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(301) ARUMILLI KASI VISWANADHAM Vs. RIMMALAPUDI KRISHNA VENI AND OTHERS[ANDHRA PRADESH HIGH COURT] 10-11-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Interference with finding of fact — High Court cannot ordinarily interfere with findings of fact arrived at by the first appellate Court (the final Court of facts) unless such findings are erroneous, contrary to mandatory provisions of law, contrary to settled position of law based on Apex Court pronouncements, or based upon inadmissible evidence or without evidence. India Law Library Docid # 2436196
(302) UNION TERRITORY OF J&K Vs. ISHFAQ AHMAD ZARGAR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 10-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 227 and 228 — Framing of Charge and Discharge — Scope of Judicial Review — The object of Sections 227 and 228 Cr.P.C. is to ensure that the accusation is not frivolous and that there is sufficient material for proceeding against the accused — At the stage of framing charge, the court must sift the evidence to determine if a prima facie case is made out, but the final India Law Library Docid # 2436300
(303) HAKEEM ABID MUBARAK Vs. UNION TERRITORY OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 10-11-2025 Service Law — Appointment — Selection Process — Post Vacancy due to non-joining of selected candidate — Petitioner seeking appointment against the resultant vacancy based on merit — Respondent-Institute claimed selected candidate (Mohsin Qadir Wani) joined and resigned, making fresh selection necessary (referencing Sudesh Kumar Goyal v. State of Haryana) — Finding: Evidence showed the selected candidate India Law Library Docid # 2436301
(304) KARAM CHAND Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 10-11-2025 Service Law — Recovery of Excess Salary/Payment — Claim by retired teachers (Assistant Teacher/Headmaster) seeking refund of amounts recovered from their retiral dues (Gratuity) due to alleged erroneous pay fixation — Department admitted that excess payment was due to error in pay determination and not on account of fraud or involvement of the employee — Applicability of State of Punjab & others vs. Rafiq India Law Library Docid # 2436536
(305) SURESH CHANDRA AND ANOTHER Vs. STATE OF UTTARAKHAND THROUGH COLLECTOR AND OTHERS[UTTARAKHAND HIGH COURT] 10-11-2025 Civil Procedure Code, 1908 — Order 9 Rule 13 — Recall of ex parte judgment and decree — Remand order by Revisional Authority — Maintainability of Writ Petition under Article 227 of the Constitution against a remand order — The High Court typically exercises writ jurisdiction under Article 227 only when the lower authority has acted without jurisdiction or in flagrant disregard of law — A remand order, directing the trial India Law Library Docid # 2436537
(306) UNITED INDIA INSURANCE CO. LTD. Vs. KM. PRITI AND OTHERS[UTTARAKHAND HIGH COURT] 10-11-2025 Motor Vehicles Act, 1988 — Section 166 and 173 — Motor Accident Claims — Common Issues of Fact and Law — Multiple appeals arising from the same road accident, involving claims for death compensation and injury compensation, are decided jointly due to common facts and legal questions. India Law Library Docid # 2436538
(307) CHITRA AND OTHER Vs. PARAMASIVAM[MADRAS HIGH COURT (MADURAI BENCH)] 10-11-2025 Hindu Law — Joint Family Property — Partition Suit — Claim for 3/5 share in suit properties by daughters (appellants/plaintiffs) against father (first respondent/defendant) and brother (second respondent/defendant) — Plaintiffs contended that properties were purchased from corpus generated by relinquishment of father's interest in ancestral property (Rs. 10,000/- as per partition deed Ex.A3 dated India Law Library Docid # 2436662
(308) N. SAMPATH Vs. V. RAMALINGAM (DIED) AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 10-11-2025 Specific Relief Act, 1963 — Suit for Specific Performance — Readiness and Willingness — Section 16(c) — Essential condition for granting specific performance is that the plaintiff must prove that he has always been ready and willing to perform his part of the contract — Readiness relates to the financial capacity (availability of funds) while willingness relates to the conduct of the plaintiff — Documentary evidence showing India Law Library Docid # 2436768
(309) M/S. AMANDEEP BR MEDICITY LTD. Vs. BASHIR AHMAD DAR AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-11-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Application for reference to arbitration — Jurisdiction of Civil Court to pass interim orders pending Section 8 application — Once a Section 8 application is filed, the appropriate approach for the Civil Court is to determine if its jurisdiction is ousted by the special statute, not to assess if it retains jurisdiction under general law (generalia specialibus non derogant) (Paras 15, India Law Library Docid # 2436302
(310) DEEPAK SRIVASTAV Vs. STATE OF NCT OF DELHI AND OTHERS[DELHI HIGH COURT] 07-11-2025 Constitution of India, 1950 — Article 226 & 21 — Standing Order No. 1/2019, Clause F(3) — Furlough — Validity of Standing Order — Petitioner challenged Clause F(3) of Standing Order No. 1/2019 and order dated 23.07.2025 rejecting furlough application — Clause F(3) mandates a one-year watching period after India Law Library Docid # 2435127
(311) DEEPAK Vs. STATE[DELHI HIGH COURT] 07-11-2025 Penal Code, 1860 (IPC) — — Sections 366 & 376 — Kidnapping with intent to compel to marry or for intercourse & Rape — Appeal against conviction and sentence — Court considered prosecution's case, defense arguments, testimonies of witnesses, and documentary evidence — Held, evidence proved guilt beyond reasonable doubt. India Law Library Docid # 2435128
(312) PRITHVIRAJ DAUKIYA @ PRINCE GODARA Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 07-11-2025 Penal Code, 1860 (IPC) — Sections 420, 120B, 34 — Cheating and criminal conspiracy — Bail Application — Applicant in judicial custody for 10 months, charge sheet filed, investigation concluded regarding applicant — Court inclined to grant bail on furnishing personal bond and surety, subject to conditions like surrendering India Law Library Docid # 2435129
(313) DIRECTORATE OF REVENUE INTELLIGENCE Vs. HARPREET SINGH @ JITAR SINGH @ SONU[DELHI HIGH COURT] 07-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378(3) — Leave to appeal against acquittal — High Court can grant leave only if acquittal suffers from perversity, manifest illegality, or glaring misreading/omission of material evidence — Mere possibility of an alternative view is insufficient ground — Trial Court’s decision must be patently unreasonable or illegal, not just one of multiple possible India Law Library Docid # 2435130
(314) THE STATE GOVT OF NCT OF DELHI Vs. DAMANDEEP CHAWLA AND OTHERS[DELHI HIGH COURT] 07-11-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Robbery and Dacoity charges — Prosecution failed to prove charges beyond reasonable doubt — Trial court's acquittal upheld. India Law Library Docid # 2435131
(315) BERGER PAINTS INDIA LIMITED Vs. GPHP HOLDINGS PVT. LTD.[CALCUTTA HIGH COURT] 07-11-2025 Commercial Courts Act, 2015 — Section 12A — Pre-litigation Mediation — Dispensation — Law requires pre-litigation mediation before filing a suit unless the suit contemplates urgent interim relief — Court can grant dispensation if the plaintiff's belief in the need for urgent interim relief is pleaded in the plaint — This is determined solely India Law Library Docid # 2435136
(316) CHANDGI RAM AND OTHERS Vs. M/S BENCHMARK INFOTECH PVT. LTD. AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 07-11-2025 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 — Additional evidence — Application for additional evidence not decided by lower appellate court — Prejudice caused to appellant — Remand of case for fresh consideration along with application — Held, non-consideration of application for additional evidence vitiates appellate India Law Library Docid # 2435220
(317) RAVNEET SINGH Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 07-11-2025 Penal Code, 1860 (IPC) — Sections 279 and 304A — Rash and negligent driving causing death — Criminal Revision — Conviction upheld — Sentence reduction sought — Mitigating circumstances considered. India Law Library Docid # 2435223
(318) MADHU Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 07-11-2025 MP Uchha Nyayalaya Khandnyayapeeth Ko Appeal Adhiniyam, 2005 — Section 2 — Intra-Court Appeal — Challenge to order of Single Judge allowing Writ Petition and subsequent dismissal of Review Petition — Appellant was not a party to the original Writ Petition but filed Review Petition, which was dismissed — Appellant's appointment was subject to the final outcome of a preceding Writ Petition, which was a continuation of the subsequently filed Writ Petition that was allowed by the Single Judge. India Law Library Docid # 2435668
(319) ALOK GARG Vs. SMT. MITHLESH SRIVASTAVA[MADHYA PRADESH HIGH COURT] 07-11-2025 M.P. Accommodation Control Act, 1961 — Sections 23-A, 23-C, 23-D — Eviction of tenant under special category — Application for leave to defend (Section 23-C) — Procedure for granting leave and subsequent enquiry (Section 23-D) — The Rent Controlling Authority (RCA) acted against the spirit of the statute by deciding the tenant's application for leave to defend (Section 23-C) in a "cursory manner" within the final eviction order itself, without holding a separate enquiry or granting leave as requ India Law Library Docid # 2435669
(320) JAYMANIYA DEAD THROUGH LRS Vs. BUNDKUNWAR (DIED) THROUGH HIS LEGAL HEIRS[CHHATTISGARH HIGH COURT] 07-11-2025 Civil Procedure Code, 1908 (CPC) — Second Appeal — Substantial Questions of Law — Jurisdiction of Lower Appellate Court — Reversing of finding on limitation — Where the Trial Court dismissed the suit based on limitation (Issue No.4) and the Lower Appellate Court reversed this finding, it is justified if the reversal is based on proper appreciation of evidence establishing the date of knowledge of the cause of action — India Law Library Docid # 2435841