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(381) SUMIT AND OTHERS Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 17-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 173(8) — Further investigation and Supplementary Charge-sheet — Requirement of Court's leave — Although Section 173(8) does not specifically mandate seeking leave of the Magistrate for 'further investigation' or filing a 'supplementary report', it has been adopted as a legal practice and procedure of propriety for the investigating agencies to seek such permission. (Paras 7,
India Law Library Docid # 2437004

(382) NEELAM RANI @ NEELAM SINGLA Vs. RAJESH KUMAR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Civil Procedure Code, 1908 (CPC) — Execution of Decree — Objections to Execution — Delaying Tactics — The Executing Court must not frame issues and adjourn the case for evidence in a routine manner based on frivolous objections aimed solely at delaying the execution of a final eviction decree, even if the objectors claim subsequent purchase of part of the property; such actions would result in endlessly
India Law Library Docid # 2437056

(383) SAMEER BANSAL AND ANOTHER Vs. M/S PREMEDIUM PHARMACEUTICALS PVT LTD AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Arbitration and Conciliation Act, 1996 — Section 5 — Arbitration Proceedings — Judicial Intervention — Non-obstante clause under Section 5 emphasizes minimal judicial intervention in matters governed by the Act — Order passed by a Sole Arbitrator rejecting an application for amendment of the statement of claim is a procedural order — Challenge to such procedural order under Article 227 of the Constitution of India is generally not maintainable as it does not fall under the
India Law Library Docid # 2437057

(384) MARKET COMMITTEE, AHMEDGARH Vs. M/S PARKASH CHAND-KIDAR NATH[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Punjab Rural Development Fund Act, 1987 — Section 5 and Section 5(2-A) — Levy of Rural Development Fee (RDF) — Liability to pay interest on delayed payment — Where writ petitions challenging the levy were dismissed, the liability to pay the principal amount of the fee stood concluded — Interest is recoverable on delayed payment of statutory levy (RDF) even in the absence of a specific provision, based on the equitable doctrine of restitution, as the plaintiff-dealer retained statutory
India Law Library Docid # 2437058

(385) HVPNL THROUGH CHAIRMAN-CUM-M.D. HVPNL LTD. AND OTHERS Vs. LAL CHAND CHANDNA[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Civil Service — Military Service Benefit — Counting Intervening Period for Pension — Emergency Concession Rules, 1965 — Suit for Declaration — Respondent retired in 1998, received military service benefit for seniority and increments but was denied benefit of counting the intervening period (between discharge from Army and appointment in civil employment) for pension as it exceeded one year — Civil suit decreed allowing counting of the entire intervening
India Law Library Docid # 2437059

(386) INDERJIT Vs. RAM BHAJ[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Negotiable Instruments Act, 1881 — Section 138 — Sentence reduction — Mitigating circumstances for reducing sentence to period already undergone — Offence relates to 1995, nearly three decades having elapsed — Offence stemming from a friendly loan and not affecting society at large or shocking public conscience — Petitioner being elderly and having undergone agony of protracted trial for thirty years — Petitioner has shown reformative behavior by not indulging in any other
India Law Library Docid # 2437060

(387) BIR SINGH Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Penal Code, 1860 (IPC) — Sections 279 (Rash driving) and 304-A (Causing death by negligence) — Revision Petition against conviction and sentence — Petitioner confining appeal only to quantum of sentence, not challenging conviction — Conviction upheld.
India Law Library Docid # 2437061

(388) RAJU Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Penal Code, 1860 (IPC) — Section 279 (Rash driving) and Section 304-A (Causing death by negligence) — Evidence and Proof — Conviction based on cogent and convincing evidence, including identification of the accused by an eye-witness (PW3), recovery of the offending vehicle, and admission by the vehicle owner (PW2, though hostile on one aspect) about the accused being the driver — Manner of accident (dumper hitting motorcycle from behind) indicating rash and negligent act —
India Law Library Docid # 2437062

(389) PRITPAL SINGH BATRA @ GIFFY BATRA Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Unlawful Activities (Prevention) Act, 1967 (UAPA) — Sections 13, 16, 20, 43-D(5), 45 — Regular Bail — Grant of bail in UAPA cases — Right to speedy trial under Article 21 of the Constitution — Appellant accused of offences under Arms Act, IPC, and UAPA — Appellant not named in FIR, nominated based on co-accused's disclosure statement and appellant's own disclosure leading to recovery of
India Law Library Docid # 2437063

(390) BHOLA SINGH AND OTHERS Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 17-11-2025
Unlawful Activities (Prevention) Act, 1967 (UAPA) — Section 15 — Terrorist Act — Definition and applicability — Allegation that murder of a "Dera Premi" (Pardeep Singh Kataria @ Raju Dodhi, who was an accused in a sacrilege case) was committed using firearms with the intent to strike terror among people/followers of Dera Sacha Sauda, making the act prima facie fall under the definition of 'Terrorist Act' under Section 15 UAPA.
India Law Library Docid # 2437064

(391) SUSHANT NAYAK Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 17-11-2025
Penal Code, 1860 (IPC) — Section 375 (Explanation 2), Section 376(2)(n), Section 90, Section 44 — Information Technology Act, 2000 — Section 67 — Rape — Consent — Consent obtained by 'fear of injury' — Meaning of 'Injury' (Section 44 IPC) includes harm to body, mind, reputation, or property — Whether ostensible consent was vitiated by 'fear of injury' under Section 90 IPC, thereby constituting rape under Section 375 IPC — The victim (major, aged 24) maintained a relationship with the appellant f
India Law Library Docid # 2435848

(392) SUMEET KUMAR BEHRA Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 17-11-2025
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 22(a), 22(b) — Quantification of Narcotic Substance — Small Quantity vs. Intermediate Quantity — Conviction — Determination of quantity of psychotropic substance must be based on the actual content of the active narcotic drug and not the total weight of the mixture or preparation — Reliance on Standing Order No. 1055(E) dated 19.10.2001.
India Law Library Docid # 2435849

(393) KAMAL Vs. CHALLANI GINNING AND PRESSING FACTORY[BOMBAY HIGH COURT (AURANGABAD BENCH)] 17-11-2025
Civil Procedure Code, 1908 (CPC) — Order 21 Rules 97 to 103 — Resistance or obstruction to possession of immovable property — Adjudication of third party claims — Scope and mandatory duty of Executing Court — A third party (Objector/Appellant), who is mother of Judgment Debtor (JD), filing objection claiming independent 1/3rd share in attached and auctioned property (a non-decreetal property) as joint family property purchased out of joint family nucleus — Objection filed under Order 21 Rule
India Law Library Docid # 2437118

(394) MEDIWAL NAGENDRA DASTGI (DECEASED) HEIRS AND OTHERS Vs. KSHTRIYA DNYATI SABHA AND OTHERS[BOMBAY HIGH COURT] 17-11-2025
Civil Procedure Code, 1908 (CPC) — Order 5, Rule 15 — Service of Summons — Conflict between Central Legislation and Bombay Amendment — The Bombay Amendment of Order 5, Rule 15, which provided that service may be made only on an adult male member of the defendant's family, is inconsistent with the Central Legislation (which permits service on any adult member, male or female) and stands repealed by Section 16(1) of the Code of Civil Procedure (Amendment) Act, 2002 and
India Law Library Docid # 2437162

(395) THE BANDRA HOLY FAMILY HOSPITAL SOCIETY AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 17-11-2025
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Scope and Interpretation — Right to life and health — Abandonment of Senior Citizen by Son — A son's refusal to take his ailing 76-year-old mother (patient), who is fit for discharge, from the hospital, refusal to pay outstanding medical bills (Rs. 16,00,000/-), and refusal to give an undertaking to care for her, while raising unsubstantiated claims of medical negligence, constitutes, prima facie, 'abandonment' under Section
India Law Library Docid # 2437175

(396) BALASAHEB LALASAHEB JADHAV AND OTHERS Vs. VYANKATRAO SHANKARRAO JADHAV AND OTHERS[BOMBAY HIGH COURT (CIRCUIT BENCH AT KOLHAPUR)] 17-11-2025
Civil Procedure Code, 1908 — Order 6 Rule 17 — Amendment of Plaint — Inclusion of Additional Suit Property — Partition Suit — At Appellate Stage — Plaintiffs' suit for partition dismissed by Trial Court based on finding that certain joint family property (Block No. 28-B) was not included in the 'common hotchpotch' (Issue of Non-joinder of Property) — Plaintiffs sought amendment at the appellate stage (8 years after filing appeal) to include this property — Appellate Court allowed the amendment —
India Law Library Docid # 2437187

(397) SRI MAHESH SHETTY THIMARODI Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 17-11-2025
Karnataka Police Act, 1963 — Section 55 (a), (b), (c) — Order of Externment — Grounds for issuance — Requirement to specify clause — An externment order must clearly indicate under which provision {Clause (a), (b), or (c) of Section 55} it is passed.
India Law Library Docid # 2435936

(398) ANAND S/O. DURGAPPA GOLLAR Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT (DHARWAD BENCH)] 17-11-2025
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 9, 10, 29, 30 — Sexual Assault on a child below 12 years of age — Aggravated Sexual Assault (Section 9(m)) — Presumption of guilt (Section 29) and mens rea (Section 30) — Requirement for conviction — Solitary testimony of the victim girl (PW-8) found natural, reliable, and inspiring confidence, corroborated by medical
India Law Library Docid # 2435943

(399) NITIN Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-11-2025
Civil Procedure Code, 1908 (CPC) — Section 141 and Order 41 Rule 17 — Applicability to Writ Proceedings — Proceedings under Article 226 of Constitution of India are explicitly excluded from the scope of "proceedings" defined under the Explanation to Section 141 CPC (Miscellaneous proceedings) — Consequently, the procedural provisions of CPC, including principles governing dismissal of appeals for
India Law Library Docid # 2435655

(400) THE STATE OF ANDHRA PRADESH AND OTHERS Vs. RAJOLA JAGANNADHA REDDY AND OTHERS[ANDHRA PRADESH HIGH COURT] 17-11-2025
Service Law — Compassionate Appointment — Land Displaced Persons — Policy — Andhra Pradesh G.O.Ms.No.98 of 1986 — Providing employment quota (50% of Junior Assistant/Typist equivalent posts and below) to displaced families/dependants whose lands were acquired for Major and Medium Irrigation & Power Projects — Initial condition of one-year limitation for application (from date of displacement)
India Law Library Docid # 2436194

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