(961) VINOD JEPH Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-11-2025 Rajasthan Panchayati Raj Act, 1994 — Section 38(1) and 38(3) read with Rule 22 of Rajasthan Panchayati Raj Rules, 1996 — Disqualification of elected member — Mandatory procedure for inquiry not followed — Order of disqualification passed without comprehensive inquiry and opportunity for cross-examination violates principles of natural justice and due process — Such disqualification cannot be based on preliminary findings. India Law Library Docid # 2435178
(962) VIRENDRA GUPTA Vs. SMT. LAXMI DEVI[MADHYA PRADESH HIGH COURT] 06-11-2025 Madhya Pradesh Accommodation Control Act, 1961 — Sections 23, 23-A, 23-D(1), 23-D(3), and 23-J — Eviction of tenant on ground of bonafide need for non-residential purpose — Summary procedure — Landlord falling under special categories (e.g., widow, divorced wife) — Presumption of bonafide need — Section 23-D(3) provides a presumption of bonafide need in favor of the landlord which must be rebutted by the tenant — Where the landlord falls under a special category like a widow (S. 23-J), the proce India Law Library Docid # 2435670
(963) BABULAL SONI (DIED AND DELETED LRS OF APPELLANT) Vs. SMT. PUNAI BAI AND OTHERS[CHHATTISGARH HIGH COURT] 06-11-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Scope of Interference — Appreciation of evidence — When a finding of fact is recorded by the trial court mainly on the appreciation of oral evidence, it should not be lightly disturbed unless the trial court’s approach in appraising the evidence is erroneous, contrary to established principles of law, or unreasonable — Appellate court possesses same powers India Law Library Docid # 2435838
(964) JAWAHAR CHANDRA Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 06-11-2025 Penal Code, 1860 (IPC) — Sections 302 (Murder) and 201 (Causing disappearance of evidence of offence) — Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Principles of Proof — The conviction in a case based on circumstantial evidence must rest upon a complete, cogent, and unbroken chain of circumstances pointing unerringly towards the guilt of the accused, excluding every other hypothesis except the India Law Library Docid # 2435839
(965) ASHOK KUMAR UBRANI Vs. RAMESHWAR PRASAD TIWARI DEAD LEGAL REPRESENTATIVES AND OTHERS[CHHATTISGARH HIGH COURT] 06-11-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — Concurrent Findings of Fact — Where both the Trial Court and the First Appellate Court, upon appreciation of evidence and provisions of law including Section 54 of the Transfer of Property Act, 1882, concurrently hold that the plaintiff is India Law Library Docid # 2435840
(966) SMT. SHARADAMMA AND OTHERS Vs. RANJITH AND OTHERS[KARNATAKA HIGH COURT] 06-11-2025 Motor Vehicles Act, 1988 — Section 14 — Currency of Driving Licences — Grace Period for Renewal — Applicability — The proviso to unamended Section 14 extended the validity of a driving licence by 30 days from its expiry date for the purpose of renewal, meaning the licence continued to be effective for this period — Where the accident occurred within 8 days of the expiration date (Expired on April 16, 2018; India Law Library Docid # 2435884
(967) G. SREEKANTH Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-11-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 482 (read with specific sections of the erstwhile Code of Criminal Procedure, 1973, applicable to anticipatory bail proceedings in this context, although not explicitly mentioned in the operative section 482 reference) — Application for pre-arrest bail under Section 482 BNSS in a case involving alleged offenses under Sections 318(2) and 69 of the Bharatiya Nyaya India Law Library Docid # 2436204
(968) STATE OF A.P. Vs. DONAMPUDI SAMUEL AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-11-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 372, 374(2), 378(4) — Appeal against acquittal — Scope of Appellate Interference — The Appellate Court must bear in mind the presumption of innocence, which is bolstered by the acquittal judgment — Interference is warranted only in exceptional circumstances where the findings are perverse (contrary to evidence), the approach is patently illegal leading to miscarriage of India Law Library Docid # 2436205
(969) NATIONAL INSURANCE CO. LTD. AND OTHERS Vs. TODETI SUBRAMANYAM AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-11-2025 Motor Vehicles Act, 1988 — Section 173 — Motor Accident Claims — Appeal against compensation award — Liability of Insurer — Goods Transport Vehicle carrying passengers — Violation of Policy Conditions — Where Insurer alleges violation of policy conditions (goods vehicle used for passengers) to deny liability, the onus rests on the Insurer to prove such violation — Failure of Insurer to examine the owner of the India Law Library Docid # 2436206
(970) DR. SANJAY GUPTA AND OTHERS Vs. KULDEEP GUPTA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 06-11-2025 Criminal Procedure — Inherent Jurisdiction to Quash Proceedings (Section 482 Cr.P.C.) — Quashing of Complaint and Cognizance Order — Medical Negligence Allegations — A complaint alleging medical negligence and other offenses (Sections 420, 109, 427, 504, 506, 540 RPC) against doctors in a hospital situated in Jammu was filed before a Judicial Magistrate First Class in Mendhar (Poonch District) — India Law Library Docid # 2436269
(971) A.VIVEKANANTHAN Vs. STATE REP. BY INSPECTOR OF POLICE[MADRAS HIGH COURT] 06-11-2025 Penal Code, 1860 (IPC) — Section 302 (Murder) and Section 294(b) (Obscene acts and songs) — Conviction and Sentence — Appeal challenging conviction for rigorous life imprisonment under Section 302 IPC and one month simple imprisonment under Section 294(b) IPC — Case based on motive (husband suspecting wife's fidelity), eyewitness testimony, medical evidence, and evidence of India Law Library Docid # 2436665
(972) WASEEM Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE, KUNIYAMUTHUR POLICE STATION, COIMBATORE.[MADRAS HIGH COURT] 06-11-2025 Penal Code, 1860 (IPC) — Section 302 (Murder) — Conviction challenged in appeal — Evidence rested on circumstantial evidence and testimony of minor child (P.W.3) — Reliability of child witness — P.W.3 (minor daughter) alleged to have seen father throttling mother, but failed to disclose this crucial information immediately to P.W.1 (grandmother) or P.W.2 (aunt) when body was discovered, only India Law Library Docid # 2436666
(973) THANDAVARAYAN (DIED) BY LRS AND OTHERS Vs. PARANIDARAN AND OTHERS[MADRAS HIGH COURT] 06-11-2025 Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Outright/Conditional Sale — Deed (Ex.B1) executed with condition for reconveyance upon repayment of specified amount within 11 years, and restraint on transferring patta before 11 years' expiry or default, qualifies as a 'mortgage by conditional sale' under Section 58(c) — This interpretation is supported by the India Law Library Docid # 2436668
(974) RANGLAL BHUMIJ Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 06-11-2025 Penal Code, 1860 (IPC) — Section 302 (Murder) and Section 304 Part I (Culpable Homicide Not Amounting to Murder) — Alteration of Conviction — Applicability of Exception 4 to Section 300 — Deceased died two days after sustaining a single head injury (fracture and hemorrhage) during a sudden fight following a heated confrontation initiated by the victim's group — Offender (Appellant) acted without premeditation, in a sudden fight, in the heat of passion, and without taking undue advantage (inflic India Law Library Docid # 2437328
(975) SAIFUL ISLAM Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 06-11-2025 Criminal Law — Appeal against Conviction — Offences under Indian Penal Code, 1860, Sections 417 and 376(3) and Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 4 — Requirement of Proof — In a case under the POCSO Act, the prosecution must first establish that the prosecutrix was a "child" (below 18 years) at the time of the alleged offence; for conviction under Section 376(3) IPC, she must be below 16 years — Failure of prosecution to establish minority beyond reasonable India Law Library Docid # 2437329
(976) NEW INDIA ASSURANCE CO. AND OTHERS Vs. RAHIMA KHATUN AND OTHERS[GAUHATI HIGH COURT] 06-11-2025 Motor Vehicles Act, 1988 — Compensation — Contributory Negligence — The Tribunal attributed contributory negligence to both the deceased's motorcycle and the oil tanker (offending vehicle) due to lack of eyewitnesses and ambiguity regarding the manner of accident, despite a police case and charge sheet against the driver of the offending vehicle — Tribunal held both vehicles equally responsible, awarding claimants 50% of assessed compensation — The appellate court upheld the Tribunal’s decision India Law Library Docid # 2437330
(977) MUSTT. PHUL BEGUM Vs. ON THE DEMISE OF ABDUR RAHMAN THR LRS.[GAUHATI HIGH COURT] 06-11-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal (RSA) — Maintainability — Appeal against concurrent judgments and decrees of trial court (eviction suit) and first appellate court (affirming decree) — Applicability of Assam Urban Areas Rent Control Act, 1972 — The decision/order under Section 8 of the Assam Urban Areas Rent Control Act, 1972 (passed in appeal against orders under Sections 4, 5, India Law Library Docid # 2437331
(978) MD. NURUL ISLAM AND OTHERS Vs. ON THE DEMISE OF ABDUR RAHMAN THR. LRS.[GAUHATI HIGH COURT] 06-11-2025 Civil Procedure Code, 1908 (CPC) — Second Appeal (Section 100) — Interference with Concurrent Findings of Fact — Perversity of Finding — While ordinarily the High Court cannot interfere with concurrent findings of fact, it retains jurisdiction under Section 100 to interfere if the findings are perverse, vitiated by applying the wrong tests, based on assumptions/conjectures, or arrived at by ignoring or excluding relevant/admissible material or taking irrelevant/inadmissible material into conside India Law Library Docid # 2437332
(979) NARENDRAKUMAR PUNJABHAI BHANGHI Vs. BABUBHAO KALABHAI BHANGHI AND OTHERS[GUJARAT HIGH COURT] 06-11-2025 Specific Relief Act, 1963 — Section 34 (Proviso) — Suit for Permanent Injunction simpliciter — Maintainability — Where the plaintiff is admittedly not in possession of the property, a suit seeking only a decree of permanent injunction (or declaration) without the consequential relief of possession/recovery of possession is barred by the proviso to Section 34 of the Specific Relief Act (analogous to Section 42 of the 1877 India Law Library Docid # 2437921
(980) H.D. LOKESHAIAH DEAD BY LRS. Vs. SPECIAL LAND ACQUISITION OFFICER AND OTHERS[KARNATAKA HIGH COURT] 05-11-2025 Land Acquisition Act, 1894 — Reference to Civil Court (Section 18) — Enhancement of Compensation — Finality of Lis — Doctrine of Finality (Henderson Doctrine) — Where the original claimant withdrew the entire compensation amount redetermined by the Reference Court and did not appeal within his lifetime, the lis attained finality and the claim for inadequacy of compensation cannot generally be re-agitated by legal representatives through a belated appeal India Law Library Docid # 2435929