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(481) RAVINDER SINGH Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 (IPC) — Sections 279 & 304-A — Rash and negligent driving causing death — Sentence — Reduction — Accused convicted under Ss. 279/304-A IPC for causing death of two persons by rash and negligent driving of truck in 1999; conviction upheld in appeal (2008) — Revision petition heard after 25 years from FIR — Accused had no criminal antecedents — Relying on Gurmukh Singh (CRR No.2168-2014) where sentence was reduced considering prolonged trial and compensation paid, and considering
India Law Library Docid # 2425621

(482) DARSHNA DEVI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 — Murder by setting deceased on fire — Conviction upheld — Prosecution case based on dying declaration (Ex.PG) of deceased Balbir Chand (recorded by ASI after deceased was declared fit by doctor, though doctor not examined) and testimony of two eyewitnesses, PW-2 Shiv Dayal (deceased’s cousin who accompanied him to accused Darshna Devi’s house) and PW-6 (neighbour who saw incident from rooftop) — Both eyewitnesses consistently stated that accused (deceased’s estran
India Law Library Docid # 2425622

(483) RAJNI Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 r/w Section 34 — Murder by chemical burns — Conviction upheld — Accused Rajni, aggrieved by removal from job by deceased’s brother-in-law (Vivek Rawat), along with co-accused (driver Rakesh Kumar and two other females, tried as juveniles and acquitted), abducted deceased (Sunil Rawat, Vivek’s brother) in a Maruti van, poured acid on him, and left him — Deceased died of chemical burns — Testimony of complainant PW10 (Sanjay Rawat, deceased’s 16-year-old brother), an
India Law Library Docid # 2425623

(484) STATE OF CHHATTISGARH Vs. GULJAR SINGH[CHHATTISGARH HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Approach of appellate court — Normal presumption of innocence reinforced by acquittal — Slow to interfere if two views possible — Appellate court to first ascertain if trial court findings palpably wrong, manifestly erroneous, or demonstrably unsustainable before reappraising evidence — Reappraisal only if acquittal order cannot be sustained due to such infirmities — Mere possibility of a different view on reappraisal is no
India Law Library Docid # 2425691

(485) MANOJ KUMAR AND OTHERS Vs. RAM MILAN SINGH AND OTHERS[CHHATTISGARH HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal — Motor Accidents Claims Tribunal Award — Challenges to — Award of lump-sum amount of Rs. 75,000/- on all heads to deceased’s major, married, and earning sons — Claimants are sons of deceased retired BSNL employee drawing monthly pension — Tribunal held claimants not dependent on deceased’s pension for loss of dependency compensation as they were married and aged 40 and 38 years respectively — Awarded lump sum for loss of father’s love and affectio
India Law Library Docid # 2425692

(486) VINEET KUMAR AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 02-05-2025
Penal Code, 1860 — Sections 363/34, 366/34, 376D, 506/34 — Protection of Children from Sexual Offences Act, 2012 — Section 6 — Information Technology Act, 2000 — Section 67-B — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(v) — Offences under — Conviction and Sentence — Appeals against — Grounds challenging reliability of prosecutrix statement, delay in FIR, age of prosecutrix, caste of prosecutrix, DNA report, failure to examine seized mobile phones a
India Law Library Docid # 2425693

(487) SMT. TANUJA Vs. DINESH KUMAR[CHHATTISGARH HIGH COURT] 02-05-2025
Family Courts Act, 1984 — Section 19(1) — Appeal against dismissal of application for retrieval of Stree-dhan — Application for return of Stree-dhan filed by wife — Husband ex-parte — Family Court observed parties are members of Scheduled Tribe and Hindu Marriage Act is inapplicable — Section 27 of Hindu Marriage Act not applicable for a separate application and is only at time of divorce decree — Application not falling within Family Court jurisdiction under Section 7 of Family Court Act, 1984
India Law Library Docid # 2425694

(488) JASINDER PAL SINGH Vs. GURMEET SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation for injuries — Enhancement — Claimant aged 48, engaged in dairy farming, suffered multiple injuries and 60% permanent disability in motor accident — Tribunal awarded Rs. 2,60,000/- — On appeal, High Court enhanced compensation to Rs. 11,66,854/- — Income assessed at Rs. 2,100/- p.m. (minimum wages for skilled worker), future prospects @ 25% added, giving annual income of Rs. 31,500/- — Loss of future earning due to 60% disability taken as Rs.
India Law Library Docid # 2425699

(489) NIRMAL KUMAR Vs. SUDESH KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition for enhancement of compensation — Appellant (skilled automobile mechanic, aged 24) suffered 80% permanent disability due to left leg amputation (mid-thigh) in motor accident — Tribunal awarded Rs.3,25,000/- — High Court enhanced compensation based on re-assessment of income and application of settled principles — Monthly income reassessed from Rs.2500/- to Rs.2800/- (minimum wage for skilled worker in
India Law Library Docid # 2425700

(490) MOHD. AFZAL BEIGH Vs. NOOR HUSSAIN[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Bharatiya Nagrik Suraksha Sanhita, 2023 — Section 528 — Quashment of orders — Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Complaint procedure — Order directing issuance of pre-cognizance notice and subsequent non-bailable warrant of arrest challenged — Contention is that procedure under NI Act, particularly Section 142, is exclusive and issuance of such notices/warrants is unwarranted.
India Law Library Docid # 2425848

(491) ISHRI Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Civil Procedure Code, 1908 — Order VII Rule 11 — Rejection of plaint — Land Revenue Act, 1860 (J&K) — Section 139 — Bar of civil court jurisdiction — Eviction proceedings before Revenue Officer — Maintainability of suit challenging Revenue Officer’s orders — Land Revenue Act provides exclusive machinery and remedies for matters within Revenue Officer’s cognizance, including eviction under Section 133 — Section 139 expressly bars jurisdiction of civil courts in such matters — Civil suit challengi
India Law Library Docid # 2425849

(492) VIPAN KUMAR Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Jammu and Kashmir Lambardari Act, 1972 / Jammu and Kashmir Lambardari Rules, 1980 — Lambardar Appointment — Temporary Appointment — Procedure — Requirement for equal opportunity — Though Rule 11 does not mandate notification for temporary appointment, providing equal opportunity to all interested candidates is inherent in the power to make such appointments — Dissemination of information regarding intention to make temporary appointment is essential for ensuring equal participation and preventin
India Law Library Docid # 2425850

(493) PREHLAD SINGH Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Administration of Justice — Judicial Orders — Requirement of Reasons — Essentiality — Reasons are the soul of a judgment and absence thereof amounts to non-application of mind and renders the order unsustainable — Adjudicating authority must disclose due application of mind through recorded reasons, benefiting litigants and higher courts by providing lucidity and foundation for conclusions and avoiding uncertainty — Legitimate expectation of a litigant to know
India Law Library Docid # 2425851

(494) POLLI DEVI AND OTHERS Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Motor Vehicles Act, 1988 — Compensation — Assessment of — Principles governing — Age and Income — Deceased driver’s age recorded as 45 in post-mortem report — Claimants’ assertion of 38 years without documentary proof insufficient to override post-mortem finding — (Para 13)

B. Motor Vehicles Act, 1988 — Compensation — Assessment of — Principles governing — Multiplier — Deceased aged 45, self-employed — Appropriate multiplier for loss of dependency is 14, not 13 as applied by Tribunal
India Law Library Docid # 2425852

(495) RAJINDER KUMAR Vs. STATE OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Penal Code, 1860 — Section 376 — Rape — Essential ingredients – Consent — Allegation of physical relationship maintained for seven years — FIR lodged only after petitioner refused marriage proposal — Complainant admittedly a major at the time of the initial alleged incident — Continuation of physical relationship for a prolonged period without prior complaint suggests consensual nature, not vitiating consent by misconception of fact based on a false promise of marriage at the inception — When al
India Law Library Docid # 2425853

(496) STATE/CENTRAL BUREAU OF INVESTIGATION Vs. BHUSHAN LAL OGRA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Criminal Procedure Code (Cr.P.C.), 1973 — Section 311 — Power to summon material witness — Rejection of application to recall witness to prove G.E.Q.D. opinion — Prosecution witness (G.E.Q.D.) expired, replacement witness summoned — Replacement witness appeared but could not be examined due to inability to locate document/record — Trial court closed evidence and dismissed application for recalling witness citing delay and attempt to fill lacunae — High Court finds witness essential to prove alle
India Law Library Docid # 2425854

(497) POLLI DEVI AND OTHERS Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Motor Vehicles Act, 1988 — Compensation — Assessment — Contributory negligence — Absence of proof — Where positive evidence led by claimants proves accident due to rash and negligent driving of offending vehicle, absence of any eye witness or evidence from Insurance Company to prove contributory negligence of deceased driver warrants rejection of plea of contributory negligence.
India Law Library Docid # 2425855

(498) BHAGAT RAM Vs. J&K SPECIAL TRIBUNAL AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Jammu and Kashmir Agrarian Reforms Act, 1976 — Sections 2(17), 4, 8, 21, 28-A, 40 — J&K Agrarian Reforms Rules, 1977 — Rule 12 — “Tiller” status — Conferment of ownership rights — Challenge to gift deed and claim of ownership by contesting respondents, ultimately unsuccessful, does not extinguish or merge their status as “protected tenants” or “tillers” if revenue records and evidence support such continuous possession since Kharif 1971.
India Law Library Docid # 2425856

(499) SUBASH CHANDER AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Civil Procedure Code, 1908 — Section 151 — Clubbing of Petitions — Analogous Issues — Two separate writ petitions involving similar and analogous issues of service benefits and retiral settlement are clubbed and disposed of by a common judgment and order for efficiency and consistency.
India Law Library Docid # 2425857

(500) VANSHAJ AZAD AND OTHERS Vs. BAR COUNCIL OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 02-05-2025
Advocates Act, 1961 — Section 24(1)(f) — Bar Council of India Rules — Enrollment fees — Charging of excessive fees by State Bar Councils beyond statutory limit — Validity — Supreme Court in Gaurav Kumar Vs. Union of India’ holding such excess fee charging as bad in law, contravening Section 24(1)(f) and Articles 14 & 19(1)(g) of the Constitution
India Law Library Docid # 2425933