(281) SMT NALIMA WARRAICH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-04-2025 Code of Criminal Procedure, 1973 (Cr.P.C.) — Section 195 and Penal Code, 1860 (IPC) — Section 174-A — Cognizance of Offence under Section 174-A IPC — Mandatory Requirement of Written Complaint by Public Servant — Section 195(1)(a)(i) Cr.P.C. bars a court from taking cognizance of any offence punishable under Sections 172 to 188 IPC (which includes Section 174-A IPC) unless there is a written complaint by the concerned public servant or their administrative superior — This provision is mandatory India Law Library Docid # 2425595
(282) AMTOJ SINGH Vs. SUKHCHAIN SINGH[PUNJAB AND HARYANA HIGH COURT] 24-04-2025 Civil Procedure Code, 1908 — Order XLI Rules 23, 23A and 25 — Power of Appellate Court to remand — Scope and limitations — Plaintiff challenged First Appellate Court’s order remitting specific performance suit to Trial Court after allowing defendant’s application to amend written statement — Amendment highlighted bifurcation of Khasra number, asserting that a part of the suit land was not in existence on the date of the agreement to sell — Held, an appellate court’s power to remand is regulated India Law Library Docid # 2425596
(283) KULWINDER SINGH Vs. NEETU RANI AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-04-2025 Criminal Procedure Code, 1973 (Cr.P.C.) — Section 125 — Interim Maintenance — Minor Child — Interim maintenance of Rs.10,000/- per month awarded to the minor child by the Family Court upheld — The object and purpose behind granting interim maintenance is to ensure that the dependent spouse and children are not reduced to destitution or vagrancy on account of failure of marriage — A just and careful balance must be struck to ensure that this provision does not degenerate into a weapon to punish t India Law Library Docid # 2425597
(284) M/S HANUMAN PAPER WORKS AND ANOTHER Vs. COMMISSIONER OF COMMERCIAL TAX[CHHATTISGARH HIGH COURT] 24-04-2025 Chhattisgarh Value Added Tax Act, 2005 — Section 55(2) — Reference Application — Non-submission of C-Form for Inter-State Sale — Assessing Authority treating inter-state sale as local sale and imposing tax and interest thereon due to non-submission of C-Form within prescribed time — Appellate authority and Tribunal upholding assessment — Tribunal rejecting application for reference under Section 55(1) — Power of authorities to extend time for submission of C-Form for sufficient cause — Tribunal India Law Library Docid # 2425666
(285) TSEWANG THINLES Vs. U. T. OF LADAKH AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Protection of Children from Sexual Offences Act, 2012 — Section 34(2) — Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 94 — Age determination of victim — Special Court’s jurisdiction and procedure — Section 34(2) of POCSO Act empowers Special Court to determine age of a person (whether offender or victim) whenever a question arises in any proceeding — Procedure under Section 94 of JJ Act applies for victim age determination — Section 94 prescribes tiered approach: school India Law Library Docid # 2425818
(286) JAMMU COOPERATIVE HOUSE BUILDING SOCIETY APNA VIHAR KUNJWANI JAMMU Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Jammu and Kashmir Employees’ Provident Funds and Miscellaneous Provisions Act, 1961 — Section 1(4) — Voluntary Coverage — Requirement of Notification — Applicability of the Act to an establishment, not otherwise covered, becomes final only after a notification to this effect is published in the Official Gazette — Non-publication of such notification renders proceedings regarding registration and coverage non est in law — This requirement is not merely ministerial but integral to making the Act a India Law Library Docid # 2425819
(287) NAZIR AHMED SHAH Vs. U.T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Jammu & Kashmir Waqf Act, 1978 — Section 6(1) — Waqf Property — Challenge to Notification — SRO No. 351 dated 23.08.1982 declaring land as Waqf property — Petitioner claiming ancestral ownership based on document from villagers in 1973 Bikrami (1916-17 AD) — Document interpreted as bestowing land upon predecessor-in-interest in capacity of Manager/Majawar of Shrine, not personally — Revenue records consistently showing Shrine as owner since 1969 — Petitioner’s possession found to be as Manager/M India Law Library Docid # 2425820
(288) DES RAJ AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 24-04-2025 Jammu & Kashmir Agrarian Reforms Act — Sections 4 & 8 — Mutation of Rights — Challenge to — Limitation — Petitioners challenging mutations attested under the Act after a delay of three decades — Allegation of lack of knowledge dispelled by evidence of predecessors’ presence and consent to earlier inheritance mutation of respondent’s predecessor — Knowledge of joint tenancy established through earlier inheritance mutation — Proprietary rights properly India Law Library Docid # 2425821
(289) SUBHASH CHAND MEHENDRA (SINCE DECEASED) THROUGH HIS LRS Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 24-04-2025 Civil Procedure Code, 1908 — Order 47 Rule 1; Section 114 — Review — Scope of — Three broad components for review are aggrieved person, when review can be sought, and grounds; power exercised subject to grounds listed: discovery of new evidence, mistake/error apparent on face of record, or any other sufficient reason — Any other sufficient reason’ means reasons analogous to previous grounds — Subsequent events generally not a ground for review of order India Law Library Docid # 2425890
(290) KANTILAL NAGJIBHAI ZALAVADIYA AND OTHERS Vs. PRAKASHBHAI CHHAGANBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 24-04-2025 Constitution of India — Article 227 — Power of Superintendence — Interference in interlocutory orders of subordinate courts — Exercised to quash an order rejecting withdrawal of suit where co-plaintiffs lacked proprietary interest in suit property and underlying dispute was settled by compromise decree in another suit. India Law Library Docid # 2425995
(291) SHRI PINAKI PRASAD BISWAS AND OTHERS Vs. SMTI. MANDIRA DANDA AND OTHERS[GAUHATI HIGH COURT] 24-04-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Concurrent Findings of Fact — The High Court in second appeal lacks jurisdiction to interfere with concurrent findings of fact by the trial court and first appellate court — Such interference is permissible only if material or relevant evidence is not considered, or if findings are based on inadmissible evidence — Where both courts considered pleadings, evidence, and relevant India Law Library Docid # 2426207
(292) MOHAMMAD KHAN Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 23-04-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483 [Corresponding to Section 439 Cr.P.C.] — Bail — Considerations — Allegation of Conspiracy vs. Specific Overt Act — Statement under Section 164 Cr.P.C. — In evaluating a bail application under Section 483 BNSS for offences including Sections 191(2), 191(3), 190, 331(8), 115(2), 103(1) and 61(2)(a) of the Bharatiya Nyaya Sanhita (BNS), the Court considers the specific role attributed to the accused. Where the primary allegation is of co India Law Library Docid # 2425050
(293) IN THE GOODS OF - SHRIMATI RAMA DATTA GUPTA (DEC)[CALCUTTA HIGH COURT] 23-04-2025 Succession Act, 1925 — S. 63 — Evidence Act, 1872 — Ss. 68, 69 — Proof of Will — Uncontested Probate Proceedings — Requirement of Proof in Solemn Form — Even where a probate application remains uncontested (no caveat filed), the propounder is obligated to prove the due execution and attestation of the Will in solemn form, satisfying the mandatory requirements of Section 63 of the Succession Act, 1925 and Section 68 or Section 69 of the Evidence Act, 1872 India Law Library Docid # 2425159
(294) SITAL PRASAD SHAW @ GUPTA AND ANOTHER Vs. ASHISH BHATTACHARYA AND ANOTHER[CALCUTTA HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 — Sections 401 & 482 — Railway Property (Unlawful Possession) Act, 1966 — Section 3(a) — Quashing of Proceedings — Delay — Abuse of Process — Criminal Revision application filed seeking quashing of proceedings under Section 3(a) of the Railway Property (Unlawful Possession) Act, pending since 1982 (approximately 43 years) — Held, continuation of prosecution after such inordinate delay, largely unattributable to the accused, constitutes a sheer abuse of India Law Library Docid # 2425162
(295) FERASAT Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 — Section 386 — Disposal of Appeal on Merits in Absence of Appellant/Counsel — An appellate court is empowered to hear and dispose of a criminal appeal on its merits after perusing the record and judgment of the trial court, even in the absence of the appellant or their counsel — Adjournment is not mandatory in such circumstances, following the principle laid down in Surya Baksh Singh vs. State of Uttar Pradesh, (2014) 14 SCC 222 India Law Library Docid # 2425274
(296) STATE OF U.P. Vs. PUSHPENDRA ALIAS GABBAR[ALLAHABAD HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 — Sections 378 — Appeal against acquittal — Scope of interference by High Court — Principles governing appeal against acquittal revisited — High Court’s power to re-appreciate evidence — Necessity to overcome double presumption of innocence (strengthened by acquittal) — Interference warranted only if trial court findings are patently perverse, based on misreading/omission of material evidence, or if only conclusion possible is guilt — Slowness of appellate court in India Law Library Docid # 2425270
(297) MITHU SINGH Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 197 — Sanction for Prosecution — Public Servant — Test of “Acting or Purporting to Act in Discharge of Official Duty” — The protection under Section 197 CrPC, requiring prior sanction for prosecuting a public servant (not removable save by or with the sanction of the Government), is available only when the alleged offence is reasonably connected with the discharge of official duty — The act complained of must fall within the scope and range of offic India Law Library Docid # 2425387
(298) STATE OF RAJASTHAN Vs. NAINA RAM[RAJASTHAN HIGH COURT] 23-04-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal Against Acquittal — Scope of Interference — Principles Reiterated — An appellate court, in an appeal against acquittal, must recognize that acquittal strengthens the presumption of innocence — While entitled to reappreciate evidence, the court must consider if the trial court’s view was a possible one based on the record — If plausible, the acquittal cannot be overturned merely because another view is possible — Interference is permissi India Law Library Docid # 2425417
(299) VIKRAM SINGH Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 23-04-2025 Penal Code, 1860 (IPC) — Sections 300 Exception IV, 302, 304 Part I — Culpable Homicide vs. Murder — Sudden Fight — Knowledge vs. Intention — Where death is caused by a single blow with a sharp-edged weapon (spear) inflicted on the head (a vital part) during a sudden quarrel arising from a trivial issue (playing loud music during Holi), without premeditation or prior enmity between the parties, the act falls within Exception IV to Section 300 IPC — Although the accused lacked the intention to ca India Law Library Docid # 2425418
(300) KANHAIYA LAL AND OTHERS Vs. THE VYAVASTHAK MURLIWALA AGROTEK LIMITED[RAJASTHAN HIGH COURT] 23-04-2025 Payment of Wages Act, 1936 — S. 2(vi)(b) — Factories Act, 1947 — S. 48 — “Wages” — Overtime Pay — Statutory Right — Remuneration payable for overtime work, mandated by Section 48 of the Factories Act for work exceeding prescribed weekly hours, falls squarely within the definition of “wages” under Section 2(vi)(b) of the Payment of Wages Act — The entitlement to overtime wages arises from statute and does not require a specific, separate contractual stipulation — An appellate court errs in law an India Law Library Docid # 2425419