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(961) ZAITEK POLYBLENDS PVT. LTD. Vs. DURGA BANSAL FERTILIZER LTD.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 22-05-2025
Companies Act, 1956 — Sections 433(e), 434(1)(a), 439(1)(b) & 20(1) of Sick Industrial Companies (Special Provisions) Act, 1985 — Winding up petition — Unable to pay debts — Admitted debt and assignment of debt — A company is deemed unable to pay its debts if a creditor serves a demand notice and the company neglects to pay for three weeks — A claim based on an assignment deed of a debt that was already settled or waived prior to the assignment cannot form the basis for a winding up petition.
India Law Library Docid # 2431326

(962) PANKAJ Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 22-05-2025
Evidence Act, 1872 — Section 27 — Discovery of fact consequent to information received from accused — Requirements for proving disclosure statement — Investigating Officer must narrate the conservation held with the accused and how it led to the discovery, merely exhibiting the memorandum is insufficient.
India Law Library Docid # 2429971

(963) KUTU TELIPATHAR Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 22-05-2025
Criminal Procedure Code, 1973 — Section 383 — Criminal appeal from jail — Appeal against conviction and sentence under Section 302 IPC for uxoricide — Conviction based on finding of guilt — Sentence of rigorous imprisonment for life and fine imposed.
India Law Library Docid # 2426131

(964) BABULAL @ RAMBABU Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-05-2025
Criminal Procedure Code, 1973 — Section 374 — Criminal Appeal — Appeal against conviction under Section 307 Penal Code, 1860 and Section 25(1-B)(a) Arms Act — Appellant assaulted complainant with a sword, causing injuries to hands and head — Trial Court convicted appellant under Section 307 IPC and Section 25(1-B)(a) Arms Act — Appeal based on nature of injuries being simple and not on vital parts, and lack of intention to murder.
India Law Library Docid # 2427771

(965) VIDHI VIRUDH BALIKA Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 22-05-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Sections 2(12), 2(13), 94(1), 94(2) — Determination of Age — Prioritization of Documents — The Act defines a “child” as a person who has not completed eighteen years of age and a “child in conflict with law” as an offender below eighteen years of age on the date of the offense — Section 94(2) establishes a clear hierarchy for age determination:
India Law Library Docid # 2427766

(966) RAMPAL SINGH Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 22-05-2025
Service Law — Departmental Enquiry — Appointment of Presenting Officer — M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 — Rule 14(5)(c) — The term “may” in Rule 14(5)(c) indicates that the appointment of a Presenting Officer is discretionary, not mandatory — Non-appointment of a Presenting Officer does not automatically invalidate an inquiry, unless the Inquiry Officer acts as a prosecutor by examining and cross-examining witnesses to establish the disciplinary
India Law Library Docid # 2427767

(967) PROSECUTRIX X Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 22-05-2025
Medical Termination of Pregnancy Act, 1971 — Section 3 — Abortion — Minor victim — Pregnancy beyond prescribed limit (24 weeks) — Willingness to continue pregnancy — Risk to life due to advanced stage of pregnancy (31 weeks) — Supreme Court precedent — Reproductive autonomy — Right to choose — Paramountcy of pregnant person’s consent — When the minor victim and her parents express willingness to continue the pregnancy, despite being beyond the permissible
India Law Library Docid # 2427768

(968) INREFERENCE AND OTHERS Vs. ANUTAB @ ANUTABH @ BETA PRAJAPATI AND OTHERS[MADHYA PRADESH HIGH COURT] 22-05-2025
Criminal Procedure — Sentencing — Death Penalty vs. Life Imprisonment — Aggravating and Mitigating Circumstances — When considering capital punishment, courts must weigh aggravating and mitigating factors to determine if a case truly falls into the “rarest of rare” category; emotions alone are not a guiding factor.
India Law Library Docid # 2427769

(969) RAJENDRA SINGH Vs. HARISH KUMAR AND OTHERS[MADHYA PRADESH HIGH COURT] 22-05-2025
Civil Procedure Code, 1908 — Order 9 Rule 9 — Restoration of Suit — Dismissal in default — Limitation Act, 1963 — Section 5 — Condonation of Delay — Liberal approach — While courts generally adopt a liberal approach in condoning delay for “sufficient cause,” this principle is not absolute and must consider reasonableness and the party’s conduct.
India Law Library Docid # 2427770

(970) M.A Vs. SUPERINTENDENT OF POLICE, VELLORE AND OTHERS[MADRAS HIGH COURT] 22-05-2025
Habeas Corpus — Scope and Application — Adulthood and Choice — When an adult individual, aged 25 and well-qualified, clearly expresses her desire to leave her parental home and reside with another adult, and there is no evidence suggesting mental instability or undue influence, her decision must be respected. The Court’s role in a habeas corpus petition is to ascertain the free will of the corpus, and once established, to ensure their
India Law Library Docid # 2427976

(971) SAH AGENCIES PRIVATE LIMITED AND OTHERS Vs. CINNI FOUNDATION TRUST AND OTHERS[ALLAHABAD HIGH COURT] 21-05-2025
Commercial Courts Act, 2015 — Section 12-A — Pre-Institution Mediation — Dispensation of Requirement — Urgent Interim Relief — Courts must examine plaint, documents, and facts to determine if urgent interim relief is genuinely contemplated, and not merely a guise to bypass the mandatory mediation requirement. Plaintiff does not have an absolute right to bypass Section 12-A.
India Law Library Docid # 2429332

(972) CHALLA @ BHAGWAN DAS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 21-05-2025
Penal Code, 1860 (IPC) — Section 302 — Conviction for murder — Appeal against — Juvenile Justice — Appellant claimed to be juvenile on date of incident — School Leaving Certificate and statements recorded under Section 313 Cr.P.C. indicated appellant was below 18 years at time of offence — Juvenile Justice Board report confirmed juvenility after considering medical report and providing a two-year benefit — Court accepted the finding of juvenility.
India Law Library Docid # 2429339

(973) PROSANTA BORA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 21-05-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeal against conviction — Penal Code, 1860 — Section 417 — Cheating — Promise of marriage — Consent to sexual intercourse — Validity of consent under misconception of fact — Applicability of Section 90 IPC — Distinction between false promise and mere breach of promise — Requirements for conviction under Section 417 IPC — Fact that
India Law Library Docid # 2426130

(974) AJAYPAL SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 21-05-2025
Penal Code, 1860 (IPC) — Sections 117, 143, 283, 353 — Unlawful Assembly, Abetment, Obstruction on Public Way, Assaulting Public Servant — Allegations against farmers for protesting water distribution changes — Peaceful protest, expression of dissent, and right to assemble guaranteed by Constitution — No evidence of violence, criminal force, or intent to deter public servants — Actions did
India Law Library Docid # 2432412

(975) RAGHVENDRA SINGH Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 20-05-2025
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (BNSS) — Section 528 — Quashing of Proceedings — High Court's inherent power under Section 482 Cr.P.C. can be exercised to prevent abuse of process or secure ends of justice, but sparingly and with circumspection.
India Law Library Docid # 2429962

(976) HARISHANKAR Vs. DISTRICT JUDGE, KAUSHAMBI AND ANOTHER[ALLAHABAD HIGH COURT] 20-05-2025
Constitution of India, 1950 — Article 226 — Writ Petition — Alternative Remedy — Existence of statutory appeal against disciplinary authority's order to appellate authority is an efficacious remedy, warranting dismissal of writ petition without interference, while leaving open the petitioner's right to pursue the appeal.
India Law Library Docid # 2429963

(977) PRASHANT RAI Vs. STATE OF U P AND OTHERS[ALLAHABAD HIGH COURT] 20-05-2025
Constitution of India, 1950 — Article 226 — Judicial Review — Interference in Examination Matters — Courts generally must exercise restraint and respect the decisions of expert committees regarding key answers, unless there's a clear and glaring mistake, without requiring extensive reasoning.
India Law Library Docid # 2430198

(978) BIJOY KRISHNA Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 20-05-2025
Criminal Procedure Code, 1973 — Section 383 — Appeal from Jail — Section 302 — Penal Code, 1860 — Murder — Circumstantial Evidence — Last Seen Theory — Non-examination of Material Witness — Hearsay Evidence — Failure to Establish Chain of Circumstances — Benefit of Doubt. The appellant’s conviction under Section 302 IPC based on circumstantial evidence, including the “last seen theory,” is challenged. The prosecution relied on witnesses whose testimony was
India Law Library Docid # 2426129

(979) DR. (MRS) ANURADHA GUPTA Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025
Writ of Quo Warranto — Appointment — Eligibility vs. Suitability — A writ of quo warranto lies when an appointment is contrary to statutory provisions; it cannot be used to assess a candidate’s suitability.
India Law Library Docid # 2427772

(980) LT.KARNEL CHANDRA KUMAR KICHLU (DELETED) AND OTHERS Vs. MUNICIPAL CORPORATION GWALIOR[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 20-05-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(b) — Rejection of plaint — Non-valuation or deficient court fee in appeal — Curable defect — An appeal cannot be dismissed solely for improper valuation or deficit court fee, especially if the objection is raised late, as this is a curable defect and the appellant should be given an opportunity to rectify it.
India Law Library Docid # 2427773