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(881) PRAKASH NARAIN AND OTHERS Vs. HARI BUX SINGH AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 17-02-2025
Civil Procedure Code, 1908 — Order 43 Rule 1(U), Order 41 Rule 17, Order 41 Rule 31 — Limitation Act, 1963 — Section 3 — The first appellate court possesses powers akin to a trial court and can consider all aspects of a case, including framing issues and taking evidence, to ensure a final determination, and remand should only be ordered when inevitable, with reasons recorded — This appeal addresses whether the lower appellate court correctly remanded a suit back to the trial court for non-framin
India Law Library Docid # 2423734

(882) UNITED INDIA INSURANCE CO. LTD. Vs. DARSHANA & OTHERS[PUNJAB AND HARYANA HIGH COURT] 17-02-2025
Motor Vehicles Act, 1988 — Compensation — Fatal Accident — Notional Income — Student Victim — Deceased was a 17-year-old, 11th standard student at the time of the accident (27.09.2014). The Tribunal assessed notional income at 6,000/- per month — Held — Considering precedents involving students (Bishnupriya Panda V/s Basanti Manjari Mohanty [2023 (4) TAC 44], Arjun Kumar Aggarwal V/s The New India Assurance Co. Ltd. [2023(3) TAC 23], Kandasami & O vs. Lindabriyal & Anr. [2023 ACJ 1653]) and taki
India Law Library Docid # 2423869

(883) SATBIR (DECEASED) THROUGH HIS LRS. Vs. RAM MEHAR (DECEASED) THROUGH HIS LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 17-02-2025
Civil Procedure Code, 1908 — Order 41 Rule 27 — Additional Evidence in Appeal — Stage of Consideration and Decision — Application filed under O.41 R.27 CPC before the First Appellate Court seeking permission to lead additional evidence. The First Appellate Court dismissed the application while the main appeal remained pending for final hearing — Held — It is a settled principle of law that an application under Order 41 Rule 27 CPC should be considered and decided along with the main appeal at th
India Law Library Docid # 2423871

(884) SUKHBIR SINGH AND OTHERS Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 17-02-2025
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(2) — Lapsing of Acquisition — Conditions — Petitioners sought declaration of lapsing of acquisition initiated under Land Acquisition Act, 1894 — Relying on Indore Development Authority versus Manohar Lal and others, (2020) 8 SCC 129 — Held — For acquisition under the 1894 Act to lapse under Section 24(2) of the 2013 Act, either physical possession must not have been taken or co
India Law Library Docid # 2423872

(885) HAWA SINGH Vs. THE STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 17-02-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Delay and Laches — Service Matter — Counting of Work-Charge Service — Petitioner, who retired from service on 30.06.2010, filed a writ petition in 2025 seeking direction to count his work-charge service rendered from 1973 to 1981 for retiral benefits — Explanation for the inordinate delay cited as illiteracy and unawareness of policies —
India Law Library Docid # 2423873

(886) HARCHARAN SINGH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 17-02-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Negotiable Instruments Act, 1881 — Section 138 — Appeal Against Conviction — Suspension of Sentence — Cancellation of Bail and Issuance of Non-Bailable Warrants (NBWs) for Non-Appearance — Procedural Fairness — Securing Presence of Accused — While courts must ensure the presence of the accused, resorting directly to cancellation of bail and issuance of NBWs for a single non-appearance, particularly during the
India Law Library Docid # 2423881

(887) BHAGAL (SINCE DECEASED) THROUGH LRS Vs. BULLA (SINCE DECEASED) THROUGH LRS AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 17-02-2025
Consent Decree — Challenge — Fraud — Family Settlement — A consent decree, especially one involving in-court statements, can only be challenged for fraud proven beyond reasonable doubt, not merely for incorrect facts underlying a pleaded family settlement or procedural aspects like lack of summons or speed of disposal — Plaintiff failed to meet this high burden of proof
India Law Library Docid # 2423868

(888) DR. MOHAMMAD IMTIYAZ Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 17-02-2025
Criminal Procedure Code, 1973 — S. 227, S. 228 & S. 482 — Framing of Charge — Quashing of Proceedings — Requirement of Legally Admissible Evidence — For a charge to be framed against an accused, there must exist prima facie evidence that is legally admissible — Where the only material connecting the petitioner to the alleged offences is found to be legally inadmissible, the order framing charge against the petitioner is liable to be quashed under S. 482 Cr.P.C., as compelling the accused to face
India Law Library Docid # 2423998

(889) SURYABHAN SINGH SHAKTAWAT Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-02-2025
Service Law — Transfer — Judicial Review — Scope and Limitations — Courts generally refrain from interfering with transfer orders made in the public interest or for administrative reasons, as transfer is an incidence of service for employees holding transferable posts — Interference under writ jurisdiction is typically limited to cases where the transfer order is vitiated by mala fides or is passed in violation of mandatory statutory rules or applicable policy guidelines.
India Law Library Docid # 2424268

(890) MOHAMMAD KASIF AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-02-2025
Constitution of India — Arts. 14, 21, 39A — Rajasthan Civil Services (Service Matters Appellate Tribunal) Act, 1976 — Alternative Remedy — Effectiveness — Speedy Justice — The availability of an alternative remedy before a statutory Tribunal (RAT) presupposes its effective and efficient functioning — Inordinate delays in listing matters, restricted working hours significantly less than official timings, and prolonged delays in pronouncing reserved judgments by the Tribunal frustrate the purpose
India Law Library Docid # 2424271

(891) MR. JIGAR MAHENDRA SHETH SOLE PROPRIETOR OF M/S. PYARA INTERMEDIATE AND CHEMICAL CO. AND OTHERS Vs. SUCRAM PHARMACEUTICALS PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR MR. THANGAVEL PRAVINKUMAR AND OTHERS[MADRAS HIGH COURT] 17-02-2025
Civil Procedure Code, 1908 / Contract Act, 1872 — Suit by Agent — Power of Attorney — Maintainability — A suit filed and represented by a duly authorized power of attorney agent on behalf of the principal (sole proprietor) is maintainable in law.
India Law Library Docid # 2424409

(892) MADESWARAN Vs. THE DISTRICT COLLECTOR AND OTHERS[MADRAS HIGH COURT] 17-02-2025
Constitution of India, 1950 — Articles 14, 15, 17, 25, 26 — Hindu Religious Institutions — Caste vs. Religious Denomination — Temple Ownership and Administration — A caste group, merely identifying as such, cannot claim ownership or exclusive administrative rights over a Hindu temple presumed to be public — Caste identity is distinct from a ‘religious denomination’ which requires common faith, organization, and a distinctive name, usually related to a specific founder or religious philosophy — C
India Law Library Docid # 2424410

(893) RAMASAMY AND OTHERS Vs. PALANIAMMAL AND OTHERS[MADRAS HIGH COURT] 17-02-2025
Evidence Act, 1872 — Sections 68, 90 — Registration Act, 1908 — Presumption as to Registered Documents — Burden of Proof — Release Deed — A registered document, like the Release Deed carries a presumption of due execution and registration — Once the execution of such a document is prima facie established by examining one attesting witness as required, the burden shifts heavily onto the party challenging its validity (plaintiffs) to
India Law Library Docid # 2424452

(894) HAKAMDIN AND OTHERS Vs. SEHROON KHAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 15-02-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Enhancement — Fatal Accident — Income Assessment (Student) — Deceased,19 years old B.A. student — Appellants claimed income of Rs. 20,000/- p.m. from tuitions and IT-ITes Level-1 qualification, seeking enhancement over Tribunal’s assessment of Rs. 10,000/- p.m — No documentary proof of income adduced — Tribunal noted minimum wage notification (Rs. 9,803/- p.m.) produced by claimants themselves —Held — In absence of any documentary proof sup
India Law Library Docid # 2423870

(895) GURPAL SINGH AND ANOTHER Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 15-02-2025
Penal Code, 1860 — Section 302 — Murder — Circumstantial Evidence — Principles — Conviction for double murder based solely on circumstantial evidence — Held — In cases resting on circumstantial evidence, the prosecution must establish a chain of evidence so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused, and must show that, in all human probability, the act was done by the accused — The circumstances must be fully established,
India Law Library Docid # 2423874

(896) DHARAM PAL Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 15-02-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 50 — Search — Mandatory Compliance — Strict Interpretation — The provisions of Section 50 of the NDPS Act, concerning the conditions under which a search of a person shall be conducted, are mandatory and require strict compliance — Failure to adhere to the prescribed procedure renders the recovery of any illicit article from the person of the accused suspect and vitiates a conviction recorded solely on the basis of such re
India Law Library Docid # 2423875

(897) SUNIL Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 15-02-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 20(b)(ii)(B) — Sentence — Modification — Principles of Proportionality and Reformation — Appellant convicted under S. 20(b)(ii)(B) of NDPS Act for possession of 330 grams of Charas (intermediate quantity) and sentenced to 4 years Rigorous Imprisonment (RI) and fine of Rs. 50,000/- by trial court — In appeal, conviction not challenged on merits; prayer restricted to modification of sentence to period already undergone — Hig
India Law Library Docid # 2423876

(898) KULJINDER SINGH Vs. BHATANA ALLOYS PVT. LTD.[PUNJAB AND HARYANA HIGH COURT] 15-02-2025
Negotiable Instruments Act, 1881 — Sections 138, 141, 142 — Criminal Procedure Code, 1973 — Section 482 — Quashing of Complaint and Summoning Order — Vicarious Liability of Director — Resignation Prior to Cheque Dishonour — Post-Dated Cheque — Knowledge of Complainant — Petitioner signed a post-dated cheque as Director/Authorised Signatory but resigned from the company on 25.06.2012 — The cheque (dated 15.04.2014) was presented and dishonoured (‘account closed’) around 03.05.2014, well after his
India Law Library Docid # 2423878

(899) SANDEEP ALIAS KALA Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 15-02-2025
Penal Code, 1860 — Sections 147, 148, 149, 323, 341, 506, 325, 307 — Criminal Procedure Code, 1973 — Section 439 — Regular Bail — Prolonged Custody — Delay in Trial — Parity — Criminal Antecedents — Right to Speedy Trial (Constitution of India, Article 21) — Petitioner in custody for 10 months, 23 days — 3-day Delay in FIR — No specific injury attributed — No recovery required; similarly situated co-accused granted bail (parity) — Considering the substantial custody period already undergone (10
India Law Library Docid # 2423879

(900) GURJANT SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 14-02-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21-A, 21(B), (C), 29, 61 and 85 — Bail — Bail as the General Rule — The grant of bail is the general rule, with incarceration being the exception, underlining the principle of presumption of innocence.
India Law Library Docid # 2422622