151. Injunction against co-owner -- A co-owner who has himself raised construction on a portion of joint land cannot restrain other co-owners from doing the same. (P&H HC) Decided on: 13.01.2026

152. Compensation in motor vehicle accident case – Permanent disability of 10% – Functional disability -- Future loss of income – A malunited fracture of the foot -- Permanent physical disability is not synonymous with loss of earning capacity -- Appellant unable to demonstrate that the 10% permanent disability of the foot has translated into any functional disability so as to impair the claimant’s earning capacity as a Manager – Rs.1,71,000/- has been awarded towards permanent disability by the Ld. Tribunal -- Assessment does not suffer from any perversity or misapplication of law warranting interference in appellate jurisdiction. (P&H HC) Decided on: 12.01.2026

153. Election of Panchayat -- Term of Panchayat to expire on 31.01.2026 – Deemed dissolution after 5 years -- On expiry of duration Panchayati Raj Institutions shall be deemed to have been dissolved -- Reconstitution of Panchayat shall be completed before expiry of period of 6 months from the date of dissolution -- Rule is to conduct election/ reconstitution of Panchayati Raj Institutions before expiry of tenure of 5 years and the reconstitution of Gram Panchayat after expiry of duration, but within six months thereafter, is an exception -- It cannot be claimed as a matter of right, by the Government to decide to reconstitute the Panchayat after the expiry of duration, but within six months thereafter -- Claim of the respondent-State that it has a right and authority to defer reconstitution of election for one or other reason within six months after expiry of duration, is not legal, justified, and sustainable – Election of Panchayati Raj Institutions cannot be deferred on account of pendency of creation or re-organization of Panchayats as well as Urban Local Bodies in small pockets, in two or three Districts -- Connectivity problem can also not be a reason to defer the election in entire State -- Election directed to be conducted on or before 30.04.2026. (H.P. HC) Reserved on : 07.01.2026 Decided on : 09.01.2026

154. Culpable homicide not amounting to murder – 80 year old age of accused – Sentenced to already undergone -- Appellant was arrested on 19.12.1992, High Court granted bail to him on 05.08.1998 – Supreme Court granted bail to the appellant on 05.08.2011 -- Appellant underwent total period of incarceration of the appellant comes to six years and three months -- Appellant is more than 80 years of age at present -- Held, the appellant is an old and aged person, and in the December of his life, it would be harsh and inadvisable to send him behind the bars again at this stage -- Courts are not supposed to be insensitive -- In view of the advanced age of the appellant and considering the totality of the facts and circumstances, while upholding the conviction of the appellant u/s 304, Part II, IPC, the sentence of the appellant is reduced to what is already undergone. (SC) Decided on: 09.01.2026

155. Conviction in cheque bounce complaint – Appeal -- Suspension of sentence – Condition of deposit of 20% of compensation – Appellate court suspended the sentence of petitioner, subject to his depositing 20% of the compensation amount with the trial Court -- Appellate Court was firstly required to consider as to whether the instant case falls within the exceptions warranting grant of suspension of sentence without imposing condition of deposit of 20% of compensation amount/fine – Matter remanded back for deciding the same afresh after re-examining the case by granting an opportunity to the petitioner to make submissions regarding exceptional circumstances warranting waiver of requirement of depositing 20% of the compensation. Jamboo Bhandari’s case (2024) 1 SCC (Cri) 90 = (2023) Law Today Live Doc. Id. 18509. (P&H HC) Decided on: 09.01.2026

156. Cheque bounce complaint -- There shall be no requirement to issue summons to the accused in terms of Section 223 of BNSS i.e. at the pre-cognizance stage -- Trial Court proceeded to issue notice to accused at the pre-cognizance stage in purported adherence to the first proviso to sub-section [1] of Section 223, BNSS – Impugned Order passed by the Trial Court set aside and quashed to the afore-stated extent -- Learned Trial Court directed to take a fresh decision on the matter of cognizance and issuance of process to the accused persons. Sanjabij Tari’s case 2025 INSC 1158 = (2025) Law Today Live Doc. Id. 20758 relied. (Gauhati HC) Decided on: 09.01.2026

157. Inherent powers of High Court – Quashing of FIR/ Complaint -- High Court must avoid usurping the function of a Trial Court or conducting a mini trial when disputed factual questions attend the maintainability of a complaint -- Power to quash criminal proceedings must be exercised sparingly, and only where the complaint, even if accepted in full, discloses no offence or continuation would amount to abuse of process of law -- Though the powers u/s 482 of the Cr.PC are very wide, its conferment requires the High Court to be more cautious and diligent -- While examining any complaint or FIR, the High Court exercising its power under this provision cannot go embarking upon the genuineness of the allegations made -- Court must only consider whether there exists any sufficient material to proceed against the accused or not. (SC) Decided on: 08.01.2026

158. Suit for specific performance – Amendment in prayer clause to seek refund of earnest money at Appellate Stage – Limitation taken as ground – Ld. Appellate Court allowed the amendment -- Held, as per provisions of Section 22 (1) and (2) of Specific Relief Act, 1963, the application for amendment of the plaint seeking a relief regarding the refund of earnest money or deposit made has to be allowed at any stage of the proceedings -- In original plaint, plaintiff has specifically sought the decree for recovery of Rs.20,00,000/- double the amount of earnest money in the alternative though inadvertently, the same could not be sought in the prayer clause -- No illegality or perversity committed by learned First Appellate Court -- Revision petition dismissed. (P&H HC) Decided on: 08.01.2026

159. Quashing of FIR -- Inherent power u./s 482 of Cr.P.C. -- Nature of -- High Court must avoid usurping the function of a trial court or conducting a mini-trial when disputed factual questions attend the maintainability of a complaint -- While examining any FIR, the High Court exercising its power under this provision cannot go embarking upon the genuineness of the allegations made -- High Court must only consider whether there exists any sufficient material to proceed against the accused or not and must not be concerned with the reliability, sufficiency, or acceptability of the evidence. (SC) Decided on: 08.01.2026

160. Settlement in cheque bounce complaint – Proclaimed person -- Offence u/s Section 174A IPC – Quashing -- Original offence u/s 138 of NI Act, alleged to have been committed in the year 2019 -- Subject matter of the original offence settled amicably between the parties and the criminal complaint withdrawn -- Impugned FIR u/s 174A IPC, as also all proceedings emanating therefrom quashed. (P&H HC) Decided on: 08.01.2026

161. Compensation in motor vehicle accident case -- No income proof – Accident occurred on 11.06.2016 – Tribunal assessed income @ Rs. 9,258/- per month considering deceased as an unskilled labourer -- Minimum wages can be yardstick but not absolute, some guess work also required -- Deceased 30 years of age at the time of accident -- Social status of the deceased needs to be kept in mind -- A person working as electrician who had acquired his requisite technical qualification from ITI, Hisar would have a reasonable and steady source of income, sufficient to maintain himself and contribute to his family -- Monthly income of the deceased assessed at (Rs. 400 x 30) Rs. 12,000 per month. (P&H HC) Reserved on: 12.11.2025 Decided on: 08.01.2026

162. Fee waiver to disabled student -- 5% quota earmarked for persons with disabilities has already been filled, and the fee waiver has been pre-approved, only in respect of those candidates – Held, when the intention of the State is to provide fee waiver to persons with disabilities, its implementation cannot be clubbed with reservation -- Persons with disabilities require both reservation and welfare measures so as to provide them with equal opportunities to complete their education along with other candidates -- Petitioner held eligible for the waiver of fees. (Madras HC) Decided on: 08.01.2026

163. Maintenance to wife/ chid – Education of wife will not come in way to claim maintenance – No evidence to establish that the revisionist No.1/ wife is presently employed or earning -- Mere fact that she is a post graduate and has done ITI Diploma in tailoring by itself cannot lead to the conclusion that revisionist No.1/wife is working for gain -- Revisionist No.1/ wife staying at her parental home and taking care of her child without any financial or emotional support from the opposite party No.2/husband -- Complete responsibility of meeting the daily need, education and medical expenses of a minor child lies upon both the parents -- Held that both the revisionist No.1/ wife as well as the minor son are equally entitled to maintenance from the opposite party No.2 and he is legally liable to maintain both his wife and minor son – Matter remanded back to the learned Family Judge for fresh determination of maintenance. (All. H.C.) Decided on: 08.01.2026

164. Criminal appeal against conviction – Dismissed in default – Permissibility of -- Dismissal of Criminal Appeal in default on account of absence of learned counsel for the appellant is contrary to law and is not in consonance with Section 425 of the B.N.S.S. (corresponding to Section 384 Cr.P.C.) -- Criminal Appeal restored to its original number. (All. H.C.) Decided on: 08.01.2026

165. Heavy Earth Moving Machinery -- Special services vehicles -- Construction equipment vehicles such as Dumpers, Loaders, Excavators, Surface Miners, Dozers, Drills, Rock Breakers etc. -- Vehicles of special types, precisely construction equipment vehicles which are suitable and are meant for use for operation and use within the industrial area/ factory premises/ defined enclosed premises and are not meant for use on roads or public roads -- They are off-road equipments and as such stand excluded not only from the purview of the “motor vehicle” as defined under Section 2 (28) of the Act but also from tax as Entry 57 of List II of the Seventh Schedule of the Constitution only authorizes taxation of vehicles suitable for use on roads only -- They are not even chargeable to road tax in view of Schedule I to Section 3 (1) of the Gujarat Tax Act which do not prescribes any tax for such kind of vehicles i.e., construction equipment vehicles. -- However, if any such kind of vehicles are found using roads, they would not be free from the rigors of Section 2 (28) of the Act and Section 3 of the Gujarat Tax Act and may also be subject to proceedings for seizure and penalty in accordance with the law. (SC) Decided on: 08.01.2026

166. Murder – Summoning of additional accused u/s 319 Cr.P.C. – Regular bail – Cancellation of anticipatory bail – Three accused summoned, two are on anticipatory bail -- While considering bail, Court should weigh factors like the nature of the offence, the quality of the evidence against the new accused and the likelihood of the person absconding or tampering with evidence -- Court must be satisfied that there is strong and cogent evidence of the person’s complicity at the threshold i.e. much higher than that required for framing charges against the original accused -- Other two co-accused appearing before the trial court on all dates – No case made out for cancellation of anticipatory bail of two accused – Bail allowed to third accused. (SC) Decided on: 07.01.2026

167. Summoning of additional accused -- While invoking power under Section 319 Cr.P.C. trial court should consider the statements of the witnesses adduced before it and it should not place reliance upon the material available in the charge-sheet or the case diary. (All. H.C.) Decided on: 07.01.2026

168. Compensation in motor vehicle accident case -- Application filed u/s 163A of the MV Act, however, the compensation claimed was Rs.7,40,000/- and the averments itself indicates that the accident occurred because of the rash and negligent manner in which the bus of the Corporation was being driven – Held, though Section 163A of the MV Act was mentioned in the application, the claim is held to field u/s 166 of the MV Act. (SC) Decided on: 06.01.2026

169. Transfer of complaint -- It cannot be said that merely because the relative of the wife is a Head Constable and another is working in the District Court, there would be a bias against the husband, especially when the adjudication is carried out by the Judge – No bias found on the Judge – Transfer order set aside – Complaint restored back. (SC) Decided on: 06.01.2026

170. Cheque bounce complaint -- Cognizance without condoning delay – Quashing of complaint -- Power to take cognisance of a belated complaint is subject to the complainant first satisfying the Court that he had sufficient cause for not making the complaint within time -- The satisfaction in that regard, resulting in condonation of the delay, must therefore precede the act of taking cognizance -- Respondent made a categorical statement in her complaint that it was filed within time, when it was not – Held, Ld. Magistrate erred in taking cognisance of the respondent’s complaint u/s 138 of the NI Act, even before the delay of two days in its presentation was condoned – Complaint quashed. (SC) Decided on: 06.01.2026

171. Non-giving of notice for arbitration -- Scope of Arbitral Tribunal's Jurisdiction – Arbitral Tribunal was appointed at the request of the respondent-State to adjudicate on dispute no. (1) alone out of (4) -- By conduct of parties, the entire dispute have been thrown at large before the Arbitral Tribunal – No reason to set aside the award on the basis that the appointment of the Tribunal was only to adjudicate dispute No.1 -- Non-issuance of notice under Section 21 of the A&C Act by the appellant with regard to dispute no. 2 to 4 not fatal – Arbitral Tribunal not exceeded its jurisdiction in deciding the entire dispute. (SC) Decided on: 05.01.2026

172. Suit for specific performance -- Readiness and willingness -- Appellant could not demonstrate necessary financial wherewithal to make the balance payment of Rs. 5.21 crores on 10.05.2008, the due date -- In addition to that, he did not even visit the office of the Sub-Registrar on the above date -- Respondents too did not fulfil their contractual obligations, particularly with respect to obtaining mutation and securing conversion of the suit property from leasehold to freehold – Appellant failed to prove his readiness and willingness -- In light of the facts of the case, and bearing in mind the passage of more than seventeen years since the execution of agreement, grant of specific performance is not an equitable relief at this stage -- To do complete justice and adjust the equities between the parties, respondents directed to pay a lumpsum amount of Rs. 3,00,00,000/- (Rupees Three Crores only) to the appellant, within four weeks. (SC) Decided on: 05.01.2026

173. O 1 R 10 CPC – Impleadment – Necessary/proper party – Dominus litis: Where no relief is claimed against the appellant and no legal interest or successorship is established, he is neither a necessary nor proper party; plaintiff being dominus litis cannot be compelled to implead such party, and any decree binds only the parties to the suit (SC) Decided on: 05.01.2026

174. Cheque bounce complaint – Jump of bail – Cancellation – Warrant of arrest issued -- As per, the petitioner, he had instructed his counsel to move an application for exemption, but he forgot to move the same – Held, learned trial Court was left with no option but to cancel the bail order, forfeit the bail bonds and issue warrant of arrest against the petitioner -- No illegality -- Petition disposed of with a direction to petitioner to surrender before the learned trial Court and if he surrenders and moves an application for bail, the learned trial Court to dispose of the bail application on the same day -- Learned trial Court in the exercise of its discretion shall be at liberty to impose penalty u/s 491 of BNSS. (P&H HC) Decided on: 01.01.2026

175. Death of wife -- Emergency parole to hardcore prisoner -- A hardcore prisoner can be released on temporary basis or on furlough after completion of 5 years of imprisonment but he cannot be released on emergency parole in case he has not completed requisite 5 years period of his imprisonment after the date of his latest offence -- Fresh FIR under NDPS Act was registered against the petitioner on 04.06.2025 -- He cannot be released on emergency parole -- To enable him to perform the last rites/ rituals of his deceased wife, he is allowed to be taken to his place of residence at his own expenses, while under police escort guard. (P&H HC) Decided on: 01.01.2026

176. Cancellation of anticipatory bail – Settlement/ compromise between parties – Terms of compromise not complied with – It is nowhere mentioned in the order that if respondent No.2 failed to comply with the terms of the settlement, his bail order was liable to be cancelled -- Petitioner himself had given no objection despite the fact that some terms of the settlement were not complied with -- Once bail granted, should not be cancelled in a mechanical manner – Petition dismissed. (P&H HC) Decided on: 23.12.2025

177. Conviction in cheque bounce complaint – Appeal – Suspension of sentence -- Condition of deposit of 20% of compensation – Appellate Courts must make efforts to decide the appeal within 60 days of the filing and not later than 90 days, where the appellant is not in a position to deposit the compensation amount as ordered by the Appellate Court -- Petition disposed of with direction to the learned Appellate Court concerned to hear the appeal of the petitioner and decide the same within a period of 60 days and not later than 90 days. M/s Coromandel International Limited, (2025) Law Today Live Doc. Id. 20750 (P&H HC) D.B. relied. (P&H HC) Decided on: 23.12.2025

178. Title dispute -- Long pendency – Direction for expeditious disposal -- Petition u/s 11 of the 1961 Act pending before Additional Deputy Commissioner/ respondent No.3 for the last about eight years -- Decision thereupon has been unnecessarily delayed -- Respondent No.3 directed to dispose of the petition within four months in accordance with law. (P&H HC) Decided on: 23.12.2025

179. Cheque bounce complaint – Proclaimed person -- Bail cancelled due to non-appearance – Petitioner suffering from HIV+ (AIDS) -- When the petitioner came to know about passing of the impugned order, he immediately moved the petition, showing his inclination to submit himself before the trial Court -- Petitioner can be given one chance to appear before the trial Court, so that proceedings may restart and continue in smooth manner -- Impugned order set aside, petitioner directed to be released on bail, in the eventuality of surrender by him before the trial Court on or before 09.01.2026. (P&H HC) Decided on: 22.12.2025

180. Conviction in cheque bounce complaint – Appeal – Suspension of sentence -- Condition of deposit of 20% of compensation – Matter required to be sent back to the Appellate Court, for decision afresh on the application for suspension of sentence of the appellant/ petitioner in consonance with the order passed by the Larger Bench/Division Bench (2025) Law Today Live Doc. Id. 20750 (P&H HC) (DB) in the case of M/s Coromandel International Limited & Shivam Jindal (supra) cases relied. (P&H HC) Decided on: 22.12.2025

181. Appointment of Lambardar -- Eviction proceedings u/s 7 of PVCL Act, 1961 pending against appointed candidate/ petitioner -- Held, comparative merits/demerits of candidates indeed require re-look at the hands of learned Collector, therefore, order passed by learned Divisional Commissioner and further affirmed by learned Financial Commissioner, remanding the matter regarding appointment of Lambardar to learned Collector for afresh decision, does not call for any interference. (P&H HC) Decided on: 22.12.2025

182. Interim maintenance – Respondent/ husband admitted his monthly income to be Rs.3,72,543 and claims his monthly expenses to be Rs.3,32,900/- -- Respondent has also placed on record income tax return of complainant/ wife for the year 2021-22 as per which her income is shown to be Rs.17.16 lakhs -- Keeping in view the fact that both the parties are sharing the household and the respondent claims his own monthly expenses to be Rs.3,32,900/-, applying the principle that the wife is entitled to enjoy the status as is being enjoyed by husband, interim maintenance modified to Rs.75,000/- to be paid by respondent No.1-husband. (P&H HC) Reserved on: 30.09.2025 Decided on: 22.12.2025

183. Personal diary of wife – Privileged communications during marriage – Trial Court allowed personal diary to be tendered in evidence – Held, personal diary of the complainant/ wife does not fall within the ambit of Section 122 of the Evidence Act/ Section 128 of BSA Act, 2023 – Revision petition dismissed. (P&H HC) Reserved on: 30.09.2025 Decided on: 22.12.2025

184. Disability during service -- Supernumerary post with all consequential benefits till retirement – Right of employee -- Petitioner suffered a brain haemorrhage, assessed as 70% disabled -- Petitioner clearly falls within this definition, as he is unable to perform the duties of his post of Painter, cannot walk or stand properly, and is severely restricted in daily activities -- Certificate issued by the competent Medical Board clearly records 70% disability and specifies its validity up to 29.04.2029 -- Contention of the respondents that the petitioner is not entitled to benefits due to the absence of a “permanent” disability certificate rejected -- Petitioner will attain the age of 60 years in 2029, validity of the certificate, for the entire remaining period of his service – Petitioner held entitled to accommodation on a supernumerary post with all consequential benefits -- Respondents directed to release all consequential monetary benefits, including arrears of salary, along with interest @ 6% per annum. (P&H HC) Decided on: 19.12.2025

185. Conviction in cheque bounce complaint – Appeal – Suspension of sentence -- Condition of deposit of 20% of compensation – Matter remanded back – If, the Ld. Appellate Court comes to the conclusion that the deposits are expensive than the liberty, and the convict is not in a position to deposit and likely to forego his liberty even when the first appeal is yet to be decided, the Appellate Court must make efforts to prioritize hearing appeal and decide the same preferably within next sixty days of passing of fresh order, and not later than ninety days, which clearly aligns with the legislators’ intentions – Till the time application for suspension of sentence is decided afresh, the condition of deposit of 20% of the compensation amount, as directed by the Appellate Court in its earlier order, shall remain inoperative and the bail shall not be cancelled in consequence thereof. (P&H HC) Decided on: 19.12.2025

186. Mutation based on Will – Validity/ geniuses in question – Jurisdiction of Tehsildar/ Civil Court -- There is no bar for seeking mutation based on a will -- However, in a case of serious dispute regarding the validity/ genuineness of the will including competence of testator’s capacity to execute it, or where there are two rival wills set up, it would be a dispute beyond the competence of the Tahsildar to decide, and in such a case the appropriate course for the parties would be to approach the Civil Court to get the dispute adjudicated. (SC) Decided on: 19.12.2025

187. Cheque bounce complaints -- Offence u/s 138 of NI Act – Compounding of offence can be at any stage/ after conviction also – Not amounting to review/ alteration of judgment -- Act of permitting compounding u/s 147 does not partake the character of a “review” or “alteration” of the judgment on merits, as contemplated by Section 362 CrPC -- Cases under of the Negotiable Instruments Act, 1881 would not strictly fall under the restriction provided as per Section 362 Cr.P.C. -- Offence punishable u/s 138 of the NI Act is amenable to compounding at any stage of the proceedings, including after conviction, during appeal or revision and even subsequent to the dismissal thereof, provided the settlement between the parties is voluntary, lawful and bona fide. (P&H HC) Reserved on: 26.11.2025 Decided on: 17.12.2025

188. Will – Deposition on leading question in cross-examination – Evidential value -- Presence of the testator and the attesting witnesses and the signatures affixed on the will by each of them have been stated by DW-2 in his deposition – Attestation by other witness was not deposed to -- High Court found that though in the examination-in chief, the witness did not depose on the attestation by the other witness, in cross-examination to a leading question he answered that all persons signed on the will on the date when the witness signed the same – High court held that that by the leading question, the answer was put in the mouth of the witness and hence, it lacks probative value and fell short of the mandate u/s 63(c) of the ISA, 1925 read with Section 68 of the IEA, 1872 – Held, what was lacking in the examination-in-chief was brought out in the cross examination by way of a positive suggestion -- Leading questions are permitted in cross-examinations and the response elicited cannot be said to have lesser probative value -- Testator was also established to be of sound and disposing mind at the time of execution of the will -- There can be no interference to the Will which stands proved unequivocally. (SC) Decided on: 17.12.2025

189. Appointment of Arbitrator -- Party's capacity to invoke Arbitration and maintainability issues fall within Arbitration tribunal's domain -- Once the High Court was satisfied that an arbitration agreement prima facie existed, an aspect neither seriously disputed nor refutable at this stage, its decision to constitute the AT cannot be faulted -- A detailed scrutiny on the basis of evidence must be left to AT -- Whether first respondent has validly invoked arbitration individually, whether the Consortium continues to exist, whether consent of other Consortium partners was necessary, and whether claims are maintainable after commencement of liquidation, are all matters which may legitimately be raised, contested and determined before the AT under Section 16 -- Entertaining these questions here would amount to conducting a mini trial at the Section 11 stage, contrary to the settled principles of minimal judicial intervention. (SC) Decided on: 17.12.2025

190. Rape – Murder – SC/ST Act -- Circumstantial evidence -- Medical evidence regarding the homicidal death and the rape committed on the victim, the time of death as stated in the postmortem report, the accused having been found in the same vicinity as the victim and the failure of the accused to establish the alibi as spoken of u/s 313 questioning, would provide a complete chain of circumstances to convict the accused under Sections 302 & 376D read with Section 34 of the IPC -- Though the prosecution has proved the caste of the victim/deceased, there is nothing to indicate that the accused knew the caste of the victim or even that they were in any manner acquainted with the victim, to be aware of her caste status -- No offence under the provisions of the SC/ST Act – Sentenced to 25 years without remission. (SC) Decided on: 17.12.2025

191. Concurrent running of sentence – Presumption of – Suspension of sentence -- When the trial Court does not mention that the sentence would run concurrently or consecutively, the primafacie benefit should be given to the accused, and it should be primafacie presumed that the sentence shall run concurrently, not consecutively -- If the applicant files an application for suspension of sentence, the same shall be decided by primafacie presuming that the sentence is concurrent and not consecutive. (P&H HC) Decided on: 17.12.2025

192. Appeal against acquittal – Scope of – Session court’s conviction order set aside by High Court, acquitting the accused -- Guilt of the accused and the commission of the offence by the accused have to be established beyond reasonable doubt -- Circumstances should suggest “must or should” and not “may be” -- It is a well-settled principle that there must exist “substantial and compelling reasons” to upset the acquittal -- Once the court acquits the accused, the presumption of innocence is reinforced -- Thereafter, the interference by the appellate court would be minimal and has to be guided by strong and cogent reasons -- Reversal of acquittal should not be a matter of course just because the other view is considered to be possible by the appellate court -- Even when the appellate court re-appreciates the evidence while dealing with the judgment and order of acquittal, the innocence attributed to the accused acquitted from the charges of offences would be a weighty rebuttable factor -- Plausible conclusion by High Court, acquitting accused – Appeal dismissed. (SC) Decided on: 16.12.2025

193. SARFAESI proceedings – Security interest -- Mortgage of property – Requirement of – Guarantee deed -- For Invocation of SARFAESI Act presupposes the existence of a validly created security interest in favour of the lender, mortgage is a must – Guarantee deed lacked the authority to invoke the SARFAESI Act against the Company – SARFAESI proceedings quashed. (SC) Decided on: 16.12.2025

194. Pay scale parity -- Delay and laches -- Matters involving pay scale parity based on removal of anomalies, the cause of action continues from month to month as long as the anomaly persists -- Every month when the employee receives lesser pay than his similarly situated counterparts constitutes a fresh cause of action. (SC) Decided on: 16.12.2025

195. Insurance law -- Standard Fire and Special Perils Insurance Policy – Cause of fire – Ground of -- Once it is not disputed that the loss is caused by fire, then the cause igniting the fire becomes immaterial -- Insurer cannot refuse to indemnify the damage caused by fire, which is a specified peril, on the ground that the proximate cause of fire was burglary/ theft (which is excluded under the RSMD clause), particularly when no such exclusion is provided in the specified peril “Fire”. (SC) Decided on: 16.12.2025

196. Rape – Hostile witness – Acquittal -- When the main witness of the prosecution, i.e. the victim herself, has not supported the case of the prosecution, it is not open for the Court to presume that she did not support the case of the prosecution because the appellant-accused has won over the said witness -- Moreso, PW-2, i.e., the husband of the victim, also did not support the case of the prosecution -- Further, medical evidence also does not support the case of the prosecution -- Furthermore, three independent witnesses, though cited as prosecution witnesses in the chargesheet, were not examined by the prosecution – Held, Trial Court as well as the High Court committed an error by recording the order of conviction of the appellant-accused and therefore, the said orders are required to be quashed and set aside – Appellant acquitted. (SC) Decided on: 16.12.2025

197. Supply of power/ electricity -- Annual fixed charges -- Mandate under Section 61(d) of the 2003 Act, is that in the determination of tariff recovery of the cost of electricity in a reasonable manner is to be ensured -- Respondent, having supplied continuous power, cannot be denied the annual fixed charges for the relevant period, and if it were done so, they will permanently lose that amount, which will be unjust and contrary to law. (SC) Decided on: 16.12.2025

198. Ex-parte judgment/ decree – Setting aside of -- Record clearly establishes that the judgment and decree had been produced and relied upon in legal proceedings on 16.04.2018, which was more than fourteen months prior to the filing of the application seeking setting aside of the ex parte judgment and decree -- Plea taken by the petitioner that he had acquired knowledge of the judgment and decree only a few days prior to filing the application, allegedly through a bank official, has rightly been disbelieved and rejected -- Application under Order IX Rule 13 CPC is thus demonstrably based upon falsehood, concealment of material facts, and suppression of the true date of knowledge – No interference in revision. (P&H HC) Reserved on: 08.12.2025 Decided on: 16.12.2025

199. Rejection of plaint – Suit for permanent injunction -- Maintainability of suit -- At the preliminary stage of the proceedings, it is neither necessary nor appropriate for the Court to determine whether specific performance is the sole available remedy, or whether the suit for permanent injunction is maintainable, based solely on the averments contained in the plaint -- The issues raised pertain to questions of fact and law which require trial and cannot be resolved by a summary adjudication at the outset. (P&H HC) Reserved on: 09.12.2025 Decided on: 16.12.2025

200. Co-operative Societies -- State Reorganisation (Uttar Pradesh - Uttarakhand) -- Deemed conversion into Multi-State Co-operative Society -- Scope and limits -- No automatic or blanket conversion of every co-operative society registered under a State Act into a multi-State co-operative society -- Deeming fiction u/s 103 applies only where, consequent upon reorganisation, the objects of the society extend to more than one State – Where objects remain confined to one State, the society continues to be governed by the State Co-operative Societies Act. A. Section 103 of the Multi-State Cooperative Societies Act, 2002 does not, by itself, confer an automatic or deemed status of a multi-State cooperative society upon every society registered under a State Cooperative Societies Act merely because the parent State has undergone reorganisation. B. The applicability of Section 103 requires a factual enquiry in each case as to whether the objects of the society extend to more than one State. If the objects are found to span more than one State, the deeming fiction under Section 103 will operate and the society would be treated as a multi-State cooperative society. If the objects remain confined to only one State, the status of the society will remain unchanged. C. It would be erroneous to undertake an enquiry into the area of operation of a society for the purposes of Section 103, when the provision itself mandates an examination only of the objects of the society. Read with Section 5, it becomes evident that Section 103 is attracted only where the objects of the society extend to more than one State. It is only in such situation that the society would, by operation of law, be treated as a multi-State cooperative society. D. The residence or domicile of the members of the cooperative society has no bearing on determining whether the society is a multi-State cooperative society. E. Section 5 of the Multi-State Cooperative Societies Act, 2002 mandates that a society may be registered as a multi-State cooperative society only when its principal objects, as reflected in its bye-laws, serve the interests of members in more than one State. It is, therefore, a pre-condition that the objects span more than one State. (SC) Decided on: 15.12.2025