(361) UNION OF INDIA Vs. M/S G.P. SALES CORPORATION[GAUHATI HIGH COURT] 16-05-2025 Railway Claims Tribunal Act, 1987 — Section 23(2) — Appeal — Consent Decree — Tribunal’s finding indicating agreement on price per bag of damaged cement, not complete settlement of dispute — Not construed as a consent decree barring appeal under Section 23(2) India Law Library Docid # 2426142
(362) NATIONAL INSURANCE CO. LTD. Vs. SUBODH KANTI MAJUMDAR AND OTHERS[GAUHATI HIGH COURT] 16-05-2025 Motor Vehicles Act, 1988 — Compensation — Assessment — Deceased bachelor — Deduction for personal expenses — Appeal against Tribunal’s award deducting one-third from deceased’s income — Deceased was bachelor (30 years 11 months) — Apex Court judgments mandates 50% deduction for personal expenses in case of bachelor where parents are claimants — Multiplier 17 appropriate for deceased aged 30 years 11 months — Recalculation of compensation by applying 50% deduction results in reduced awarded amoun India Law Library Docid # 2426143
(363) MANISH VERMA Vs. BRIJ MOHAN PATEL AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 16-05-2025 Contempt of Courts Act, 1971 — Sections 10, 12, 15 — Criminal Contempt — Initiating Proceedings — Maintainability — Requirement of Consent — A private person cannot initiate criminal contempt proceedings without obtaining prior written consent from the Advocate General or requesting the High Court to take suo motu action by placing information before it — When such consent is not obtained, the petition is not maintainable. India Law Library Docid # 2427791
(364) JAGDISH CHANDRA CHAWDA AND OTHERS Vs. SCHOOL EDUCATION DEPARTMENT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-05-2025 Service Law — Pay and Allowances — Advance Increments — Two advance increments for acquiring B.Ed/D.Ed/B.T.I Diploma — Entitlement of teachers appointed before 16.06.1993 who obtained D.Ed diploma with departmental permission during service — Circulars dated 21.09.1974 and 24.12.1998 govern such cases — Amended Recruitment Rules of 16.06.1993 and subsequent orders India Law Library Docid # 2427805
(365) ANANDSWAROOP AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 16-05-2025 Civil Procedure Code, 1908 — Execution of Decree — Limitation — Article 136 of Limitation Act, 1963 — A civil court decree must be executed within 12 years. India Law Library Docid # 2427806
(366) MOHAMMAD BASHIR Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 15-05-2025 Prevention of Corruption Act, 1988 — Section 5(2) read with Section 5(1)(e) — Offence of criminal misconduct (disproportionate assets) — Successive FIRs — Validity of registration — Abuse of process — Earlier FIR investigating same type of allegations closed as “Not Proved” after investigation and closure report accepted by Special Court — Impugned second FIR registered on same allegations of disproportionate assets, overlapping investigated properties India Law Library Docid # 2425864
(367) JYOTI SWARUP SHARMA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Rule 14 — Disciplinary proceedings — When commenced — Pendency of disciplinary/criminal proceedings — Sealed cover procedure — Promotion — Withholding of promotion: Disciplinary proceedings commence only upon issuance of the charge-memo/charge-sheet, not prior thereto — Sealed cover procedure for promotion of an employee can be adopted only when a charge-memo/charge-sheet has been issued or criminal prosecution is pending India Law Library Docid # 2425871
(368) MOHAN SINGH ALIAS BABU RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Criminal Procedure Code, 1973 — Section 397 — Revision — Scope of Interference — Concurrent Findings — Revisional court’s jurisdiction to rectify patent defects, errors of jurisdiction, or law — Not to dwell at length upon facts and evidence to reverse findings — Limited scope of interference; not to be exercised in a routine manner. India Law Library Docid # 2425873
(369) M/S. VADSP PHARMACEUTICALS AND OTHERS Vs. UNION OF INDIA[HIMACHAL PRADESH HIGH COURT] 15-05-2025 Drugs and Cosmetics Act, 1940 — Section 34 — Offences by companies — Vicarious liability of Directors/Officers — Essential ingredients are that the person was in charge of and responsible to the company for the conduct of its business at the time of the offence — Mere designation as Director/Officer is insufficient; specific averments showing role and responsibility are mandatory — Complaint must clearly spell out how and in what manner the individual accused was India Law Library Docid # 2425876
(370) FULEKAR MINJ Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 15-05-2025 Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Fratricide — Land dispute as motive — Extra-judicial confession — Admissibility of confession to Police Officer — Evidence Act, 1872 — Sections 25, 26 & 27 — Accused found present at place of occurrence — Recovery of weapon — Appreciating circumstantial evidence — Requirements for conviction based on circumstantial evidence — Chain of circumstances — When two views are possible — Benefit of doubt — Prosecution case based on circ India Law Library Docid # 2426136
(371) GOLJAR UDDIN AHMED @ RAJU AND OTHERS Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 15-05-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(c) — Possession of commercial quantity of psychotropic substance — Evidence — Seizure witnesses turned hostile or did not corroborate investigating officer — Non-production of seized contraband and samples — Essential requirement is proving possession of contraband beyond reasonable doubt — Sole testimony of police official requires corroboration from independent sources, especially when not supported by production of seized artic India Law Library Docid # 2426137
(372) 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
(373) 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
(374) KAMAL SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 15-05-2025 Service Law — Suspension — Competent Authority — Madhya Pradesh Rajya Mandi Board Seva Viniyam, 1998, Rule 35 & Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, Section 42-D(4) — The Managing Director of the Board has the power of superintendence and control over all officers and employees — If the appointed authority (Additional Director) is transferred and the post is vacant, the Managing Director can exercise the power to suspend an employee under Section 42 India Law Library Docid # 2427807
(375) 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
(376) 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
(377) 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
(378) 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
(379) SURESH KUMAR YADAV AND ANOTHER Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 14-05-2025 Criminal Law — Acquittal — Appeal against — Standard of Review — A judgment of acquittal should not be interfered with unless the assessment of evidence and the conclusion drawn by the trial court are unreasonable, erroneous, or perverse — Reversal is not justified merely because an appellate court’s view might differ, or two reasonable views are possible. India Law Library Docid # 2427808
(380) M/S PRAKASH ALSPHALTINGS Vs. COMMERCIAL TAX OFFICER AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 14-05-2025 Madhya Pradesh Commercial Tax Act, 1994 & Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 — Applicability to Build-Operate-Transfer (BOT) Contracts — “Works Contract” — Deferred Consideration as “Sale” — The Court held that BOT contracts for road construction, where the contractor recovers costs through toll collection, fall within the definition of “works contract” and are liable for commercial tax and entry tax — The right to collect toll from users India Law Library Docid # 2427809