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(321) JYOTIBEN Vs. RAVIKANT[GUJARAT HIGH COURT] 30-09-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope — High Court cannot re-appreciate evidence in a second appeal and interfere with concurrent findings of fact by lower courts unless findings are erroneous, contrary to law, based on inadmissible evidence, or without evidence.
India Law Library Docid # 2434149

(322) GULMAMADBHAI ISMAILBHAI PATANI Vs. PRITESHBHAI RAMESHCHANDRA BHATT[GUJARAT HIGH COURT] 30-09-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Grounds for — Failure to prove ownership and possession by plaintiff established by concurrent findings of lower courts — Appeal dismissed as devoid of substantial questions of law.
India Law Library Docid # 2434150

(323) LAXMANSINH RAMBAHADURSINH Vs. SHRI NAGARVEL NA HANUMANJI MAHARAJ-A TRUST AND OTHERS[GUJARAT HIGH COURT] 30-09-2025
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(e) — Suit for eviction based on subletting — Landlord filed suit for eviction against tenant on grounds of arrears of rent and subletting — Trial Court decreed eviction based on subletting — Appellate Court confirmed decree — Revision Application challenging decree — Held that tenant's admission of sale of premises to defendant no.2 and failure to
India Law Library Docid # 2434151

(324) PREM BAHADUR SUNDAR BAHADUR @ SHERSINGH BIST(GURKHA) Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-09-2025
Penal Code, 1860 (IPC) — Sections 363, 366 — Kidnapping and Abduction — Essential ingredients for kidnapping from lawful guardianship not proven — FIR lodged on suspicion — Victim voluntarily left home after argument with mother — Victim found at maternal uncle's house — Father and mother deny accused took victim from legal guardianship — Victim declared hostile, denies allegations — Conviction set aside.
India Law Library Docid # 2434152

(325) KHUSHALBHAI KIKABHAI PATEL AND OTHERS Vs. ISHWARLAL THAKOREBHAI NAYAK AND OTHERS[GUJARAT HIGH COURT] 30-09-2025
Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction — High Court can interfere with lower court's discretionary order if it is erroneous, perverse, arbitrary, or contrary to settled law.
India Law Library Docid # 2434153

(326) ASHOKBHAI DALICHANDJI CHHAJED Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 30-09-2025
Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque for insufficiency of funds — Appeal against acquittal — Complainant filed complaint under Section 138 NI Act after cheques issued in compliance with settlement agreement were dishonored due to insufficient funds — Accused evaded service of summons and warrants, but eventually appeared — Stage of cross-examination of complainant was closed, and matter was pending for accused’s statement when trial court dismissed
India Law Library Docid # 2434154

(327) MANUBHAI HARGOVANDAS PATEL Vs. CITY AND INDUSTRIAL DEVELOPMENT[BOMBAY HIGH COURT] 30-09-2025
Contempt of Courts Act, 1971 — Section 2(c) — Criminal Contempt — Scandalising the court — Making baseless allegations of corruption and using derogatory remarks against judges and the judiciary amounts to criminal contempt — Such actions lower the authority and dignity of the court and interfere with the administration of justice.
India Law Library Docid # 2434363

(328) MAHINDRA DEFENCE SYSTEMS LIMITED Vs. RANJANA INDUSTRIES[BOMBAY HIGH COURT] 30-09-2025
Arbitration and Conciliation ACT, 1996 — Section 37 — Appeal against order under Section 34 — Scope limited to grounds under Section 34 — Court will not re-examine evidence.
India Law Library Docid # 2434364

(329) THE COURT RECEIVER HIGH COURT, BOMBAY Vs. MUMBAI LABOUR UNION AND OTHERS[BOMBAY HIGH COURT] 30-09-2025
Partnership Act, 1932 — Section 43 — Dissolution by notice of partnership at will — A partnership at will can be dissolved by a partner giving written notice to others. Dissolution occurs from the date mentioned in the notice or from the date of communication.
India Law Library Docid # 2434494

(330) STATE OF MAHARASHTRA AND OTHERS Vs. AAKASH SANDHI BINDU AND OTHERS[BOMBAY HIGH COURT] 30-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 — Cancellation of bail — Order granting bail was perverse and overlooked relevant material — Bail granted without considering gravity of offence and material on record — Impugned order set aside and bail cancelled.
India Law Library Docid # 2434487

(331) MANDEEP KAUR AND ANOTHER Vs. HARPREET SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-09-2025
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Deficient court fee — Application for dismissal of suit due to insufficient court fee was allowed by the trial court — High Court found no infirmity in the impugned order.
India Law Library Docid # 2433880

(332) ARVIND GUPTA @ ARVIND KUMAR GUPTA AND ANOTHER Vs. SHRI SATYA NARAIN BHAGWAN TRUST, REWARI AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 29-09-2025
Haryana Urban (Control of Rent and Eviction) Act, 1973 — Section 13 — Eviction petition — Order of Rent Controller — Challenge to order refusing to recall previous order wherein tenant's counsel stated no further evidence to be led except proving a document by secondary evidence — High Court found it unacceptable that parties or counsel were unaware of the recorded statement for a long period — Tenants barred from
India Law Library Docid # 2433881

(333) SARABJIT KAUR AND OTHERS Vs. BALJIT KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 29-09-2025
Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10 — Impleading parties — Trial court allowed application to implead a subsequent purchaser as a party in a suit challenging a sale deed — Court held that the purchaser was a transferee pendente lite and bound by the doctrine of lis pendens, therefore, not a necessary or proper party.
India Law Library Docid # 2433882

(334) BIKRAMJIT SINGH Vs. VARUN KUMAR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 29-09-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Proviso — Trial commenced — Amendment after commencement of trial — Not allowed unless due diligence shown — Issues framed and case set for recording evidence signifies commencement of trial — Amendment application filed after issues framed, without showing due diligence, is hit by proviso and cannot be allowed.
India Law Library Docid # 2433883

(335) M/S. OBEROI CONSTRUCTION COMPANY Vs. M/S. NITASHA CONSTRUCTION[PUNJAB AND HARYANA HIGH COURT] 29-09-2025
Civil Procedure Code, 1908 (CPC) — Section 151 — Limitation Act, 1963 — Section 5 — Condonation of delay — Court can condone delay in filing appeals for valid reasons and a period of 177 days was condoned.
India Law Library Docid # 2433930

(336) SURJIT KAUR (SINCE DECEASED) THROUGH HER LRS Vs. PAWAN KUMAR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 29-09-2025
Civil Procedure Code, 1908 (CPC) — Section relatable to appeal (implied) — Regular Second Appeal — Scope limited, especially in Punjab and Haryana High Court — Appeals treated under Section 41 of Punjab Courts Act, 1918, not Section 100 CPC — No question of law strictly required to be framed, but court examines for
India Law Library Docid # 2433931

(337) JAWAHAR SINGH (SINCE DECEASED) THROUGH HIS LRS Vs. LAL SINGH[PUNJAB AND HARYANA HIGH COURT] 29-09-2025
Civil Procedure — Regular Second Appeal — Scope — In Punjab and Haryana, second appeals 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 for such appeals.
India Law Library Docid # 2433932

(338) NATUBHAI DHIRUBHAI NAIK AND ANOTHER Vs. ALKESHBHAI KASHIRAM PATEL AND ANOTHER[GUJARAT HIGH COURT] 29-09-2025
Specific Relief Act, 1963 — Section 16(c) — Readiness and Willingness — Agreement to sell — Unregistered document — Admissibility for evidence vs. basis for decree — Trial court erred in granting specific performance based on unregistered agreements because they are inadmissible as a basis for a decree, can only be used for evidentiary purposes, and do not confer title or rights.
India Law Library Docid # 2434155

(339) ANILKUMAR MORALILAL DUBE Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 29-09-2025
Penal Code, 1860 (IPC) — Sections 365, 367, 342, 377, 384, 323, 325, 506(1), 392 read with Sections 34 and 114 — Conviction and Sentence — Appeal against — Held, prosecution successfully proved charges beyond reasonable doubt — Evidence of injured witnesses was consistent and reliable, corroborated by medical evidence — Common intention and pre-arranged plan established — Conviction under Sections 325 and 328 IPC set aside as not sustainable.
India Law Library Docid # 2434156

(340) STATE OF GUJARAT Vs. ANAND MAHENDRABHAI PATEL (NOMINEE OF THE MANUFACTURING FIRM) AND ANOTHER[GUJARAT HIGH COURT] 29-09-2025
Prevention of Food Adulteration Act, 1954 — Sections 2(i-a)(m), 7(i), 7(v), 16 — Adulteration of Food — Appeal against Acquittal — Scope of Appellate Court’s Power — Appellate court has full power to review and re-appreciate evidence in appeals against acquittal, similar to appeals against convictions. While there is a double presumption of innocence in favour of an accused who has been acquitted, the appellate court can interfere if it finds manifest illegality or perversity in the trial court'
India Law Library Docid # 2434157