(221) KANSHIRAM SAHU AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 25-04-2025 Criminal Procedure Code, 1973 — Section 161 — Statement recorded thereunder — Discrepancies with court testimony — Material discrepancies between child witness’s statement under Section 161 and his testimony in court, particularly regarding mother’s involvement in assault and father’s drunken state, cast doubt on the reliability of the child witness’s testimony. India Law Library Docid # 2425664
(222) SMT. NASEEMA ALI AND OTHERS Vs. SMT. SAKEELA PARVEEN AND OTHERS[CHHATTISGARH HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Order 17 Rule 1 — Adjournment — Speedy Justice — Timely Delivery of Justice — Sufficient Cause — Power of Court to grant time and adjourn hearing is contingent upon showing ‘sufficient cause’ and recording reasons in writing — However, a party is limited to a maximum of three adjournments during hearing of suit — Speedy justice is a legal and human right, essential for maintaining public confidence in administration of justice — Prolonged delays in leading evidence, India Law Library Docid # 2425665
(223) DEEPAK KUMAR AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Criminal Procedure — Challenging Multiple FIRs — Maintainability of Joint Petition — A single petition challenging two distinct FIRs is not maintainable where the FIRs arise from separate incidents with no commonality of facts or law, requiring each FIR to be dealt with individually. India Law Library Docid # 2425822
(224) ANIL GAIND AND ANOTHER Vs. UT OF J&K AND OTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Criminal Procedure Code, 1973 — Section 156(3) — Application under — Investigation pursuant to — Scope of — Magistrate’s power to direct investigation — FIR registration based on application under Section 156(3) CrPC. India Law Library Docid # 2425823
(225) AMAN SATYA KACHROO TRUST Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Public Interest Litigation — Maintainability — Petitioner’s Standing — When a petitioner, a prospective bidder with a personal and competitive interest in the subject matter (here, establishment and operation of One Stop Centers), files a petition claiming public interest, such a petition is generally not maintainable. India Law Library Docid # 2425824
(226) ABDUL GHANI AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-04-2025 Jammu and Kashmir Land Revenue Act, 1996 — Section 13(1)(a) — Review of orders by Revenue Officers — Requirement of Prior Sanction — Officer of a class below Collector empowered to review orders only with sanction of immediately superior Revenue Officer — Order proposed to be reviewed must be of a class below that of Collector or Revenue Officer seeking review — Sanction required prior to reviewing the order, not after — Assistant Commissioner (Revenue) reviewing order before obtaining sanction India Law Library Docid # 2425844
(227) ROSHAN LAL Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED AND OTHERS[HIMACHAL PRADESH HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Order 1 Rule 10 — Impleading of party — Application to implead Electricity Board as respondent No. 7 filed by petitioner. India Law Library Docid # 2425887
(228) STATE BANK OF INDIA Vs. MANOJ S. BHUPTANI AND OTHERS[GUJARAT HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 96 — First Appeal — Challenge to dismissal of suit for recovery of outstanding loan dues — Suit based on alleged outstanding amount of Rs. 1,90,022/- with interest — Appellant bank’s claim based on extract of statement of loan account (Exh. 67) — Respondent defendants’ defence of settlement and full and final payment (Exhs. 75, 76, 77) — Evidence indicating settlement for Rs. 3,50,000/- and bank’s acceptance — Subsequent letters confirming receipt of Rs. 1,00 India Law Library Docid # 2425997
(229) BHIKHUBHAI POPATBHAI BHAKHOTHARA DECD. THROUGH CHANDRIKA AND ANOTHER Vs. GHANSHYAM KATHAD BHAKHOTHARA AND OTHERS[GUJARAT HIGH COURT] 25-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased cleaner of Matador involved in collision with ST Bus — Tribunal finding deceased was gratuitous passenger and exonerating Matador’s insurer — Finding of gratuitous passenger status upheld based on Panchnama and lack of contrary evidence. India Law Library Docid # 2425998
(230) HALS FOODS KITCHEN PRIVATE LIMITED Vs. PITHIYA JITENDRAKUMAR SOLE PROPRIETOR OF JAHAL ENTERPRISE[GUJARAT HIGH COURT] 25-04-2025 Copyright Act, 1957 — Section 2(c) — Artistic work — Label Mark — Claiming label as artistic work under Copyright Act — Whether label mark, typically falling under Trade Marks Act, qualifies as artistic work under Copyright Act Section 2(c) — Copyright subsists even in unpublished work and registration is not mandatory — Copyright holder has exclusive right to reproduce artistic work in any material form under Section 14(c) — Suit predominantly for infringement India Law Library Docid # 2425999
(231) DISTRICT PANCHAYAT Vs. MANHARLAL MULCHAND GANDHI AND ANOTHER[GUJARAT HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 115 — Revision Application — Scope of Executing Court’s Power — Back Wages — Calculation and Interest — Reinstatement implies continuous service — Executing Court calculating 75% back wages based on notional continuous service for period out of service (1972-1993) does not travel beyond decree’s scope — Contention that calculation should be based only on actual service rejected — Harassment of decree holder for prolonged period, even after setting aside first India Law Library Docid # 2426000
(232) GEB NOW (PASHCHIM GUJARAT VIJ COMPANY LTD) AND OTHERS Vs. HEIRS OF DECD.CHANDRAD BHAGABHAI NANABHAI AND OTHERS[GUJARAT HIGH COURT] 25-04-2025 Civil Procedure Code, 1908 — Section 96 — First Appeal — Challenge to judgment and decree awarding compensation in a civil suit — Grounds of appeal primarily challenging the trial court’s finding on negligence — Question of compensation arises only upon proof of negligence — Burden of proof of negligence rests on the plaintiffs — Whether the trial court erred in finding negligence on the part of the defendant Electricity Board. India Law Library Docid # 2425996
(233) ASLAM CHOUDHERI Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 24-04-2025 Criminal Procedure Code, 1973 — Section 439 — Unlawful Activities (Prevention) Act, 1967 — Sections 15, 16 — Bail — Evaluation of Evidence — Lack of Prima Facie Link — In an appeal against bail rejection in a case involving serious offences including under the UAPA, the High Court granted bail after setting aside the lower court’s order — The decision was based on a careful perusal of the record, particularly key witness statements (recorded u/s 161 and 164 Cr.P.C.) relied upon by the prosecutio India Law Library Docid # 2425225
(234) RAJKUMAR DUBEY Vs. BOARD OF REVENUE AND OTHERS[ALLAHABAD HIGH COURT] 24-04-2025 U.P. Consolidation of Holdings Act, 1953 — Section 49 — Bar to Jurisdiction — Section 49 creates an absolute bar on the jurisdiction of Civil or Revenue Courts to entertain suits or proceedings concerning rights in land or other matters for which proceedings could or ought to have been taken under the U.P.C.H. Act during consolidation operations. India Law Library Docid # 2425272
(235) JAYRAJ SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 24-04-2025 U.P. Zamindari Abolition and Land Reforms Act, 1950 — Sections 131A, 131B — U.P. Revenue Code, 2006 — Section 76 — Conferment of Bhumidhari Rights — Sections 131A and 131B of the Act of 1950, and Section 76 of the Code of 2006, provide for the acquisition of Bhumidhar with transferable rights status by operation of law after a specified period, but these provisions do not establish an administrative forum for conferment or declaration of such rights. India Law Library Docid # 2425273
(236) KAPIL RAM @ KAPIL RAM SINGHANI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 24-04-2025 Penal Code, 1860 (IPC) — Sections 107 & 306 — Abetment of Suicide — Ingredients — Mens Rea and Proximity — To constitute the offence of abetment of suicide under Section 306 IPC, there must be proof of direct or indirect acts of instigation or intentional aiding (as defined under Section 107 IPC) by the accused — This requires demonstrating a clear mens rea to abet the suicide — The act of instigation must be a positive action, proximate to the time of suicide, and of such intensity that it push India Law Library Docid # 2425420
(237) VIRAF SATARAWALA Vs. KHUSHRU SATARAWALA[RAJASTHAN HIGH COURT] 24-04-2025 Civil Procedure Code, 1908 (CPC) — Order XI Rules 1, 12 & 14 — Discovery and Production of Documents vs. Interrogatories — Partition Suit — Nominee’s Duty to Disclose — In a partition suit concerning family properties including financial assets where one party (defendant-brother) is alleged to be a nominee, the Court has the power under Order XI Rules 12 (Application for discovery of documents) and 14 (Production of documents) to direct that party to disclose, via affidavit, information and prod India Law Library Docid # 2425421
(238) RAMSWAROOP @ PAPPU Vs. MOOLCHAND SAINI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-04-2025 Judicial Discipline — Promptness in Delivery of Judgments — Constitution of India — Article 21 — Civil Procedure Code, 1908 (CPC) — Order XX Rule 1 — Rajasthan Rent Control Act, 2001 — Section 19(8) — Judicial discipline requires promptness in the delivery of judgments after arguments are heard and concluded — Keeping judgments reserved indefinitely, especially beyond the timelines indicated in Order XX Rule 1 CPC (ordinarily within 30/60 days) and specific statutes like Section 19(8) of the Raj India Law Library Docid # 2425442
(239) INDRA DUDI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-04-2025 Rajasthan Panchayati Raj Act, 1994 — Section 38 — Removal and Suspension of Members/Chairpersons — Grounds and Procedure — Section 38 of the Act empowers the State Government to remove from office any member, Chairperson, or Deputy Chairperson of a Panchayati Raj Institution who refuses to act, becomes incapable of acting, or is guilty of misconduct in the discharge of duties or any disgraceful conduct, after affording an opportunity of hearing and making necessary enquiry — Sub-section (4) allo India Law Library Docid # 2425473
(240) SANTU LAL SAINI Vs. SHRIRAM TRANSPORT FINANCE COMPANY LTD.[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-04-2025 Arbitration and Conciliation Act, 1996 — Sections 31(5) and 34(3) — Limitation for Application to Set Aside Award — Commencement from Date of Receipt of Award — The limitation period for filing an application under Section 34 of the 1996 Act to set aside an arbitral award commences from the date of receipt of the signed copy of the award by the party, as mandated by Section 31(5) — The court has the power to condone a delay of India Law Library Docid # 2425474