(1)
Shivam Pandey ...Appellant Vs.
State ...Respondent D.D
13/02/2025
Rape on False Promise of Marriage – Whether Conviction Sustainable – The appellant was convicted for rape based on an alleged false promise of marriage—Trial Court found that the prosecutrix consented to sexual relations believing in the appellant’s promise—Held: Consent obtained under a misconception of fact due to a false promise of marriage is not valid under Secti...
(2)
Ram Lal (Deceased) & Others ...Appellants Vs.
Smt. Vijay Laxmi & Another ...Respondents D.D
13/02/2025
Civil Law - Permanent Injunction – Grant Without Finding of Possession – Order Set Aside – The lower appellate court maintained the trial court’s dismissal of the suit for cancellation of the sale deed but granted a permanent injunction in favor of the plaintiff-respondent – The High Court held that an injunction cannot be granted without recording a clear finding of ...
(3)
Proview Constructions Limited...Petitioner Vs.
Union of India & Others...Respondents D.D
13/02/2025
Writ Jurisdiction Against Private Banks – Function Test Applied – The respondent bank contended that it was a private entity and, therefore, not amenable to writ jurisdiction – The Court held that while a private scheduled bank may not be a state instrumentality, its obligation to allow depositors to withdraw their own funds is a public function governed by statutory regulations ...
(4)
RAKSHPAL AND ANOTHER ...Appellants Vs.
STATE OF UTTAR PRADESH ...Respondent D.D
13/02/2025
Criminal Law – Robbery and Murder – Sections 394, 397 IPC – Conviction and sentence upheld – The appellant was convicted for armed robbery and murder along with co-accused – The prosecution relied on the testimony of three eyewitnesses, including an injured witness – The defense argued that the witnesses were interested parties and that the investigation was def...
(5)
M/s Mohan Brothers ...Petitioner Vs.
Mr. Mithilesh Pandey ...Respondent D.D
13/02/2025
Labour Law - Industrial Disputes – Wrongful Termination – Compensation Instead of Reinstatement – Whether Justified – Held: Yes – The respondent was employed as a bus driver from 05.03.2002 but was terminated on 09.09.2012 without notice – The petitioner claimed voluntary abandonment, citing a full and final settlement of ₹30,000 – The Labour Court found...
(6)
SH. SUBHASH CHAND ...Petitioner Vs.
SMT. MAYA & ORS. ...Respondents D.D
13/02/2025
Family Law – Maintenance under Section 125 Cr.P.C. – No Proof of Husband’s Higher Income – The Family Court assessed the petitioner’s income as Rs. 20,000/- per month based on the Minimum Wages Act in the absence of any concrete evidence of actual earnings – The High Court modified this, holding that since the petitioner was only 10th class pass and not proven t...
(7)
DEVENDRA RAMCHANDRA PALSAMKAR ...Appellant Vs.
GAJANAN RAGHUNATH PATKAR ...Respondent D.D
13/02/2025
Civil Procedure – Permanent Injunction – Plaintiff Must Prove Possession – The Court held that in a suit for permanent injunction, the plaintiff must establish possession – In this case, the plaintiffs proved possession through property tax records, assessment bills, and eviction suits against tenants – The appellant (defendant) failed to file a written statement or c...
(8)
Sushanta Kumar Kabi ...Petitioner Vs.
AABSyS Information Technology (Represented by Mrs. Namita Priya) Prasant Kumar Kabi,
IBAK Consultancy Services (OPC) Pvt. Ltd. ...Opposite Parties D.D
13/02/2025
Commercial Law – Rejection of Plaint – Order VII, Rule 11, CPC – The petitioner filed an application under Order VII, Rule 11, CPC, contending that the suit was barred by territorial jurisdiction as per the agreement between the parties – The trial court rejected the application, holding that the plaint disclosed a cause of action and was not barred by any law – Held:...
(9)
Narendra Kumar Ram ...Petitioner Vs.
The State of Bihar & Others ...Respondents D.D
13/02/2025
Criminal Law – Quashing of FIR - Prohibition Law – Validity of FIR Based on Breath Analyzer Test – FIR Quashed – The petitioner was booked under Section 37 of the Bihar Prohibition and Excise Act, 2016, based solely on a breath analyzer test showing 41 mg/100 ml blood alcohol concentration – No confirmatory blood or urine test was conducted – The Court relied on...