401. Subsequent suit -- Plaintiff was entitled to sue for specific performance when he filed earlier suit for injunction -- Suit seeking decree of specific performance barred under Order 2 Rule 2 CPC (P&H HC) Reserved on: 09.07.2025 Decided on: 01.10.2025

402. Cheque bounce complaint -- Jump of bail – Proclaimed person – Primary object of every Court is only to examine the commission of crime in question before it viz-a-viz the person/ accused, who is subjected to such proceedings, and if possible justice be imparted at the earliest without unnecessary delay -- Not expected that undue time would be devoted in securing the presence of absconded accused and also to waste energy by enforcing the special mechanism to arrest such accused -- When the petitioner came to know about passing of the impugned order, the petitioner immediately moved the petition, showing his inclination to submit himself before the trial Court – Impugned order set aside to the extent of declaring the petitioner as ‘proclaimed person’ -- Petitioner ordered to be released on bail. (P&H HC) Decided on: 01.10.2025

403. Additional evidence -- Documents which respondent-plaintiff is allowed to be proved by way of additional evidence are mutations and copy of amended site plan along with mutation which is official record and cannot be manipulated and as regards site plan is concerned, the same is also on record and it will definitely help the Court in arriving at the just conclusion and to effectively dispose of the litigation between the parties – Held, the learned Civil Judge has not exercised the jurisdiction in perverse manner and has not committed any material illegality or irregularity warranting interference by this Court -- Finding no merits, revision petition dismissed. (P&H HC) Decided on: 30.09.2025

404. Anticipatory bail – Visa by illegal means -- Rs. 50 lacs paid for sending son to USA directly -- Donkey method adopted -- Although the complainant also knew that they were paying money to obtain a Visa through illegal means, and undoubtedly later cried foul, it is akin to the kettle calling the pot black -- However, a con cannot seek bail because of the victim’s stupidity or cunningness and shrewdness -- A perusal of the bail petition and the documents attached primafacie points towards the petitioner’s involvement and does not make out a case for anticipatory bail -- Impact of crime would also not justify anticipatory bail – Bail declined. (P&H HC) Reserved on: 01.09.2025 Decided on: 30.09.2025

405. Appointment of Lambardar – Ld. Single Judge by giving details of both the candidates has found that the respondent No.4 was better suited than the appellant coupled with the fact that respondent No.4 has been working for the last 28 years, it will not be in the interest to dislodge the respondent No.4 from the said post -- No perversity in the impugned judgment passed by the learned Single Judge -- Mere passage of time can, on occasion, give rise to judicial discretion to be exercised by the Courts, which has rightly been exercised by the learned Single Judge – Respondent No.4 is more educated than the appellant and both almost are having same land holding in the village and respondent No.4 has worked as Sarbara Lambardar at the time when he was appointed -- LPA dismissed. (P&H HC) Decided on: 29.09.2025

406. Appointment of Lambardar – Age – Land holding -- Appointed candidate/ Respondent No.4 has the land in the village of which he has been appointed as Lambardar and his name was recommended by the Tehsildar as well as by the Sub Division Magistrate, which was accepted by the all the authorities, whereas no land is owned by the appellant in the village -- Appellant is 24 years of age and respondent No.4 is 30 years of age -- Six years difference between the age is not such that it will tilt the pendulum in favour of the appellant -- No ground made out for interference – LPA dismissed. (P&H HC) Decided on: 29.09.2025

407. Rent laws -- Tenancy -- Oral assertions regarding subsistence of tenancy was not rebutted at all -- Defendant has not even appeared in the witness box -- Petitioner has placed on record house tax assessment showing that petitioner/ tenant was recorded as a tenant on monthly rent of Rs.1,750/- therein -- If the ocular account given by landlord is appreciated in the light of other material i.e. sale deed in favour of his parents, electricity connection in tenanted premises in his name and house rent assessment where respondent is shown as tenant, the conclusion would be regarding existence of tenancy. (P&H HC) Decided on: 26.09.2025

408. Culpable homicide not amounting to murder -- Evidence of PW-1 reveal that even though the accused appellants were having sharp weapons (pike, spear, etc.), they had only used the blunt side of the said weapons -- PW-2 son of deceased turned hostile -- Medical evidence would also show that all the three deceased persons had lacerated and contused wounds only and there were no incised wounds -- No material on record to show that they had the intention to kill them -- There was prior enmity over the measurement of agricultural fields -- Conviction u/s 302 IPC would not be tenable and is liable to be converted to one under Section 304 Part I of IPC – Accused/ appellants have already undergone sentence of more than 12 years – Sentence reduced to already undergone. (SC) Decided on: 26.09.2025

409. Compensation in motor vehicle accident case -- Not permissible in law for the High Court to apply the parameters under Workmen’s Compensation Act, 1923 regarding fixing of income when the compensation was assessed and fixed by the Tribunal in a claim petition under Section 166 of the M.V. Act by applying principles under the said Act. (SC) Decided on: 26.09.2025

410. Compensation in motor vehicle accident case -- Injury case – Death of injured – Right of Legal Heirs – Right to claim compensation for the injuries caused in a motor vehicle accident survives on the legal representatives of the injured even if the injured dies in the course of the proceedings for reasons not relatable to or having any nexus with the injuries sustained. (SC) Decided on: 26.09.2025

411. Compensation in motor vehicle accident case -- Proof of accident -- Registration of FIR -- It is on preponderance of probabilities that the proof of accident is looked at in a motor accidents claim -- An FIR registered as against the driver of the offending vehicle can be relied on to find the accident having been caused by the driver of the offending vehicle, that too by his rash and negligent driving as reported at the first instance -- However, the preponderance of probabilities that arise from such an FIR registered would not have the same probity if there is a valid suspicion raised on the registration of the FIR and the falsity of the claim being clearly discernible from the evidence led itself. (SC) Decided on: 26.09.2025

412. Abetment to suicide – Anticipatory bail -- Deceased is husband of the petitioner -- No suicide note had been recovered -- Petitioner was having matrimonial discord and was residing separately from the deceased husband since the last about one year -- Deceased tried to commit suicide about six months ago also -- No such allegation that the deceased immediately consumed poisonous substance after alleged quarrel at his in-laws’ house at Kathua itself -- Custodial interrogation of the petitioner is not required for any purpose and nothing is to be recovered from her -- No useful purpose would be served by sending the petitioner behind the bars – Bail allowed. (P&H HC) Decided on: 26.09.2025

413. Civil suit pending – Maintainability of Writ petition -- Writ petition is not maintainable, dismissed -- Dismissal would have no bearing on the pending civil suit. (P&H HC) Decided on: 26.09.2025

414. Motive -- Disclosure statement – Reliance upon -- For drawing an inference pertaining to motive, the trial Court relied upon the document which was a disclosure made by respondents -- Manifestly, the use of the said document was limited to the extent permitted u/s 27 of the Indian Evidence Act, 1872 -- Inculpatory narrative recited therein could not have been used to draw any inference regarding motive, which was required to be established from substantive evidence. (SC) Decided on: 26.09.2025

415. Quashing of FIR -- Parameters -- If the allegations made in the FIR or the complaint, even when taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out any case against the accused, quashing of the proceedings would be justified. (SC) Decided on: 26.09.2025

416. Compensation in motor vehicle accident case -- Appellant 20 years aged was a final year B.Com student who had also enrolled with the Institute of Chartered Accountants of India rendered immobile with paraplegia for reason of the fracture of C4-5 -- Tribunal adopted an income of Rs.3,339/- per month being the minimum wages -- Court not convinced that the Minimum wages would be determined on the basis of the educational qualification alone without reference to the nature of work carried on – Held, even if he had not obtained the certificate as a Chartered Accountant, upon graduation, he could have been employed as an Accountant, who would have, on any reasonable estimate, received an amount of Rs.5,000/- as monthly income in the year 2001 -- 40% future prospects given with multiplier of 18 -- Loss of income for the 100% disabled paraplegic would be Rs.15,12,000/- (Rs.5,000/- x 140% x 12 x 18) – With medical expenses of Rs.11,22,356/- compensation totalling to Rs.40,34,356/- -- Total award carrying interest @ 9% per annum from the filing of the petition till realisation -- In addition, Rs.20 lakhs as future medical expenses incurred by the parents awarded. (SC) Decided on: 26.09.2025

417. Cheque bounce complaints -- Compounding of offence – Release on probation -- Not only a voluntary compromise can bring the proceedings under Section 138 NI Act to an end, but the accused under the said offence are entitled to benefit under the Probation of Offenders Act, 1958 -- Guidelines of compounding given in Damodar S. Prabhu’s case (2010) 5 SCC 663 modified (SC) Decided on: 25.09.2025

418. Multi-Purpose Worker (MPW) on contract basis – Non-release of salary after expiry of contract – Shifting to the web-portal of the HKRNL – Further engagement – Inquiry Committee of DEEO, Section Officer under the Chairmanship of Class-1 Officer of the Directorate constituted -- Petitioners permitted to represent before the said inquiry committee for establishing the dates upto which they actually worked in the respective schools -- Respondents directed to conclude the enquiry after affording due opportunity of hearing to the petitioners and to release remuneration for the period they have worked after 31.03.2024 within three months – Department is at liberty to take disciplinary action against the officer(s)/official(s), in case anyone is found negligent or deficient in performance of duty -- Further direction given for porting the MPWs to the HKRNL in terms of the applicable policy in accordance with law, within one month thereafter.Multi-Purpose Worker (MPW) on contract basis – Non-release of salary after expiry of contract – Shifting to the web-portal of the HKRNL – Further engagement – Inquiry Committee of DEEO, Section Officer under the Chairmanship of Class-1 Officer of the Directorate constituted -- Petitioners permitted to represent before the said inquiry committee for establishing the dates upto which they actually worked in the respective schools -- Respondents directed to conclude the enquiry after affording due opportunity of hearing to the petitioners and to release remuneration for the period they have worked after 31.03.2024 within three months – Department is at liberty to take disciplinary action against the officer(s)/official(s), in case anyone is found negligent or deficient in performance of duty -- Further direction given for porting the MPWs to the HKRNL in terms of the applicable policy in accordance with law, within one month thereafter. (P&H HC) Decided on: 25.09.2025

419. Rejection of plaint -- Subject matter of the suit is property, which appellant (husband) says he purchased in name of respondent (wife) – Seeking declaration that the property is his -- Respondent says the property was purchased for her benefit – Held, suit comes within section 7 (1) (c) in the Act of 1988 – Impugned order of rejection of plaint, set aside. (All. H.C.) Decided on: 25.09.2025

420. Compensation in motor vehicle accident case – Principle of Pay and recover – Invalid Driving licence -- On the date of accident, the driver had no valid license and the licence was not renewed -- Insurance company was entitled to take a valid defence in that regard u/s 149 (2)(a)(ii) as the driver of the offending vehicle was not duly licensed, to avoid its liability to pay the compensation -- Conditions in law are satisfied to absolve the insurance company from the payment of compensation -- It is only proper that the insurer be directed to satisfy the award, which however can be recovered by the insurer from the insured-owner of the vehicle -- Appeal allowed. (SC) Decided on: 24.09.2025

421. Conviction in cheque bounce complaint – Appeal -- Suspension of sentence – Condition of deposit of 20% of compensation – Whenever the deposits are expensive than the liberty, and the Appellate Courts are convinced that the convicts are not in a position to deposit and likely to forego their liberty even when the first appeal is yet to be decided -- Appellate Courts must make efforts to prioritize hearing appeals filed against the convictions and decide those preferably within sixty days of filing, and not later than ninety days, which clearly aligns with the legislators’ intentions -- However, the time of sixty days should be extended to the extent to which the decision of the appeal is delayed because of the complainant. (P&H HC) Reserved on: 02.07.2025 Decided on: 24.09.2025

422. Threaten to get transfer – Whether attract Section 186 of IPC -- Allegations are that S.H.O. advised the servant not to waste water or open the gate -- Accused arrived at the scene -- Complainant requested that the accused refrain from throwing rubbish into the police station compound and from opening the police station gate, as cattle entered the compound through the open gate -- Accused became angry and threatened the informant with transfer – Held, accused had only threatened the S.H.O. to get him transferred and not stated that the SHO should not supervise the cleanliness; hence, the act of the accused would not constitute any obstruction, and the ingredients of Section 186 of the IPC were not satisfied – Acquittal order, upheld. (H.P. HC) Reserved on: 10.09.2025 Decided on: 24.09.2025

423. Belated claim – Limitaiton -- Claimant discharged from the hospital on 12.07.2016, he repeatedly visited the hospital over the next six months for follow-up -- Claiming compensation of Rs.1 crore, petitioner approached the Lok Adalat by filing an application under Section 22-C of the Act of 1987 on 10.08.2022 -- Cause of action arose to the petitioner in the year 2016, however, he has invoked the jurisdiction of the Lok Adalat in the year 2022 -- Limitation for filing a petition under the Act of 1987 is three years and any petition filed thereafter is barred by time. (P&H HC) Decided on: 24.09.2025

424. Criminal trial -- Intermediate order – Interlucatory order – Revisional jurisdiction – Inherent powers -- All orders other than the final orders are not interlocutory ones -- Some of them are intermediate or quasi final orders -- Intermediate order is one which is passed at intermediate stage, but when reversed, it has the effect of terminating the proceedings and thereby resulting in a final order – Held, if the contention/ objection of the petitioner, who moves the superior Court in revision against the an impugned order, is upheld and the criminal proceeding as a whole gets concluded/ terminated, the impugned order is an intermediate and not interlocutory order, despite the fact that it was passed during an interlocutory stage -- It also implies that the order may be intermediate for accused but interlocutory for the complainant/ informant/ State. (Patna HC) Decided on: 23.09.2025

425. Translated version of Exhibited documents to be on record – Procedure of -- Ld. Appellate Court misdirected itself by construing as if the prayer of the petitioner was to be construed on the parameters of Order XVIII, Rule 17 of the CPC -- In a case where a document already stands exhibited and a prayer is to place on record a translated copy thereof, there is no requirement of filing any application to place on record the translated version of the document and all that the Court has to ensure is that the translated version is the true translated version of the document concerned -- Opportunity should be given to both the parties to file translated version of the document and/or to agree on a correct translation filed by a party -- Alternatively, the Court can also get the translation done on the expense of the party through the official Translator. (H.P. HC) Decided on: 23.09.2025

426. Maintenance to child – Matrimonial settlement – Effect of -- While there may have been a Settlement for the maintenance past, present and future between the Husband/ Petitioner and wife/ Respondent No.1, but while entering into such matrimonial Settlement, the right of the child cannot be compromised and these Settlements do not impact the independent rights of the child -- If the wife/ Respondent No.1 is able to prove changed circumstances, she may get entitled to maintenance -- Rights of the child to claim maintenance from the father, cannot be rejected at the outset. (Delhi HC) Decided on: 23.09.2025

427. O 47 R 7(1) CPC -- Review -- Appeal -- No appeal lies against an order rejecting a review petition; however, where a review is allowed, the aggrieved party may challenge the order allowing review either immediately under Rule 7(1) or in an appeal against the final decree or order passed after such rehearing (SC) Decided on: 23.09.2025

428. Departmental punishment – Writ jurisdiction -- Scope of interference while exercising jurisdiction under Articles 226/227 of the Constitution of India in disciplinary proceedings is very limited -- Court has no power to look into quantum of sentence/punishment unless and until Court finds that sentence awarded is disproportionate to alleged offence -- Court while exercising its jurisdiction under Article 226 of Constitution of India can look into the procedure followed by authorities, in case, it is found that enquiry officer or disciplinary authority has not considered any evidence on record or misread the evidence or procedure as prescribed by law has not been followed, the Court can interfere. (P&H HC) Decided on: 22.09.2025

429. Landlord-tenant relationship – Agreement to sell/ Lease -- Agreement to Sell does not create any title in favour of the purchaser -- Nothing on record that JD or his successor-in-interest ever took any step, including filing a suit for specific performance, in furtherance to Agreement to Sell -- Not proved that Agreement to Sell was pertaining to the entire premises in reference -- Agreement was not exclusively an Agreement to Sell but it was having alternative either to sell out or lease out the property -- In the agreement, it is nowhere stated that tenancy had come to an end -- It would be wrong to construe that, for execution of agreement, relationship of landlord and tenant had come to an end -- Objections, preferred by respondent (JD) allowed by Ld. Executive Court, with finding that at the time of filing the Rent Petition, status of parties stood changed in view of Agreement to sell – Impugned order set aside. (H.P. HC) Reserved on: 10.7.2025 Decided on: 22.09.2025

430. Cheque bounce complaint – Demand notice u/ 138 of NI Act – Validity of -- It is mandatory that the demand in the statutory notice has to be the very amount of the cheque -- After mentioning the exact cheque amount, the sender of the service may claim in the notice amounts such as legal charges, notice charges, interest and such other additional amounts, provided the cheque amount is specified to be demanded for payment -- When the cheque amount is not mentioned in the Proviso (b) notice or the amount different than the actual cheque amount is mentioned, in the notice, such notice would stand invalid in eye of law -- In the event of the main ingredient not being satisfied on account of discrepancy in the amount of cheque and one mentioned in the notice, all proceedings u/s 138 of the NI Act would fall flat as bad in law. (SC) Decided on: 19.09.2025

431. Conviction in cheque bounce complaint -- Compromise -- Acquittal – Non-appearance of complainant – Compounding of offence -- Dispute resolved before the Mediation and Conciliation Centre and the report submitted by the Mediator -- Matter was adjourned on numerous occasions mostly on account of non-appearance on behalf of respondent No.1 -- Amount of Rs.1,10,000/-, as agreed between them, already stands paid to respondent No.1- complainant -- Non-appearance on behalf of the respondent No.1- complainant is nothing but delaying tactics for finalization of proceedings -- Offence u/s 138 of the N.I. Act, 1881 permitted to be compounded under Section 147 of the Act -- Judgment of conviction and order of sentence set aside -- Petitioner acquitted. (P&H HC) Decided on: 19.09.2025

432. Pronote – Proof of – Plaintiff/ PW-1 reiterated the facts stated in the plaint -- PW-2 deposed that the pronote and receipt were written by him at the request of the defendant and further stated that the documents were duly read over and explained to the defendant, who, after understanding and acknowledging the contents to be correct and upon receiving Rs. 3,00,000/- in cash, affixed his signatures thereon -- Attesting witness to the pronote and receipt was also examined as PW-3, his testimony is in line with the assertions made by PW-1 and PW-2 -- PW-3 further affirmed that the defendant signed the documents in his presence and that he could identify the signatures of both the plaintiff and the scribe -- Defendant has not denied his signatures on the pronote and receipt, he merely pleaded that the documents were blank at the time of signing and that his signatures were obtained under a false pretext -- Plaintiff examined a handwriting and finger print expert as PW-5, who confirmed that the signatures on the pronote and receipt (Ex. P-1 and P-2) were indeed those of the defendant -- Both the Courts below have rightly found the execution of the pronote and receipt to be duly proved (P&H HC) Reserved on: 17.09.2025 Decided on: 19.09.2025

433. Partition of land – Change of land use – Chahi to Gair Mumkin -- Licence to develop residential colony -- Grant of license by itself merely indicated an intention to develop a colony and could not ipso-facto alter the revenue character of the land from Chahi to Gair Mumkin -- Since the occupation certificate dated 15.12.2017 did not concern the suit land, there was in fact no material to justify the conclusion that the land had ceased to be Chahi and had become Gair Mumkin -- An injunction being an equitable relief, the party seeking it must approach the Court with clean hands -- As the appellant-plaintiff is guilty of misrepresenting a material fact, the learned First Appellate Court rightly declined to grant the injunction. (P&H HC) Reserved on: 09.09.2025 Decided on: 19.09.2025

434. Recovery from retired employee – Permissibility of -- Recovery cannot be made from the retired employee -- In case there is no misrepresentation or fraud on the part of the employee, the excess amount paid to such an employee cannot be recovered -- Petitioner had already retired and there was no misrepresentation or fraud on the part of the petitioner qua fixation of his salary, which was re-fixed after his retirement – Held, excess amount paid to him during service period could not have been recovered and therefore, any recovery made from the petitioner out of his pensionary benefits cannot be sustained and the same is, accordingly, set aside -- Sum recovered from the petitioner ordered to be refunded back to the petitioner within a period of eight weeks. (P&H HC) Decided on: 17.09.2025

435. Compensation in motor vehicle accident case – Dependency of not legally wedded wife and her daughter – Legal representatives -- Tribunal can award compensation to a cohabitant of deceased who lived like a spouse -- Principle of substantive justice, recognizes the partner's dependency on the deceased -- However, the cohabitant must prove that he/she was in a stable, long-term relationship with the deceased, financially dependent upon him and the relationship had the character of marriage, even if not formalized -- Appellants No.1 and 2 are sister-in-law and niece of deceased -- Appellant No.1 and deceased were living the status of spouse and deceased was also having the responsibility of appellant No.2 -- In such circumstances, appellants/ claimants come under the purview of 'legal representatives' of deceased for filing the claim petition on account of death of deceased under Motor Vehicles Act (M.P. HC) Decided on: 17.09.2025

436. Kalandra u/s 182 IPC -- Only the concerned public servant or his administrative superior can file complaint u/s 195 Cr.P.C. and such power is non-delegable – Alleged false complaint was addressed to Director General, kalandra initiated by SP is without jurisdiction, quashed. (P&H HC) Decided on: 17.09.2025

437. POCSO – Rape – Sexual assault -- Regular bail -- Applicant is in judicial custody since 02.06.2025 -- Alleged victim and the informant, the father of the alleged victim, have not supported the case of the prosecution – Held, bail is the rule and committal to jail is an exception -- Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India -- Object of keeping the accused person in detention during the trial is not punishment -- Main purpose is manifestly to secure the attendance of the accused -- No reason found to keep the applicant behind the bars for an indefinite period – Bail allowed. (UK HC) Decided on: 17.09.2025

438. Pronote – Execution of -- Allegation of forgery – Proof of – Suit for recovery decreed by learned Courts below -- Marginal witnesses PW2 and PW3 had duly proved that after taking the amount, the defendant had executed Pronote Ex.P1 in favour of the plaintiff and Receipt Ex.P2 -- Defendant has not even denied his signatures on the Pronote and Receipt -- Defendant had not moved any complaint before any police authorities or any other higher authorities against the plaintiff for the alleged forgery and fabrication of the Pronote -- Very fact that the cousin of the appellant/ defendant is deposing against the appellant, would prove the case against the appellant -- Defendant led no evidence to prove the alleged forgery -- No ground is made out to interfere in the concurrent judgments and decrees of the learned Courts below -- Regular Second Appeal dismissed. (P&H HC) Decided on: 17.09.2025

439. Suit for recovery – Pronote & Receipt – Proof of -- Plaintiff-respondent himself duly appeared in support of his case -- Both the attesting witnesses examined as PW2 and PW3 -- Scribe of pronote and receipt who is an Advocate as PW4, who duly asserted that on the instance of defendant he had scribed the original pronote and receipt and got it typed in the presence of the parties -- He further asserted that the same was read over to defendant and after admitting the same to be correct, he had signed in his presence as well as in presence of witnesses after receiving Rs. 12,00,000/- – Appellant-defendant not denying his signatures over the pronote and receipt – His claim is that plaintiff has forged the pronote and receipt – Mere oral self-serving statement of appellant-defendant is not sufficient to conclude and throw the evidence of plaintiff-respondent, attesting witnesses and scribe who in a consistent manner had asserted due execution of pronote and receipt by appellant-defendant. (P&H HC) Decided on: 17.09.2025

440. Appointment of Lambardar – JBT Teacher – Candidature of – Contention that that respondent No.6 is working as a JBT Teacher and is not available to perform his functions as Lambardar, which should have been treated as a disqualification – Held, once, the said pleaded ‘disqualification’ is not pre-requisite under governing the Rules, merely on the asking of the appellant, the same cannot be treated as disqualification -- For the last 15 years, respondent No.6 has been performing the duties of the post of Lambardar, no complaint has been received that he was not available to discharge the duties of the post as and when required -- Contention of the appellant cannot be accepted – Appeal dismissed. (P&H HC) Decided on: 17.09.2025

441. Sale deed by impersonation – Conspiracy – Protracted trial – Sentence reduced -- Prime accused in conspiracy with the petitioners secured attestation and registration of the sale deed -- Role of Petitioners as Lambardar and co-villager was not passive but active in facilitating the fraudulent transaction – Principal beneficiary expired does not exonerate the petitioners of liability -- Criminal conspiracy u/s 120-B of the IPC is an independent offence, and once participation is proved, conviction can stand irrespective of the status of other conspirators -- Held, both the Courts below rightly held the petitioners guilty u/s 120-B of the IPC -- Petitioners have been facing trial since 1998 and are not involved in any other case -- Considering the protracted proceedings, their age, and the fact that they have already suffered the ordeal of litigation for more than two decades, sentence reduced to the period already undergone by them. (P&H HC) Decided on: 17.09.2025

442. Appointment of Lambardar -- Hereditary claim -- Sarbraha Lambardar -- Only argument that the petitioner is son of previous deceased Lambardar (SC) and also remained Sarbraha Lambardar and therefore, he deserves preference for appointment to the post of Lambardar -- Held, hereditary claim in the matter of appointment of Lambardar is ultra vires of the Constitution and preference to a candidate on the ground that he has remained a Sarbarah Lambardar would tantamount to give preference to hereditary claim – All the courts below concurrently found respondent No. 6 as a better and suitable candidate for appointment to the post of Lambardar inasmuch as that he is younger in age and more educated than the petitioner -- No compelling reasons to interfere in the impugned orders and finding no merit, the instant civil writ petition is accordingly dismissed. (P&H HC) Decided on: 17.09.2025

443. Appointment of Local Commissioner -- Plaintiff asserted that his land is situated adjoining the disputed rasta (pathway), which is duly recorded as a rasta in the revenue records and defendants are restraining him from using the said rasta seeking decree of mandatory and permanent injunction – Defendants’ case is that the suit rasta forms part of their private property and no public pathway exists at the spot and entries in the revenue record were erroneous and have since been rightly rectified – Appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be dis-allowed -- Appointment of the Local Commissioner was made with the limited objective of ascertaining the existing status of the property on the spot, and not for the purpose of collecting evidence – Learned Court of first instance has recorded its due satisfaction while appointing the Local Commissioner -- Order, upheld. (P&H HC) Decided on: 17.09.2025

444. Theft – Common intention – Anticipatory bail -- Three co-accused were arrested -- Stolen property was recovered from arrested co-accused -- They told that applicant was also involved in the said offence -- Two arrested persons have already been granted bail -- Applicant is not a convicted person -- Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case – Bail allowed. (UK HC) Decided on: 17.09.2025

445. Quashing of FIR/ Charge-sheet/ Summoning order -- An earlier complaint filed by the respondent No.2/ complainant with the same allegations against the appellant and bank officials came to be dismissed as withdrawn -- Second complaint was filed without disclosing the factum of the filing and withdrawal of the first complaint -- Even in the chargesheet filed in pursuance of the FIR in question, there is no mention of the filing and withdrawal of the first complaint for the same dispute -- Chargesheet did not elucidate as to how the case was made out against the appellant -- Even in the cognizance and summoning order passed by the Court below, no reasons have been assigned as to how a case is made out against the appellant, who was merely a guarantor to the loan, which, after the death of the husband of the appellant, stands settled – Held, no case for summoning the appellant in the complaint was made out -- Continuation of the proceedings will amount to abuse of process of law -- FIR and all proceedings subsequent thereto, including the summoning order quashed. (SC) Decided on: 16.09.2025

446. POCSO -- Rape – Sexual assault – Compromise quashing of FIR -- Applicant and the respondent no.2/ victim solemnized their marriage and their marriage has been registered – Held, though High Court would normally be hesitant to quash the proceedings u/s 376(3) of IPC and Section 3(a) read with Section 4 of POCSO, but, it is noticed that the applicant and the informant got married and they are living happily – if the proceedings are allowed to continue, it would amount to denial of complete justice to the parties -- Inherent jurisdiction should be exercised to do real and substantial justice – Application allowed and the entire proceedings quashed. (UK HC) Decided on: 16.09.2025

447. Long pendency of cheque bounce complaint – Petition seeking direction to decide expeditiously – Complaint is pending since 2020 – Petition allowed, Ld. Additional Chief Judicial Magistrate directed to expedite the proceedings and conclude the proceedings as per law as expeditiously as possible without granting any unnecessary adjournment to the parties. Indian Bank Association’ case (2014) 5 SCC 590 relied. (UK HC) Decided on: 16.09.2025

448. Fire arm case -- Anticipatory bail – After seeing the police, three persons ran away from the spot while the co-accused was arrested by the police and recovered eight pistols and sixteen magazines from his possession – Disclosure statement that applicant was also among those who fled from the spot and he also had pistol -- Co-accused granted regular bail by the Ld. Sessions Judge – Held, personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case – Anticipatory bail allowed. (UK HC) Decided on: 16.09.2025

449. POCSO – Kidnapping – Compromise quashing of FIR -- Applicant and the respondent no.3/ victim solemnized marriage on 15.07.2023 and their marriage has been registered -- A male child, aged about one year three months, is born out of their wedlock -- Though this Court would normally be hesitant to quash the proceedings under Section 363 of the IPC and the proceedings under the provisions of the Act, 2012, but the applicant and the victim got married and they are living happily -- In case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties -- Inherent jurisdiction of this Court should be exercised to do real and substantial justice -- Entire proceedings quashed. (UK HC) Decided on: 16.09.2025

450. Writ seeking direction to decide proceedings u/s 2 of 1939 Act expeditiously -- Additional Judge, Family Court directed to expedite the said case and conclude the proceedings as per law and as expeditiously as possible without granting any unnecessary adjournment to the parties. (UK HC) Decided on: 16.09.2025