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(881) RAJENDRA SINGH Vs. HARISH KUMAR AND OTHERS[MADHYA PRADESH HIGH COURT] 22-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 9 — Restoration of Suit — Dismissal in default — Limitation Act, 1963 — Section 5 — Condonation of Delay — Liberal approach — While courts generally adopt a liberal approach in condoning delay for “sufficient cause,” this principle is not absolute and must consider reasonableness and the party’s conduct.
India Law Library Docid # 2427770

(882) M.A Vs. SUPERINTENDENT OF POLICE, VELLORE AND OTHERS[MADRAS HIGH COURT] 22-05-2025
Habeas Corpus — Scope and Application — Adulthood and Choice — When an adult individual, aged 25 and well-qualified, clearly expresses her desire to leave her parental home and reside with another adult, and there is no evidence suggesting mental instability or undue influence, her decision must be respected. The Court’s role in a habeas corpus petition is to ascertain the free will of the corpus, and once established, to ensure their
India Law Library Docid # 2427976

(883) SAH AGENCIES PRIVATE LIMITED AND OTHERS Vs. CINNI FOUNDATION TRUST AND OTHERS[ALLAHABAD HIGH COURT] 21-05-2025
Commercial Courts Act, 2015 — Section 12-A — Pre-Institution Mediation — Dispensation of Requirement — Urgent Interim Relief — Courts must examine plaint, documents, and facts to determine if urgent interim relief is genuinely contemplated, and not merely a guise to bypass the mandatory mediation requirement. Plaintiff does not have an absolute right to bypass Section 12-A.
India Law Library Docid # 2429332

(884) CHALLA @ BHAGWAN DAS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 21-05-2025
Penal Code, 1860 (IPC) — Section 302 — Conviction for murder — Appeal against — Juvenile Justice — Appellant claimed to be juvenile on date of incident — School Leaving Certificate and statements recorded under Section 313 Cr.P.C. indicated appellant was below 18 years at time of offence — Juvenile Justice Board report confirmed juvenility after considering medical report and providing a two-year benefit — Court accepted the finding of juvenility.
India Law Library Docid # 2429339

(885) PROSANTA BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 21-05-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Penal Code, 1860 — Section 417 — Cheating — Promise of marriage — Consent to sexual intercourse — Validity of consent under misconception of fact — Applicability of Section 90 IPC — Distinction between false promise and mere breach of promise — Requirements for conviction under Section 417 IPC — Fact that
India Law Library Docid # 2426130

(886) AJAYPAL SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 21-05-2025
Penal Code, 1860 (IPC) — Sections 117, 143, 283, 353 — Unlawful Assembly, Abetment, Obstruction on Public Way, Assaulting Public Servant — Allegations against farmers for protesting water distribution changes — Peaceful protest, expression of dissent, and right to assemble guaranteed by Constitution — No evidence of violence, criminal force, or intent to deter public servants — Actions did
India Law Library Docid # 2432412

(887) RAGHVENDRA SINGH Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 20-05-2025
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (BNSS) — Section 528 — Quashing of Proceedings — High Court's inherent power under Section 482 Cr.P.C. can be exercised to prevent abuse of process or secure ends of justice, but sparingly and with circumspection.
India Law Library Docid # 2429962

(888) HARISHANKAR Vs. DISTRICT JUDGE, KAUSHAMBI AND ANOTHER[ALLAHABAD HIGH COURT] 20-05-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Alternative Remedy — Existence of statutory appeal against disciplinary authority's order to appellate authority is an efficacious remedy, warranting dismissal of writ petition without interference, while leaving open the petitioner's right to pursue the appeal.
India Law Library Docid # 2429963

(889) PRASHANT RAI Vs. STATE OF U P AND OTHERS[ALLAHABAD HIGH COURT] 20-05-2025
Constitution of India, 1950 — Article 226 — Judicial Review — Interference in Examination Matters — Courts generally must exercise restraint and respect the decisions of expert committees regarding key answers, unless there's a clear and glaring mistake, without requiring extensive reasoning.
India Law Library Docid # 2430198

(890) BIJOY KRISHNA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 20-05-2025
Criminal Procedure Code, 1973 — Section 383 — Appeal from Jail — Section 302 — Penal Code, 1860 — Murder — Circumstantial Evidence — Last Seen Theory — Non-examination of Material Witness — Hearsay Evidence — Failure to Establish Chain of Circumstances — Benefit of Doubt. The appellant’s conviction under Section 302 IPC based on circumstantial evidence, including the “last seen theory,” is challenged. The prosecution relied on witnesses whose testimony was
India Law Library Docid # 2426129

(891) DR. (MRS) ANURADHA GUPTA Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025
Writ of Quo Warranto — Appointment — Eligibility vs. Suitability — A writ of quo warranto lies when an appointment is contrary to statutory provisions; it cannot be used to assess a candidate’s suitability.
India Law Library Docid # 2427772

(892) LT.KARNEL CHANDRA KUMAR KICHLU (DELETED) AND OTHERS Vs. MUNICIPAL CORPORATION GWALIOR[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(b) — Rejection of plaint — Non-valuation or deficient court fee in appeal — Curable defect — An appeal cannot be dismissed solely for improper valuation or deficit court fee, especially if the objection is raised late, as this is a curable defect and the appellant should be given an opportunity to rectify it.
India Law Library Docid # 2427773

(893) CHANDRA @ CHANDA DEVI Vs. UTTAM SINGH[RAJASTHAN HIGH COURT] 20-05-2025
Hindu Marriage Act, 1955; Hindu Minority and Guardianship Act, 1956 — Transfer of Cases — Matrimonial Proceedings — Convenience of Wife — In matrimonial matters, wife's convenience, economic soundness, social strata, standard of life, and circumstances in eking out livelihood, are primary considerations for transfer of cases.
India Law Library Docid # 2432104

(894) RAJJAN Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 19-05-2025
Penal Code, 1860 (IPC) — Section 302/149 — Murder in furtherance of common object — Conviction under Section 302/149 modified to Section 304 Part II/149 — Evidence demonstrated that while the appellant caused injuries with a 'lathi', there was no clear intention to cause death. The fatal injury on the head was not explicitly attributed to the appellant, and the incident stemmed from a sudden quarrel rather than premeditation. The use of a 'lathi', a common item, does not automatically imply inte
India Law Library Docid # 2429333

(895) NARENDRA SINGH Vs. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 19-05-2025
Civil Service Regulations (CSR) — Regulation 351-A — Applicability to retired employees — Inquiry can be initiated only for misconduct within four years of retirement or initiation of inquiry, whichever is later — Allegations against petitioner related to 2010-11, petitioner retired on 31.03.2015, order for inquiry issued on 19.01.2016 — Regulation 351-A not applicable as the event occurred more than four years before the inquiry order.
India Law Library Docid # 2431296

(896) COMMITTEE OF MANAGEMENT, JAMI MASJID SAMBHAL AHMED MARG KOT SAMBHAL Vs. HARI SHANKAR JAIN AND OTHERS[ALLAHABAD HIGH COURT] 19-05-2025
Civil Procedure Code, 1908 — Section 80(2) — Urgent relief against Government — Leave to institute suit before expiry of notice period — Court has power to grant leave if satisfied with urgency, and such leave is a condition precedent to filing suit without notice — Objection regarding Section 80(1) not maintainable by a private individual as it's for the benefit of Government and its officers, who can waive it.
India Law Library Docid # 2430200

(897) LAVKUSH TIWARI AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 19-05-2025
North-Western Provinces Village and Road Police Act, 1873; Oudh Laws Act, 1876; Uttar Pradesh Police Regulations — Village Policemen / Gram Prahari — Petitioners are Village Policemen, appointed under Acts of antiquity, claiming entitlement to minimum pay of regular police personnel in Uttar Pradesh based on their long service, nature of duties, and parity with other auxiliary forces like Home Guards.
India Law Library Docid # 2430189

(898) GURKIRAT KALRA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 19-05-2025
Criminal Procedure Code, 1973 — Section 438 — Anticipatory Bail — Applicant residing abroad — Maintainability of application — Pre-arrest bail application can be filed by a person residing outside the country, but prior to the final hearing, the applicant must be physically present in India to enable the court to impose and enforce conditions as per law.
India Law Library Docid # 2427944

(899) M/S UNITED INDIA INSURANCE CO. LTD. Vs. SRI THANERWAR BARUAH AND OTHERS[GAUHATI HIGH COURT] 19-05-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal against judgment and award of Motor Accident Claims Tribunal — Quantum of compensation — Just and fair compensation — Principles — Appeal raising grounds of objection as to reasonableness and fairness of quantum awarded by Tribunal — Court’s role is to assess whether award has a reasonable basis and is not excessive — Interference warranted if compensation is not fair or reasonable
India Law Library Docid # 2426127

(900) RADHA RANI DAS AND OTHERS Vs. ASHISH MAZUMDAR AND OTHERS[GAUHATI HIGH COURT] 19-05-2025
Civil Procedure Code, 1908 — Order 21 Rules 97, 101 & 103 — Resistance or obstruction to possession of immovable property — Adjudication of claims — Third party claims — Scope of inquiry — Requirements — Court receiving application under Rule 97 must adjudicate claims in accordance with Rule 101, conducting a full inquiry into right, title, or interest — Applicant must be in possession to invoke Rule 97 — Appellants, claiming
India Law Library Docid # 2426128