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(941) STATE OF CHHATTISGARH Vs. GULJAR SINGH[CHHATTISGARH HIGH COURT] 02-05-2025
Criminal Procedure Code, 1973 — Section 378 — Appeal against acquittal — Approach of appellate court — Normal presumption of innocence reinforced by acquittal — Slow to interfere if two views possible — Appellate court to first ascertain if trial court findings palpably wrong, manifestly erroneous, or demonstrably unsustainable before reappraising evidence — Reappraisal only if acquittal order cannot be sustained due to such infirmities — Mere possibility of a different view on reappraisal is no
India Law Library Docid # 2425691

(942) MANOJ KUMAR AND OTHERS Vs. RAM MILAN SINGH AND OTHERS[CHHATTISGARH HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal — Motor Accidents Claims Tribunal Award — Challenges to — Award of lump-sum amount of Rs. 75,000/- on all heads to deceased’s major, married, and earning sons — Claimants are sons of deceased retired BSNL employee drawing monthly pension — Tribunal held claimants not dependent on deceased’s pension for loss of dependency compensation as they were married and aged 40 and 38 years respectively — Awarded lump sum for loss of father’s love and affectio
India Law Library Docid # 2425692

(943) VINEET KUMAR AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 02-05-2025
Penal Code, 1860 — Sections 363/34, 366/34, 376D, 506/34 — Protection of Children from Sexual Offences Act, 2012 — Section 6 — Information Technology Act, 2000 — Section 67-B — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(v) — Offences under — Conviction and Sentence — Appeals against — Grounds challenging reliability of prosecutrix statement, delay in FIR, age of prosecutrix, caste of prosecutrix, DNA report, failure to examine seized mobile phones a
India Law Library Docid # 2425693

(944) SMT. TANUJA Vs. DINESH KUMAR[CHHATTISGARH HIGH COURT] 02-05-2025
Family Courts Act, 1984 — Section 19(1) — Appeal against dismissal of application for retrieval of Stree-dhan — Application for return of Stree-dhan filed by wife — Husband ex-parte — Family Court observed parties are members of Scheduled Tribe and Hindu Marriage Act is inapplicable — Section 27 of Hindu Marriage Act not applicable for a separate application and is only at time of divorce decree — Application not falling within Family Court jurisdiction under Section 7 of Family Court Act, 1984
India Law Library Docid # 2425694

(945) JASINDER PAL SINGH Vs. GURMEET SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation for injuries — Enhancement — Claimant aged 48, engaged in dairy farming, suffered multiple injuries and 60% permanent disability in motor accident — Tribunal awarded Rs. 2,60,000/- — On appeal, High Court enhanced compensation to Rs. 11,66,854/- — Income assessed at Rs. 2,100/- p.m. (minimum wages for skilled worker), future prospects @ 25% added, giving annual income of Rs. 31,500/- — Loss of future earning due to 60% disability taken as Rs.
India Law Library Docid # 2425699

(946) NIRMAL KUMAR Vs. SUDESH KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 02-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition for enhancement of compensation — Appellant (skilled automobile mechanic, aged 24) suffered 80% permanent disability due to left leg amputation (mid-thigh) in motor accident — Tribunal awarded Rs.3,25,000/- — High Court enhanced compensation based on re-assessment of income and application of settled principles — Monthly income reassessed from Rs.2500/- to Rs.2800/- (minimum wage for skilled worker in
India Law Library Docid # 2425700

(947) BANNA LAL Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 01-05-2025
Service Law — Termination of Service — Air Force Education Test Equivalence — Employer's decision to terminate services based on IAF Education Test not being equivalent to Intermediate found erroneous — Court considered multiple documents including government circulars and judicial precedent establishing equivalence — Failure by employer to consider all relevant documents rendered termination order illegal.
India Law Library Docid # 2430003

(948) RAJENDRA AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 01-05-2025
Criminal Procedure — Common judgment in separate trials — Trial court passed a common judgment in three separate sessions trials arising from connected but distinct criminal cases. Held, this procedure is manifestly erroneous and impermissible in law. Such a judgment suffers from an incurable defect.
India Law Library Docid # 2430004

(949) ADITYA MURTI Vs. CENTRAL BUREAU OF INVESTIGATION/ANTI CORRUPTION BUREAU LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 01-05-2025
Bhartiya Nagrik Suraksha Sanhita, 1973 — Section 528 — Criminal Procedure Code, 1908 — Section 482 — Travel Abroad — Bail Conditions — Accused Enlarged on Bail — Permission to travel abroad for non-essential purposes such as attending a relative's wedding and a pleasure trip is not a right — Especially when the trial has reached the stage of defence evidence — The court can impose reasonable restrictions on freedom of movement, including travelling out of the country.
India Law Library Docid # 2431231

(950) MOHD. TALHA Vs. UOI THRU. ITS SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 01-05-2025
Passport Act, 1967 — Section 6(2)(f) and Section 22 — Notification GSR 570(E) dated 25.08.1993 — Issuance of passport when criminal proceedings are pending — Held, Section 6(2)(f) mandates refusal of passport if proceedings are pending, but Section 22 allows for exemption by notification. The notification exempts individuals with pending proceedings provided they obtain permission from the court to depart India. Such permission is a pre-condition for passport issuance or renewal.
India Law Library Docid # 2431686

(951) RAJESH AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 01-05-2025
Penal Code, 1860 (IPC) — Sections 363, 366, 376 — Kidnapping, Abduction with intent to compel marriage/intercourse, Rape — Age of victim — Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(l) — Minor — Victim’s statement supported by school records regarding age indicating minority — Medical opinion on age based on X-ray report considered, but reports not proved by preparers — Trial court relied on school records for victim's age — Conviction upheld as victim was a minor at
India Law Library Docid # 2431655

(952) MAHESHBHAI HAJIBHAI SOJITRA Vs. BABU LIME PRIVATE LIMITED[GUJARAT HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(a) & (d) — Rejection of plaint — Maintainability of suit — Commercial Courts Act, 2015 — Application for rejection of plaint on grounds of undervaluation and lack of jurisdiction of District Court under the 2015 Act — Suit for permanent injunction, passing off, and infringement of trademark and copyright — Plaintiff valued suit below specified value, filing in District Court — Defendant contends dispute is commercial and falls under the Commercial Cou
India Law Library Docid # 2425993

(953) NAND KISHORE AND OTHERS Vs. KANYABAI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 01-05-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Grounds for rejection — Limitation and court fees acknowledged as valid grounds for rejection of plaint at the initial stage
India Law Library Docid # 2428263

(954) RAJU Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 01-05-2025
Penal Code, 1860 — Sections 306 & 107 — Abetment of Suicide — Essential Ingredients — Proof Required — Mens Rea & Proximate Link — To establish the offence of abetment of suicide under Section 306 IPC, the prosecution must prove beyond reasonable doubt that the accused committed a positive act of instigation or intentionally aided the commission of suicide, as defined under Section 107 IPC — This requires demonstrating a clear mens rea (intention) to drive the deceased to suicide — Mere allegati
India Law Library Docid # 2425467

(955) ROOP SINGH ALAWA Vs. STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 01-05-2025
Judicial Discipline — Grant of Bail by Sessions Judge Despite High Court Rejection — Error of Judgment vs. Misconduct — Granting bail by a Sessions Judge to an accused whose successive bail applications were previously rejected or withdrawn before the High Court may constitute an error of judgment, especially if there was an earlier High Court order granting liberty to the trial court to consider bail after a certain period — If the Enquiry Officer finds no corrupt motive or extraneous considera
India Law Library Docid # 2425577

(956) SONAL SAXENA Vs. RITESH SAXNEA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 01-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 13 — Setting Aside Ex-parte Decree — Grounds — Second Proviso Applicability — An application under Order 9 Rule 13 CPC for setting aside an ex-parte decree can be filed on two grounds — (i) summons not duly served, or (ii) defendant was prevented by sufficient cause from appearing — The second proviso to Order 9 Rule 13 (barring setting aside merely for irregularity in service if defendant had notice and sufficient time) applies only to the first ground
India Law Library Docid # 2425578

(957) DEVESH METCAST PVT LTD THROUGH DIRECTORS AND OTHERS Vs. GIRISH NAGJIBHAI SAVALIYA[GUJARAT HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Grounds (a) and (d) — Absence of cause of action — Suit barred by law of limitation — Application under Order VII Rule 11 – Court to examine plaint and annexed documents to determine if suit is frivolous, vexatious, or barred by law — Rejection warranted when plaint discloses no cause of action
India Law Library Docid # 2426047

(958) MAJOOR MAHAJAN MANDAL NAVSARI AND ANOTHER Vs. SITABEN MANGUBHAI AND OTHERS[GUJARAT HIGH COURT] 01-05-2025
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(c) — Eviction — Ground of nuisance or annoyance — Essential ingredients: tenant’s conduct causing nuisance or annoyance to adjoining or neighbouring occupier — Allegation of tenant encroaching on adjoining property (474/A/1) and using it as an additional room amounting to nuisance — Landlord
India Law Library Docid # 2426048

(959) BANAMALI SARKAR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(C) — Possession of commercial quantity of ganja — Conviction and sentence of 12 years RI and Rs. 1,00,000/- fine challenged in appeal — Grounds of challenge include failure to prove chain of custody, non-examination of Malkhana in-charge and messenger, discrepancy in sample markings and seals, absence of homogeneous mixing, inconsistent independent witness testimony regarding seizure location, non-production of entire seized contr
India Law Library Docid # 2426162

(960) OIL AND NATURAL GAS CORPORATION LTD. AND OTHERS Vs. ANKUSH SAIKIA AND ANOTHER[GAUHATI HIGH COURT] 01-05-2025
Rights of Persons with Disabilities Act, 2016 — Section 2(s) and 2(r) — Person with disability — Person with benchmark disability — Temporary disability certificate — Appointment — Eligibility for post reserved for persons with benchmark disability requires a “person with disability” as defined under Section 2(s) which implies a long-term impairment — Temporary disability certificate with a limited validity period (e.g., 3 years 5 months) does not satisfy the definition of “person with disabilit
India Law Library Docid # 2426163