(141) MARLENE JHAN AND OTHERS Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 06-10-2025 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Maintainability — Disputed questions of fact — Serious disputes regarding title and location of property — Writ petition is not the appropriate forum for adjudication of such complex factual matters requiring evidence — Proper remedy lies in a civil suit. India Law Library Docid # 2434069
(142) RANDHIRSINHJI GIRJOJIRAO DHAMDHERE AND ANOTHER Vs. LEGAL HEIRS OF DECD. AJITSINHRAO RAMCHANDRARAO DHAMDHORE AND OTHERS[GUJARAT HIGH COURT] 06-10-2025 Transfer of Property Act, 1882 — Section 54 — Sale — Agreement to Sell (ATS) — An agreement to sell immoveable property does not, by itself, create any interest in the property. Ownership or transferable interest can only be created by a registered sale deed. India Law Library Docid # 2434142
(143) BABUBHAI MADHABHAI SAVANI AND OTHERS Vs. REVABEN WD/O MAGANBHAI DAHYABHAI PATEL DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES AND OTHERS[GUJARAT HIGH COURT] 06-10-2025 Civil Procedure Code, 1908 (CPC) — Order 43, Rule 1 — Appeal from order — Rejection of injunction application — Trial court's decision — High Court will not interfere with the trial court's decision to refuse an injunction if the reasons provided are not erroneous or perverse, especially when the appeal is based on principles rather than facts. India Law Library Docid # 2434140
(144) DEVUBEN MANSINGBHAI GADHAVI Vs. JANTIBHAI BHAGVANBHAI[GUJARAT HIGH COURT] 06-10-2025 Registration Act, 1908 — Section 17 — Compulsory registration of documents — "Bana-chitthi" or agreement to sell immovable property worth Rs. 100 or more requires registration — Unregistered "Bana-chitthi" cannot be used as evidence of a transaction affecting immovable property, nor can it be used to claim protection of possession under Section 53A of the Transfer of Property Act, 1882 — Suit for India Law Library Docid # 2434141
(145) STATE OF GUJARAT Vs. USHABEN VISAJI NATUJI BIHOLA[GUJARAT HIGH COURT] 04-10-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378(1)(3) — Appeal against acquittal — Scope of High Court powers — Powers to reassess evidence are extensive, but prudence dictates giving weight to Trial Court's view on witness credibility, presumption of innocence, and benefit of doubt — If Trial Court's grounds for acquittal are reasonable and plausible and cannot be effectively dislodged, High India Law Library Docid # 2434143
(146) KESU RAM AND OTHERS Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 03-10-2025 Penal Code, 1860 (IPC) — Sections 366, 120B, 376 — Abduction with intent to compel marriage or illicit intercourse; Criminal Conspiracy — Rape — Appeal against conviction — Evidence on record, particularly the prosecutrix's testimony, indicates she went willingly and had contracted 'Nata' marriage, a customary practice — Her prolonged silence and absence of complaint during travel and stay for four months demolish the case of abduction — Conviction under Section 366 read with India Law Library Docid # 2434047
(147) RAVIKANT BISHNOI Vs. MUTHOOT FINANCE LIMITED AND OTHERS[RAJASTHAN HIGH COURT] 03-10-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) — Rejection of plaint — Bar of limitation — Application for rejection of plaint on grounds of limitation should be allowed only if the claim appears hopelessly barred by limitation upon a plain reading of the plaint — If the plaint reveals a continuous or recurring cause of action, or mixed questions of law and fact regarding limitation, the application should be India Law Library Docid # 2434048
(148) LAXMAN DAS Vs. STATE[RAJASTHAN HIGH COURT] 03-10-2025 Penal Code, 1860 (IPC) — Section 302 — Conviction from Section 302 to Section 304 Part II IPC — Conversion of conviction and sentence — Accused, a person of short temper and unstable mind, inflicted a single blow with a sharp-edged tool on his sleeping son, leading to death — No previous enmity or premeditation established — Incident occurred in a heat of passion without intention to cause death. In such India Law Library Docid # 2434049
(149) CHIMANLAL CHHOTALAL BAROT AND OTHERS Vs. ASHOKBHAI JAYDEVBHAI BAROT P.A. OF JAYDEVBHAI C BAROT(DECD.) AND OTHERS[GUJARAT HIGH COURT] 03-10-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — Inherent improbability of allegation rendering prosecution quashed — The Court admitted the appeal on the substantial question of law regarding the Appellate Court's reliance on alleged oral partition in the facts and circumstances of the case. India Law Library Docid # 2434144
(150) PRADIP JAYANTILAL PATEL AND OTHERS Vs. TOSHAK MANUBHAI PATEL AND ANOTHER[GUJARAT HIGH COURT] 03-10-2025 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1-A(3) — Additional Documents — Trial Court's discretion to allow late filing of documents — Held, procedure is subsidiary to justice, and technical hurdles shouldn't impede substantial justice, especially if no serious prejudice is caused to the other party. Court should lean towards allowing production of documents to unearth truth. India Law Library Docid # 2434145
(151) BALDEV SINGH Vs. SMT. BALBIR KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Sections 47 and 151, Order 21 Rules 58, 59, 66, 89, 90 — Execution of Decree — Objections to Sale — When objections filed under Section 47 CPC relating to the liability or saleability of property are raised before an auction sale of immovable property, the Executing Court must pass an order either postponing the sale pending adjudication of objections or allowing the sale but India Law Library Docid # 2433884
(152) DR. RAJ KRISHAN GUPTA Vs. PARAMJIT SINGH[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 1 — Written Statement — Filing — Delay — In non-commercial suits, the timeline for filing a written statement under Order 8 Rule 1 CPC is directory, not mandatory, and courts retain discretion to condone delays. India Law Library Docid # 2433885
(153) LAKSHMAN GOEL Vs. CHANDERGUPT AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Section 151 — Inherent Powers of Court — Additional Evidence — Trial Court allowed application for additional evidence to prove a Will, which was a subject of dispute between parties — Petition challenging this order — Petitioner argued that Order 18 Rule 17A CPC was deleted and evidence was already closed — Respondents argued that proving the Will was crucial for the India Law Library Docid # 2433886
(154) KARNAIL SINGH Vs. RANDHIR SINGH[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Specific Relief Act, 1963 — Section 28 — Rescission of Contract — Application for rescission is a stringent remedy and should be used cautiously — Especially when suits for specific performance take years to decide, rescission should only be granted if the situation strictly falls within the parameters of Section 28 and the decree holder is found to be remiss — This power is to be exercised sparingly and not merely at the India Law Library Docid # 2433887
(155) PRITAM SINGH Vs. DARSHAN LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Punjab Courts Act, 1918, Section 41 — Scope of — Second appeals in Punjab and Haryana are treated as appeals under Section 41 of the Punjab Courts Act, 1918, not under Section 100 CPC — No question of law is required to be framed in such appeals. India Law Library Docid # 2433892
(156) STATE OF HARYANA AND ANOTHER Vs. MADAN LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Punjab Courts Act, 1918 — Section 41 — Second Appeal — Scope — In Punjab and Haryana High Court, second appeals are treated as appeals under Section 41 of the Punjab Courts Act, 1918, and not under Section 100 of the Civil Procedure Code, 1908. No question of law is required to be framed for such appeals. India Law Library Docid # 2433893
(157) JASVIR KAUR Vs. PARAMJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Appeals — Regular Second Appeal — Scope — This second appeal concerns whether respondent No. 1 was the legally wedded wife of the deceased and thus entitled to his retiral benefits. The trial court ruled in favor of the appellant (mother of the deceased), but the first appellate court allowed the appeal of respondent No. 1. The High Court found the first appellate India Law Library Docid # 2433894
(158) PUNJAB STATE WAREHOUSING CORPORATION Vs. M/S HANUMAN INDUSTRIES[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Section 34 — Interest — Award of interest pendente lite and post-decree is discretionary, governed by Section 34 of CPC, irrespective of contract — Court has discretion to grant reasonable interest, not exceeding contractual rate in commercial transactions, but must be judicious and for reasons, not arbitrary. India Law Library Docid # 2433895
(159) NEERAJ SEHGAL THROUGH ATTORNEY HOLDER JK PURI Vs. PUJA ARORA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Application seeking rejection of plaint on grounds of improper valuation and deficit court fee — Court's focus should be on the averments in the plaint, not defendants' defenses — Plaint seeking declaration of co-ownership and joint possession based on India Law Library Docid # 2433943
(160) JYOTIBEN WD/O LALITBHAI VITTHALBHAI PATEL AND OTHERS Vs. DEPUTY ENGINEER AND ANOTHER[GUJARAT HIGH COURT] 01-10-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal — Enhancement of compensation — Appeal filed challenging judgment and decree for compensation — Issue before the court is only the assessment of income of deceased for calculating compensation — Other aspects like occurrence and negligence not under challenge in this appeal. India Law Library Docid # 2434146