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(321) MARIA MARTA VAZ AND OTHERS Vs. JACINTA PEREIRA[BOMBAY HIGH COURT (GOA BENCH)] 08-12-2025
Goa Succession, Special Notaries And Inventory Proceeding Act, 2012 — Section 446 — Amendment of partition — Re-opening of Inventory Proceedings — Order allowing re-opening for amending final partition based on a Will, without consent of all parties, is beyond jurisdiction under Section 446 — Section 446 requires agreement of parties for amendment, except for clerical or arithmetical errors under the proviso — Disputed claims, such as those based on a testamentary disposition not considered in f
India Law Library Docid # 2437126

(322) MARIA MARTA VAZ AND OTHERS Vs. JACINTA PEREIRA AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 08-12-2025
Goa Succession, Special Notaries And Inventory Proceeding Act, 2012 — Section 446 — Amendment of partition — Re-opening of Inventory Proceedings — Order allowing re-opening for amending final partition based on a Will, without consent of all parties, is beyond jurisdiction under Section 446 — Section 446 requires agreement of parties for amendment, except for clerical or arithmetical errors under the proviso — Disputed claims, such as those based on a testamentary disposition not considered in f
India Law Library Docid # 2437179

(323) THE TAMIL NADU HOUSING BOARD, TNHB, ANNA NAGAR CIRCLE, REP.BY ITS SUPERINTENDING ENGINEER, CHENNAI Vs. M/S. N.C.C.LTD, FORMERLY M/S. NAGARJUNA CONSTRUCTION COMPANY LTD[MADRAS HIGH COURT] 08-12-2025
Arbitration and Conciliation Act, 1996 — Section 34(2)(b)(ii) and Section 34(2A) — Setting aside of Arbitral Award — Grounds — Undue and unexplained delay in passing award — An arbitral award passed with an unexplained delay of more than seven years after conclusion of arguments (arguments concluded on 24.11.2013, award passed on 30.07.2020) is in conflict with the Public Policy of India and is
India Law Library Docid # 2436675

(324) PANEERSELVAM @ NELLAPPAN (DIED) THROUGH LRS. AND OTHERS Vs. AMSAVALLI AND OTHERS[MADRAS HIGH COURT] 08-12-2025
Indian Succession Act, 1925 — Section 63(c) — Evidence Act, 1872 — Section 68 — Proof of Will — Requirements for valid proof include compliance with Section 63 of the Indian Succession Act — At least one attesting witness, who is alive and capable, must be examined to prove the testator's signature and the signing of the Will by the witnesses in the testator's presence — Even if one attesting witness
India Law Library Docid # 2436676

(325) VIMALA DAMAYANTHI Vs. J. R. SYMON MORRIS AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Scope — While considering an application for rejection of plaint, the court must only look at the averments in the plaint and the documents annexed therewith; the written statement or documents filed by the defendants should not be considered.
India Law Library Docid # 2436677

(326) G. GANESAN Vs. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT[MADRAS HIGH COURT] 08-12-2025
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 528, Section 223(1), Section 531(2)(a) — BNSS vs. Code of Criminal Procedure (CrPC), 1973 (erstwhile Code) — Applicability of BNSS Section 223(1) (mandating hearing before taking cognizance) — BNSS came into force on 01.07.2024 — If criminal proceedings
India Law Library Docid # 2436678

(327) LOKESH SINHA Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 08-12-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 6 — Rape of a minor — Age Determination — Admissibility of school/Kotwari Register entries — Finding of minority based solely on Kotwari Panji (village register) set aside — Kotwar's testimony indicating she was not the author of the disputed entry and lacked knowledge of its basis (whether written by her husband based on guessing) — Requirement that document relied upon to prove age must establish the material supportin
India Law Library Docid # 2437462

(328) GULAB DATT DUBEY Vs. CHAIRMAN-CUM-MANAGING DIRECTOR AND OTHERS[CHHATTISGARH HIGH COURT] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Suit for declaration of title, possession, and permanent injunction — Proof of Title — Burden of Proof — Revenue Records — In a suit for declaration of title, the burden of proof lies upon the plaintiff to establish their ownership over the suit property — Revenue records (Kistband Katauni, Khasra Panchsala, etc.) are generally maintained for fiscal
India Law Library Docid # 2437466

(329) BHAGWAT Vs. NARMADA BAI AND OTHERS[CHHATTISGARH HIGH COURT] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference — Findings of Fact — High Court cannot interfere with concurrent findings of fact recorded by courts below, even if they appear erroneous, unless there is a substantial error in law or procedure — Findings based on appreciation of evidence cannot be interfered with merely because an alternative view is possible — First
India Law Library Docid # 2437527

(330) STATE OF RAJASTHAN Vs. CHANDRA AVTAR AND OTHER[RAJASTHAN HIGH COURT] 08-12-2025
Criminal Procedure Code (CrPC), 1973 — Sections 235, 255 — Penal Code, 1860 (IPC) — Sections 420, 392, 120-B, 468, 471 — Principles of Sentencing — Scope of Judicial Discretion — Sentencing court must judiciously assess various factors including the nature of the offence, manner of commission, attendant circumstances, socio-economic background, character, prior antecedents of the offender, and societal repercussions — Punishment must fit the crime, reflecting a balanced, rational, and
India Law Library Docid # 2437559

(331) SHITAL DHIRAJBHAI RATHOD Vs. HETVI[GUJARAT HIGH COURT] 08-12-2025
Hindu Adoption and Maintenance Act, 1956 — Section 20(3) and Section 23 — Maintenance to Unmarried Daughter — Determination of Amount — The Family Court's direction to the mother (appellant) to pay monthly maintenance of Rs. 15,000/- to the unmarried dependent daughter (respondent) from the date of filing the suit is upheld, considering the mother's status, her salary (Rs. 57,000/- to Rs. 61,000/- per month), and
India Law Library Docid # 2437838

(332) M/S S.A. BUILDERS LTD. Vs. MUNICIPAL CORPORATION OF DELHI[DELHI HIGH COURT] 06-12-2025
Arbitration and Conciliation Act, 1996 — Section 36 — Execution of Arbitral Award — Appropriation of Payments — General Rule of Appropriation — Principle for adjusting payments made by Judgment Debtor (JD) towards a decretal amount — Unless the decree provides specific directions, the payments should be
India Law Library Docid # 2437267

(333) MANOJ Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 05-12-2025
Criminal Law — Appeal against Conviction — Sexual Offences — Penal Code, 1860 (IPC) — Section 376(2) — Protection of Children from Sexual Offences (POCSO) Act, 2012 — Section 6 — Appreciation of Evidence — Requirement of proof beyond reasonable doubt — Reappraisal of evidence necessary when key prosecution witnesses (victim and mother) turn hostile, retracting earlier allegations
India Law Library Docid # 2436527

(334) BILLAL HUSSAIN Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 05-12-2025
Criminal Law — Murder (Section 302 IPC) — Circumstantial Evidence — Sufficiency of Proof — Appeal against conviction for killing wife by strangulation — The key issue is whether the prosecution established the appellant's guilt beyond reasonable doubt based solely on circumstantial evidence — Evidence failed to establish the appellant's presence at the crime scene at the time of death, despite the deceased being found dead in his house — Suspicion, however strong (such as the
India Law Library Docid # 2437244

(335) MAHENDER SINGH Vs. RAKESH SINGH[PUNJAB AND HARYANA HIGH COURT] 05-12-2025
Specific Relief Act, 1963 — Suit for Specific Performance — Maintainability when Agreement to Sell is unilaterally cancelled — Necessity of seeking declaration that cancellation is bad — Where the vendor unilaterally cancels the Agreement to Sell, the vendee seeking specific performance must generally seek a declaration that the cancellation is bad and not binding, as a cancelled agreement is non-existent in law — However, where the sole ground for cancellation stated by the vendor (failure
India Law Library Docid # 2436937

(336) GURMEJ SINGH AND OTHERS Vs. UNION OF INDIA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 05-12-2025
Unlawful Activities (Prevention) Act, 1967 (UAP Act) — Section 43D(5) — Bail — Applicability of Embargo — The proviso to Section 43D(5) imposes a strict condition against granting bail if the Court, upon perusal of the case diary or the report under Section 173 Cr.P.C., finds "reasonable grounds for believing that the accusation against such person is prima facie true" — The conventional bail jurisprudence (bail is the rule, jail is the exception) does not apply to UAP Act cases;
India Law Library Docid # 2436938

(337) GAJANAN AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 05-12-2025
Penal Code, 1860 (IPC) — Section 302 — Murder — Conviction of Accused No. 1 — Homicidal Death — Appreciation of evidence — Evidence of eyewitnesses (daughter and injured sons of deceased) regarding Accused No. 1 going home, returning with a knife, stabbing the injured, and fatally stabbing the deceased on the neck — Corroboration by medical evidence (Post Mortem Report, nature of injuries, and possibility of injuries by recovered weapon) and circumstantial evidence (recovery of
India Law Library Docid # 2437111

(338) KHILJI MOHSINAHMED MUSTAKALI Vs. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER[BOMBAY HIGH COURT] 05-12-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Section 45 — Bail — Scheduled Offence (Predicate Offences) — Cheating and Forgery under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS) — Allegations involved deceiving individuals to obtain identity documents under pretext of job opportunity, using documents to open bank accounts for shell entities (APMC accounts), accumulating funds from alleged illegal gaming/betting activities, and subsequently withdrawing amounts using false valuable securiti
India Law Library Docid # 2437167

(339) CHRISTIAN RAJENDRAN AND OTHERS Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 05-12-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 19, 21, 29 — Penal Code, 1860 (IPC) — Sections 376(2)(d)(i)(n), 377, 323, 506(II), 354A — Appeal against Conviction — Evidence of Victim — Reliability and Corroboration — Conviction of Accused No. 1 (Christian Rajendran) upheld for sexual assault and penetrative sexual assault on minor girls in an orphanage (Shanti Ashram) — Evidence of victims (PW5 and PW6) regarding sexual assault and
India Law Library Docid # 2437168

(340) SMT. MAMTA GURJAR Vs. POOJA KUSHWAH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 05-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Code of Criminal Procedure (Cr.P.C.) — Section 197 (Protection to Public Servants) — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 218 (equivalent to Section 197 Cr.P.C.) — Complaint against Police Officials — Custodial Violence and Assault — Maintainability without Sanction — Petitioners (Police Officials) sought quashing of
India Law Library Docid # 2436289

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