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(301) SRI BHUPENDRA CHOUDHURY AND OTHERS Vs. SRI ARUN CHOUDHURY[GAUHATI HIGH COURT] 15-12-2025 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 223(1) (Examination of complainant) — Taking Cognizance of Offence on Complaint — Mandatory Procedure — Section 223 mandates that a Magistrate must examine the complainant and witnesses, if any, on oath, and reduce the substance of such examination to writing, before taking cognizance — The proviso to Section 223(1) requiring the accused to be given an opportunity of being heard must be satisfied after the examination of the complainant a India Law Library Docid # 2437271
(302) HUSSAIN MD. RIJUAN @ HUSSAIN MAHAMMAD RIZUWAN Vs. THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR[GAUHATI HIGH COURT] 15-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 417, 306, 376 — Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 6 — Quashing of Cognizance — Cognizance taken by Special Judge under Sections 417/306/376 IPC read with Section 6 POCSO Act — Petitioner accused of failed promise to marry leading to victim’s suicide — Allegations of love relationship and sexual relationship India Law Library Docid # 2437272
(303) NEW INDIA ASSURANCE CO. LTD. Vs. GAYATRIDHAM PHASE CO-OP. HOUSING SOCIETY AND ANOTHER[BOMBAY HIGH COURT] 15-12-2025 Consumer Protection Act, 1986 — Section 24A — Insurance Claim — Limitation — New India Assurance Policy (Standard Fire and Special Perils Policy) — Repudiation Claim — Cause of Action — Society renewed policy by cheque on July 17, 2005; heavy rain causing damage on July 26, 2005; insurer claimed policy cancelled on August 4, 2005 due to dishonored cheque (insufficiency of funds) — India Law Library Docid # 2436971
(304) MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. KALPITA ENCLAVE CO-OPERATIVE HOUSING SOCIETY AND OTHERS[BOMBAY HIGH COURT] 15-12-2025 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 & 2 — Injunction — Public Interest vs. Private Interest — Challenge to restrain Municipal Corporation from removing structures (security cabin, entrance gate, MS tin sheets) obstructing a Development Plan (DP) road — Structures erected by Co-operative Housing Societies (Original Plaintiffs) on land conveyed to the Corporation for DP road purposes since India Law Library Docid # 2436972
(305) ADANI POWER LIMITED Vs. PANCHANAND GUPTA AND OTHERS[CHHATTISGARH HIGH COURT] 15-12-2025 Land Acquisition Act, 1894 — Section 5A — Scope of Objections — A landowner's objection under Section 5A(1) must pertain to the acquisition of land itself (e.g., public purpose, necessity, or suitability) — Objections confined solely to the quantum of compensation, demand for employment, rehabilitation benefits, or environmental safeguards fall outside the statutory ambit of Section 5A, even if styled as such, and do India Law Library Docid # 2437528
(306) SMT. MONIKA BARETH AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 15-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeal against conviction — Penal Code, 1860 (IPC) — Section 302/34 and 201/34 — Murder and causing disappearance of evidence — Conviction based solely on circumstantial evidence heavily relying on testimony of a child witness and recovery based on memorandum statements — Standard of proof — Prosecution must prove case beyond reasonable doubt. India Law Library Docid # 2437529
(307) SHYAMLAL VISHNOI AND OTHER Vs. ICICI HOME FINANCE[RAJASTHAN HIGH COURT] 15-12-2025 Civil Procedure Code, 1908 (CPC) — Order 37 (Summary Procedure) — Order 37 Rule 4 (Power to set aside decree) — Ex parte decree — Setting aside decree passed under summary procedure — Requirements — Rule 4 mandates that an ex parte decree can be set aside only under "special circumstances" — Aim of summary procedure is expeditious adjudication of recovery disputes — Where appellants failed India Law Library Docid # 2437563
(308) MAHENDRAKUMAR NARANBHAI JADHAV Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 15-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 329 — Procedure in case of person of unsound mind tried before Court — Mandate — Where it appears to the trial court that the accused is of unsound mind and consequently incapable of making his defence, the court is mandatorily required to try the fact of such unsoundness and incapacity in the first instance, consider medical and other evidence, record a finding to that effect, and India Law Library Docid # 2437814
(309) SHRI SANJAY HARSHADBHAI RATHOD AND OTHERS Vs. GUJARAT INDUSTRIAL INVESTMENT CORPORATION LIMITED[GUJARAT HIGH COURT] 15-12-2025 Limitation Act, 1963 — Section 5 — Condonation of Delay — Ex parte Decree — Application seeking condonation of a delay of 941 days in filing a First Appeal against an ex parte decree — Grounds for Condonation — Claim of lack of knowledge of the decree until execution proceedings, despite public summons being issued previously due to "insufficient address" on service attempts — Held, the explanation for the huge delay was India Law Library Docid # 2437815
(310) AKSHYA KUMAR ALIAS ANKUSH Vs. STATE OF HP[HIMACHAL PRADESH HIGH COURT] 15-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 397 (Revisional Jurisdiction) — Scope of Interference — Concurrent Findings of Fact — The revisional court is not an appellate court and its jurisdiction is narrow, primarily to correct patent defects, errors of jurisdiction, or errors of law — Where concurrent findings of fact regarding conviction are based on a detailed appreciation of evidence by the trial court and the appellate court, the revisional court should not re-appreciate the India Law Library Docid # 2437996
(311) SAMEEL DEEN Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 15-12-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 237 — Penal Code, 1860 (IPC) — Sections 307 and 326 — Conviction for lesser offence (Section 326 IPC) when charged with gravest offence (Section 307 IPC) — Where the facts proved in evidence indicate the commission of a different, lesser offence for which the accused might have been charged (e.g., Section 326 IPC instead of Section 307 IPC), India Law Library Docid # 2437997
(312) DHARMENDER Vs. PREM CHAND AND OTHERS[HIMACHAL PRADESH HIGH COURT] 15-12-2025 Himachal Pradesh Urban Rent Control Act, 1987 — Section 14(2)(i), Third Proviso — Eviction for non-payment of rent — Statutory right to avoid eviction — Tenant must pay the amount of rent due within 30 days from the date of the Rent Controller's eviction order — Subsequent payment of arrears made after 30 days, even if made pursuant to an interim direction by a higher court (Appellate Authority/High India Law Library Docid # 2437987
(313) K.AMUTHA @ ROUCCOUMANIAMMALLE Vs. SOUNDIRAMMAL @ INDIRANIAMMAL (DIED) AND OTHERS[MADRAS HIGH COURT] 15-12-2025 Civil Procedure Code, 1908 (CPC) — Order 13 Rule 3 read with Section 151 — Eschewing of Document — Admissibility of Unregistered/Insufficiently Stamped Document (Family Arrangement) — Objection regarding insufficient stamp duty cannot be raised once the document (Ex-B.15, alleged Family Arrangement Agreement) is marked without objection from the opposing party; the objection is India Law Library Docid # 2438120
(314) THE GOVERNMENT OF INDIA Vs. S.SOMASUNDARAM(DECEASED) AND OTHERS[MADRAS HIGH COURT] 15-12-2025 Freedom Fighters Pension Scheme — Swatantrata Sainik Samman Pension Scheme, 1980 (SSS Scheme) — Central Scheme vs. State Scheme — Eligibility Criteria — Scope of Judicial Review — The SSS Scheme is a welfare scheme and a concession, which must be implemented strictly according to the stipulated terms and conditions — High Courts, in exercise of powers of judicial review, cannot expand India Law Library Docid # 2438121
(315) DALMIA CEMENT (BHARAT) LIMITED Vs. THE UNION OF INDIA AND OTHERS[MADRAS HIGH COURT] 15-12-2025 Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) — Section 10B — Mining Lease — Grant of Lease — Major Minerals — Statutory requirement for grant of mining leases for major minerals is by way of public auction only, barring exceptions under Section 10A or Section 17A of the MMDR Act — Applications for mining lease filed prior to 2015 amendment requiring auction are subject to compliance with current statutory provisions — Authorities directed to India Law Library Docid # 2438122
(316) MOKSH LATA Vs. MANOHAR LAL SOOD THR LRS AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 12-12-2025 Indian Partnership Act, 1932 — Dissolution of Partnership at Will (Section 43) — Notice of Dissolution vs. Notice of Retirement (Section 32) — Where a partnership is "at will," a notice served by one partner stating he is "not willing to continue the partnership business" and demanding immediate settlement of accounts and share in firm properties constitutes an unmistakable intention to dissolve the firm under Section 43, not merely to retire under Section 32; The firm stands dissolved from the India Law Library Docid # 2437069
(317) MANISH Vs. AZAD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-12-2025 Motor Vehicles Act, 1988 — Section 166 — Compensation for Injuries — Enhancement — Principles of Just Compensation — The object of awarding damages is to make good the loss suffered as a result of the wrong done, in a fair, reasonable, and equitable manner; compensation must, to the extent possible, fully and adequately restore the claimant to the position prior to the accident — Heads under which compensation is awarded include Pecuniary Damages (treatment expenses, loss of India Law Library Docid # 2437070
(318) IRWIN EDMUND SEQUEIRA AND OTHERS Vs. SALE PROCEEDS OF MV KARNIKA[BOMBAY HIGH COURT] 12-12-2025 Admiralty Jurisdiction — Intervention in Suit in Rem — Bombay High Court (Original Side) Rules, 1980 — Rule 1086 — CPC, 1908 — Order 1 Rule 10 — Criteria for Intervention — Where a ship against which a suit in rem is brought is under arrest or money representing the proceeds of sale is in Court, a person with an "interest" in that ship or money may, with leave of the Judge, intervene in the suit (Rule 1086) — The existence of an interest in the vessel or sale proceeds is the true and only test f India Law Library Docid # 2437256
(319) SHRI. BHAGWAT SOPAN BANKAR AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 12-12-2025 Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018 — Sections 3, 5, 36, 44, 48 — Appointment of Administrator — Validity — Appointment of Collector as Administrator on the same day the Act came into force (appointed day) — The statutory scheme contemplates the constitution of a Management Committee under Section 5 before the provision for appointment of an Administrator under Section 36 can be triggered — Section 36 is contingent upon the existing Committee (appointed under India Law Library Docid # 2437121
(320) BALAJI HANUMANT PAWAR Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (CIRCUIT BENCH AT KOLHAPUR)] 12-12-2025 Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Ofenders and Dangerous Persons Act, 1981 (MPDA Act) — Section 3(1) — Preventive Detention — Challenge to Detention Order — Unexplained Delay — Proposal for detention submitted by Superintendent of Police to District Magistrate's office on 4th February, 2025; noting submitted to Additional District Magistrate on 21st February, 2025 — Finding that there was unexplained delay of approximately twenty days (from India Law Library Docid # 2437183