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(121) STATE/CENTRAL BUREAU OF INVESTIGATION Vs. BHUSHAN LAL OGRA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Criminal Procedure Code (Cr.P.C.), 1973 — Section 311 — Power to summon material witness — Rejection of application to recall witness to prove G.E.Q.D. opinion — Prosecution witness (G.E.Q.D.) expired, replacement witness summoned — Replacement witness appeared but could not be examined due to inability to locate document/record — Trial court closed evidence and dismissed application for recalling witness citing delay and attempt to fill lacunae — High Court finds witness essential to prove alle
India Law Library Docid # 2425854

(122) 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

(123) 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

(124) 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

(125) 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

(126) 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

(127) 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

(128) 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

(129) 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

(130) 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

(131) 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

(132) 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

(133) 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

(134) 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

(135) 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

(136) RAJU Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 01-05-2025
Penal Code, 1860 — Sections 306 & 107 — Abetment of Suicide — Essential Ingredients — Proof Required — Mens Rea & Proximate Link — To establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused committed a positive act of instigation or intentionally aided the commission of suicide, as defined under Section 107 IPC — This requires demonstrating a clear mens rea (intention) to drive the deceased to suicide — Mere allegati
India Law Library Docid # 2425467

(137) ROOP SINGH ALAWA Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 01-05-2025
Judicial Discipline — Grant of Bail by Sessions Judge Despite High Court Rejection — Error of Judgment vs. Misconduct — Granting bail by a Sessions Judge to an accused whose successive bail applications were previously rejected or withdrawn before the High Court may constitute an error of judgment, especially if there was an earlier High Court order granting liberty to the trial court to consider bail after a certain period — If the Enquiry Officer finds no corrupt motive or extraneous considera
India Law Library Docid # 2425577

(138) SONAL SAXENA Vs. RITESH SAXNEA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting Aside Ex-parte Decree — Grounds — Second Proviso Applicability — An application under Order 9 Rule 13 CPC for setting aside an ex-parte decree can be filed on two grounds — (i) summons not duly served, or (ii) defendant was prevented by sufficient cause from appearing — The second proviso to Order 9 Rule 13 (barring setting aside merely for irregularity in service if defendant had notice and sufficient time) applies only to the first ground
India Law Library Docid # 2425578

(139) ZILE SINGH Vs. RAJWANTI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Section 151 & Limitation Act, 1963 — Section 5 — Condonation of delay in refiling appeal — Delay of 800 days — Application for condonation dismissed as reasons cited (clerk inadvertently placed brief among decided cases, counsel overlooked due to work pressure) were vague, general, and did not constitute sufficient cause for extraordinary and inordinate delay — Established law that delay of each day must be explained.
India Law Library Docid # 2425616

(140) SMT. REETA AND OTHERS Vs. MALA RAM AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim petition for death — Enhancement of compensation — Conventional Heads — Where Tribunal awarded Rs.30,21,760/- as total compensation, including Rs.74,000/- under conventional heads (loss of estate, love and affection, funeral expenses), and claimants sought enhancement only under conventional heads, relying on Supreme Court judgments in Shri Ram General Insurance ( Rs. 77,000/- max) and other cases allowing up to 5% variation, held, appeal dismissed
India Law Library Docid # 2425617