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(861) BHUPENDRA KUMAR DHANKAR Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 09-05-2025
Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 — Rule 9 — Discipline and Control — Disciplinary Authority for Major Punishment — Regularized Shiksha Karmi — Termination of services — Major punishment — Rule 9 mandates that the General Administration Standing Committee of the Janpad Panchayat is the disciplinary authority for awarding major punishment to regular employees — Chief Executive Officer lacks jurisdiction to impose major punishment of terminat
India Law Library Docid # 2425681

(862) MANOJ KUMAR SONI Vs. DIRECTORATE OF ENFORCEMENT[CHHATTISGARH HIGH COURT] 09-05-2025
Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Scope and application — Constitutional mandate of Article 21 — Right to speedy trial — Long incarceration — Section 45 imposes additional conditions for bail but does not create an absolute prohibition — Detention without reasonable prospect of timely trial infringes Article 21 — Applicability of twin conditions must yield to constitutional right to liberty and speedy trial in cases of long incarceration not attri
India Law Library Docid # 2425682

(863) TIRTHRAJ AGRAWAL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Charge — Framing of — Quashing of consequential charge-sheet — Applicant (Sub-Divisional Officer/Land Acquisition Officer) facing charges under various IPC sections including cheating and forgery read with conspiracy and criminal intimidation — Impugned order framing charges against applicant challenged — FIR and witness statements initially not naming applicant — Applicant’s name appearing in charge-sheet and prosecution sanction order alleging conspiracy and use
India Law Library Docid # 2425683

(864) STEEL AUTHORITY OF INDIA LIMITED (BHILAI STEEL PLANT) MAHAMAYA DULKI IRON AND MINES AND OTHERS Vs. THE REGIONAL OFFICER CHHATTISGARH ENVIRONMENT CONSERVATION BOARD[CHHATTISGARH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 482 — Inherent powers — Quashing of criminal proceedings — Abuse of process of law — Exercise of inherent powers proper where allegations in FIR/complaint, even if taken at face value, do not prima facie constitute any offence or where uncontroverted allegations/supportive evidence do not disclose commission of offence — Magistrate’s order summoning accused must reflect application of mind to facts and law, and examine nature of allegations and evidence fo
India Law Library Docid # 2425684

(865) MANOJ KUMAR SONI Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 09-05-2025
Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 483 — Regular Bail Application — Police Station ABC/EOW, Raipur KNo 01/2024 — Offences under Sections 409, 120-B IPC read with Sections 11, 13(1)(a), and 13(2) of the Prevention of Corruption Act, 1988 — Long incarceration and delay in commencement of trial — Speedy trial as a facet of fundamental right to life under Article 21 of the Constitution of India — Gravity of crime not an inviolable bar to bail in case of speedy trial violation — Section
India Law Library Docid # 2425685

(866) HOM DEI @SHALLU Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Penal Code, 1860 — Sections 302, 120B and 201 — Bail — Murder — Conspiracy — Causing disappearance of evidence — Prolonged trial — Right to speedy trial under Article 21 of Constitution of India — Applicant accused of murder, conspiracy, and destruction of evidence — Arrested on 22.02.2021 — Trial involves 51 prosecution witnesses, only 16 examined over 4 years and 2 months — Chances of early conclusion of trial not bright — Keeping accuse
India Law Library Docid # 2425879

(867) M/S APEX PLASTIC THANA AND ANOTHER Vs. DEEPAK KUMAR[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Employees/Workmen Compensation Act, 1923 — Claim for Compensation — Crushed Injuries — Right Hand — Amputation of thumb, fracture in bones, cutting of skin and veins, partial loss of middle finger — Accident during course of employment — Employer-employee relationship admitted — Occurrence not disputed — Negligence of claimant alleged but not established as defense — Salary admitted — Immediate medical aid and follow-up treatment provided and expenses borne by employer — Genuine
India Law Library Docid # 2425880

(868) BIHARI LAL Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 — Section 449 — Appeal against order imposing penalty on surety — Maintainability — Appeal lies under Section 449 Cr.P.C. against an order imposing penalty on a surety under Section 446 Cr.P.C. (Para 1)

B. Criminal Procedure Code, 1973 — Section 439 — Bail — Conditions — Undertaking by surety to produce accused — Surety stands by giving solemn undertaking to produce accused before the Court on each and every date of hearing
India Law Library Docid # 2425881

(869) SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SURINDER SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 09-05-2025
Motor Vehicles Act, 1988 — Sections 166 — Claim Petition — Compensation for injuries and permanent disablement — Insurer’s appeal challenging quantum — Claimant’s age 48 years at time of accident — 35% permanent physical impairment found by Medical Board — Medical Expert cross-examined
India Law Library Docid # 2425882

(870) NEELESH @ BITTU RAIKWAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 09-05-2025
Criminal Law — POCSO Act — False Implication — Medical Evidence — Contradictions in Witness Statements — Revenge and Vengeance — Setting Aside Conviction — Where the medical evidence (DNA report, medical examination) and witness testimonies (victim’s mother, victim, and other family members) present significant contradictions, especially regarding the timing and nature of injuries, and suggest a motive of false implication due to a family rivalry, the conviction under
India Law Library Docid # 2427817

(871) BHAIYALAL ADIVASHI Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 09-05-2025
Criminal Law — Murder (IPC S. 302) vs. Culpable Homicide Not Amounting to Murder (IPC S. 304 Part II) — Single Blow — Absence of Premeditation — The court considered whether an act causing death by a single blow should be classified as murder or culpable homicide not amounting to murder, particularly when the assault was not premeditated and occurred in the heat of the moment — The court held that if
India Law Library Docid # 2427818

(872) PARIMAL SINGH GURJAR Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 09-05-2025
Criminal Procedure Code, 1973 — Section 193 — Cognizance by Sessions Court — When Magistrate playing only a “passive role” in committing the case — If a Magistrate merely commits a case to the Sessions Court without deciding on the merits of taking cognizance against un-charge-sheeted persons (holding that the offence is triable by Sessions Court and it will decide involvement), the Sessions
India Law Library Docid # 2427819

(873) PRAYAG @ PADAM SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 09-05-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Customary bail — Appellants/accused were in judicial custody since 28.12.2024 — Delay in trial proceedings — Bail granted on merits and as a matter of customary bail in view of the delay in the trial proceedings.
India Law Library Docid # 2432271

(874) KULDEEP KUMAR AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 09-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8/22, 8/29 — Bail Application — Speedy Trial — Grant of bail on grounds of prolonged incarceration and delay in conclusion of trial, even if statutory embargoes exist, is permissible to protect the constitutional right to a speedy trial guaranteed under Article 21 of the Constitution.
India Law Library Docid # 2432273

(875) PADMARAM @ DEVARAM AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 09-05-2025
Penal Code, 1860 (IPC) — Section 307 — Attempt to murder — Framing of charge — Prima facie case — For framing a charge, the court needs to see if there is a prima facie case, not whether the case is beyond reasonable doubt. There must be strong suspicion that the accused has committed an offence. The court is not to meticulously judge the truth and effect of evidence at the stage of framing charges.
India Law Library Docid # 2432276

(876) BHAJAN LAL Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 09-05-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Appeal — Suspension of sentence pending appeal — Section 389 Cr.P.C. allows appellate court to suspend sentence pending appeal, often with conditions — Imposing a condition of depositing a percentage of the cheque amount is a discretionary power of the appellate court — Petitioner convicted under Section 138
India Law Library Docid # 2432282

(877) UMA SHANKER SHARMA AND ANOTHER Vs. MIHILAL SHARMA AND OTHERS[ALLAHABAD HIGH COURT] 08-05-2025
Civil Procedure Code, 1908 (CPC) — Order 47 Rule 1, Section 114 — Review — Apparent error on face of record — Review application maintainable if a substantial question of law was framed but omitted to be answered in the judgment.
India Law Library Docid # 2429265

(878) KHUMLABHAI KESARBHAI DHALAKIA AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 08-05-2025
Penal Code, 1860 — Section 302 (Murder) and 114 (Abettor present when offence is committed) — Criminal Appeal against conviction — Offence of culpable homicide amounting to murder — Role of accused — Evidence — Premeditation — Previous grudge between brothers over use of shared property — Accused No.1, the elder brother, came with an axe, hurled filthy language, and inflicted multiple axe blows on the deceased’s head, a vital part of the body — Accused Nos.2 and 3 (wife and daughter of Accused N
India Law Library Docid # 2425987

(879) SHREE MAHAVIR METALCRAFT PVT. LTD. Vs. JAMNAGAR MUNICIPAL CORPORATION AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Gujarat Provincial Municipal Corporation Act, 1949 — Section 141 — Municipal Taxation — Property Tax — Levy and Demand — Consolidated bills issued by Municipal Corporation challenging for period from 2013-14 to 2023-24 — Respondent Corporation concedes not enforcing demand for 2013-14 to 2017-18 — Challenge restricted to 2018-19 to 2023-24 — Statutory requirement of assessment and billing before expiry of official year — Contention that bills for later period
India Law Library Docid # 2425974

(880) M/S. BRILLIANT LIFESCIENCES PVT. LTD. Vs. GUJARAT MEDICAL SERVICE CORPORATION LTD. AND ANOTHER[GUJARAT HIGH COURT] 08-05-2025
Constitution of India, 1950 — Article 226 — Special Civil Application — Debarment order — Challenge to — Scope of High Court intervention — Petitioner restricting challenge to debarment order and withdrawing challenge to contract termination and security deposit forfeiture with liberty to avail alternate remedies — High Court limiting its examination to the validity of the debarment order based on material presented — Such restricted challenge is permissible
India Law Library Docid # 2425983