(81) MUZAFFAR IQBAL QURESHI Vs. STATE OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 04-09-2025 Jammu & Kashmir Higher Judicial Service Rules, 2009 — Rule 24 — Premature Retirement — Assessment of utility of judicial officer for continued service beyond age of 58 years must be completed before attaining that age — Delay in conducting assessment, particularly when officer is close to superannuation, defeats purpose of rule. India Law Library Docid # 2432551
(82) VISHAL AND OTHERS Vs. SUNITA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-09-2025 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Pleadings — Proviso — Trial commenced — No due diligence — Application for amendment to introduce plea of ancestral coparcenary property dismissed — Plaintiff already led evidence on a different plea — Allowing amendment would cause irreparable loss and delay proceedings — High Court's power under Article 227 to be exercised with judicial India Law Library Docid # 2432582
(83) PHOOL CHAND Vs. M/S. MOHAN DAI OSWAL CANCER TREATMENT AND RESEARCH FOUNDATION AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 04-09-2025 Civil Procedure Code, 1908 (CPC) — Section 114 — Review — Grounds for review — Limited to discovery of new and important matter or evidence, or mistake or error apparent on the face of the record — Cannot be used to re-argue case as an appeal or for repetition of old arguments, rehearing, or mere disagreement with verdict. India Law Library Docid # 2432583
(84) PUNJAB STATE WAREHOUSE CORPORATION AND ANOTHER Vs. M/S. KATARIA CONSTRUCTION COMPANY AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 04-09-2025 Arbitration and Conciliation Act, 1996 — Section 8 — Power to refer parties to arbitration — Requirement of arbitration agreement — Court can refer parties to arbitration if an arbitration agreement exists, even if the original or certified copy of the agreement is not produced, provided its existence is not disputed by either party. India Law Library Docid # 2432584
(85) URMILA CHAND Vs. SONU CHAND AND OTHERS[SUPREME COURT OF INDIA] 03-09-2025 Motor Vehicles Act, 1988 — Compensation — Disbursement — Review Petition — Delay — Rejection of review petition not condoned for want of substantiated delay — Grounds for review were that disbursement was unfair and contrary to succession law — Appellant accepted cheque for Rs. 1,00,000/- and signed order sheet without demur — Review application filed after almost 7 months of receiving payment — India Law Library Docid # 2432309
(86) C.P. FRANCIS Vs. C.P. JOSEPH AND OTHERS[SUPREME COURT OF INDIA] 03-09-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Framing of Additional Substantial Question of Law — High Court's power to frame new question of law under Proviso to Section 100(5) is discretionary and exceptional, requiring strong and convincing reasons to be recorded — Such question must be grounded in pleadings and findings of lower courts and not be a mere legal plea formulated without notice or opportunity to the opposite party to argue — Introducing a new case India Law Library Docid # 2432310
(87) KU. RANU Vs. SOUTH EASTERN COALFIELD LIMITED AND OTHERS[CHHATTISGARH HIGH COURT] 03-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Compassionate Appointment — Rejection of application — Petitioner challenged rejection of her application for dependent employment by South Eastern Coalfields Limited (SECL) — Grounds for rejection were delay in filing and petitioner’s name not being in service records — SECL rejected application after petitioner’s brother, initially India Law Library Docid # 2432315
(88) ATUL GUPTA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Quashing of Orders — Release of Vehicle — Petitioner sought quashing of orders refusing release of vehicle confiscated in connection with ivory sale — Vehicle detained by forest authorities after apprehension of three persons with ivory — Petitioner, registered owner, sought interim release citing deterioration of vehicle — Orders of respondent authorities rejecting India Law Library Docid # 2432340
(89) DEVENDRA SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of process of court — High Court has inherent power to quash criminal proceedings that are essentially civil in nature to prevent abuse of process or secure ends of justice — Revisional Court correctly quashed summoning order as proceedings were initiated after a civil dispute regarding ownership of a firm was established and a Civil India Law Library Docid # 2432341
(90) M/S. SATYAM CONSTRUCTION Vs. CHIEF CONTROLLING REVENUE AUTHORITY AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Maharashtra Stamp Act, 1958 — Section 47(c)(5) and Section 48(1) — Refund of Stamp Duty — Development Agreement — Cancellation — Limitation Period — Petitioner entitled to refund of stamp duty on a development agreement that was cancelled due to failure of the transaction — Application for refund was made within two years of the cancellation deed, aligning with the proviso to Section 48(1) for such India Law Library Docid # 2432517
(91) VIJAY NARAYAN SAWANT Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Maharashtra Public Trusts Act, 1950 — Section 36(1) — Sanction for sale of immovable property — Conditions for grant — Charity Commissioner must be satisfied that alienation is necessary for the interest, benefit, or protection of the trust — Application seeking permission for sale lacked specific reasons necessitating the sale. India Law Library Docid # 2432520
(92) MAYUR NITIN NAGONKAR Vs. ADDITIONAL COMMISSIONER, KOKAN DIVISION AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Maharashtra Rent Control Act, 1999 — Section 24 — Eviction of licensee — Competent Authority’s jurisdiction limited to determining eviction claims based on expired license agreements — Cannot entertain claims from third parties or adjudicate on different jural relationships — Written license agreements are conclusive evidence of stated facts India Law Library Docid # 2432521
(93) AARTI Vs. PUSHPABEN POPATLAL MODI AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Protection of Women from Domestic Violence Act, 2005 — Section 17, 26 — Right to reside in shared household — Matrimonial home — Right of residence not dependent on title or interest in property — A woman in a domestic relationship has right to reside in shared household regardless of ownership or tenancy — This right overrides other India Law Library Docid # 2432522
(94) STATE OF MADHYA PRADESH Vs. DILIP SINGH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against acquittal — Appellate court's power to interfere — Appellate court should not interfere with an acquittal unless the trial court's approach is vitiated by manifest illegality or its conclusions are wholly untenable — If two views are possible, the appellate court must favor the accused. India Law Library Docid # 2432527
(95) MUKESH KUMAR SAHU Vs. MUNNALAL AND ANOTHER[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 03-09-2025 Motor Vehicles Act, 1988 — Section 157 — Transfer of Certificate of Insurance — Transfer of ownership of a vehicle automatically transfers the insurance policy in favour of the transferee concerning third-party risks, even if the insurer is not informed or the policy is not formally transferred India Law Library Docid # 2432528
(96) HAMID NARENDRA DABHOLKAR AND OTHERS Vs. SANATAN SANSTHA AND OTHERS[BOMBAY HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of Proceedings — Bombay High Court as Common High Court — Bombay High Court has jurisdiction to transfer proceedings from a court in Goa to a court in Maharashtra, as both courts are subordinate to it, even when challenged under High Court Rules. India Law Library Docid # 2432533
(97) UNION OF TERRITORY OF JAMMU & KASHMIR AND OTHERS Vs. PROF. ARTI PANDOH GUPTA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025 Jammu & Kashmir Public Service Commission (Business and Procedure) Rules, 2021 — Rule 64 — Preparation of select list for promotion — "Select List" prepared by DPC/PSC has a limited period of operation, generally one year, after which it is reviewed and a new list is prepared incorporating candidates from the previous left-over list and new eligible candidates India Law Library Docid # 2432541
(98) STATE OF J&K Vs. ABDUL LATIF AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 428 — Appeal against acquittal — Scope of interference by appellate court — Appellate court’s power to interfere is limited and circumscribed — If appellate court finds that a view different from the trial court is permissible, it should affirm the trial court’s view — Presumption of innocence is fortified by acquittal, and appellate court should not reverse acquittal unless evidence on record clearly warrants it. India Law Library Docid # 2432542
(99) BHUPINDER KUMAR @ PAPPU Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025 Preventive Detention — Grounds of Detention — Non-application of Mind — Detaining authority failed to consider that a previous detention order for similar grounds was quashed by the Court, thus vitiating the current detention order. India Law Library Docid # 2432543
(100) IMTIYAZ AHMAD GANIE Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 03-09-2025 Jammu and Kashmir Public Safety Act, 1978 — Preventive Detention — Application of Mind — Detention order quashed due to non-application of mind by the detaining authority, as the grounds of detention indicated mistaken identity and insufficient evidence to book the detainee under substantive law. The detaining authority failed to consider that the detainee was released on a surety bond and the evidence against him India Law Library Docid # 2432552