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(181) AMIN LAL AND OTHERS Vs. HAR NARAIN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Civil Procedure Code, 1908 (CPC) — O 41, Rule 1 — Specific Relief Act, 1963 — Section 10 — Appeal — Power of Appellate Court to make out a new case — Suit for specific performance of agreement to sell decreed by trial court — First Appellate Court modified decree to refund of earnest money on the ground that suit property was vague as boundaries were not given in agreement, a plea not taken by defendants in written statement — Held, First Appellate Court erred in making out a new case not pleade
India Law Library Docid # 2425564

(182) SHAGAN LAL Vs. DIDAR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Motor Vehicles Act, 1988 — Section 166 & Section 140 — Compensation for injuries — Enhancement — Claimant aged 40, photographer earning Rs. 10,000/- p.m., suffered 60% permanent disability (mal-united fractures of R-humerus and ulna with restricted movements) in motor accident — Tribunal awarded Rs. 3,01,011/- — On appeal, High Court enhanced compensation to Rs. 23,11,011/- applying settled principles — Monthly income taken as Rs. 10,000/-, future prospects @ 25% added, making annual income Rs.
India Law Library Docid # 2425606

(183) KARAMBIR AND ANOTHER Vs. SURESH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Motor Vehicles Act, 1988 — Section 163-A & Section 147 — Liability of Insurer — Death of person accompanying goods in goods carriage — Deceased travelling in goods vehicle to take care of dowry articles loaded therein at instance of bridegroom’s father — Tribunal held deceased to be gratuitous passenger and fastened liability on owner/driver — High Court reversed, holding deceased was not gratuitous passenger but an authorized representative of owner of goods (bridegroom’s father), travelling fo
India Law Library Docid # 2425607

(184) MASTER ADITYA BENIWAL Vs. UNION OF INDIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Education Law — Admissions — Sainik School — Change of Category after application and selection — Petitioner, a minor represented by mother, applied for Sainik School admission, filled “General” category in form (though father was Defence Personnel), was selected under General category and allotted Sainik School, Rewari — Later sought change to “Ward of Defence Personnel” category to get admission in another Sainik School based on revised merit — Respondents rejected claim as (i) terms of advert
India Law Library Docid # 2425608

(185) RAJA REKHI Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-04-2025
Constitution of India — Art. 226 — Habeas Corpus — Child Custody — Maintainability of writ petition by uncle for release of minor nephew from mother’s custody — Where 12-year-old detenu (nephew of petitioner) was residing with his father, and mother (respondent No.4, ordinarily resident in Australia) allegedly took him away from habitual residence while father was abroad, and guardianship petition was already pending between parents before Family Court, habeas corpus petition by uncle is not mai
India Law Library Docid # 2425609

(186) CHITRASEN RATH AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 29-04-2025
Writ Petition — Scope of — Article 226 of the Constitution of India — Extraordinary jurisdiction — Petitioners, primarily Society Managers, seeking interference against non-lifting of procured paddy by respondent authorities as per government guidelines and policy — Paddy not lifted within prescribed or extended deadlines, resulting in storage issues, exposure to elements, and loss of quantity and quality due to driage — Petitioners seeking directive to lift remaining paddy and adjustment for lo
India Law Library Docid # 2425663

(187) SHIVANI MISRI Vs. UNION OF INDIA AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 29-04-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Mandamus — Certiorari — Challenge to arbitrary disqualification from appointment — Prayer for recruitment — Quashing of advertisement and disqualification order — Petitioner, a blind woman with 100% disability, pursuing legal remedies against cancellation of candidature for Junior Executive (Law) post after being declared
India Law Library Docid # 2425845

(188) M/S SDS INFRACON PVT. LTD. AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 28-04-2025
Stamp Act, 1899 — Section 23 — Instruments Reserving Interest — Section 23 categorically provides that an instrument is not chargeable with a higher stamp duty merely because it expressly makes interest payable along with the principal amount — The duty is chargeable only on the principal amount as if no mention of interest had been made.
India Law Library Docid # 2425271

(189) DHEER SINGH AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 28-04-2025
Evidence Act, 1872 — Testimony of Related Witness — The evidence of a witness cannot be discarded solely on the ground that they are related to the deceased or interested; however, such testimony requires scrutiny with greater care and caution — If found credible and consistent, it can form the basis of conviction.
India Law Library Docid # 2425304

(190) BHANWAR LAL @ BHANWRA RAM AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 28-04-2025
Penal Code, 1860 — Section 304-B — Evidence Act, 1872 — Section 113-B — Dowry Death — Proof Required — Presumption — To establish the offence of dowry death under S. 304-B IPC and invoke the presumption under S. 113-B Evidence Act, the prosecution must meticulously prove beyond reasonable doubt that soon before her death, the woman was subjected to cruelty or harassment by the accused in connection with a demand for dowry — A clear nexus or live link between the dowry demand, the alleged harassm
India Law Library Docid # 2425422

(191) RAJ KUMAR SHARMA Vs. AMARDEEP KAPOOR SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 28-04-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Temporary Injunction — Principles for Grant — Prima Facie Case — In an application for temporary injunction in a suit for specific performance of an agreement to sell, a prima facie case is established if the plaintiff demonstrates the execution of the agreement, payment of part consideration, and readiness and willingness to perform their part of the contract by paying the remaining consideration — The mere fact that only a portion of the sale
India Law Library Docid # 2425479

(192) NATIONAL INSURANCE CO. LTD. Vs. DHAWAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Motor Vehicles Act, 1988 — Sections 166, 140 & 128 — Claim Petition — Contributory Negligence — Deceased not wearing helmet — Failure to plead and prove by insurer — Where Insurance Company argued for 50% contributory negligence because deceased motorcyclist was not wearing a helmet and died of head injuries, but had not raised this plea in its written statement before MACT nor led any evidence to prove it, and consequently no issue was framed on this aspect, the High Court rightly rejected this
India Law Library Docid # 2425556

(193) RAHUL LAMBA Vs. TANYA PRASHAR[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Guardian and Wards Act, 1890 — Section 9 — Jurisdiction to entertain application for custody — “Minor ordinarily resides” — Interpretation — Family Court’s rejection of custody petition under Order 7 Rule 11 CPC, based on its interpretation that mother is natural guardian of child below 5 years and thus child is presumed to be with mother irrespective of actual residence, is erroneous and set aside — Section 9 confers jurisdiction on District Court where minor “ordinarily resides” — While “ordin
India Law Library Docid # 2425557

(194) RAM KUMAR Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Negotiable Instruments Act, 1881 — Section 138 & Section 147 — Compounding of offence — Guidelines in Damodar S. Prabhu, (2010) 5 SCC 663 — Reduction of costs — Where petitioner and de facto complainant amicably settled Section 138 NI Act case at revision stage before High Court, and petitioner was in custody, facing protracted litigation for 6 years, and was a poor person with no means to pay costs, the High Court, exercising its discretion as per Damodar S. Prabhu guidelines, allowed compoundi
India Law Library Docid # 2425558

(195) AMRIK SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Penal Code, 1860 — Sections 323, 324, 325, 326 r/w Section 34 — Grievous hurt by dangerous weapons/means & voluntarily causing hurt — Land dispute — Aggressors attempting forcible possession — Conviction upheld — Where evidence, including testimonies of four injured eyewitnesses (PW1 to PW4) corroborated by medical evidence (MLRs proved by doctor), established that appellants (accused party), armed with deadly weapons (datar, chhavi) and acid, were the aggressors who attempted to forcibly take p
India Law Library Docid # 2425559

(196) SURESH KUMAR Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Penal Code, 1860 — Section 174-A — Criminal Procedure Code, 1973 — Sections 195(1)(a)(i), 2(d) & 82 — Cognizance of offence under Section 174-A IPC — Mandatory procedure — FIR registered pursuant to Magistrate’s direction to police, without a written complaint by the Magistrate (public servant concerned), is contrary to Section 195(1)(a)(i) CrPC and liable to be quashed — Section 195 CrPC bars court from taking cognizance of offences under Ss. 172 to 188 IPC (which includes Section 174-A IPC) ex
India Law Library Docid # 2425560

(197) VINAY Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 82 & 195 — Penal Code, 1860 (IPC) — Section 174-A — Proclaimed Person/Offender proceedings — Quashing of order declaring petitioner proclaimed person and consequential FIR under S. 174-A IPC — Where petitioner, accused in S. 138 NI Act complaint, was declared proclaimed person and FIR under S. 174-A IPC was registered for non-appearance, and it was contended that (i) mandate of S. 82 CrPC (regarding prior issuance/service of summons/warrants and re
India Law Library Docid # 2425561

(198) AMIT KUMAR Vs. AARTI[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Criminal Procedure Code, 1973 — Section 125 — Maintenance to wife — Quantum — Rs. 10,000/- per month awarded by Family Court upheld — Husband’s plea that wife was not entitled to maintenance as she left his company on her own accord without reasonable cause, and that she was an able-bodied and educated lady working as a teacher earning Rs. 30,000/- per month, rejected — High Court found no perversity in Family Court’s order and noted that husband failed to substantiate his averments regarding wi
India Law Library Docid # 2425562

(199) DIWAKAR MALHOTRA @ LUCKY (DECEASED) THROUGH LRS AND OTHERS Vs. LOVEPREET WALIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Constitution of India — Article 227 — Mesne profits — Assessment by Appellate Authority — Challenge to — Landlord-respondents filed lease deeds of similar properties to show market rent — Tenant-petitioners failed to produce any lease deed to counter this — Appellate Authority assessed mesne profits based on landlord’s evidence — No fault found with the assessment in revisional jurisdiction under Article 227 when the tenant fails to provide evidence of current market rent and the assessment is b
India Law Library Docid # 2425602

(200) JATINDERBIR SINGH @ SATINDERBIR SINGH (NOW DECEASED) THROUGH LRS Vs. MANMOHAN SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-04-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of pleadings — After commencement of trial — Due diligence — Requirement of — Proviso to Order 6 Rule 17 CPC mandates that no application for amendment shall be allowed after trial has commenced unless the Court concludes that despite due diligence, the party could not have raised the matter before trial commencement — Failure to exhibit due diligence and inexplicable delay in seeking amendment, especially when introducing a
India Law Library Docid # 2425603