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(341) M.S. ELECTRICITY DISTRIBUTION COMPANY LTD. Vs. M/S. JAI BAMLESHWARI RICE INDUSTRIES[BOMBAY HIGH COURT (NAGPUR BENCH)] 15-12-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Standard for State Litigants — Application by Maharashtra State Electricity Distribution Company Limited (MSEDCL) for condonation of 397 days delay in filing a criminal appeal — Explanation citing "administrative difficulties" and internal processing (legal opinion, document collection) held insufficient — Paragraphs describing internal counsel consultation and brief preparation did not properly explain the delay — Statutory bodies and St
India Law Library Docid # 2437115

(342) NARESH PRABHUBHAI GOLANI Vs. STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 15-12-2025
Criminal Law — Circumstantial Evidence — Indian Penal Code, 1860 — Sections 302, 397, 364, 201, 120-B, 34 — Murder, robbery, kidnapping, causing disappearance of evidence, criminal conspiracy — Standard of Proof — In cases based on circumstantial evidence, the prosecution must fully establish the circumstances from which guilt is drawn; these facts must be consistent only with the hypothesis of guilt, be of a conclusive nature, exclude every other possible hypothesis, and form a complete chain l
India Law Library Docid # 2437169

(343) SRI BHUPENDRA CHOUDHURY AND OTHERS Vs. SRI ARUN CHOUDHURY[GAUHATI HIGH COURT] 15-12-2025
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 223(1) (Examination of complainant) — Taking Cognizance of Offence on Complaint — Mandatory Procedure — Section 223 mandates that a Magistrate must examine the complainant and witnesses, if any, on oath, and reduce the substance of such examination to writing, before taking cognizance — The proviso to Section 223(1) requiring the accused to be given an opportunity of being heard must be satisfied after the examination of the complainant a
India Law Library Docid # 2437271

(344) HUSSAIN MD. RIJUAN @ HUSSAIN MAHAMMAD RIZUWAN Vs. THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR[GAUHATI HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 417, 306, 376 — Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 6 — Quashing of Cognizance — Cognizance taken by Special Judge under Sections 417/306/376 IPC read with Section 6 POCSO Act — Petitioner accused of failed promise to marry leading to victim’s suicide — Allegations of love relationship and sexual relationship
India Law Library Docid # 2437272

(345) NEW INDIA ASSURANCE CO. LTD. Vs. GAYATRIDHAM PHASE CO-OP. HOUSING SOCIETY AND ANOTHER[BOMBAY HIGH COURT] 15-12-2025
Consumer Protection Act, 1986 — Section 24A — Insurance Claim — Limitation — New India Assurance Policy (Standard Fire and Special Perils Policy) — Repudiation Claim — Cause of Action — Society renewed policy by cheque on July 17, 2005; heavy rain causing damage on July 26, 2005; insurer claimed policy cancelled on August 4, 2005 due to dishonored cheque (insufficiency of funds) —
India Law Library Docid # 2436971

(346) MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. KALPITA ENCLAVE CO-OPERATIVE HOUSING SOCIETY AND OTHERS[BOMBAY HIGH COURT] 15-12-2025
Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 & 2 — Injunction — Public Interest vs. Private Interest — Challenge to restrain Municipal Corporation from removing structures (security cabin, entrance gate, MS tin sheets) obstructing a Development Plan (DP) road — Structures erected by Co-operative Housing Societies (Original Plaintiffs) on land conveyed to the Corporation for DP road purposes since
India Law Library Docid # 2436972

(347) PUNEET BHASIN Vs. YES BANK LIMITED AND ANOTHER[SUPREME COURT OF INDIA] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Investigation — Stay of Investigation — High Court's jurisdiction — The High Court must be mindful and follow the standards set by the Supreme Court (referencing Niharika Infrastructure Private Limited v. State of Maharashtra) when granting a blanket stay of investigation — Granting interim relief which amounts to a stay of the investigation without recording reasons, particularly when an earlier detailed interim order regulating the investigation was in pl
India Law Library Docid # 2437398

(348) JYOTSNA KANOONGO Vs. SHAILENDRA KANOONGO[SUPREME COURT OF INDIA] 15-12-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside ex-parte decree — Service of Summons — Requirement of proper service — Trial court passing ex-parte divorce decree based on returned unserved postal cover — Husband subsequently obtaining decree continuing relations with wife for 10 years without informing her — Wife filing application under Order 9 Rule 13 CPC upon receiving
India Law Library Docid # 2437498

(349) ADANI POWER LIMITED Vs. PANCHANAND GUPTA AND OTHERS[CHHATTISGARH HIGH COURT] 15-12-2025
Land Acquisition Act, 1894 — Section 5A — Scope of Objections — A landowner's objection under Section 5A(1) must pertain to the acquisition of land itself (e.g., public purpose, necessity, or suitability) — Objections confined solely to the quantum of compensation, demand for employment, rehabilitation benefits, or environmental safeguards fall outside the statutory ambit of Section 5A, even if styled as such, and do
India Law Library Docid # 2437528

(350) SMT. MONIKA BARETH AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeal against conviction — Penal Code, 1860 (IPC) — Section 302/34 and 201/34 — Murder and causing disappearance of evidence — Conviction based solely on circumstantial evidence heavily relying on testimony of a child witness and recovery based on memorandum statements — Standard of proof — Prosecution must prove case beyond reasonable doubt.
India Law Library Docid # 2437529

(351) SHYAMLAL VISHNOI AND OTHER Vs. ICICI HOME FINANCE[RAJASTHAN HIGH COURT] 15-12-2025
Civil Procedure Code, 1908 (CPC) — Order 37 (Summary Procedure) — Order 37 Rule 4 (Power to set aside decree) — Ex parte decree — Setting aside decree passed under summary procedure — Requirements — Rule 4 mandates that an ex parte decree can be set aside only under "special circumstances" — Aim of summary procedure is expeditious adjudication of recovery disputes — Where appellants failed
India Law Library Docid # 2437563

(352) MAHENDRAKUMAR NARANBHAI JADHAV Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 329 — Procedure in case of person of unsound mind tried before Court — Mandate — Where it appears to the trial court that the accused is of unsound mind and consequently incapable of making his defence, the court is mandatorily required to try the fact of such unsoundness and incapacity in the first instance, consider medical and other evidence, record a finding to that effect, and
India Law Library Docid # 2437814

(353) SHRI SANJAY HARSHADBHAI RATHOD AND OTHERS Vs. GUJARAT INDUSTRIAL INVESTMENT CORPORATION LIMITED[GUJARAT HIGH COURT] 15-12-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Ex parte Decree — Application seeking condonation of a delay of 941 days in filing a First Appeal against an ex parte decree — Grounds for Condonation — Claim of lack of knowledge of the decree until execution proceedings, despite public summons being issued previously due to "insufficient address" on service attempts — Held, the explanation for the huge delay was
India Law Library Docid # 2437815

(354) AKSHYA KUMAR ALIAS ANKUSH Vs. STATE OF HP[HIMACHAL PRADESH HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 397 (Revisional Jurisdiction) — Scope of Interference — Concurrent Findings of Fact — The revisional court is not an appellate court and its jurisdiction is narrow, primarily to correct patent defects, errors of jurisdiction, or errors of law — Where concurrent findings of fact regarding conviction are based on a detailed appreciation of evidence by the trial court and the appellate court, the revisional court should not re-appreciate the
India Law Library Docid # 2437996

(355) SAMEEL DEEN Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 237 — Penal Code, 1860 (IPC) — Sections 307 and 326 — Conviction for lesser offence (Section 326 IPC) when charged with gravest offence (Section 307 IPC) — Where the facts proved in evidence indicate the commission of a different, lesser offence for which the accused might have been charged (e.g., Section 326 IPC instead of Section 307 IPC),
India Law Library Docid # 2437997

(356) DHARMENDER Vs. PREM CHAND AND OTHERS[HIMACHAL PRADESH HIGH COURT] 15-12-2025
Himachal Pradesh Urban Rent Control Act, 1987 — Section 14(2)(i), Third Proviso — Eviction for non-payment of rent — Statutory right to avoid eviction — Tenant must pay the amount of rent due within 30 days from the date of the Rent Controller's eviction order — Subsequent payment of arrears made after 30 days, even if made pursuant to an interim direction by a higher court (Appellate Authority/High
India Law Library Docid # 2437987

(357) ROCKY ABHRAHAM Vs. UNION OF INDIA AND OTHERS[SUPREME COURT OF INDIA] 13-12-2025
Constitution of India, 1950 — Article 32, 136, 142 — Quashing of FIR and proceedings — Wildlife (Protection) Act, 1972 — Sections 39, 49, 51 — NRI passenger arrested at airport for alleged possession of deer horn — Subsequent forensic report confirming the recovered item was a Reindeer horn (Rangifer Tarandus), which is not a protected or prohibited animal under the Act's schedules — Held, continued prosecution
India Law Library Docid # 2437479

(358) THE DIRECTOR OF TOWN PANCHAYAT AND OTHERS Vs. M. JAYABAL AND ANOTHER ETC.[SUPREME COURT OF INDIA] 12-12-2025
Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against
India Law Library Docid # 2436750

(359) SITHARA N.S. AND OTHERS Vs. SAI RAM GENERAL INSURANCE COMPANY LIMITED[SUPREME COURT OF INDIA] 12-12-2025
Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of
India Law Library Docid # 2436751

(360) MOKSH LATA Vs. MANOHAR LAL SOOD THR LRS AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 12-12-2025
Indian Partnership Act, 1932 — Dissolution of Partnership at Will (Section 43) — Notice of Dissolution vs. Notice of Retirement (Section 32) — Where a partnership is "at will," a notice served by one partner stating he is "not willing to continue the partnership business" and demanding immediate settlement of accounts and share in firm properties constitutes an unmistakable intention to dissolve the firm under Section 43, not merely to retire under Section 32; The firm stands dissolved from the
India Law Library Docid # 2437069

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