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(961) SHRI PUNDLIK DAGU HOLGADE AND OTHERS Vs. SHRI PANDURANG KASHINATH HIRE (SINCE DECEASED THROUGH LEGAL HEIRS) AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Sale with Condition to Repurchase — Determination of Nature of Transaction — The intention of the parties is the determining factor, primarily gathered from the recitals and language of the document itself — If the language of the document is plain and unambiguous, it must be given its true legal effect based on the nature of the India Law Library Docid # 2436976
(962) M/S. AFSANA ENTERPRISES THROUGH PROPRIETOR MR. JAFFER MOHD. SAMI KHAN AND OTHERS Vs. THE ASSISTANT MUNICIPAL COMMISSIONER AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Bombay Municipal Corporation Act, 1888 — Section 351 — Unauthorized construction — Challenge to notice and speaking order confirming unauthorized nature of commercial structures — Duty to prove existence prior to datum line (01.01.1961) — Appellants, claiming occupancy as tenants, relied on stray, vague, and insufficient documents (rent receipts from 1990s/2000s, and recent electricity India Law Library Docid # 2436977
(963) SATISH KUMAR Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 11-12-2025 Land Acquisition Act, 1894 — Sections 18 and 19 — Omission of land details in Objection Petition — Correction of Objections — Application under Sections 151-153 CPC for correction of inadvertently omitted Killa numbers in Section 18 objection petition, filed after Reference Court and First Appeal proceedings, must be allowed — Section 18 does not mandate landowner to provide specific land details, India Law Library Docid # 2436946
(964) M/S R.C. SOOD & COMPANY LTD. Vs. INDRA SETHI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 11-12-2025 Civil Procedure Code, 1908 (CPC) — Order 2 Rule 2 — Bar to subsequent suit for specific performance — Distinction between suit for Permanent Injunction and Specific Performance — Earlier suit for declaration/injunction filed in 1985 based on apprehension of alienation (distinct cause of action) — Earlier Courts upheld that claiming specific performance in 1985 would be premature due to statutory India Law Library Docid # 2436947
(965) KRISHNA MANDADI Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 11-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of First Information Report (FIR) and consequential proceedings — Offence under Indian Penal Code (IPC), 1860, Section 304-A (Causing death by negligence) — Allegation against Managing Director and Engineer of a construction company after a child drowned in a pothole at the construction site — Absence of prima facie case — Principles governing quashing of FIRs enunciated in State of Haryana vs. India Law Library Docid # 2437113
(966) MITARAM Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 11-12-2025 Penal Code, 1860 (IPC) — Section 302 — Conviction challenged — Homicidal death established through medical evidence (Postmortem report, medical officer testimony) — Cause of death: Hemorrhagic shock due to severe head injury caused by "axe" (sharp and heavy object) — Eyewitness testimony: PW4 (mother of deceased) testified that the accused (father) assaulted the deceased (son) on the head with an axe following a quarrel over money demand — Corroboration: Circumstantial evidence, including seizu India Law Library Docid # 2437114
(967) ABDUL RAHMAN ABDUL RAZZAQUE AND OTHERS Vs. CHOTI MASJID TRUST[BOMBAY HIGH COURT (AURANGABAD BENCH)] 11-12-2025 Waqf Act, 1995 — Section 69 — Waqf Scheme — Interpretation and Clarification of ambiguous clauses (8 C and 8 D) for conducting elections — Need for Standard Operational Procedure (SOP) pending Scheme modification — Where the existing scheme framed by the Joint Charity Commissioner is ambiguous regarding the electoral process (specifically clauses 8 C and 8 D), the High Court may provide clarification to ensure free and transparent elections until the Waqf Board modifies the Scheme, despite India Law Library Docid # 2437120
(968) MS XAMI DHA TIRAKITA KAYE Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 11-12-2025 Citizenship Act, 1955 — Section 3(1)(c)(ii) — Citizenship by birth — Requirement that one parent is a citizen of India and the other parent is not an “illegal migrant” at the time of birth — Petitioner (child) born in India on 24.01.2018; mother is an Indian citizen, father is a British National — Dispute whether the father was an “illegal migrant” on the date of birth — Father was convicted for overstaying previously but was granted permission by the Ministry of External Affairs/FRRO to stay in India Law Library Docid # 2437180
(969) UNION OF INDIA AND ANOTHER Vs. SMTI KRISHNA DEVI @ SABITRI DEVI[GAUHATI HIGH COURT] 11-12-2025 Arbitration Act, 1940 — Section 30 (Setting aside award) — Limitation — Application to set aside an award must be filed within 30 days from the date of service of notice of the filing of the award (Article 158 of Limitation Act, now Article 119(b) of Limitation Act, 1963) — An application under Section 30 filed beyond the period of limitation India Law Library Docid # 2437276
(970) ILLIYAS MANGROO SHAIKH Vs. BOMBAY ELECTRICITY SUPPLY AND TRANSPORT UNDERTAKING AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Electricity Act, 2003 — Sections 127(2), 127(6) and 62(6) — Interest on Statutory Pre-deposit — Unauthorised use of electricity — Appeal against assessment — Requirement to deposit 50% of assessed amount (pre-deposit) — Assessment set aside in appeal — Consumer's right to interest on the pre-deposit amount — Section 127(2) mandatory deposit is a pre-condition for appeal, not a voluntary payment or India Law Library Docid # 2436975
(971) ASHISH KUMAR PANDEY Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 20(b)(ii)(C) — Conviction and Sentencing — Appeal against conviction — Link Evidence — Failure of prosecution to establish integrity of seized material and sample collection process — Contradictions regarding preparation time of three critical panchnamas (Taul Panchnama Ex.P-11, Samras Panchnama Ex.P-13, and Sample India Law Library Docid # 2437533
(972) BHANWAR SINGH Vs. RAMESH KUMAR SABU AND OTHER[RAJASTHAN HIGH COURT] 11-12-2025 Motor Vehicles Act, 1988 — Section 163-A — Claim for compensation on structured formula basis — Nature of liability — Section 163-A establishes a "No Fault Liability" regime, intended as a speedy and effective social security scheme, overriding other provisions of the Act — Claimants are not required to plead or prove any wrongful act, neglect, or default (negligence) of the vehicle owner or driver for compensation. India Law Library Docid # 2437562
(973) KAILASH RAM Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 11-12-2025 Criminal Procedure — Quashing of First Information Report (FIR) — Scope of inherent powers of High Court (Section 528 of Bharatiya Nyayik Suraksha Sanhita, 2023, corresponding to Section 482 of Cr.P.C.) — Inherent power to quash an FIR must be exercised sparingly, only when no offence is disclosed, the report is filed with malice, or the proceeding amounts to an abuse of the criminal process — Where the police have concluded the investigation and filed a closure report (FR) before the competent India Law Library Docid # 2437776
(974) VASHRAMBHAI SHAMJIBHAI BARAIYA AND OTHERS Vs. L H OF DECD. NARANBHAI DEVABHAI SADADIYA AND OTHERS[GUJARAT HIGH COURT] 11-12-2025 Mamlatdar Courts Act, 1906 — Section 5 — Right of Way — Obstruction — Scope of Mamlatdar's jurisdiction — Mamlatdar found obstruction on pathway traditionally used by petitioners (agriculturists) and their forefathers for access to their land (Survey No. 116) and found no alternate way based on spot inspection, panchkyas (inspection report), and neighbor statements — Deputy Collector, in revision, despite DILR India Law Library Docid # 2437821
(975) SHEETAL CHANDRAKANT KUNJIR Vs. CHANDRAKANT TUKARAM KUNJIR AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Protection of Women from Domestic Violence Act, 2005 — Section 2(f) — 'Domestic relationship' and 'relationship in the nature of marriage' (Live-in Relationship) — Petitioner married Respondent No. 1 (who was already married to Respondent No. 2) — Issue is whether such a relationship, entered into with knowledge of the male partner's existing marriage, qualifies as a 'relationship in the India Law Library Docid # 2437953
(976) SELLAMMAL Vs. PALANISAMY AND OTHERS[MADRAS HIGH COURT] 11-12-2025 Hindu Succession Act, 1956 — Sections 6, 8, 15 — Partition Suit — Inheritance of Ancestral/Self-Acquired Property — Daughter's Coparcenary Rights — Ouster of Co-heir/Co-owner — Sale Deed by Co-owner — Suit Properties consisting of 2 Acre 60 Cents purchased via Sale Deed (1940) and 92 Cents for which documents were unavailable — Evidence (1959 Sale Deed of other property) indicated father had ancestral properties and was farmer — Court inferred 1940 purchase was using India Law Library Docid # 2438127
(977) MOHAN Vs. STATE REP BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 11-12-2025 Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 5(n) read with Section 6 — Aggravated penetrative sexual assault — Conviction confirmed — Accused (father) convicted for sexually assaulting his minor daughter (PW1), aged 12 years — Evidence of victim (PW1), corroborated by testimony of school social teacher (PW10) and child helpline volunteer (PW2), accepted — Delayed complaint not fatal as victim feared her father, informing school teacher first India Law Library Docid # 2438128
(978) KAMBALA BAPIRAJU Vs. THE INDIAN OVERSEAS BANK AND OTHERS[MADRAS HIGH COURT] 11-12-2025 Banking Law — Wilful Defaulter — Reserve Bank of India (RBI) Circulars — Classification of a Non-whole Time/Non-executive Director as a Wilful Defaulter — RBI Master Circular on Wilful Defaulters (DBR.No.CID.BC.57/20.16.003/2014-15 dated 01.07.2014) mandates that a non-whole time director should not be considered a wilful defaulter except in "very rare cases," unless it is "conclusively established" that (i) they were aware of the wilful default via board or committee minutes and failed to India Law Library Docid # 2438129
(979) SRI BULU JENA Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 11-12-2025 Odisha Excise Rules, 2017 — Rule 26 and Rule 53(5) — Odisha Excise Act, 2008 — Section 41(1) — Direction to shift an excise shop during its currency — Superintendent of Excise lacks authority to issue such direction — Power to fix and shift shop premises lies with the Collector, involving a specific procedure and approval from the Excise Commissioner — Action by Superintendent without India Law Library Docid # 2438169
(980) M/S PRAMUR HOMES AND SHELTERS A PARTNERSHIP FIRM Vs. THE UNION OF INDIA AND OTHERS[KARNATAKA HIGH COURT] 11-12-2025 Goods and Services Tax Act, 2017 — Section 73 & 74 — Show Cause Notice — Clubbing of multiple tax periods — Held illegal and impermissible — The law requires each financial year to be assessed independently, and a consolidated notice for multiple years violates statutory framework and leads to jurisdictional illegality. India Law Library Docid # 2438337