(281) MD. ABUL KALAM AND OTHERS Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 10-12-2025 Penal Code, 1860 (IPC) — Sections 302/34, 324/34, 325/34 — Murder and Voluntarily causing hurt — Appeal against conviction — Conviction by Additional Sessions Judge under Sections 302/34, 324/34, and 325/34 IPC affirmed — Incident stemmed from a dispute over cattle damaging cultivation and subsequent altercation/premeditated assault — Deceased, a 13-year-old boy, died from a head injury caused by blunt force (lathi) — Injured witnesses India Law Library Docid # 2437324
(282) HARI SINGH AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 10-12-2025 Penal Code, 1860 (IPC) — Section 306 read with Section 107 — Essential Ingredients of Abetment — To sustain conviction under Section 306 IPC, prosecution must prove (i) commission of suicide and (ii) abetment by the accused through instigation, intentional aiding, or active participation with the requisite clear mens rea to provoke the act — Abetment requires an active and direct act or continuous conduct proximate to the time of suicide, leaving the deceased with no other option India Law Library Docid # 2437459
(283) AMRIT LAL KERKETTA AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 10-12-2025 Penal Code, 1860, Sections 376(1), 420, 376(1)/109 — Conviction set aside due to unreliable prosecutrix testimony and lack of corroborating evidence — Prosecutrix, a major and educated woman, failed to resist or report the alleged confinement and sexual assault despite multiple opportunities over several days — Initial statement given to police favored the accused, changed only upon arrival of family members/uncle (who had prior enmity allegation with accused) — Medical evidence did not find any India Law Library Docid # 2437461
(284) S. N. DERASHRI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 10-12-2025 Service Law — Pension — Eligibility for Pension — Compulsory Retirement — Judicial Officer — Petitioner, a former Judicial Officer, compulsorily retired on 13.07.2004 (after approximately 6 years of service) — Claim for pension post-retirement and inclusion of previous practice at the Bar (10 years) to meet minimum qualifying service (10 years under Rule 54(2) of Rajasthan Civil Services (Pension) Rules, 1996) — Earlier writ petition seeking same relief dismissed, holding petitioner India Law Library Docid # 2437561
(285) MOHANBHAI KHUMABHAI TALAR AND ANOTHER Vs. HEMABHAI NATHABHAI TALAR (ABATED) AND OTHERS[GUJARAT HIGH COURT] 10-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope — Concurrent findings of fact — The High Court must avoid interfering with concurrent findings of fact arrived at by the courts below unless warranted by compelling reasons, such as perversity, arbitrariness, or violation of legal principles; the scope of Second Appeal is limited and does not permit re-appreciation of evidence, unless the findings are India Law Library Docid # 2437822
(286) GUJARAT STATE CIVIL SUPPLIES CORPORATION LTD. Vs. M/S MAHAKALI FOODS PVT.LTD. ( UNIT 2) AND OTHERS[GUJARAT HIGH COURT] 10-12-2025 Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) — Sections 16, 18 — Recovery of interest on arbitral award — Requirement of Adjudication and Quantification — An Arbitral Award obtained under the MSMED Act, and confirmed by superior courts, was followed by a claim by the award-holder (Respondent No. 1) for outstanding statutory compounded interest, quantified solely by India Law Library Docid # 2437823
(287) MEGH PHARMACEUTICALS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 10-12-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Contract Act, 1872 — Sections 3, 4, 5 — Scope of 'Concluded Contract' in Tender Process — Suit for permanent injunction and declaration against recovery order issued by State for non-supply of tendered goods — Tender conditions mandating successful tenderer to pay Security Deposit and execute a stamped agreement for performance of contract — Failure India Law Library Docid # 2437824
(288) PRASHANT YASHVANTBHAI PANCHAL Vs. MANOJKUMAR VINODCHANDRA SHAH AND OTHERS[GUJARAT HIGH COURT] 10-12-2025 Transfer of Property Act, 1882 — Section 5, 54, 58, 105, 118, 122 — Transfer of Property — Modes of Transfer — Ownership Claim — Mere incurring of expenditure for construction of a portion of immovable property does not confer any right, title, or interest or ownership in the property where the occupant was initially a gratuitous occupier or permissible user — Ownership must be acquired through modes prescribed India Law Library Docid # 2437825
(289) DUDHIBEN BAVABHAI VADALIA AND OTHERS Vs. NATWARLAL MANJIBHAI VADALIA AND OTHERS[GUJARAT HIGH COURT] 10-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — Maintainability of First Appeal against Adverse Findings — A finding in a suit, even if the suit is dismissed, can be construed as a 'decree' under Section 2(2) of the CPC if it conclusively determines or crystallizes the rights of the parties regarding a matter in controversy, even if the issue was arguably unnecessary for the India Law Library Docid # 2437834
(290) SMT. BERTHA CARVALHO (SINCE DECEASED) THROUGH LEGAL HEIRS Vs. SHRI BALDWIN JOSEPH FRANCIS D' SOUZA (SINCE DECEASED) THROUGH LEGAL HEIRS.[BOMBAY HIGH COURT] 09-12-2025 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Eviction — Bona Fide Requirement and Comparative Hardship — Landlord-Tenant Dispute — Subsequent Events — Landlords' bona fide requirement for grown-up son (Yohann) following marriage in 2007, necessitating independent accommodation, was introduced via amendment and subsequent evidence after remand by High Court — India Law Library Docid # 2436979
(291) LOKRANJAN BREWERIES PRIVATE LIMITED & ANR Vs. STATE OF MAHARASHTRA THROUGH THE SECRETARY, STATE .RESPONDENTS EXCISE DEPARTMENT & ANR[BOMBAY HIGH COURT] 09-12-2025 Constitution of India, 1950 — Article 14 — Equality before law — Arbitrary discrimination — State Excise — Licence fees for Country Liquor (CL-1) licence — Challenge to demand for deficit licence fees based on slab-wise differential rate (Rs. 10 per case up to 10 lakh cases, Rs. 7 per case thereafter) — Notification dated January 30, 2016 specified advance payment based on average production of India Law Library Docid # 2436980
(292) JANARDHAN SITARAM SURVE AND OTHER Vs. SUNIL RAMESH UKRULKAR AND OTHER[BOMBAY HIGH COURT] 09-12-2025 Motor Vehicles Act, 1988 — Section 166 — Claim for compensation for death in motor vehicle accident — Essential requirement for claim under Section 166 (based on torts principles) is proof of negligence on the part of the driver of the offending vehicle in the occurrence of the accident — Claimants must prove negligence (wrong) for owner/insurer to be vicariously liable for compensation — Mere involvement of a India Law Library Docid # 2436981
(293) THE LOKMANYA PAN BAZAR ASSOCIATION LTD. Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 09-12-2025 Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) — Applicability — Statutory right to conveyance — Agreements for sale explicitly stating that the transaction is governed by MOFA and its rules — The promoter (petitioner) cannot later resile from the statutory character expressly given to the transaction after deriving benefit, based India Law Library Docid # 2436982
(294) AIRPORT AUTHORITY OF INDIA Vs. LITE BITE FOODS PRIVATE LIMITED[BOMBAY HIGH COURT] 09-12-2025 Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Existence of Arbitration Agreement — Effect of Prior Arbitration and Constructive Res Judicata — Where disputes, including incidental issues like interest payment prior to commencement of arbitration, were covered by an earlier arbitration that culminated in an Arbitral Award, subsequent petition to re-agitate issues relating India Law Library Docid # 2436983
(295) SHRI SHIVNERI SAHAKARI BANK LTD. Vs. RUPEE COOPERATIVE BANK LTD. AND OTHERS[BOMBAY HIGH COURT] 09-12-2025 Constitutional Law — High Courts — Jurisdiction under Article 227 — Supervisory Jurisdiction — Territorial Allocation of Work — The High Court of Bombay has supervisory jurisdiction under Article 227 of the Constitution over all courts and tribunals within the State of Maharashtra (including the Co-operative Court at Kolhapur and the State Co-operative Appellate Court at Pune) — The Court, India Law Library Docid # 2436984
(296) AJAY KUMAR HANDIQUE @ AJAY KR HANDIQUE Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 09-12-2025 Service Law — Departmental Enquiry — Procedure for Imposing Penalties — Assam Services (Discipline & Appeal) Rules, 1964 (Services Rules, 1964) — Rule 9 — Disciplinary Authority (DA) — Role of DA upon receipt of Enquiry Report (ER) — Rule 9 mandates DA to consider records and record findings on each charge, but does not empower DA to discard ER altogether and direct fresh/de novo enquiry merely based on disagreement with findings. India Law Library Docid # 2437240
(297) ABDUR RAHIM Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 09-12-2025 Assam Sale of Forest Produce, Coupes and Mahal Rules, 1977 — Rules 16, 17, and 18 — Recovery of dues — Bengal Public Demands Recovery Act, 1913 — Forest Mahal settlement — Recovery sought as arrears of land revenue — Failure by accepted tenderer to deposit security/installment or execute agreement (Rule 16) — Rule 17 mandates cancellation, forfeiture of earnest money/security deposit, and mandatory resale at the tenderer’s risk for loss recovery (difference between original India Law Library Docid # 2437241
(298) POOJA DEVI AND OTHERS Vs. DAVINDER KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition for Compensation — Impleadment of Parties — Dominus Litis — Claimants/Petitioners are dominus litis and cannot be forced to litigate against persons against whom they do not seek relief, especially when such persons are not necessary parties — Where the claim is based on the alleged rash and negligent driving of one vehicle's driver, the owner of the India Law Library Docid # 2436940
(299) VINOD KUMAR AND ANOTHER Vs. ELIZABETH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Constitution of India, 1950 — Article 227 — Civil Procedure Code, 1908 (CPC) — Section 47 — Execution Proceedings — Frivolous Objections and Delay — Where an eviction order has attained finality up to the High Court, and the judgment debtor, over 10 years after the eviction order, raises objections in execution for the first time, alleging the decree holder is "non-existent" or dead without producing a death certificate, such objections are found to be frivolous, malafide, and solely aimed at India Law Library Docid # 2436941
(300) RAJ PAL Vs. DHARAMVIR SINGH[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 86 days in filing appeal — Principles governing condonation — Application for condonation of delay allowed as explanation furnished appeared bona fide, not indicating deliberate negligence, inaction, or lack of diligence — Procedural laws of limitation should not defeat substantial justice — Adopting a liberal yet judicious approach, the Court India Law Library Docid # 2436942