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(161) DEVPRATAP Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 30-04-2025
Penal Code, 1860 — Section 307 — Attempt to murder — Conviction upheld — Appellant assaulted wife with iron sickle, ousting her right eyeball from the orbit of eye — Injury on vital part of body (eye) — Severity of injury confirmed by medical evidence (MLC reports, CT Scan, Sonography) — Absence of essential ingredient for conviction is not necessary; nature of injury, manner of assault, and weapon used are factors — Intention or knowledge to cause death are essential ingredients — Intention inf
India Law Library Docid # 2425662

(162) SUCHET SINGH AND OTHERS Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 30-04-2025
Criminal Procedure Code, 1989 — Section 482 — Inherent powers of High Court — Scope — Quashing of FIR — Prevention of abuse of process — Securing ends of justice — High Court’s inherent power is wide but must be exercised to effect orders under the Code, secure ends of justice, or prevent abuse of process — Evaluation required to justify exercising inherent powers to quash criminal proceedings.
India Law Library Docid # 2425846

(163) NOOR FATIMA Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 30-04-2025
Constitution of India — Article 226 — Writ Jurisdiction — Exercise of — Discretionary and extraordinary power — Prerequisites for — Party must approach with clean hands and make full and fair disclosure of all material facts — Suppression or concealment of material facts warrants dismissal at the threshold.
India Law Library Docid # 2425847

(164) RAJ KUMAR AND OTHERS Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025
Civil Procedure Code, 1908 — Order 39, Rules 1 & 2 — Interim Injunction — Non-extension in Subsequent Orders — Effect — Where an interim injunction has been granted, its efficacy is not ceased merely by the absence of an explicit extension in subsequent orders — The order remains in force until discharged, vacated, or modified
India Law Library Docid # 2425886

(165) DHARMINDER SINGH AND ANOTHER Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025
Penal Code, 1860 — Section 420 — Cheating and dishonestly inducing delivery of property — Essential ingredients — Fraudulent or dishonest inducement to deliver property or consent to retain property, or intentional inducement to do or omit to do an act which causes or is likely to cause damage to the deceived person’s body, mind, reputation, or property — Intention to
India Law Library Docid # 2425889

(166) ORIENTAL INSURANCE COMPANY LTD. AND OTHERS Vs. SH. SHERU @ SHER SINGH @ SUKHRAJ AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Injury and Disablement — Accident involving goods carriage vehicle — Claimant a porter/labourer traveling with owner of goods — Suffered injuries and 45% resultant disablement — Claim under Section 166 for compensation.
India Law Library Docid # 2425934

(167) JUSO @ JUSAB ALLARAKHABHAI IBRAHIMBHAI SINDHI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-04-2025
Penal Code, 1860 — Section 302 — Murder — Conviction challenged on ground that medical evidence does not establish injuries were sufficient to cause death in ordinary course of nature — Alleged intention to inflict fatal injury debated — Accused, sought for arrest in previous robbery cases, resisted apprehension by police team — Accused stabbed police constable attempting to apprehend him — Medical report indicates injuries on wrist and
India Law Library Docid # 2426024

(168) SHAKTISINH KUMARPALSINH ZALA Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 30-04-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR and Criminal Proceedings — Maintainability of Petition — Alternative Remedy — Petitioner withdrew earlier quashing petition with liberty to file discharge application and subsequent proceedings under Section 397 or 482 — Discharge application rejected — Petitioner filed fresh Section 482 petition without filing revision under Section 397 —
India Law Library Docid # 2426025

(169) BRAHMKSHATRIYA BHAGVATIBEN KHETSINHBHAI Vs. NIMUBEN JAYANTIBHAI BAMBHANIYA AND OTHERS[GUJARAT HIGH COURT] 30-04-2025
Representation of the People Act, 1951 — Sections 80, 81, 100(1)(d)(iv) — Election Petition — Challenging General Election — Ground of defective nomination affidavit filed in vernacular language instead of English — Article 84(a) of Constitution of India — Validity of nomination papers — Objections raised before District Election Officer regarding affidavit format, missing information, non-payment certificates, notary issues, and language
India Law Library Docid # 2426026

(170) DHULABHAI BAPUDAS AND NARMADABEN DHULABHAI LHS LATE VIMLABEN D/O DHULABHAI W/OBECHARDAS THROUGH LHS AND OTHERS Vs. KESHAVLAL MOHANLAL LHS OF LATE CHUNIBHAI KESHAVLAL AND OTHERS[GUJARAT HIGH COURT] 30-04-2025
Constitution of India, 1950 — Article 227 — High Court’s power of superintendence — Scope of interference — Limited jurisdiction to correct grave dereliction of duty, flagrant abuse, or violation of fundamental principles of law or justice — Not an appellate jurisdiction to re-appreciate or re-weigh evidence or facts — Interference appropriate only for patent errors of law or fact resulting in grave injustice, or when a subordinate court acts without, in excess of, or refuses to exercise vested
India Law Library Docid # 2426027

(171) SANTOSH KUMAR Vs. ASSISTANT SECRETARY/ DEPUTY SECRETARY/ SECRETARY, INSURANCE OMBUDSMAN, LUCKNOW AND OTHERS[ALLAHABAD HIGH COURT] 29-04-2025
Insurance Act, 1938 — Section 45 — Repudiation of Policy — An insurer can repudiate a life insurance policy within three years from its inception/revival/rider date on grounds of fraud or material misstatement/suppression — After three years, repudiation is permissible only on the ground of fraud, the burden of proving which lies heavily on the insurer.
India Law Library Docid # 2425303

(172) INDRA AND OTHERS Vs. JAGDISH CHANDRA AND OTHERS[RAJASTHAN HIGH COURT] 29-04-2025
Motor Vehicles Act, 1988 — Section 166 & 168 — Compensation — Death of Student (MBBS) — Assessment of Notional Income — Future Prospects — When assessing compensation for the death of a young, meritorious student pursuing a professional course like MBBS, Tribunals must adopt a realistic, holistic, and just approach, moving beyond rigid arithmetical calculations or minimum wage standards — The assessment should factor in the deceased’s high academic achievements (like clearing competitive exams l
India Law Library Docid # 2425423

(173) SATPAL SINGH Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT] 29-04-2025
Border Security Force Act, 1968 — Section 11(2) — Border Security Force Rules, 1969 — Rules 17, 22 & 177 — Dismissal vs. Termination — Interpretation of Rule 22 — Show Cause Notice — A critical distinction exists between ‘termination of service’ (a broader, potentially non-punitive cessation) and ‘dismissal from service’ (a punitive penalty for misconduct barring future government employment and pension) — Rule 22(1) of the BSF Rules, 1969, explicitly provides for issuing a show cause notice whe
India Law Library Docid # 2425424

(174) GIRIRAJ PRASAD SHARMA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 29-04-2025
Service Law — Regularization of Services — Irregular vs. Illegal Appointments — Interpretation of Uma Devi Judgment — Legitimate Expectation — Articles 14 & 21, Constitution of India — Employees who have rendered long and continuous service (10-30 years) on various posts, whose initial appointments were irregular but not illegal (including ad-hoc, part-time, or without formal appointment letters, but against sanctioned posts), and who completed ten years of service on or before 08.07.2009 (the d
India Law Library Docid # 2425464

(175) AMIT Vs. SHRI GANESH RAJ BANSAL AND OTHERS[RAJASTHAN HIGH COURT] 29-04-2025
Representation of the People Act, 1951 — Sections 81, 83, 87 & 100 — Civil Procedure Code, 1908 — Order VII Rule 11 — Election Petition — Rejection at Threshold — Requirement of Material Facts and Cause of Action — An Election Petition, being a statutory right and governed by the self-contained code of the RP Act, must strictly comply with Sections 81 and 83 thereof — It must contain a concise statement of all material facts on which the petitioner relies to establish the grounds under Section 1
India Law Library Docid # 2425465

(176) STATE OF RAJASTHAN AND OTHERS Vs. BHIYA RAM VISHNOI[RAJASTHAN HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 — Order 42 Rule 1 — Review — Error Apparent on the Face of Record — Misapplication of Precedent — A review petition is maintainable when there is an error apparent on the face of the record, such as the erroneous application of a legal precedent by the Court (both Single Judge and Division Bench) to the facts of the case, where the facts of the case under consideration are clearly distinguishable from the facts of the case laying down the precedent — Wrongful reliance
India Law Library Docid # 2425466

(177) MANJEET DEORA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025
Administrative Law — Legitimate Expectation — Scholarship Schemes — Conditions for Invoking Doctrine — The doctrine of legitimate expectation arises when a representation or promise is made by an administrative authority, either expressly or impliedly, or if a regular and consistent past practice gives room for such expectation — For a petitioner to successfully claim legitimate expectation regarding a scholarship, there must be a clear promise or representation by the authorities that was not s
India Law Library Docid # 2425480

(178) MAMAN SINGH Vs. ROHITASH SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025
Rajasthan Tenancy Act, 1955 — Section 251(A) — Jurisdiction of Revenue Courts — Suits Concerning Agricultural Land and Ways Therein — A suit pertaining to a ‘way’ or path located within agricultural land falls under the exclusive jurisdiction of the Revenue Courts as per the Rajasthan Tenancy Act, 1955 — If the subject matter of a suit filed in a Civil Court is essentially a dispute over such a way, which is part of agricultural land, the Civil Court lacks jurisdiction to adjudicate the
India Law Library Docid # 2425481

(179) SHYAMLAL ALIAS BABLU ALIAS PAPPU PANDEY Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 29-04-2025
Criminal Law — Circumstantial Evidence — Hostile Witnesses — Extra-Judicial Confession Not Proved — In a case based on circumstantial evidence, where the prime witnesses (PW-3, son of PW-4, to whom the FIR was attributed, and PW-4, the aunt to whom an extra-judicial confession was allegedly made by the appellant) turn hostile and do not support the prosecution’s case regarding the confession or the appellant’s involvement in the murder and burial of the deceased, the very genesis of the prosecut
India Law Library Docid # 2425540

(180) JOGINDER SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Easements Act, 1882 — Section 15 — Easementary rights against Government land — Period of enjoyment — Plaintiffs claiming easementary right over green belt and road for over 20 years by opening doors, windows etc. towards them — Such claim is unsustainable as S. 15 requires continuous enjoyment for 30 years to acquire easement against Government land — Twenty years of use falls short of this statutory requirement, rendering the easementary plea meritless.
India Law Library Docid # 2425563