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(21) NATIONAL INSURANCE CO. LTD. Vs. ON THE DEATH OF HAIDAR ALI HIS LEGAL HEIRS RABIYA BIBI AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Motor Vehicles Act, 1988 — Sections 163A, 166 — Motor Accidents Claims Tribunal — Award of Compensation — Death of unmarried victim — Liability of Insurer — Proof of Insurance — Seizure of insurance certificate during criminal investigation showing policy validity at time of accident — Evidence of Insurer’s witness contradicting existence of policy with their specific branch without proper authentication or identification of signatory — Departures from pleadings concerning the insurance policy — India Law Library Docid # 2426138
(22) MD. ABU BAKKAR SIDDIQUE Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Constitution of India — Articles 226 & 227 — Foreigners Tribunal — Opinion/Order — Burden of Proof — Perversity — Judicial Review — Challenge to a Foreigners Tribunal’s opinion declaring the petitioner a foreigner — Tribunal’s opinion based on the petitioner’s failure to provide valid documentation during the initial enquiry and inconsistencies in exhibited voter lists regarding age and relational details — Petitioner’s primary documents (voter India Law Library Docid # 2426139
(23) UT OF J&K AND OTHERS Vs. ROBIN KOUL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 14-05-2025 Service Law — Regularization — Casual/Seasonal/Need Based Workers — Engagement of a worker as ‘Training Substitute Fisheries Guard’ continuously for over two decades — Distinction between illegal and irregular appointments — Long and uninterrupted service indicates work of perennial nature, not temporary — Stoppage of salary and retrospective dispensing of services based on a Government circular dated 17 India Law Library Docid # 2425863
(24) NEENA SINGH THAKUR Vs. PR. COMMISSIONER OF INCOME TAX AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 14-05-2025 Income Tax Act, 1961 — Section 148A(b) — Notice under — Proposing issuance of notice under Section 148 — Income escaping assessment — Requirement to show cause — Information suggesting income chargeable to tax has escaped assessment — Details of information and supporting documents to be enclosed — Assessee required to submit reply with supporting documents. India Law Library Docid # 2425870
(25) SAURABH BHATNAGAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 14-05-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 21 & 29 — Conviction and sentence — Appeal against — Independent witnesses not supporting prosecution case — Effect of hostile witnesses — While evidence of hostile witnesses may lose credibility, it can be relied upon if corroborated by other reliable evidence; conviction not solely discarded due to hostile witnesses. India Law Library Docid # 2425872
(26) CHIEF EXECUTIVE OFFICER GTL INFRASTRUCTURE LIMITED AND ANOTHER Vs. MD. SAMIQUL HUSSAIN[GAUHATI HIGH COURT] 14-05-2025 Arbitration and Conciliation Act, 1996 — Sections 8 and 37 — Application for reference to arbitration — Requirements — Lease agreement containing arbitration clause — Unstamped or insufficiently stamped agreement — Admissibility and enforceability — Constitution Bench judgment in N.N. Global Mercantile Private Limited on unstamped agreements applied — An unstamped or inadequately stamped instrument with an arbitration clause is not a contract enforceable in law and cannot be acted upon for Secti India Law Library Docid # 2426135
(27) SUBHASH CHAND AND OTHERS Vs. BHUPINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Suo motu power of Court — Application by defendant not mandatory — Presence of all defendants or even one defendant not necessary — Court’s inherent power to reject plaint at threshold if barred by law, based solely on plaint averments and annexed documents — Absence of proforma defendant inconsequential for Order 7 Rule 11 determination — Rejection of plaint where suit appears India Law Library Docid # 2425874
(28) MADAN KISHORE AND OTHERS Vs. COL. SUDHIR SEWAL (DECEASED) THROUGH LRS.[HIMACHAL PRADESH HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Assailing order of Executing Court dismissing objections — Permissibility — Objectors re-agitating issues already settled up to Supreme Court — Not permissible — Petitions dismissed. India Law Library Docid # 2425875
(29) STATE OF GUJARAT Vs. HARISHBHAI KANJIBHAI SATVARA[GUJARAT HIGH COURT] 13-05-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Scope of Appellate Interference — Re-appreciation of evidence — Principles reiterated: Appellate court has full power to review, re-appreciate, and reconsider evidence, without limitations under CrPC; can reach its own conclusions on fact and law; expressions like “substantial and compelling reasons” are linguistic flourishes, not curtailing power; India Law Library Docid # 2426051
(30) ON THE DEATH OF BHUBAN MOHAN DAS, HIS LEGAL HEIRS SMT. LAKSHMI PRABHA DAS AND OTHERS Vs. ON THE DEATH OF LATE SAMARESH BANERJEE HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Formulation of substantial questions of law is determined by ascertaining foundational facts from pleadings, issues framed, and court findings — Insufficient foundational facts preclude a substantial question of law India Law Library Docid # 2426133
(31) SMTI. SANTI DEVI AND OTHERS Vs. ON THE DEATH OF WALLUS SAHID HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025 Civil Procedure Code, 1908 — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent findings of fact by Trial Court and First Appellate Court — Perversity — Second appellate court exercising jurisdiction under Section 100 CPC should not disturb concurrent findings of fact unless found to be perverse — Decision is perverse if arrived at by ignoring or excluding relevant material, taking irrelevant material, or if findings outrageously defy logic or are based on no evidence or th India Law Library Docid # 2426134
(32) DHARAM CHAND Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-05-2025 Criminal Procedure Code, 1973 — Section 173(8) — Further investigation after submitting report/taking cognizance — Power of Magistrate — Magistrate can suo motu direct police to conduct further investigation even after taking cognizance of a report under Section 173(2) — Rationale rooted in ensuring proper and fair investigation and serving the ends of justice under Article 21 of the Constitution — Overruling previous contrary judgments India Law Library Docid # 2425868
(33) BHUPENDRA KUMAR DHANKAR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 09-05-2025 Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 — Rule 9 — Discipline and Control — Disciplinary Authority for Major Punishment — Regularized Shiksha Karmi — Termination of services — Major punishment — Rule 9 mandates that the General Administration Standing Committee of the Janpad Panchayat is the disciplinary authority for awarding major punishment to regular employees — Chief Executive Officer lacks jurisdiction to impose major punishment of terminat India Law Library Docid # 2425681
(34) MANOJ KUMAR SONI Vs. DIRECTORATE OF ENFORCEMENT[CHHATTISGARH HIGH COURT] 09-05-2025 Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Scope and application — Constitutional mandate of Article 21 — Right to speedy trial — Long incarceration — Section 45 imposes additional conditions for bail but does not create an absolute prohibition — Detention without reasonable prospect of timely trial infringes Article 21 — Applicability of twin conditions must yield to constitutional right to liberty and speedy trial in cases of long incarceration not attri India Law Library Docid # 2425682
(35) TIRTHRAJ AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025 Criminal Procedure Code, 1973 — Charge — Framing of — Quashing of consequential charge-sheet — Applicant (Sub-Divisional Officer/Land Acquisition Officer) facing charges under various IPC sections including cheating and forgery read with conspiracy and criminal intimidation — Impugned order framing charges against applicant challenged — FIR and witness statements initially not naming applicant — Applicant’s name appearing in charge-sheet and prosecution sanction order alleging conspiracy and use India Law Library Docid # 2425683
(36) STEEL AUTHORITY OF INDIA LIMITED (BHILAI STEEL PLANT) MAHAMAYA DULKI IRON AND MINES AND OTHERS Vs. THE REGIONAL OFFICER CHHATTISGARH ENVIRONMENT CONSERVATION BOARD[CHHATTISGARH HIGH COURT] 09-05-2025 Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Quashing of criminal proceedings — Abuse of process of law — Exercise of inherent powers proper where allegations in FIR/complaint, even if taken at face value, do not prima facie constitute any offence or where uncontroverted allegations/supportive evidence do not disclose commission of offence — Magistrate’s order summoning accused must reflect application of mind to facts and law, and examine nature of allegations and evidence fo India Law Library Docid # 2425684
(37) MANOJ KUMAR SONI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025 Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Regular Bail Application — Police Station ABC/EOW, Raipur KNo 01/2024 — Offences under Sections 409, 120-B IPC read with Sections 11, 13(1)(a), and 13(2) of the Prevention of Corruption Act, 1988 — Long incarceration and delay in commencement of trial — Speedy trial as a facet of fundamental right to life under Article 21 of the Constitution of India — Gravity of crime not an inviolable bar to bail in case of speedy trial violation — Section India Law Library Docid # 2425685
(38) RAVINDER SINGH AND OTHERS Vs. STATE AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 09-05-2025 Jammu and Kashmir Control of Building Operation Act, 1988 — Section 7(1), 7(3), 12(1), 13 — Building Operations Regulations, 1998 — Regulation 11 — Unauthorized construction — Violation of sanctioned plan — Municipal Authorities — Notice for demolition — Challenge before Tribunal — Initial dismissal of appeal for major non-condonable violations (setbacks, ground coverage exceeding 10%) under Regulation 11(2)(ii) and (iii) — Subsequent application for rehearing and modification order — Rehearing India Law Library Docid # 2425862
(39) HOM DEI @SHALLU Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 09-05-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Penal Code, 1860 — Sections 302, 120B and 201 — Bail — Murder — Conspiracy — Causing disappearance of evidence — Prolonged trial — Right to speedy trial under Article 21 of Constitution of India — Applicant accused of murder, conspiracy, and destruction of evidence — Arrested on 22.02.2021 — Trial involves 51 prosecution witnesses, only 16 examined over 4 years and 2 months — Chances of early conclusion of trial not bright — Keeping accuse India Law Library Docid # 2425879
(40) M/S APEX PLASTIC THANA AND ANOTHER Vs. DEEPAK KUMAR[HIMACHAL PRADESH HIGH COURT] 09-05-2025 Employees/Workmen Compensation Act, 1923 — Claim for Compensation — Crushed Injuries — Right Hand — Amputation of thumb, fracture in bones, cutting of skin and veins, partial loss of middle finger — Accident during course of employment — Employer-employee relationship admitted — Occurrence not disputed — Negligence of claimant alleged but not established as defense — Salary admitted — Immediate medical aid and follow-up treatment provided and expenses borne by employer — Genuine India Law Library Docid # 2425880