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(941) THE BIHAR STATE BOARD OF RELIGIOUS TRUSTS THROUGH ITS CHAIRMAN Vs. SHRI RAVI JALAN AND OTHERS[PATNA HIGH COURT] 05-02-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 and Section 151 — Bihar Hindu Religious Trusts Act, 1950 — Section 32 — Evidence Act, 1872 — Section 58 — A party cannot be allowed to withdraw a clear admission made in their written statement through amendment, especially if it confers a right on the other side — The High Court dismissed a civil miscellaneous jurisdiction petition challenging a trial court's order that had rejected the petitioner's application for the third amendment to its written
India Law Library Docid # 2423649

(942) SATYA PRAKASH GUPTA Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 05-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 — Sections 323, 420, 504, 120B, 387, 436, 465, 466, 467, and 468 — A High Court will not quash a Magistrate's order taking cognizance of offences if there is sufficient prima facie material to proceed, and the defenses raised by the accused are to be considered by the trial court — The High Court dismissed a criminal miscellaneous petition seeking to quash an order by a Judicial Magistrate taking cognizance of offenses under S
India Law Library Docid # 2423675

(943) DEGAN GOPE AND OTHERS Vs. RUDAN GOPE AND OTHERS[JHARKHAND HIGH COURT] 04-02-2025
Civil Procedure Code, 1908 (CPC) — Written Statement — Discretion of the court in allowing a written statement to be filed after the initial period for doing so has expired — The High Court considered whether to quash an order debarring petitioners from filing a written statement in a suit regarding the declaration of rights to land — Citing the Supreme Court cases Kailash v. Nanhku and Atcom Technologies Ltd. V. Y.A. Chunawala & Co., the court determined that while Order 8 Rule 1 of the CPC sti
India Law Library Docid # 2422272

(944) MARFING TAMANG @ MAAINA TAMANG Vs. STATE (NCT OF DELHI)[DELHI HIGH COURT] 04-02-2025
Criminal Procedure Code, 1973 (CrPC) — Section 50 — Strict Interpretation of “Forthwith” under Section — The court established a precedent that the term “forthwith” in Section 50 requires immediate communication of arrest grounds to the detainee at the time of arrest, without any permissible delay — This interpretation is stricter than the “as soon as may be” standard.
India Law Library Docid # 2422280

(945) KANWALJEET KAUR AND OTHERS Vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE (34) 1 DELHI AND OTHERS[DELHI HIGH COURT] 04-02-2025
Income Tax Act, 1961 — Sections 144B, 148, 149, 153A and 153C — A batch of writ petitions challenged reassessment notices issued by jurisdictional Assessing Officers (AOs) for various Assessment Years (AYs) — Petitioners argued that notices under the faceless reassessment scheme should be issued through automated allocation, not by jurisdictional AOs, and contested time limits under Section 149 of the Income Tax Act — Respondents countered that jurisdictional AOs could independently access infor
India Law Library Docid # 2422325

(946) AKHILESHWAR KUMAR Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 04-02-2025
Bharatiya Nyaya Sanhita, 2023 — Sections 319(2), 318(4) and 61(2) — The petitioner sought anticipatory bail in connection with an FIR alleged lured into a discounted gold scheme and robbed of Rs. 11 lakhs — The petitioner, identified as "Sanjay," denied involvement, claiming he was in Bihar during the incident and that money deposited in his account was from a property deal with co-accused — The prosecution argued that CDR analysis linked the petitioner to the conspiracy, with significant amount
India Law Library Docid # 2422326

(947) SMT. GURDIAL KAUR AND OTHERS Vs. CHARANJIT SINGH (DECEASED) THROUGH LRS AND OTHERS[DELHI HIGH COURT] 04-02-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Transfer of Property Act, 1882 — Section 53A — The property was initially leased to respondent’s fathers who in 1965 agreed to sell part of it to petitioner — The sale didn't proceed, and respondent father gifted the property to his son in 1967 — Petitioner filed a Suit for Specific Performance in 1968, which was conditionally decreed in 1971 but ultimately denied by the L&DO — Key issues were whether the suit was time-barred or precluded by
India Law Library Docid # 2422327

(948) MR. RAJNISH BAHL AND OTHERS Vs. STATE OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 04-02-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 91, 156(3), 200 and 482 — Criminal proceedings are inappropriate for resolving what are essentially civil disputes, especially those concerning family property and company shares — The court emphasized that disputes over dividends, profits from shares, and property rights within a family-owned company should be addressed through civil litigation rather than criminal complaints — The court supported its reasoning by citing precedents that discourage
India Law Library Docid # 2422328

(949) ISLAM AND OTHERS Vs. STATE AND OTHERS[DELHI HIGH COURT] 04-02-2025
Penal Code, 1860 (IPC) — Sections 304 Part-II and 34 — Culpable Homicide — Prosecution failed to prove beyond a reasonable doubt that the Appellants were guilty of culpable homicide — The court found significant contradictions and improbabilities in the testimonies of the key witnesses (PW1 and PW2) — Their accounts of the incident were inconsistent with their initial statements to the police and contained improvements and contradictions — The medical evidence, including the post-mortem report,
India Law Library Docid # 2422329

(950) VIDYADHAR PRABHAKAR SARFARE AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 04-02-2025
Penal Code, 1860 (IPC) — Sections 418, 420 read with 34 — Quashing of FIR and subsequent charge-sheet — The FIR was filed by respondent No. 2, a cancer consultant, who alleged that the petitioners failed to pay her dues and return financial aid she had extended to the hospital — The court, however, quashed the FIR and proceedings, noting that the financial issues largely predated the petitioners' involvement with the hospital's management — Furthermore, the court pointed out that respondent No.
India Law Library Docid # 2422538

(951) PRIYANKA COMMUNICATIONS INDIA PVT. Vs. TATA CAPITAL LIMITED[BOMBAY HIGH COURT] 04-02-2025
Arbitration and Conciliation Act, 1996 — Sections 11, 12, 13 and 14 — In a petition before the High Court petitioner sought to set aside an order by a Learned Sole Arbitrator who declined to recuse himself from proceedings — The petitioner argued that the arbitrator's past representations of affiliates of the respondent created justifiable doubts about his independence and impartiality, invoking the Fifth Schedule of the Arbitration and Conciliation Act, 1996 — The court, however, dismissed the
India Law Library Docid # 2422539

(952) SURAJ SATISH CHAVAN Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER[BOMBAY HIGH COURT] 04-02-2025
Prevention of Money Laundering Act, 2002 — Sections 3, 4 and 45 — Bail — The court granted bail to the applicant, Suraj Satish Chavan, in a money laundering case under the PMLA, primarily due to the prolonged incarceration of over a year without the trial commencing — The court held that the right to speedy trial under Article 21 of the Constitution must be respected, especially when the trial is unlikely to conclude in the foreseeable future — The court also noted that the applicant had fully c
India Law Library Docid # 2422529

(953) PARVEEN @ PARVEEN GOYAL AND ANOTHER Vs. JAI BHAGWAN MITTAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-02-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Necessity for Amendment — Amendments to pleadings should be necessary for the proper adjudication of the case; otherwise, they may be dismissed.
India Law Library Docid # 2422621

(954) VINAY GUPTA Vs. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATIALA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-02-2025
Industrial Disputes Act, 1947 — Section 25-F — Reinstatement — High Court held that when reinstatement is not viable due to violations of Section 25-F, compensation should be awarded based on the workman's length of service, with Rs.50,000/- per completed year being the standard, subject to the Industrial Tribunal's discretion considering the case's unique facts and circumstances — The court modified the award to Rs. 2 lakhs for a workman with
India Law Library Docid # 2422628

(955) CHITRANJAN KUMAR AND OTHERS Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-02-2025
Service Law — Pensionary Benefits — Employees who have rendered more than 10 years of service on a work-charged basis should be deemed regular employees for the purpose of pensionary benefits, overturning previous decisions that denied such benefits based on non-regularization — The court relied on Supreme Court judgments that emphasize fairness and the need to regularize long-serving employees to avoid prejudice — In the two cases decided, the petitioners were granted pensionary benefits, with
India Law Library Docid # 2422629

(956) HARBANS LAL VERMA Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-02-2025
Service Law — Non-exclusion of Leave Without Pay (LWP) from increment calculation requires proof of medical grounds — Mere assertion of medical grounds without substantiation, especially after delayed filing leading to weeded-out records, does not entitle an employee to Stagnation Increment (SI) or pay stepping up, as natural justice violations without prejudice do not necessitate remand, upholding the principle that rules governing increment and SI take precedence over unchecked claims of medic
India Law Library Docid # 2422661

(957) M/S. SOUTH WEST MINIING LIMITED (SWML) Vs. RAJASTHAN ELECTRICTY REGULATORY COMMISSION, VIDYUT VINIYAMAK BHAWAN AND OTHERS[RAJASTHAN HIGH COURT] 04-02-2025
Electricity Act, 2003 — Jurisdiction of Regulatory Commission — The Rajasthan Electricity Regulatory Commission (RERC) has limited jurisdiction under the Electricity Act, 2003, and cannot exercise powers beyond what is provided under the Act, particularly in relation to entities not directly involved in electricity generation, transmission, or distribution.
India Law Library Docid # 2422666

(958) THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD. Vs. RAMESH AND OTHERS[KARNATAKA HIGH COURT (KALABURAGI BENCH)] 04-02-2025
Motor Vehicle Accident Compensation — Modification of Compensation — The High Court modified the compensation awarded to an accident victim, increasing it from Rs. 10,11,000 to Rs. 4,54,800, after reassessing the evidence and applying the correct multiplier
India Law Library Docid # 2423112

(959) SUVARANA Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 04-02-2025
Karnataka Land Revenue Act, 1964 — Section 127(1)(b) — Requirement for revenue authorities to record “other rights” in the land records, including interim injunction orders — Revenue authorities are duty-bound to reflect interim injunction orders granted by a competent civil court in the “other rights” column of the revenue records, as mandated by Section 127(1)(b) to maintain the rule of law, prevent fraudulent transactions, and uphold the authority of the civil courts, regardless of whether th
India Law Library Docid # 2423155

(960) DR. V.K. SULOCHANA Vs. STATE OF KERALA[KERALA HIGH COURT] 04-02-2025
Protection of Children from Sexual Offences Act, 2012 - Sections 19(1) and 21 — Obligation to Report POCSO Act Offences — A person, including a doctor, having knowledge or apprehension of a POCSO Act offence, must report it to the Special Juvenile Police Unit or local police, with deliberate omission to report punishable under Section 21 read with 19(1) of the POCSO Act
India Law Library Docid # 2423183