(841) MOUSUMI BHATTACHARJEE Vs. STATE OF TRIPURA[TRIPURA HIGH COURT] 18-02-2025 Tripura High Court Rules — Rule B(A) (General Rules for Writ Appeals) of Chapter VIII — Constitution of India, 1950 — Article 226 — An appellate court can direct a lower authority to deal with a matter in accordance with the law and principles of natural justice when there has been a withdrawal of benefits without providing an opportunity for a hearing — The High Court disposed of a writ appeal concerning the withdrawal of advance increments and reduction of basic pay of employees of Tripura Mar India Law Library Docid # 2423530
(842) PUTUL BHUIYAN Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 18-02-2025 Penal Code, 1860 (IPC) —Sections 376, 313, 90, 375 — Evidence Act, 1872 —Section 114A — A prolonged physical relationship, even if initiated with a promise of marriage, will not constitute rape under Section 376 IPC if the woman willingly and voluntarily continues the relationship for an extended period without protest, indicating a consensual relationship rather than one based on a misconception of fact due to a false promise made with mala fide intent from the beginning — The High Court allowe India Law Library Docid # 2423586
(843) GUPUT SINGH @ GUPTESHWAR PRASAD SINGH AND ANOTHER Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 18-02-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374 (2) — Penal Code, 1860 (IPC) — Sections 302 and 34 — Arms Act, 1959 — Section 27 — Evidence Act, 1872 — Section 134 — A conviction can be based on the testimony of a sole eyewitness if the testimony is wholly reliable and inspires confidence, but doubts about the testimony necessitate corroboration, and the prosecution must prove the case beyond all reasonable doubt — The High Court allowed criminal appeals against a conviction for murder and un India Law Library Docid # 2423587
(844) MD. IRFAN Vs. MD. ASHFAQUE @ ASHFAQUE ALI AND OTHERS[PATNA HIGH COURT] 18-02-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 and Order 7 Rule 7 — An eviction suit can be converted into a title suit at the plaintiff's instance to avoid further litigation when a title dispute arises, even with a delay in the amendment application, subject to the imposition of costs — The High Court allowed a civil miscellaneous petition, setting aside the trial court's order rejecting the petitioner's application to amend an eviction suit into a title suit — The court held that to prevent mul India Law Library Docid # 2423642
(845) MUKESH PASWAN @ BIMLESH PASWAN @ BHAGAT JI Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 18-02-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374(2) and 313 — Penal Code, 1860 — Sections 364A, 302, 201 and 302 — In a case based on circumstantial evidence, the prosecution must establish a complete chain of circumstances pointing solely to the accused's guilt, and a conviction cannot be based solely on the confessional statement of a co-accused tried separately; furthermore, failure to properly question the accused on incriminating evidence under Section 313 Cr.P.C. can cause prejudice and India Law Library Docid # 2423643
(846) NIRAJ HANS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 18-02-2025 Mines and Minerals (Development and Regulation) Amendments Act, 2023 — Section 21 — A writ petition seeking refund of penalty for illegal mineral transportation can be dismissed when the petitioner fails to provide a satisfactory explanation for significant delays in transit beyond the permitted time in the challan and in approaching the authorities after the vehicle's seizure, especially after acknowledging the mistake and paying the penalty for release — The High Court dismissed a writ petitio India Law Library Docid # 2423644
(847) ISLAM UL HAQ PEER Vs. UNION OF INDIA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-02-2025 Evidence Act, 1872 — Sections 25 and 27 — Criminal Procedure Code, 1973 — Section 164 — A statement made by an accused under Section 27 is admissible only to the extent of the recovery of an object and is not a confession in law, requiring the safeguards under Article 20(3) of the Constitution and Section 164 Cr.P.C. for a valid confession — Appeal against a bail denial in a case involving NDPS and UAPA charges is allowed — The court holds that a memorandum under Section 27 of the Evidence Act l India Law Library Docid # 2423763
(848) SURESH TICKOO AND ANOTHER Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 18-02-2025 J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 — A disputed question of fact, such as the status of tenancy, cannot be determined in a writ petition and should be adjudicated by the competent statutory authority — The High Court disposed of a writ petition filed by alleged migrants claiming to be tenants of a shop and seeking its possession under the J&K Migrant Immovable Property Act — The court held that the disputed claim of tenancy require India Law Library Docid # 2423772
(849) ISLAM UL HAQ PEER THROUGH NIGHAT Vs. UNION OF INDIA[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 18-02-2025 Constitution of India, 1950 — Article 20(3) — Evidence Act, 1872 — Section 27 — A statement made by an accused under Section 27 of the Evidence Act is relevant only to the extent of the recovery of an artefact connected to the crime and is not a confession in law regarding the inculpatory part of the statement, especially concerning the right against self-incrimination under Article 20(3) of the Constitution — A valid confession requires informed consent and consciousness of consequences — The H India Law Library Docid # 2423773
(850) BALDEV SINGH @ VICKY Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 18-02-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Regular Bail — Commercial Quantity Alleged — Delay in Trial — Prolonged Custody — Right to Speedy Trial — Petitioner sought regular bail in FIR registered under S. 22, NDPS Act for alleged possession of 550 Etizolam 0.5 mg tablets — Petitioner argued violation of S. 42 NDPS Act, recovery memo India Law Library Docid # 2423877
(851) KANHI RAM AND OTHERS Vs. BANWARI LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 18-02-2025 Adverse Possession — Essential Requirements — Admission of True Owner’s Title — Pleading and Proof — To successfully claim title by adverse possession, the claimant must necessarily first admit the ownership of the true owner over the property — A plea denying the plaintiff’s title cannot coexist with a plea of adverse possession against that same plaintiff regarding the same property India Law Library Docid # 2423867
(852) AMNISH KHUNGER Vs. HARBANS SINGH POPLI[PUNJAB AND HARYANA HIGH COURT] 18-02-2025 Negotiable Instruments Act, 1881 — Section 148 — Suspension of Sentence (S. 389 Cr.P.C. / BNSS equivalent) — Deposit of Compensation — Discretionary Power — The power vested in the Appellate Court under S. 148 of the NI Act to direct the appellant (convicted under S. 138) to deposit a minimum of 20% of the fine or compensation is directory, not mandatory — The use of the word “may” signifies discretion. India Law Library Docid # 2423926
(853) MAHESH SAKET Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 18-02-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 / Code of Criminal Procedure, 1973 — Section 482 and 439(2) — Cancellation of Bail — Challenge to Order — Application invoking extra-ordinary jurisdiction under BNSS S. 528 / Cr.P.C. S. 482 seeking quashing of trial court’s order dated 17.01.2025, by which bail granted earlier was cancelled exercising power under Section 439(2) Cr.P.C. India Law Library Docid # 2424064
(854) DUDHALAL Vs. KARULAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 18-02-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Questions of Law — Appeal admitted on questions concerning (i) the jurisdiction of the Lower Appellate Court versus the Trial Court to decide an application for substitution of legal representatives when the death of the concerned party occurred during the pendency of the suit before the Trial Court, and (ii) the jurisdiction of the Lower Appellate Court to decide the appeal on merits after recording a finding that India Law Library Docid # 2424065
(855) BETAL SINGH MAHORE Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 18-02-2025 Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 — Section 2(1) — Intra-Court Appeal — Maintainability — Appeal against Single Judge’s order dismissing writ petition seeking enforcement of compensation recommended by State Commission — History of litigation traced, including initial non-selection in 1989, withdrawal of first petition, dismissal of second petition as non-maintainable, dismissal of SLP and review, dismissal of third writ petition (filed India Law Library Docid # 2424062
(856) RAJENDRA SONI Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 18-02-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Relief Sought — Petition sought quashing of order dated 17.12.2018 and consequential directions for benefit under Govt. Circular dated 7.10.2016, including payment of salary arrears w.e.f. 01.09.2016 after notional fixation from initial appointment date. India Law Library Docid # 2424063
(857) USHA Vs. SMT. IMARTI DEVI AND OTHERS[RAJASTHAN HIGH COURT] 18-02-2025 Limitation Act, 1963 — Article 54 — Civil Procedure Code, 1908 — Order 7 Rule 11(d) — Specific Performance — Commencement of Limitation Period where no date is fixed — Notice of Refusal — Question of Fact — In a suit for specific performance where no date for performance is fixed in the agreement, the limitation period of three years under the second part of Article 54 commences only when the plaintiff has notice that performance is refused — For deciding an application under Order VII Rule 11(d India Law Library Docid # 2424226
(858) BABITA VISHNOI AND ANOTHER Vs. BANK OF BARODA[DELHI HIGH COURT] 17-02-2025 Exhaustion of Alternative Remedy — The rule of exhaustion of alternative remedy is a rule of discretion, not compulsion, yet High Courts should not entertain writ petitions under Article 226 if an effective statutory remedy is available, especially India Law Library Docid # 2422836
(859) UNION TERRITORY OF J&K Vs. ARSAM IMTYAZ MALIK[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 17-02-2025 Natural Justice and Employment — Pending Criminal Cases — Mere registration of a criminal case against an employee, without conviction, does not ipso facto justify termination of service without a hearing — Employers must afford the employee an opportunity of being heard, upholding principles of natural justice, and may reconsider employment status upon conclusion of the trial, as per Articles of the Constitution of India (Art. 226) and J&K Civil Services (Verification of Character and Anteceden India Law Library Docid # 2422694
(860) TOLARAM AND OTHERS Vs. MADANLAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-02-2025 Madhya Pradesh Land Revenue Code — Section 257 — Jurisdiction of Civil Courts in Easement Disputes — The jurisdiction of civil courts is not barred by the Madhya Pradesh Land Revenue Code for deciding easementary rights relating to agricultural or other lands, as the Code doesn't create or recognize new easementary rights beyond the Easements Act, 1882. India Law Library Docid # 2422732