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(601) M/S HINDUSTAN STEEL WORKS CONSTRUCTION LTD. (HSCL) Vs. SMT. KALYANI DEBNATH AND OTHERS[TRIPURA HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Order 8 Rule 3 and Section 151 — Court Fees Act, 1870 — Section 13 — A trial court's judgment can be set aside on appeal if it misconstrues the pleadings of a party and fails to properly consider the evidence presented — Appeal against a money decree was allowed, the trial court's judgment was set aside due to its erroneous interpretation of the defendant's denial in the written statement and its failure to consider all documentary evidence, leading to the matter bei
India Law Library Docid # 2423470

(602) SMTI TAKARI YADAV WIFE AND OTHERS Vs. PRADEEP KUMAR VERMA AND OTHERS[GAUHATI HIGH COURT] 04-03-2025
Transfer of Property Act, 1882 — Section 53A — Civil Procedure Code, 1908 — — Order 9 Rule 9 and Order 1 Rule 8 — Limitation Act, 1963 — Article 64 — Appeal against the judgment and decree in a suit instituted by the executive committee of an unregistered body — The High Court considered whether the suit was barred due to the dismissal of an earlier suit, and by limitation — The court examined whether the plaintiff had the right to sue on behalf of the unregistered Grahambazaar Puja Committee un
India Law Library Docid # 2423502

(603) ISHWAR CHANGMAI Vs. KANAKLATA GOGOI AND OTHERS[GAUHATI HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Section 100 — Appeal filed, challenging the judgment and decree in a suit for recovery of possession — The High Court considered whether substantial questions of law were involved, particularly concerning a counterclaim for adverse possession raised by defendants who did not file the appeal — The court examined the claim of the appealing defendant (defendant No. 3) regarding tenancy and their right to remain in possession.
India Law Library Docid # 2423503

(604) KELENG PATOR Vs. GHANA KANTA SAMUA[GAUHATI HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Section 104, Order 43 Rule 1(u), Order 41 Rule 25, Order 41 Rule 26A — Evidence Act, 1872 — Section 101 — Appeal against the First Appellate Court's order setting aside the Trial Court's decree and remanding the suit — The High Court considered the burden of proof for establishing fraudulent execution of sale deeds and the improper framing of additional issues related to possession and mutation by the First Appellate Court — The court emphasized that the burden of pr
India Law Library Docid # 2423504

(605) DR. DOMA T. BHUTIA Vs. UNION OF INDIA AND ANOTHER[SIKKIM HIGH COURT] 04-03-2025
Income Tax Act, 1961 — Section 10 (26AAA) — Finance Act, 2023 — The amended definition of "Sikkimese" under Section 10(26AAA) of the Income Tax Act, 1961, by the Finance Act, 2023, is specifically for income tax purposes and does not impinge upon the rights and privileges reserved for indigenous Sikkimese under Article 371F(k) of the Constitution of India — The High Court of Sikkim dismissed a Public Interest Litigation (PIL) challenging the vires of Explanation (v) to clause (26AAA) of section
India Law Library Docid # 2423537

(606) MURARI RAI AND OTHERS Vs. THE STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 04-03-2025
Penal Code, 1860 (IPC) — Sections 363, 366A and 120B — Kidnapping — Taking a minor girl away from the lawful guardianship without the guardian's consent constitutes kidnapping under Section 363 and the minor's consent is irrelevant in law — The High Court dismissed the criminal appeal against the conviction under Section 363 Code for kidnapping a minor girl — The court upheld the conviction, finding that the victim was under 18 and was taken away without her father's consent, but reduced their
India Law Library Docid # 2423573

(607) DEEPAK KUMAR @ DEEPAK SAH Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 04-03-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Cognizance Order under Section 482 CrPC — A High Court can exercise its power under Section 482 CrPC to quash a cognizance order if the allegations in the complaint do not prima facie constitute an offence, or the proceedings are manifestly attended with mala fides or an ulterior motive.
India Law Library Docid # 2423594

(608) RAJKUMAR GUPTA @ RAJ SAHU AND OTHERS Vs. HIRA LAL SAHU AND OTHERS[JHARKHAND HIGH COURT] 04-03-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(a) and 11(d) — A plea of res judicata for rejection of a plaint under Order 7 Rule 11(d) cannot be decided solely based on the plaint's averments and requires consideration of pleadings, issues, and judgments from the former suit — The High Court dismissed a petition seeking to quash a trial court order that rejected the defendants' application for rejection of a plaint under Order 7 Rule 11(a) and (d) based on res judicata — The court held that det
India Law Library Docid # 2423572

(609) KAPIL KASANA Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 04-03-2025
National Security Act, 1980 — Section 3(2) — A detention order under the National Security Act, 1980 must reflect the independent subjective satisfaction of the detaining authority and distinguish between a mere law and order problem and a disturbance of public order — This Habeas Corpus Writ Petition challenges a detention order passed under Section 3(2) of the National Security Act, 1980 — The court quashed the detention order, finding it to be a non-speaking order lacking the District Magistr
India Law Library Docid # 2423699

(610) PRAVEEN KUMAR AGARWAL Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 04-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Allahabad High Court Rules, 1952 — Rules 2 and 3(4) of Chapter XVIII of Part III — Allahabad High Court Rules, 1952 mandate that a convicted person sentenced to imprisonment must surrender before filing a criminal revision under Sections 397 and 401 CrPC, unless specifically exempted by the Court — This Criminal Revision was found to be not maintainable because the revisionist did not surrender before the concerned court after the dis
India Law Library Docid # 2423700

(611) SHIV SHANKAR Vs. MANISHA ANEJA @ JASPREET KAUR[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Hindu Marriage Act, 1955 — Section 13-B(2) — Divorce by Mutual Consent — Waiver of Six Months Statutory Period for Second Motion — Petitioners married in Nov 2019, separated since July 2020 (over 4 years 5 months) — Filed joint petition under S.13-B — First motion recorded, part maintenance paid — Application to waive six months waiting period for second motion dismissed by Family Court — Revision petition filed under Article 227 of Constitution
India Law Library Docid # 2423893

(612) BALWINDER SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Penal Code, 1860 — Section 304-A — Rash and Negligent Driving — Sufficiency of Evidence — Eyewitness Testimony vs. Witness Volte-face — Conviction under S.304-A upheld based on consistent and categorical testimony of eyewitness police officers (PW-8, the complainant ASI who knew the accused driver previously, and PW-6, another police witness) establishing rash and negligent driving (driving bus on wrong side, hitting scooter) leading to death of two persons — Such evidence is sufficient and reli
India Law Library Docid # 2423894

(613) KRISHAN @ KISHAN Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Penal Code, 1860 (IPC) — Sections 324, 326, 506 — Sufficiency of Evidence — Ocular Testimony & Medical Corroboration — Conviction under Sections 324, 326, 506 IPC upheld where the ocular account of the injured complainant (PW-1) regarding assault with a knife was fully supported by another eyewitness (PW-2) and substantially corroborated by medical evidence — The doctor’s opinion classifying one injury as grievous and opining that the injuries could not be ruled out as having been caused by a kn
India Law Library Docid # 2423895

(614) M/S. VISHNU TRADING AND OTHERS Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Essential Commodities Act, 1955 — S. 7, 12AA — Fertilizer (Control) Order, 1985 — Clause 19(1)(a), (c), (v) — Probation of Offenders Act, 1958 — S. 3, 4; CrPC — S. 361 — Release on Probation — Conviction under S.7 EC Act for contravention of FC Order (selling non-standard fertilizer) upheld against manufacturer, distributor, and their responsible persons — However, considering mitigating factors including no prior criminal antecedents of the individual appellants, their advanced age, and the ext
India Law Library Docid # 2423896

(615) PATEL INFRASTRUCTURE PVT. LTD. AND OTHERS Vs. JASWINDER KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Motor Vehicles Act, 1988 — Section 149(2)(a)(ii) — Fake Driving Licence — Breach of Policy Condition — Burden of Proof — Due Diligence by Owner — Recovery Rights — The burden lies squarely on the Insurance Company to plead and prove that the owner of the insured vehicle committed a willful breach of the policy condition by knowingly employing a driver with a fake licence or by failing to exercise reasonable due diligence while employing the driver — Merely proving that the driver’s licence was f
India Law Library Docid # 2423897

(616) RAJENDER PARSHAD AND OTHERS Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-03-2025
Prevention of Corruption Act, 1988 — Section 17-A — Sanction for Enquiry/Investigation — Judicial Review — Scope — An order granting sanction under Section 17-A is subject to review regarding its legality and validity by the criminal courts — An order refusing sanction may attract judicial review by superior courts — While granting sanction is an administrative act, it necessitates serious application of mind by the competent authority to the material facts and evidence collected during the prel
India Law Library Docid # 2423898

(617) JEEWANA DEVI Vs. SARWANI DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 04-03-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 319, 313 and 437-A — Penal Code, 1860 (IPC) — Sections 325, 504 and 506 — An appellate court will not lightly interfere with a judgment of acquittal, especially when the trial court's view is a possible one based on the evidence, and material inconsistencies or improvements in the prosecution's case can weaken its reliability — The High Court dismissed an appeal against the acquittal of accused persons charged under Sections 325, 504, and 506 read
India Law Library Docid # 2423862

(618) FUMAN SINGH Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 04-03-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 15 — A positive test for the presence of morphine and meconic acid in poppy straw is sufficient to establish that it is derived from the plant of Papaver Somniferum-L under the NDPS Act, and the non-association of independent witnesses in a chance recovery is not necessarily fatal to the prosecution case, provided the testimonies of official witnesses are consistent and reliable after careful scrutiny — High Court dismissed an appeal
India Law Library Docid # 2423864

(619) TACON INFRASTRUCTURE PVT. LTD. Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS[DELHI HIGH COURT] 04-03-2025
Arbitration and Conciliation Act, 1996 — Section 9 — Courts should not restrain the invocation of an unconditional bank guarantee unless there is a clear case of fraud or special equities leading to irretrievable injustice, as bank guarantees are independent contracts — The High Court dismissed a petition under Section 9, seeking to restrain the National Highways Authority of India (NHAI) from invoking a bank guarantee — The court reiterated the settled law that unconditional bank guarantees are
India Law Library Docid # 2424031

(620) MAHIPAL SINGH AND OTHERS Vs. ASHOK KUMAR KAUSHIK AND ANOTHER[DELHI HIGH COURT] 04-03-2025
Delhi High Court (Original Side) Rules, 2018 — Chapter VII, Rule 5 — Under the Chapter VII, Rule 5, only the Court, and not the Registrar, has the power to close the right to file a replication after the initial period and a permissible extension granted by the Court — The High Court allowed a chamber appeal against orders passed by the Joint Registrar that had closed the plaintiff's right to file a replication — The court interpreted Rule 5 of Chapter VI, and held that the power to close the ri
India Law Library Docid # 2424032