(861) MAYAR UDDIN AND ANOTHER Vs. ON THE DEATH OF LATE UDAY SANKAR DAS HIS LEGAL HEIRS AND OTHERS[GAUHATI HIGH COURT] 16-12-2025 Civil Procedure Code, 1908 (CPC) — Second Appeal — Substantial Question of Law (SQL) — Scope of High Court Interference — High Court cannot substitute its opinion for the opinion of the first appellate court unless the conclusion drawn by the lower appellate court was erroneous (contrary to mandatory law, based on inadmissible evidence, or arrived at without evidence) — Mere appreciation of facts, documentary evidence, meaning of entries, or contents of a document cannot raise a substantial ques India Law Library Docid # 2437270
(862) M/S NES DIGBOI BOGAPANI Vs. BHARAT PETROLEUM CORPORATION LIMITED[GAUHATI HIGH COURT] 16-12-2025 Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Arbitrator — Procedure for appointment agreed by parties — Whether recourse to Section 11(6) is available if agreed procedure is not followed — Agreement contained an Arbitration Clause (Clause 19) stipulating that arbitration proceedings "shall be conducted in accordance with SCOPE forum of Arbitration Rules" — SCOPE Rules require the party India Law Library Docid # 2437268
(863) NOWSHAD ALI AND OTHERS Vs. ALEP UDDIN AND OTHERS[GAUHATI HIGH COURT] 16-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — Perversity of Findings — Interference with findings of fact by High Court — A finding of fact, even if relating to possession, can be interfered with under Section 100 CPC if vitiated by non-consideration of relevant evidence or essential erroneous approach toward the matter; however, in the instant case, the High Court India Law Library Docid # 2437269
(864) KUM. MIMONEE RAKESH KUMBHARE Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 16-12-2025 Scheduled Tribes — Validation of Caste Claim — Halba Tribe vs. Halba-Koshti Caste — Requirement of documentary evidence — Petitioner's claim for 'Halba' Scheduled Tribe status was rejected by the Scrutiny Committee despite remand by High Court — Courts are generally hesitant to interfere with the factual findings of the Scrutiny Committee unless perverse — Essential requirement for validating India Law Library Docid # 2436969
(865) RACHANA DEVELOPERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 16-12-2025 Constitution of India, 1950 — Article 227 — Supervisory Jurisdiction of High Court — Scope — The supervisory jurisdiction of the High Court is limited and not appellate — Interference is not warranted or permissible when statutory authorities act within their bounds and apply correct legal principles to admitted facts. India Law Library Docid # 2436970
(866) MOHAN LAL JAIN (DIED THROUGH LRS) Vs. TEJKARAN JAIN AND OTHERS[CHHATTISGARH HIGH COURT] 16-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — Admissibility of Family Arrangement — The jurisdiction of the High Court in second appeal is limited to substantive questions of law and does not extend to interfering with findings of fact merely because a different view is possible, unless there is an error of law or procedure. India Law Library Docid # 2437465
(867) SMT. ANJANA BANOTIYA (DIED THROUGH LRS) AND OTHERS Vs. DEONARAYAN GOUD SINCE DIED THROUGH LRS. AND OTHERS[CHHATTISGARH HIGH COURT] 16-12-2025 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Dismissal of suit and decreeing of counter-claim — Suit for specific performance, declaration, and permanent injunction based on alleged oral agreement for sale and receipt of advance payment — Trial Court dismissed the suit finding no binding agreement and decreed the counter-claim declaring defendants as owners based on a registered sale deed and India Law Library Docid # 2437524
(868) ABC AS PER HONBLE COURT ORDER DATED 16-12-2025 Vs. XYZ AS PER HONBLE COURT ORDER DATED 16-12-2025[CHHATTISGARH HIGH COURT] 16-12-2025 Hindu Adoption and Maintenance Act, 1956 — Section 18(3) — Maintenance of wife — Entitlement to separate residence and maintenance — Disqualification of wife — Unchastity — A Hindu wife is not entitled to separate residence and maintenance if she is unchaste. India Law Library Docid # 2437525
(869) HAYAT TAVIL SHAHI Vs. SMT. SUMAIYYA KHATOON[CHHATTISGARH HIGH COURT] 16-12-2025 Muslim Law — Dissolution of Muslim Marriages Act, 1939 — Section 2(ii) — Grounds for dissolution of marriage — Failure/neglect to provide maintenance for a period of two years — Wife living separately voluntarily — Requirement of "without reasonable cause" not present in Section 2(ii) unlike Section 2(iv) — A Muslim wife is entitled to divorce under Section 2(ii) even if she contributed to the failure of India Law Library Docid # 2437526
(870) STATE OF GUJARAT Vs. NOORMOHMED YUSUFBHAI[GUJARAT HIGH COURT] 16-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Termination of Services — Police Constable (Un-Armed) — Temporary employee — Suppression of criminal cases during recruitment — Termination order silent on reasons, but written statement cites suppression of information regarding pending criminal cases (under Section 151 Cr.P.C. and Sections 326, 452, 323, 504, 114 IPC) — Principles of Natural India Law Library Docid # 2437763
(871) M/S B.K. ENGINEERING ENTERPRISES Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 16-12-2025 Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Jurisdiction to hear objections — Seat of Arbitration — Judicial review — The question of jurisdiction of the concerned court to hear objections under Sections 34/37 of the Act is settled — The determination of the "seat" of arbitration acts akin to an exclusive jurisdiction clause, vesting the courts at the designated seat with sole jurisdiction to India Law Library Docid # 2437777
(872) STATE OF GUJARAT Vs. ASHARAF ALIBHAI SANDHI AND OTHERS[GUJARAT HIGH COURT] 16-12-2025 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of interference — Acquittal under Sections 498-A, 323, 504, 306, and 114 of Indian Penal Code (IPC) — Appellate court must give proper weight and consideration to the trial court's view regarding witness credibility, presumption of innocence, benefit of doubt, and the slowness in overturning a plausible finding of fact by the Judge who observed the witnesses — If the main grounds for acquittal are reasonable an India Law Library Docid # 2437807
(873) STATE OF GUJARAT Vs. LAKHA LAKHMAN ODEDARA[GUJARAT HIGH COURT] 16-12-2025 Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 20(b), 22, 27, and 42(2) — Code of Criminal Procedure, 1973 (Cr.P.C.) — Section 378 — Appeal against acquittal — Scope of interference — Acquittal upheld where the prosecution failed to prove compliance with mandatory requirements, including those of Section 42(2) of the NDPS Act, and prosecution witnesses turned hostile or contradicted India Law Library Docid # 2437808
(874) REGIONAL DEPUTY DIRECTOR Vs. RAJESH R CHAUDHARY, BAMS[GUJARAT HIGH COURT] 16-12-2025 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 — Sections 23 and 25 — Offence alleging illegal possession of sonography machine by Ayurvedic Doctor — Appeal against acquittal — Prosecution failed to prove the case beyond reasonable doubt — Discrepancies in evidence regarding the location of seizure (residence vs. hospital) and mandatory search and seizure procedures under Rule 12 of India Law Library Docid # 2437809
(875) DHULABHAI MOHANBHAI THAKARDA AND OTHERS Vs. RATANBEN WD/O DHULABHAI MADHABHAI AND OTHERS[GUJARAT HIGH COURT] 16-12-2025 Limitation Act, 1963 — Sections 6 and 8 — Article 60 — Suit to set aside transfer of property by guardian of a minor — Limitation Period — Cessation of Disability — The limitation period for a suit by a ward (minor) to set aside a transfer of property made by a guardian is three years from the date the ward attains majority, as per Article 60(a) of the Limitation Act — While Section 6 generally allows suits to be filed after the cessation of India Law Library Docid # 2437810
(876) KALPESH ARUNBHAI JOSHI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 16-12-2025 Gujarat Land Revenue Code, 1879 — Rule 108 (RTS Proceedings) — Scope of Authority — Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Fragmentation Act) — Revenue authorities exercising power under the Land Revenue Code (RTS proceedings) are restricted to making and correcting fiscal entries in the revenue records; they cannot adjudicate the validity of a transaction under another India Law Library Docid # 2437811
(877) PRAKASH RATILAL BHAIDASWALA(BHAIDASNA) AND ANOTHER Vs. RAJESH MANSUKHLAL KHADAWALA AND OTHERS[GUJARAT HIGH COURT] 16-12-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference with Concurrent Findings of Fact — The High Court must avoid interfering with concurrent findings of fact by the Courts below unless warranted by compelling reasons, such as findings being contrary to mandatory law, settled position of law (Apex Court pronouncements), based on inadmissible evidence, or without evidence — The India Law Library Docid # 2437812
(878) SHIVANG ASHWINBHAI BHATT Vs. MAHIMA SHIVANG BHATT[GUJARAT HIGH COURT] 16-12-2025 Family Courts Act, 1984 — Section 7 (1) Explanation (c) — Jurisdiction of Family Court — Scope — Family Court has jurisdiction over suits or proceedings between parties to a marriage concerning the property of the parties or either of them — The jurisdiction extends to properties of spouses or either of them, irrespective of whether the claim arises during the subsistence of the marriage or otherwise — Section 7 India Law Library Docid # 2437813
(879) THE ADMINISTRATOR, CHENGALRAYAN CO-OPERATIVE SUGAR MILLS LTD. Vs. THE DEPUTY COMMISSIONER OF LABOUR, CUDDALORE AND OTHERS[MADRAS HIGH COURT] 16-12-2025 Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 (Act 46 of 1981) — Section 1(3) and Section 3 — Applicability to Sugar Mills — Requirement of Government Declaration for Seasonal Status — Section 1(3) excludes establishments of a seasonal character or those where work is performed only intermittently, and the decision of the Government on this question is final — A sugar factory, though its crushing activity may be seasonal, is not India Law Library Docid # 2438119
(880) ARTA MEHER Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025 Penal Code, 1860 (IPC) — Sections 302, 498-A — Murder and Cruelty by husband — Conviction — Appeal against — Trial Court found appellant guilty of offences under sections 498-A and 302 IPC, but acquitted of 304-B IPC — Victim married appellant about 40 days before death — Allegations of dowry demand and cruelty — Victim found dead with ligature marks and nail marks on neck — Post-mortem report indicated death India Law Library Docid # 2438202