(821) DWIJESH KANT Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Prevention of Corruption Act, 1988 — Section 7 — Penal Code, 1860 — Section 201 — Quashing of FIR — Demand and acceptance of bribe by public servant — Allegations of demand and acceptance of Rs. 10,000/- bribe and further demand of Rs. 20,000/- for carrying out official work, supported by video recording — Such allegations constitute cognizable offence — Court, while exercising jurisdiction under Section 482 Cr.P.C., cannot embark upon inquiry into reliability or genuineness of allegations at pr India Law Library Docid # 2425901
(822) DHARAM SINGH AND OTHERS Vs. LEKH RAM[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Civil Procedure Code, 1908 — Suit for Permanent Prohibitory and Mandatory Injunction — Joint property — Co-ownership and Possession — Raising construction by a co-owner — Essential ingredients for injunction against co-owner are threat of exclusive appropriation, detriment to other co-owners, diminution of value or utility, and material injury or interference with accustomed user — Mere construction or improvement by one co-owner generally does not constitute ouster — Plea of joint possession co India Law Library Docid # 2425935
(823) IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. KAMLA DEVI AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal — Compensation Award — Excessive Assessment — Insurer’s contention that assessment is excessive due to consideration of gross salary without income tax deduction, incorrect multiplier application (uniform vs. split), incorrect personal expenses deduction (1/4th vs. 1/3rd or 50%), and non-adherence to Pranay Sethi judgment for conventional heads — Court’s re-assessment by deducting income tax, confirming uniform multiplier India Law Library Docid # 2425936
(824) AJEET YADAV AND OTHERS Vs. DR. HIMAKSHI SHARMA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR and consequential proceedings — Scope of High Court’s inherent powers — FIR under Section 498-A of IPC and proceedings under Protection of Women from Domestic Violence Act — Principles for quashing: allegations in complaint, even if taken at face value, do not prima facie constitute offence; clear abuse of process; allegations absurd and inherently improbable — Quashing not permissible if complaint discloses prima facie cognizable India Law Library Docid # 2425937
(825) AJEET YADAV AND OTHERS Vs. DR. HIMAKSHI SHARMA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Section 156(3) application leading to FIR — Hindu Marriage — Allegations of dowry demand, physical assault, torture, abuse, forcible intercourse and misappropriation of Istridhan’ — Wife’s complaint to Superintendent of Police leading to Section 156(3) application and subsequent FIR under Section 498-A of Penal Code — Petitioner (husband) seeking quashing of FIR and consequential proceedings — Contention that allegations are false, India Law Library Docid # 2425964
(826) STATE OF H.P. AND OTHERS Vs. M/S MICROMAX INFORMATICS LTD.[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Himachal Pradesh Value Added Tax Act, 2005 — Schedules — Goods — Articles — Commodities — Items — Taxation Rates — HP VAT Act, 2005 specifies rates for goods in appended Schedules — Correct interpretation of Schedule entries is essential for proper taxation. India Law Library Docid # 2425961
(827) UNITED INDIA INSURANCE CO. LTD. Vs. PARAM JEET KAUR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Accident — Death of vehicle occupant — Deceased occupant of front passenger seat with valid driving license — Driver possessed learner’s license — Argument that deceased should have been in a position to control vehicle rejected as driver had a learner’s license and deceased was a valid license holder seated in front. India Law Library Docid # 2425962
(828) NARESH KUMAR Vs. SANDEEP KUMAR[HIMACHAL PRADESH HIGH COURT] 10-04-2025 Negotiable Instruments Act, 1881 — Section 138(b) — Dishonour of cheque — Notice of demand — Time period for issuance — Notice must be issued within’ 30 days of receipt of information of dishonour from the bank — Section 9 of the General Clauses Act, 1897 (excluding the first day) is applicable for calculating India Law Library Docid # 2425963
(829) JAGU HEMBRAM Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 10-04-2025 Penal Code, 1860 — Section 302 — Murder — Ocular Evidence — Credibility of Sole Eye-witness — Nature of Injuries — Mens Rea — Defence of Sudden Provocation — Relevancy of Previous Animosity — Conviction upheld based on consistent evidence of sole eye-witness (victim’s wife) regarding appellant’s intentional attack with a deadly weapon following a quarrel over landed property — Hostile witnesses’ evidence regarding the incident’s time India Law Library Docid # 2426231
(830) SANJIB TALUKDAR Vs. NATIONAL INVESTIGATION AGENCY AND ANOTHER[GAUHATI HIGH COURT] 10-04-2025 Criminal Procedure Code, 1973 — Section 439 — Bail — Unlawful Activities (Prevention) Act, 1967 — Bail in NIA cases — Prolonged incarceration — Speedy trial — Right under Article 21 of the Constitution — Accused in custody for over four years (since 27.05.2019) in a NIA case under UAPA and IPC sections relating to terrorist acts — Charge sheet filed in 2019, charge framed in 2022 — Out of 177 named prosecution witnesses, only 32 examined even by 07.04.2025 — Co-ordinate Bench in earlier bail rej India Law Library Docid # 2426232
(831) CHHATTISGARH STATE POWER TRANSMISSION COMPANY LIMITED Vs. DCIT CIRCLE-1(1), RAIPUR, C.G.[CHHATTISGARH HIGH COURT] 09-04-2025 Income Tax Act, 1961 — Section 271(1)(c) — Penalty for Concealment or Inaccurate Particulars — Bona Fide Error vs. Mens Rea — Penalty under Section 271(1)(c) is leviable for concealment of income or furnishing inaccurate particulars thereof — A mere bona fide, inadvertent error in computation or data feeding in the return of income does not automatically attract penalty, especially when the correct figures are available in accompanying documents like the Tax Audit Report filed under Section 44AB India Law Library Docid # 2424712
(832) KAKANI GOVARDHAN REDDY Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025 Criminal Procedure Code, 1973 — Section 482 (Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528) — Inherent Powers — Interference with Investigation & Stay of Arrest — The High Court’s inherent power under Section 482 Cr.P.C. (or Sec 528 BNSS) to prevent abuse of process or secure ends of justice should be exercised cautiously and sparingly regarding ongoing criminal investigations — Courts should generally refrain from stalling investigations, especially at the initial stage, if the FIR or India Law Library Docid # 2424887
(833) S. SWAPNA Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025 Sentence — Imprisonment for Life — Meaning and Duration— A sentence of imprisonment for life, imposed either directly or upon commutation from a death sentence, means incarceration for the remainder of the convicted person’s natural life — This position is conclusively settled by numerous decisions of the Supreme Court. (Gopal Vinayak Godse vs. State of Maharashtra, Mohd. Mannan @ Abdul Mannan vs. State of Bihar, Swamy Shraddananda (2) v. State of Karnataka, Sangeet & Anr vs. State of Haryana fo India Law Library Docid # 2424893
(834) MANEPALLI MOHAN RAO Vs. M/S SHRIRAM CITY UNION FINANCE LTD AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of Suit/Proceeding — Apprehension of Bias — Standard Required — The law is well settled that for a case to be transferred under Section 24 CPC on the ground of apprehension of not getting a fair and impartial enquiry or trial, such apprehension must be reasonable and not merely imaginary or based on conjectures and surmises Mere allegations or subjective feelings are insufficient; the applicant must demonstrate circumstances from which a India Law Library Docid # 2424910
(835) MANEPALLI MOHAN RAO Vs. KOTIPALLI LAKSHMI SARASWATHI PARVATHI AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-04-2025 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of Suit/Proceeding — Apprehension of Bias — Standard Required — Effect of Judge’s Transfer — For seeking transfer of a case under Section 24 CPC based on an apprehension of not getting a fair trial or justice due to alleged bias of the presiding Judicial Officer, the apprehension must be reasonable and based on cogent circumstances, not merely subjective or conjectural — Mere allegations are insufficient — Furthermore, if the specific Judi India Law Library Docid # 2424911
(836) ISHAN GUPTA Vs. NATIONAL TESTING AGENCY[DELHI HIGH COURT] 09-04-2025 Education — Competitive Examinations — JEE (Main) 2025 — Change of Reservation Category (General to PwD/PwBD) — Request Post Session I Result Declaration but Pre Session II Result Declaration — Judicial Intervention — Petitioner applied for JEE (Main) 2025 under General Category, appeared in Session I, result declared — Subsequently obtained Disability Certificate (Specific Learning Disability) and requested change to PwD/PwBD category before appearing in Session II — Petitioner volunteered unde India Law Library Docid # 2424937
(837) MADHURI PANDEY AND ANOTHER Vs. SOHAN LAL PANDEY[DELHI HIGH COURT] 09-04-2025 Criminal Procedure Code, 1973 (Cr.P.C.) — Section 125 — Maintenance — Assessment of Husband’s Income — Burden of Proof — In proceedings under Section 125 Cr.P.C., the onus lies upon the petitioner (wife/child) seeking maintenance or enhancement thereof, to substantiate claims regarding the respondent-husband’s income through cogent evidence — Mere assertions regarding the husband’s employment, salary (Rs. 40,000/- per month from a job in Surat), side businesses, or ownership of substantial agric India Law Library Docid # 2424989
(838) STATE Vs. DARSHAN SINGH AND OTHERS[DELHI HIGH COURT] 09-04-2025 Penal Code, 1860 (IPC) — Section 364 — Kidnapping or Abducting in order to Murder — Proof of Intent — Contradictions in Testimony — Acquittal under Section 364 IPC upheld where the prosecution failed to establish the requisite intent to murder or put the complainant in danger of being murdered — Complainant’s testimony revealed the demand was to compel marriage or payment, not primarily murder — Material improvement and contradiction between the initial Complaint (stating voluntary entry into th India Law Library Docid # 2424990
(839) NATIONAL COUNCIL FOR CEMENT BUILDING MATERIALS Vs. PARDEEP KUMAR AND OTHERS[DELHI HIGH COURT] 09-04-2025 Service Law — Recovery of Excess Payment — Post-Retirement Recovery — Natural Justice — Show Cause Notice — Recovery of alleged excess payments (arising from implementation of 7th CPC) sought from employees after their superannuation, based on undertakings given before superannuation to refund any excess, is impermissible without adhering to principles of natural justice — Issuance of a recovery notice merely demanding refund without providing reasons or basis for the alleged excess, and subsequ India Law Library Docid # 2424991
(840) UNIVERSITY OF DELHI Vs. DR KIRAN GUPTA AND OTHERS[DELHI HIGH COURT] 09-04-2025 Service Law — Promotion — University Teachers — Career Advancement Scheme (CAS)-2010 — Clause 6.3.12 — Effective Date of Promotion — Interpretation of Clause 6.3.12(a) vis-à-vis Clause 6.3.12(c) — Clause 6.3.12(a) of CAS-2010, providing for promotion from the date of minimum eligibility upon successful assessment, applies only when the candidate succeeds in the first assessment after applying upon becoming eligible — Clause 6.3.12(c) applies when a candidate does not succeed in the first assessm India Law Library Docid # 2424992