(901) SH. TARUN DUTTA Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 04-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 125(4) — Maintenance — Entitlement of wife leaving matrimonial home — Husband’s liability to maintain wife and children is statutory — However, a wife is not entitled to maintenance if she leaves the matrimonial home without sufficient reason — "Sufficient reason" is to be determined based on the specific facts and circumstances of each case. India Law Library Docid # 2433122
(902) FARHANA BEGUM AND ANOTHER Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 04-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR and proceedings — Juvenile Justice Act, 2015 — Section 75 — Child Labour (Prohibition and Regulation) Act, 1986 — Section 14 — Penal Code, 1860 (IPC) — Sections 370(4), 34 — For quashing FIR and chargesheet, it must be shown that no prima facie case is made out against the accused or that the proceedings amount to abuse of process of court India Law Library Docid # 2433123
(903) NIRANJAN PRASAD SINGH AND OTHERS Vs. STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 04-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 340 — Inquiry into false evidence — When a complaint is filed indicating that witnesses who were declared hostile and led to acquittal did not actually depose, and the court finds prima facie evidence of impersonation and conspiracy, an inquiry under Section 340 Cr.P.C. is warranted India Law Library Docid # 2433393
(904) MD. AKHTAR AND OTHERS Vs. MD. MOKHTAR AND OTHERS[JHARKHAND HIGH COURT] 04-09-2025 Transfer of Property Act, 1882 — Section 5 relevant provisions — Partition Suit — Appeal against judgement of District Judge reversing Civil Judge's decree —Plaintiffs claiming partition of land inherited from father — Trial court decreed suit, granting 2/5th share to plaintiffs — First appellate court reversed, holding no devolution by inheritance and thus no unity of title and possession — Plaintiffs are appellants. India Law Library Docid # 2433394
(905) KISHUN SAO AND OTHERS Vs. STATE OF BIHAR (NOW JHARKHAND)[JHARKHAND HIGH COURT] 04-09-2025 Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial evidence — Dying declaration — Admissibility and reliability — Court must be satisfied that declarant was in a fit state of mind and statement was voluntary — Medical opinion regarding fitness to make statement does not prevail if eyewitnesses state otherwise — Dying declaration can be sole basis for conviction if it inspires confidence, even without India Law Library Docid # 2433395
(906) VANDANA KUMARI Vs. GREESH BABU MATHUR[JHARKHAND HIGH COURT] 04-09-2025 Family Court Act, 1984 — Section 19(1) — Appeal against order of dissolution of marriage — Husband filed for divorce based on cruelty and desertion — Wife did not appear, resulting in ex-parte decree — Wife appealed aggrieved by the ex-parte decree — Court acknowledges husband's second marriage and wife's concession that reunion is unlikely, focusing on children's well-being. India Law Library Docid # 2433396
(907) DEVENDRA SHARMA AND ANOTHER Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 04-09-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Inherent powers of High Court — Quashing proceedings — Abuse of process of law — Securing ends of justice — Powers under this section for quashing proceedings are an exception, not a rule, to be exercised sparingly and with circumspection, not arbitrarily or whimsically. India Law Library Docid # 2433401
(908) MOHIT BATOLA Vs. M/S JAYDEE CAPITAL INFRASTRUCTURE[UTTARAKHAND HIGH COURT] 04-09-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque for insufficiency etc. of funds — Application under Section 482, Cr.P.C. for quashing of proceedings — Court's inherent powers are to be exercised to prevent abuse of process of court or miscarriage of justice — Question of disputed facts regarding dates of cheque presentation and termination of agreement cannot be resolved in Section 482 proceedings, and are to be decided by trial court after appreciation of evidence. India Law Library Docid # 2432338
(909) SMT. ASHA DEVI Vs. MARWARI PANCHAYATI DHARAMSHALA[UTTARAKHAND HIGH COURT] 04-09-2025 Constitution of India, 1950 — Article 227 — Supervisory jurisdiction — High Court powers — Writ petition maintainable only for grave miscarriage of justice or jurisdictional error — Not an appellate jurisdiction — Cannot correct mere errors of fact or law unless they go to the root of jurisdiction. India Law Library Docid # 2432339
(910) M/S. SATYAM CONSTRUCTION Vs. CHIEF CONTROLLING REVENUE AUTHORITY AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Maharashtra Stamp Act, 1958 — Section 47(c)(5) and Section 48(1) — Refund of Stamp Duty — Development Agreement — Cancellation — Limitation Period — Petitioner entitled to refund of stamp duty on a development agreement that was cancelled due to failure of the transaction — Application for refund was made within two years of the cancellation deed, aligning with the proviso to Section 48(1) for such India Law Library Docid # 2432517
(911) VIJAY NARAYAN SAWANT Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Maharashtra Public Trusts Act, 1950 — Section 36(1) — Sanction for sale of immovable property — Conditions for grant — Charity Commissioner must be satisfied that alienation is necessary for the interest, benefit, or protection of the trust — Application seeking permission for sale lacked specific reasons necessitating the sale. India Law Library Docid # 2432520
(912) MAYUR NITIN NAGONKAR Vs. ADDITIONAL COMMISSIONER, KOKAN DIVISION AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Maharashtra Rent Control Act, 1999 — Section 24 — Eviction of licensee — Competent Authority’s jurisdiction limited to determining eviction claims based on expired license agreements — Cannot entertain claims from third parties or adjudicate on different jural relationships — Written license agreements are conclusive evidence of stated facts India Law Library Docid # 2432521
(913) AARTI Vs. PUSHPABEN POPATLAL MODI AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Protection of Women from Domestic Violence Act, 2005 — Section 17, 26 — Right to reside in shared household — Matrimonial home — Right of residence not dependent on title or interest in property — A woman in a domestic relationship has right to reside in shared household regardless of ownership or tenancy — This right overrides other India Law Library Docid # 2432522
(914) KU. RANU Vs. SOUTH EASTERN COALFIELD LIMITED AND OTHERS[CHHATTISGARH HIGH COURT] 03-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Compassionate Appointment — Rejection of application — Petitioner challenged rejection of her application for dependent employment by South Eastern Coalfields Limited (SECL) — Grounds for rejection were delay in filing and petitioner’s name not being in service records — SECL rejected application after petitioner’s brother, initially India Law Library Docid # 2432315
(915) STATE OF MADHYA PRADESH Vs. DILIP SINGH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against acquittal — Appellate court's power to interfere — Appellate court should not interfere with an acquittal unless the trial court's approach is vitiated by manifest illegality or its conclusions are wholly untenable — If two views are possible, the appellate court must favor the accused. India Law Library Docid # 2432527
(916) MUKESH KUMAR SAHU Vs. MUNNALAL AND ANOTHER[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 03-09-2025 Motor Vehicles Act, 1988 — Section 157 — Transfer of Certificate of Insurance — Transfer of ownership of a vehicle automatically transfers the insurance policy in favour of the transferee concerning third-party risks, even if the insurer is not informed or the policy is not formally transferred India Law Library Docid # 2432528
(917) HAMID NARENDRA DABHOLKAR AND OTHERS Vs. SANATAN SANSTHA AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of Proceedings — Bombay High Court as Common High Court — Bombay High Court has jurisdiction to transfer proceedings from a court in Goa to a court in Maharashtra, as both courts are subordinate to it, even when challenged under High Court Rules. India Law Library Docid # 2432533
(918) M/S. SHEIKHUPURA TRANSPORT COMPANY PRIVATE LIMITED THROUGH ITS DIRECTOR AND ANOTHER Vs. JAGJIT SINGH OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 East Punjab Urban Registration Act, 1949 — Section 15(5) — Revision Petition — Powers of High Court — High Court can entertain revision petitions against orders passed by Appellate Authority under the said Act. (Para 1) India Law Library Docid # 2432585
(919) SHRI ANIL KUMAR SHARMA Vs. ADITYA VASHISHTH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Hindu Adoptions and Maintenance Act, 1956 — Sections 3(b), 20, 28, 20(2), 20(3) — Maintenance of children — Father's liability for major son's expenses — Suit filed by major son for maintenance, educational and marriage expenses — Petitioner sought rejection of suit under Order 7 Rule 11 CPC on grounds of cause of action and son being major male child — Trial court dismissed application — High Court held that son's claim cannot be outrightly rejected at initial stage, particularly when father ha India Law Library Docid # 2432586
(920) PRIYA SINGH AND ANOTHER Vs. HEM LATA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Court Fees — Plaintiffs filed suit for declaration and injunction, claiming sale deed was obtained by fraud after taking a loan and executing a mortgage deed — Trial court allowed defendants' application for rejection of plaint for non-payment of ad valorem court fees as per sale consideration — Held, since plaintiffs were executants of the sale India Law Library Docid # 2432587