(901) ANJANI GUPTA Vs. AJAY MENGI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 06-02-2025 Jurisdiction of High Court under Article 227 — The High Court's supervisory jurisdiction under Article 227 of the Constitution is limited to correcting grave derelictions of duty, flagrant violations of law, or miscarriages of justice — It cannot be used to reappreciate evidence or substitute its decision for that of a lower court. India Law Library Docid # 2422704
(902) MASTER ADHRITH BHAT Vs. THE REGISTRAR OF BIRTHS AND DEATHS UDUPI CITY MUNCIPALITY COUNCIL[KARNATAKA HIGH COURT] 06-02-2025 Registration of Births and Deaths Act, 1969 — Section 15 — Karnataka Registration of Births and Deaths Rules, 1999 — Rules 10 and 11 — In the absence of a provision under the Registration of Births and Deaths Act, 1969 and the Karnataka Registration of Births and Deaths Rules, 1999, for changing a name already registered, the authorities can, as an interim measure, allow the change of name in the Register of Births and Deaths by verifying the identity of the parents, incorporating the changed na India Law Library Docid # 2423156
(903) SCARPE MARKETING PRIVATE LIMITED AND OTHERS Vs. ANHEUSER BUSCH INBEV INDIA LIMITED AND OTHERS[KARNATAKA HIGH COURT] 06-02-2025 Arbitration and Conciliation Act, 1996 — Section 29-A(5) — Application for extension of time limit — In the absence of a specified limitation period for filing an application under Section 29-A(5), for extension of the arbitral mandate, the application must be made within a reasonable period after the mandate expires, and the determination of what constitutes a 'reasonable period' depends on the facts and circumstances of each case, with the court considering the presence of “sufficient cause” f India Law Library Docid # 2423157
(904) DR.KOSHY PHILIP Vs. THE REVENUE DIVISIONAL OFFICER AND OTHERS[KERALA HIGH COURT] 06-02-2025 Kerala Conservation of Paddy Land and Wetland Act, 2008 — Sections 2(xii), 2(xvii), and 5(4)(i) — Description of Property in Data Bank as ‘Dry Land’ — If a property is described as 'dry land' in the Data Bank prepared under the Act, 2008, it indicates that the competent authorities have determined it does not meet the criteria for 'paddy land' or 'wetland' as defined in Sections 2(xii) and 2(xvii) India Law Library Docid # 2423188
(905) ABDUL SATTAR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 06-02-2025 Medicine Central Council Act, 1970 — Section 17(4) — Criminal Procedure Code, 1973 (CrPC) — Section 155(2) — Quashing of FIR — The FIR was quashed because the alleged offences were non-cognizable, and the investigation was conducted in contravention of Section 155(2) of the CrPC, which requires prior approval from a Magistrate before investigating a non-cognizable offence — Additionally, the court noted a violation of natural justice because the FIR was registered the day after a show-cause noti India Law Library Docid # 2423239
(906) ANIL MANUBHAI MEHTA AND OTHERS Vs. ABDULBHAI JUSABBHAI AND ANOTHER[GUJARAT HIGH COURT] 06-02-2025 Motor Accident Claims — Negligence — Double compensation — The court overturned the MACT finding of 30% negligence on the part of the car driver, establishing that the truck driver was solely negligent due to driving at a high speed on the wrong side of the road, which directly caused the collision despite the car’s driver's evasive actions — Furthermore, the court addressed the issue of double payment, referencing the Supreme Court's India Law Library Docid # 2423312
(907) BAWA BARKULLAH DARGAH TRUST THROUGH AHMEDMIYA KADARMIYA SAIYED AND OTHERS Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 06-02-2025 Civil Procedure Code, 1908 — Order 9 Rule 13 — A separate delay application is not strictly mandatory for an application under Order 9 Rule 13 of CPC when the delay is explained therein, and procedural rules should facilitate justice, not obstruct it. India Law Library Docid # 2423328
(908) SRI RAJENDRA DEBBARMA @ RAJEN Vs. THE STATE OF TRIPURA[TRIPURA HIGH COURT] 06-02-2025 Penal Code, 1860 (IPC) — Sections 341, 354. 376(1) and 506 — Protection of Children from Sexual Offences Act, 2012 — Sections 4 and 8 — When the primary allegation of a more serious offence fails, conviction for a lesser included offence based on the same set of facts requires independent and satisfactory evidence for the latter — The High Court allowed an appeal, setting aside the conviction of the appellant under Sections 341, 354, and 506 IPC, and Section 8 of the POCSO Act, where the primary India Law Library Docid # 2423478
(909) SAHAJAHAN MAJUMDAR PROP. OF M/S SAHAJAHAN MAJUMDAR Vs. THE STATE OF TRIPURA AND OTHERS[TRIPURA HIGH COURT] 06-02-2025 Tripura Value Added Tax Act, 2004 — Sections 31, 33, 70, 72 and 74 — Limitation Act, 1963 — Section 5 — Assessment or reassessment of tax after the prescribed limitation period without proper legal basis, such as lack of initial notice or improper "best judgment assessment," is unsustainable in law — The High Court partly allowed revision petitions challenging assessment orders under the Tripura Value Added Tax Act, 2004 — The court set aside assessments barred by limitation and those involving India Law Library Docid # 2423479
(910) SRI BHARGAV CHALIHA Vs. MUSSTT RAHIMA BEGUM AND OTHERS[GAUHATI HIGH COURT] 06-02-2025 Motor Vehicle Act, 1988 — Sections 173, 166 and 87 — Motor Accident Claim — A party should not suffer due to the oversight or inaction of their advocate, and in such cases, an appellate court may remand a matter to the Tribunal to allow the party to adduce necessary evidence — The High Court allowed a motor accident claim appeal and remanded the case to the Tribunal, finding that the appellant should be given an opportunity to present evidence of a valid temporary road permit that was not produc India Law Library Docid # 2423508
(911) AMAN YADAV @ AMAN KUMAR AND OTHERS Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 06-02-2025 Penal Code, 1860 (IPC) — Section 376DA — Protection of Children from Sexual Offences Act, 2012 — Sections 4, 5(g), 6 and 42 — Evidence Act, 1872 — Sections 32, 145 and 157 — A conviction for rape under the IPC and POCSO Act cannot be sustained when the victim's statements are contradictory, the medical evidence does not support the allegation of rape, and other evidence lacks credibility — The High Court allowed two criminal appeals, setting aside the conviction and sentence of the appellants fo India Law Library Docid # 2423648
(912) JUNAD EQBAL KHAN @ JUNAID EKBAL KHAN Vs. SOHAIL KHAN AND OTHERS[PATNA HIGH COURT] 06-02-2025 Civil Procedure Code, 1908 — Order 41 Rule 11 — The interpretation of a High Court's stay order on execution proceedings can be subject to different understandings regarding its duration and conditions — The High Court disposed of a petition concerning the interpretation of its previous stay order in a second appeal that affected an execution case — The executing court had refused to proceed, believing the stay was still in effect — The High Court noted two possible interpretations of its orders India Law Library Docid # 2423672
(913) RAM SUBHAG YADAV Vs. NIRMAL KUMAR AND OTHERS[PATNA HIGH COURT] 06-02-2025 Civil Procedure Code, 1908 — Order 7 Rule 11 — Courts have the discretion to reject an application for filing a written statement beyond the prescribed time, especially when there is gross negligence and a lack of reasonable explanation for the delay — The High Court dismissed a petition seeking to quash a trial court's order that had rejected the defendant's application to file a written statement after a delay of approximately fifteen years, following the completion of the plaintiff's evidence India Law Library Docid # 2423673
(914) ASLAM @ MD. ASLAM ALI @ ASLAM ALI Vs. STATE OF BIHAR[PATNA HIGH COURT] 06-02-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 67 — A conviction under the NDPS Act cannot be based solely on the inadmissible confessional statement of a co-accused recorded under Section 67 of the NDPS Act when no contraband is recovered from the accused — The High Court allowed a criminal revision petition, quashing the order of the Sessions Judge that had rejected the petitioner's application for discharge under Section 227 of the Cr.P.C — The court held that the sole materia India Law Library Docid # 2423674
(915) RAMBABU GUPTA AND OTHERS Vs. SHRI GANESH JI MAHARAJ VIRAJMAN[ALLAHABAD HIGH COURT] 06-02-2025 U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 — Sections 2(1)(bb) and 21(1)(a) — A private trust can set up a plea of bona fide need for the family members of the Mutawalli under Section 21(1)(a), as the exemptions for public trusts introduced by later amendments do not apply — The petitioner, a tenant, challenged a release order in favor of the landlord (a private trust), arguing that personal need cannot be claimed for the Mutawalli's family under the Act — The court India Law Library Docid # 2423712
(916) MAYANK PARASARI Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 06-02-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 161, 162 and 288 — Evidence Act, 1872 — Section 145 — Previous statements to the police under Section 162 CrPC can be used by the accused to contradict prosecution witnesses under Section 145 of the Indian Evidence Act, provided the witness is confronted with the specific parts of the statement and given an opportunity to explain any discrepancies — The appeal arises from a murder conviction, with the court discussing the proper procedure for cross India Law Library Docid # 2423713
(917) RAJESH Vs. PRATIBHA[BOMBAY HIGH COURT (NAGPUR BENCH)] 05-02-2025 Hindu Marriage Act, 1955 — Section 24 — Husband filed a writ petition challenging a lower court's order to pay his wife interim maintenance — The husband had filed the petition to declare his marriage null and void, arguing that his wife's prior marriage was still valid at the time of their marriage — The wife then sought interim maintenance under Section 24 — The trial court granted the wife Rs. 3,000 per month as interim maintenance and Rs. 1,000 for application costs — The husband argued that India Law Library Docid # 2422535
(918) CHAIRMAN, NAGPUR IMPROVEMENT TRUST, STATION ROAD, SADAR, NAGPUR Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 05-02-2025 Land Acquisition Act, 1894 — Section 30 — Nagpur Improvement Trust Act, 1936 — Section 45 — Land Acqusition proceedings — Challanged — The Court rejected the plaint filed by the plaintiffs challenging the land acquisition proceedings, holding that the suit was barred by limitation and that the civil court had no jurisdiction to entertain such a challenge — The court relied on the principle that once land is acquired and possession is taken by the government, it vests in the state, and the origin India Law Library Docid # 2422528
(919) BALWINDER KAUR AND OTHERS Vs. BALPREET SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-02-2025 Civil Procedure Code, 1908 (CPC) — Order 22 Rule 5 — Summary Inquiry for Legal Representation — The scope of inquiry under Order 22 Rule 5 of the CPC is summary in nature, focused on determining legal representation. India Law Library Docid # 2422620
(920) NAVEEN AND OTHERS Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 05-02-2025 Service Law — Selection Process — BC certificates linked to the Parivar Pehchan Patra (PPP) portal are considered valid for the entire selection process, notwithstanding the certificate's date, if no prejudice is caused to the selection's integrity — The Court highlighted the integrated nature of the PPP portal and the BC certificate issuance process, rendering the date of the certificate secondary to its authenticity and relevance — This decision establishes a precedent for the acceptance of el India Law Library Docid # 2422627