(981) KIRANBHAI VASANTBHAI VASAVA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 31-01-2025 Penal Code, 1860 (IPC) — Sections 376(g) and 506(2) — The High Court, in allowing the criminal appeals and setting aside the conviction, held that the prosecution failed to prove the case beyond a reasonable doubt, emphasizing that while a prosecutrix's sole testimony can be the basis of conviction if it is of sterling quality and inspires confidence, the victim's deposition in this instance suffered from inconsistencies and lacked the necessary corroboration from crucial witnesses who were not India Law Library Docid # 2423332
(982) HIGH COURT OF GUJARAT Vs. KAMLESHKUMAR KEWALRAM ALWANI AND ANOTHER[GUJARAT HIGH COURT] 31-01-2025 Gujarat Civil Service (Conduct) Rules, 1971 — The High Court clarified its earlier order regarding disciplinary action against a judicial officer, stating that the term ‘termination’ was used erroneously and should be read as 'dismissal' of service, which was the actual punishment imposed by the disciplinary authority — The court emphasized that while it had set aside the order of dismissal on grounds of proportionality and directed the disciplinary authority to India Law Library Docid # 2423333
(983) EXPRESS RESIDENCY PRIVATE LIMITED Vs. THE STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 31-01-2025 Constitution of India, 1950 — Article 208, 212, 226, 32, and 194 — Rules framed by a State Legislature under Article 208 of the Constitution are subject to the fundamental rights guaranteed in Part III of the Constitution — This writ petition challenged the rejection of a document's registration based on directions from the Jharkhand Vidhan Sabha Secretariat — The High Court quashed these directions, finding they were beyond the powers of the concerned committee and official, and consequently di India Law Library Docid # 2423617
(984) PRASHANT RAJGARHIA AND OTHERS Vs. NISHANT RAJ AND OTHERS[PATNA HIGH COURT] 31-01-2025 Constitution of India, 1950 — Article 227 — Civil Procedure Code, 1908 — Order 39 Rule 1 and 2 — The High Court, under Article 227 of the Constitution, exercises supervisory jurisdiction over subordinate courts but should refrain from casual interference with their day-to-day functioning and should only issue directions when there is a dereliction of duty or a need to address grave injustice — The High Court disposed of a petition seeking directions to a Subordinate Judge for the expeditious dis India Law Library Docid # 2423678
(985) ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. SMT. ARTI DEVI AND OTHERS[ALLAHABAD HIGH COURT] 31-01-2025 Motor Vehicles Act, 1988 — Sections 147, 149, 149(2)(a)(ii), 149(4), 149(5), 150 and 168(3) — Despite the omission of the proviso to Section 149(4) of the Motor Vehicles Act, 1988, by the Amendment Act of 2019, the insurer's liability to pay compensation to the claimants and its right to recover the said amount from the owner in case of a breach of policy remains intact based on a purposive interpretation of the Act to protect third-party interests — The "pay and recover" principle established i India Law Library Docid # 2423760
(986) KALAVATI DEVI @ KALAVATI Vs. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 31-01-2025 Criminal Procedure Code, 1973 — Sections 239 and 482 — Penal Code, 1860 — Sections 409, 420 and 415 — At the stage of framing charges under Section 239 Cr.P.C., the trial court is required to peruse the police report and documents and the only right of the accused is to be heard. The court needs to see if a prima facie case is made out against the accused based on the prosecution papers — Reasons must be recorded for judicial orders — The High Court dismissed an application under Section 482 Cr. India Law Library Docid # 2423761
(987) SHARAD KUMAR AND ANOTHER Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 31-01-2025 Penal Code, 1860 — Sections 107, 294(b) and 306 — Criminal Procedure, 1973 — Section 228 and 482 — To constitute abetment to suicide under Section 306 IPC, there must be evidence of instigation, conspiracy, or aiding the act of suicide — A suicide note itself must contain specific allegations of wilful acts or omissions or intentional aid or instigation by the accused — Vague and irrelevant allegations in a suicide note are not sufficient to establish abetment — The High Court has the power unde India Law Library Docid # 2423762
(988) M/S SHRI KAMADGIRI CONSTRUCTION THROUGH ITS PARTNER GAJENDRA SINGH PARIHAR Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 30-01-2025 Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — Section 7 — When a works contract includes a specific dispute resolution clause requiring exhaustion of an internal mechanism before seeking tribunal intervention, the jurisdiction of the specialized tribunal under the Adhiniyam, 1983, is limited to petitions filed within one year of the designated authority's decision or within 18 months from the quantified claim's date if the authority fails to decide within six months — This emphasizes ad India Law Library Docid # 2422114
(989) MUNICIPAL COUNCIL, BHANDARA Vs. J.H. CONSTRUCTION PVT. LTD.[BOMBAY HIGH COURT (NAGPUR BENCH)] 30-01-2025 Arbitration and Conciliation Act, 1996 — Sections 11(6), 19, 34 and 37 — The Municipal Council of Bhandara challenged an Arbitral Tribunal's order allowing the exhibition of documents, including a photocopy of an audit report, while deferring objections to the final hearing — The petitioner argued this was arbitrary and sought immediate intervention under Article 227 of the Constitution — The court ruled that the Arbitration and Conciliation Act, 1996, provides a specific mechanism for challengi India Law Library Docid # 2422145
(990) STATE OF MAHARASHTRA Vs. GOPALA BABURAO WALKE AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 30-01-2025 Penal Code, 1860 (IPC) — Section 323 — Maharashtra Police Act, 1951 — Section 135 — The evidence of injured witnesses, when corroborated by medical evidence, is strong and reliable and should not be easily dismissed, even if there are minor contradictions or a lack of independent witnesses — The court found that the Trial Court had incorrectly given the benefit of the doubt to accused Nos. 1 and 2, failing to properly appreciate the testimonies of the injured witnesses along with the medical evi India Law Library Docid # 2422146
(991) SUNIL VYAS Vs. THE BAR COUNCIL OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 30-01-2025 Rajasthan Societies Registration Act, 1958 — Sections 12 and 12(2) — Violation of Statutory Procedure —The court found that the amendment to the by-laws of the Rajasthan High Court Advocates Association, which extended the tenure of elected office bearers from one year to two years, was in blatant violation of Section 12 — Specifically, the mandatory procedural requirements under Section 12 were not followed, including India Law Library Docid # 2422157
(992) SHRI. ROBIUL HUSSAIN Vs. STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 30-01-2025 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 483 — Protection of Children from Sexual Offences Act, 2012 — Section 31 — Medical condition and the prolonged duration of the trial — Bail — The Court granted bail to the accused, who was undergoing trial under the POCSO Act, primarily due to his serious medical condition and the prolonged duration of the trial — The court imposed strict conditions for bail, including a personal bond of Rs India Law Library Docid # 2422174
(993) FARMAN Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 30-01-2025 Penal Code, 1860 (IPC) — Sections 302, 201, 120-B and 34 — Murder — Bail — Whether petitioner should be granted bail — The petitioner argued that the case was based on circumstantial evidence, the incriminating evidence was not directly linked to him, and he had a clean record and had been incarcerated for over two years — The state and complainant opposed bail, arguing that the petitioner was part of a criminal conspiracy — The court cited the principle that "bail is the rule and jail is an exc India Law Library Docid # 2422187
(994) SURESH (SINCE DECEASED) THROUGH HIS LRS. Vs. MAHINDER (SINCE DECEASED) THROUGH HIS LRS.[PUNJAB AND HARYANA HIGH COURT] 30-01-2025 Suit for Possession — Part-performance of contract — The plaintiff filed a suit for possession of property, alleging the defendant forcibly took possession — The defendant claimed ownership via adverse possession and produced a full payment agreement – Whether the judgments of the lower courts should be upheld. The plaintiff argued that the document was not stamped or registered and could not be considered as evidence — The defendant relied on the full payment agreement and his continued possess India Law Library Docid # 2422188
(995) HARVINDER SINGH Vs. M/S. SANJAY AHUJA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-01-2025 Specific Relief Act, 1963 — Section 16(c) — Appellant filed a suit for possession via specific performance of an agreement to sell — The lower courts dismissed the suit — Whether the plaintiff was entitled to the relief of specific performance — The plaintiff claimed readiness and willingness to perform his part of the contract — The defendants argued the agreement was not valid, and the plaintiff did not have the means to fulfill his part of the contract — The court held that the plaintiff did India Law Library Docid # 2422189
(996) SATBIR Vs. HARYANA POWER GENERATION CORPORATION LTD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-01-2025 Employment — Delay and laches — Petitioner filed a petition seeking employment, claiming his land was acquired by the Haryana Power Generation Corporation Ltd — — Whether the court should grant the petitioner's employment claim — The petitioner argued for his employment rights — The respondent opposed, citing the significant delay since the land acquisition — The court held that more than 28 years had passed since the acquisition and there was no reasonable explanation for the delay — The court India Law Library Docid # 2422190
(997) RAMCHANDRA VISHNU SABLE AND OTHERS Vs. NARAYAN SHANKARRAO GAME PATIL AND OTHERS[BOMBAY HIGH COURT] 30-01-2025 Contract Act, 1872 — Sections 73 and 74 — Damages for breach of contract — Plaintiff sued the legal heirs of Defendants for breach of a land sale agreement — Plaintiff had agreed to sell land to defendant but sold it to defendant’s mother instead — Two agreements were signed on May 8, 2000: a sale agreement and a receipt for R. 3 lakh earnest money, with a clause stating that failure to execute the sale deed would require the seller to pay double the earnest money as compensation — The trial and India Law Library Docid # 2422206
(998) DES RAJ (DECEASED) THROUGH LRS. Vs. NAND KISHORE (SINCE DECEASED) THROUGH LRS AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-01-2025 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 and 2 and Order 2 Rule 2 — Appellant filed a suit for a permanent injunction to stop the defendants from closing a street — The defendants claimed ownership of the property by way of adverse possession — Whether the plaintiff was entitled to the injunction — The plaintiff argued that the street existed as per the site plan — The defendants claimed an oral settlement included the street within their property — The defendants also argued that the India Law Library Docid # 2422185
(999) RAKESH @ RAKA Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 30-01-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 20, 25, 29 and 37 — Possession of 1.524 kg of charas — Bail — Whether petitioner should be granted bail — The petitioner argued for bail on the grounds of parity with co-accused — The state opposed bail, citing the large quantity of drugs recovered and the petitioner’s criminal history — The court noted that the quantity of charas was commercial — The court also noted the rigors of Section 37 of the NDPS Act, which requires reasonab India Law Library Docid # 2422186
(1000) CHARAN SINGH @ BABLI Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 30-01-2025 Penal Code, 1860 (IPC) — Sections 307 and 34 — Arms Act, 1959 — Sections 27, 54 and 59 — This is a bail application by an individual arrested in 2018 — The primary issue is whether the applicant should be granted bail — The applicant argues that there is doubt about the prosecution’s story, that grounds of arrest were not given in writing, and that he will not tamper with evidence or influence witnesses — The applicant also argues that he is entitled to bail irrespective of the nature of the off India Law Library Docid # 2422246