ive
(421) RAHEMATBAI MAHMAD TAMACHI (SANDHI) AND ANOTHER Vs. M. IQBALKHAN AZAMKHAN PATHAN[GUJARAT HIGH COURT] 25-09-2025 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 13(1)(L) — Eviction of tenant — Landlord's right to recover possession — Tenant acquiring suitable alternative residence — The plaintiff landlord is entitled to recover possession if it is proven that the tenant, after the Act came into force, has built, acquired vacant possession of, or been allotted a suitable residence — In this case, the defendants India Law Library Docid # 2434164
(422) FOOD CORPORATION OF INDIA Vs. HEIRS OF KANABHAI SOMABHAI (DECD.) AND OTHERS[GUJARAT HIGH COURT] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal Against Judgment and Decree — Appeal filed against a judgment partly allowing a suit for recovery of damages and rejecting a counter-claim. The appellate court reviews whether the trial court's appreciation of evidence and interpretation of contract terms were erroneous or perverse. India Law Library Docid # 2434167
(423) RAJENDRAKUMAR RAMRATAN ARORA AND ANOTHER Vs. SANKLCHAND JECHANDBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — High Court's power to interfere with findings of fact — High Court cannot interfere with findings of fact by the first Appellate Court unless such findings are erroneous, contrary to law, based on inadmissible evidence, or without evidence. India Law Library Docid # 2434170
(424) CHANDRAKANT PANDHARINATH SOLUNKE AND OTHERS Vs. POWER GRID CORPORATION OF INDIA LTD.[BOMBAY HIGH COURT (AURANGABAD BENCH)] 25-09-2025 Telegraph Act, 1885 — Section 16(3) and 16(5) — Compensation disputes — Finality of District Judge's decision — Decisions of District Judge under Section 16(3) and 16(4) are final and not appealable under Section 96 of the Civil Procedure Code, 1908. India Law Library Docid # 2434509
(425) DELOITTEE CONSULTING INDIA PRIVATE LIMITED Vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTER, NEW DELHI, INDIA AND ANOTHER[TELANGANA HIGH COURT] 25-09-2025 Income Tax Act, 1961 — Sections 147, 148, 148A, 151 — Reassessment Proceedings — Advance Pricing Agreement (APA) — Modified Return — Jurisdiction of Assessing Officer — Held that the Assessing Officer (AO) cannot re-examine and make additions to income disclosed in a modified return filed under an APA if there is no adverse report from the Transfer Pricing Officer (TPO) or the CBDT. The jurisdiction to audit India Law Library Docid # 2434568
(426) PARVEJ Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 25-09-2025 Penal Code, 1860 (IPC) — Sections 316(3), 318(4), 316(5), 316(6), 61(2) of BNS, 2023 — Criminal Revision — Challenge to remand order — Arrest and remand of revisionist challenged on grounds of non-compliance with mandatory requirement of informing accused of grounds of arrest, specifically not informed in writing and India Law Library Docid # 2434669
(427) SMT. KAMLA DEVI Vs. THE ORIENTAL INSURANCE CO. LTD. AND OTHERS[UTTARAKHAND HIGH COURT] 25-09-2025 Motor Vehicles Act, 1988 — Section 173 — Appeal against award of Motor Accident Claims Tribunal — Enhancement of compensation — Appellant is mother of deceased, aged 63, widow, and wholly dependent on deceased son who was sole breadwinner — Tribunal awarded ₹10,00,000 to appellant, disproportionately India Law Library Docid # 2434670
(428) S. VENKATESAN Vs. SUNDARAM FASTENERS LIMITED[MADRAS HIGH COURT] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Order XXXIII and Order XLIV — Application to appeal as an indigent person — Definition of "indigent person" — Means inability to pay court fees or not owning property worth one thousand rupees, excluding essentials. Indigency is determined by financial capacity to pay court fees. India Law Library Docid # 2434781
(429) KANDHASAMY Vs. MAGUDEESHWARI AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 25-09-2025 Bharatiya Sakshya Adhiniyam, 2023 — Section 116 — Presumption of legitimacy of child born during marriage — A child born during a marriage is presumed to be legitimate unless it's proven that the parents had no access to each other during the period the child could have been conceived — This presumption aims to prevent unnecessary India Law Library Docid # 2434782
(430) SELVARAJ AND OTHERS Vs. MARIAMMAL AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 25-09-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeals from original decrees — Appeal Suit challenging a preliminary decree for partition — The appeal was dismissed as the appellants (defendants) failed to prove their claim of ouster. India Law Library Docid # 2434783
(431) NABAKISHORE BARIK Vs. BRAHMAHARI SHANKAR DASH[ORISSA HIGH COURT] 24-09-2025 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Cheque admitted in evidence without objection — Signature on cheque not disputed at the time of marking it as an exhibit — Subsequent application to send cheque for handwriting expert opinion rejected — Held, proper procedure would have been to file application under Section 45 of the Evidence Act, 1872, for expertise opinion, as the cheque had already India Law Library Docid # 2433145
(432) SMT. POOJA Vs. SOURABH KHUSHWAHA[MADHYA PRADESH HIGH COURT] 24-09-2025 Family Court Act, 1984 — Section 19 — First Appeal — Hindu Marriage Act, 1955 — Section 13(1A)(ii) — Divorce — Restitution of Conjugal Rights — Once a decree for restitution of conjugal rights is passed and there has been no resumption of marital ties for a period of one year or more, either party can seek a divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955. The court does not need to re-examine the "reasonable India Law Library Docid # 2433283
(433) NIL KUMAR PRADHAN AND OTHERS Vs. STATE OF SIKKIM AND OTHERS[SIKKIM HIGH COURT] 24-09-2025 Legal Services Authorities Act, 1987 — Sections 19(5) and 20(2) — Lok Adalat — Jurisdiction in pre-litigation cases — A party cannot directly approach a Lok Adalat by filing pre-litigation cases. Instead, they must first submit an application to the relevant "Authority" or "Committee" organizing the Lok Adalat. This "Authority" or "Committee" then decides whether to refer the matter to the Lok Adalat after hearing both parties. India Law Library Docid # 2433409
(434) NEW INDIA ASSURANCE COMPANY LIMITED Vs. ANNALAKSHMI AND OTHER[MADRAS HIGH COURT (MADURAI BENCH)] 24-09-2025 Motor Vehicles Act, 1988 — Section 163A — Claim petition — Maintainability — A borrower or permissive user of a vehicle cannot maintain a claim petition under Section 163A against the owner or insurer, as they step into the shoes of the owner and cannot be both claimant and recipient. The deceased must be a third party. India Law Library Docid # 2433700
(435) HARBANS KAUR AND ANOTHER Vs. MOHINDER SINGH (DECEASED) THROUGH HIS LRS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-09-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Application for amendment of plaint filed after commencement of trial — Amendment disallowed if not filed with due diligence — Proviso to Order 6 Rule 17 CPC restricts court’s power to allow amendments after trial has commenced, India Law Library Docid # 2433924
(436) JAGWANT SINGH Vs. PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-09-2025 Civil Procedure Code, 1908 (CPC) — Section 151 and Order 18 Rule 17 — Recalling witness for further cross-examination — Not a matter of right, but a discretion of the Court to be exercised judiciously to meet the ends of justice — Court's inherent power under Section 151 CPC is not affected by express power under India Law Library Docid # 2433925
(437) SMT. BABITA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-09-2025 Constitution of India, 1950 — Article 226 — Writ of Habeas Corpus — Scope of — Not maintainable for supervising investigation of a Missing Person Report (MPR) — Such petitions are maintainable only when there is illegal detention — Grievance against the manner of investigation of an MPR is to be addressed through other remedies under the Code of Criminal Procedure (Cr.P.C.). India Law Library Docid # 2433961
(438) STATE OF RAJASTHAN Vs. JAGAN SINGH AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-09-2025 Penal Code, 1860 (IPC) — Sections 147, 148, 302/149 and 460 — Appeal against acquittal — Scope of interference — Appellate court can interfere with an order of acquittal only if the judgment suffers from patent perversity, is based on misreading or omission to consider material evidence, or if no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence. India Law Library Docid # 2433962
(439) RAVINDRA GURJAR Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 24-09-2025 Rajasthan Municipalities Act, 2009 — Section 336(2) — Transfer of Municipality employee to Development Authority — Power rests solely with the State Government — The term 'transfer' used in the section does not imply deputation and does not require the consent of the employee; the employee has no option but to join the transferred post. India Law Library Docid # 2433975
(440) UGMA Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 24-09-2025 Penal Code, 1860 (IPC) — Section 307 — Attempt to murder — Conviction of one accused and acquittal of others on similar evidence — No reasonable distinction shown — Trial court wrongly distinguishes evidence when no justification exists — Appeals allowed due to lack of distinguishable features. India Law Library Docid # 2433976