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(641) SALIL MAHAJAN Vs. V. AVINASH KUMAR AND ANOTHER[SUPREME COURT OF INDIA] 08-12-2025
Bharatiya Nyaya Sanhita, 2023 — Sections 316(4), 344, 61 (2) — Bail — Appeal against grant of bail — Distinguished from cancellation of bail — An appeal against the grant of bail is not on the same footing as an application for cancellation of bail — Superior Court interference in bail grant requires grounds such as perversity, illegality, inconsistency with law, or non-consideration of relevant factors including
India Law Library Docid # 2436490

(642) DADU @ ANKUSH AND ANOTHER Vs. STATE OF MADHYA PRADESH AND ANOTHER[SUPREME COURT OF INDIA] 08-12-2025
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Conviction and Requirement of Caste-Based Intention — High Court's finding that the offence was committed "simply for reason that the complainant was belonging to scheduled caste" held perverse — No statement in court by the victim or PW-2 suggesting that the accused were motivated by the
India Law Library Docid # 2436491

(643) M/S. KUMAR BEHARAY PROPERTIES LLP THROUGH ITS AUTHORIZED SIGNATORY Vs. SHRI RAJESH CHANDRAKANT SHINDE AND OTHERS[BOMBAY HIGH COURT] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 (d) — Rejection of Plaint — Limitation — Vexatious Litigation — When considering an application under Order 7 Rule 11, the Court must undertake a meaningful reading of the entire plaint, not just a mechanical reading of averments, to ascertain if a real cause of action exists or if the suit is barred by law (including limitation) — The purpose of Order 7 Rule
India Law Library Docid # 2436985

(644) KEDAR Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 08-12-2025
Constitution of India, 1950 — Article 46 — Promotion of educational and economic interests of Scheduled Tribes (ST) — State’s responsibility — The state is mandated to promote the educational and economic interests of STs and protect them from social injustice — Denying admission or failing to create a supernumerary post for a qualified
India Law Library Docid # 2437002

(645) SMTI. ISHRAWATI DEVI AND ANOTHER Vs. OSMAN GANI MOLLAH AND OTHERS[GAUHATI HIGH COURT] 08-12-2025
Constitution of India, 1950 — Article 227 — Civil Revision Petition — Scope of interference with interlocutory orders — Petition challenging order allowing amendment of counterclaim under Order 6 Rule 17 CPC after execution of decree — High Court should not interfere with the Trial Court's discretion under Article 227 unless the order is irregular or causes grave error — Finding that the Trial Court did not commit any justified ground for interference as it meticulously explained reasons
India Law Library Docid # 2437242

(646) JAHANUDDIN ALI Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 08-12-2025
Criminal Law — Murder — Circumstantial evidence — Conviction under Section 302 IPC — Appellant's wife found murdered — No direct eye-witness — Essential links in circumstantial evidence: Appellant's surrender to police outpost shortly after incident with the murder weapon (dao); absence of alibi plea for the time of occurrence; failure to offer explanation for the death under Section 106 of the Evidence Act — Cumulative effect of circumstances forming a complete chain
India Law Library Docid # 2437243

(647) AMARJIT THAPAR Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 08-12-2025
Penal Code, 1860 (IPC) — Section 420 (Cheating) — Conviction and Sentence upheld by Appellate Court challenged in Revision — Offence committed in 2015 — Compromise — Petitioner convicted for cheating (Section 420 IPC) following non-fulfillment of promise to send complainant's son abroad and non-return of money — Parties are co-villagers, dispute amicably settled during pendency of revision petition
India Law Library Docid # 2436939

(648) VIBHA Vs. SHAILESH[BOMBAY HIGH COURT (NAGPUR BENCH)] 08-12-2025
Protection of Women from Domestic Violence Act, 2005 — Maintenance and Compensation — Judicial Review against Appellate Order — The Trial Court granted maintenance of Rs. 10,000/- each to wife and son, Rs. 10,000/- monthly rent, and Rs. 2,00,000/- compensation, along with direction to return 'Stree Dhan' and other articles — The Appellate Court modified maintenance to Rs. 5,000/- each, reduced compensation to Rs. 50,000/-, and quashed directions regarding rent and return of articles — High Court
India Law Library Docid # 2437112

(649) MARIA MARTA VAZ AND OTHERS Vs. JACINTA PEREIRA[BOMBAY HIGH COURT (GOA BENCH)] 08-12-2025
Goa Succession, Special Notaries And Inventory Proceeding Act, 2012 — Section 446 — Amendment of partition — Re-opening of Inventory Proceedings — Order allowing re-opening for amending final partition based on a Will, without consent of all parties, is beyond jurisdiction under Section 446 — Section 446 requires agreement of parties for amendment, except for clerical or arithmetical errors under the proviso — Disputed claims, such as those based on a testamentary disposition not considered in f
India Law Library Docid # 2437126

(650) MARIA MARTA VAZ AND OTHERS Vs. JACINTA PEREIRA AND OTHERS[BOMBAY HIGH COURT (GOA BENCH)] 08-12-2025
Goa Succession, Special Notaries And Inventory Proceeding Act, 2012 — Section 446 — Amendment of partition — Re-opening of Inventory Proceedings — Order allowing re-opening for amending final partition based on a Will, without consent of all parties, is beyond jurisdiction under Section 446 — Section 446 requires agreement of parties for amendment, except for clerical or arithmetical errors under the proviso — Disputed claims, such as those based on a testamentary disposition not considered in f
India Law Library Docid # 2437179

(651) THE TAMIL NADU HOUSING BOARD, TNHB, ANNA NAGAR CIRCLE, REP.BY ITS SUPERINTENDING ENGINEER, CHENNAI Vs. M/S. N.C.C.LTD, FORMERLY M/S. NAGARJUNA CONSTRUCTION COMPANY LTD[MADRAS HIGH COURT] 08-12-2025
Arbitration and Conciliation Act, 1996 — Section 34(2)(b)(ii) and Section 34(2A) — Setting aside of Arbitral Award — Grounds — Undue and unexplained delay in passing award — An arbitral award passed with an unexplained delay of more than seven years after conclusion of arguments (arguments concluded on 24.11.2013, award passed on 30.07.2020) is in conflict with the Public Policy of India and is
India Law Library Docid # 2436675

(652) PANEERSELVAM @ NELLAPPAN (DIED) THROUGH LRS. AND OTHERS Vs. AMSAVALLI AND OTHERS[MADRAS HIGH COURT] 08-12-2025
Indian Succession Act, 1925 — Section 63(c) — Evidence Act, 1872 — Section 68 — Proof of Will — Requirements for valid proof include compliance with Section 63 of the Indian Succession Act — At least one attesting witness, who is alive and capable, must be examined to prove the testator's signature and the signing of the Will by the witnesses in the testator's presence — Even if one attesting witness
India Law Library Docid # 2436676

(653) VIMALA DAMAYANTHI Vs. J. R. SYMON MORRIS AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Scope — While considering an application for rejection of plaint, the court must only look at the averments in the plaint and the documents annexed therewith; the written statement or documents filed by the defendants should not be considered.
India Law Library Docid # 2436677

(654) G. GANESAN Vs. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT[MADRAS HIGH COURT] 08-12-2025
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 528, Section 223(1), Section 531(2)(a) — BNSS vs. Code of Criminal Procedure (CrPC), 1973 (erstwhile Code) — Applicability of BNSS Section 223(1) (mandating hearing before taking cognizance) — BNSS came into force on 01.07.2024 — If criminal proceedings
India Law Library Docid # 2436678

(655) LOKESH SINHA Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 08-12-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 6 — Rape of a minor — Age Determination — Admissibility of school/Kotwari Register entries — Finding of minority based solely on Kotwari Panji (village register) set aside — Kotwar's testimony indicating she was not the author of the disputed entry and lacked knowledge of its basis (whether written by her husband based on guessing) — Requirement that document relied upon to prove age must establish the material supportin
India Law Library Docid # 2437462

(656) GULAB DATT DUBEY Vs. CHAIRMAN-CUM-MANAGING DIRECTOR AND OTHERS[CHHATTISGARH HIGH COURT] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Suit for declaration of title, possession, and permanent injunction — Proof of Title — Burden of Proof — Revenue Records — In a suit for declaration of title, the burden of proof lies upon the plaintiff to establish their ownership over the suit property — Revenue records (Kistband Katauni, Khasra Panchsala, etc.) are generally maintained for fiscal
India Law Library Docid # 2437466

(657) RADHA THEVANNOOR Vs. M/S. NATIONAL INSURANCE CO. LTD. AND OTHERS[SUPREME COURT OF INDIA] 08-12-2025
Motor Vehicles Act, 1988 — Motor Accident Claims — Negligence and Contributory Negligence — Accident involving a car and a truck on a four-lane National Highway — High Court finding 50% contributory negligence on the part of the deceased car driver, reversing the Tribunal's finding of sole negligence on the truck driver — Challenge restricted to the finding of contributory negligence —
India Law Library Docid # 2437512

(658) BHAGWAT Vs. NARMADA BAI AND OTHERS[CHHATTISGARH HIGH COURT] 08-12-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference — Findings of Fact — High Court cannot interfere with concurrent findings of fact recorded by courts below, even if they appear erroneous, unless there is a substantial error in law or procedure — Findings based on appreciation of evidence cannot be interfered with merely because an alternative view is possible — First
India Law Library Docid # 2437527

(659) STATE OF RAJASTHAN Vs. CHANDRA AVTAR AND OTHER[RAJASTHAN HIGH COURT] 08-12-2025
Criminal Procedure Code (CrPC), 1973 — Sections 235, 255 — Penal Code, 1860 (IPC) — Sections 420, 392, 120-B, 468, 471 — Principles of Sentencing — Scope of Judicial Discretion — Sentencing court must judiciously assess various factors including the nature of the offence, manner of commission, attendant circumstances, socio-economic background, character, prior antecedents of the offender, and societal repercussions — Punishment must fit the crime, reflecting a balanced, rational, and
India Law Library Docid # 2437559

(660) SHITAL DHIRAJBHAI RATHOD Vs. HETVI[GUJARAT HIGH COURT] 08-12-2025
Hindu Adoption and Maintenance Act, 1956 — Section 20(3) and Section 23 — Maintenance to Unmarried Daughter — Determination of Amount — The Family Court's direction to the mother (appellant) to pay monthly maintenance of Rs. 15,000/- to the unmarried dependent daughter (respondent) from the date of filing the suit is upheld, considering the mother's status, her salary (Rs. 57,000/- to Rs. 61,000/- per month), and
India Law Library Docid # 2437838

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