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(781) UNION OF INDIA AND OTHERS Vs. PAWNA DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 25-02-2025
Limitation Act, 1963 — Delay and Laches — Dismissal of Writ Petitions — The Court dismissed four writ petitions filed by the Union of India, citing inordinate delay and laches, as the petitions were filed more than a year after the impugned orders were passed by the Armed Forces Tribunal.
India Law Library Docid # 2423018

(782) YUV RAJ AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 25-02-2025
Himachal Pradesh, Technical Education, Vocational & Industrial Training, Department, Assistant Director/Principal ITI, [Class-I Gazetted], Recruitment & Promotion Rules 2014 — Rule 11 and Rule 18 — Promotion and Relaxation of Service Rules — Judicial Intervention — The Court dismissed a Letters Patent Appeal, upholding the Learned Single Judge's decision not to issue a writ of mandamus for promotion to the post of Principal (ITI) by relaxing the Recruitment & Promotion Rules, emphasizing that th
India Law Library Docid # 2423019

(783) AJAY SHANKAR RATHOD Vs. ZILLA PARISHAD, SATARA AND OTHERS[BOMBAY HIGH COURT] 25-02-2025
Education Law — Examination — Disqualification of Candidate — No Unfair Means in Examination — The Court held that a candidate cannot be said to have indulged in unfair examination practices or adopted unfair means in the examination, merely based on CCTV footage showing unusual behavior, without any evidence of malpractice or allegation against them
India Law Library Docid # 2423086

(784) JOGI RAM Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 25-02-2025
CCS Pension Rules, 1972 — Work Charge Service Eligible for Pensionary Benefits — The petitioner, appointed as a Daily Wage Peon in 1994 and regularized in 2007, sought to include his work charge service period for pension benefits — The Court upheld the petitioner's right, aligning with established precedents that work charge service followed by regular appointment is countable towards qualifying service for pension and other retiral benefits.
India Law Library Docid # 2423091

(785) NAZIM MOHAMMED YUSUF SHAIKH AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 25-02-2025
Prevention of Corruption Act, 1988 — Sections 11 and 12 — Proceedings not to be quashed at Late Stage — The Court held that the trial has progressed considerably, and at this late stage, it is not permissible to quash the proceedings under Article 226 of the Constitution of India
India Law Library Docid # 2423097

(786) DILEEP CHEEMA ALIAS DILIPKUMARI CHEEMA ALIAS DILIP CHIMA ALIAS DILPKUMARI BHAGWANSINGH CHIMA ALIAS DALIPKUMARI CHEEMA AND OTHERS Vs. FATEH SINGH CHEEMA AND OTHERS[BOMBAY HIGH COURT] 25-02-2025
Succession Act, 1925 — A person cannot claim to have a caveatable interest in the estate of the deceased without establishing a substantial interest, and the court may award costs to discourage wrongdoers from prolonging litigation, taking into account the conduct of the parties and the expenses incurred
India Law Library Docid # 2423098

(787) THE SECRETARY THE SPECIAL AGRICULTURAL PRODUCE MARKETING COMMITTEE FOR FRUITS AND VEGETABLES Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 25-02-2025
Land Acquisition Act, 1894 — Sections 6(1) and 11A — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(2) — The acquisition of land, does not lapse due to mere delay in passing the award, but if the award is not passed within the statutorily permissible period, i.e., two years from the date of the declaration under Section 6(1), as per Section 11A, the acquisition proceedings shall lapse, and the principle of constructive res
India Law Library Docid # 2423166

(788) RAJARAM Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 25-02-2025
Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 — Rule 16 — Dismissal of a petitioner from his position as a head constable, and the subsequent rejection of his appeal — The dismissal was based on allegations of involvement in an impostering incident during a constable recruitment process, where the petitioner's nephew was implicated — The petitioner argues that there was a lack of evidence against him, and the inquiry was conducted unfairly — The court considers whether
India Law Library Docid # 2423268

(789) M/S. MAHESHWARI FILLING STATION KHARWA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 25-02-2025
Rajasthan Stamp Act, 1998 — Valuation of property for stamp duty purposes — Rajasthan Stamp Law (Adaptation) Act, 1952 — Article 23 (i) and 35 (a) of the Second Schedule — The High Court addressed a writ petition concerning a dispute over stamp duty related to a lease deed executed — The core issue was whether the lease deed, initially for fifteen years, should be considered as a lease for more than twenty years due to an automatic renewal clause — The Rajasthan Tax Board, Ajmer, accepted the re
India Law Library Docid # 2423286

(790) CHIMANLAL SURESH KUMAR TEXTILES PRIVATE LIMITED Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 25-02-2025
Constitution of India, 1950 — Articles 226 — Registration Act, 1908 — Sections 32, 34 and 71 — Mandamus for Registration — Necessity of Clean Hands — A writ petition seeking mandamus for registration of a document under the Registration Act, 1908, can be dismissed if the petitioner fails to disclose material facts or makes misleading averments, emphasizing the importance of “clean hands” in seeking extraordinary judicial relief
India Law Library Docid # 2423350

(791) SUSHMABEN AND OTHERS Vs. HITESH NARENDRAKUMAR SHAH[GUJARAT HIGH COURT] 25-02-2025
Civil Procedure Code, 1908 — Order 8 Rule 6A — When a defendant seeks to file a counterclaim after filing the written statement, the trial court must first consider the application for condonation of delay and leave to file the counterclaim on its own merits, without delving into the merits of the counterclaim itself — Order 8 Rule 6A, allows for the filing of a counterclaim even after the written statement but generally before the framing of issues — The trial court committed a procedural irreg
India Law Library Docid # 2423375

(792) SOMAROUTHU MURALI KRISHNA Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 25-02-2025
Criminal Procedure Code, 1973 — Section 482 — Penal Code, 1860 (IPC) — Sections 120-B, 406, 420, 466, 467, 468, 471, 500, 509 and 34 — Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 — Section 5(D) — Criminal proceedings can be quashed under Section 482 Cr.P.C. if the Magistrate fails to properly scrutinize the complaint and evidence before summoning the accused, especially when alternative remedies exist under specific statutes or when prior complaints on the same allegations were closed a
India Law Library Docid # 2423388

(793) G.NARAYANASWAMY Vs. G SIDDARAMAIAH AND ANOTHER[ANDHRA PRADESH HIGH COURT] 25-02-2025
Motor Vehicles Act, 1988 – Sections 2(44), 149(2)(a)(i)(b) and 173 — Andhra Pradesh Motor Vehicles Taxation Act, 1963 — Section 10, Explanation I — An insurance company cannot be exonerated from liability in a motor accident claim based on alleged policy violations such as the vehicle being used for hire or reward or for non-agricultural purposes unless it pleads and proves such breaches with positive and reliable evidence, as per the principles of the Motor Vehicles Act, 1988, and relevant stat
India Law Library Docid # 2423389

(794) P.KAUSHIK RAO Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 25-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal of Prosecution — Public Prosecutor's Discretion — The Public Prosecutor has the discretion to withdraw from prosecution under Section 321 of the Cr.P.C., but must formulate an independent opinion, considering the material on record, to ensure withdrawal is in the interest of public justice.
India Law Library Docid # 2423404

(795) LAMBA SALEEM Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 25-02-2025
Foreigners Act, 1946 — Section 14A — Conviction under Foreigners Act — Burden of Proof — In cases under the Foreigners Act, 1946, the prosecution must prove the accused's guilt beyond reasonable doubt, and the accused cannot be expected to establish their innocence
India Law Library Docid # 2423405

(796) THE UNITED INDIA INSURANCE COMPANY LIMITED Vs. SARWAR KHAN @ABDUL SARWAR KHAN AND OTHERS[GAUHATI HIGH COURT] 25-02-2025
Motor Vehicles Act, 1988 — Section 166 — Appeals against a Motor Accident Claims Tribunal award regarding discrepancies in claimant's identity and quantum of compensation were dismissed due to lack of substantial merit in the challenges raised — The insurance company's appeal sought to set aside the award based on alleged contradictions in the claimant's documents, but the court found these discrepancies regarding the claimant's name and injuries to be minor and sufficiently addressed by the Tri
India Law Library Docid # 2423465

(797) OSIA BEWA AND OTHERS Vs. MUSTT REZAUN NESSA AND OTHERS[GAUHATI HIGH COURT] 25-02-2025
Assam State Acquisition of Zamindaries Act, 1951 — Section 4(6) — A second appeal against a decree in a title suit was dismissed, upholding the validity of an oral gift of land from a landholder under the government, despite challenges regarding non-joinder of the State as a party and non-framing of a specific issue on the gift — The High Court dismissed Appeal against the concurrent judgments of the Trial Court and the First Appellate Court that had decreed a title suit in favour of the respond
India Law Library Docid # 2423466

(798) ANGAD PAUL AND ANOTHER Vs. SULEKHA CHANDA[GAUHATI HIGH COURT] 25-02-2025
Registration Act, 1908 — Sections 17(1)(b) and 49 — Unregistered sale deeds for properties valued above Rs. 100 are inadmissible in law and do not affect the property — The High Court dismissed an appeal against concurrent findings that the plaintiff had occupancy rights to land — The court held that sale deeds for property valued above Rs. 100, being unregistered, were inadmissible under Section 17(1)(b) and Section 49 — The court also found no merit in arguments regarding the non-joinder of th
India Law Library Docid # 2423467

(799) VINOD KUMAR RAJAK AND ANOTHER Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 25-02-2025
Penal Code, 1860 (IPC) — Sections 307, 324, 120B and 34 — A conviction for attempt to murder can be modified to voluntarily causing hurt by dangerous weapons when the evidence of intent to murder is weak and the injuries are simple in nature — Two appellants convicted under Sections 307 and 120-B of the IPC for firing upon the informant and his relative appealed the judgment – The High Court, noting inconsistencies in witness testimonies regarding who fired the shots and the simple nature of th
India Law Library Docid # 2423579

(800) KESHOV PRASAD SAW Vs. MADHU DEVI[PATNA HIGH COURT] 25-02-2025
Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 — Section 15 — Civil Procedure Code, 1908 — Order 15 Rule 5 — When a tenant's defence against ejectment is struck off under Section 15 of the Act, 1947 for failure to deposit rent, the court shall not allow the tenant to cross-examine the landlord's witnesses — The High Court set aside the trial court's order allowing the tenant to recall and cross-examine the landlord's witnesses in an eviction suit after the tenant's defence was stru
India Law Library Docid # 2423634