(361) BEENA SAH AND OTHERS Vs. DEEPA SAH AND OTHERS[UTTARAKHAND HIGH COURT] 26-09-2025 Civil Procedure Code, 1908 (CPC) — Order 43 Rule 1(r) — Appeal against order of temporary injunction — Partition Suit — Co-ownership — Temporary injunction against a co-owner is generally impermissible unless there is ouster, denial of title, or exclusion for a statutory period. India Law Library Docid # 2434672
(362) THE NEW INDIA ASSURANCE COMPANY LTD. Vs. SMT. LAXMI AND OTHERS[UTTARAKHAND HIGH COURT] 26-09-2025 Motor Vehicles Act, 1988 — Section 173 , Section 166 , Section 3 , Section 149(2) , Section 15 — Appeal against award of Motor Accident Claims Tribunal — Insurer's liability — Driver's license validity — "Pay and Recover" doctrine — Facts indicate a genuine dispute regarding the renewal of the driver's license at the time of the accident. The owner presented renewal documents that appeared to validate the India Law Library Docid # 2434673
(363) GAURAV AGARWAL Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 26-09-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque for insufficient funds — Cheque reported lost and payment stopped prior to alleged issuance date — Subsequent presentation and dishonour cannot form basis of offence under Section 138 as there was no valid issuance. India Law Library Docid # 2434674
(364) MRS. BHARATHI RADHAKRISHNAN Vs. REMA VASUDEVAN AND OTHERS[MADRAS HIGH COURT] 26-09-2025 Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Demolition of scheduled property — Court noted that property was already demolished and superstructure no longer existed — Application for interim injunction closed as no further orders could be passed. India Law Library Docid # 2434763
(365) M/S. JAIN STEELS INDUSTRIES Vs. M/S. LARSEN & TOUBRO LTD.[MADRAS HIGH COURT] 26-09-2025 Micro, Small and Medium Enterprises Development Act, 2006 — Section 18 — Jurisdiction of Facilitation Council — Supplier's place of business confers jurisdiction on the Council — Even if arbitration agreement specifies a different seat, the Council at the supplier's location can entertain the claim. India Law Library Docid # 2434784
(366) P. KRISHNAMOORTHY Vs. V. RAYAR[MADRAS HIGH COURT (MADURAI BENCH)] 26-09-2025 Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness to perform contract — Essential terms — Plaintiff failed to prove possession of balance sale consideration and active steps to acquire funds — Mere averment is insufficient, proof required — Plaintiff's admission of not having funds and father holding them, coupled with lack of evidence of father's commitment to lend, defeats claim for specific performance. India Law Library Docid # 2434785
(367) M/S. EAGLE FLASK INDUSTRIES (P) LIMITED Vs. M/S. TAMIL NADU SMALL INDUSTRIES CORPORATION LIMITED[MADRAS HIGH COURT] 26-09-2025 Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — Section 29 — Exemption from Act — Landlord seeking eviction by approaching Rent Controller waives the benefit of exemption available under Section 29, which is granted by notification and is a benefit conferred, not a statutory bar like Section 30. India Law Library Docid # 2434787
(368) SABAREESAN Vs. PERIYASAMY PADAIYATCHI[MADRAS HIGH COURT] 26-09-2025 Civil Procedure Code, 1908 (CPC) — Order 23 Rule 1 — Withdrawal of suit with liberty to file fresh suit — Requirements for grant of leave — Plaintiff must demonstrate a formal defect in the suit leading to its failure or provide sufficient grounds for instituting a fresh suit — Grant of leave is discretionary and requires caution and India Law Library Docid # 2434788
(369) MR. PRAVEEN RAJ JAYACHANDRAN Vs. M/S. FUSION VR[MADRAS HIGH COURT] 26-09-2025 Copyright Act, 1957 — Protection of Ideas vs. Expression — The Act protects the expression of an idea, not the idea itself. Materials showing visualization and expression of concepts and applications are protected. India Law Library Docid # 2434789
(370) SANJAY KEDIYA Vs. SAROJ KEDIYA AND OTHERS[CHHATTISGARH HIGH COURT] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Order 32 Rule 15 — Persons of unsound mind — Appointment of next friend — Mandatory enquiry — Court must conduct an enquiry to satisfy itself that a person is incapable of protecting their own interest due to mental infirmity before appointing a next friend or guardian. Mechanical appointment without enquiry is illegal. India Law Library Docid # 2433197
(371) BUDHRAM SINGH @ LALLU Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 25-09-2025 Protection of Children from Sexual Offences Act, 2012 — Section 4 — Rape — Penal Code, 1860 (IPC) — Sections 366 (kidnapping, abduction or inducement to cause person to remain in order to subject her to intercourse) and 302 (murder) — Appeal against conviction — Conviction by trial court based on circumstantial evidence — Prosecution failed to prove essential ingredients of offences — Age of victim — No clinching or India Law Library Docid # 2433198
(372) ST. JOSEPH’S COLLEGE Vs. JHARKHAND STATE INFORMATION COMMISSION AND OTHERS[JHARKHAND HIGH COURT] 25-09-2025 Right to Information Act, 2005 — Section 2(h) — 'Public Authority' — Definition — Ownership, control, or substantial financing by appropriate Government — College receiving grant-in-aid from State Government is a public authority. India Law Library Docid # 2433314
(373) EBC PUBLISHING (P) LTD AND ANOTHER Vs. RUPA PUBLICATIONS INDIA PRIVATE LIMITED[DELHI HIGH COURT] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Order 39 Rule 1 and 2 — Temporary Injunction — Application seeking interim and temporary injunction against defendant — Infringement of distinctive trade dress, get-up, and overall presentation of plaintiffs' 'COAT POCKET edition' of the Constitution of India Bare Acts. India Law Library Docid # 2433308
(374) SHRI ONGDI SHERPA Vs. SHRI NIM TEMBA SHERPA AND OTHERS[SIKKIM HIGH COURT] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — Court Witness Evidence — Whether the learned First Appellate Court by ignoring material evidence given by Court Witness No.1, Surja Maya Sunwar, endorsed the finding of the Learned Trial Court? India Law Library Docid # 2433410
(375) CHANDRASHEKHAR AND OTHERS Vs. GANGAVVA AND OTHERS[KARNATAKA HIGH COURT (DHARWAD BENCH)] 25-09-2025 Karnataka Land Reforms Act, 1961 — Sections 4, 21, 24 — Tenancy rights — Will — Bequest of tenanted land — Land vested with the government — Occupancy rights granted to tenant — Whether a bequest under a Will is an assignment and barred by Section 21 — Held, Section 21 must be read with Section 24 — Bests are India Law Library Docid # 2433698
(376) M/S SPAZECLUB PVT. LTD. AND ANOTHER Vs. M/S VENUS COTSPIN PVT. LTD. AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Order 15 Rule 5 — Striking off defence for failure to deposit admitted rent — Provisions require defendant to deposit admitted rent and monthly amount due throughout the continuation of the suit — Failure to do so may lead to striking off defence — Commercial Court correctly applied this rule. India Law Library Docid # 2433922
(377) BEANT KUMAR AND OTHERS Vs. SHREE SANATAN DHARAM SABHA (REGD.)[PUNJAB AND HARYANA HIGH COURT] 25-09-2025 East Punjab Urban Rent Restriction Act, 1949 — Section 13 — Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 — Section 12 — Jurisdiction of Rent Tribunal — Bar of Jurisdiction — Petitioners contending that eviction petition under Act of 1949 is not maintainable as jurisdiction is barred by Act India Law Library Docid # 2433923
(378) GURNEK SINGH Vs. BALBIR SINGH[PUNJAB AND HARYANA HIGH COURT] 25-09-2025 Limitation Act, 1963 — Section 5 — Condonation of delay — Appeal filed with a delay of 4 days — Application for condonation of delay allowed, reasons mentioned in the application supported by affidavit. India Law Library Docid # 2433934
(379) BALJINDERPAL SINGH AND ANOTHER Vs. INDERJIT KAUR OTHERS[PUNJAB AND HARYANA HIGH COURT] 25-09-2025 Civil Procedure — Suit for possession — Maintainability — Plaintiff's suit for possession was dismissed as defendant's possession was based on a Consent Decree that was never challenged by the plaintiffs. Held, suit for possession without challenging the decree is not maintainable. India Law Library Docid # 2433935
(380) THE PRINCIPAL SECRETARY, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, PUNJAB AND OTHERS Vs. VARINDER KUMAR JAIN[PUNJAB AND HARYANA HIGH COURT] 25-09-2025 Limitation Act, 1963 — Section 5 — Condonation of delay — Not a matter of generosity or benevolence, but requires sufficient cause — Pursuit of substantial justice cannot prejudice the opposite party — Law of limitation is substantive, not merely technical, and promotes finality in litigation. India Law Library Docid # 2433936