(801) HEMARAM MEGHWAL Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT] 01-04-2025 Criminal Procedure Code, 1973 — Section 378 — Appeal Against Acquittal — Scope of Interference — An appellate court, while dealing with an appeal against acquittal, must adhere to established principles — acquittal strengthens the presumption of innocence; interference requires “compelling and substantial reasons”; the appellate court can re-appreciate evidence but cannot overturn the acquittal merely because another view is India Law Library Docid # 2425360
(802) KAUSHAL Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 01-04-2025 Criminal Procedure Code, 1973 — Sections 203, 204 — Cognizance and Issuance of Process — Scope of Inquiry — Prima Facie Case — At the stage of taking cognizance and summoning the accused, the Magistrate/Court is required to apply judicial mind only to ascertain whether a prima facie case is made out based on the material on record — The Court is not required to analyze the evidence meticulously as if conducting a trial or determine if the evidence is sufficient for conviction — The existence of India Law Library Docid # 2425389
(803) NAGENDRA KUMAR Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 01-04-2025 Service Law — Appointment based on Fraud/Forged Documents — Validity of Appointment — Requirement of Disciplinary Inquiry — Natural Justice — An appointment to public service secured through fraud, specifically by relying on a forged document pertaining to an essential eligibility qualification (like an 'O' level computer certificate), is void ab initio and non-est in the eyes of law — In such cases, the principles of natural justice are satisfied by providing the employee with a show-cause noti India Law Library Docid # 2425390
(804) SUNITA NISHAD AND ANOTHER Vs. DEBT RECOVERY APPELLATE TRIBUNAL THROUGH REGISTRAR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 01-04-2025 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 13(2) — Security Interest (Enforcement) Rules, 2002 — Rule 3(1), 3(4) — Service of Demand Notice — Presumption of Service — General Clauses Act, 1897, Section 27 — Indian Evidence Act, 1872, Section 114 — Service of demand notice under Section 13(2) of the SARFAESI Act is deemed sufficient under Section 27 of the General Clauses Act, 1897 and Section 114 of the Indian Evi India Law Library Docid # 2425391
(805) SMT. SUSHEELA DEVI @ SUSHEELA Vs. STATE OF U.P. THRU. SECY. REVENUE, LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 01-04-2025 U.P. Zamindari Abolition and Land Reforms Act, 1950 — Sections 131(d) & 131-B — U.P. Imposition of Ceiling on Land Holdings Act, 1960 — Section 27(3) — Rights of Allottee of Ceiling Surplus Land — Evolution to Transferable Rights — A person settled with ceiling surplus land under Section 27(3) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 acquired the status of a Bhumidhar with non-transferable rights with effect from 01.07.1981 by virtue of Section 131(d) of the U.P. Zamindari Ab India Law Library Docid # 2425392
(806) ANIL PALIWAL Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 01-04-2025 Rajasthan Voluntarily Rural Education Service Rules, 2010 (RVRES) — Rule 5(iii) — Posting on Non-Teaching Posts — Interpretation — Rule 5(iii) permits accommodation of teaching staff on a non-teaching post in case of exigency, provided status, seniority, and salary remain uncompromised — Assignment of petitioner (B.Ed. faculty) to “work arrangement” involving administrative duties at the Commissionerate after cessation of B.Ed. India Law Library Docid # 2425353
(807) RAM BHAVAN YADAV Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 01-04-2025 Service Law — Candidature — Suppression of Material Information in Attestation Form — Criminal Case involving Moral Turpitude — Acquittal on Benefit of Doubt — Non-disclosure by a candidate in the attestation form regarding involvement in a criminal case alleging offences involving moral turpitude (such as Section 354 IPC), even if the candidate was acquitted on benefit of doubt (due to death of informant and witness compromise) prior to filling the form, constitutes suppression of material info India Law Library Docid # 2425443
(808) NAVNEET GARG Vs. PRAVIN KUMAR DADOO[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 01-04-2025 Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Arbitrator — Arbitrability of Disputes — Serious Allegations of Fraud — Pendency of Criminal Proceedings — Where disputes between partners involve serious allegations of fraud, siphoning off stock, cheating, criminal breach of trust, and forgery, leading to the registration of an FIR against one partner by the other, and the subject matter of the criminal proceedings substantially overlaps with the issues sought to be referr India Law Library Docid # 2425444
(809) DHARMENDRA AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 01-04-2025 Madhya Pradesh Municipal Corporation Act, 1956 — Section 317 — Closing of Public Streets — Restriction of Vehicular Entry — Traffic Regulation — Public Interest — The action of a Municipal Corporation in restricting vehicular entry from a main road (M.G. Road) to a popular area (56 Dukan), which is a prominent tourist attraction and street food hub, for proper traffic regulation is not illegal or arbitrary, especially when pedestrian access is maintained — Section 317 of the Act empowers the Cor India Law Library Docid # 2425445
(810) PRAVEEN TIWARI Vs. SMT. ANITA UPADHYAY AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-04-2025 Civil Procedure Code, 1908 — Order 41 Rule 27(1)(b) — Additional Evidence in Appellate Court — Scholar Register — Paternity Dispute — Adoption Deed — The appellate court commits a material illegality by rejecting an application under Order XLI Rule 27 CPC for production of a scholar register as additional evidence, where such register mentions the alleged father’s name and is relevant to a paternity dispute, especially when the opposing party has relied on an adoption deed suggesting the appella India Law Library Docid # 2425447
(811) DHEERAJ SINGH Vs. HEMANT KUMAR SHARMA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-04-2025 M.P. Accommodation Control Act, 1961 — Section 12(1)(f) — Bona Fide Need for Non-Residential Purposes — Advocate’s Office — Whether Commercial Activity — Maintainability of Suit — An office of an Advocate, for the purpose of determining electricity tariff, is not considered a commercial activity if situated in residential premises, but is treated differently if located in a commercial building — However, for the purpose of seeking eviction under Section 12(1)(f) of the Act for establishing an Ad India Law Library Docid # 2425448
(812) AVINASH VERMA Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-04-2025 Service Law — Compassionate Appointment — Anganwadi Worker — Whether Regular Government Employee or Contractual Employee — Applicability of Compassionate Appointment Policy Clause 4(ii) — An Anganwadi worker does not hold a civil post or a statutory post but is appointed under a scheme on an honorarium basis — Their services are not governed by M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, and they can be terminated after due opportunity of hearing without a full-fledged India Law Library Docid # 2425449
(813) SUNITA DEVI Vs. SATISH KUMAR AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 01-04-2025 Civil Procedure Code, 1908 — Order 23 Rule 1(3) — Withdrawal of Suit with Liberty to File Afresh — Formal Defect — Absence of Necessary Pleadings and Reliefs — Suit for declaration and permanent prohibitory injunction challenging Will and mutations based thereon — Subsequent Gift Deed by a beneficiary of the Will not specifically challenged in the original plaint, although referenced — Petitioner seeking withdrawal with liberty India Law Library Docid # 2425969
(814) THE NEW INDIA ASSURANCE COMPANY LTD. Vs. KHURSHEDA BEGUM AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Death in road accident — Insurance policy — Existence and validity of policy — Denial by insurer at appellate stage — Application for amendment of reply and leading additional evidence to plead non-existence of policy due to non-payment of premium and allegd fraud by owner — Proviso to Order 6 Rule 17 CPC — Due diligence — Amendment sought after commencement of trial — Insurer, a public sector undertaking, having means to verify c India Law Library Docid # 2425970
(815) JIVANBHAI SHANKARBHAI PATEL AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 01-04-2025 Gujarat Land Revenue Rules, 1972 — Rule 87 — Non-Agricultural Use Permission — Condition to Commence and Complete Construction within Specified Time — Challenge to Breach of Condition Case — Arbitrary and Unreasonable Condition — Condition in NA orders specifying time limit for construction arbitrary and unreasonable, lacking nexus to object — High Court decision affirming this principle applicable retrospectively — State Government accepting principle, deleting condition from Rules and directin India Law Library Docid # 2426028
(816) THAKORE PARBATJI MADHUJI Vs. SHAH JAYANTILAL PUNAMCHAND AND OTHERS[GUJARAT HIGH COURT] 01-04-2025 Specific Relief Act, 1963 — Section 19(b) — Transfer of Property Act, 1882 — Section 40 — Specific Performance of Agreement to Sell — Subsequent Purchaser with Notice — Effect of Registered Agreement — A registered agreement to sell creates a personal obligation “annexed to the ownership of property” (Section 40 TP Act, 1882) — A subsequent purchaser with notice of a prior agreement to sell cannot defeat the rights of the prior agreement India Law Library Docid # 2426029
(817) AMRIT TERANG Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 01-04-2025 Penal Code, 1860 – Section 302 – Murder – Circumstantial Evidence – Last Seen Theory – Extra-Judicial Confession – Appreciation of Evidence – Non-production of weapon – Death of wife (deceased) by husband (appellant) – Appellant and deceased were consuming alcohol and were alone at home when children went out to play – Children returned to find mother dead and father appearing to be sleeping or inebriated – Appellant confessed to son that he killed deceased with a wooden bat – Son informed neigh India Law Library Docid # 2426234
(818) PROMUD YADAV Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 01-04-2025 Protection of Children from Sexual Offences Act, 2012 — Sections 4, 6, 8, 10, 29 & 30 — Aggravated penetrative sexual assault — Sexual assault — Conviction — Evidence of child victim — Corroboration — Reliability — Exaggeration in testimony — Medical evidence contradicting ocular evidence — Defence plea — Effect of non-consideration by Trial Court — Appellant convicted under Section 10 India Law Library Docid # 2426235
(819) AMIYA KUMAR BHATTACHARYYA Vs. BICHITRA BHAGAWATI[GAUHATI HIGH COURT] 01-04-2025 Civil Procedure Code, 1908 — Section 115 — Revision — Scope of Revisional Jurisdiction — High Court’s revisional power distinct from appellate power — Confined to ensuring correctness, legality, and propriety — Interference warranted only if findings are perverse, without supporting evidence, based on misreading, or grossly erroneous, leading to a miscarriage of justice — Revisional court cannot re-appreciate evidence as a first appellate court — Examination focusses on India Law Library Docid # 2426236
(820) ANITA DEVI @ MAYA Vs. OMPRAKASH[RAJASTHAN HIGH COURT] 28-03-2025 Evidence Act, 1872 — Sections 101-103; Succession Act, 1925 — Section 63 — Proof of Will — Burden of Proof — In a suit challenging the validity of a Will, while the initial onus lies on the propounder (defendant asserting the Will) to establish its due execution and dispel suspicious circumstances, the burden to prove that the Will is forged, fabricated, or otherwise invalid rests on the party alleging it (plaintiffs challenging the Will) — Framing an issue regarding the Will's invalidity with t India Law Library Docid # 2424101