(281) SHRI SAMIR KUNDU Vs. NATIONAL FACELESS ASSESSMENT CENTRE AND OTHERS[ORISSA HIGH COURT] 06-08-2025 Income Tax Act, 1961 — Section 147, 144, 148, 142 — Assessment — Writ Petition — Alternative Remedy — Petitioner challenged assessment order under Article 226/227 of Constitution — Petitioner had not provided sufficient opportunity to Assessing Officer and sought adjournment at the fag end of limitation period — Medical documents submitted by petitioner did not conclusively prove inability to participate in proceedings India Law Library Docid # 2428384
(282) HARI SHANKAR PATNAIK Vs. STATE OF ORISSA AND OTHERS[ORISSA HIGH COURT] 06-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 156(3) — Complaint — Affidavit — Mandatory Requirement — Supreme Court directions in Priyanka Srivastava v. State of U.P. requiring affidavit with complaint under Section 156(3) Cr.P.C. are mandatory and not a mere formality — Purpose is to prevent abuse of process, ensure accountability, and protect accused from vexatious litigation — Non-compliance with this requirement is a curable defect but must be rectified before Magistrate passes any substan India Law Library Docid # 2428385
(283) DEBI PRASAD BINDHAM AND OTHERS Vs. STATE OF ORISSA AND ANOTHER[ORISSA HIGH COURT] 06-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court’s power to quash proceedings is to be exercised sparingly and cautiously — Only when there is manifest injustice or abuse of process of court — Not to sift or appreciate evidence at the stage of cognizance — Prima facie case test. India Law Library Docid # 2428386
(284) TARLOK SINGH (NOW DECEASED) THROUGH HIS LEGAL REPRESENTATIVES Vs. JATINDER PAL THROUGH HIS LEGAL HEIRS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025 East Punjab Urban Rent Restriction Act, 1949 — Section 13 — Landlord-Tenant Relationship — In an eviction petition, the crucial factor is the existence of a landlord-tenant relationship, not the landlord's ownership of the property. The tenant's admission of this relationship before the Rent Controller is sufficient to establish the landlord's standing to seek eviction. Any challenge to the landlord's ownership, not India Law Library Docid # 2428881
(285) BHARAT FOOD AND AGRO PRODUCTS AND OTHERS Vs. M/S BAPU ASSA RAM JI & COMPANY AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Guidelines for allowing amendment — Amendments are permissible if essential for proper adjudication, bona fide, do not cause irreparable prejudice, avoid multiplicity of litigation, do not fundamentally change the suit's nature, and are not barred by limitation. India Law Library Docid # 2428882
(286) RAJ BALA AND ANOTHER Vs. UJAGAR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-08-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation for road accidents — Enhancement of compensation — Deceased was a 21-year-old computer engineering student with a bright future — Tribunal awarded Rs. 3,00,000/- — Held, notional income of deceased to be assessed at Rs. 12,000/- per month in view of Supreme India Law Library Docid # 2428883
(287) HARISH CHANDRA GURURANI Vs. ANOOP AGARWAL AND ANOTHER[UTTARAKHAND HIGH COURT] 06-08-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing Proceedings — Abuse of Process of Court — High Court’s inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process or secure ends of justice — Should not hesitate to quash proceedings that are essentially civil in nature, even if cloaked in criminal terms. India Law Library Docid # 2432434
(288) YOGENDRA KUMAR SHAH AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 Rights of Persons with Disabilities Act, 2016 — Section 34(2) — Carry forward of vacancies for persons with benchmark disability — Vacancies that could not be filled in a recruitment year due to non-availability of suitable persons with benchmark disability shall be carried forward to the succeeding recruitment year — If suitable persons with benchmark disability are still not available, these vacancies must first be filled by India Law Library Docid # 2432435
(289) DASHRATH SINGH RANA Vs. UNION OF INDIA AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 Disciplinary Proceedings — Judicial Review — Scope — High Court under Article 226 cannot act as an appellate authority to re-evaluate evidence or substitute its own findings for those of disciplinary/appellate authorities — Intervention is permissible only if proceedings violate principles of natural justice, statutory regulations, or if conclusions are arbitrary, capricious, or based on no evidence. India Law Library Docid # 2432436
(290) SHASHI AGARWAL AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 U.P. Government Estates Thekedari Abolition Act, 1958 — U.P. Imposition of Ceiling on Land Holdings Act, 1960 — Challenge to order of Collector passed under Section 6-A of GETA Act — Applicability of both Acts for determination of ceiling area and procedure — Collector's order directing proceedings in accordance with Section 6-A of GETA Act, using ceiling limits from Ceiling Act, held to be in compliance with prior High Court judgments and subject to Special Appeal. India Law Library Docid # 2432437
(291) SAROJNI DEVI ALIAS SONI RAWAT Vs. PARVATI DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 06-08-2025 Family Courts Act, 1984 — Section 19 — Appeal challenging judgment and decree of Family Court — Respondent declared legally wedded first wife of deceased, appellant’s marriage declared null and void — Family pension directed to be paid to respondent — Grounds of challenge: respondent failed to lead evidence of marriage, respondent was underage at time of alleged marriage, Family Court overstepped jurisdiction by directing India Law Library Docid # 2432438
(292) STATE OF CHHATTISGARH Vs. MUCHAKI DEVA AND OTHERS[CHHATTISGARH HIGH COURT] 05-08-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Standard of appreciation of evidence — Appellate court must be slow in reversing acquittal, as presumption of innocence is strengthened, requiring thorough scrutiny on accepted legal parameters India Law Library Docid # 2428355
(293) RAMPURHAT PSC SLEEPERS LIMITED Vs. UNION OF INDIA AND OTHERS[CALCUTTA HIGH COURT] 05-08-2025 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 11 — Admission of Appeals — Hearing under Rule 11 is not for admission but to ascertain if appeal can be dismissed without hearing respondent; it's mandatory, not optional. Appeals against orders not exempted by Appellate Side Rules must be posted for hearing under Order 41 Rule 11. India Law Library Docid # 2428356
(294) BINOD KUMAR BAWRI AND OTHERS Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 05-08-2025 Indian Penal Code, 1860 — Section 420 and 405 and 120B — Criminal Conspiracy — Quashing of Proceedings — Abuse of Process — Allegations of cheating, criminal breach of trust, and conspiracy against directors/chairman of a company for non-payment of dues by a third party arose from a commercial transaction to which the directors had no direct involvement - The court found no India Law Library Docid # 2428357
(295) JAI PRAKASH JAISWAL AND ANOTHER Vs. THE OFFICIAL LIQUIDATOR AND OTHERS[CALCUTTA HIGH COURT] 05-08-2025 Civil Procedure Code, 1908 (CPC) — Section 80 — Notice to Public Officer — Applicability to Official Liquidator — Official Liquidator is a Public Officer under Section 2(17) of CPC — Suit against Official Liquidator requires two months' prior notice — Non-compliance leads to bar of suit unless leave granted under Section 80(2) — Withdrawal of suit with liberty to sue afresh under Order 23 Rule India Law Library Docid # 2428358
(296) SMITA JINA Vs. AMIT KUMAR JINA[DELHI HIGH COURT] 05-08-2025 Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 — Judgment on admissions — Power to pronounce judgment on admissions — Exercise of power requires clear, unambiguous, and unequivocal admissions — Admissions must leave no room for doubt or interpretation — Power to be exercised with circumspection India Law Library Docid # 2428359
(297) HUSSAIN AHMED Vs. STATE (NCT) OF DELHI[DELHI HIGH COURT] 05-08-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 415, 528 — Appeal against conviction and sentence — Penal Code, 1860 (IPC) — Sections 394/397/411/34 — Arms Act — Section 25 — Robbery with hurt and use of deadly weapon — Conviction upheld based on consistent ocular testimony, corroborative medical evidence, and recovery of weapon. India Law Library Docid # 2428360
(298) PUNAM GUPTA AND ANOTHER Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 05-08-2025 H.P. Land Revenue Act, 1954 — Section 163-A — Constitutional validity — Regularisation of encroachment on Government land — Section 163-A, which permits regularisation of encroachments on Government land, is manifestly arbitrary and unconstitutional. The provision allows for the legalisation of illegalities and contradicts the principal statute's aim of preventing and removing encroachments. Such a India Law Library Docid # 2428361
(299) SHIV KUMAR Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 05-08-2025 Constitution of India, Article 226 — Writ Petition — Public Employment — Compassionate Appointment — Termination of Service — Concealment of Material Fact — Petitioner claimed compassionate appointment following father's death in harness — Mother was already employed in government service — Petitioner did not disclose this fact in the application — Petitioner was appointed, served for a considerable period, and was even promoted — Authorities sought to terminate service India Law Library Docid # 2428347
(300) SMT. MYLAM KALPANA Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 05-08-2025 Penal Code, 1860 (IPC) — Sections 409, 477-A, 420 — Criminal breach of trust by public servant, Falsification of accounts, Cheating — For conviction under Section 409 IPC, property must be entrusted to the accused as a public servant and then misappropriated — Petitioner, a Stenographer, was not the custodian of cheques nor the authorized signatory for bank accounts — Allegations of misappropriation by fabricating cheques are unsubstantiated without evidence from bank officials or seizure India Law Library Docid # 2428348