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(881) V. VENKAT RAO ALIAS PICHA ALIAS V. VENKAT RAMANA AND ANOTHER Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Essential ingredients — Intentional insult or intimidation to humiliate a member of SC/ST in a place within public view — Conviction unsustainable if these ingredients are not proven.
India Law Library Docid # 2438203

(882) NARAHARI DAS Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025
Penal Code, 1860 (IPC) — Sections 304B and 498A — Dowry Death and Cruelty — Dowry Prohibition Act, 1961 — Section 4 — Conviction upheld — Allegations of dowry demand and cruelty leading to death — Defence plea of accidental death due to epilepsy rejected — Prosecution evidence established unnatural death within seven years of
India Law Library Docid # 2438204

(883) PABITRA @ GHUNU MAHALING AND OTHERS Vs. STATE OF ORISSA[ORISSA HIGH COURT] 16-12-2025
Penal Code, 1860 (IPC) — Sections 147, 148, 149, 336, 304 Part I — Unlawful assembly, rioting, grievous hurt, culpable homicide not amounting to murder — Appeals against conviction — Court considered ocular and medical evidence, inconsistencies, and prior judgments — Conviction for offences under Sections 147/148/149/336 IPC upheld for appellants in CRA No. 10 of 1996
India Law Library Docid # 2438205

(884) M/S. NUTRINE CONFECTIONARY LTD. Vs. SMT. K. RENUKA AND ANOTHER[ORISSA HIGH COURT] 16-12-2025
Civil Procedure Code, 1908 (CPC) — Order 30, Rule 1 and Section 69(2) of the Indian Partnership Act, 1932 — Amendment of Plaint — Plaintiff seeks to change capacity from an individual to a partnership firm — Suit filed in the name of the firm is permissible, but registration is required under Section 69(2) to enforce contractual rights with third parties — Amendment cannot be allowed if it attempts to overcome statutory
India Law Library Docid # 2438206

(885) SMT. MEERA PATANKAR AND OTHERS Vs. PAVITHRA CONSTRUCTIONS PVT. LTD. AND OTHERS[KARNATAKA HIGH COURT] 16-12-2025
Civil Procedure Code, 1908 (CPC) — Order 47 Rule 1 and Section 114 – Review of order passed on concession made by counsel – Grounds for review – Discovery of new and important matter, or any other sufficient reason – Concession made by counsel beyond express or implied authority of client can be a ground for review if it leads to prejudice and is made without client's knowledge.
India Law Library Docid # 2438241

(886) SHRI MOHAMMADRAFI AND OTHERS Vs. BANDENAWAZ AND OTHERS[KARNATAKA HIGH COURT (DHARWAD BENCH)] 16-12-2025
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings after commencement of trial — "Due diligence test" in pro6so has limitations and does not apply universally — Object of amendment is to decide real questions in controversy and avoid multiplicity of litigation — Amendments for correcting errors, adding subsequent events, or seeking relief based on existing pleadings are exceptions where due diligence may not be strictly required — Court
India Law Library Docid # 2438293

(887) CHANDAN KUMAR SONI Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 16-12-2025
Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) read with 13(2) — Penal Code, 1860 (IPC) — Section 120-B — Demand and Acceptance — Essential ingredient of demand not proved — Conviction unsustainable — Acquittal warranted.
India Law Library Docid # 2438411

(888) THE STATE OF ANDHRA PRADESH AND OTHERS Vs. R. SEETAYYA AND OTHERS[ANDHRA PRADESH HIGH COURT] 16-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 107 — Proceedings not penal in nature, but preventive — FIR registration for proceedings under Section 107 Cr.P.C. is illegal and unsustainable — Courts have deprecated the practice of registering F.I.R.s for Section 107 Cr.P.C. proceedings. (Paras 17, 18, 19, 20)
India Law Library Docid # 2438606

(889) KASHMIRI LAL (SINCE DECEASED) THROUGH LRS AND ANOTHER Vs. MUNICIPAL CORPORATION, HOSHIARPUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 15-12-2025
Civil Procedure Code, 1908 (CPC) — Order 26 Rule 9 — Commission to make local investigation — Appointment of Local Commissioner for demarcation of suit land — Suit for possession and injunction based on alleged encroachment (construction of road) by Municipal Corporation on plaintiff's joint land (15 Marlas out of 20 Kanals 12 Marlas) — Denial of encroachment by respondents, asserting
India Law Library Docid # 2437071

(890) GURMEET SINGH GILL ALIAS GURMEET SINGH BUKKANWAL Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge — Framing of Charge — Principles governing the stage of framing charge — Only prima facie case needs to be established by the prosecution at the stage of framing charge — The golden rule of criminal jurisprudence requiring proof beyond all reasonable doubts does not apply at this stage — Probative value of material evidence cannot be gone
India Law Library Docid # 2437072

(891) SUKHWINDER KAUR CHHABRA Vs. SATISH KUMAR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 15-12-2025
Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims — Appeal for Enhancement of Compensation — Injury Cases — The object of awarding compensation is to fully and adequately restore the claimant to the position prior to the accident, covering physical injury and loss of ability to lead a full life, enjoy amenities, and earn income — Compensation heads include Pecuniary Damages (treatment expenses, loss of earnings, future medical expenses) and Non-pecuniary
India Law Library Docid # 2437073

(892) M.S. ELECTRICITY DISTRIBUTION COMPANY LTD. Vs. M/S. JAI BAMLESHWARI RICE INDUSTRIES[BOMBAY HIGH COURT (NAGPUR BENCH)] 15-12-2025
Limitation Act, 1963 — Section 5 — Condonation of Delay — Standard for State Litigants — Application by Maharashtra State Electricity Distribution Company Limited (MSEDCL) for condonation of 397 days delay in filing a criminal appeal — Explanation citing "administrative difficulties" and internal processing (legal opinion, document collection) held insufficient — Paragraphs describing internal counsel consultation and brief preparation did not properly explain the delay — Statutory bodies and St
India Law Library Docid # 2437115

(893) NARESH PRABHUBHAI GOLANI Vs. STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 15-12-2025
Criminal Law — Circumstantial Evidence — Indian Penal Code, 1860 — Sections 302, 397, 364, 201, 120-B, 34 — Murder, robbery, kidnapping, causing disappearance of evidence, criminal conspiracy — Standard of Proof — In cases based on circumstantial evidence, the prosecution must fully establish the circumstances from which guilt is drawn; these facts must be consistent only with the hypothesis of guilt, be of a conclusive nature, exclude every other possible hypothesis, and form a complete chain l
India Law Library Docid # 2437169

(894) SRI BHUPENDRA CHOUDHURY AND OTHERS Vs. SRI ARUN CHOUDHURY[GAUHATI HIGH COURT] 15-12-2025
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 223(1) (Examination of complainant) — Taking Cognizance of Offence on Complaint — Mandatory Procedure — Section 223 mandates that a Magistrate must examine the complainant and witnesses, if any, on oath, and reduce the substance of such examination to writing, before taking cognizance — The proviso to Section 223(1) requiring the accused to be given an opportunity of being heard must be satisfied after the examination of the complainant a
India Law Library Docid # 2437271

(895) HUSSAIN MD. RIJUAN @ HUSSAIN MAHAMMAD RIZUWAN Vs. THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR[GAUHATI HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 417, 306, 376 — Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Section 6 — Quashing of Cognizance — Cognizance taken by Special Judge under Sections 417/306/376 IPC read with Section 6 POCSO Act — Petitioner accused of failed promise to marry leading to victim’s suicide — Allegations of love relationship and sexual relationship
India Law Library Docid # 2437272

(896) NEW INDIA ASSURANCE CO. LTD. Vs. GAYATRIDHAM PHASE CO-OP. HOUSING SOCIETY AND ANOTHER[BOMBAY HIGH COURT] 15-12-2025
Consumer Protection Act, 1986 — Section 24A — Insurance Claim — Limitation — New India Assurance Policy (Standard Fire and Special Perils Policy) — Repudiation Claim — Cause of Action — Society renewed policy by cheque on July 17, 2005; heavy rain causing damage on July 26, 2005; insurer claimed policy cancelled on August 4, 2005 due to dishonored cheque (insufficiency of funds) —
India Law Library Docid # 2436971

(897) MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS Vs. KALPITA ENCLAVE CO-OPERATIVE HOUSING SOCIETY AND OTHERS[BOMBAY HIGH COURT] 15-12-2025
Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 & 2 — Injunction — Public Interest vs. Private Interest — Challenge to restrain Municipal Corporation from removing structures (security cabin, entrance gate, MS tin sheets) obstructing a Development Plan (DP) road — Structures erected by Co-operative Housing Societies (Original Plaintiffs) on land conveyed to the Corporation for DP road purposes since
India Law Library Docid # 2436972

(898) ADANI POWER LIMITED Vs. PANCHANAND GUPTA AND OTHERS[CHHATTISGARH HIGH COURT] 15-12-2025
Land Acquisition Act, 1894 — Section 5A — Scope of Objections — A landowner's objection under Section 5A(1) must pertain to the acquisition of land itself (e.g., public purpose, necessity, or suitability) — Objections confined solely to the quantum of compensation, demand for employment, rehabilitation benefits, or environmental safeguards fall outside the statutory ambit of Section 5A, even if styled as such, and do
India Law Library Docid # 2437528

(899) SMT. MONIKA BARETH AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 15-12-2025
Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeal against conviction — Penal Code, 1860 (IPC) — Section 302/34 and 201/34 — Murder and causing disappearance of evidence — Conviction based solely on circumstantial evidence heavily relying on testimony of a child witness and recovery based on memorandum statements — Standard of proof — Prosecution must prove case beyond reasonable doubt.
India Law Library Docid # 2437529

(900) SHYAMLAL VISHNOI AND OTHER Vs. ICICI HOME FINANCE[RAJASTHAN HIGH COURT] 15-12-2025
Civil Procedure Code, 1908 (CPC) — Order 37 (Summary Procedure) — Order 37 Rule 4 (Power to set aside decree) — Ex parte decree — Setting aside decree passed under summary procedure — Requirements — Rule 4 mandates that an ex parte decree can be set aside only under "special circumstances" — Aim of summary procedure is expeditious adjudication of recovery disputes — Where appellants failed
India Law Library Docid # 2437563

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