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(861) XXX Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 10-07-2025
Constitution of India, 1950 — Article 226 — Medical Termination of Pregnancy Act, 1971 — Medical Termination of Pregnancy Rules, 2003 — Termination of unwanted pregnancy (approx. 23 weeks) resulting from sexual assault — Petitioner, having recently attained legal adulthood, seeks medical assistance for termination — Board of doctors’ report indicates no substantial risk to mother’s health and foetal age of 23 weeks — Case falls within categories for termination up to 24 weeks,
India Law Library Docid # 2427748

(862) GANESH CHAUHAN AND OTHERS Vs. STATE OF BIHAR[PATNA HIGH COURT] 10-07-2025
Criminal Law - Murder (Section 302 IPC) and Attempted Murder (Section 307 IPC) - Common Intention (Section 34 IPC) - Arms Act, 1959 (Section 27) - Evidentiary Value of Witness Testimony - Appreciation of Evidence - Conviction upheld where there is consistent ocular evidence from eyewitnesses (including injured witnesses) corroborated by medical evidence, proving the guilt of the accused beyond a reasonable doubt.
India Law Library Docid # 2427749

(863) ROSILY ANTONY Vs. STATE OF KERALA[KERALA HIGH COURT] 10-07-2025
Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P) Act) — Section 3(1) — Preventive Detention — Non-Application of Mind by Detaining Authority — Subjective Satisfaction — Verbatim Reproduction of Sponsorship Report — The detaining authority’s subjective satisfaction must be based on proper, independent consideration of all relevant materials, not merely mechanical reproduction of police
India Law Library Docid # 2427750

(864) BHUBNESHWAR MAHTO Vs. KUMARI NAMIA[JHARKHAND HIGH COURT] 10-07-2025
Hindu Adoptions and Maintenance Act, 1956 — Section 7 — Requisites of valid adoption — Capacity of male Hindu to take in adoption — Consent of wife — Mandatory nature — A male Hindu with a living wife cannot adopt without her consent unless she has renounced the world, ceased to be a Hindu, or been declared of unsound mind by a court — The burden of proving these exceptional circumstances to
India Law Library Docid # 2427751

(865) KRISHNABA FATESANG RATHOD Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 10-07-2025
Criminal Procedure Code, 1973 — Section 482 — Anticipatory Bail — Abetment of Suicide (S. 306 IPC) — Cruelty (S. 498A IPC) — In a case where a young lady committed suicide due to alleged continuous torture and harassment by her in-laws and husband, the High Court emphasized that grant of anticipatory bail in serious cases requires careful consideration of the nature and gravity of the offence, and the
India Law Library Docid # 2427752

(866) KISHOREBHAI JARAMBHAI MALVIYA AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 10-07-2025
Gujarat Town Planning and Urban Development Act, 1976 — Sections 48-A, 67, 68, 70, 71 — Gujarat Town Planning and Urban Development Rules — Rule 33 — Town Planning Scheme — Removal of encroachment — Notice to vacate property — Challenge to preliminary town planning scheme and notices for removal of encroachment — Petitioners claiming ownership of residential houses on disputed land (allegedly ‘khadi’ or creek land) located in an area falling within the Surat
India Law Library Docid # 2427753

(867) SHIV SHANKAR Vs. STATE THROUGH PROSECUTION BRANCH[DELHI HIGH COURT] 10-07-2025
Criminal Procedure Code, 1973 — Section 372 — Appeal against acquittal —Penal Code, 1860 — Section 306 — Abetment of suicide — Essential ingredients — The most essential ingredient for an offense under Section 306 IPC is “abetment,” as defined in Section 107 IPC — Abetment requires instigation, encouragement, or intentional aiding of an act leading to suicide — Mens rea (guilty mind) is a necessary component of instigation — For “instigation,” a situation must be created, either through acts, om
India Law Library Docid # 2427754

(868) RAM NIWAS SAHU Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 10-07-2025
Service Law – Time-Bound Pay Scale – Entitlement – Shiksha Karmi (Teacher) – Eligibility Criteria – Minimum Qualifying Service – Appointment Date – Clarifications/Circulars – Retrospective Cancellation – Effect.

The petitioner, appointed as Shiksha Karmi Grade-II on May 29, 2009, sought a time-bound pay scale benefit. The relevant circulars for such benefits were analyzed, particularly a circular dated November 2, 2011, which granted time-bound pay scales after 12 years of service, and its sub
India Law Library Docid # 2427755

(869) RAJA KATRA PVT LTD. Vs. PRANAY CHAND MAHATAB AND OTHERS[CALCUTTA HIGH COURT] 10-07-2025
Civil Procedure Code, 1908 — Order 8 Rule 6A(1) Proviso; Order 8 Rule 6A(2); Order 8 Rule 6A(4) — Counter-claim — Maintainability — Pecuniary Jurisdiction — A counter-claim, despite being part of a written statement, is essentially treated as a cross-suit and a plaint for all purposes, and thus must adhere to the pecuniary jurisdiction of the court where it is filed — If the value of the counter-claim falls below the lowest pecuniary limit of the court’s jurisdiction on the date of its filing, i
India Law Library Docid # 2427756

(870) ASIM KUMAR SAMANTA Vs. INSTITUTE OF STEEL DEVELOPMENT AND GROWTH (INSDAG) AND OTHERS[CALCUTTA HIGH COURT] 10-07-2025
Civil Procedure Code, 1908 – Order 39, Rules 1 & 2 – Injunction – Disciplinary Proceedings – Stay of – Principles of granting injunction – A court must consider (i) a prima facie case, (ii) irreparable injury, and (iii) the balance of convenience – Where the fundamental legal validity of an HR Manual, underpinning disciplinary proceedings, is challenged due to alleged lack of proper Executive Council approval and non-registration under the West Bengal Societies Registration Act, 1961, and
India Law Library Docid # 2427757

(871) SRI PRADIPTA KR. SARKAR Vs. SHEFALI SARKAR AND OTHERS[CALCUTTA HIGH COURT] 10-07-2025
Succession Act, 1925 – Section 63 – Evidence Act, 1872 – Section 68 – Execution of Will – Proof – Scribe’s Signature/Date – Discrepancy – When the scribe’s date of signature on a Will appears subsequent to the date of execution, but is attributable to erroneous dating during later notarization where the scribe also acts as an identifier, and where the Will otherwise lacks dates against the testator’s and attesting witnesses’ signatures, such a discrepancy is a plausible explanation and does not
India Law Library Docid # 2427758

(872) OIL AND NATURAL GAS CORPORATION LIMITED Vs. JINDAL DRILLING AND INDUSTRIES LIMITED[BOMBAY HIGH COURT] 10-07-2025
Arbitration and Conciliation Act, 1996 — Section 16 — Competence of Arbitral Tribunal to rule on its jurisdiction — ‘Group of Companies’ Doctrine — Remand of proceedings — Supreme Court’s directives — When an Arbitral Tribunal errs by not deciding an application for discovery of documents before ruling on jurisdiction, and a higher court remands the matter for fresh consideration (including discovery and fresh evidence), the primary objective of such remand is fulfilled once the
India Law Library Docid # 2427759

(873) TUKARAM MORABA JAUNJAL (SINCE DECEASED) THROUGH LRS Vs. MANGALA BALKRISHNA PATWARDHAN[BOMBAY HIGH COURT] 10-07-2025
Constitution of India, 1950 — Article 227 — Eviction — Non-user of premises — Scope of High Court’s supervisory jurisdiction — High Court, in exercising supervisory jurisdiction under Article 227, cannot re-appreciate evidence or correct mere errors of fact; it cannot convert itself into a Court of Appeal — Its function is to ensure that subordinate courts and tribunals act within their authority — Concurrent fi
India Law Library Docid # 2427760

(874) LUKKA VENKATESWARA RAO Vs. MANDAMALA RAMESH BABU[ANDHRA PRADESH HIGH COURT] 10-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — The right to appeal is regulated by law, and a second appeal under Section 100 CPC can only be admitted if a substantial question of law arises between the parties. A “substantial question of law” materially affects the parties’ rights and is either an open question, not settled by superior courts, or presents difficulty requiring discussion of alternative views. The High Court, in a second
India Law Library Docid # 2427761

(875) SUCHITRA BETIJI AND OTHER Vs. VAGISH KUMAR AND OTHER[RAJASTHAN HIGH COURT] 10-07-2025
Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Temporary Injunction — Interim Relief — Dispute over property rights and religious practices within a family involving a temple/haveli — Petitioners sought to restrain respondents from consecrating an idol and altering the property’s residential character — Trial Court and Appellate Court denied interim relief — High Court, while acknowledging the
India Law Library Docid # 2427745

(876) DALAM CHAND AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 10-07-2025
Constitution of India, 1950 – Articles 14, 16, 227 – Public Employment – Contractual Employees – Pay Parity – Regularization of Service – Equal Pay for Equal Work – Whether contractual employees of government department, performing duties identical to permanent employees for over two decades, are entitled to pay scale revisions and other service benefits (increments, GPF, State Insurance) on par with permanent government employees, despite initial contractual terms and specific
India Law Library Docid # 2427746

(877) SUNIL KUMAR GUPTA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 09-07-2025
Rights of Persons with Disabilities Act, 2016 — Section 20(4) — Non-discrimination in employment — Employee acquiring disability during service — Entitlement to salary and service benefits — Court held that Section 20(4) protects employees who acquire disability during service irrespective of whether they are partially or completely disabled, ensuring they are shifted to suitable posts or kept on supernumerary posts with same pay and benefits until superannuation or availability of a suitable po
India Law Library Docid # 2428610

(878) ARCHANA GUPTA @ BHARTI Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 09-07-2025
Penal Code, 1860 (IPC) — Sections 420, 406, 120B — Cheating, Criminal Breach of Trust, Criminal Conspiracy — Quashing of FIR — Scope of interference under Section 528 of BNSS is limited — Interference is justified only when no cognizable offense is made out, FIR is mala fide, or lacks legal basis — Petitioner sought to quash FIR related to a property deal dispute alleging non-performance of an agreement to sell and non-disclosure of litigation
India Law Library Docid # 2428611

(879) PREM KISHAN Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 09-07-2025
Penal Code, 1860 (IPC) — Section 353 — Assault or criminal force to deter public servant from discharge of his duty — Evidence — Deterrence and prevention of public servant from discharging official duty — Sufficient material on record to establish guilt.
India Law Library Docid # 2428757

(880) BUDA RAM Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 09-07-2025
Criminal Procedure Code, 1973 - Sections 397, 401 - Revision Petition - Appeal against acquittal - Court should be slow to interfere with a well-reasoned judgment of acquittal - Acquittal judgment should only be interfered with if it's based on complete non-consideration of evidence, against law, or misappreciation of evidence. If two views are possible, the one favouring the accused should be followed
India Law Library Docid # 2428758