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(661) SH. GAURAV SHARMA AND ANOTHER Vs. M/S DURGA AND SONS[HIMACHAL PRADESH HIGH COURT] 29-12-2025 Civil Procedure Code, 1908 (CPC) — Order 18, Rule 3-A — Examination of Party as Witness — Application for permission to testify at a later stage — Mandatory nature of Order 18, Rule 3-A requires a party wishing to appear as a witness to do so before any other witness on their behalf is examined, unless the Court permits otherwise for reasons recorded — Rule 3-A is procedural and aims to prevent a party India Law Library Docid # 2437986
(662) SMT. BHARTI SINGH Vs. PAWAN KUMAR AND OTHERS[UTTARAKHAND HIGH COURT] 29-12-2025 U.P. Zamindari Abolition and Land Reforms Act, Section 143 — Change of user of land — Declaration of change of user granted during consolidation operations — Revisional authorities held that this was in disregard of statutory scheme and Assistant Collector lacked jurisdiction — High Court found no patent illegality or jurisdictional error in revisional authorities' approach, considering Section 5(1)(c) of U.P. India Law Library Docid # 2438400
(663) SMT. MOHNI DEVI AND OTHERS Vs. M/S. KASHIPUR AUTOMOBILES SERVICE AND OTHERS[UTTARAKHAND HIGH COURT] 29-12-2025 Motor Vehicles Act, 1988 — Section 163-A — Compensation — Enhancement of — Motor accident claim — Claimant suffered amputation of right hand resulting in 80% permanent disability and loss of earning capacity — Tribunal awarded a lump sum of Rs. 50,000/- without assessing permanent disability and its impact on earning capacity — High Court found the award inadequate and legally unsustainable, holding that India Law Library Docid # 2438401
(664) DR. D. IBRAHIM KHAN AND OTHERS Vs. CHIEF EXECUTIVE OFFICER AND OTHERS[ANDHRA PRADESH HIGH COURT] 29-12-2025 Waqf Act, 1995 — Section 54(3) — Illegal possession of Waqf property — When a Waqf Tribunal declares a party in illegal possession of Waqf property and orders removal of encroachment, and the party fails to establish title or claim with cogent evidence before the Tribunal, the order of the Tribunal should be upheld. India Law Library Docid # 2438461
(665) K. RADHAKRISHNA AND OTHERS Vs. STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 29-12-2025 A.P. Rights in Land and Pattadar Pass Books Act, 1971 — Section 5(3) and Rule 19(2) — Revenue authorities cancelling pattadar passbooks and title deeds without due notice and opportunity to interested parties — Held to be illegal and arbitrary, especially when civil disputes regarding title are involved and such adjudication falls within the purview of civil courts. India Law Library Docid # 2438462
(666) KAMIREDDY BHAVANI Vs. STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 29-12-2025 Constitution of India, 1950 — Articles 14 and 16 — Public recruitment — Merit vs. Preference — Held, merit should be the primary criterion for selection, and an interpretation of rules that prioritizes preference over merit is anti-merit and should be read down to avoid injustice. India Law Library Docid # 2438464
(667) V.K. CONSTRUCTION AND ANOTHER Vs. TEJ VEER AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 26-12-2025 Negotiable Instruments Act, 1881 (NI Act) — Section 138, Section 148 — BNSS, 2023 — Section 528 (read with Section 430 and Section 395) — Suspension of Sentence pending appeal — Condition of depositing 20% compensation amount — Appellate Court's power — The imposition of a condition to deposit 20% of the compensation amount under Section 148 of India Law Library Docid # 2437792
(668) YERRAMASU SRINIVASA RAO Vs. M/S. OXYGEN EQUIPMENT ENGG. P. LIMITED AND ANOTHER[ANDHRA PRADESH HIGH COURT] 26-12-2025 Motor Vehicles Act, 1988 — Section 173 — Appeals — Common judgment for multiple appeals arising from the same award and decree — High Court can hear and dispose of appeals together if they stem from the same award and decree. (Para 3) India Law Library Docid # 2438463
(669) A.O. SMITH CORPORATION AND ANOTHER Vs. STAR SMITH EXPORT PVT. LTD. AND ANOTHER[DELHI HIGH COURT] 24-12-2025 Trade Marks Act, 1999 — Section 29(5) — Trade Mark Infringement — Passing Off — Interim Injunction — Use of registered trade mark as a trade name or part of trade name — Relief sought against Impugned Trade Name (Star Smith Export Pvt. Ltd.) and Impugned Domain Name (http://www.starsmith.in/) — Already established that 'SMITH' is dominant part of Plaintiffs' (A.O. SMITH CORPORATION AND ANR.) Trade Marks and Impugned Trade Marks are deceptively similar, and India Law Library Docid # 2437315
(670) NATIONAL INSURANCE COMPANY LTD. Vs. MAHESHWARI DEVI AND OTHERS[DELHI HIGH COURT] 24-12-2025 Motor Vehicles Act, 1988 — Section 166 (Claim Petition for Negligence) and Section 163A (Structured Formula Compensation) — Negligence — Determining Factor — When Claim Under Section 166 Fails to Prove Negligence — Tribunal finding that deceased motorcyclist failed to prove rash/negligent driving by truck driver because truck was stationary and hit from behind — Held, such finding is inconsistent with law (Archit Saini) — Improper or wrongful parking of a vehicle is India Law Library Docid # 2437316
(671) STATE Vs. KAMAL[DELHI HIGH COURT] 24-12-2025 Criminal Procedure Code, 1973 (CrPC) — Appeal Against Acquittal — Standard of Review — Scope of Interference — An order of acquittal cannot be set aside merely because a different view is possible — The Appellant-State must demonstrate illegality or perversity in the findings, or that the conclusion ignores material evidence — Absent such demonstration, the High Court will not interfere with the reasoned judgment of the Trial Court. India Law Library Docid # 2437317
(672) DR D K MODI Vs. V K MODI AND OTHERS[DELHI HIGH COURT] 24-12-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Scope — A plaint can only be rejected if it fails to disclose a cause of action, based strictly on the grounds listed under Order 7 Rule 11, and not on matters concerning the merits of the case or the eventual relief India Law Library Docid # 2437318
(673) MAMTA DAS Vs. PUNEET DAS[DELHI HIGH COURT] 24-12-2025 Civil Procedure Code, 1908 — Order 47 Rule 1 — Review Jurisdiction — Scope — Review is maintainable only for error apparent on the face of the record, discovery of new and important matter, or for any other sufficient reason analogous to the foregoing — It is not a forum for re-agitating the matter on merits, seeking a rehearing of issues already adjudicated, or India Law Library Docid # 2437319
(674) AIRPORTS AUTHORITY OF INDIA Vs. SHRISTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD AND OTHERS[DELHI HIGH COURT] 24-12-2025 Aircraft Act, 1934 — Rules, Notifications, Height Restriction for Safeguarding Aircraft Operations Rules, 2015 (2015 Notification) — Airports Authority of India (AAI) — Grant/Rejection of No Objection Certificate (NOC) for building height near aerodrome — Judicial Review — Scope — Technical Determinations — Court's function is supervisory, ensuring action is within statutory mandate, adheres to natural justice, and avoids arbitrariness/perversity — Reassessment of technical conclusions (e.g., cl India Law Library Docid # 2437320
(675) RABARI BHARMIBEN MURU Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 24-12-2025 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013— Section 54 — Land Acquisition Act, 1894 — Land Acquisition Process — Applicability of New Act — Where the award under Section 11 of the old Act (Land Acquisition Act, 1894) was passed after the new Act (Land Acquisition Act, 2013) came into force (i.e., after 01.01.2014) — The award must India Law Library Docid # 2437660
(676) RAMNIKLA AND CO THRU CHETAN RAMNIKLAL MEHTA AND OTHERS Vs. PARESHKUMAR SHANKARLAL TRIVEDI[GUJARAT HIGH COURT] 24-12-2025 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act) — Section 13(1)(b) and Explanation — Eviction — Erection of Permanent Structure by Tenant — Definition of “Permanent Structure” — Tenant constructing a partition wall (10 ft. high, 20 ft. wide, 9 inch thick) with brick and mortar on a cement foundation, annexed to existing walls, replacing an old tin sheet partition due to corrosion — The construction of such a wall, particularly one that cannot be removed without using a India Law Library Docid # 2437661
(677) PARESH RASIKLAL MODI Vs. RAMESHBHAI JADAVBHAI PATEL AND OTHERS[GUJARAT HIGH COURT] 24-12-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) — Rejection of Plaint — Barred by Limitation — Suit for Specific Performance, Cancellation, and Declaration — Limitation Act, 1963, Article 54, 58, 59 — Agreement to Sell (Banakhat) fixed specific date (31.05.2011) for execution of sale deed and stipulated forfeiture if payment/execution not done by that date — Plaintiff waited nine years and six months India Law Library Docid # 2437662
(678) HEIRS OF MANSUKHLAL PRABHASHANKAR JOSHI AND OTHERS Vs. NARENDRASINH KIRITSINH OTHERS[GUJARAT HIGH COURT] 24-12-2025 Motor Accidents Claims Tribunal (MACT) — Compensation — Calculation of Notional Income and Future Prospects — Deceased was a Head-Constable, aged 41 years at the time of accident (1992) with a gross salary of Rs. 2,193/- per month (Net Rs. 2,173/-) — Tribunal's finding of Rs. 2,200/- per month salary affirmed — In line with Supreme Court principles (Sarla Verma and Pranay Sethi), 30% addition for future prospects applied, increasing monthly income to Rs. 2,860/-. India Law Library Docid # 2437663
(679) ARPAN KUMAR PUJARI Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 24-12-2025 Transfer — Incident of Service — An order of transfer is generally considered an incident of service and employees do not have a vested right to remain at a particular posting. India Law Library Docid # 2438148
(680) TRUPTIMAYEE BASTIA AND OTHERS Vs. SUBHALAXMI MISHRA AND OTHERS[ORISSA HIGH COURT] 24-12-2025 Transfer of Property Act, 1882 — Section 106 — Notice to quit — Requirements for validity — Requirements for issuing notice to quit and its service on tenant — Effect of tenant’s refusal to accept notice compared to receipt by other tenants — Tenants continuing possession after notice are tenants-at-sufferance, liable for eviction. India Law Library Docid # 2438149