(361) SMT. ANAND KANWAR Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 04-12-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Writ of Mandamus — Adjudication of Disputed Facts/Intricate Questions — Entitlement to Family Pension — Rival Claims by two women asserting to be the legally wedded wife of the deceased employee, based on conflicting nominations in service records (CPF vs. PPO) — Writ Court cannot embark upon a detailed fact-finding inquiry India Law Library Docid # 2437551
(362) VIJAY UPADHYAY Vs. SMT. LALITA[RAJASTHAN HIGH COURT] 04-12-2025 Family Courts Act, 1984 — Section 19 — Appeal against dismissal of application under Order IX Rule 13 read with Section 151 CPC — Setting aside ex-parte judgment and decree of divorce — Applicability of CPC — Provisions of CPC regarding issuance and service of summons are applicable to proceedings before Family Courts — Order 9 Rule 13 CPC — Setting aside ex-parte decree — Ex-parte divorce decree against appellant-husband set aside due to serious suspicion regarding India Law Library Docid # 2437552
(363) PRAKASH Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 04-12-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Conviction — Evidence — Applicability of Section 302 IPC confirmed where the son (appellant) caused the death of his mother by strangulation — The forceful application of pressure on the vital and sensitive part (throat) of the deceased establishes the intention to cause death (or knowledge that such act was likely to cause death) — Manner of assault confirms India Law Library Docid # 2437553
(364) STATE OF RAJASTHAN AND OTHERS Vs. BHANWAR SINQH UDAWAT[RAJASTHAN HIGH COURT] 04-12-2025 Rajasthan Civil Services (Revised Pay Scale) Rules, 1987 and 1989 — Option/Re-option for Pay Scale — Limitation and Delay — Rules of 1987 were revised by Rules of 1989; employees had to opt to switch over or continue under Rules of 1987 — State granted a two-month window via Gazette Notification dated 20.11.1993 for employees to submit their option/re-option between Rules of 1987 and 1989 — Petitioner failed to exercise this option in 1993, continued under Rules of 1989, and India Law Library Docid # 2437554
(365) STATE OF RAJASTHAN Vs. BHAWANI SINGH RAJAWAT AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Leave of High Court required for sitting/former MLAs/MPs — Following directions of Supreme Court in Ashwini Kumar Upadhyay vs. Union of India (2021) 20 SCC 599, High Court's leave is mandatory for withdrawal of prosecution against sitting or former MLAs/MPs. India Law Library Docid # 2437774
(366) PARVINDER SINGH Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA[HIMACHAL PRADESH HIGH COURT] 04-12-2025 Arbitration and Conciliation Act, 1996 — Section 29A(4) and 29A(5) — Extension of Mandate of Arbitrator — Sufficient Cause — Application for extension of time to conclude arbitral proceedings — Where the Arbitrator failed to conclude proceedings and deliver an Award within the statutory period, despite completion of pleadings, framing of issues, recording of evidence, and reservation of the matter for India Law Library Docid # 2437993
(367) BBMB THROUGH S.E. PONG DAM CIRCLE TALWARA TOWNSHIP AND ANOTHER Vs. ASHWANI KUMAR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 04-12-2025 Land Acquisition Act, 1894 — Section 54, Section 18, Section 23 — Appeal against enhanced compensation awarded by Reference Court for land acquired for Beas Dam Project (Pong Dam Reservoir) — Determination of Market Value — Market value is the price a willing purchaser pays a willing seller, considering existing advantages and potential possibilities, excluding advantage from the compulsory acquisition scheme — Market value determination must consider the India Law Library Docid # 2437990
(368) NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. BALKAR SINGH AND OTHERS[UTTARAKHAND HIGH COURT] 03-12-2025 Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Challenge to Arbitral Award — Scope of Judicial Review — Patent Illegality — An arbitral award that suffers from patent illegality or perversity, or conflicts with the public policy of India, remains unsustainable and is liable to be set aside under Sections 34 and 37 — Patent illegality arises when the Arbitral Tribunal blatantly disregards the express India Law Library Docid # 2436524
(369) KHUSBOO SINGH Vs. SHRI SANDEEP KUMAR[UTTARAKHAND HIGH COURT] 03-12-2025 Hindu Marriage Act, 1955 — Section 13(1)(i-a) (Cruelty) — Divorce — What constitutes Cruelty — Making unsubstantiated and indecent defamatory allegations against spouse or their relatives, including accusations of extra-marital relations and false allegations of serious criminal offences (such as rape and dowry harassment), constitutes mental cruelty sufficient for dissolution of marriage — Where appellant India Law Library Docid # 2436525
(370) SUSHILABEN HARILAL JOSHI (DELETED SINCE DECEASED) (A) JYOTI HARSUKHRAI JOSHI AND OTHERS Vs. TRIVENIBEN BHIKHALAL BUSA AND OTHERS[BOMBAY HIGH COURT] 03-12-2025 Maharashtra Rent Control Act, 1999 — Section 15(3) — Recovery of possession on ground of rent arrears — Statutory protection against eviction decree — A tenant can avoid an eviction decree for non-payment of rent if they pay or tender the standard rent, permitted increases, and simple interest (15% p.a.) within ninety days from the date of service of the suit summons, and continue regular payments India Law Library Docid # 2436987
(371) KHURSIDA AHMED Vs. ENUISH ALI AND OTHERS[GAUHATI HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Second Appeal — Substantial Question of Law — Sustainable decree — Money Suit for recovery of earnest money based on agreement for sale of vehicle — Agreement alleged to be fraudulent due to misrepresentation regarding outstanding loan and payments made to finance company — Courts below finding breach of contract and fraudulent execution based on evidence and Section 23 of Contract Act, 1872 — Where execution and terms of India Law Library Docid # 2437248
(372) M/S AMPROLISA CONSTRUCTION AND MARKETING PVT LTD Vs. GUPTA HARDWARE PRIVATE LIMITED AND ANOTHER[GAUHATI HIGH COURT] 03-12-2025 Negotiable Instruments Act, 1881 — Section 138 — Complaint by Company — Authorization — Curable defect — A complaint filed by a Company (juristic person/payee) must be represented by a natural person who is authorized to act on its behalf — Initial defect concerning the proper authorization of the natural person (employee/Marketing Manager) representing the company to institute the complaint is a curable defect and not a ground to quash the proceedings at the threshold, even if India Law Library Docid # 2437249
(373) JAYANTA BASUMATARY Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 03-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374 read with Section 382 — Appeal against conviction — Indian Penal Code, 1860 (IPC) — Section 324 — Hurt by dangerous weapons or means — Conviction maintained where the Trial Court correctly held the appellant guilty of the offense under Section 324 IPC, despite initial charge including Section 307 and 326 IPC, based on the nature of injuries sustained by the victim and the evidence presented. India Law Library Docid # 2437250
(374) SANJAY GUPTA AND OTHERS Vs. ATTAR CHAND AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Application for rejection of plaint dismissed by Trial Court — Issues regarding maintainability of suit (under Order II Rule 2 CPC, Order XXIII Rule 1 CPC, limitation, and Section 41(e) and 41(h) of Specific Relief Act) were raised by Petitioners (Defendants) — Consensus reached between parties that Petitioners would India Law Library Docid # 2436929
(375) ATMA SINGH(SINCE DISEASED) THROUGH LRS AND OTHERS Vs. JASWANT SINGH(SINCE DISEASED) THROUGH LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Registration Act, 1908 (Act of 1908) — Section 17(1) and Section 17(2)(vi) — Compulsory Registration — Consent Decree — A consent decree that creates right, title, and interest in immovable property for the first time (in praesenti) in favour of a party, rather than merely declaring a pre-existing right, requires compulsory registration under Section 17(1) of the Act of 1908 — Exemption under Section India Law Library Docid # 2436930
(376) HARBHAJAN SINGH AND OTHERS Vs. BEANT SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Specific Relief Act, 1963 — Section 16(c) — Suit for Specific Performance — Readiness and Willingness — Equitable Estoppel — Subsequent Purchaser — Even if execution of the agreement to sell and initial readiness and willingness of the plaintiffs (original buyers) are proved, the equitable remedy of specific performance may be refused if the plaintiffs' conduct demonstrates acquiescence to the subsequent India Law Library Docid # 2436931
(377) BIKKAR SINGH Vs. UJAGAR SINGH (SINCE DECEASED) THROUGH LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Regular Second Appeal — Scope of Interference — Concurrent Findings of Fact — Where both the trial court and the first appellate court have returned concurrent findings of fact based on a careful appreciation of oral and documentary evidence, and the findings are found to be well-reasoned, free from infirmity, and not perverse or contrary to settled legal principles, the High Court will not interfere in the second appeal. (Paras 12, 16, India Law Library Docid # 2436932
(378) NEW INDIA ASSURANCE CO. LTD. Vs. CHARANJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-12-2025 Motor Vehicles Act, 1988 — Compensation — Proof of Accident and Negligence — Claimants' case of accident caused by respondent-Nandlal's rash and negligent driving of truck MP-44HA-0696 — Evidence shows involvement of two trucks (MP-44HA-0696 and PB-11AP-8185) resulting in deceased's death — Driver of offending vehicle (Nandlal) failed to step into witness box to rebut claim or explain the India Law Library Docid # 2436933
(379) RAMANRAO AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 03-12-2025 Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act) — Sections 2(c), 2(d) and 3 — Penal Code, 1860 (IPC) Sections 411 and 413 — Scope of 'Deposit' — Quashing of FIR under MPID Act and IPC (Sections 411, 413) — Applicants obtained loans in names of farmers by misrepresentation and siphoned funds; this act constitutes a loan transaction, not ‘deposit’ under MPID Act sec.2(c) — Applicants’ activity does not fit definition of ‘Financial Establishment’ India Law Library Docid # 2437110
(380) BLESSING AMAKA OKONKO Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 03-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c), 22(b), 22(c), 29, 37, 42, 50 — Bail Application — Commercial Quantity — Section 37 Conditions — Bail under NDPS Act, especially when commercial quantity (460 grams of Mephedrone/MD) is recovered, requires the Court to be satisfied that there are reasonable grounds for believing the accused is not guilty and is unlikely to commit further offences — "Reasonable grounds" means something more than prima facie grounds an India Law Library Docid # 2437170