(801) VINAY AND ANOTHER Vs. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 03-06-2025 Criminal Procedure — Section 482 Cr.P.C. — Challenge to summoning order and charge sheet — Conversion of Non-Cognizable Report (NCR) to FIR — Legality — FIR can be lodged based on medical report indicating injury caused by a sharp-edged weapon — Addition of a cognizable offence makes the case cognizable, allowing investigation without a magistrate's prior permission for NCR conversion to FIR. India Law Library Docid # 2431267
(802) KARAN KUMAR Vs. STATE AND ANOTHER[DELHI HIGH COURT] 03-06-2025 Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 6 & 5(m) — Indian Penal Code, 1860 (IPC) — Section 376(2)(f) — Rape of a person, for which the survivor's age is critical — Age determination for POCSO Act — Hierarchy of evidence for age determination as per Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) — The hierarchy includes school/matriculation India Law Library Docid # 2428376
(803) ALTAR ALI Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 03-06-2025 Constitution of India, 1950 — Article 226 — Writ of Certiorari — Scope of review jurisdiction — High Court’s supervisory jurisdiction under Article 226 is not appellate — It cannot re-examine evidence. India Law Library Docid # 2428531
(804) SONABAN KHATUN AND OTHERS Vs. DALIMAN BIBI AND OTHERS[GAUHATI HIGH COURT] 03-06-2025 Civil Procedure Code, 1908 — Section 97 — Appeal from final decree where no appeal from preliminary decree — Bar to disputing correctness of preliminary decree in appeal from final decree if preliminary decree not appealed against — Section 97 does not bar challenge to preliminary decree itself, only bars disputing its correctness in appeal from final decree if it remains unchallenged — Preliminary decree sets out adjudication of issues that can be appealed against — Final decree follows from India Law Library Docid # 2428532
(805) SHRI RAJEEV GOSWAMI @ RAJIB GOSWAMI Vs. ON THE DEATH OF RADHIKA PRASAD KHOUND, HIS DAUGHTER SMT. SUDESNA KHOUND AND ANOTHER[GAUHATI HIGH COURT] 03-06-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial question of law — Appeal admitted based on proposed substantial questions of law — Court must determine if such questions can be formulated — If no substantial question of law arises, appeal cannot proceed. India Law Library Docid # 2428533
(806) ARPIT NARANIWAL Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 03-06-2025 Penal Code, 1860 (IPC) — Section 375 — Rape; Section 90 — Consent known to be given under fear or misconception — Offences against women — False promise of marriage — FIRs alleging sexual relationship based on false promise of marriage are not to be quashed at the inception — Consent obtained via false promise of marriage vitiates valid consent under Section 90 IPC India Law Library Docid # 2432411
(807) RADHA CHETIA AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 02-06-2025 Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Unlawful Activities (Prevention) Act, 1967 — Section 43D(4) — High Court’s power under Article 226 — Court should not interfere at the stage of investigation unless allegations are absurd or inherently improbable — Mere finding of names in seized documents is not sufficient proof of guilt — No miscarriage of justice if investigation is permitted to proceed. India Law Library Docid # 2428530
(808) UNITED INDIA INSURANCE CO. LTD. Vs. M. JOHN AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Motor Vehicles Act, 1988 — Section 166 — Application for Compensation — Legal Representatives — Dependency — A claim petition for compensation in case of death can be filed by any legal representative of the deceased, irrespective of whether they are dependent on the deceased. India Law Library Docid # 2427972
(809) BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUNDARAMBAL AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claims — Composite Negligence — Impleading Parties — Motor Vehicle (Driving) Regulations, 2017 — Rule 22(2)(b) — Parking on Main Road — Where an accident results from the composite negligence of drivers of two vehicles, the claimants (victims) can claim full compensation from any one of the tort-feasors (drivers/owners/insurers) without needing to implead all of them. The impleaded tort-feasor can then initiate separate proceedings India Law Library Docid # 2427973
(810) BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. S.P. SAKUNTHALA AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claims — Compensation for Vehicle Damage — Admissibility of full repair costs despite declared value in policy — Where a vehicle is damaged due to the negligence of a third party, the owner is entitled to recover the actual expenditure incurred to restore the vehicle to roadworthy condition from the tortfeasor’s insurer — The “declared value” in “own damage” policy with the claimant’s insurer does not limit the liability of the tortfeasor’s India Law Library Docid # 2427974
(811) K. JAYAPAL Vs. BRIJ KHANDELWAL AND OTHERS[MADRAS HIGH COURT] 02-06-2025 Civil Procedure Code, 1908 — Order 39, Rule 1 — Interim Injunction — Suit for Specific Performance — Prematurity of Suit — Where a party to a sale agreement, before the expiry of the agreed performance period, attempts to alienate the property, the other party is justified in filing a suit for specific performance immediately, and such a suit is not premature. The intention to wriggle out of the contract by attempting to alienate the India Law Library Docid # 2427975
(812) ALAKH PRASAD @ ALAKH DEV AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 30-05-2025 U.P. Consolidation of Holdings Act, 1953 — Section 12 and Section 48 — Powers of Consolidation Officer, Settlement Officer of Consolidation and Deputy Director of Consolidation — Jurisdiction to decide title in respect to abadi land — Appeal — Revision — Consolidation authorities have no jurisdiction to decide title in respect to abadi land. Such matters must be decided by the civil court. The consolidation authorities can only make an entry in revenue records that the land is 'Abadi' on the spo India Law Library Docid # 2429157
(813) ABDUL RAQIB @ PEHTUL Vs. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 30-05-2025 Criminal Procedure Code, 1973, Section 483, and Bharatiya Nagarik Suraksha Sanhita, 2023, Section 529 — Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Section 16 — Powers of High Court to ensure expeditious disposal of cases — Remedy available for seeking direction for expeditious disposal of case under Section 16 of the Act of 1986 is maintainable under Section 483 Cr.P.C. or Section 529 BNSS. India Law Library Docid # 2431275
(814) SAVITA DEVI @ PINKI GAUTAM @ SHIVANGI SHISHODIYA Vs. JITENDRA GAUTAM[ALLAHABAD HIGH COURT] 30-05-2025 Hindu Marriage Act, 1955 — Section 24 — Maintenance pendente lite and expenses of proceedings — Applicability — For the court to ascertain whether the party seeking maintenance requires it. India Law Library Docid # 2429334
(815) SHAHID Vs. STATE OF UP OTHERS[ALLAHABAD HIGH COURT] 30-05-2025 Penal Code, 1860 (IPC) — Sections 302, 201, 376DB and Protection of Children From Sexual Offences Act, 2012 — Sections 5/6 — Murder, Causing disappearance of evidence, Rape of child by person having supervision and control, Sexual assault/penetration — Conviction and Sentence — Appeal against — Trial court convicted appellant awarding death sentence and imprisonment — Issues raised regarding missing underwear at inquest/post-mortem but present in FSL report, FSL report filed after appellant decl India Law Library Docid # 2429335
(816) SARVANARAIN TEWARI AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 30-05-2025 Penal Code, 1860 (IPC) — Sections 302/34, 201/34 — Conviction for murder and destruction of evidence — Appreciation of evidence — Witness testimony — FIR — Post-mortem report — Despite initial FIR under different sections, charge framed under Sections 302/34 and 201/34 IPC — Court considered factual inconsistencies in witness statements, improvements in testimony compared to FIR, and discrepancies in medical evidence as grounds for acquittal — Held that prosecution must prove guilt beyond reason India Law Library Docid # 2429313
(817) DR. AMOD KUMAR SACHAN PRESENTLY PROFESSOR HEAD OF DEPTT. DEPTT. OF PHARMACOLOGY KGMU LKO. Vs. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY./ PRIN. SECY. DEPTT. OF MEDICAL EDU. LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 30-05-2025 Disciplinary Proceedings — Right to Legal Assistance — A delinquent employee is entitled to legal assistance if the inquiry officer is a legally trained person (like a retired judge) and the employee is pitted against a legally trained presenting officer, to ensure fair play and adherence to natural justice principles. Denial of this right amounts to denial of a reasonable opportunity to defend oneself. India Law Library Docid # 2431246
(818) NAUSHAD Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 30-05-2025 The prosecution must prove its case beyond a reasonable doubt, especially when relying on circumstantial evidence, where each link in the chain must be clearly established and consistent only with the guilt of the accused, excluding all other hypotheses. India Law Library Docid # 2429985
(819) SAUMYA SAJIV KUMAR SHARMA AND ANOTHER Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 30-05-2025 Protection of Women from Domestic Violence Act, 2005 — Section 12 — Interim custody of minor child — Best interests of child — Trial and appellate courts rejected interim custody to mother based on minor’s preference for father and father’s stable environment — Court found that mother’s role during puberty is crucial for a girl child’s physical and emotional well-being, overriding father’s stable environment or child’s initial preference. India Law Library Docid # 2429966
(820) SHIV NARAYAN GUPTA Vs. GARIB CHANDRA[ALLAHABAD HIGH COURT] 30-05-2025 Partition Suit — Amendment of Preliminary Decree — Section 97 CPC does not bar applications for amendment of a preliminary decree. Preliminary decrees can be amended post-finalization if intervening events or newly discovered facts necessitate it for complete justice. India Law Library Docid # 2429960