ive
(121) HARJIT SINGH AND OTHERS Vs. SARDAR RAWEL SINGH DEAD THR LRS AND OTHERS[DELHI HIGH COURT] 23-12-2025 Civil Procedure Code, 1908 (CPC) — Dismissal of Suit Without Trial — Concealment of Material Facts and Violation of Undertaking — Propriety — Dismissal of a partition suit solely on grounds of Plaintiffs' alleged concealment of material facts (execution of side agreements concerning suit property) and violation of a previous undertaking, without permitting parties to lead evidence and adjudicate substantive claims on merits (title, ownership, share extent) is premature, disproportionate, and leg India Law Library Docid # 2437266
(122) PROFESSIONAL INSTITUTE OF ENGINEERING AND TECHNOLOGY AND OTHERS Vs. MURTAZA AND OTHERS[CHHATTISGARH HIGH COURT] 23-12-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Challenge to Trial Court's Decree — Recovery Suit for Sale Price — Failure to Prove Jural Relationship or Supply of Goods — The appellant (defendant institute) challenged the decree passed by the trial court in a civil suit for recovery of Rs. 1,85,977/- for supply of paint and other goods; the High Court found that the plaintiff (respondent No. 1) failed to India Law Library Docid # 2437416
(123) AYODHYA SINGH Vs. HEERAMANI (DIED) THROUGH LRS. AND OTHERS[CHHATTISGARH HIGH COURT] 23-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Specific Relief Act, 1963 — Section 34 — Second Appeal — Scope of Relief — Granting Relief Beyond Pleadings and Prayer — Suit for Declaration and Possession — Where plaintiff sought declaration of title and possession only over a small constructed house (45x15 sq. ft.) within a larger area (18 dismil), but the First Appellate Court granted a decree declaring title over the entire 18 dismil of land — Held that granting relief not prayed for in the India Law Library Docid # 2437417
(124) STATE OF GUJARAT Vs. TUKNA BUDHIYA DAS[GUJARAT HIGH COURT] 23-12-2025 Criminal Law — Murder and Rape — Circumstantial Evidence — Conviction based on circumstantial evidence requires chain of circumstances to be firmly established, unerringly pointing to the guilt of the accused, and incapable of explanation on any other hypothesis other than guilt (Jaharlal Das v. State of Orissa cited) — Suspicion, however strong, cannot take the place of legal proof. India Law Library Docid # 2437664
(125) ASHOKBHAI DESAIBHAI PATEL Vs. THE SPECIAL SECRETARY (APPEALS) AND OTHERS[GUJARAT HIGH COURT] 23-12-2025 Bombay Land Revenue Code, 1879 — Section 135B — Mutation Entries — Nature and Scope — Mutation entries in revenue records are primarily for fiscal purposes (collection of taxes and revenue) and do not establish, extinguish, or confer legal title or civil rights over property — Title disputes regarding ownership, inheritance, or partition must be resolved exclusively by a competent Civil Court, not by revenue authorities. India Law Library Docid # 2437665
(126) UNION OF INDIA Vs. GAJANAN RAMBHAU PATIL[GUJARAT HIGH COURT] 23-12-2025 Railway Claims Tribunal Act, 1987 — Section 23 — Appeal against judgment and award of compensation under Railway Claims Tribunal Act, 1987 — Challenge to compensation awarded for injuries sustained by a passenger due to fall from a running train — Tribunal's finding that the incident was an 'untoward incident' under Section 123(c)(2) and did not fall under the exceptions in Section 124-A upheld — Liberal interpretation of beneficial legislation followed. India Law Library Docid # 2437666
(127) PATEL VINODRAY LALJI BUTANI Vs. UJIBEN LAVJI-DECD. AND OTHERS[GUJARAT HIGH COURT] 23-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — A Second Appeal is only maintainable if it involves a substantial question of law — A substantial question of law must be debatable, not previously settled by law or binding precedent, and must have a material bearing on the decision of the case concerning the rights of the parties — Mere application of decided law or appreciation of India Law Library Docid # 2437667
(128) MAGANBHAI MAVJIBHAI PATEL Vs. TALSHIBHAI LAXMANBHAI VIRADIYA AND OTHERS[GUJARAT HIGH COURT] 23-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Maintainability — "Decree" vs. "Order" — An order passed by the District Judge permitting the unconditional withdrawal of a Miscellaneous Civil Application filed under Section 5 of the Limitation Act for condonation of delay in preferring a Regular Civil Appeal is an 'Order' within the meaning of Section 2(14) of CPC, and not a 'Decree' as India Law Library Docid # 2437668
(129) RAMESHBHAI BHIMABHAI KACHIYA PATEL EXPIRED AND ANOTHER Vs. DIPNESH UDESINH MUJPURA AND OTHERS[GUJARAT HIGH COURT] 23-12-2025 Motor Vehicles Act, 1988 — Section 140 (No Fault Liability) — Interim Compensation — Scope of inquiry — The Tribunal's inquiry while deciding an application for interim compensation under Section 140 is limited to three aspects: (I) Accident arising out of the use of a motor vehicle; (II) Accident resulting in permanent disablement or death; and (III) Claim made against the owner and insurer of the involved India Law Library Docid # 2437669
(130) STATE OF GUJARAT Vs. CHANABHAI DAYABHAI AND OTHERS[GUJARAT HIGH COURT] 23-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Liability of State for Death Caused by Wild Animal — Tortious Liability — Compensation claimed under Law of Torts for death caused by a leopard attacking deceased while grazing cattle in forest area — Trial Court and Appellate Court found negligence by State (Defendants) and awarded compensation — Substantial Question of Law framed regarding State's liability under statute, common law of Torts, or strict/absolute liability — Held, India Law Library Docid # 2437670
(131) STATE (GNCT OF DELHI) Vs. RAKESH SEHRAWAT AND OTHERS[DELHI HIGH COURT] 22-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378(4) and 378(1) — Leave to Appeal/Appeal against Acquittal — Scope of Appellate Court Intervention — Acquittal based on doubt regarding accused identity and inconsistencies in prosecution case — When Trial Court correctly appreciates discrepancies (such as non-examination of material witnesses like PCR officials, delayed FIR, non-awareness of assailants' identity by Complainant and PW, contradictory stands on arrest memos/paperwork, and suspicious India Law Library Docid # 2437258
(132) VIJAY VERMA Vs. INDIRA WARMAN AND OTHERS[DELHI HIGH COURT] 22-12-2025 Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10(2) — Discretionary Power of Court to Transpose Parties — Scope and Amplitude — Order 1 Rule 10(2) confers wide discretionary power on the Court to add, strike out, or transpose parties at any stage of the proceedings, either suo motu or upon application, when necessary for the "effective and complete adjudication" of all questions involved in the suit — This power is the primary source India Law Library Docid # 2437259
(133) HARISH MITTAL Vs. KISHAN GOPAL RATHI[DELHI HIGH COURT] 22-12-2025 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 (Setting aside ex parte decree) — Order V Rule 20 (Substituted service) — Service of Summons — Incorrect addresses in Suit Plaint — An ex parte decree may be set aside where the appellant/defendant provides a plausible and sufficient explanation for non-appearance, particularly when the addresses provided by the plaintiff in the suit plaint for effecting service were incorrect or fictitious, leading to India Law Library Docid # 2437260
(134) BANMALI KUMAR (DIED) THROUGH LRS. AND OTHERS Vs. VASUDEO AND OTHERS[CHHATTISGARH HIGH COURT] 22-12-2025 Chhattisgarh Land Revenue Code, 1959 — Section 57(2), Section 257(f) — Jurisdiction of Civil Court — Exclusion of Civil Court Jurisdiction — Challenge to Revenue Authority Orders — Suit for declaration that orders of Board of Revenue (under Section 57(2) proceedings) are null and void — Exclusion of Civil Court jurisdiction under Section 257(f) is not absolute — Civil Court's jurisdiction is not excluded where statutory tribunal has not acted in conformity with fundamental principles of judicial India Law Library Docid # 2437418
(135) STATE OF GUJARAT Vs. HIMATLAL NATHULAL BHRAHMAN (BAVADFAD) AND OTHERS[GUJARAT HIGH COURT] 22-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of Appellate Court interference — Penal Code, 1860 (IPC) — Sections 306 (Abetment of suicide) and 498-A (Cruelty by husband or relatives) — Where the Trial Court's finding of acquittal is reasonable and plausible, and not perverse, the Appellate Court should not disturb the acquittal order, even if a different view might have been India Law Library Docid # 2437671
(136) STATE OF GUJARAT Vs. ZANZIBEN RAJUBHAI BANDHIYA[GUJARAT HIGH COURT] 22-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of Appellate Court’s power — Acquittal judgment by trial court for offence under Section 135 of Indian Electricity Act, 2003 (The Act) — Appellate court must give proper weight to the view of the trial court, the presumption of innocence, and the right of the accused to the benefit of any reasonable doubt — Interference is warranted only if the India Law Library Docid # 2437745
(137) STATE OF GUJARAT Vs. KARSANBHAI LAGDHIRBHAI RABARI AND ANOTHER[GUJARAT HIGH COURT] 22-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 17(c), 29, 42(2), 50(6) — Appeal against acquittal — Illegal possession of opium — Compliance with mandatory provisions for search and seizure — Failure to comply with Section 42(2) and Section 50(6) of the NDPS Act — Prosecution failed to prove that the mandatory intimation to the immediate official superior was properly sent, as neither the India Law Library Docid # 2437746
(138) SHIVSINH GANPATSINH SOLANKI Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 22-12-2025 Criminal Procedure Code (CrPC), 1973 — Section 372 Proviso; Section 378(4) — Negotiable Instruments Act, 1881 (NI Act) — Section 138 — Appeal against Acquittal — Right of Complainant/Victim — The Complainant in a proceeding under Section 138 of the NI Act is considered a "Victim" under Section 2(wa) of the CrPC, as established by the Supreme Court in Celestium Financial v. A. Gnanasekaran (2025 INSC 804). India Law Library Docid # 2437747
(139) LR OF BALVANTBHAI NATVARLAL PATEL AND OTHERS Vs. ARUNABEN NATVARLAL PATEL AND OTHERS[GUJARAT HIGH COURT] 22-12-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Ex parte Decree — Setting aside of — Suit for Partition — Conduct of Appellant/Defendant — Failure to cross-examine plaintiff and lead evidence despite knowledge and opportunity — When suit instituted in 1994, preliminary decree passed in 2019, and final decree in 2024 — Party served with examination-in-chief, represented by counsel, and participated till a India Law Library Docid # 2437748
(140) ASHIMA SOOD Vs. TARUN JAIN[GUJARAT HIGH COURT] 22-12-2025 Hindu Marriage Act, 1955 — Sections 13(1)(ia) and 13B — Dissolution of Marriage — Conversion of Contested Divorce to Mutual Consent Divorce in Appeal — Parties, whose marriage was dissolved by an ex-parte decree under Section 13(1)(ia) on grounds of cruelty/breakdown, reached a Permanent Settlement Agreement & Memorandum of Understanding during the appeal — Agreement provided for dissolution of marriage by India Law Library Docid # 2437749