(861) SHRI MAHADEO SITARAM NAVALE AND OTHERS Vs. SHRI BAPUTAO RAMCHANDRA NAVALE, DECEASED BY HIS HEIRS[BOMBAY HIGH COURT] 08-09-2025 Specific Relief Act, 1963 — Section 20 — Discretionary relief of specific performance pleaded for ancestral joint family property — First appellate court failed to consider if discretion could be exercised without consent of other co-sharers and without proving legal necessity — Reversal of trial court's finding based on weaknesses of defendant not permissible without cogent evidence — Court must not grant specific India Law Library Docid # 2432519
(862) NARAYAN MAHOR Vs. MAHESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-09-2025 Municipal Corporation Act, 1956 (Madhya Pradesh) — Section 307(5) — Illegal construction — Removal of — Applicant alleged illegal construction by respondents without permission on government land — Respondents failed to prove ownership or permission despite opportunities — Court held construction was indeed illegal and India Law Library Docid # 2432530
(863) PREMVATI PATEL @ ASHA PATEL (CORRECT AND REAL NAME IS SMT. ASHA PATEL W/O ASHOK KUMAR PATEL) Vs. ASHOK KUMAR VERMA[MADHYA PRADESH HIGH COURT] 08-09-2025 Family Court Act, 1984 — Section 19 — Appeal against judgment and decree of Family Court — Dissolution of marriage decree — Death of respondent during pendency of appeal — Application under Order 22 Rule 4(4) and Order 22 Rule 4(A) of CPC for appointment of a person to contest appeal on behalf of deceased respondent — Appeal filed against a dead person is not maintainable — Appellant failed to seek permission to India Law Library Docid # 2432531
(864) RAMRATAN AND OTHERS Vs. LAKHAN SINGH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-09-2025 Civil Procedure Code, 1908 (CPC) — Section 151 — Inherent powers of Court — Restoration of Execution Proceedings — Dismissal for want of prosecution without listing for hearing — Court should not dismiss execution proceedings for want of prosecution if not listed for hearing — Order of dismissal in such circumstances cannot be treated as under Order 21 Rule 105(2) CPC — Application for restoration under India Law Library Docid # 2432532
(865) BALBIR SINGH SANDHU AND OTHERS Vs. KULDEEP SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-09-2025 Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10 — Impleading necessary or proper parties — Revision petition against dismissal of application to implead as defendants — Suit for specific performance of agreement to sell filed by respondents — Petitioners claimed to be purchasers from original vendor and sought impleadment to protect their alleged rights — Trial court dismissed application, converting a suit for specific performance into a suit for title — Held, that impleading petitioners wou India Law Library Docid # 2432572
(866) SUKHPREET KAUR Vs. PARMINDER KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-09-2025 Punjab State Election Commission Act, 1994 — Section 76, Section 80 — Election Rules, 1994 — Rule 53 — Presentation of election petition — Mandatory requirement that election petition must be presented by the candidate or elector personally — Presentation through an advocate or agent without the personal presence of the petitioner is not valid compliance — Non-compliance is fatal to the petition. India Law Library Docid # 2432573
(867) MANVI Vs. PRATEEK SAWHNEY[PUNJAB AND HARYANA HIGH COURT] 08-09-2025 Hindu Marriage Act, 1955 — Section 14 — Permission to present petition before one year of marriage — Court not to ordinarily enter into elaborate enquiry for divorce by mutual consent — Court should adopt a pacifist view in cases of mutual consent divorce — Court should consider various factors like length of marriage, period of separation, pendency of other proceedings, prospects of reconciliation, existence of children, and India Law Library Docid # 2432574
(868) ANKIT MOR Vs. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 08-09-2025 Evidence Act, 1872 — Section 35 — Admissibility of certain public records — Birth Certificate issued by Registrar of Births and Deaths carries presumption of correctness and prevails over school records regarding date of birth, unless its genuineness is doubtful or shown to be unreliable. India Law Library Docid # 2432575
(869) NANU RAM Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-09-2025 Service Law — Regular Second Appeal — Fixation of Seniority and Retiral Benefits — Appellant, a police constable, challenged an order sending him for training, arguing it was a reversion and affected his seniority and retiral benefits. Lower courts dismissed his suit as time-barred and finding his promotions, seniority, and retiral benefits correctly fixed. The High Court upheld the lower courts' decisions. India Law Library Docid # 2432576
(870) MAGMA HDI GENERAL INSURANCE COMPANY Vs. ANUP SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 08-09-2025 Motor Vehicles Act, 1988 — Sections 168, 173 — Compensation — Assessment of — Permanent Disability — Claimant, a 24-year-old, lost his left leg below the knee in an accident and was aspiring to join the CRPF — Tribunal assessed his disability at 100% — Insurance Company argued disability was only 60% of the limb — Court held that disability should be assessed based on its impact on earning capacity and life amenities, India Law Library Docid # 2432577
(871) SUKHWINDER SINGH Vs. UNION OF INDIA[PUNJAB AND HARYANA HIGH COURT] 08-09-2025 Constitution of India, 1950 — Article 20(3) — Protection against testimonial compulsion — Admission of guilt induced by promise of pardon — Such admission obtained under inducement and undue influence cannot form sole basis of punitive action and violates Article 20(3). India Law Library Docid # 2432578
(872) SANA AFTAB Vs. MOHTASHEM BILLAH MALIK[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2025 Guardian and Wards Act, 1890 — Custody of minors — Paramount consideration for courts must be the welfare of the minor — This welfare is to be interpreted in its widest sense, encompassing moral and physical well-being, and considering the ties of affection. India Law Library Docid # 2432549
(873) SHREE ARIHANT OIL AND GENERAL MILLS Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT] 08-09-2025 Goods and Services Tax Act, 2017 — Section 54 — Refund of Input Tax Credit — Notification No. 09/2022-Central Tax (Rate) dated 13.07.2022 made goods under HSN Code 1514 ineligible for refund due to inverted duty structure from 18.07.2022 — Petitioner claimed refund for period prior to 18.07.2022 — Circular No. 181/13/2022-GST dated 10.11.2022 incorrectly restricted refund to applications filed before India Law Library Docid # 2432723
(874) SANJAY KUMAR Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 08-09-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial Evidence — Conviction based on solely circumstantial evidence requires strict adherence to five golden principles laid down in Sharad Birdhichand Sarda vs. State of Maharashtra — Prosecution failed to establish a complete chain of evidence, prove the "last seen" theory, or substantiate the revenge motive with documentary evidence — Key witnesses had contradictions and one turned hostile, undermining the prosecution's case — Convictio India Law Library Docid # 2432724
(875) ANUPAMA MODI Vs. SUBODH MODI[RAJASTHAN HIGH COURT] 08-09-2025 Hindu Marriage Act, 1955 — Section 13 and Section 19 — Divorce petition jurisdiction — Rejection of plaint/petition — Proper consideration is on the pleadings in the petition itself, not on external evidence or reply — Court should not reject a petition based on averments in the reply or written statement at the initial stage — Ambiguity in reply should be clarified during trial through evidence — Appellant’s residence issue India Law Library Docid # 2432725
(876) GURDEV SINGH @ GENDU Vs. STATE[RAJASTHAN HIGH COURT] 08-09-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Conviction challenged — Delay in lodging FIR — Complainant not an eyewitness — Statement based on information from another witness — Absence of medical evidence proving cause of death consistent with prosecution's version — Trial court convicted based on unreliable evidence — Judgment unsustainable in law. India Law Library Docid # 2432726
(877) SHANTARAMA HEDGEKATTE AND OTHERS Vs. SRI. SRINIVAS AND OTHERS[KARNATAKA HIGH COURT] 08-09-2025 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Filing of Written Statement — Time Limits — The provision regarding the time limit for filing a written statement is procedural and directory, not mandatory — Courts have the power to accept written statements filed beyond the prescribed time, especially when the delay is not due to dilatory tactics by the defendant or causing significant inconvenience to the court or the plaintiff. India Law Library Docid # 2432737
(878) SMT. SHALINI AND OTHERS Vs. SRI SRINIVASA AND OTHERS[KARNATAKA HIGH COURT] 08-09-2025 Karnataka Stamp Act, 1957 — Article 41(e) and Article 41(eb) — Stamp Duty on Power of Attorney — Court erred in demanding stamp duty and penalty on a Power of Attorney executed between family members where no consideration was paid and the document was executed prior to the amendment that introduced stamp duty for such gratuitous family powers of attorney. The admissibility of a document for stamp duty India Law Library Docid # 2432738
(879) SRI. DASHARATHA Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 08-09-2025 Karnataka Co-operative Societies Act, 1959, Section 28A(5) — Administrator Appointment — Deeming fiction — Not absolute without a specifically named administrator. — Court ruled that an administrator does not automatically assume charge under Section 28A(5) without a formal order naming the individual. A register of upcoming board term expirations should be maintained by the Registrar of Co-operative Societies to facilitate timely appointments. India Law Library Docid # 2432777
(880) PEDURU VYASAYA SEVA SAHAKARA Vs. STATE OF KARNATAKA[KARNATAKA HIGH COURT] 08-09-2025 Karnataka Co-operative Societies Act, 1959 — Section 70 — Election disputes — Aggrieved party — Where election results are announced after allowing votes cast by delegates whose eligibility was previously in question, any party aggrieved by the decision has the liberty to file necessary proceedings under Section 70 of the Karnataka Co-operative Societies Act, 1959 India Law Library Docid # 2432778