(901) LATA GOYAL Vs. THE UNION OF INDIA AND ANOTHER[CHHATTISGARH HIGH COURT] 05-05-2025 Constitution of India, 1950 — Article 226 — Maintainability of Writ Petition — Against Autonomous Institutions — Indian Institute of Management (IIM) Raipur — Whether amenable to writ jurisdiction in employment matters — IIM, established under the Indian Institutes of Management Act, 2017, possessing perpetual succession and a common seal, empowered to contract and sue/be sued in its own name — Governed by its own Board of Governors (BoG) with administrative and financial independence — Act of 2 India Law Library Docid # 2425690
(902) DR. KANTI LAHARIYA AND OTHERS Vs. DINESH KUMAR SHARMA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 05-05-2025 Criminal Procedure — Medical Negligence — Requirement of Expert Opinion for FIR Registration — Before registering an FIR or entertaining a private complaint against a medical professional for criminal negligence (under Section 304A IPC), it is mandatory to obtain a credible opinion from a competent doctor, preferably a government doctor qualified in that specialty, confirming a prima facie case of gross rashness or negligence — A simple error of judgment or lack of care, insufficient for India Law Library Docid # 2427823
(903) RAVI NARANG Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-05-2025 Criminal Procedure Code, 1973 — Section 319 — Summoning of additional accused — Standard of proof required — Mere probability of complicity is insufficient — Stronger evidence than prima facie, but short of proof beyond reasonable doubt, is required — Evidence must have weightage comparable to that against existing accused. India Law Library Docid # 2428507
(904) SUKHDEV SINGH MAJITHIYA AND OTHERS Vs. BHAVNESH KUMAR JINDAL AND OTHERS[ALLAHABAD HIGH COURT] 02-05-2025 Registration Act, 1908 — Section 17(1)(e) and 17(2)(vi) — Compulsory Registration — Decree or Order — A compromise decree or a decree passed on admission, which pertains to the subject matter of the suit and does not create a new right, is generally exempt from compulsory registration. India Law Library Docid # 2429270
(905) PRASHANT SHUKLA Vs. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 02-05-2025 Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Directory, not mandatory, to approach Sessions Court first — Conditions for approaching High Court directly — High Court can entertain anticipatory bail application directly if special circumstances exist justifying such approach. India Law Library Docid # 2431184
(906) KAMTA PRASAD Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 02-05-2025 Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Application for additional documents — Court below wrongly rejected petitioner's application for filing additional documents, misinterpreting it as an application under Order 41 Rule 27 CPC for appeal proceedings — Section 34 proceedings are summary in nature and not an appeal. India Law Library Docid # 2429246
(907) AMBIKA PRASAD @ AMBIKA PRASAD PANDEY AND OTHERS Vs. SHYAM BIHARI AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 02-05-2025 Indian Succession Act, 1925 — Section 63 — Execution of Wills — The testator must sign or affix their mark to the will, or have it signed by another person in their presence and by their direction, with the intention of giving effect to it as a will. India Law Library Docid # 2431678
(908) LAKHAN AND OTHERS Vs. STATE[ALLAHABAD HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeal against conviction — Murder and grievous hurt — Injury on accused not explained by prosecution — Failure to explain genesis of incident — Right of private defence — Acquittal. India Law Library Docid # 2430382
(909) PROF HARISH CHANDRA CHAUDHARY AND OTHERS Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 02-05-2025 Central Civil Services (Pension) Rules, 1972 — Applicability — Employees of Banaras Hindu University (BHU) governed by CPF Scheme sought to switch to Pension Scheme — BHU's administrative decisions to allow this switch were not approved by UGC or Central Government — Previous petition challenging similar claims was dismissed by this court and attained finality — BHU’s subsequent resolutions to extend benefits based on Delhi High Court and Supreme Court judgments were also unapproved — Held, BHU’ India Law Library Docid # 2430381
(910) GOPAL RAVJI MALI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 397 read with Section 401 — Criminal Revision Application (Against Conviction) — Scope of Revisional Jurisdiction — Limited jurisdiction to address manifest illegality or perverse findings resulting in miscarriage of justice — Cannot be exercised as a second appellate power for re-examination of evidence — Concurrent findings of Trial Court and First Appellate Court upheld unless demonstrably erroneous India Law Library Docid # 2425988
(911) RAFIKBHAI HUSAINBHAI PATHAN Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 427(1) — Concurrent or consecutive sentences — Separate transactions — Applicant convicted in two distinct criminal cases arising from separate loan transactions and dishonoured cheques under Section 138 of the Negotiable Instruments Act, 1881 — First case involves joint loan with wife, second case involves individual loan — Trial and appellate courts passed separate judgments without directing concurrent sentences — Applicant withdrew revision application India Law Library Docid # 2425990
(912) RAYAN Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 02-05-2025 Companies Act, 2013 — Section 143 and 147(2) — Allegations of non-disclosure in related party transactions in financial statements by auditors — Prosecution initiated against individual partner of audit firm, not the firm itself — Requirements for vicarious liability of an individual in a company or partnership firm — Essential for company/firm to be arraigned as accused and specific allegations against individual’s personal involvement or fraudulent conduct — Absence of firm as accused and vagu India Law Library Docid # 2425991
(913) YOGESH BHAGWANDAS PATEL Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 154 — Registration of FIR — Second FIR — Maintainability — General rule is one FIR per cognizable offence/incident — However, exceptions exist where a second FIR is permissible. India Law Library Docid # 2425992
(914) VANSHAJ AZAD AND OTHERS Vs. BAR COUNCIL OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 02-05-2025 Advocates Act, 1961 — Section 24(1)(f) — Bar Council of India Rules — Enrollment fees — Charging of excessive fees by State Bar Councils beyond statutory limit — Validity — Supreme Court in Gaurav Kumar Vs. Union of India’ holding such excess fee charging as bad in law, contravening Section 24(1)(f) and Articles 14 & 19(1)(g) of the Constitution India Law Library Docid # 2425933
(915) MOHD. AFZAL BEIGH Vs. NOOR HUSSAIN[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025 Bharatiya Nagrik Suraksha Sanhita, 2023 — Section 528 — Quashment of orders — Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Complaint procedure — Order directing issuance of pre-cognizance notice and subsequent non-bailable warrant of arrest challenged — Contention is that procedure under NI Act, particularly Section 142, is exclusive and issuance of such notices/warrants is unwarranted. India Law Library Docid # 2425848
(916) RUNUMI GOGOI SAIKIA AND ANOTHER Vs. UNION OF INDIA AND AND OTHERS[GAUHATI HIGH COURT] 02-05-2025 Recovery of Debts and Bankruptcy Act, 1993 — Sections 25 & 28 — Modes of recovery of debts — Attachment of mortgaged property — Principle of Natural Justice — Opportunity to be heard — Recovery Officer’s power to attach mortgaged property is available under Sections 25 and 28 — Order of attachment passed without giving opportunity to petitioners violates principles of natural justice under Article 21 of the Constitution — Such an order India Law Library Docid # 2426165
(917) JOGEN SARMA @ JOGEN CHANDRA SARMA @ JOGENDRA CHANDRA SARMA Vs. DHRUBAJYOTI SARMA AND OTHERS[GAUHATI HIGH COURT] 02-05-2025 Civil Procedure Code, 1908 — Section 152 — Correction of decree — Jurisdiction — Application under Section 152 to correct decree dated 23.01.1982 by Civil Judge (Junior Division) No. 1, Darrang, the Executing Court — Lower Court correctly rejected application as it lacked jurisdiction to correct decree passed by Appellate Court India Law Library Docid # 2426166
(918) DHRUBAJYOTI BORAH Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 302/201 (corresponding to Sections 103/238 BNS) — Murder and Causing disappearance of evidence of offence — Circumstantial Evidence — Requirements for conviction based on circumstantial evidence are establishing an unbroken chain of circumstances leading to the only conclusion of guilt of the accused — Admissibility of extra-judicial confession made before police hit by Section 25 (corresponding to Section India Law Library Docid # 2426167
(919) MANISH AGRAWAL AND OTHERS Vs. WAQF ZAMA MASJID INTZAMIYA COMMITTEE THR. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-05-2025 Waqf Act, 1995 — Sections 83(1) and 85 — Jurisdiction of Waqf Tribunal — Eviction of Tenant from Waqf Property — The Waqf Tribunal, constituted under Section 83 of the Waqf Act, 1995, has exclusive jurisdiction to entertain a suit for eviction of a tenant from a Waqf property — This jurisdiction is clear from the language of Section 83(1), especially after its amendment by Act 27 of 2013, which explicitly includes “eviction of a tenant” — Consequently, Section 85 of the Act bars India Law Library Docid # 2425575
(920) MINY RAJ MODI Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 02-05-2025 Criminal Procedure Code, 1973 — Section 482 / Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of FIR — POCSO Act — Insufficient Evidence and Contradictory Medical/Forensic Reports — An FIR registered for offences under the POCSO Act and IPC (Sections 376, 190) is liable to be quashed under Section 482 Cr.P.C. (or Section 528 BNSS) when multiple medical examinations of the 8-year-old prosecutrix, including by a Medical Board, reveal no external injuries, no bleeding, and an inta India Law Library Docid # 2425576