(981) JUSO @ JUSAB ALLARAKHABHAI IBRAHIMBHAI SINDHI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-04-2025 Penal Code, 1860 — Section 302 — Murder — Conviction challenged on ground that medical evidence does not establish injuries were sufficient to cause death in ordinary course of nature — Alleged intention to inflict fatal injury debated — Accused, sought for arrest in previous robbery cases, resisted apprehension by police team — Accused stabbed police constable attempting to apprehend him — Medical report indicates injuries on wrist and India Law Library Docid # 2426024
(982) SHAKTISINH KUMARPALSINH ZALA Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 30-04-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR and Criminal Proceedings — Maintainability of Petition — Alternative Remedy — Petitioner withdrew earlier quashing petition with liberty to file discharge application and subsequent proceedings under Section 397 or 482 — Discharge application rejected — Petitioner filed fresh Section 482 petition without filing revision under Section 397 — India Law Library Docid # 2426025
(983) BRAHMKSHATRIYA BHAGVATIBEN KHETSINHBHAI Vs. NIMUBEN JAYANTIBHAI BAMBHANIYA AND OTHERS[GUJARAT HIGH COURT] 30-04-2025 Representation of the People Act, 1951 — Sections 80, 81, 100(1)(d)(iv) — Election Petition — Challenging General Election — Ground of defective nomination affidavit filed in vernacular language instead of English — Article 84(a) of Constitution of India — Validity of nomination papers — Objections raised before District Election Officer regarding affidavit format, missing information, non-payment certificates, notary issues, and language India Law Library Docid # 2426026
(984) DHULABHAI BAPUDAS AND NARMADABEN DHULABHAI LHS LATE VIMLABEN D/O DHULABHAI W/OBECHARDAS THROUGH LHS AND OTHERS Vs. KESHAVLAL MOHANLAL LHS OF LATE CHUNIBHAI KESHAVLAL AND OTHERS[GUJARAT HIGH COURT] 30-04-2025 Constitution of India, 1950 — Article 227 — High Court’s power of superintendence — Scope of interference — Limited jurisdiction to correct grave dereliction of duty, flagrant abuse, or violation of fundamental principles of law or justice — Not an appellate jurisdiction to re-appreciate or re-weigh evidence or facts — Interference appropriate only for patent errors of law or fact resulting in grave injustice, or when a subordinate court acts without, in excess of, or refuses to exercise vested India Law Library Docid # 2426027
(985) ASIF Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Criminal Procedure Code, 1973 — Section 439 — Grant of regular bail — Petitioner not named in FIR, no specific role or injury attributed — Granted bail earlier, but it was cancelled due to absence from court — Petitioner has undergone significant incarceration, few witnesses examined against total number of witnesses — Trial is likely to take considerable time — Considering these factors, petitioner is India Law Library Docid # 2428510
(986) SMT. KUSUM Vs. ANAND KUMAR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 30-04-2025 Insurance Act, 1938 — Section 39 (as amended by Act 5 of 2015) — Nominee Rights vs. Succession Law — The interpretation of amended Section 39(7), which uses the term “beneficially entitled” for specified nominees (parents, spouse, children), is contested regarding whether it grants absolute ownership rights to the nominee, thereby overriding personal succession laws. India Law Library Docid # 2425302
(987) GAJRAJ AND OTHERS Vs. DHARAMBIR SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 — Order 41 Rule 27(1)(aa) & (b) — Additional evidence at appellate stage — Criteria for allowing — Production of old revenue records (Jamabandis dating back almost 150 years) as additional evidence by plaintiff/respondent in appeal allowed by appellate court — Revision against, dismissed — High Court found that such documents, being very old revenue records, would likely have been difficult for plaintiff to procure earlier despite due diligence (satisfying Order 41 Rul India Law Library Docid # 2425610
(988) MALKIT SINGH Vs. MOHINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 & Order 9 Rule 13 — Setting aside ex parte order/decree — “Good cause” for non-appearance — Counsel pleading ‘no instructions’ — Duty of litigant to be vigilant — Where defendant (petitioner) was proceeded ex parte after his counsel pleaded ‘no instructions’, and his application under Order 9 Rule 7 was dismissed, and it was found from trial court record that defendant had repeatedly sought adjournments, caused plaintiff (who travelled from Delhi India Law Library Docid # 2425611
(989) PAL SINGH AND OTHERS Vs. KARNAIL SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Hindu Law — Joint Hindu Family Property — Ancestral Coparcenary Property — Proof — Property inherited from common ancestor Deva Singh, then by his son Mangat Singh, and subsequently by Mangat’s sons Chajja Singh and Mal Singh, held to be ancestral coparcenary property where located in Village Balhari Kalan, as original ownership by Deva Singh was proved through revenue records (excerpt prepared by PW/3) — However, property in Village Balhari Khurd not proved ancestral as plaintiffs failed to pro India Law Library Docid # 2425612
(990) RAJBIR SINGH Vs. RAM BHAGAT AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Proof of Negligence — Sufficiency of evidence — Dismissal of claim by Tribunal for failure to prove rash and negligent driving by respondent No.1 (driver of offending vehicle) set aside — Claimant (PW-5) gave detailed and consistent account of accident, his testimony remained unshaken in cross-examination and inspired judicial confidence — FIR, though initially against unknown vehicle/driver, was followed by chargesheet against respondent India Law Library Docid # 2425613
(991) SANJIV KUMAR @ KAUWA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 20 — Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 15(1)(g) — Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 18(1)(g) — Sentencing of juvenile offender who attained majority during pendency of revision — Petitioner convicted under S. 20 NDPS Act by Juvenile Board and sentenced to 02 years in special home; appeal dismissed — Revision filed in 2009, heard after 24 years from F India Law Library Docid # 2425614
(992) RAM SARAN Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Negotiable Instruments Act, 1881 — Sections 138 & 147 — Dishonour of cheque — Compounding of offence — Where petitioner-accused paid entire compensation amount of Rs. 3,00,000/- (initially Rs. 1.5 lakh to show bona fides for suspension of sentence, and balance subsequently) to respondent-complainant, and complainant accepted the same and had no objection to compounding, offence under S. 138 compounded and petitioner acquitted — Judgments of conviction and sentence passed by trial court and appel India Law Library Docid # 2425615
(993) NEHA BARUA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 30-04-2025 Service Law — Reservation — Handicapped Category — Adjustment against Unreserved Category — 100% Reservation Impermissible — Where an advertisement shows a vacancy in the unreserved (UR) category, and simultaneously a seat is also reserved for a handicapped category without specifying a particular seat, the UR seat cannot be carried forward due to non-availability of a handicapped candidate if a meritorious UR candidate is available — Carrying forward the UR seat in such a scenario, effectively India Law Library Docid # 2425539
(994) RAJ KUMAR AND OTHERS Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025 Civil Procedure Code, 1908 — Order 39, Rules 1 & 2 — Interim Injunction — Non-extension in Subsequent Orders — Effect — Where an interim injunction has been granted, its efficacy is not ceased merely by the absence of an explicit extension in subsequent orders — The order remains in force until discharged, vacated, or modified India Law Library Docid # 2425886
(995) DHARMINDER SINGH AND ANOTHER Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-04-2025 Penal Code, 1860 — Section 420 — Cheating and dishonestly inducing delivery of property — Essential ingredients — Fraudulent or dishonest inducement to deliver property or consent to retain property, or intentional inducement to do or omit to do an act which causes or is likely to cause damage to the deceived person’s body, mind, reputation, or property — Intention to India Law Library Docid # 2425889
(996) AMRI KARBI DEVELOPMENT SOCIETY AND OTHERS Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 30-04-2025 Public Interest Litigation — Scope and Limitations — Bona fides — Abuse of Process — Essential ingredients are genuineness of the petition, satisfaction of correctness of contents, substantial public interest involvement, redressal of genuine public harm/injury, absence of personal gain/motive — Court must verify credentials and be extremely careful in allowing process to be used — Frivolous or motivated petitions detract from court’s time and India Law Library Docid # 2426202
(997) SAHIB RAM SEHRAWAT AND OTHERS Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Companies Act, 2013 — Section 14 — Moratorium — Proceedings against promoters — The moratorium imposed on a company under Section 14 of the Insolvency and Bankruptcy Code (IBC) does not prevent proceedings against the promoters or directors of the company for the company’s liabilities. India Law Library Docid # 2428844
(998) JOGINDER SINGH Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-04-2025 Constitution of India, 1950 — Articles 226/227 — Writ of Mandamus — Village Common Land (Shamlat Land) — Illegal Handover of Possession — Petitioner sought direction to authorities to take action against Gram Panchayat for illegally handing over possession of village common land to private respondents, contravening law and for personal use India Law Library Docid # 2428845
(999) MANJEET DEORA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025 Administrative Law — Legitimate Expectation — Scholarship Schemes — Conditions for Invoking Doctrine — The doctrine of legitimate expectation arises when a representation or promise is made by an administrative authority, either expressly or impliedly, or if a regular and consistent past practice gives room for such expectation — For a petitioner to successfully claim legitimate expectation regarding a scholarship, there must be a clear promise or representation by the authorities that was not s India Law Library Docid # 2425480
(1000) MAMAN SINGH Vs. ROHITASH SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-04-2025 Rajasthan Tenancy Act, 1955 — Section 251(A) — Jurisdiction of Revenue Courts — Suits Concerning Agricultural Land and Ways Therein — A suit pertaining to a ‘way’ or path located within agricultural land falls under the exclusive jurisdiction of the Revenue Courts as per the Rajasthan Tenancy Act, 1955 — If the subject matter of a suit filed in a Civil Court is essentially a dispute over such a way, which is part of agricultural land, the Civil Court lacks jurisdiction to adjudicate the India Law Library Docid # 2425481