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(81) VIRENDRA KUMAR SHUKLA Vs. UCO BANK[CHHATTISGARH HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 — Section 96 — First appeal — Scope of interference — Findings of fact — Suit for declaration and permanent injunction against bank for wrongful debit of amount credited via cheque subject to clearance — Trial Court dismissed suit finding bank acted in “good faith” based on nature of transaction (domestic transfer, drawer being bank’s Branch Manager, payee being panel lawyer) and knowledge of plaintiff regarding stop payment — Bank’s action of crediting amount “subject
India Law Library Docid # 2425689

(82) RAGHUBIR SINGH Vs. DARBARA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Scope of enquiry — Cause of action and limitation — Where defendant (petitioner) sought rejection of plaint in a suit for declaration of inheritance (challenging a 1926 mutation after 94 years), contending no cause of action and suit barred by limitation based on Customary Law, and trial court dismissed application, held, no interference warranted in revisional jurisdiction — For deciding Order 7 Rule 11 application, only
India Law Library Docid # 2425701

(83) JASPREET KAUR Vs. ANMOLJOT SINGH[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Hindu Marriage Act, 1955 — Section 13-B — Divorce by mutual consent — Waiver of six-month statutory waiting period for second motion — Permissibility — Where parties had been residing separately for over three years (petition drafted 24.02.2025, separated since 03.02.2022), marriage was irretrievably broken down, reconciliation efforts by relatives and panchayats failed, parties were unwilling to live together, and prolonging their agony by insisting on statutory waiting period would serve no us
India Law Library Docid # 2425702

(84) SMT. SUMITRA AND OTHERS Vs. MAJOR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Enhancement of Compensation — Deceased aged 33, Passenger Services Assistant in Air India — Tribunal excluded overtime, holiday wages, night shift allowances from salary of Rs.17,831/-, assessing income at Rs.9,050/- — High Court held holiday wages and night shift allowances, being ancillary to air services job, ought not to be excluded; only overtime (Rs.6625/-) excluded, re-assessing income at Rs.11,206/- (annual
India Law Library Docid # 2425703

(85) JITENDER TIWARI Vs. SEEMA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance for wife and children — Quantum — Challenge by husband — Petitioner (husband) and Respondent No.1 (wife) married in 2007, had three children (Respondents No.2-4) — Marital dispute led to wife filing for maintenance under S.125 CrPC — Family Court, considering petitioner as labourer earning Rs.10,500/- per month and wife earning Rs.8,000/- per month (admitted in her cross-examination, also receiving maintenance under DV Act), grante
India Law Library Docid # 2425704

(86) UNITED INDIA INSURANCE CO. LTD. Vs. NITYA NAND AND OTHERS[HIMACHAL PRADESH HIGH COURT] 06-05-2025
Motor Vehicles Act, 1988 — Section 168 & 169 — Motor Accident Claim — Appeal against quantum of compensation — Involvement of second vehicle alleged but no evidence of contributory negligence found in FIR or otherwise — Plea for shared liability rejected for want of material.
India Law Library Docid # 2425884

(87) STATE OF GUJARAT Vs. RAJESH ALIAS RAJU MAHENDRABHAI SHAH AND ANOTHER[GUJARAT HIGH COURT] 06-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal Against Acquittal — Powers of Appellate Court — Re-appreciation of Evidence — While the High Court has full power to review evidence upon which an order of acquittal is founded, the presumption of innocence of the accused, reinforced by acquittal by the trial court, requires reversal only for very substantial and compelling reasons, especially when the trial court had the advantage of seeing and hearing witnesses.
India Law Library Docid # 2425977

(88) UNION OF INDIA REPR BY CHIEF ENGINEER NAVY MUMBAI Vs. M/S PUSHKARRAJ CONSTRUCTION P LTD.[GUJARAT HIGH COURT] 06-05-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Jurisdiction — Challenge to order dismissing Section 34 application for lack of jurisdiction by Additional District Judge, Porbandar — Court reasoned arbitration was not referred by a judicial proceeding in Porbandar, and Commercial Courts Act, 2015, vests jurisdiction in Commercial
India Law Library Docid # 2426049

(89) SANTIUS KUJUR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 06-05-2025
Penal Code, 1860 — Section 302 — Murder — Conviction — Alteration to Culpable Homicide — Father killed by son with firewood over bicycle dispute — Single blow with forceful impact causing fatal head injuries — Eyewitness account from mother establishing involvement — Lack of intention to cause death inferable from trivial motive, single blow, and immediate post-incident conduct (remaining at site, informing villagers) — Confessions before police irrelevant — Medical evidence of head fractures in
India Law Library Docid # 2426145

(90) M/S. UNIQUE COAL TRADERS Vs. UNION OF INDIA[GAUHATI HIGH COURT] 06-05-2025
Railways Act, 1989 — Section 73 — Punitive charge for overloading a wagon — Recovery of — Permissible before delivery of goods — Provision enables recovery of punitive charges for overloading beyond permissible carrying capacity.
India Law Library Docid # 2426146

(91) BALDEI AND OTHERS Vs. HARGIAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Change in nature of suit from permanent injunction to declaration, symbolic possession, specific performance, and consequential permanent injunction — Permissibility at rebuttal stage — Plaintiff initially filed suit for permanent injunction based on agreement to sell/affidavit/panchayatnama of 1994 — Defendants in 2014 written statement disclosed their purchase of suit property vide sale deed of 2014 and pleaded possessi
India Law Library Docid # 2425624

(92) NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANGI DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation in fatal accident case — Enhancement sought by Insurance Company (by challenging income assessment and future prospects) and by claimants (under Or. 41 Rule 33 CPC for conventional heads and consortium, despite no appeal/cross-objection) — Deceased aged 36, survived by wife (32), four minor children (3-11 yrs) and parents — Tribunal assessed income at Rs. 10,520/- p.m. (Deputy Commissioner rates), added 50% future prospects, deducted 1/5th fo
India Law Library Docid # 2425625

(93) NITISH AND OTHERS Vs. SANDEEP KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-05-2025
Contempt of Courts Act, 1971 — Sections 10, 12 & 19 — Civil Contempt — Disobedience of Writ Court order — Writ Court order dated 24.02.2025 passed on State Counsel’s undertaking that petitioners (employees of a Cooperative Society), if working as on date, would continue till adjudication of ROR (Revision of Resolution) — Respondents (Assistant Registrar Cooperative Societies and Society Manager) found guilty of contempt for not allowing petitioners to work despite appointment letters and joining
India Law Library Docid # 2425626

(94) LATA GOYAL Vs. THE UNION OF INDIA AND ANOTHER[CHHATTISGARH HIGH COURT] 05-05-2025
Constitution of India, 1950 — Article 226 — Maintainability of Writ Petition — Against Autonomous Institutions — Indian Institute of Management (IIM) Raipur — Whether amenable to writ jurisdiction in employment matters — IIM, established under the Indian Institutes of Management Act, 2017, possessing perpetual succession and a common seal, empowered to contract and sue/be sued in its own name — Governed by its own Board of Governors (BoG) with administrative and financial independence — Act of 2
India Law Library Docid # 2425690

(95) SANJEEV GUPTA Vs. CENTRAL UNIVERSITY OF JAMMU[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025
Service Law — Promotion — Rules Governing Promotion — Vacancies arising prior to amendment of rules — Whether governed by old rules or amended rules — Long-standing principle that vacancies are governed by rules in force at the time of accrual — Supreme Court’s overruling of earlier position — Rules in force at the time of consideration for promotion govern the process — Employer’s right to abandon earlier process and initiate new
India Law Library Docid # 2425858

(96) AMANULLAH KHAN Vs. UOI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 05-05-2025
Land Acquisition Act, J&K — Compensation — Loss caused to brick kiln due to widening of National Highway — Brick kiln established on leased land — Damage and closure forcing shutdown — Revenue authorities, after joint inspection with acquiring authority representatives, find portion of brick kiln land utilized for road and construction raised thereon — Acquiring authority disputing report and rejecting it at their level without due process — Revenue authorities have power to demarcate land; thei
India Law Library Docid # 2425859

(97) STATE OF GUJARAT Vs. RAMESH SOMABHAI AMALIYAR AND OTHERS[GUJARAT HIGH COURT] 05-05-2025
Criminal Procedure Code, 1973 — Section 378(1)(3) — Appeal against Acquittal — Scope of Interference — Appellate Court’s full power to review evidence notwithstanding, it must be slow to disturb factual findings by Trial Court having seen witnesses — Acquittal strengthens presumption of innocence — Interference proper only where judgment is perverse, contrary to material, palpably wrong, manifestly erroneous, or demonstrably unsustainable — Mere possibility of another view is insufficient to con
India Law Library Docid # 2425978

(98) LAND ACQUISITION AND REHABILITATION OFFICER AND ANOTHER Vs. LAVAR RAJABHAI NAGJIBHAI[GUJARAT HIGH COURT] 05-05-2025
Land Acquisition Act, 1894 — Section 28 — Additional Compensation — Determination of Market Value Basis — Principle — Opinion of Experts — Valuation Committee Report — Valuation Committee report comprising expert body (Collector, Town Planning Officer, etc.) is a valid basis for determining market value in land acquisition cases; its estimation is expert evidence and can form a relevant piece of evidence, though dislodgeable by contrary evidence
India Law Library Docid # 2425979

(99) MANIRAM SANTRAM KAPDI Vs. JANAKSINH MERUBHA ZALA AND OTHERS[GUJARAT HIGH COURT] 05-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Compensation — Amputation of Leg — Assessment of Disability — Claimant, a labourer, suffered amputation of right leg below knee in a vehicular accident — Doctor assessed permanent physical disability at 90% of right lower limb — Cross-examination of doctor did not negate this assessment — Considering claimant’s occupation as a labourer and the nature of injury, functional disability assessed at
India Law Library Docid # 2425980

(100) NILESHBHAI BABUBHAI VAGHASIYA AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 05-05-2025
Criminal Procedure Code, 1973 — Section 482 — Quashing of Proceedings — Inherent Powers — Exercise of inherent powers to quash FIR and consequential proceedings where allegations, taken on face value, do not prima facie constitute any offence — FIR alleging abetment of suicide and offence under SC/ST Act — Allegations primarily relate to work conditions and alleged pressure to resign — Absence of necessary ingredients for alleged offences justifies quashing
India Law Library Docid # 2425981