(701) SAJID SHAH Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 19-11-2025 Criminal Law — Indian Penal Code, 1860 — Section 302 (Murder) — Conviction based solely on inconsistent dying declarations — Criteria for relying on dying declaration outlined (citing P.V. Radhkrishna vs. State of Karnataka and Paniben (Smt.) vs. State of Gujarat) — Court must ensure declaration is true, voluntary, not tutored, and consistent; rule of corroboration is one of prudence — When multiple dying declarations exist, if the earliest version is natural and consistent with medical India Law Library Docid # 2436397
(702) RAJU THAPA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 19-11-2025 Service Law — Termination based on Criminal Conviction — Subsequent Acquittal — Effect of Acquittal on Termination — Where an employee's services are terminated solely based on a criminal conviction, and that conviction is subsequently set aside (acquittal), the foundation of the termination order vanishes and the termination cannot be sustained in law; the employee is entitled to reinstatement. India Law Library Docid # 2436553
(703) SRI CHANDRA SINGH Vs. ADDITIONAL CHIEF REVENUE COMMISSIONER AND OTHERS[UTTARAKHAND HIGH COURT] 19-11-2025 Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Act, 1950) — Section 331 — Scope of Second Appeal — Applicability of amended Section 100 of the Code of Civil Procedure (CPC) — Section 331 of the Act, 1950, which provides for an appeal on "one or more of the grounds specified in Section 100 CPC," constitutes 'legislation by incorporation' (incorporating the then-existing grounds of Section 100 India Law Library Docid # 2436554
(704) PRIYANK CHAUHAN Vs. SMT. VINITA CHAUHAN[UTTARAKHAND HIGH COURT] 19-11-2025 Hindu Marriage Act, 1955 — Section 13(1)(ia) (Cruelty) — Mental Cruelty — Baseless or Reckless Allegations — Unsubstantiated and defamatory allegations of illicit relationships or infidelity made by one spouse against the other constitute grave mental cruelty, causing mental agony and loss of reputation — Continuous and unfounded accusations render it impossible for the aggrieved spouse to cohabit and justify India Law Library Docid # 2436555
(705) GHANSHYAM GUPTA ALIAS GHANSHYAM VAISH Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 19-11-2025 Penal Code, 1860 (IPC) — Section 302 — Murder (Strangulation) — Circumstantial Evidence — Last Seen Theory — Motive — The case against the appellant (father) for the murder of his daughter (deceased) rested on circumstantial evidence, including the deceased being last seen with the appellant in a rented room and overwhelming evidence suggesting homicidal death by strangulation. India Law Library Docid # 2436556
(706) NAKUL PATIDAR AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 19-11-2025 Service Law — Transfer and Postings — Scheduled Tribe Area — Tribal Sub-Plan (TSP) Area — Employees residing in TSP area appointed under Non-TSP cadre — Right to seek transfer under Government Circulars — Petitioners, permanent residents of TSP area, appointed as Constables in Minerals Protection Force (later merged into 14th Battalion RAC) under Non-TSP cadre despite applying under TSP category — India Law Library Docid # 2437723
(707) COUNCIL OF INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA Vs. S.N. VALERA, FCA M/S. S.N. VALERA & CO.[GUJARAT HIGH COURT] 19-11-2025 Chartered Accountants Act, 1949 — Section 21(3), 21(5), 21(6) — Professional Misconduct — Procedure in inquiries relating to misconduct — Power and Role of the Council (ICAI) — The Council must record its independent findings on the professional misconduct of a member after receiving the report from the Disciplinary Committee and considering the members written/oral representation; merely agreeing India Law Library Docid # 2437868
(708) STATE OF GUJARAT Vs. PARBATSINH CHHAGANSINH ZALA[GUJARAT HIGH COURT] 19-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of Interference — High Court can interfere with a judgment of acquittal only in exceptional cases where there are compelling circumstances, if the judgment is found to be perverse, or if the findings are without reason, unreasonable, or contrary to evidence — The Appellate Court must consider the presumed innocence of the accused, which is reinforced by the acquittal, and should avoid routine India Law Library Docid # 2437869
(709) MULCHANDBHAI ISHWARBHAI PATEL AND OTHERS Vs. GAUTTAMBHAI BABARBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 19-11-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Limitation — Suit for cancellation of Sale Deed and consequential reliefs — Where the plaintiff executes a registered Sale Deed and subsequently files a suit for its cancellation, the right to sue for cancellation under Article 59 of the Limitation Act, 1963 accrues on the date of registration, as the plaintiff is deemed to have knowledge India Law Library Docid # 2437870
(710) SHARADBHAI GUNVANTBHAI JANI Vs. DAKSHAGAURI SHARADBHAI JANI D/O SHIVSHANKARBHAI JAKOLBHAI PANDYA[GUJARAT HIGH COURT] 19-11-2025 Hindu Marriage Act, 1955 — Section 13 (Divorce) — Section 13B (Divorce by mutual consent) — First Appeal against refusal to grant divorce — Irretrievable breakdown of marriage — Mutual settlement during appeal proceedings — Parties separated shortly after marriage (since 2018) with no possibility of reunion (approx. six years separation) — Power of High Court to grant decree of divorce by mutual India Law Library Docid # 2437871
(711) V. VENKATAGIRI Vs. STATE AND OTHERS[MADRAS HIGH COURT] 18-11-2025 Contract Act, 1872 — Section 196 — Ratification of Agent's unauthorized acts — Effect of Ratification — When an agent executes a Sale Deed without proper authority, and the Principal subsequently executes a Deed of Ratification (Confirmation of Sale), the ratification validates the agent's act retrospectively, as if it had been performed with prior authority — Once ratified, the original sale deed becomes the principal instrument India Law Library Docid # 2436752
(712) PRASHANT Vs. DR. GANESH[BOMBAY HIGH COURT (NAGPUR BENCH)] 18-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 250 — Compensation for accusation without reasonable cause — Scope and Applicability — Section 250 is invoked only where there is no reasonable ground for making the accusation, implying malice, frivolousness, or ulterior motive on the part of the complainant — Mere failure of the complainant to prove the case (resulting in acquittal) or existence of discrepancies in India Law Library Docid # 2437005
(713) BHANDARI INTERSTATE CARRIERS Vs. IMPROVEMENT TRUST LUDHIANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 18-11-2025 Constitution of India, 1950 — Article 227 — Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 read with Section 151 — Amendment of Plaint — Petitioner filed a suit for mandatory injunction to execute a sale deed — Subsequent events (One Time Settlement Policy, deposit of amounts, possession, and execution of agreement to sell) occurred during the suit's pendency, leading the petitioner to seek amendment to incorporate these facts and add the relief of specific performance — Amendment India Law Library Docid # 2437065
(714) PUNJAB STATE POWER CORPORATION LIMITED Vs. EMTA COAL LTD.[PUNJAB AND HARYANA HIGH COURT] 18-11-2025 Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Arbitral Award — Code of Civil Procedure, 1908 (CPC) — Section 47 — Objections to Execution — An Arbitral Award is enforceable as a decree of a Civil Court under Section 36(1) of the Act — Objections to execution of an award, akin to those under Section 47 CPC, are maintainable, although within a narrow compass, restricted generally to grounds of jurisdictional infirmity or the award being void or a nullity — India Law Library Docid # 2437066
(715) RAM MILAN Vs. GAGANDEEP SINGH[PUNJAB AND HARYANA HIGH COURT] 18-11-2025 Constitution of India, 1950 — Article 227 — Civil Procedure Code, 1908 (CPC) — Order VI Rule 17 — Amendment of pleadings — Revision against rejection of application for amendment of plaint — Amendment sought was replacement of a wrongly named deceased defendant with his wife (Harjit Kaur) on the ground of typographical mistake — Application filed within 22 days of plaint filing and before framing of issues (i.e., before trial commencement) — High Court set aside the India Law Library Docid # 2437067
(716) BALDEV SINGH AND OTHERS Vs. AJIT SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 18-11-2025 Civil Procedure Code, 1908 (CPC) — Second Appeal — Concurrent Findings of Fact — Suit for declaration and permanent injunction based on Oral Partition — Where both lower courts concurrently decree the suit for declaration and injunction based on an oral partition, and the findings are supported by evidence, including admissions by defendants and proof that the partition was acted upon, the concurrent India Law Library Docid # 2437068
(717) AMARJIT SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 18-11-2025 Penal Code, 1860 (IPC) — Section 279 (Rash driving) and Section 337 (Causing hurt by act endangering life or personal safety of others) — Conviction and sentence — Revision against concurrent findings of conviction upheld by Appellate Court (acquittal under Section 304-A IPC maintained) — Petitioner not pressing challenge on merits but confining to quantum of sentence considering long pendency of case (12 India Law Library Docid # 2437092
(718) BALRAJ SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 18-11-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Arms Act, 1959 — Section 27 — Conviction upheld — Related/Interested Witness — Competency and Reliability — The testimony of witnesses, even if related to the deceased, is not automatically unreliable; relatives are often the most natural witnesses, and their evidence can be relied upon if it is consistent, trustworthy, and inspires confidence — A close relative is not an "interested" witness unless they have a direct interest or India Law Library Docid # 2437093
(719) HIRAMAN NIVRUTTI TUPE AND OTHERS Vs. SOU. VIJAYMALA VINAYAK BAZARE AND OTHERS[BOMBAY HIGH COURT] 18-11-2025 Civil Procedure Code, 1908 (CPC) — Section 115 — Revisionary Jurisdiction — Setting aside Ex-Parte Decree — Condonation of Delay — High Court's power to interfere with Trial Court's discretion — Interference with an order condoning delay is warranted when the Trial Court's decision is perverse, based on erroneous factual assumptions, or applies wrong parameters — Where the applicant's explanation for delay is "concocted" and lacks bonafides, the order condoning the delay must be set India Law Library Docid # 2437161
(720) DR. SANGEETA DUTTA Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 18-11-2025 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 483 (equivalent to former CrPC Section 439) — Regular Bail — Principles Governing Grant of Bail — While facing serious charges (Sections 307, 325, POCSO Act, JJ Act, etc.), prolonged judicial incarceration pending trial (over 2.5 years) where only 15 out of 74 witnesses have been examined constitutes undue delay — Right to Speedy Trial (Article 21 of the Constitution) — Long incarceration militates against fundamental right to life and li India Law Library Docid # 2437293