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(921) ISHRI Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Civil Procedure Code, 1908 — Order VII Rule 11 — Rejection of plaint — Land Revenue Act, 1860 (J&K) — Section 139 — Bar of civil court jurisdiction — Eviction proceedings before Revenue Officer — Maintainability of suit challenging Revenue Officer’s orders — Land Revenue Act provides exclusive machinery and remedies for matters within Revenue Officer’s cognizance, including eviction under Section 133 — Section 139 expressly bars jurisdiction of civil courts in such matters — Civil suit challengi
India Law Library Docid # 2425849

(922) VIPAN KUMAR Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Jammu and Kashmir Lambardari Act, 1972 / Jammu and Kashmir Lambardari Rules, 1980 — Lambardar Appointment — Temporary Appointment — Procedure — Requirement for equal opportunity — Though Rule 11 does not mandate notification for temporary appointment, providing equal opportunity to all interested candidates is inherent in the power to make such appointments — Dissemination of information regarding intention to make temporary appointment is essential for ensuring equal participation and preventin
India Law Library Docid # 2425850

(923) PREHLAD SINGH Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Administration of Justice — Judicial Orders — Requirement of Reasons — Essentiality — Reasons are the soul of a judgment and absence thereof amounts to non-application of mind and renders the order unsustainable — Adjudicating authority must disclose due application of mind through recorded reasons, benefiting litigants and higher courts by providing lucidity and foundation for conclusions and avoiding uncertainty — Legitimate expectation of a litigant to know
India Law Library Docid # 2425851

(924) POLLI DEVI AND OTHERS Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Motor Vehicles Act, 1988 — Compensation — Assessment of — Principles governing — Age and Income — Deceased driver’s age recorded as 45 in post-mortem report — Claimants’ assertion of 38 years without documentary proof insufficient to override post-mortem finding — (Para 13)

B. Motor Vehicles Act, 1988 — Compensation — Assessment of — Principles governing — Multiplier — Deceased aged 45, self-employed — Appropriate multiplier for loss of dependency is 14, not 13 as applied by Tribunal
India Law Library Docid # 2425852

(925) RAJINDER KUMAR Vs. STATE OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Penal Code, 1860 — Section 376 — Rape — Essential ingredients – Consent — Allegation of physical relationship maintained for seven years — FIR lodged only after petitioner refused marriage proposal — Complainant admittedly a major at the time of the initial alleged incident — Continuation of physical relationship for a prolonged period without prior complaint suggests consensual nature, not vitiating consent by misconception of fact based on a false promise of marriage at the inception — When al
India Law Library Docid # 2425853

(926) STATE/CENTRAL BUREAU OF INVESTIGATION Vs. BHUSHAN LAL OGRA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Criminal Procedure Code (Cr.P.C.), 1973 — Section 311 — Power to summon material witness — Rejection of application to recall witness to prove G.E.Q.D. opinion — Prosecution witness (G.E.Q.D.) expired, replacement witness summoned — Replacement witness appeared but could not be examined due to inability to locate document/record — Trial court closed evidence and dismissed application for recalling witness citing delay and attempt to fill lacunae — High Court finds witness essential to prove alle
India Law Library Docid # 2425854

(927) POLLI DEVI AND OTHERS Vs. ORIENTAL INSURANCE CO. LTD. AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Motor Vehicles Act, 1988 — Compensation — Assessment — Contributory negligence — Absence of proof — Where positive evidence led by claimants proves accident due to rash and negligent driving of offending vehicle, absence of any eye witness or evidence from Insurance Company to prove contributory negligence of deceased driver warrants rejection of plea of contributory negligence.
India Law Library Docid # 2425855

(928) BHAGAT RAM Vs. J&K SPECIAL TRIBUNAL AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Jammu and Kashmir Agrarian Reforms Act, 1976 — Sections 2(17), 4, 8, 21, 28-A, 40 — J&K Agrarian Reforms Rules, 1977 — Rule 12 — “Tiller” status — Conferment of ownership rights — Challenge to gift deed and claim of ownership by contesting respondents, ultimately unsuccessful, does not extinguish or merge their status as “protected tenants” or “tillers” if revenue records and evidence support such continuous possession since Kharif 1971.
India Law Library Docid # 2425856

(929) SUBASH CHANDER AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-05-2025
Civil Procedure Code, 1908 — Section 151 — Clubbing of Petitions — Analogous Issues — Two separate writ petitions involving similar and analogous issues of service benefits and retiral settlement are clubbed and disposed of by a common judgment and order for efficiency and consistency.
India Law Library Docid # 2425857

(930) GOPI PAPER MART INDIA PVT LTD Vs. LILA SHIP RECYCLING PVT LTD[GUJARAT HIGH COURT] 02-05-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Order 39, Rule 1 & 2 — Gujarat Land Revenue Code, 1879 — Bombay Agricultural Lands & Tenancy Act, 1948 — Specific Relief Act, 1963 — Section 34 — Injunction suit based on alleged encroachment — Maintainability — Where plaintiff claims title but ownership and exact boundaries or location
India Law Library Docid # 2426050

(931) M/S. RATHORE STEELS Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 02-05-2025
Gujarat Tenancy and Agricultural Lands Act, 1947 — Section 63AA — Bona fide industrial purpose — Application for certificate — Rejection/Consigning to file — Appeal under Section 63AA(d)(i) — Whether mandatory to file appeal upon every rejection/consigning to file — Collector’s power under Section 63AA is administrative, not quasi-judicial — Order dated 25.12.2023 consigning application to file due to lack of mandatory document is not a rejection of the application on substance — It was open to
India Law Library Docid # 2425982

(932) STATE OF GUJARAT Vs. SAJJANRAJ BHANVARALAL JAIN AND OTHERS[GUJARAT HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against Acquittal — Principles Governing — Appellate Court Review — Power to review, re-appreciate, and reconsider evidence — Double Presumption of Innocence — Available to accused under fundamental criminal jurisprudence principles — Reinforced upon acquittal — Where two reasonable views of evidence exist, ordinarily acquittal findings are not disturbed — Apex Court principles in Rajesh Prasad vs. State of Bihar applied
India Law Library Docid # 2425984

(933) PRAVINKUMAR VRAJLAL SEDANI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 02-05-2025
Saurashtra Gharkhed Ordinance, 1949 — Section 54 — Breach of conditions — Suo Motu proceedings — Initiation after unreasonable delay — Sale-deed registered in 1986, revenue entry mutated in 1986 — Suo motu proceedings initiated in 1991 — Delay of more than five years in initiating suo motu proceedings held by a Coordinate Bench in petitioner’s case concerning an identical issue and timeline to be unreasonable — Such judicial precedent binding on this Court due to identical facts and parties — In
India Law Library Docid # 2425985

(934) PRAKASHBHAI RAMJIBHAI SUTARIYA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 397 — Revision — Scope of — Exercise of — Limited jurisdiction — Object of revisional jurisdiction is to correct manifest illegality, perversity, or misreading of evidence leading to miscarriage of justice — Not to be exercised as a second appellate power for in-depth re-examination of evidence and overturning concurrent findings — Current case: Concurrent findings of trial and appellate courts on factual aspects and proper legal
India Law Library Docid # 2425986

(935) HEMIBEN LIMBABHAI PIPARIYA AND ANOTHER Vs. RASILABEN LIMBABHAI PIPARIYA AND OTHERS[GUJARAT HIGH COURT] 02-05-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Scope and Ambit — Concurrent Findings of Fact — Limited jurisdiction of High Court — Second Appeal can only be entertained if substantial question of law is made out — High Court cannot disturb concurrent findings of fact recorded by courts below in absence of any perversity, erroneous and arbitrary finding.
India Law Library Docid # 2426046

(936) SMT. MOHINDER KAUR AND OTHERS Vs. SMT. DARO AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Hindu Succession Act, 1956 — Section 8 — Succession to property of Hindu male dying intestate — P died issueless, leaving behind his mother ‘S’ as his only Class-I heir — Revenue authorities wrongly mutated his 1/4th share (which was actually only 3 kanals 3 marlas after his lifetime sales) in favour of his three brothers and sister (Daro), who were Class-II heirs — This mutation was incorrect as mother, being a Class-I heir, excludes Class-II heirs — ‘S’ was entitled to inherit the remaining 3
India Law Library Docid # 2425619

(937) RABINA AND OTHERS Vs. ARSHAD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 & Section 168 — Compensation — Death of child (3 years old) — Notional Income — Where Tribunal took notional income of 3-year-old deceased child (‘S’) as Rs.15,000/- p.a. for accident in 2012, High Court, relying on Kishan Gopal, 2013(4) RCR (Civil) 276 and Meena Devi, 2022(4) RCR (Civil) 553 (where Rs.30,000/- p.a. was taken for accidents in 1992 and 2003 respectively), and considering date of accident, deemed it just and appropriate to take notional incom
India Law Library Docid # 2425620

(938) RAVINDER SINGH Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 (IPC) — Sections 279 & 304-A — Rash and negligent driving causing death — Sentence — Reduction — Accused convicted under Ss. 279/304-A IPC for causing death of two persons by rash and negligent driving of truck in 1999; conviction upheld in appeal (2008) — Revision petition heard after 25 years from FIR — Accused had no criminal antecedents — Relying on Gurmukh Singh (CRR No.2168-2014) where sentence was reduced considering prolonged trial and compensation paid, and considering
India Law Library Docid # 2425621

(939) DARSHNA DEVI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 — Murder by setting deceased on fire — Conviction upheld — Prosecution case based on dying declaration (Ex.PG) of deceased Balbir Chand (recorded by ASI after deceased was declared fit by doctor, though doctor not examined) and testimony of two eyewitnesses, PW-2 Shiv Dayal (deceased’s cousin who accompanied him to accused Darshna Devi’s house) and PW-6 (neighbour who saw incident from rooftop) — Both eyewitnesses consistently stated that accused (deceased’s estran
India Law Library Docid # 2425622

(940) RAJNI Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Penal Code, 1860 — Section 302 r/w Section 34 — Murder by chemical burns — Conviction upheld — Accused Rajni, aggrieved by removal from job by deceased’s brother-in-law (Vivek Rawat), along with co-accused (driver Rakesh Kumar and two other females, tried as juveniles and acquitted), abducted deceased (Sunil Rawat, Vivek’s brother) in a Maruti van, poured acid on him, and left him — Deceased died of chemical burns — Testimony of complainant PW10 (Sanjay Rawat, deceased’s 16-year-old brother), an
India Law Library Docid # 2425623