(921) KARNAIL SINGH Vs. RANDHIR SINGH[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Specific Relief Act, 1963 — Section 28 — Rescission of Contract — Application for rescission is a stringent remedy and should be used cautiously — Especially when suits for specific performance take years to decide, rescission should only be granted if the situation strictly falls within the parameters of Section 28 and the decree holder is found to be remiss — This power is to be exercised sparingly and not merely at the India Law Library Docid # 2433887
(922) PRITAM SINGH Vs. DARSHAN LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Punjab Courts Act, 1918, Section 41 — Scope of — Second appeals in Punjab and Haryana are treated as appeals under Section 41 of the Punjab Courts Act, 1918, not under Section 100 CPC — No question of law is required to be framed in such appeals. India Law Library Docid # 2433892
(923) STATE OF HARYANA AND ANOTHER Vs. MADAN LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Punjab Courts Act, 1918 — Section 41 — Second Appeal — Scope — In Punjab and Haryana High Court, second appeals are treated as appeals under Section 41 of the Punjab Courts Act, 1918, and not under Section 100 of the Civil Procedure Code, 1908. No question of law is required to be framed for such appeals. India Law Library Docid # 2433893
(924) JASVIR KAUR Vs. PARAMJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Appeals — Regular Second Appeal — Scope — This second appeal concerns whether respondent No. 1 was the legally wedded wife of the deceased and thus entitled to his retiral benefits. The trial court ruled in favor of the appellant (mother of the deceased), but the first appellate court allowed the appeal of respondent No. 1. The High Court found the first appellate India Law Library Docid # 2433894
(925) PUNJAB STATE WAREHOUSING CORPORATION Vs. M/S HANUMAN INDUSTRIES[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Section 34 — Interest — Award of interest pendente lite and post-decree is discretionary, governed by Section 34 of CPC, irrespective of contract — Court has discretion to grant reasonable interest, not exceeding contractual rate in commercial transactions, but must be judicious and for reasons, not arbitrary. India Law Library Docid # 2433895
(926) JYOTIBEN WD/O LALITBHAI VITTHALBHAI PATEL AND OTHERS Vs. DEPUTY ENGINEER AND ANOTHER[GUJARAT HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal — Enhancement of compensation — Appeal filed challenging judgment and decree for compensation — Issue before the court is only the assessment of income of deceased for calculating compensation — Other aspects like occurrence and negligence not under challenge in this appeal. India Law Library Docid # 2434146
(927) HARIOMDAS GOVINDDAS BAINADE Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT (AURANGABAD BENCH)] 01-10-2025 Penal Code, 1860 (IPC) — Sections 302 and 309 — Murder and Attempt to commit suicide — Circumstantial evidence — When direct eye-witness testimony is unavailable or unreliable, the prosecution must establish a complete chain of circumstances consistent solely with the guilt of the accused, excluding all other reasonable hypotheses. India Law Library Docid # 2434378
(928) DIKSHANT @ DADU DEVIDAS SAPKALE Vs. THE STATE OF MAHARASHTRA AND OTHER[BOMBAY HIGH COURT (AURANGABAD BENCH)] 01-10-2025 Constitution of India, 1950 — Article 22(5) — Preventive Detention Order — Communication of grounds and documents — Requirement for effective representation — Detenu must understand language of grounds and documents — Failure to provide translation of crucial documents in a language understood by the detenu (Marathi) violates constitutional right to make effective representation. India Law Library Docid # 2434379
(929) KU. ANUSHKA RAJENDRA WANKHADE Vs. SCHEDULE TRIBE SCRUTINY COMMITTEE, YAVATMAL AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 01-10-2025 Scheduled Tribes — Caste Claim Verification — Pre-Independence Documents — Greater Probative Value — Scrutiny Committee rejected numerous pre-independence documents supporting the caste claim of "Thakur" Scheduled Tribe petitioners, including sale deeds, lease deeds, and birth and school records, primarily based on a second vigilance report obtained years after the first which was favorable. The Court India Law Library Docid # 2434526
(930) VASDEV (SINCE DECEASED) THROUGH LRS AND OTHERS Vs. HARKRISHAN SINGH (SINCE DECEASED) THROUGH LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-09-2025 Civil Procedure Code, 1908 (CPC) — Order 21 Rule 95 — Possession of court auction purchaser — Sale certificate is evidence of title, not creator of title — Title vests in auction purchaser upon confirmation of sale — Plaintiff became absolute owner upon confirmation of auction sale. (Paras 15, 16, 17, 29) India Law Library Docid # 2433929
(931) KULWANT SINGH SAINI Vs. JASPREET SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-09-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Pleadings — Liberal approach — Courts should be liberal in allowing amendments if not allowing would cause irreparable loss, to subserve the cause of justice and avoid further litigation. India Law Library Docid # 2433877
(932) GULSHAN KUMAR VERMA Vs. CHARANVEER SINGH DANDASS[PUNJAB AND HARYANA HIGH COURT] 30-09-2025 East Punjab Urban Rent Restriction Act, 1949 — Section 13 — Eviction petition — Application for recalling witnesses for further cross-examination — Dismissal of application upheld — Tenant's attempts to delay proceedings through multiple amendment applications and application for recalling witnesses found to be lacking merit — Rent Controller's finding that the application was made solely to delay proceedings India Law Library Docid # 2433878
(933) PANKAJ KALIA Vs. HARBHAJAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-09-2025 Constitution of India, 1950 — Article 227 — Civil revision — Challenging order allowing application for additional evidence — Held, High Court may interfere if Civil Judge's decision is perverse or suffers from material illegality/irregularity. India Law Library Docid # 2433879
(934) UT OF J&K Vs. MOHD. ANAS AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 30-09-2025 Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1988 — Section 37 — Bail — Conditions for bail — Grant of bail discretionary — Cumulative reading of Section 37 is imperative to determine if reasonable grounds exist to believe accused is not guilty — Accused failed to establish reasonable grounds for belief that he is not guilty — Evidence on record indicates accused's involvement in illegal trafficking — India Law Library Docid # 2434110
(935) MOHD. IMRAN Vs. J&K BOARD OF PROFESSIONAL ENTRANCE EXAMINATION AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 30-09-2025 Education Law — Admission to Professional Courses — Reservation Policy — Manipulation of Merit — Allocation of single seat under a reserved category in MDS Course for UT of Ladakh — Petitioner with higher merit denied admission due to adoption of rotational policy by BOPEE between ST Kargil and ST Leh — Held, rotational policy for odd/fractional seats of contiguous categories is permissible only India Law Library Docid # 2434111
(936) JARNAIL MASIH Vs. STATE[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 30-09-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(c)/15(c) — Illegal possession of commercial quantity of poppy straw — Conviction and sentence appeal — Appellant asserted innocence and claimed false implication, alleging no evidence of conscious possession of contraband — Contended procedural safeguards were disregarded and findings suffered from grave infirmities — Prosecution stated appellant was found with commercial quantity of poppy straw concealed in truck he India Law Library Docid # 2434112
(937) CHAMPION AGRO LTD. AND OTHERS Vs. KOTAK MAHINDRA BANK LTD. AND OTHERS[GUJARAT HIGH COURT] 30-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Proceedings — Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Substitution of Complainant — Assignment of Debt — Court can permit substitution of complainant even at post-cognizance stage if it does not amount to an incurable irregularity — Assignment deed allowing assignee bank to continue legal proceedings is a valid ground for substitution. India Law Library Docid # 2434147
(938) MOTIBEN DUDABHAI Vs. ARJANBHAI MUNJABHAI AND OTHERS[GUJARAT HIGH COURT] 30-09-2025 Motor Vehicles Act, 1988 — Motor Accident Claims Tribunal — Liability of Insurance Company — Previous judgment binding — A prior judgment in related motor accident claims cases, which was not appealed, is binding on subsequent claims concerning the same accident due to the principle of Res Judicata, even if the claimants are different. The Insurance Company cannot raise issues that were or ought to have been decided in the prior proceedings, particularly regarding the driver's license. India Law Library Docid # 2434148
(939) JYOTIBEN Vs. RAVIKANT[GUJARAT HIGH COURT] 30-09-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope — High Court cannot re-appreciate evidence in a second appeal and interfere with concurrent findings of fact by lower courts unless findings are erroneous, contrary to law, based on inadmissible evidence, or without evidence. India Law Library Docid # 2434149
(940) GULMAMADBHAI ISMAILBHAI PATANI Vs. PRITESHBHAI RAMESHCHANDRA BHATT[GUJARAT HIGH COURT] 30-09-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Grounds for — Failure to prove ownership and possession by plaintiff established by concurrent findings of lower courts — Appeal dismissed as devoid of substantial questions of law. India Law Library Docid # 2434150