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(961) AYESHA KHATUN AND ANOTHER Vs. ABU BAKKAR SIDDIQUE[GAUHATI HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Order 43 Rule 1(r) — Challenge to injunction order — Principles for interference — An injunction order, being discretionary and equitable, should not be interfered with unless discretion suffers from perversity, unreasonableness, irrationality, or is contrary to settled principles for granting injunction.
India Law Library Docid # 2426164

(962) VINOD KUMAR Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Penal Code, 1860 — Sections 458, 325, 323, 506 read with Section 34 — Conviction and Sentence — Revision — Petitioner convicted for offences including house-trespass, voluntarily causing grievous hurt, voluntarily causing hurt, and criminal intimidation — Challenged conviction and sentence — Appellate Court upheld conviction but modified sentence to period already undergone — Petitioner, aged 62, had undergone significant period of incarceration — Petitioner sought
India Law Library Docid # 2428508

(963) GURJASHANPREET SINGH @ GURJASAN JEET SINGH @ CHINI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Criminal Procedure Code, 1973 — Section 437, 446 — Cancellation of Bail — Forfeiture of Bail Bonds — Petitioner failed to appear before trial court due to being out of station and vehicular breakdown, leading to cancellation of bail and forfeiture of bonds — High Court set aside the cancellation and forfeiture order, subject to petitioner paying costs and surrendering before trial court within stipulated period,
India Law Library Docid # 2428509

(964) ZILE SINGH Vs. RAJWANTI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Civil Procedure Code, 1908 — Section 151 & Limitation Act, 1963 — Section 5 — Condonation of delay in refiling appeal — Delay of 800 days — Application for condonation dismissed as reasons cited (clerk inadvertently placed brief among decided cases, counsel overlooked due to work pressure) were vague, general, and did not constitute sufficient cause for extraordinary and inordinate delay — Established law that delay of each day must be explained.
India Law Library Docid # 2425616

(965) SMT. REETA AND OTHERS Vs. MALA RAM AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim petition for death — Enhancement of compensation — Conventional Heads — Where Tribunal awarded Rs.30,21,760/- as total compensation, including Rs.74,000/- under conventional heads (loss of estate, love and affection, funeral expenses), and claimants sought enhancement only under conventional heads, relying on Supreme Court judgments in Shri Ram General Insurance ( Rs. 77,000/- max) and other cases allowing up to 5% variation, held, appeal dismissed
India Law Library Docid # 2425617

(966) PUNJAB & SIND BANK Vs. PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, CHANDIGARH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 01-05-2025
Industrial Disputes Act, 1947 — Termination of service vs. Abandonment of job — Clerk-cum-Cashier in bank overstayed ex-India leave, joined briefly, then again remained absent for long period despite notices to rejoin, indicating no interest in performing duties and intention to abandon job (having left for America for greener pastures) — Labour Court’s award directing reinstatement with continuity but without back wages, on ground that termination was bad for want of enquiry and retrenchment co
India Law Library Docid # 2425618

(967) SRINIVAS RAO NAIDU AND OTHERS Vs. HIGH COURT OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Chhattisgarh Civil Services (General Condition of Service) Rules, 1961 — Rule 12(2)(C) — Amendment and Interpretation — Seniority upon Absorption — Deputationists absorbed in the High Court establishment after prior regular service in the parent department (District Court establishment) — Amended rule provides for counting seniority from the date of holding the same or equivalent grade on regular basis in the parent department OR the date of holding the post on deputation, whichever is earlier —
India Law Library Docid # 2425695

(968) THE ORIENTAL INSURANCE COMPANY LIMITED AND OTHERS Vs. SMT. RURHI BAI AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Death in vehicular accident — Assessment of income — Deceased earning by labour works — Tribunal assessing income on notional basis lacking cogent evidence — Minimum Wages provisions for unskilled labourers applicable — Deceased’s monthly income safely inferred from minimum wages — Tribunal’s assessment on lower side erroneous.
India Law Library Docid # 2425696

(969) SHREEMANTHULA KUMARASWAMY Vs. PUNJAB NATIONAL BANK AND OTHERS[CHHATTISGARH HIGH COURT] 01-05-2025
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 13(2) — Notice — Service of — Allegation of lack of proper service of notice under Section 13(2) leading to unawareness of account classification as NPA and entire proceedings — Whether non-service of notice invalidates subsequent proceedings.
India Law Library Docid # 2425697

(970) SMT. P. KAVITA MURTI (NOW SMT. KAVITA SANDHU) Vs. P. VENKATRAMAN MURTI[CHHATTISGARH HIGH COURT] 01-05-2025
Criminal Procedure Code, 1973 — Section 378(4) — Acquittal Appeal — Reversal of Acquittal — Standard of Review — Appellate Court’s power to interfere with acquittal findings where based on perverse appraisal of evidence, overlooking vital materials, or drawing conclusions contrary to established facts — Case involves acquittal under Sections 405 and 406 IPC (Criminal Breach of Trust) for misappropriation of Stridhan
India Law Library Docid # 2425698

(971) SHANKARI DEVI AND ANOTHER Vs. UNION OF INDIA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 01-05-2025
Pensions — Family Pension — Eligibility — Rule 50, CCS Pension Rules — Widow remarries — Entitlement of parents — Rule 50(10)(a) provides that if a widow ceases to be eligible for family pension (due to remarriage), the pension at the specified rate shall be payable to the parents for life, provided they were dependent on the government servant immediately before his death — Deceased employee’s widow received family
India Law Library Docid # 2425885

(972) ABHA JAIN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025
Principles of Natural Justice — Supply of Inspection Report with Show Cause Notice — Mining Lease — In proceedings initiated by the Mining Department alleging illegal mining or other violations by a leaseholder, if a show cause notice is based on an ex-parte inspection report, failure to supply a copy of such inspection report along with the show cause notice to the petitioner vitiates the proceedings — This denial prevents the petitioner from filing an effective reply and defending their case,
India Law Library Docid # 2425482

(973) KALYAN Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-04-2025
Criminal Law — Circumstantial Evidence — Five Golden Principles (Panchsheel) — For a conviction based solely on circumstantial evidence, the prosecution must satisfy five golden principles: (1) the circumstances from which the conclusion of guilt is to be drawn must be fully established; (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused and not explainable on any other hypothesis; (3) the circumstances should be of a conclusive nature and tend
India Law Library Docid # 2425483

(974) SUCHET SINGH AND OTHERS Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 30-04-2025
Criminal Procedure Code, 1989 — Section 482 — Inherent powers of High Court — Scope — Quashing of FIR — Prevention of abuse of process — Securing ends of justice — High Court’s inherent power is wide but must be exercised to effect orders under the Code, secure ends of justice, or prevent abuse of process — Evaluation required to justify exercising inherent powers to quash criminal proceedings.
India Law Library Docid # 2425846

(975) NOOR FATIMA Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 30-04-2025
Constitution of India — Article 226 — Writ Jurisdiction — Exercise of — Discretionary and extraordinary power — Prerequisites for — Party must approach with clean hands and make full and fair disclosure of all material facts — Suppression or concealment of material facts warrants dismissal at the threshold.
India Law Library Docid # 2425847

(976) INDIRA DEVI SURANA Vs. ROOPCHAND KUCHERIA AND OTHERS[GAUHATI HIGH COURT] 30-04-2025
Civil Procedure Code, 1908 — Section 47 — Execution of decree — Question relating to execution, discharge or satisfaction of the decree — Scope — Application under Section 47 challenging execution based on a purported fresh tenancy agreement subsequent to a decree for ejectment — Claim of fresh tenancy based on a verbal Will of the deceased landlord — Testamentary succession governed by the Succession Act, 1925 — Verbal Will not recognized for probate — Rights under a Will require probate for es
India Law Library Docid # 2426175

(977) ORIENTAL INSURANCE COMPANY LTD. AND OTHERS Vs. SH. SHERU @ SHER SINGH @ SUKHRAJ AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Injury and Disablement — Accident involving goods carriage vehicle — Claimant a porter/labourer traveling with owner of goods — Suffered injuries and 45% resultant disablement — Claim under Section 166 for compensation.
India Law Library Docid # 2425934

(978) KAPURA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-04-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 483(3) (Equivalent to Cr.P.C. Section 439(2)) — Cancellation of Bail — Grounds — Bail once granted should not be cancelled in a mechanical manner — Very cogent and overwhelming circumstances are necessary for cancellation — Generally, grounds include interference with the due course of justice, evasion, abuse of the concession of bail, misuse of liberty, or flouting bail conditions — Cancellation is not typically ordered for perceived ind
India Law Library Docid # 2425572

(979) DEVPRATAP Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 30-04-2025
Penal Code, 1860 — Section 307 — Attempt to murder — Conviction upheld — Appellant assaulted wife with iron sickle, ousting her right eyeball from the orbit of eye — Injury on vital part of body (eye) — Severity of injury confirmed by medical evidence (MLC reports, CT Scan, Sonography) — Absence of essential ingredient for conviction is not necessary; nature of injury, manner of assault, and weapon used are factors — Intention or knowledge to cause death are essential ingredients — Intention inf
India Law Library Docid # 2425662

(980) TUSHAR NATH Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 30-04-2025
Penal Code, 1860 — Section 302 — Murder — Section 304 Part II — Culpable Homicide Not Amounting to Murder — Alteration of Conviction — Essential ingredients of Section 302 include intention to cause death or knowledge that act is likely to cause death in all probability — Accused convicted under Section 302 for assault with blunt side of axe on abdomen, resulting in death after 13 days due to septic shock — Evidence shows single blow, not repeated, on non-vital part with blunt weapon
India Law Library Docid # 2426176