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(61) STATE OF GUJARAT Vs. NIRMALABEN @ NIRU WD/O GOVINDBHAI DAHYABHAI[GUJARAT HIGH COURT] 08-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Principles governing appellate review — High Court empowered to review, reappreciate, and reconsider evidence — Requisite consideration of double presumption of innocence favoring the accused upon acquittal — Where two reasonable views are possible on the evidence, appellate court ordinarily refrains from interfering with trial court’s acquittal findings.
India Law Library Docid # 2426096

(62) LADDEV SAMPAT SOMANI Vs. JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Gujarat Provincial Municipal Corporation Act, 1949 — Section 141 — Property Tax — Levy and Demand — Challenge to property tax bills for the years 2013-2014 to 2023-2024 — Properties situated within Jamnagar Municipal Corporation limits — Initial challenge regarding period 2013-2014 to 2017-2018 withdrawn by Corporation — Focus on validity of levy and demand for 2018-2019 to 2023-2024 — Petitioners contend bills issued dehors the Act and Rules as assessment not completed
India Law Library Docid # 2426097

(63) BHABADWIP BORAH @ SRI BHABADUP BORAH AND ANOTHER Vs. STATE OF ASSAM AND AOTHER[GAUHATI HIGH COURT] 08-05-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Penal Code, 1860 — Sections 120B, 406, 420 — Quashing of criminal proceedings — Cheating (Section 420), Criminal Breach of Trust (Section 406), Criminal Conspiracy (Section 120B) — Agreement for sale of property — Non-execution of sale deed despite receiving advance payment — Concealment of prior mortgage on property — Applicability of criminal provisions versus civil dispute — Essential ingredient of cheating is fraudulent or dishonest in
India Law Library Docid # 2426147

(64) ATOWAR ALI Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 08-05-2025
Penal Code, 1860 — Section 302 — Murder — Dying Declaration — Evidence Act, 1872 — Section 32(1) — Balistic Evidence — Police Act, 1861 — Malkhana Register — Command Certificate — Absence of Motive — Direct Evidence — Credibility of eye-witness testimony and dying declarations supported by circumstantial evidence, including matching ballistics and recovery of weapon from accused, sufficient for conviction.
India Law Library Docid # 2426148

(65) MSTT. NOOR FATEH AND OTHERS Vs. ASSAM BOARD OF WAKF, GUWAHATI AND OTHERS[GAUHATI HIGH COURT] 08-05-2025
Wakf Act, 1985 — Section 83(9), 85, 3(r), 36(8), 37(3), 40, 112 — Wakf Act, 1954 — Section 4, 5, 6, 6A, 3(r) — Wakf property — Proof of — Suit for declaration and recovery of possession — Remand to Tribunal — Whether suit land is Wakf property — Conclusiveness of survey report and publication in Official Gazette under 1954 Act (Sections 4, 5) — Claim based on registration under 1954 Act and saving clause under 1995 Act (Section 112) — Whether subsequent registration or
India Law Library Docid # 2426149

(66) ON THE DEATH OF MUKUNDA CHANDRA DAS, HIS LEGAL HEIRS Vs. SMT. MEENA DEVI[GAUHATI HIGH COURT] 08-05-2025
Specific Relief Act, 1963 — Section 16(c) — Specific performance of contract — Readiness and willingness — Agreement for sale of land — Clause providing for mutual decision on value adjustment for increase or decrease in plot area upon demarcation — Demarcation revealing excess land — Plaintiff’s admission of unwillingness to pay for excess land as per agreement clause — This constitutes a failure to perform essential contractual obligation — Finding of plaintiff’s readiness and willingness
India Law Library Docid # 2426150

(67) UNITED INDIA INSURANCE CO. LTD. Vs. SOMVIR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Proof of Negligence — Evidentiary value of FIR and acquittal in criminal case — Insurance Company’s appeal against award dismissed — Contention that FIR was against unknown vehicle/driver and driver was later acquitted in criminal trial, rejected — Settled law that MACT decides claims on preponderance of probabilities, not strict rules of evidence, and outcome of criminal trial is not binding — Evidence recorded before Tribunal is to be g
India Law Library Docid # 2425628

(68) HARVINDER SINGH NAIN Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Service Law — Recruitment — Punjab Jails Department State Service (Class-III Executive) Rules, 1963 — Rule 7 Note 2 — Preference to Sportspersons — Interpretation and Application — Appellant (national level cricketer) applied for Assistant Superintendent Jails under General Category; advertisement (2010) omitted R.7 Note 2 which provided for preference to sportspersons otherwise eligible — Appellant secured 33.06 marks, last selected in General Category secured 44.11; appellant not in waiting li
India Law Library Docid # 2425629

(69) DHARAMPAL Vs. ARUN KHANNA[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Constitution of India — Art. 227 — Supervisory jurisdiction of High Court — Scope — Delay in disposal of appeal by lower appellate court — Direction for time-bound disposal sought by petitioner (appellant before lower court) in CR-2760-2025 — Rejected, as petitioner’s own counsel had been seeking adjournments before lower appellate court for over 3 years and had not pressed stay application — High Court observed it is not for it to run the roster of the lower appellate court — Petition
India Law Library Docid # 2425630

(70) YASHVIR SAINI Vs. SHAMSHER SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 07-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting aside ex parte decree — Sufficient cause for non-appearance — Petitioner-defendant’s plea of non-service and improper Munadi rejected — Concurrent findings of courts below upheld — Petitioner was served in a connected suit (Rambati v. Yashvir Saini) at address “250/20 Sainipura, Rohtak” and chose not to appear, thus deemed to have knowledge of instant suit by Shamsher Singh (consolidated with Rambati’s suit) where his address was given as “6
India Law Library Docid # 2425631

(71) MOHAMMAD TUFAIL AND OTHERS Vs. MUZAFFAR HUSSAIN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-05-2025
Civil Procedure Code, Svt. 1977 — Section 100 — Second Appeal — Admission of — Formulation of substantial question of law — A second civil appeal is eligible for admission for final hearing and disposal on merits only after formulating a substantial question of law
India Law Library Docid # 2425860

(72) ABDUL MAJID Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-05-2025
Jammu & Kashmir Land Revenue Act, 1939 — Section 11 — Appellate Powers of Collector — Exercise of Powers — Collector’s appellate jurisdiction under Section 11 is exercisable only against original or appellate orders of an Assistant Collector of either class, and only upon an appeal filed by an aggrieved individual, not suo moto.
India Law Library Docid # 2425861

(73) RAJ KUMAR SHARMA Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 07-05-2025
Criminal Procedure Code, 1973 — Section 227 — Discharge — Scope of inquiry — Judicial mind necessary to determine if a case is made out for trial based on prosecution material — Defence of accused not necessary at this stage — Trial Judge examines evidence to determine sufficiency of grounds to proceed — Prima facie suspicious circumstances based on investigation/documents suffice for framing charge — Accused has no right to produce material at charge framing unless demonstrating from charge-she
India Law Library Docid # 2425877

(74) NAND LAL Vs. DHIAN SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 07-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Legal liability — Principal and agent — Complainant, acting as agent for M/s A.M. Fruit Commission Agent, advances money to accused fruit grower, who issues cheque to complainant — Accused to send fruit to principal — Cheque dishonoured — Complaint filed by agent — Agent acting on behalf of a disclosed principal cannot personally enforce contracts entered into on principal’s behalf, absent contract to contrary — Transaction b
India Law Library Docid # 2425883

(75) STATE OF GUJARAT Vs. JITENDRABHAI @ JITU GOKLABHAI CHAUDHARI[GUJARAT HIGH COURT] 07-05-2025
Criminal Law — Offences affecting the human body — Kidnapping — Enticing — Consent of minor — Section 361, Penal Code: Enticement or taking away of a minor from lawful guardianship without consent, essential for kidnapping; however, if minor accompanies willingly due to love affair and against parental wishes, and there is no proof of threat or coercion, the element of “against the will of the lawful guardian” may not be established in the context of seduction or elopement based on mutual affect
India Law Library Docid # 2425975

(76) LH OF DECD SHASHIKANT GANPATBHAI PATEL AND OTHERS Vs. KRUNAL BHARATBHAI PATEL AND ANOTHER[GUJARAT HIGH COURT] 07-05-2025
Civil Procedure Code, 1908 — Section 96 — First Appeal — Suit for declaration, permanent injunction and cancellation of sale deed – Dismissal by trial court – Challenge to relinquishment deed (termed as partition deed), revenue entries, and subsequent sale deed – Trial court’s appreciation of evidence upheld
India Law Library Docid # 2425976

(77) THE STATE OF MADHYA PRADESH AND OTHERS Vs. SHIVNATH SINGH KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 06-05-2025
Payment of Gratuity Act, 1972 — Section 2(e) — Definition of “Employee” — Applicability to State Government Employees Absorbed from Panchayat Service — The exclusion of State Government employees from the definition of “employee” under Section 2(e) of the Payment of Gratuity Act, 1972, applies only if such employees are governed by any other Act or Rules providing for payment of gratuity — Teachers (Shiksha Karmis/Adhyapaks) initially appointed in Panchayats and subsequently absorbed into the St
India Law Library Docid # 2425573

(78) MAMTA BAI AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 06-05-2025
Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 — Sections 2(d), 3(3) & 3-A — Rule 9 (Rules of 2008) — Rights of Lease Holders (Patta Holders) — Lease holders (patta holders) under the Adhiniyam, 1984, are conferred with a ‘right to use’ the land for dwelling and are not “land owners” for the purpose of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Their rights are g
India Law Library Docid # 2425574

(79) VINOD KUMAR Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Punjab Police (Haryana Amendment) Rules, 2015 — Rule 12.18(3)(b) — Denial of appointment to candidate against whom charges framed for offences involving moral turpitude or punishable with imprisonment for three years or more — Validity — Rule 12.18(3)(b) is not ultra vires the Act or the Constitution of India — The Rule, framed under Art. 309 of Constitution r/w Section 92 Haryana Police Act, 2007, comprehensively considers eligibility criteria including character and antecedents for police serv
India Law Library Docid # 2425627

(80) ANAND KUMAR KASHYAP Vs. UNION OF INDIA[CHHATTISGARH HIGH COURT] 06-05-2025
Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 348 — Criminal Procedure Code, 1973 — Section 311 — Summoning of material witness — Examination of person present — Power of Court — Scope and object is to enable Court to determine truth and render just decision by discovering all relevant facts and obtaining proper proof — Wide discretionary power conferred on courts may be exercised at any stage of inquiry, trial, or other proceeding, even after evidence closure — Court can summon any person,
India Law Library Docid # 2425688