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(821) LRS OF PURAKH SINGH AND OTHERS Vs. NARENDRA SINGH AND OTHERS[RAJASTHAN HIGH COURT] 25-09-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal against award of Motor Accidents Claims Tribunal — Appeal filed under Section 173 challenging the award partly allowing the claim petition and awarding compensation — Appeal concerning calculation of compensation for a homemaker deceased in a road accident.
India Law Library Docid # 2433985

(822) HIRALAL AND OTHERS Vs. SMT BIDAMI DEVI AND OTHERS[RAJASTHAN HIGH COURT] 25-09-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 9, 22, Rule 20(2)(i) — Maintenance and eviction — Senior citizen's application for maintenance and possession of residential house and shop allowed by SDO, upheld by District Magistrate — Petitioners challenged eviction from shop — Court found property to be self-acquired of senior citizen — SDO had jurisdiction to order
India Law Library Docid # 2434040

(823) XXX Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 25-09-2025
Medical Termination of Pregnancy Act, 1971 — Section 3(2B) — Termination of pregnancy beyond 24 weeks — Allowed only if Medical Board diagnoses substantial foetal abnormalities, incompatible with life or leading to severe handicap, and procedure is safe for the woman.
India Law Library Docid # 2434041

(824) RAVINDER KUMAR PESHIN Vs. JAMMU AND KASHMIR BANK LTD. AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 25-09-2025
Jammu and Kashmir Bank Ltd. Officers Recruitment, Discipline, Conduct and Appeal Rules, 2000 — Rules 365, 372, 376, 377, 383, 384, 385, 390, 402, 402(c)(ii), 404-A — Disciplinary proceedings — Minor penalty — Major penalty — Appeal — Scope of appellate authority — Decision to initiate proceedings for minor or major penalty rests with the Disciplinary Authority, not the Appellate Authority, at the initial stage — However, the Appellate Authority, under Rule 402, has the power to
India Law Library Docid # 2434115

(825) NATIONAL INSURANCE CO. LTD. Vs. POOJA DEVI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 25-09-2025
Motor Vehicles Act, 1988 — Section 149(1) and Supreme Court rulings — Liability of insurer for accidents involving vehicles carrying more passengers than permitted — Insurer must first deposit the total awarded compensation and can then recover amounts paid for excess passengers from the vehicle owner.
India Law Library Docid # 2434116

(826) RIYAZ MAHMAD HUSSAIN MERCHANT Vs. BHAVNABEN RASIKLAL VANIYA AND OTHERS[GUJARAT HIGH COURT] 25-09-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 10 and Order 8 Rule 6A — Return of plaint for counter-claim — A counter-claim filed by a defendant is maintainable even if it pertains to a property different from the suit property, provided it is based on a cause of action that accrued to the defendant. The purpose of allowing counter-claims is to avoid multiplicity of proceedings and to resolve all disputes between
India Law Library Docid # 2434160

(827) RAHEMATBAI MAHMAD TAMACHI (SANDHI) AND ANOTHER Vs. M. IQBALKHAN AZAMKHAN PATHAN[GUJARAT HIGH COURT] 25-09-2025
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(L) — Eviction of tenant — Landlord's right to recover possession — Tenant acquiring suitable alternative residence — The plaintiff landlord is entitled to recover possession if it is proven that the tenant, after the Act came into force, has built, acquired vacant possession of, or been allotted a suitable residence — In this case, the defendants
India Law Library Docid # 2434164

(828) FOOD CORPORATION OF INDIA Vs. HEIRS OF KANABHAI SOMABHAI (DECD.) AND OTHERS[GUJARAT HIGH COURT] 25-09-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal Against Judgment and Decree — Appeal filed against a judgment partly allowing a suit for recovery of damages and rejecting a counter-claim. The appellate court reviews whether the trial court's appreciation of evidence and interpretation of contract terms were erroneous or perverse.
India Law Library Docid # 2434167

(829) RAJENDRAKUMAR RAMRATAN ARORA AND ANOTHER Vs. SANKLCHAND JECHANDBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 25-09-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — High Court's power to interfere with findings of fact — High Court cannot interfere with findings of fact by the first Appellate Court unless such findings are erroneous, contrary to law, based on inadmissible evidence, or without evidence.
India Law Library Docid # 2434170

(830) CHANDRAKANT PANDHARINATH SOLUNKE AND OTHERS Vs. POWER GRID CORPORATION OF INDIA LTD.[BOMBAY HIGH COURT (AURANGABAD BENCH)] 25-09-2025
Telegraph Act, 1885 — Section 16(3) and 16(5) — Compensation disputes — Finality of District Judge's decision — Decisions of District Judge under Section 16(3) and 16(4) are final and not appealable under Section 96 of the Civil Procedure Code, 1908.
India Law Library Docid # 2434509

(831) DELOITTEE CONSULTING INDIA PRIVATE LIMITED Vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTER, NEW DELHI, INDIA AND ANOTHER[TELANGANA HIGH COURT] 25-09-2025
Income Tax Act, 1961 — Sections 147, 148, 148A, 151 — Reassessment Proceedings — Advance Pricing Agreement (APA) — Modified Return — Jurisdiction of Assessing Officer — Held that the Assessing Officer (AO) cannot re-examine and make additions to income disclosed in a modified return filed under an APA if there is no adverse report from the Transfer Pricing Officer (TPO) or the CBDT. The jurisdiction to audit
India Law Library Docid # 2434568

(832) PARVEJ Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 25-09-2025
Penal Code, 1860 (IPC) — Sections 316(3), 318(4), 316(5), 316(6), 61(2) of BNS, 2023 — Criminal Revision — Challenge to remand order — Arrest and remand of revisionist challenged on grounds of non-compliance with mandatory requirement of informing accused of grounds of arrest, specifically not informed in writing and
India Law Library Docid # 2434669

(833) SMT. KAMLA DEVI Vs. THE ORIENTAL INSURANCE CO. LTD. AND OTHERS[UTTARAKHAND HIGH COURT] 25-09-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal against award of Motor Accident Claims Tribunal — Enhancement of compensation — Appellant is mother of deceased, aged 63, widow, and wholly dependent on deceased son who was sole breadwinner — Tribunal awarded ₹10,00,000 to appellant, disproportionately
India Law Library Docid # 2434670

(834) S. VENKATESAN Vs. SUNDARAM FASTENERS LIMITED[MADRAS HIGH COURT] 25-09-2025
Civil Procedure Code, 1908 (CPC) — Order XXXIII and Order XLIV — Application to appeal as an indigent person — Definition of "indigent person" — Means inability to pay court fees or not owning property worth one thousand rupees, excluding essentials. Indigency is determined by financial capacity to pay court fees.
India Law Library Docid # 2434781

(835) KANDHASAMY Vs. MAGUDEESHWARI AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 25-09-2025
Bharatiya Sakshya Adhiniyam, 2023 — Section 116 — Presumption of legitimacy of child born during marriage — A child born during a marriage is presumed to be legitimate unless it's proven that the parents had no access to each other during the period the child could have been conceived — This presumption aims to prevent unnecessary
India Law Library Docid # 2434782

(836) SELVARAJ AND OTHERS Vs. MARIAMMAL AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 25-09-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — Appeals from original decrees — Appeal Suit challenging a preliminary decree for partition — The appeal was dismissed as the appellants (defendants) failed to prove their claim of ouster.
India Law Library Docid # 2434783

(837) XXXXXXXX Vs. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR[KERALA HIGH COURT] 25-09-2025
Penal Code, 1860 (IPC) — Section 450 — House-trespass in order to commit offence punishable with imprisonment for life — Elements of criminal trespass not proven — Conviction under Section 450 set aside when the accused was in lawful possession of the house as a lessee.
India Law Library Docid # 2434850

(838) NABAKISHORE BARIK Vs. BRAHMAHARI SHANKAR DASH[ORISSA HIGH COURT] 24-09-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Cheque admitted in evidence without objection — Signature on cheque not disputed at the time of marking it as an exhibit — Subsequent application to send cheque for handwriting expert opinion rejected — Held, proper procedure would have been to file application under Section 45 of the Evidence Act, 1872, for expertise opinion, as the cheque had already
India Law Library Docid # 2433145

(839) M/s. U.P. ASBESTOS LIMITED Vs. STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 24-09-2025
Constitution of India, 1950 — Article 304(a) — Exemption from tax on sale of asbestos cement sheets and bricks manufactured in Rajasthan with fly ash content of 25% or more — Discriminatory vis-a-vis goods imported from outside the State — Held to violate Article 304(a) as no similar exemption was available for imported goods, creating a fiscal barrier and impeding free trade.
India Law Library Docid # 2433163

(840) ARSHAD NEYAZ KHAN Vs. STATE OF JHARKHAND AND ANOTHER[SUPREME COURT OF INDIA] 24-09-2025
Penal Code, 1860 (IPC) — Section 420 — Cheating and dishonestly inducing delivery of property — Ingredients — To prove cheating, it must be shown that the accused had a fraudulent or dishonest intention at the time of making the promise or representation — Mere failure to keep a promise subsequently does not imply a culpable intention from the beginning — In this case, no allegations suggesting intentional deception or dishonest intention at the time of the agreement for sale were
India Law Library Docid # 2433164