(381) KHUSHAL CHAND AND OTHERS Vs. KANCHNA DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 12-12-2025 Civil Procedure Code, 1908 — Section 100 — Scope of Second Appeal — Interference with findings of fact — High Court cannot ordinarily interfere with findings of fact arrived at by the First Appellate Court, the final court of facts, unless such findings are erroneous, contrary to mandatory provisions of law, settled legal position, based on inadmissible evidence, or arrived at without evidence — Re India Law Library Docid # 2437988
(382) RAGHUBIR SINGH (DECEASED) THROUGH LRS SATNAM KAUR AND OTHERS Vs. KANAURA RAM AND OTHERS[HIMACHAL PRADESH HIGH COURT] 12-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of interference — Concurrent findings of fact — High Court cannot re-appreciate evidence to substitute its own view for a plausible finding of fact arrived at by the first appellate court — Interference in Second Appeal is restricted to cases involving a substantial question of law, or where findings are perverse, based on no evidence, or India Law Library Docid # 2437989
(383) SHRI PUNDLIK DAGU HOLGADE AND OTHERS Vs. SHRI PANDURANG KASHINATH HIRE (SINCE DECEASED THROUGH LEGAL HEIRS) AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Sale with Condition to Repurchase — Determination of Nature of Transaction — The intention of the parties is the determining factor, primarily gathered from the recitals and language of the document itself — If the language of the document is plain and unambiguous, it must be given its true legal effect based on the nature of the India Law Library Docid # 2436976
(384) M/S. AFSANA ENTERPRISES THROUGH PROPRIETOR MR. JAFFER MOHD. SAMI KHAN AND OTHERS Vs. THE ASSISTANT MUNICIPAL COMMISSIONER AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Bombay Municipal Corporation Act, 1888 — Section 351 — Unauthorized construction — Challenge to notice and speaking order confirming unauthorized nature of commercial structures — Duty to prove existence prior to datum line (01.01.1961) — Appellants, claiming occupancy as tenants, relied on stray, vague, and insufficient documents (rent receipts from 1990s/2000s, and recent electricity India Law Library Docid # 2436977
(385) SATISH KUMAR Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 11-12-2025 Land Acquisition Act, 1894 — Sections 18 and 19 — Omission of land details in Objection Petition — Correction of Objections — Application under Sections 151-153 CPC for correction of inadvertently omitted Killa numbers in Section 18 objection petition, filed after Reference Court and First Appeal proceedings, must be allowed — Section 18 does not mandate landowner to provide specific land details, India Law Library Docid # 2436946
(386) M/S R.C. SOOD & COMPANY LTD. Vs. INDRA SETHI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 11-12-2025 Civil Procedure Code, 1908 (CPC) — Order 2 Rule 2 — Bar to subsequent suit for specific performance — Distinction between suit for Permanent Injunction and Specific Performance — Earlier suit for declaration/injunction filed in 1985 based on apprehension of alienation (distinct cause of action) — Earlier Courts upheld that claiming specific performance in 1985 would be premature due to statutory India Law Library Docid # 2436947
(387) KRISHNA MANDADI Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 11-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of First Information Report (FIR) and consequential proceedings — Offence under Indian Penal Code (IPC), 1860, Section 304-A (Causing death by negligence) — Allegation against Managing Director and Engineer of a construction company after a child drowned in a pothole at the construction site — Absence of prima facie case — Principles governing quashing of FIRs enunciated in State of Haryana vs. India Law Library Docid # 2437113
(388) MITARAM Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 11-12-2025 Penal Code, 1860 (IPC) — Section 302 — Conviction challenged — Homicidal death established through medical evidence (Postmortem report, medical officer testimony) — Cause of death: Hemorrhagic shock due to severe head injury caused by "axe" (sharp and heavy object) — Eyewitness testimony: PW4 (mother of deceased) testified that the accused (father) assaulted the deceased (son) on the head with an axe following a quarrel over money demand — Corroboration: Circumstantial evidence, including seizu India Law Library Docid # 2437114
(389) ABDUL RAHMAN ABDUL RAZZAQUE AND OTHERS Vs. CHOTI MASJID TRUST[BOMBAY HIGH COURT (AURANGABAD BENCH)] 11-12-2025 Waqf Act, 1995 — Section 69 — Waqf Scheme — Interpretation and Clarification of ambiguous clauses (8 C and 8 D) for conducting elections — Need for Standard Operational Procedure (SOP) pending Scheme modification — Where the existing scheme framed by the Joint Charity Commissioner is ambiguous regarding the electoral process (specifically clauses 8 C and 8 D), the High Court may provide clarification to ensure free and transparent elections until the Waqf Board modifies the Scheme, despite India Law Library Docid # 2437120
(390) MS XAMI DHA TIRAKITA KAYE Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 11-12-2025 Citizenship Act, 1955 — Section 3(1)(c)(ii) — Citizenship by birth — Requirement that one parent is a citizen of India and the other parent is not an “illegal migrant” at the time of birth — Petitioner (child) born in India on 24.01.2018; mother is an Indian citizen, father is a British National — Dispute whether the father was an “illegal migrant” on the date of birth — Father was convicted for overstaying previously but was granted permission by the Ministry of External Affairs/FRRO to stay in India Law Library Docid # 2437180
(391) UNION OF INDIA AND ANOTHER Vs. SMTI KRISHNA DEVI @ SABITRI DEVI[GAUHATI HIGH COURT] 11-12-2025 Arbitration Act, 1940 — Section 30 (Setting aside award) — Limitation — Application to set aside an award must be filed within 30 days from the date of service of notice of the filing of the award (Article 158 of Limitation Act, now Article 119(b) of Limitation Act, 1963) — An application under Section 30 filed beyond the period of limitation India Law Library Docid # 2437276
(392) LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER Vs. VITA[SUPREME COURT OF INDIA] 11-12-2025 Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from 'Public Premises' defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are India Law Library Docid # 2436681
(393) PRADEEP ARORA AND OTHERS Vs. DIRECTOR, HEALTH DEPARTMENT, GOVT. OF MAHARASHTRA AND OTHERS[SUPREME COURT OF INDIA] 11-12-2025 Epidemic Diseases Act, 1897 — Prevention and Containment of Coronavirus Disease 2019 (COVID-19) Regulations, 2020 (Maharashtra) — Pradhan Mantri Garib Kalyan Yojana (PMGKY) Package: Insurance Scheme for Health Workers Fighting COVID-19 — Insurance Claim — Eligibility — Requisition of Services — Private medical practitioners — Interpretation of "requisition" in the context of pandemic India Law Library Docid # 2436682
(394) JOTHI @ NAGAJOTHI Vs. THE STATE, REP. BY THE INSPECTOR OF POLICE[SUPREME COURT OF INDIA] 11-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the India Law Library Docid # 2436683
(395) CENTRAL BUREAU OF INVESTIGATION Vs. DAYAMOY MAHATO ETC.[SUPREME COURT OF INDA] 11-12-2025 Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly India Law Library Docid # 2436684
(396) ILLIYAS MANGROO SHAIKH Vs. BOMBAY ELECTRICITY SUPPLY AND TRANSPORT UNDERTAKING AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Electricity Act, 2003 — Sections 127(2), 127(6) and 62(6) — Interest on Statutory Pre-deposit — Unauthorised use of electricity — Appeal against assessment — Requirement to deposit 50% of assessed amount (pre-deposit) — Assessment set aside in appeal — Consumer's right to interest on the pre-deposit amount — Section 127(2) mandatory deposit is a pre-condition for appeal, not a voluntary payment or India Law Library Docid # 2436975
(397) KAPIL WADHAWAN Vs. CENTRAL BUREAU OF INVESTIGATION[SUPREME COURT OF INDIA] 11-12-2025 Criminal Procedure – Bail Jurisprudence – Fundamental Principles for Grant of Bail – "Bail is the rule and jail is an exception" entrenched in criminal jurisprudence and constitutional guarantee of personal liberty under Article 21 of the Constitution of India – Presumption of innocence mandates that pre-trial incarceration should not degenerate into punishment – Courts must intervene when prolonged custody becomes disproportionate, arbitrary, or excessive. India Law Library Docid # 2437400
(398) ASHISH KUMAR PANDEY Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 20(b)(ii)(C) — Conviction and Sentencing — Appeal against conviction — Link Evidence — Failure of prosecution to establish integrity of seized material and sample collection process — Contradictions regarding preparation time of three critical panchnamas (Taul Panchnama Ex.P-11, Samras Panchnama Ex.P-13, and Sample India Law Library Docid # 2437533
(399) BHANWAR SINGH Vs. RAMESH KUMAR SABU AND OTHER[RAJASTHAN HIGH COURT] 11-12-2025 Motor Vehicles Act, 1988 — Section 163-A — Claim for compensation on structured formula basis — Nature of liability — Section 163-A establishes a "No Fault Liability" regime, intended as a speedy and effective social security scheme, overriding other provisions of the Act — Claimants are not required to plead or prove any wrongful act, neglect, or default (negligence) of the vehicle owner or driver for compensation. India Law Library Docid # 2437562
(400) KAILASH RAM Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 11-12-2025 Criminal Procedure — Quashing of First Information Report (FIR) — Scope of inherent powers of High Court (Section 528 of Bharatiya Nyayik Suraksha Sanhita, 2023, corresponding to Section 482 of Cr.P.C.) — Inherent power to quash an FIR must be exercised sparingly, only when no offence is disclosed, the report is filed with malice, or the proceeding amounts to an abuse of the criminal process — Where the police have concluded the investigation and filed a closure report (FR) before the competent India Law Library Docid # 2437776