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(641) SARANYA Vs. TAMILSELVI AND OTHERS[MADRAS HIGH COURT] 28-11-2025
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) — Impleading necessary parties — Order VI Rule 17 — Amendment of pleadings—Suit for Partition—Adding property and party (proposed defendant) who claims title to the added property based on settlement deeds, litigation concerning which is sub judice (Second Appeal pending)—Trial Court allowed applications to include the property and the party—Revisional Court
India Law Library Docid # 2436642

(642) P. JANAKI AND OTHERS Vs. REGIONAL TRANSPORT AUTHORITY, TIRUVANNAMALAI AND OTHERS[MADRAS HIGH COURT] 28-11-2025
Motor Vehicles Act, 1988 — Section 82(2), 82(3) — Tamil Nadu Motor Vehicles Rules, 1989 — Rule 214 — Transfer of Stage Carriage Permit on Death of Permit Holder — Competing claims between deceased permit holder's son and grandson (claiming under a Will) — Requirement of "No Objection Certificate" (Rule 214) from all legal heirs — Where inter-se rivalry exists, and civil suits (for partition and challenging the
India Law Library Docid # 2436643

(643) T. IMANJALI Vs. SILGA VAJRAMMA AND OTHERS[MADRAS HIGH COURT] 28-11-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Addition of relief of recovery of possession — Suit initially for declaration and permanent injunction — Petitioner sought to amend the plaint to include prayers for declaration of title and recovery of vacant possession after claiming trespass by the third defendant — Amendment sought prior to trial (pre-suit amendment) and does not change the essential character of the suit or the cause of action — Amendment for a
India Law Library Docid # 2436644

(644) VASANTHI SURESH AND OTHERS Vs. JAYACHITRA SAHAYA JOSEPHINE AND OTHERS[MADRAS HIGH COURT] 28-11-2025
Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Challenge to Arbitral Award — Scope of Appellate Court (Section 37) and Setting Aside Court (Section 34) — Findings of Fact — An Appellate Court exercising power under Section 37 or a Court deciding petition under Section 34 should not substitute its view by re-appreciating evidence unless there is perversity, patent illegality, or violation of public policy —
India Law Library Docid # 2436645

(645) L/NK/DRIVER PURSHOTAM DUTT Vs. UNION OF INDIA AND OTHERS[UTTARAKHAND HIGH COURT] 28-11-2025
Service Law — Disciplinary Proceedings — Proof of Misconduct — Dismissal from Service — Allegation of driving government vehicle under influence of liquor causing accident — Absence of medical evidence (blood/urine test, breathalyzer, or medical note) to prove intoxication renders the finding of a grave charge wholly unsustainable — Mere oral assertions or suspicion cannot substitute direct medical or scientific evidence required to sustain the gravest civil consequence of dismissal from
India Law Library Docid # 2436515

(646) NARESH CHANDRA JOSHI Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 28-11-2025
Service Law — Regularization — Uttarakhand Daily Wager, Work Charged, Contract, Consolidated Salary, Part Time and Ad-hoc Appointees Regularization of Services Rules, 2013 — Eligibility — Petitioner, appointed as Physical Training Instructor (PTI) in 2006 on contract basis under a Trust, continued service after the Trust was provincialized in 2010 on "as is where is" basis, accumulating over 19
India Law Library Docid # 2436516

(647) IFFCO TOKIO GENERAL INSURANCE CO. LTD Vs. SMT. KIRAN KOHLI AND OTHERS[UTTARAKHAND HIGH COURT] 28-11-2025
Employees’ Compensation Act, 1923 — Section 30 — Appeal — Scope of Appellate Jurisdiction — An appeal under Section 30 of the Act is restricted to cases involving a substantial question of law — High Court cannot re-appreciate evidence or interfere with concurrent findings of fact recorded by the Commissioner unless such findings are perverse or based on no evidence — Findings based on proper
India Law Library Docid # 2436517

(648) ANUJ SINGHAL Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 28-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings/Charge-sheet/Summoning Order — Scope of inherent powers — The power under Section 482 Cr.P.C. should be exercised sparingly, with great caution, and only where the complaint/charge-sheet does not disclose any offense, is manifestly mala fide, or continuation would amount to abuse of process of the Court
India Law Library Docid # 2436518

(649) STATE TRADING CORPORATION OF INDIA LTD. Vs. RAVINDER SINGH INDERSINGH SEHGAL AND OTHERS[BOMBAY HIGH COURT] 28-11-2025
Transfer of Property Act, 1882 — Lease Deed — Interpretation of Clauses — Mesne Profits vis-à-vis Contractual Compensation/Penalty — Clause in lease deed stipulating payment of Rs. 12/- per sq. ft. per month (p.sq.ft.p.m.) for unauthorized use after 20 years, "without prejudice to his other rights and remedies, and charges, damages and/or compensation from the Lessee" — This "without prejudice" clause
India Law Library Docid # 2436992

(650) NAINESH SANGHVI AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 28-11-2025
Maharashtra Cooperative Societies Act, 1960 — Section 88 — Enquiry by Authorized Officer — Substitution of Authorized Officer — Legality of Report — Doctrine of Functus Officio — Once an Authorized Officer (Respondent No. 6) is replaced by the Registrar, his authority ceases (functus officio) to act or submit a report under Section 88, even if the proceedings were closed for reporting and the
India Law Library Docid # 2436993

(651) MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD Vs. SUPREME METAL INDUSTRIES AND OTHERS[BOMBAY HIGH COURT] 28-11-2025
Electricity Act, 2003 — Sections 2(15), 126, 127 — Consumer Status — Unauthorized Use of Electricity — Appellate Authority’s Jurisdiction — The definition of "consumer" in Section 2(15) requires either the electricity connection to stand in the person’s name, or authorization from the licensee to use the connection for the person's own use — A mere lessee or occupant (Respondent No. 2) who failed to apply for change of name, disclose his occupation/activity (under Regulations 10
India Law Library Docid # 2436994

(652) AMOL SUBASHRAO DESHPANDE Vs. SURESH INDAL CHAVAN[BOMBAY HIGH COURT (NAGPUR BENCH)] 28-11-2025
Civil Procedure Code, 1908 (CPC) — Order 21 Rule 10 — Execution of Decree for Possession — Requirement to file execution proceedings — A decree holder, even with a decree for possession and in the absence of a stay order, is not entitled to unilaterally take possession of the suit property, even with police aid — CPC mandates that a decree holder must apply to the Court which passed the decree (or the executing court) by filing
India Law Library Docid # 2437001

(653) SURESH Vs. RANJANA ASHOK POLKAR[BOMBAY HIGH COURT (NAGPUR BENCH)] 28-11-2025
Protection of Women from Domestic Violence Act, 2005 (DV Act) — Sections 2(a), 2(f), 12, 18, 19, 20, 22, 23 — Maintainability of Application — "Domestic Relationship in the nature of marriage" — Quashing of Proceedings — The respondent filed an application under the DV Act, claiming domestic relationship with the petitioner (alleged husband) based on marriage and an agreement to live as spouses — Petitioner challenged maintainability citing lack of legal marriage, domestic relationship, or relat
India Law Library Docid # 2437107

(654) JIGNESH MEVANI @ JIGNESH N. MEVANI Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 28-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent power of High Court — Quashing of charge — Framing of charge — Principles — At the stage of framing charge, the court must determine if a prima facie case exists based on materials on record, without meticulous appreciation of evidence or conducting a mini-trial — Grave suspicion based on legally sustainable materials is required; mere suspicion, conjecture, or vague allegation is insufficient — High Court may exercise its inherent po
India Law Library Docid # 2437278

(655) MD. TAHER ALI @ TAHER ALI AND OTHERS Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 28-11-2025
Penal Code, 1860 (IPC) — Sections 302/34 and 304B/34 — Dowry Death and Murder — Conviction — Appellate Review — Ingredients of Section 304B IPC satisfied: death occurred due to burns within one year of marriage (unnatural circumstances), and deceased was subjected to cruelty/harassment for dowry soon before death — Death by burning within the matrimonial home places the burden on appellants (husband, father-in-law, mother-in-law) to explain the cause of death under
India Law Library Docid # 2437279

(656) ABUL HUSSAIN AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 28-11-2025
Constitution of India, 1950 — Articles 25 and 26 — Freedom of Religion — Religious Denominations — Management of Religious Institutions — Right to manage own affairs — Article 26(b) grants religious denominations complete autonomy over essential rites and ceremonies — Article 26(d) guarantees the right to administer property in accordance with law, subject to secular restrictions/regulations — State intervention in financial or secular activities associated with religious practice is permissible
India Law Library Docid # 2437280

(657) SRI JIBAN CHANDRA MODAK Vs. SRI JAYRAJ DAS AND OTHERS[GAUHATI HIGH COURT] 28-11-2025
Civil Procedure Code, 1908 (CPC) — Section 100, Order XLII — Second Appeal — Substantial Question of Law — Misreading or Misconstruing of Exhibit -3 (Jamabandi) leading to incorrect finding of fact on Issue No. 5 and perversity of judgment — Concurrent findings of fact by Trial Court and First Appellate Court challenged — Scope of interference in Second Appeal — Where both lower courts meticulously scrutinize documentary and oral evidence, including title deeds and
India Law Library Docid # 2437281

(658) HARPAT (DECEASED THROUGH LRS) Vs. BOOTA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-11-2025
Punjab Security of Land Tenure Rules, 1956 — Rule 6(6) — Surplus Area Declaration — Mandatory Notice to Tenants — The law mandates that notice must be served upon tenants in cultivating possession before land can be declared surplus by the Collector — An order declaring land surplus without issuing mandatory notice to the recorded tenants in possession is void ab initio (a nullity) and wholly without jurisdiction — Such a void order cannot divest the tenants of their rights.
India Law Library Docid # 2436919

(659) KANWAR MANJIT SINGH Vs. CHARANDEEP SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-11-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Revision against conviction and sentence — Petitioner convicted by Trial Court (JMIC) and Appellate Court for dishonour of cheque of Rs. 1,00,000/- and sentenced to one year rigorous imprisonment plus fine — Petitioner confines prayer to modification of sentence, accepting conviction on merits — Repayment of Cheque Amount: Petitioner
India Law Library Docid # 2436920

(660) MOTOR AND GENERAL FINANCE LIMITED Vs. DIRECTOR GENERAL AND ANOTHER[DELHI HIGH COURT] 28-11-2025
Employees’ State Insurance Act, 1948 (ESI Act) — Section 82(2) — Appeal to High Court — Scope — An appeal under Section 82(2) is confined strictly to substantial questions of law — Findings of fact recorded by the Employees Insurance Court (EIC) regarding the nature of the establishment, wage records, admissibility of documents, and credibility of witnesses are outside the scope of interference unless
India Law Library Docid # 2435948

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