(141) SMT. REKHA KUSHWAH AND ANOTHER Vs. RAJENDRA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 30-07-2025 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 & 2 — Temporary Injunction — Appeal against order allowing partial construction — High Court quashed the appellate order, restoring the trial court’s status-quo order. — The court found that the defendants had repeatedly obtained mutation orders based on a disputed will, often without impleading all legal heirs or disclosing previous adverse orders. These orders were subsequently recalled or set aside. Allowing construction India Law Library Docid # 2428207
(142) KISHORE SINGH AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 30-07-2025 Penal Code, 1860 (IPC) — Sections 302, 304 Part I, 307/34, 323/34, 324/34, 341 — Conviction and sentence — Appeal against — Alteration of conviction from Section 302 to Section 304 Part I IPC — Appellants No.1 and 3 acquitted from Sections 307/34 and 302/34 IPC — Sentence reduced to period already undergone for other offences — Appellant No.2 conviction altered to Section 304 Part I IPC India Law Library Docid # 2428275
(143) SHAILENDRA SINGH DHAKED Vs. THE INDIAN COUNCIL OF AGRICULTURE RESEARCH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-07-2025 Central Civil Services (Temporary Service) Rules, 1965 — Rule 5 — Termination of temporary service — Discontinuation under Rule 5 with one month's salary in lieu of notice is a simple termination and not stigmatic unless it mentions reasons for termination. India Law Library Docid # 2428576
(144) UNION OF INDIA Vs. LIYAKAT[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-07-2025 Railway Claims Tribunal Act, 1987 — Sections 16, 23 — Railways Act, 1989 — Sections 123(c)(2), 124A, 125 — Compensation — Untoward incident — Passenger fell from running train — Claimant alleged valid ticket was lost during incident — Railway denied claim stating no ticket produced and no eye-witness — Court considered medical records, police report acknowledging falling from train — Apex Court rulings on burden of proof in passenger claims — Held, initial onus on claimant to prove bonafide pass India Law Library Docid # 2428580
(145) SHRI DILIP JAGANNATH AMBILWADE Vs. GOVERNMENT OF MAHARASHTRA[BOMBAY HIGH COURT] 30-07-2025 Maharashtra Civil Services (Pension) Rules, 1982 — Rule 46(1) & (2) — Forfeiture of service on resignation — Resignation from service generally leads to forfeiture of past service, unless it is to take up another government appointment with proper permission — Petitioner's tenure with University ended with termination, but allowed to resign by High Court with specific conditions including no monetary claims, except PF dues — India Law Library Docid # 2428124
(146) SIVAGAMI N. Vs. M/S. VINAYAKA TRAVELS AND OTHERS[KARNATAKA HIGH COURT] 30-07-2025 Civil Procedure Code, 1908 (CPC) — Order 11 Rule 5(4) — Adverse Inference — Commercial Courts Act — Denial of cross-examination — Court’s power to draw adverse inference against a party refusing to produce documents — Held, adverse inference is a discretionary consequence of evidentiary gaps, not a procedural blockade to a party’s right to cross-examine or test opposing evidence — Such inference can only be drawn at the end of the trial after evidence appreciation, and is always rebuttable — To India Law Library Docid # 2428346
(147) GULSHAN RAI MALHOTRA Vs. LALCHAND @ LALARAM SHARMA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-07-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Application for rejection of plaint under Order 7 Rule 11 CPC for alleged improper stamping and court fee, and limitation — Trial court dismissing the application — High Court upholding the trial court's decision — Issues of stamping, court fee, and limitation are mixed questions of law and fact, to be decided at the stage of evidence, not at the preliminary stage of an Order 7 Rule 11 application. India Law Library Docid # 2428585
(148) GANQA BAI Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 30-07-2025 Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Offences against women — Consideration of age, gender, and lack of criminal antecedents — Petitioner (woman) incarcerated for over two years, trial incomplete, no immediate prospect of conclusion — Court considers prolonged pre-trial detention, debatable classification of offence, and petitioner's status as elderly woman — Bail granted to India Law Library Docid # 2428672
(149) SATYANARAYAN Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 30-07-2025 Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8/20 & 29 — Petitioner arrested solely on the basis of a co-accused’s confessional statement made during police custody — No independent or corroborative evidence found linking petitioner to the contraband — Confessional statement before police without recovery or corroboration is inadmissible under Sections 25 & 26 of Evidence Act, 1872 — Implication of India Law Library Docid # 2428673
(150) GURINDER SINGH Vs. SATNAM KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-07-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Court fee — Suit for declaration regarding a transfer deed and for joint possession — Plaintiff is a non-executant — Court fee is payable under Section 7(iv)(c} of the Court Fees Act, 1870, based on the valuation of the relief sought, not ad valorem on the transfer deed's consideration. India Law Library Docid # 2428897
(151) M/S BARNALA BUILDERS AND PROPERTY CONSULTANTS Vs. RAMESH KUMAR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 30-07-2025 Real Estate (Regulation and Development) Act, 2016 — Adjudicating Officer vs. Regulatory Authority — Competence to grant refund and interest — Supreme Court judgment in Newtech Promoters and Developers Private Limited vs. State of UP and others held that Adjudicating Officer is only competent to adjudge compensation, while Regulatory Authority is competent to adjudicate or grant refund, interest and penalty — India Law Library Docid # 2428898
(152) KEWAL SINGH Vs. PARMINDER KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 30-07-2025 Constitution of India, 1950 — Article 227 — Supervisory jurisdiction — Dismissal of objections filed in execution proceedings — Petitioner sought setting aside of order dismissing objections — Petitioner had filed appeal against original decree with a pending application for stay under Order 41 Rule 5 CPC — Executing Court dismissed objections solely on ground that pendency of appeal is not a stay of proceedings without India Law Library Docid # 2428899
(153) SARABJIT KAUR @ BABBU Vs. BALWANT SINGH[PUNJAB AND HARYANA HIGH COURT] 30-07-2025 Negotiable Instruments Act, 1881 — Section 138 — Cheating by dishonour of cheque — Compromise — Once parties have amicably settled their dispute and the cheque amount has been paid, the offence under Section 138 of the NI Act can be compounded, and the conviction and sentence can be set aside. India Law Library Docid # 2428900
(154) HARVINDER PAL SINGH AND OTHERS Vs. RAJINDER KAUR[PUNJAB AND HARYANA HIGH COURT] 30-07-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Compounding of offence — Settlement arrived between parties during pendency of revision petition — Accused to pay agreed amount in installments — Court allowed revision, set aside conviction and sentence, and acquitted accused — Liberty granted to respondent to revive petition if payment not made as per schedule. India Law Library Docid # 2428912
(155) SURESH SUNDERDAS HARPALANI AND ANOTHER Vs. DAYAL SUNDERSAD HARPALANI AND OTHERS[BOMBAY HIGH COURT] 29-07-2025 Succession Act, 1925 — Section 63 — Due execution of Will — Requirements include testator signing in presence of two witnesses, and witnesses attesting in testator's presence — Plaintiffs failed to prove due execution due to inconsistencies in attesting witnesses' testimonies and suspicious circumstances surrounding the will's preparation and execution. India Law Library Docid # 2428212
(156) RAISUDDIN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 29-07-2025 Penal Code, 1860 (IPC) — Sections 363, 366, 376 — Kidnapping, Abduction, Rape — Acquittal — Appeal against acquittal — Reappreciation of evidence — School certificate for age determination — Genuineness of certificate — Lack of supporting evidence from school — Adverse inference — Ossification India Law Library Docid # 2428276
(157) CHANDRA KANT RAMAWAT Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 29-07-2025 Prevention of Corruption Act, 2018 — Section 17A — Prior approval for inquiry/investigation against public servant — Exception for arrest on the spot — Accusation of demanding gratification for settling a complaint — Co-accused caught red-handed accepting bribe on behalf of both — Recorded conversation between co-accused and petitioner indicating complicity — Section 17A approval not required for cases India Law Library Docid # 2428277
(158) IBRA @ IBRAN AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-07-2025 Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of Sentence — Bail Pending Appeal — Suspension of sentence is a discretion of the court based on totality of facts and circumstances, not on merits of the case — Appellant convicted for offences under IPC and Arms Act — Appellant had served substantial part of sentence — Appellant had no criminal antecedents except for cases disposed India Law Library Docid # 2428578
(159) LAXMI Vs. GORDHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-07-2025 Indian Succession Act, 1925 — Sections 372, 384 — Succession Certificate — Grant of — Scope of inquiry — Court granting succession certificate can consider documents executed by deceased, including a Will, even if its validity is challenged in separate proceedings — Court only needs to determine who is best entitled to receive the amount based on available documents, not to definitively decide the Will's India Law Library Docid # 2428579
(160) SMT. MAMTA PATHAK Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 29-07-2025 Penal Code, 1860 — Section 302 — Murder — Circumstantial evidence — Chain of circumstances must be complete and only point towards the guilt of the accused. Conviction cannot be sustained if circumstances are explainable on any other hypothesis. India Law Library Docid # 2428116