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(461) STATE OF GUJARAT Vs. LAKHA LAKHMAN ODEDARA[GUJARAT HIGH COURT] 16-12-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 20(b), 22, 27, and 42(2) — Code of Criminal Procedure, 1973 (Cr.P.C.) — Section 378 — Appeal against acquittal — Scope of interference — Acquittal upheld where the prosecution failed to prove compliance with mandatory requirements, including those of Section 42(2) of the NDPS Act, and prosecution witnesses turned hostile or contradicted
India Law Library Docid # 2437808

(462) REGIONAL DEPUTY DIRECTOR Vs. RAJESH R CHAUDHARY, BAMS[GUJARAT HIGH COURT] 16-12-2025
Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 — Sections 23 and 25 — Offence alleging illegal possession of sonography machine by Ayurvedic Doctor — Appeal against acquittal — Prosecution failed to prove the case beyond reasonable doubt — Discrepancies in evidence regarding the location of seizure (residence vs. hospital) and mandatory search and seizure procedures under Rule 12 of
India Law Library Docid # 2437809

(463) DHULABHAI MOHANBHAI THAKARDA AND OTHERS Vs. RATANBEN WD/O DHULABHAI MADHABHAI AND OTHERS[GUJARAT HIGH COURT] 16-12-2025
Limitation Act, 1963 — Sections 6 and 8 — Article 60 — Suit to set aside transfer of property by guardian of a minor — Limitation Period — Cessation of Disability — The limitation period for a suit by a ward (minor) to set aside a transfer of property made by a guardian is three years from the date the ward attains majority, as per Article 60(a) of the Limitation Act — While Section 6 generally allows suits to be filed after the cessation of
India Law Library Docid # 2437810

(464) KALPESH ARUNBHAI JOSHI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 16-12-2025
Gujarat Land Revenue Code, 1879 — Rule 108 (RTS Proceedings) — Scope of Authority — Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Fragmentation Act) — Revenue authorities exercising power under the Land Revenue Code (RTS proceedings) are restricted to making and correcting fiscal entries in the revenue records; they cannot adjudicate the validity of a transaction under another
India Law Library Docid # 2437811

(465) PRAKASH RATILAL BHAIDASWALA(BHAIDASNA) AND ANOTHER Vs. RAJESH MANSUKHLAL KHADAWALA AND OTHERS[GUJARAT HIGH COURT] 16-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference with Concurrent Findings of Fact — The High Court must avoid interfering with concurrent findings of fact by the Courts below unless warranted by compelling reasons, such as findings being contrary to mandatory law, settled position of law (Apex Court pronouncements), based on inadmissible evidence, or without evidence — The
India Law Library Docid # 2437812

(466) SHIVANG ASHWINBHAI BHATT Vs. MAHIMA SHIVANG BHATT[GUJARAT HIGH COURT] 16-12-2025
Family Courts Act, 1984 — Section 7 (1) Explanation (c) — Jurisdiction of Family Court — Scope — Family Court has jurisdiction over suits or proceedings between parties to a marriage concerning the property of the parties or either of them — The jurisdiction extends to properties of spouses or either of them, irrespective of whether the claim arises during the subsistence of the marriage or otherwise — Section 7
India Law Library Docid # 2437813

(467) THE ADMINISTRATOR, CHENGALRAYAN CO-OPERATIVE SUGAR MILLS LTD. Vs. THE DEPUTY COMMISSIONER OF LABOUR, CUDDALORE AND OTHERS[MADRAS HIGH COURT] 16-12-2025
Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 (Act 46 of 1981) — Section 1(3) and Section 3 — Applicability to Sugar Mills — Requirement of Government Declaration for Seasonal Status — Section 1(3) excludes establishments of a seasonal character or those where work is performed only intermittently, and the decision of the Government on this question is final — A sugar factory, though its crushing activity may be seasonal, is not
India Law Library Docid # 2438119

(468) THE MUNICIPAL COUNCIL, REP. BY ITS COMMISSIONER NANDYAL MUNICIPALITY, KURNOOL DISTRICT, A.P. AND OTHERS Vs. K. JAYARAM AND OTHERS ETC. ETC.[SUPREME COURT OF INDIA] 16-12-2025
Service Law — Contractual Employment — Claim for Minimum Time Scale of Pay — Employees engaged by Municipal Council through a third-party contractor (not directly) and continued working despite change of contractors — High Court directing Municipality to grant minimum time scale of pay and annual grade increments to such contract workers — Supreme Court holds that the relationship between the Municipality (principal) and the workers was indirect, through the
India Law Library Docid # 2438130

(469) ARTA MEHER Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025
Penal Code, 1860 (IPC) — Sections 302, 498-A — Murder and Cruelty by husband — Conviction — Appeal against — Trial Court found appellant guilty of offences under sections 498-A and 302 IPC, but acquitted of 304-B IPC — Victim married appellant about 40 days before death — Allegations of dowry demand and cruelty — Victim found dead with ligature marks and nail marks on neck — Post-mortem report indicated death
India Law Library Docid # 2438202

(470) V. VENKAT RAO ALIAS PICHA ALIAS V. VENKAT RAMANA AND ANOTHER Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Essential ingredients — Intentional insult or intimidation to humiliate a member of SC/ST in a place within public view — Conviction unsustainable if these ingredients are not proven.
India Law Library Docid # 2438203

(471) NARAHARI DAS Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025
Penal Code, 1860 (IPC) — Sections 304B and 498A — Dowry Death and Cruelty — Dowry Prohibition Act, 1961 — Section 4 — Conviction upheld — Allegations of dowry demand and cruelty leading to death — Defence plea of accidental death due to epilepsy rejected — Prosecution evidence established unnatural death within seven years of
India Law Library Docid # 2438204

(472) PABITRA @ GHUNU MAHALING AND OTHERS Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 336, 304 Part I — Unlawful assembly, rioting, grievous hurt, culpable homicide not amounting to murder — Appeals against conviction — Court considered ocular and medical evidence, inconsistencies, and prior judgments — Conviction for offences under Sections 147/148/149/336 IPC upheld for appellants in CRA No. 10 of 1996
India Law Library Docid # 2438205

(473) M/S. NUTRINE CONFECTIONARY LTD. Vs. SMT. K. RENUKA AND ANOTHER[ORISSA HIGH COURT] 16-12-2025
Civil Procedure Code, 1908 (CPC) — Order 30, Rule 1 and Section 69(2) of the Indian Partnership Act, 1932 — Amendment of Plaint — Plaintiff seeks to change capacity from an individual to a partnership firm — Suit filed in the name of the firm is permissible, but registration is required under Section 69(2) to enforce contractual rights with third parties — Amendment cannot be allowed if it attempts to overcome statutory
India Law Library Docid # 2438206

(474) SMT. MEERA PATANKAR AND OTHERS Vs. PAVITHRA CONSTRUCTIONS PVT. LTD. AND OTHERS[KARNATAKA HIGH COURT] 16-12-2025
Civil Procedure Code, 1908 (CPC) — Order 47 Rule 1 and Section 114 – Review of order passed on concession made by counsel – Grounds for review – Discovery of new and important matter, or any other sufficient reason – Concession made by counsel beyond express or implied authority of client can be a ground for review if it leads to prejudice and is made without client's knowledge.
India Law Library Docid # 2438241

(475) STATE OF U.P. Vs. AJMAL BEG ETC[SUPREME COURT OF INDIA] 15-12-2025
Penal Code, 1860 (IPC) — Section 304-B and 498-A) — Dowry Prohibition Act, 1961 (DPA, 1961) — Sections 3 and 4 — Dowry Death — Appeal against acquittal — Setting aside High Court's acquittal and restoring Trial Court's conviction — Essential ingredients of Section 304-B IPC established by consistent prosecution evidence regarding dowry demand (motorcycle, TV, and cash) and continuous
India Law Library Docid # 2436870

(476) THE STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY AND OTHERS Vs. MILKIYAT SINGH AND OTHERS ETC.[SUPREME COURT OF INDIA] 15-12-2025
Multi-State Cooperative Societies Act, 2002 — Section 103 — Cooperative societies functioning immediately before reorganisation of States — Object and scope of ‘deemed conversion’ — Section 103 does not automatically convert a cooperative society registered under a State Act into a multi-State cooperative society merely due to State reorganisation (e.g., bifurcation of Uttar Pradesh into Uttar Pradesh and Uttarakhand) — The conversion under Section 103 depends on whether the 'objects'
India Law Library Docid # 2436871

(477) MANOJBHAI JETHABHAI PARMAR (ROHIT) Vs. STATE OF GUJARAT[SUPREME COURT OF INDIA] 15-12-2025
Criminal Law — Conviction based on Circumstantial Evidence — Appreciation of Evidence — Principles Governing Circumstantial Evidence — A conviction based entirely on circumstantial evidence must satisfy five conditions: (1) Circumstances must be fully established; (2) Facts established must be consistent only with the hypothesis of guilt; (3) Circumstances must be conclusive in nature and tendency; (4) They must exclude every possible hypothesis except guilt; (5) Chain of evidence must
India Law Library Docid # 2436872

(478) MOIDEENKUTTY Vs. ABRAHAM GEORGE[SUPREME COURT OF INDIA] 15-12-2025
Agreement to Sell — Breach of Contract — Refund of Advance — Suppression of Material Fact — Reversal of Trial Court decree by High Court — High Court relying solely on a fleeting admission in cross-examination of plaintiff regarding prior knowledge (August 25, 2008) of mortgage on property, despite agreement being executed later (September 10, 2008) and parties admitting to no prior interaction before September 2008 — Supreme Court held reliance on such solitary, abstract
India Law Library Docid # 2436873

(479) DANESH SINGH AND OTHERS Vs. HAR PYARI (DEAD) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 15-12-2025
Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Scope and Applicability — Transfer of mortgaged property pendente lite (after institution of suit by bank for recovery/foreclosure but before execution/attachment) is hit by Section 52 — Lack of knowledge of proceedings or possession of No Encumbrance Certificate does not constitute a valid defence against lis pendens, as the doctrine is
India Law Library Docid # 2436874

(480) DIRECTOR OF INCOME TAX (IT)-I, MUMBAI. Vs. M/S. AMERICAN EXPRESS BANK LTD.[SUPREME COURT OF INDIA] 15-12-2025
Income Tax Act, 1961 — Sections 37(1), 44C — Deduction of Head Office Expenditure in case of Non-Residents — Interpretation of Section 44C and 'Head Office Expenditure' — Distinction between ‘Common’ and ‘Exclusive’ Expenditure — Section 44C, being a special provision with a non-obstante clause, governs the quantum of allowable deduction for any expenditure incurred by a non-resident assessee that qualifies as 'head office expenditure' — The definition of 'head office
India Law Library Docid # 2436875

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