(921) 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
(922) 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
(923) 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
(924) 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
(925) 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
(926) 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
(927) 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
(928) 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
(929) 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
(930) 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
(931) 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
(932) 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
(933) RAM NIVAS Vs. THE STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India, 1950 — Article 226 — Habeas Corpus — Legality of Detention — A writ of habeas corpus generally cannot be issued when a person is committed to judicial custody by a competent court’s order, provided the order is not prima facie without jurisdiction or wholly illegal. India Law Library Docid # 2427774
(934) MANGHU BAIGA Vs. STATE OF MP. AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Constitution of India — Article 226 — Writ Petition — Challenging order withdrawing financial powers of Sarpanch — Financial powers of Sarpanch withdrawn after being caught accepting bribe and registration of a criminal case under Prevention of Corruption Act, 1988 — Order passed without considering reply to show cause notice and opportunity of hearing — Contention that there is no provision India Law Library Docid # 2427775
(935) SHANU AUTOMOBILES Vs. RAMJI RAUT[MADHYA PRADESH HIGH COURT] 19-05-2025 Criminal Procedure Code, 1973 — Section 204(4) — Dismissal of Complaint for Non-Payment of Process Fee — The Magistrate has the discretion to dismiss a complaint if the requisite fees for issuing process are not paid within a reasonable time — This dismissal is not an acquittal, and the order cannot be treated as such. India Law Library Docid # 2427776
(936) SURENDRA KUMAR MATHUR Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 19-05-2025 Service Law — Departmental Enquiry — Misconduct — Compulsory Retirement — Discrimination in Punishment — Principle of “Equality among Equals” — Assistant Jailor vs. Head Warder/Warder — Petitioner, as Assistant Jailor and in charge of Sub-jail, had different responsibilities and charges (inefficient control over prisoners/staff) compared to Head Warder/Warders — Therefore, plea of discrimination in punishment against other incumbents is not available as they are not India Law Library Docid # 2427777
(937) JYOTI DAS Vs. CENTRAL RAILWAY CSM TERMINUS AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Pension and Family Pension — Eligibility — Daughter — Widowed/Divorced Daughter — Central Civil Services (Pension) Rules, 1972 — Rule 54(6) — Office Memoranda — A daughter is eligible for family pension as a widowed/divorced daughter only if she meets all eligibility conditions at the time of her parents’ death or ineligibility and when her turn to receive the pension arrives — The critical factor is her status (married/unmarried/widowed/divorced) at the time the pension becomes India Law Library Docid # 2427778
(938) UNION OF INDIA AND ANOTHER Vs. NIRMALA RAJPUT AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Family Pension — Eligibility of Divorced Daughter — “Talaknama” (marriage dissolution agreement) — A Talaknama, even if executed by mutual consent, is not a legally valid document for dissolution of marriage under Hindu Law — The date of divorce is the date when a competent court grants a decree of divorce, not the date of a Talaknama. India Law Library Docid # 2427779
(939) KRISHNAPAL SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 19-05-2025 Criminal Law — Rape (IPC Section 376(2)(n)) — Absence of Injury — It is well-settled law that the absence of internal or external injuries on the body of the prosecutrix does not automatically lead to the conclusion that sexual intercourse was consensual — The oral testimony of the prosecutrix, if found credible, can be sufficient for conviction. India Law Library Docid # 2427780
(940) RAM SINGH BAKORIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-05-2025 Service Law — Departmental Enquiry — Disciplinary Authority — Disagreement with Enquiry Officer’s Findings — M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 — Rule 15(2) — Obligation to record reasons — Where the Disciplinary Authority disagrees with the Enquiry Officer’s finding that the charge is not proved, it is mandatory for the Disciplinary Authority to record its reasons for India Law Library Docid # 2427781