ive
(21) SHRI PUNDLIK DAGU HOLGADE AND OTHERS Vs. SHRI PANDURANG KASHINATH HIRE (SINCE DECEASED THROUGH LEGAL HEIRS) AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Transfer of Property Act, 1882 — Section 58(c) — Mortgage by Conditional Sale vs. Sale with Condition to Repurchase — Determination of Nature of Transaction — The intention of the parties is the determining factor, primarily gathered from the recitals and language of the document itself — If the language of the document is plain and unambiguous, it must be given its true legal effect based on the nature of the India Law Library Docid # 2436976
(22) M/S. AFSANA ENTERPRISES THROUGH PROPRIETOR MR. JAFFER MOHD. SAMI KHAN AND OTHERS Vs. THE ASSISTANT MUNICIPAL COMMISSIONER AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Bombay Municipal Corporation Act, 1888 — Section 351 — Unauthorized construction — Challenge to notice and speaking order confirming unauthorized nature of commercial structures — Duty to prove existence prior to datum line (01.01.1961) — Appellants, claiming occupancy as tenants, relied on stray, vague, and insufficient documents (rent receipts from 1990s/2000s, and recent electricity India Law Library Docid # 2436977
(23) ILLIYAS MANGROO SHAIKH Vs. BOMBAY ELECTRICITY SUPPLY AND TRANSPORT UNDERTAKING AND OTHERS[BOMBAY HIGH COURT] 11-12-2025 Electricity Act, 2003 — Sections 127(2), 127(6) and 62(6) — Interest on Statutory Pre-deposit — Unauthorised use of electricity — Appeal against assessment — Requirement to deposit 50% of assessed amount (pre-deposit) — Assessment set aside in appeal — Consumer's right to interest on the pre-deposit amount — Section 127(2) mandatory deposit is a pre-condition for appeal, not a voluntary payment or India Law Library Docid # 2436975
(24) KRISHNA MANDADI Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 11-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of First Information Report (FIR) and consequential proceedings — Offence under Indian Penal Code (IPC), 1860, Section 304-A (Causing death by negligence) — Allegation against Managing Director and Engineer of a construction company after a child drowned in a pothole at the construction site — Absence of prima facie case — Principles governing quashing of FIRs enunciated in State of Haryana vs. India Law Library Docid # 2437113
(25) MITARAM Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 11-12-2025 Penal Code, 1860 (IPC) — Section 302 — Conviction challenged — Homicidal death established through medical evidence (Postmortem report, medical officer testimony) — Cause of death: Hemorrhagic shock due to severe head injury caused by "axe" (sharp and heavy object) — Eyewitness testimony: PW4 (mother of deceased) testified that the accused (father) assaulted the deceased (son) on the head with an axe following a quarrel over money demand — Corroboration: Circumstantial evidence, including seizu India Law Library Docid # 2437114
(26) ABDUL RAHMAN ABDUL RAZZAQUE AND OTHERS Vs. CHOTI MASJID TRUST[BOMBAY HIGH COURT (AURANGABAD BENCH)] 11-12-2025 Waqf Act, 1995 — Section 69 — Waqf Scheme — Interpretation and Clarification of ambiguous clauses (8 C and 8 D) for conducting elections — Need for Standard Operational Procedure (SOP) pending Scheme modification — Where the existing scheme framed by the Joint Charity Commissioner is ambiguous regarding the electoral process (specifically clauses 8 C and 8 D), the High Court may provide clarification to ensure free and transparent elections until the Waqf Board modifies the Scheme, despite India Law Library Docid # 2437120
(27) ASHIT KUKIAN AND OTHERS Vs. SOUTH INDIAN MUSIC COMPANIES ASSOCIATION AND OTHERS[MADRAS HIGH COURT] 10-12-2025 Contempt of Courts Act, 1971 — Civil Contempt — Maintainability of Contempt Petition for Non-Payment of Money/Royalty — When the original order in Civil Miscellaneous Appeals (CMAs) fixes the royalty rate (2% of net advertisement earnings plus a minimum floor rate of Rs. 660/- per needle hour) but does not quantify the final executable amount, non-payment of such unquantified money does not constitute willful India Law Library Docid # 2436655
(28) KOTAK MAHINDRA BANK LTD Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 10-12-2025 Insolvency and Bankruptcy Code (IBC), 2016 — Section 60(1), 60(2), 60(3) — Adjudicating Authority — Jurisdiction over Personal Guarantor — Where a Corporate Insolvency Resolution Process (CIRP) or liquidation proceeding of a corporate debtor is pending before the National Company Law Tribunal (NCLT), any application relating to the insolvency resolution or bankruptcy of the personal India Law Library Docid # 2436978
(29) POOJA DEVI AND OTHERS Vs. DAVINDER KUMAR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Motor Vehicles Act, 1988 — Section 166 — Claim Petition for Compensation — Impleadment of Parties — Dominus Litis — Claimants/Petitioners are dominus litis and cannot be forced to litigate against persons against whom they do not seek relief, especially when such persons are not necessary parties — Where the claim is based on the alleged rash and negligent driving of one vehicle's driver, the owner of the India Law Library Docid # 2436940
(30) VINOD KUMAR AND ANOTHER Vs. ELIZABETH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Constitution of India, 1950 — Article 227 — Civil Procedure Code, 1908 (CPC) — Section 47 — Execution Proceedings — Frivolous Objections and Delay — Where an eviction order has attained finality up to the High Court, and the judgment debtor, over 10 years after the eviction order, raises objections in execution for the first time, alleging the decree holder is "non-existent" or dead without producing a death certificate, such objections are found to be frivolous, malafide, and solely aimed at India Law Library Docid # 2436941
(31) RAJ PAL Vs. DHARAMVIR SINGH[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Delay of 86 days in filing appeal — Principles governing condonation — Application for condonation of delay allowed as explanation furnished appeared bona fide, not indicating deliberate negligence, inaction, or lack of diligence — Procedural laws of limitation should not defeat substantial justice — Adopting a liberal yet judicious approach, the Court India Law Library Docid # 2436942
(32) EX. HEAD CONSTABLE RAJINDER SINGH AND ANOTHER Vs. STATE OF UT CHANDIGARH[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Excise Act — Section 68 — Offence of consuming liquor at a public place while on duty (Police officials) — Conviction affirmed where prosecution successfully established essential components: petitioners were on duty, and were consuming liquor at a public place, supported by consistent testimony of official witnesses (DSP, other Police officials) and reliable medical evidence (Doctor's report showing India Law Library Docid # 2436943
(33) MISHRA SINGH Vs. SANJEEV GOYAL AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Compounding of Offence — The offence under Section 138 can be compounded at all levels of litigation, including when the matter reaches the High Court after conviction by the Magistrate and dismissal of appeal by the Sessions Court, provided the parties reach an amicable settlement. India Law Library Docid # 2436944
(34) MISHRA SINGH Vs. SANJEEV GOYAL AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 09-12-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Compounding of offence — High Court — Revision against conviction and sentence — Parties reached amicable settlement/compromise before Mediation Centre after conviction by Trial Court and dismissal of appeal by Sessions Court — Offence under Section 138 is compoundable at all levels of litigation, even after conviction and India Law Library Docid # 2436945
(35) SMT. BERTHA CARVALHO (SINCE DECEASED) THROUGH LEGAL HEIRS Vs. SHRI BALDWIN JOSEPH FRANCIS D' SOUZA (SINCE DECEASED) THROUGH LEGAL HEIRS.[BOMBAY HIGH COURT] 09-12-2025 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Eviction — Bona Fide Requirement and Comparative Hardship — Landlord-Tenant Dispute — Subsequent Events — Landlords' bona fide requirement for grown-up son (Yohann) following marriage in 2007, necessitating independent accommodation, was introduced via amendment and subsequent evidence after remand by High Court — India Law Library Docid # 2436979
(36) LOKRANJAN BREWERIES PRIVATE LIMITED & ANR Vs. STATE OF MAHARASHTRA THROUGH THE SECRETARY, STATE .RESPONDENTS EXCISE DEPARTMENT & ANR[BOMBAY HIGH COURT] 09-12-2025 Constitution of India, 1950 — Article 14 — Equality before law — Arbitrary discrimination — State Excise — Licence fees for Country Liquor (CL-1) licence — Challenge to demand for deficit licence fees based on slab-wise differential rate (Rs. 10 per case up to 10 lakh cases, Rs. 7 per case thereafter) — Notification dated January 30, 2016 specified advance payment based on average production of India Law Library Docid # 2436980
(37) JANARDHAN SITARAM SURVE AND OTHER Vs. SUNIL RAMESH UKRULKAR AND OTHER[BOMBAY HIGH COURT] 09-12-2025 Motor Vehicles Act, 1988 — Section 166 — Claim for compensation for death in motor vehicle accident — Essential requirement for claim under Section 166 (based on torts principles) is proof of negligence on the part of the driver of the offending vehicle in the occurrence of the accident — Claimants must prove negligence (wrong) for owner/insurer to be vicariously liable for compensation — Mere involvement of a India Law Library Docid # 2436981
(38) THE LOKMANYA PAN BAZAR ASSOCIATION LTD. Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 09-12-2025 Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) — Applicability — Statutory right to conveyance — Agreements for sale explicitly stating that the transaction is governed by MOFA and its rules — The promoter (petitioner) cannot later resile from the statutory character expressly given to the transaction after deriving benefit, based India Law Library Docid # 2436982
(39) AIRPORT AUTHORITY OF INDIA Vs. LITE BITE FOODS PRIVATE LIMITED[BOMBAY HIGH COURT] 09-12-2025 Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Existence of Arbitration Agreement — Effect of Prior Arbitration and Constructive Res Judicata — Where disputes, including incidental issues like interest payment prior to commencement of arbitration, were covered by an earlier arbitration that culminated in an Arbitral Award, subsequent petition to re-agitate issues relating India Law Library Docid # 2436983
(40) SHRI SHIVNERI SAHAKARI BANK LTD. Vs. RUPEE COOPERATIVE BANK LTD. AND OTHERS[BOMBAY HIGH COURT] 09-12-2025 Constitutional Law — High Courts — Jurisdiction under Article 227 — Supervisory Jurisdiction — Territorial Allocation of Work — The High Court of Bombay has supervisory jurisdiction under Article 227 of the Constitution over all courts and tribunals within the State of Maharashtra (including the Co-operative Court at Kolhapur and the State Co-operative Appellate Court at Pune) — The Court, India Law Library Docid # 2436984