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(261) SHAHID YOUSUF Vs. NATIONAL INVESTIGATION AGENCY[DELHI HIGH COURT] 23-12-2025
National Investigation Agency Act, 2008 (NIA Act) — Section 21(1), 21(3), 21(4) — Appeal against Order Framing Charge — Maintainability — An appeal lies from any judgment, sentence or order, not being an interlocutory order (Section 21(1)) — Revision is completely barred (Section 21(3)) — The term "interlocutory order" as interpreted under the Criminal Procedure Code (Cr.P.C.), where an Order framing Charge is considered an "intermediate order"
India Law Library Docid # 2437264

(262) SURANJAN SAHA Vs. RUMPA SAHA[DELHI HIGH COURT] 23-12-2025
Family Courts Act, 1984 — Section 19 — Appeal against order of Family Court — Hindu Marriage Act, 1955 — Section 24 — Maintenance Pendente Lite — Interim maintenance order of Rs. 25,000/- each for wife and minor daughter upheld, where Husband's net monthly income was Rs. 1,44,932/-- Family Court did not err in assessing maintenance considering the Husband's substantial admitted income
India Law Library Docid # 2437265

(263) HARJIT SINGH AND OTHERS Vs. SARDAR RAWEL SINGH DEAD THR LRS AND OTHERS[DELHI HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Dismissal of Suit Without Trial — Concealment of Material Facts and Violation of Undertaking — Propriety — Dismissal of a partition suit solely on grounds of Plaintiffs' alleged concealment of material facts (execution of side agreements concerning suit property) and violation of a previous undertaking, without permitting parties to lead evidence and adjudicate substantive claims on merits (title, ownership, share extent) is premature, disproportionate, and leg
India Law Library Docid # 2437266

(264) PROFESSIONAL INSTITUTE OF ENGINEERING AND TECHNOLOGY AND OTHERS Vs. MURTAZA AND OTHERS[CHHATTISGARH HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Challenge to Trial Court's Decree — Recovery Suit for Sale Price — Failure to Prove Jural Relationship or Supply of Goods — The appellant (defendant institute) challenged the decree passed by the trial court in a civil suit for recovery of Rs. 1,85,977/- for supply of paint and other goods; the High Court found that the plaintiff (respondent No. 1) failed to
India Law Library Docid # 2437416

(265) AYODHYA SINGH Vs. HEERAMANI (DIED) THROUGH LRS. AND OTHERS[CHHATTISGARH HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Specific Relief Act, 1963 — Section 34 — Second Appeal — Scope of Relief — Granting Relief Beyond Pleadings and Prayer — Suit for Declaration and Possession — Where plaintiff sought declaration of title and possession only over a small constructed house (45x15 sq. ft.) within a larger area (18 dismil), but the First Appellate Court granted a decree declaring title over the entire 18 dismil of land — Held that granting relief not prayed for in the
India Law Library Docid # 2437417

(266) STATE OF GUJARAT Vs. TUKNA BUDHIYA DAS[GUJARAT HIGH COURT] 23-12-2025
Criminal Law — Murder and Rape — Circumstantial Evidence — Conviction based on circumstantial evidence requires chain of circumstances to be firmly established, unerringly pointing to the guilt of the accused, and incapable of explanation on any other hypothesis other than guilt (Jaharlal Das v. State of Orissa cited) — Suspicion, however strong, cannot take the place of legal proof.
India Law Library Docid # 2437664

(267) ASHOKBHAI DESAIBHAI PATEL Vs. THE SPECIAL SECRETARY (APPEALS) AND OTHERS[GUJARAT HIGH COURT] 23-12-2025
Bombay Land Revenue Code, 1879 — Section 135B — Mutation Entries — Nature and Scope — Mutation entries in revenue records are primarily for fiscal purposes (collection of taxes and revenue) and do not establish, extinguish, or confer legal title or civil rights over property — Title disputes regarding ownership, inheritance, or partition must be resolved exclusively by a competent Civil Court, not by revenue authorities.
India Law Library Docid # 2437665

(268) UNION OF INDIA Vs. GAJANAN RAMBHAU PATIL[GUJARAT HIGH COURT] 23-12-2025
Railway Claims Tribunal Act, 1987 — Section 23 — Appeal against judgment and award of compensation under Railway Claims Tribunal Act, 1987 — Challenge to compensation awarded for injuries sustained by a passenger due to fall from a running train — Tribunal's finding that the incident was an 'untoward incident' under Section 123(c)(2) and did not fall under the exceptions in Section 124-A upheld — Liberal interpretation of beneficial legislation followed.
India Law Library Docid # 2437666

(269) PATEL VINODRAY LALJI BUTANI Vs. UJIBEN LAVJI-DECD. AND OTHERS[GUJARAT HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — A Second Appeal is only maintainable if it involves a substantial question of law — A substantial question of law must be debatable, not previously settled by law or binding precedent, and must have a material bearing on the decision of the case concerning the rights of the parties — Mere application of decided law or appreciation of
India Law Library Docid # 2437667

(270) MAGANBHAI MAVJIBHAI PATEL Vs. TALSHIBHAI LAXMANBHAI VIRADIYA AND OTHERS[GUJARAT HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Maintainability — "Decree" vs. "Order" — An order passed by the District Judge permitting the unconditional withdrawal of a Miscellaneous Civil Application filed under Section 5 of the Limitation Act for condonation of delay in preferring a Regular Civil Appeal is an 'Order' within the meaning of Section 2(14) of CPC, and not a 'Decree' as
India Law Library Docid # 2437668

(271) RAMESHBHAI BHIMABHAI KACHIYA PATEL EXPIRED AND ANOTHER Vs. DIPNESH UDESINH MUJPURA AND OTHERS[GUJARAT HIGH COURT] 23-12-2025
Motor Vehicles Act, 1988 — Section 140 (No Fault Liability) — Interim Compensation — Scope of inquiry — The Tribunal's inquiry while deciding an application for interim compensation under Section 140 is limited to three aspects: (I) Accident arising out of the use of a motor vehicle; (II) Accident resulting in permanent disablement or death; and (III) Claim made against the owner and insurer of the involved
India Law Library Docid # 2437669

(272) STATE OF GUJARAT Vs. CHANABHAI DAYABHAI AND OTHERS[GUJARAT HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Liability of State for Death Caused by Wild Animal — Tortious Liability — Compensation claimed under Law of Torts for death caused by a leopard attacking deceased while grazing cattle in forest area — Trial Court and Appellate Court found negligence by State (Defendants) and awarded compensation — Substantial Question of Law framed regarding State's liability under statute, common law of Torts, or strict/absolute liability — Held,
India Law Library Docid # 2437670

(273) SUJANA ROUT Vs. BISHNU BEHERA (DEAD) AND OTHERS[ORISSA HIGH COURT] 23-12-2025
Transfer of Property Act, 1882 — Section 44 (second part) — Dwelling house of undivided family — Stranger purchaser — applicability — Essential ingredients are that the property is a dwelling house of an undivided family and the purchaser is not a member of that family — If these are fulfilled, a mandatory injunction can be granted against the stranger purchaser if they have entered into possession of the dwelling house.
India Law Library Docid # 2438151

(274) KHAIRA DEI (DEAD) AND OTHERS Vs. DHANESWAR NAIK (DEAD) AND OTHERS[ORISSA HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Appellants were plaintiffs before trial court and first appellate court — Suit filed for partition of joint family properties — Trial court decreed suit for partition of half share to plaintiff No.1 and no share to plaintiffs No. 2 to 4 — First
India Law Library Docid # 2438152

(275) ARNAPURNA SWETA KAR (DEAD) AND OTHERS Vs. NIKUNJA KISHORE RATHA (DEAD) AND OTHERS[ORISSA HIGH COURT] 23-12-2025
Specific Relief Act, 1963 — Section 26 — Rectification of instrument — Essentials for rectification — Fraud or mutual mistake — Real intention not expressed — Rectification must be sought by parties to the deed — Issue relating to rectification must be present — Plaintiff must plead and prove prior agreement and that due to fraud or mutual mistake, the writing does not express the real intention — Mere mis-description
India Law Library Docid # 2438153

(276) GOKULANANDA JOSHI (DEAD) AND OTHERS Vs. PRAKASH CHANDRA JOSHI AND OTHERS[ORISSA HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Appeal against confirming judgment of lower courts — This appeal concerns a partition suit and the validity of a Will. The core issue revolves around whether the Will was executed under suspicious circumstances and if its execution was properly proven according to law.
India Law Library Docid # 2438154

(277) HARIHAR MOHANTA Vs. TAHASILDAR, KEONJHAR AND OTHERS[ORISSA HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial questions of law — Appeals admitted on formulation of substantial questions of law concerning res judicata, estoppel, non-consideration of orders under Section 145 Cr.P.C., perversity of findings on adverse possession, and validity of eviction orders against a co
India Law Library Docid # 2438155

(278) KATHU KARUA AND OTHERS Vs. STATE OF ODISHA[ORISSA HIGH COURT] 23-12-2025
Penal Code, 1860 (IPC) — Sections 376(2)(g), 302/34, 201/34 — Gang rape, Murder, Causing disappearance of evidence — Circumstantial evidence — Appreciation of evidence — Principles for conviction based on circumstantial evidence have been reiterated, where circumstances must be fully established, consistent only with guilt of accused, of conclusive nature, exclude every possible hypothesis except guilt, and form a
India Law Library Docid # 2438156

(279) M/S. NEW CONSOLIDATED CONSTRUCTION CO. LTD. Vs. NAKULA BISWAL (DEAD) AND OTHERS[ORISSA HIGH COURT] 23-12-2025
Civil Procedure Code, 1908 (CPC) — Section 115 — Revision — Payment of Wages Act, 1936 — Section 17 — Appeal — Revision against an order passed under Section 17 of the Payment of Wages Act is maintainable before the High Court under Section 115 of the CPC. The appellate authority under Section 17 is considered a court, whereas the authority under Section 15 is a persona designata. (Para 12, 13)
India Law Library Docid # 2438157

(280) TIRTHAJANI PANDA Vs. BIBHUTI SHANKAR PADHI[ORISSA HIGH COURT] 23-12-2025
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Interim Maintenance — Striking off defence — Non-compliance with maintenance orders — Defence can be struck off for wilful and contumacious default as a last resort.
India Law Library Docid # 2438158

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