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(801) AKHAND PRAKASH SHAHI Vs. UNION OF INDIA AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 14-11-2025
Service Law — Simultaneous Proceedings — Criminal and Departmental Inquiry — Principles Governing — Departmental proceedings and criminal case can proceed simultaneously; no legal bar exists — Stay of departmental inquiry is desirable only if the criminal charge is of grave nature, involves complicated questions of law and fact, and conducting the inquiry would prejudice the employee’s defense in the criminal trial —
India Law Library Docid # 2436256

(802) UT OF J&K AND ORS. Vs. PARVEZ AHMED[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 14-11-2025
Contempt of Courts Act, 1997 (J&K) — Section 20 — Limitation for initiating contempt proceedings — Rejection of application seeking dismissal of contempt petition as time-barred — Writ Court directed reconsideration of regularization case on 05.10.2015 — Contempt petition filed on 05.02.2021 (after 5 years) — Application for dismissal on ground of limitation (one year under Section 20) rejected by Writ Court
India Law Library Docid # 2436267

(803) SUNITA DEVI AND OTHERS Vs. BHUVNESH KUMAR KUKRETI AND ANOTHER[UTTARAKHAND HIGH COURT] 14-11-2025
Motor Vehicles Act, 1988 — Section 173, 166, 145(g), 147, 167 — Motor Accident Claims Tribunal (MACT) — Maintainability of Claim Petition — Driver/Conductor as 'Third Party' — Effect of IMT Endorsement No. 40 and Additional Premium — Tribunal dismissed claims under Section 166 holding them non-maintainable due to IMT Endorsement No. 40, restricting liability to Workmen's Compensation Act (WCA) rates,
India Law Library Docid # 2436545

(804) JINCHONG LIAO AND OTHERS Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 14-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 281 — Framing of Charge — Language Barrier — Right to Fair Trial — Where the accused does not understand the court's language (Hindi/English) and the Trial Court had previously recognized the necessity of an interpreter (Chinese), the subsequent framing of charge without the interpreter's assistance and without explaining the accusation in a language understood by
India Law Library Docid # 2436546

(805) SMT. ANNU SHARMA ALIAS SWATI Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 14-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Interim Maintenance — Commencement Date — Mandate of Rajnesh v. Neha — Maintenance should ordinarily be granted from the date of the application unless the Court records specific, cogent reasons for granting it from a later date — Family Court granting maintenance from the date of the order (25.02.2025) instead of the date of application (06.04.2019) without
India Law Library Docid # 2436547

(806) VIJAYALAKSHMI AND OTHERS Vs. MOHAMMED BILAL AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 14-11-2025
Civil Procedure Code, 1908 (CPC) — Order 32 Rule 15 — Person of Unsound Mind — Procedure for Suits — Essential procedure under Order 32 Rule 15 for suits by or against a person of unsound mind, requiring judicial determination of incapacity and appointment of a guardian, is mandatory — Failure of appellants (plaintiffs in original suit) to follow this procedure, either at the trial stage or during appeal, precludes them
India Law Library Docid # 2436756

(807) YASHEER ARAFATH Vs. STATE OF TAMIL NADU[MADRAS HIGH COURT (MADURAI BENCH)] 14-11-2025
Criminal Procedure — Seized Vehicle — Release of vehicle pending trial — Three-wheeler auto seized in connection with NDPS Act case (possession of Ganja) — Trial Court dismissed application for return of vehicle — Revision Petition filed to set aside dismissal and release vehicle — High Court held that keeping seized vehicles in open yard for long periods leads to damage (converting it to junk) and causes financial
India Law Library Docid # 2436757

(808) SUBBATHAL (DIED) AND OTHERS Vs. NARAYANASAMY AND OTHERS[MADRAS HIGH COURT] 14-11-2025
Civil Procedure Code, 1908 (CPC) — Order 21 Rule 101, Sections 47, 115, 151, Order 20 Rule 4(2), Order 21 Rule 16 — Civil Revision Petition — Execution Application (EA) by third parties claiming settled possession — Dismissal of EA by executing court challenged — Claim of Revision Petitioners is based on long-term possession of a portion of undivided property (eastern half, S.F.No. 289/1) purchased by
India Law Library Docid # 2436758

(809) GANGIREDLA SOMASUNDA NAIDU AND ANOTHER Vs. GANGIREDLA RAJANANDAN RAO (DIED) BY LRS AND OTHERS[ANDHRA PRADESH HIGH COURT] 14-11-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference with Findings of Fact — High Court cannot interfere with findings of fact arrived at by the first appellate Court, which is the final Court of facts, unless they are erroneous, contrary to law (mandatory provisions or settled legal position by Apex Court), or based on inadmissible evidence or without evidence — Findings
India Law Library Docid # 2436214

(810) K S R T C Vs. P SIVA KUMAR AND OTHER[ANDHRA PRADESH HIGH COURT] 14-11-2025
Motor Vehicles Act, 1988 — Compensation — Just Compensation — Principles — The determination of "just compensation" must be liberal, not niggardly, applying fair and equitable principles and a reasonable approach, as the determination cannot be equated to a bonanza — The concept is restricted by parameters that are fair, reasonable, and equitable, and a deviation is considered unfair, unreasonable, or not
India Law Library Docid # 2436215

(811) M YERRAMMA AND ANOTHER Vs. SABAVATTU SURESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 14-11-2025
Motor Vehicles Act, 1988 — Compensation — Determination of Multiplier — Deceased Minor — The selection of the multiplier is based on the age of the deceased and not on the age of the dependants — Tribunal’s decision to adopt multiplier based on the age of the deceased’s mother (43 years, leading to multiplier of 14) held improper — Multiplier of 18 (as per Sarla Verma & Others vs. Delhi Transport
India Law Library Docid # 2436216

(812) HANUMAN AND OTHERS Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 14-11-2025
Penal Code, 1860 (IPC) — Section 306 (Abetment of suicide) read with Section 107 (Abetment of a thing) — Essential ingredients — Conviction requires proof of direct or indirect instigation or intentional aid, a clear mens rea to commit the offence, and an active act or direct act that left the deceased with no choice but to commit suicide — Mere allegations of harassment or demanding money (whether due or
India Law Library Docid # 2437722

(813) PATEL RATILAL AMBALAL Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 14-11-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 202, 397, 401, 190, 216, 319 — Penal Code, 1860 (IPC) — Sections 302, 147, 148, 149, 120-B, 304-A, 279 — Bombay Police Act, Section 135 — Maintainability of Second Complaint/FIR — Cognizance — Abuse of Process — A second complaint by the same complainant concerning the same incident, against the same accused, after the completion of investigation in the first FIR and filing of a charge-sheet, is generally impermissible in
India Law Library Docid # 2437874

(814) STATE OF GUJARAT Vs. CHANDULAL RANCHHODDAS KUNDALIA[GUJARAT HIGH COURT] 14-11-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Scope — Appeal against a judgment and decree seeking possession and mesne profits — Where the decree regarding possession has been satisfied during the pendency of the appeal (by handing over vacant possession), the scope of the appeal is limited to challenging the quantum of mesne profits.
India Law Library Docid # 2437916

(815) LAXMANBHAI SHANABHAI VAGHELA AND OTHERS Vs. MAGANBHAI RANCHODBHAI VAGHELA SINCE DIED THROUGH LHR AND OTHERS[GUJARAT HIGH COURT] 14-11-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope — Second Appeal challenging reversal of trial court decree by First Appellate Court — Grounds include non-compliance with Order XLI Rule 31 (regarding framing of points for determination) — Appellate Court framed points of determination addressing the central issue (partition) and ancillary prayers (injunction) — Appellate
India Law Library Docid # 2437917

(816) MADHU JOSHI AND ANOTHER Vs. RAJESH KUMAR ALIAS SONU AND OTHERS[HIMACHAL HIGH COURT] 14-11-2025
Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims — Enhancement of Compensation — Notional Income of Deceased Student (16 years old) — Where the deceased was a bright 16-year-old student (10+1) with aspirations (aiming to be an IAS officer), taking his notional income as a minimum wage of Rs. 3,000/- per month (as done by the Tribunal) is incorrect — The deceased's notional
India Law Library Docid # 2437928

(817) ZAIN ELECTRICALS AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 13-11-2025
Civil Procedure — Letters Patent Appeal (LPA) — Mootness — Allotment of Contract — Appeal challenging composite e-NITs dismissed as infructuous because contracts were already allotted to successful bidders and appellants failed to challenge the allotment — However, appeal heard on merits due to appellants' insistence on adjudication of underlying legal issues.
India Law Library Docid # 2436296

(818) ABDUL AZIZ HAFIZ AND OTHERS Vs. STATE OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 13-11-2025
Letters Patent Appeal — Against dismissal of writ petition challenging Financial Commissioner’s order — Scope of interference — High Court affirming the Writ Court's dismissal, holding that the Financial Commissioner rightly exercised supervisory powers to set aside illegal and void ab initio mutations that divested a lawful heir of her
India Law Library Docid # 2436297

(819) REKHA SHARMA Vs. KAMLESH PRADHAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-11-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Pleadings — Revision against dismissal of application for amendment of plaint seeking to introduce relief of declaration — Scope of interference under Article 227 is limited to cases of illegality, perversity, jurisdictional error, or improper exercise of discretion
India Law Library Docid # 2436895

(820) AMARJIT SINGH AND ANOTHER Vs. DILBAGH SINGH (SINCE DECEASED) THROUGH LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-11-2025
Limitation Act, 1963 — Articles 58 and 65 — Suit for declaration of title and recovery of possession — Composite suit — Where a suit is filed not merely for declaration of title but includes a further relief of recovery of possession based upon title, the limitation period is governed by Article 65 (12 years) and not Article 58 (3 years) — In such a composite suit, the relief of declaration is considered ancillary to
India Law Library Docid # 2436896

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