Section 29-A of The Arbitration and Conciliation Act, 1996 contemplates making of the award within the prescribed statutory timelines - Timelines are to be read as mandatory limits where the arbitrator and the part
India Law Library Docid # 2400030

(51) ASHOK KUMAR GARG Vs. UNION OF INDIA AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 06-09-2023
National Highways Act, 1956 - Section 3G(5) - Acquisition of land - Enhancement of compensation - Alternative remedy, thus for enhancement of compensation being made, or for no compensation being determined with respect to those properties, which also became acquired by the authority concerned, thereby for any deficit or under assessed compensation or for no compensation being determined qua the apposite acquired properties, thus does not become a valid ground to impugn the extantly launched ac
India Law Library Docid # 2400071

(52) ZILE SINGH Vs. JOGINDER SINGH AND OTHERS [PUNJAB AND HARYANA HIGH COURT] 04-09-2023
Penal Code, 1860 (IPC) - Section 195 - Giving of false evidence - Merely because the petitioner-complainant was acquitted would not by itself be a ground to hold that false evidence had been given during the course of proceedings of that case - If such a presumption was to be drawn, then, every case of acquittal in a criminal case would result in a subsequent prosecution of the complainant-party at the instance of a private individual - A perusal of Section 195 Cr.P.C. would show that where fals
India Law Library Docid # 2400007

(53) ASEEM WATTS AND OTHERS Vs. UNION OF INDIA AND OTHERS [RAJASTHAN HIGH COURT] 02-09-2023
Arbitral Jurisdiction - Where a place is designated merely as a ‘venue’ and courts of another place have been granted the exclusive jurisdiction, the latter is a clear ‘contrary indicia’ - It can be inferred from a comprehensive reading of such clauses, that the ‘venue’ is a convenient place of arbitration and not the seat.
India Law Library Docid # 2400005

(54) MOHAMMAD RAFIQ MIR AND OTHERS Vs. MOHAMAD BHAT AND OTHERS [JAMMU & KASHMIR AND LADAKH HIGH COURT] 01-09-2023
Civil Procedure Code, 1908 (CPC) - Order 6 Rule 17 - Amendment of Plaint - Trial court has allowed the application on the ground that the amendment, if allowed, the same will not change the nature of the case and consequently the intervening circumstances has prompted the plaintiff to seek amendment - Court cannot give its final verdict in the present petition about the proceedings which are required to be taken out in the suit by the trial court as the various factors are required to be determi
India Law Library Docid # 2400010

(55) RESHAB KUMAR Vs. THE STATE OF SIKKIM AND OTHERS [SIKKIM HIGH COURT] 01-09-2023
Constitution of India, 1950 - Article 226 - Question of title to land when disputed cannot be satisfactorily gone into or adjudicated upon in a writ petition - Dispute between private parties relating to property rights involving questions of facts ought not to be entertained by way of a writ petition and the alternative remedy by way of suit in civil court ought to be followed - Writ petition dismissed.
India Law Library Docid # 2400029

(56) DILBAG SINGH Vs. VIPAN KUMAR AND OTHERS [HIMACHAL PRADESH HIGH COURT] 29-08-2023
Motor Vehicles Act, 1988 - Section 173 and 163-A – Death of Household Women a in Motor Accident - Enhancement of Compensation - Women are doing multifarious activities in the household - Gratuitous services rendered by women cannot be equated with money - Amount of compensation, awarded by the learned Tribunal is enhanced to Rs. 3,21,500/- from Rs. 15,000/-, alongwith interest @ 6 % per annum, from the date of filing the petition, till realization of the entire amount.
India Law Library Docid # 2400012

(57) VASANTHI Vs. THE SECRETARY TO GOVERNMENT AND OTHERS [MADRAS HIGH COURT] 29-08-2023
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slumgrabbers and Video Pirates Act, 1982 - Section 8(1) - Preventive Detention - Five-day period for communicating the grounds of arrest to a detenu - Section 8(1) of Act 14 of 1982 itself makes it clear that it is not just a question of five days but it is 'as soon as may be' - This means that statutorily five
India Law Library Docid # 2400024

(58) NIKHIL SHARMA Vs. STATE OF J&K AND OTHERS [JAMMU & KASHMIR AND LADAKH HIGH COURT] 23-08-2023
Ranbir Penal Code, 1989 - Sections 363 and 376 - Rape with mentally unsound minor girl - Testimony of father of prosecutrix - In absence of the statement of the prosecutrix, who because of any disability is not in position to depose in proper manner, the accused still can be convicted for commission of offence of rape - It was father of prosecutrix who lodged FIR regarding commission of offence of rape by the appellant. Not only the victim of the sexual assault but also her family bears the ment
India Law Library Docid # 2400011

(59) ASHOK @ MULLA RAM Vs. STATE OF RAJASTHAN, THROUGH PP [RAJASTHAN HIGH COURT] 19-08-2023
Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS) - Section 8, 21 and 42 - Bail - Offence under NDPS - Arrest or search - NDPS Act is a statute comprising of stringent provisions which need to be followed in letter and in spirit and noncompliance of any stipulations specially the ones relating to the procedure followed during search, seizure and arrest, cannot be overlooked - As per Section 42, only officers mentioned therein and so empowered can make the arrest or search as provided if
India Law Library Docid # 2400013

(60) JITENDRA KUMAR JAIN Vs. STATE OF RAJASTHAN THROUGH SECRETARY TO GOVT. DEPARTMENT OF LOCAL BODIES AND OTHERS [RAJASTHAN HIGH COURT (JAIPUR BENCH)] 19-08-2023
Rajasthan Civil Services (Pension) Rules, 1996 - Chapter - VI - Pension - Unnecessary delay in retiral claims - Looking to the lethargic and unwarranted attitude of the erring officials of all the Departments of the respondent State, this Court deems it just and proper to issue a general mandamus to all the Departments of the State to strictly comply with all the mandatory provisions contained under Chapter VI of the Rules of 1996 within the stipulated time and not to cause unnecessary delays an
India Law Library Docid # 2400014