(201) 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
(202) 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
(203) 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
(204) 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
(205) 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
(206) 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
(207) 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
(208) 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
(209) 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
(210) 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
(211) 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
(212) 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
(213) SMT. MEENU Vs. SANJAY KHANAGWAL[PUNJAB AND HARYANA HIGH COURT] 28-04-2025 Specific Relief Act, 1963 — Section 20(2) — Specific performance of agreement to sell — Hardship to defendant — Plea of — Necessity of pleading and proof — A plea of hardship to the defendant as a ground for declining specific performance must be specifically pleaded and proved by the defendant — In the absence of any such pleading or evidence, a finding of hardship based merely on conjectures and surmises by the appellate court is unsustainable. India Law Library Docid # 2425604
(214) RAMESH KUMAR ALIAS RAMESH CHANDER AND ANOTHER Vs. RAVI KANT ALIAS RAVI KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-04-2025 Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Proof of Will — Competing Wills (one registered, one unregistered) — Suspicious circumstances — Burden of proof — Registration of a Will, though not mandatory, significantly bolsters the presumption of its genuineness — A subsequent unregistered Will, especially one not mentioning an earlier registered Will and surrounded by suspicious circumstances (such as unreliable attesting witnesses, beneficiary’s presence at execution, India Law Library Docid # 2425605
(215) BODH RAJ Vs. VEER SEN[HIMACHAL PRADESH HIGH COURT] 28-04-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Offence under Section 138 of NI Act — Ingredients — Complaint filed alleging dishnour of cheque issued to discharge legal liability — Cheque dishonoured with remark payment stopped by the drawer’ — Validity of notice served and failure to pay alleged — Accused pled not guilty, claiming blank security cheque issued to third party who misused India Law Library Docid # 2425888
(216) SHANTILAL BHULABHAI PATEL AND OTHERS Vs. BHULABHAI KHEMABHAI PATEL AND ANOTHER[GUJARAT HIGH COURT] 28-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Interference with concurrent findings of fact — Scope of Second Appeal against concurrent findings of fact by trial court and first appellate court is limited — High Court cannot interfere unless findings are perverse, arbitrary, shock the conscience, or disrespect legal forms or natural justice — Re-appreciation of evidence to substitute findings is impermissible — Concurrent findings not to be interfered unless erroneous or contrary to India Law Library Docid # 2426001
(217) LAND ACQUISITION AND REHABILITATION OFFICER AND ANOTHER Vs. RAJPUT DEVJIBHAI JETHABHAI[GUJARAT HIGH COURT] 28-04-2025 Land Acquisition Act, 1894 — Sections 4, 11, 18 & 28 — Determination of market value — Reference Court jurisdiction — Market value determination by Land Acquisition Officer is not an appellate finding; Reference Court acts as original proceeding to determine market value afresh based on evidence — District Valuation Committee report as expert opinion — Valuation Committee’s estimation of market value for government land allotment at similar location and time as relevant evidence for determining India Law Library Docid # 2426002
(218) RAMESH KUMAR AGARWAL Vs. RAJENDRA PRASAD CHOUDHURY AND OTHERS[GAUHATI HIGH COURT] 28-04-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 (Proviso) — Amendment of pleadings after commencement of trial — Due Diligence — Burden on party seeking amendment to show that despite due diligence, the matter could not have been raised earlier — Allegation of “recently learned” about registered deeds executed in 2008-2009, challenged 14 years later — Absence of specific details on when and how information was obtained — Lack of any reflection of new information in India Law Library Docid # 2426168
(219) HIMADRI DOWERAH Vs. RAJIV DUTTA AND OTHERS[GAUHATI HIGH COURT] 28-04-2025 Civil Procedure Code, 1908 — Section 115 — Revisional Jurisdiction — Scope — Concurrent findings of fact by trial court and first appellate court — Interference by High Court — High Court in revisional jurisdiction does not act as a court of first appeal and cannot re-appreciate or re-assess evidence to reach a different finding of facts, even if its view differs from the court below — Interference is permissible if findings are perverse, without material evidence, based on no evidence or misrea India Law Library Docid # 2426169
(220) BIREN CH. DAS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 28-04-2025 Penal Code, 1860 — Section 302 — Murder — Section 304 Part II — Culpable Homicide Not Amounting to Murder — Distinction — Principles enunciated in _State of AP Vs. Rayavarapu Punnayya and Anr., AIR 1977 SC 45_ and _Kishore Singh and Anr. vs. The State of M.P., AIR 1977 Sc 2267_ reiterated — To sustain a charge of murder under Section 300, prosecution must prove the act falls within one of its four clauses — Even proving an act falls under Section 299 does not automatically constitute murder if n India Law Library Docid # 2426170