(21) STATE OF NAGALAND AND OTHERS Vs. SHRI VINOKA CHISHI AND OTHERS[GAUHATI HIGH COURT] 27-05-2025 Civil Procedure Code, 1908 — Section 115; Article 227 of the Constitution of India — Revision Petition — Maintainability — Pecuniary Jurisdiction — Appellate Court — Objection to pecuniary jurisdiction of appellate court taken for the first time in revision petition — Waiver — Section 21(2) CPC requires objection to pecuniary jurisdiction to be taken at the earliest opportunity in the court of first instance and resulting failure of justice — Parties having appeared, contested, and obtained a fa India Law Library Docid # 2426126
(22) BRAHMAPUTRA TELE PRODUCTION PVT. LTD. AND ANOTHER Vs. DWIPAYAN DAS[GAUHATI HIGH COURT] 26-05-2025 This petition is filed under Article 227 of the Constitution of India, challenging the order dated 30.11.2019 passed by the learned Civil Judge, Morigaon in connection with Title Suit No. 1 of 2012, whereby M.J. Case No. 47/2017 of the petitioners under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC for short) for amendment of the written statement, was dismissed. India Law Library Docid # 2426389
(23) UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD. Vs. HAIDAR ALI AND OTHERS[GAUHATI HIGH COURT] 23-05-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against MACT Award — Assessment of Income — Claim by skilled worker (mason) for Rs. 12,000/- per month — Absence of documentary evidence — Effect of uncontroverted oral evidence and claim petition statements on monthly income — Rebuttal of income claim in cross-examination only by suggestion — Minimum wage notifications as yardstick but not absolute in absence of documentary evidence — Permissibility India Law Library Docid # 2426132
(24) KUTU TELIPATHAR Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 22-05-2025 Criminal Procedure Code, 1973 — Section 383 — Criminal appeal from jail — Appeal against conviction and sentence under Section 302 IPC for uxoricide — Conviction based on finding of guilt — Sentence of rigorous imprisonment for life and fine imposed. India Law Library Docid # 2426131
(25) PROSANTA BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 21-05-2025 Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Penal Code, 1860 — Section 417 — Cheating — Promise of marriage — Consent to sexual intercourse — Validity of consent under misconception of fact — Applicability of Section 90 IPC — Distinction between false promise and mere breach of promise — Requirements for conviction under Section 417 IPC — Fact that India Law Library Docid # 2426130
(26) BIJOY KRISHNA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 20-05-2025 Criminal Procedure Code, 1973 — Section 383 — Appeal from Jail — Section 302 — Penal Code, 1860 — Murder — Circumstantial Evidence — Last Seen Theory — Non-examination of Material Witness — Hearsay Evidence — Failure to Establish Chain of Circumstances — Benefit of Doubt. The appellant’s conviction under Section 302 IPC based on circumstantial evidence, including the “last seen theory,” is challenged. The prosecution relied on witnesses whose testimony was India Law Library Docid # 2426129
(27) M/S UNITED INDIA INSURANCE CO. LTD. Vs. SRI THANERWAR BARUAH AND OTHERS[GAUHATI HIGH COURT] 19-05-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against judgment and award of Motor Accident Claims Tribunal — Quantum of compensation — Just and fair compensation — Principles — Appeal raising grounds of objection as to reasonableness and fairness of quantum awarded by Tribunal — Court’s role is to assess whether award has a reasonable basis and is not excessive — Interference warranted if compensation is not fair or reasonable India Law Library Docid # 2426127
(28) RADHA RANI DAS AND OTHERS Vs. ASHISH MAZUMDAR AND OTHERS[GAUHATI HIGH COURT] 19-05-2025 Civil Procedure Code, 1908 — Order 21 Rules 97, 101 & 103 — Resistance or obstruction to possession of immovable property — Adjudication of claims — Third party claims — Scope of inquiry — Requirements — Court receiving application under Rule 97 must adjudicate claims in accordance with Rule 101, conducting a full inquiry into right, title, or interest — Applicant must be in possession to invoke Rule 97 — Appellants, claiming India Law Library Docid # 2426128
(29) DINESH NEGI Vs. SAHIL SOOD[HIMACHAL PRADESH HIGH COURT] 16-05-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Conviction and sentence — Revision against concurrent findings — Evidence and appreciation by trial and appellate courts — Admissibility of documents not mentioned in notice/complaint — Presumption under Section 139 — Rebuttal of presumption — Scope of revisional jurisdiction — Re-appreciation of evidence in revision is ordinarily impermissible unless findings are perverse — Deposit of entire compen India Law Library Docid # 2425869
(30) RIDMAL AND OTHER Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-05-2025 Criminal Procedure Code, 1973 — Section 313 — Examination of accused — Purpose — To give the accused an opportunity to explain incriminating circumstances appearing against them in the evidence. India Law Library Docid # 2425958
(31) PAKU KARMAKAR Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 16-05-2025 Penal Code, 1860 — Section 307 — Attempt to murder — Proof — Essential ingredients are act with intention or knowledge, under circumstances where if death is caused, it amounts to murder — Assault by husband on wife with a ‘dao’ (machete) — Injuries inflicted on vital parts including head and neck, resulting in grievous injuries and severed thumb — Victim’s testimony implicating husband, corroborated by medical evidence — Abscondance of accused and lack of plausible explanation India Law Library Docid # 2426140
(32) RUPCHAN BHUYAN Vs. HAMIDA KHATUN AND OTHERS[GAUHATI HIGH COURT] 16-05-2025 Code of Criminal Procedure, 1973 — Section 125 — Order for maintenance of wife, children or parents — Petitioner (husband) earning salary from CRPF — Respondent (wife) and minor daughters unable to maintain themselves — Husband contesting claim but failing to adduce evidence to support claims of expenses or lack of income — Wife proving cruelty, inability to maintain herself and daughters, and husband’s income through uncontroverted testimony — Trial Court’s order directing maintenance of Rs India Law Library Docid # 2426141
(33) UNION OF INDIA Vs. M/S G.P. SALES CORPORATION[GAUHATI HIGH COURT] 16-05-2025 Railway Claims Tribunal Act, 1987 — Section 23(2) — Appeal — Consent Decree — Tribunal’s finding indicating agreement on price per bag of damaged cement, not complete settlement of dispute — Not construed as a consent decree barring appeal under Section 23(2) India Law Library Docid # 2426142
(34) NATIONAL INSURANCE CO. LTD. Vs. SUBODH KANTI MAJUMDAR AND OTHERS[GAUHATI HIGH COURT] 16-05-2025 Motor Vehicles Act, 1988 — Compensation — Assessment — Deceased bachelor — Deduction for personal expenses — Appeal against Tribunal’s award deducting one-third from deceased’s income — Deceased was bachelor (30 years 11 months) — Apex Court judgments mandates 50% deduction for personal expenses in case of bachelor where parents are claimants — Multiplier 17 appropriate for deceased aged 30 years 11 months — Recalculation of compensation by applying 50% deduction results in reduced awarded amoun India Law Library Docid # 2426143
(35) MOHAMMAD BASHIR Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-05-2025 Prevention of Corruption Act, 1988 — Section 5(2) read with Section 5(1)(e) — Offence of criminal misconduct (disproportionate assets) — Successive FIRs — Validity of registration — Abuse of process — Earlier FIR investigating same type of allegations closed as “Not Proved” after investigation and closure report accepted by Special Court — Impugned second FIR registered on same allegations of disproportionate assets, overlapping investigated properties India Law Library Docid # 2425864
(36) JYOTI SWARUP SHARMA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Rule 14 — Disciplinary proceedings — When commenced — Pendency of disciplinary/criminal proceedings — Sealed cover procedure — Promotion — Withholding of promotion: Disciplinary proceedings commence only upon issuance of the charge-memo/charge-sheet, not prior thereto — Sealed cover procedure for promotion of an employee can be adopted only when a charge-memo/charge-sheet has been issued or criminal prosecution is pending India Law Library Docid # 2425871
(37) MOHAN SINGH ALIAS BABU RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Criminal Procedure Code, 1973 — Section 397 — Revision — Scope of Interference — Concurrent Findings — Revisional court’s jurisdiction to rectify patent defects, errors of jurisdiction, or law — Not to dwell at length upon facts and evidence to reverse findings — Limited scope of interference; not to be exercised in a routine manner. India Law Library Docid # 2425873
(38) M/S. VADSP PHARMACEUTICALS AND OTHERS Vs. UNION OF INDIA[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Drugs and Cosmetics Act, 1940 — Section 34 — Offences by companies — Vicarious liability of Directors/Officers — Essential ingredients are that the person was in charge of and responsible to the company for the conduct of its business at the time of the offence — Mere designation as Director/Officer is insufficient; specific averments showing role and responsibility are mandatory — Complaint must clearly spell out how and in what manner the individual accused was India Law Library Docid # 2425876
(39) FULEKAR MINJ Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Fratricide — Land dispute as motive — Extra-judicial confession — Admissibility of confession to Police Officer — Evidence Act, 1872 — Sections 25, 26 & 27 — Accused found present at place of occurrence — Recovery of weapon — Appreciating circumstantial evidence — Requirements for conviction based on circumstantial evidence — Chain of circumstances — When two views are possible — Benefit of doubt — Prosecution case based on circ India Law Library Docid # 2426136
(40) GOLJAR UDDIN AHMED @ RAJU AND OTHERS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 15-05-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(c) — Possession of commercial quantity of psychotropic substance — Evidence — Seizure witnesses turned hostile or did not corroborate investigating officer — Non-production of seized contraband and samples — Essential requirement is proving possession of contraband beyond reasonable doubt — Sole testimony of police official requires corroboration from independent sources, especially when not supported by production of seized artic India Law Library Docid # 2426137