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(941) JORA SINGH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Basis for Summoning — The power to summon additional accused under Section 319 Cr.P.C. must be exercised judiciously based on evidence recorded during the trial that indicates a strong likelihood of the proposed accused having committed the offence. (Para 17)

B. Criminal Procedure Code, 1973 — Section 319 — Consideration of Evidence — Before summoning additional accused, the trial court is obliged to consider and discuss the complete relevant mat
India Law Library Docid # 2425020

(942) GIAN CHAND GARG Vs. HARPAL SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Negotiable Instruments Act, 1881 — Sections 118 & 139 — Presumption of Consideration and Debt — Once the signature on a cheque is admitted or proved, the court shall presume, unless the contrary is proved, that the cheque was made for consideration and received by the holder for the discharge of a legally enforceable debt or liability — The burden to rebut these presumptions shifts to the accused
India Law Library Docid # 2425021

(943) OM PARKASH AND OTHERS Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 319 — Standard for Summoning — The power to summon additional accused under Section 319 Cr.P.C. is discretionary and extraordinary, to be used sparingly only when strong and cogent evidence emerges during trial indicating a degree of complicity greater than required for framing charge, though short of that needed for conviction.
India Law Library Docid # 2425022

(944) NOOR MOHAMMED @ SHAHBAZ @ SIKENDER AND OTHERS Vs. STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 27-03-2025
Penal Code, 1860 — Sections 120B, 364A, 342 — Criminal Conspiracy — Kidnapping for Ransom — Wrongful Confinement — Proof — A charge of criminal conspiracy (Section 120B) to commit offences like kidnapping for ransom (Section 364A) and wrongful confinement (Section 342) can be established by proving the hatching of the conspiracy and acts done in furtherance thereof through consistent testimonies of witnesses (including accomplices/approvers, if corroborated), seizure evidence, identification evi
India Law Library Docid # 2425210

(945) SAIKAT DAS Vs. THE STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Maintenance — Wife Living Separately without Sufficient Reason — A wife who chooses to live separately from her husband without sufficient reason is disentitled to maintenance under Section 125(4) CrPC — Where the wife leaves the matrimonial home and fails to establish valid grounds like cruelty or desertion by the husband, especially when her parallel case under the Protection of Women from Domestic Violence Act, 2005 alleging torture was
India Law Library Docid # 2425253

(946) KANTI DEVI Vs. STATE OF UP AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 27-03-2025
U.P. Land Revenue Code, 2006 — Section 80 — Declaration of land use for non-agricultural purposes — Powers and functions of Sub-Divisional Officer (SDO) — SDO can grant or reject application for declaration after enquiry — Scope of SDO’s power limited by statutory provisions — SDO cannot impose conditions not envisaged or authorized by Section 80 or relevant rules (U.P. Revenue Code Rules, 2016 — Rule 85-87).
India Law Library Docid # 2425295

(947) TAUFIK AHMAD Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 27-03-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent Powers of High Court — Scope — Power to quash criminal proceedings to prevent abuse of process or secure ends of justice — Power distinct from power to compound offences under Section 320 CrPC — Applicable even to non-compoundable offences, but to be exercised sparingly, with caution, considering nature and gravity of offence
India Law Library Docid # 2425296

(948) CHANDAN SINGH @ CHANDRA PAL SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION, SITAPUR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 27-03-2025
U.P. Consolidation of Holdings Act, 1953 — Sections 4, 9A(2), 49 — Effect of notification under Section 4 — Commencement of consolidation operations — Adjudication of title disputes by consolidation authorities — Bar on jurisdiction of civil/revenue courts — Abatement of pending suits/proceedings relating to land under consolidation affecting rights or title.
India Law Library Docid # 2425297

(949) AKSHAY JANDYAL AND ANOTHER Vs. UMA KAPAHI[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 27-03-2025
Constitution of India, 1950 — Articles 226 & 227 — Judicial review of judicial orders — Maintainability — Writ petition under Article 226 challenging judicial order of Sessions Judge held not maintainable — Challenge to judicial orders of civil/criminal courts lies by way of appeal, revision, or under Article 227 — Petition purportedly filed under Article 226 could be treated as one under Article 227 if the Bench has the assigned roster
India Law Library Docid # 2425785

(950) STATE OF JAMMU AND KASHMIR Vs. MIR HUSSAIN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 27-03-2025
Criminal Procedure Code, 1973 — Section 174 — Proceedings under — Investigation — Dead bodies found under suspicious circumstances prompting such proceedings and subsequent entrustment of investigation to a Sub Inspector.
India Law Library Docid # 2425786

(951) ALI HUSSAIN @ DUKHIYA Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 27-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(C) — Conviction and Sentence — Appeal against — NDPS Case — Trial — Sufficiency of Evidence — Secret information received regarding appellant involved in illicit arms, disclosure during interrogation about involvement in drug dealing, subsequent search of house led to
India Law Library Docid # 2426273

(952) DHANANJOY RAY @ DHANO RAY Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 27-03-2025
. Penal Code, 1860 — Section 326 — Voluntarily causing grievous hurt by dangerous weapons or means — Section 457 — Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment — Proof — Ocular evidence of injured witnesses — Evidentiary value — Relationship between injured witnesses and victim/accused — Effect — Appellant convicted under Sections 326/457 IPC — Prosecution case based on appellant forcefully entering victim’s house at night and assaulti
India Law Library Docid # 2426274

(953) DQS CERTIFICATION INDIA PVT.LTD. Vs. ISACA INC. AND OTHERS[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rules 10 and 11 read with S. 151 — Rejection/Return of Plaint — Application by Defendant No.1 — Instant application filed by defendant No.1 seeking rejection/return of plaint instituted by Indian plaintiff, citing lack of territorial jurisdiction of the High Court of Delhi based on an exclusive jurisdiction clause within the governing License Agreement favouring foreign courts and principles of forum non conveniens.
India Law Library Docid # 2423963

(954) SHASMITH TECHNOLOGIES PRIVATE LIMITED Vs. MAX HEALTHCARE INSTITUTE LIMITED[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Commercial Courts Act, 2015 — Section 12A — Rejection of Plaint — Pre-institution Mediation — Petition challenges Trial Court's order dismissing defendant/petitioner's application under Order 7 Rule 11 CPC seeking rejection of a commercial suit on the ground of non-compliance with mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015
India Law Library Docid # 2423964

(955) M/S DEWAN CHAND Vs. THE CHAIRMAN CUM MANAGING DIRECTOR AND ANOTHER[DELHI HIGH COURT] 26-03-2025
Arbitration — Appointment of Arbitrator — Procedural History — Successive Petitions — Withdrawal of Prior Petitions — The present petition represents the petitioner's third attempt to seek appointment of an arbitrator under Section 11 — The first petition was dismissed as withdrawn with liberty granted to file afresh— The second petition was subsequently filed and later dismissed as withdrawn unconditionally, without any liberty being granted to file afresh.
India Law Library Docid # 2423965

(956) PARMESHWAR KUMAR BAGGA Vs. AVINASH BAGGA[DELHI HIGH COURT] 26-03-2025
Civil Procedure Code, 1908 (CPC) — Section 151, Section 144 — Consent Decree — Application for Setting Aside — Challenge to Dismissal — Petition filed under Article 227 challenging Trial Court's order dated 20.09.2022, which dismissed petitioner/plaintiff's application seeking setting aside of a consent decree passed on 01.07.2022 in a suit for possession and mesne profits against his brother.
India Law Library Docid # 2423966

(957) VINOD RAGHUVANSHI Vs. AJAY ARORA[MADHYA PRADESH HIGH COURT] 26-03-2025
Criminal Procedure Code, 1973 — Section 391 — Additional Evidence in Appeal — Scope and Limitations — The power vested in the appellate court under Section 391 Cr.P.C. to take additional evidence is discretionary and must be exercised sparingly — It is primarily intended for situations where the party seeking to adduce evidence was prevented from doing so during the trial despite due diligence, or where new facts necessitating such evidence came to light later — The core objective is to ensure j
India Law Library Docid # 2424137

(958) SENIOR GENERAL MANAGER (CELLULAR) THROUGH ITS AUTHORIZED OFFICER MR. MRUGESHKUMAR JAYANTILAL SHAH AND OTHERS Vs. RAJAT SINGH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025
Service Law — Disciplinary Proceedings — Unauthorized Absence — Wilfulness — While unauthorized absence from duty does not always equate to wilful absence, especially if caused by compelling circumstances beyond the employee's control, the principle requiring the disciplinary authority to establish wilfulness (Krushna Kant B Parmar) is not an absolute rule — In cases of prolonged unauthorized absence, particularly where leave applications were rejected or not sanctioned, and the employee fails t
India Law Library Docid # 2424138

(959) GOPAL KRISHNA Vs. ANANDPALSINGH S/O GYANPALSINGH DECEASED THROUGH LRS DEEPAK SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 26-03-2025
Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale — Interpretation of Document — A document titled "Shartiya Frokhtnama" containing an explicit condition for reconveyance upon repayment of the consideration amount within a specified period (five years) constitutes a mortgage by conditional sale under S. 58(c), not an outright sale — The interpretation considers the specific terms embedded within the document itself, the legal maxim "once a
India Law Library Docid # 2424139

(960) KEWAL SINGH KANG AND OTHERS Vs. UNION OF INDIA[RAJASTHAN HIGH COURT] 26-03-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Sufficient Cause — Liberal Approach vs. Negligence & Lack of Bona Fides — While Section 5 of the Limitation Act empowers courts to condone delay upon demonstration of “sufficient cause” and generally calls for a liberal, justice-oriented approach, this discretion cannot be exercised arbitrarily or to revive stale claims where negligence, inaction, or lack of bona fides is apparent — The acceptability of the explanation, not merely the len
India Law Library Docid # 2424173