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(381) M/S SOM DISTILLERIES PVT. LTD. Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT] 14-05-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Quashing of Order — Principles of Natural Justice — Supply of information — Opportunity of hearing — An order passed by a government authority, such as the Principal Secretary, is liable to be quashed if it violates the principles of natural justice, particularly when the petitioner is denied the opportunity to make an effective representation due to the non-supply of relevant information essential for presenting their case and meeting
India Law Library Docid # 2427810

(382) K.J.S. CEMENT LIMITED Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 14-05-2025
Land Acquisition Act, 1894 — Sections 39, 40, 40(1)(a), 41, 43, 44(b) — Acquisition of Land for Companies — Purpose of Acquisition — Railway Siding Track — Dwelling Houses for Workmen — Agreement with Government — Applicability of Sections 39-42. The Land Acquisition Act, 1894 mandates that land acquisition for private companies is generally restricted to specific purposes, such as
India Law Library Docid # 2427811

(383) SUBHASH CHAND AND OTHERS Vs. BHUPINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Suo motu power of Court — Application by defendant not mandatory — Presence of all defendants or even one defendant not necessary — Court’s inherent power to reject plaint at threshold if barred by law, based solely on plaint averments and annexed documents — Absence of proforma defendant inconsequential for Order 7 Rule 11 determination — Rejection of plaint where suit appears
India Law Library Docid # 2425874

(384) MADAN KISHORE AND OTHERS Vs. COL. SUDHIR SEWAL (DECEASED) THROUGH LRS.[HIMACHAL PRADESH HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 115 — Revision — Assailing order of Executing Court dismissing objections — Permissibility — Objectors re-agitating issues already settled up to Supreme Court — Not permissible — Petitions dismissed.
India Law Library Docid # 2425875

(385) STATE OF GUJARAT Vs. HARISHBHAI KANJIBHAI SATVARA[GUJARAT HIGH COURT] 13-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Scope of Appellate Interference — Re-appreciation of evidence — Principles reiterated: Appellate court has full power to review, re-appreciate, and reconsider evidence, without limitations under CrPC; can reach its own conclusions on fact and law; expressions like “substantial and compelling reasons” are linguistic flourishes, not curtailing power;
India Law Library Docid # 2426051

(386) ON THE DEATH OF BHUBAN MOHAN DAS, HIS LEGAL HEIRS SMT. LAKSHMI PRABHA DAS AND OTHERS Vs. ON THE DEATH OF LATE SAMARESH BANERJEE HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — Formulation of substantial questions of law is determined by ascertaining foundational facts from pleadings, issues framed, and court findings — Insufficient foundational facts preclude a substantial question of law
India Law Library Docid # 2426133

(387) SMTI. SANTI DEVI AND OTHERS Vs. ON THE DEATH OF WALLUS SAHID HIS LEGAL HEIRS[GAUHATI HIGH COURT] 13-05-2025
Civil Procedure Code, 1908 — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent findings of fact by Trial Court and First Appellate Court — Perversity — Second appellate court exercising jurisdiction under Section 100 CPC should not disturb concurrent findings of fact unless found to be perverse — Decision is perverse if arrived at by ignoring or excluding relevant material, taking irrelevant material, or if findings outrageously defy logic or are based on no evidence or th
India Law Library Docid # 2426134

(388) MADHAB KRISHNA GOSWAMI Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 13-05-2025
This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Sri Madhab Krishna Goswami, praying for quashing of the criminal proceedings of PRC Case No. 100/2023, pending before the Court of the learned Sub-Divisional Judicial Magistrate(M), Jonai. The aforesaid PRC Case
India Law Library Docid # 2426390

(389) SHRI. BHARAT BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 13-05-2025
This criminal appeal under Section 374, Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against the Judgment and Order dated 03.11.2017, passed by the Court of learned Sessions Judge, Jorhat in Sessions Case no. 18 [J-J] of 2011, whereby the accused-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine,
India Law Library Docid # 2426391

(390) SALEEM KHAN AND OTHERS Vs. NIZAM AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 13-05-2025
Constitution of India, 1950 — Seventh Schedule — List III (Concurrent List) — Item No. 5 (Wills, Intestacy and Succession) — Seventh Schedule — List II (State List) — Item No. 18 (Agricultural Land) — M.P. Land Revenue Code, 1959 — Section 164 — Muslim Personal Law (Shariat) Application Act, 1937 — Section 2 — Inheritance of agricultural land by Muslims — Rule of decision — Both Union and State Legislatures can enact laws on succession — The Muslim Personal Law (Shariat) Application Act, 1937 (C
India Law Library Docid # 2427812

(391) KAMLESH BABU SHAKYA Vs. RAKESH BABU SHAKYA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 13-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 8 — Dismissal for non-appearance — “Hearing” — A suit can only be dismissed under Order 9 Rule 8 CPC if it was fixed for “hearing” and the plaintiff did not appear — A date fixed solely for payment of process fee is not considered a date of “hearing” for the purpose of Order 9 Rule 8 CPC, even if the plaintiff is also absent on that day.
India Law Library Docid # 2427813

(392) HARI KEERTAN SHAH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 13-05-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction and sentence — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14-A — The appellant challenged the judgment of a Special Judge convicting and sentencing him under various provisions of the IPC, POCSO Act, and SC/ST Act — The High Court, upon considering the evidence, found that the acts proven fell under Section 7 of the POCSO Act (sexual assault) rather than
India Law Library Docid # 2427814

(393) MEENA BHABHAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 13-05-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Mukhya Mantri COVID-19 Yoddha Kalyan Yojna — Compensation — Rejection of claim — Government employee dying from COVID-19 while on duty during the pandemic — High Court setting aside rejection order and directing payment of compensation — The Court emphasized that State authorities should adopt a broad and compassionate approach, considering the suffering of families of deceased employees who lost their lives while performing duty du
India Law Library Docid # 2427815

(394) DHARAM CHAND Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-05-2025
Criminal Procedure Code, 1973 — Section 173(8) — Further investigation after submitting report/taking cognizance — Power of Magistrate — Magistrate can suo motu direct police to conduct further investigation even after taking cognizance of a report under Section 173(2) — Rationale rooted in ensuring proper and fair investigation and serving the ends of justice under Article 21 of the Constitution — Overruling previous contrary judgments
India Law Library Docid # 2425868

(395) BHUPENDRA KUMAR DHANKAR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 09-05-2025
Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 — Rule 9 — Discipline and Control — Disciplinary Authority for Major Punishment — Regularized Shiksha Karmi — Termination of services — Major punishment — Rule 9 mandates that the General Administration Standing Committee of the Janpad Panchayat is the disciplinary authority for awarding major punishment to regular employees — Chief Executive Officer lacks jurisdiction to impose major punishment of terminat
India Law Library Docid # 2425681

(396) MANOJ KUMAR SONI Vs. DIRECTORATE OF ENFORCEMENT[CHHATTISGARH HIGH COURT] 09-05-2025
Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Scope and application — Constitutional mandate of Article 21 — Right to speedy trial — Long incarceration — Section 45 imposes additional conditions for bail but does not create an absolute prohibition — Detention without reasonable prospect of timely trial infringes Article 21 — Applicability of twin conditions must yield to constitutional right to liberty and speedy trial in cases of long incarceration not attri
India Law Library Docid # 2425682

(397) TIRTHRAJ AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Charge — Framing of — Quashing of consequential charge-sheet — Applicant (Sub-Divisional Officer/Land Acquisition Officer) facing charges under various IPC sections including cheating and forgery read with conspiracy and criminal intimidation — Impugned order framing charges against applicant challenged — FIR and witness statements initially not naming applicant — Applicant’s name appearing in charge-sheet and prosecution sanction order alleging conspiracy and use
India Law Library Docid # 2425683

(398) STEEL AUTHORITY OF INDIA LIMITED (BHILAI STEEL PLANT) MAHAMAYA DULKI IRON AND MINES AND OTHERS Vs. THE REGIONAL OFFICER CHHATTISGARH ENVIRONMENT CONSERVATION BOARD[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Quashing of criminal proceedings — Abuse of process of law — Exercise of inherent powers proper where allegations in FIR/complaint, even if taken at face value, do not prima facie constitute any offence or where uncontroverted allegations/supportive evidence do not disclose commission of offence — Magistrate’s order summoning accused must reflect application of mind to facts and law, and examine nature of allegations and evidence fo
India Law Library Docid # 2425684

(399) MANOJ KUMAR SONI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Regular Bail Application — Police Station ABC/EOW, Raipur KNo 01/2024 — Offences under Sections 409, 120-B IPC read with Sections 11, 13(1)(a), and 13(2) of the Prevention of Corruption Act, 1988 — Long incarceration and delay in commencement of trial — Speedy trial as a facet of fundamental right to life under Article 21 of the Constitution of India — Gravity of crime not an inviolable bar to bail in case of speedy trial violation — Section
India Law Library Docid # 2425685

(400) RAVINDER SINGH AND OTHERS Vs. STATE AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 09-05-2025
Jammu and Kashmir Control of Building Operation Act, 1988 — Section 7(1), 7(3), 12(1), 13 — Building Operations Regulations, 1998 — Regulation 11 — Unauthorized construction — Violation of sanctioned plan — Municipal Authorities — Notice for demolition — Challenge before Tribunal — Initial dismissal of appeal for major non-condonable violations (setbacks, ground coverage exceeding 10%) under Regulation 11(2)(ii) and (iii) — Subsequent application for rehearing and modification order — Rehearing
India Law Library Docid # 2425862