(941) STATE OF CHHATTISGARH Vs. SURAJRAM AND OTHERS[CHHATTISGARH HIGH COURT] 25-03-2025 Penal Code, 1860 — Sections 149, 302, 307 — Unlawful Assembly — Murder and Attempt to Murder — Evidence of Injured Eyewitness — Corroboration — The testimony of an injured eyewitness (PW-1) regarding the commission of murder and attempt to murder by members of an unlawful assembly carries significant evidentiary value — Minor contradictions or omissions, or failure to name all accused in the FIR initially, do not vitiate the entire testimony if the witness consistently implicates the accused, in India Law Library Docid # 2424700
(942) THE UNITED INDIA INSURANCE CO LTD Vs. KARU NUKALAMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 25-03-2025 Motor Vehicles Act, 1988 — Section 166 — Legal Representative — Entitlement of Married Daughter to Claim Compensation — A married daughter, being a legal heir under personal law, falls within the inclusive definition of ‘legal representative’ under Section 2(11) of the Code of Civil Procedure, 1908 (applicable to the Motor Vehicles Act, 1988) and is therefore entitled to maintain a claim petition under Section 166 seeking compensation for the death of her father in a motor accident — Her eligibi India Law Library Docid # 2424823
(943) SANGISAPU SEETARAMA RAO AND OTHERS Vs. B V S MURTHY[ANDHRA PRADESH HIGH COURT] 25-03-2025 Registration Act, 1908 — Transfer of Property Act, 1882 — Cancellation of Registered Sale Deed — A registered sale deed cannot be unilaterally cancelled by the vendor by executing a cancellation deed before the Sub-Registrar Such cancellation is void, non est, and meaningless, especially without mutual consent of all parties or an order from a competent Civil Court annulling the sale deed — The Sub-Registrar lacks the authority to register such unilateral cancellation deeds. India Law Library Docid # 2424872
(944) CH. KESHO DASS (DECEASED) THROUGH LRS Vs. LOCHAN SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Evidence — Oral Sale of Land — Burden of Proof — In a claim based on an alleged oral sale of substantial land for a significant consideration (Rs. 35,000 in 1952), the burden lies heavily upon the plaintiff asserting the sale — The absence of any oral or documentary evidence substantiating the transaction, coupled with the implausibility of such a high-value oral transaction without documentation, points against the veracity of the claim. India Law Library Docid # 2424984
(945) PREM SAGAR Vs. CHAMAN LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Hindu Law — Joint Family Property — Presumption and Nucleus — The mere existence of a joint Hindu family does not raise a presumption that property possessed by a member is joint family property — The party alleging that property is joint must demonstrate the existence of an adequate joint family nucleus from which the property could have been acquired — Upon such proof, the onus shifts to the party claiming self-acquisition. India Law Library Docid # 2424985
(946) SMT. SANTOSH AND ANOTHER Vs. SATBIR @ KALIA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation — Loss of Dependency (Pension) — Where a deceased ex-serviceman was receiving pension and the widow is entitled to family pension, the loss of dependency arising from the pension component is assessable based on the difference between the deceased’s pension and the family pension payable to the widow — Appropriate deductions for personal expenses and the relevant multiplier based on the deceased’s age apply to this differential amount. India Law Library Docid # 2424986
(947) SUKHDEEP SINGH Vs. HARBANT KAUR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Order 18 Rule 3 — Rebuttal Evidence — A plaintiff’s right to lead evidence in rebuttal is restricted to issues where the burden of proof lies on the defendant — To exercise this right, the plaintiff must explicitly reserve it, either at the time of closing affirmative evidence or, at the latest, before the defendant commences their evidence — Failure to reserve this right forfeits the entitlement to lead rebuttal evidence on issues where the onus rests with the plain India Law Library Docid # 2424987
(948) PAWAN KUMAR Vs. YOMI AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 — Section 125 — Interim Maintenance — Assessment of Husband’s Income — In proceedings for interim maintenance, the Family Court possesses the authority to assess the husband’s income by considering factors beyond his declared unemployment — Evidence such as high educational qualifications (B.Tech.), maintenance of multiple bank accounts with regular transactions, significant insurance policy premiums, and substantial EMI payments for large loans justifies a presumpt India Law Library Docid # 2424988
(949) KALU SINGH Vs. STATE[RAJASTHAN HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 (Cr.P.C.) — Section 319 — Summoning Additional Accused — Standard of Proof Required — Material Contradictions in Evidence — The power under Section 319 Cr.P.C. to summon an additional accused should not be exercised lightly or mechanically — A higher degree of satisfaction is required than merely prima facie case formation during charge framing — The evidence adduced during trial, forming the basis for summoning, must be scrutinized carefully — Significant contradic India Law Library Docid # 2425051
(950) HARWINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Criminal Procedure Code, 1973 — Section 319 — Power to Summon Additional Accused — The power conferred upon the trial court by Section 319 Cr.P.C. to proceed against any person not being an accused, based on evidence adduced during inquiry or trial, is an extraordinary power to be exercised sparingly and only where circumstances strongly warrant it to ensure complete justice. India Law Library Docid # 2425011
(951) VED PARKASH AND ANOTHER Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 25-03-2025 Drugs and Cosmetics Act, 1940 — Section 28 read with Section 18A — Penalty for Non-Disclosure — Conviction under Section 28 for contravention of Section 18A (failure to disclose the source of drug acquisition) is unsustainable against retailers or distributors who, upon being required by a Drug Inspector, furnish the name, address, and particulars (including purchase bills) of the person (distributor or manufacturer, respectively) from whom they acquired the drug — Such disclosure constitutes co India Law Library Docid # 2425012
(952) LAL MOHAN POREL @ LALMOHAN @ LALU POREL Vs. THE STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 25-03-2025 Penal Code, 1860 — Section 375 (as applicable pre-amendment) & Section 376 — Rape — Consent — Age of Prosecutrix — Promise to Marry — Where the prosecutrix alleges rape based on sexual intercourse under a promise to marry, but the evidence (including ossification test suggesting majority, though report not produced) indicates she was likely above 16 years (the then relevant age under S.375 Sixthly) and thus capable of giving valid consent, and her conduct shows voluntary participation in the rel India Law Library Docid # 2425212
(953) M/S. V MARC INDIA LIMITED Vs. JAAN ILLAHI AND ANOTHER[UTTARAKHAND HIGH COURT] 25-03-2025 Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Temporary Injunction — Prima Facie Case — Cancellation of Registered Sale Deed — Where a plaintiff seeks cancellation of a registered sale deed executed by him, merely pleading that he was not mentally stable at the time of execution, without denying his signature or appearance before the Sub-Registrar or detailing specific acts of fraud, does not establish a strong prima facie case warranting the grant of a temporary injunction, especially aga India Law Library Docid # 2425236
(954) GENDAN LAL Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 25-03-2025 Evidence Act, 1872 — Injured Witness in Criminal Trial — The testimony of a person injured during the commission of the offence (PW2 herein) holds significant evidentiary weight due to the inherent guarantee of their presence at the scene. Such testimony should be relied upon unless discredited by substantial contradictions or inconsistencies. (Krishna Mochi, Kaptan Singh, Neeraj Sharma, Balu Sudam Khalde principles reiterated). India Law Library Docid # 2425300
(955) KASHMIR SINGH Vs. UT OF JAMMU AND KASHMIR AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-03-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — Matrimonial dispute — Offences under Sections 498-A and 323 IPC — Amicable settlement and mutual consent divorce — Inherent power of High Court to quash proceedings distinct from compounding offences — Power to be exercised to secure ends of justice or prevent abuse of process — Not applicable to heinous or serious offences, but applicable to predominantly civil India Law Library Docid # 2425781
(956) YUGRAJ SINGH Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-03-2025 Criminal Procedure — Bail — Non-Bailable Offences — Factors for consideration include prima facie evidence, nature and gravity of accusation, severity of punishment, risk of absconding, character, likelihood of repetition, influencing witnesses, and thwarting justice India Law Library Docid # 2425782
(957) RAJESH KUMAR JAIN Vs. CENTRAL BUREAU OF INVESTIGATION AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-03-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bail application — Jurisdiction of High Court — Section 483 of BNSS is pari-materia with Section 439 of Cr.P.C. — Amplitude of power to grant bail under Section 439 is wide, requiring judicious and non-arbitrary exercise. India Law Library Docid # 2425783
(958) RATTAN CHAND AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 25-03-2025 Jammu and Kashmir Land Acquisition Act, 1990 Svt. — Section 4 — Publication of Preliminary Notification — Mandatory Procedure — Collector’s duties include public notice via affixation, beat of drum, local Panchayats/Patwaries, Government Gazette, and two widely circulated newspapers (one regional language) — Object is to inform affected persons — Supreme Court and High Court Division Bench rulings confirm mandatory nature of Section 4(1) publication modes India Law Library Docid # 2425784
(959) M/S SYMBIOSIS PHARMACEUTICALS PVT. LTD. AND OTHERS Vs. UNION OF INDIA[HIMACHAL PRADESH HIGH COURT] 25-03-2025 Drugs and Cosmetics Act, 1940 — Section 34 — Offences by companies — Vicarious Liability of Directors/Persons In-charge — Essential requirement for vicarious liability of a person other than the company is that they were, at the time of the offence, both in charge of and responsible to the company for the conduct of its business — Simply being a director does not satisfy this twin requirement — Specific averments in the complaint are necessary, detailing how and in what manner the director or ot India Law Library Docid # 2425973
(960) DR. RICHA SHARMA Vs. DR. M.K. SEXENA[HIMACHAL PRADESH HIGH COURT] 24-03-2025 Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of a written statement after the commencement of trial is permissible only if the party seeking amendment demonstrates due diligence and provides sufficient reasons for the omission in the original pleading — High Court dismissed a petition challenging the trial court's order that rejected the petitioner-defendant's application for amendment of the written statement filed after the commencement of evidence, finding that the petitioner fail India Law Library Docid # 2423792