(141) 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
(142) 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
(143) 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
(144) 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
(145) 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
(146) 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
(147) 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
(148) 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
(149) 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
(150) 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
(151) 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
(152) SHRI ANIL KUMAR SHARMA Vs. ADITYA VASHISHTH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Hindu Adoptions and Maintenance Act, 1956 — Sections 3(b), 20, 28, 20(2), 20(3) — Maintenance of children — Father's liability for major son's expenses — Suit filed by major son for maintenance, educational and marriage expenses — Petitioner sought rejection of suit under Order 7 Rule 11 CPC on grounds of cause of action and son being major male child — Trial court dismissed application — High Court held that son's claim cannot be outrightly rejected at initial stage, particularly when father ha India Law Library Docid # 2432586
(153) PRIYA SINGH AND ANOTHER Vs. HEM LATA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Court Fees — Plaintiffs filed suit for declaration and injunction, claiming sale deed was obtained by fraud after taking a loan and executing a mortgage deed — Trial court allowed defendants' application for rejection of plaint for non-payment of ad valorem court fees as per sale consideration — Held, since plaintiffs were executants of the sale India Law Library Docid # 2432587
(154) M/S. SHEIKHUPURA TRANSPORT COMPANY PRIVATE LIMITED THROUGH ITS DIRECTOR AND ANOTHER Vs. JAGJIT SINGH OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 East Punjab Urban Registration Act, 1949 — Section 15(5) — Revision Petition — Powers of High Court — High Court can entertain revision petitions against orders passed by Appellate Authority under the said Act. (Para 1) India Law Library Docid # 2432585
(155) RAJ KUMAR AND OTHERS Vs. ROOP RAM AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Punjab Redemption of Mortgages Act, 1913 — Section 4 — Punjab Security of Land Tenure Act, 1953, Section 17(B) — Tenancy rights and Mortgage with possession — Revival of tenancy after redemption — Surrender of tenancy — Suit for declaration and possession — Plaintiffs purchased land mortgaged with defendant who was also a tenant. Collector allowed redemption but held defendant was a tenant, India Law Library Docid # 2432680
(156) KARAMJIT KAUR Vs. JAGTAR SINGH ALIAS BHOLA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Penal Code, 1860 (IPC) — Sections 406, 498-A, 120-B — Dowry Demand, Cruelty, Criminal Conspiracy — Revision Petition challenging acquittal — High Court's power to interfere with an acquittal in revision is very limited and exceptional — Acquittal upheld as the lower courts' judgments were reasoned, based on facts and law, and did not overlook material evidence or act with jurisdictional error. India Law Library Docid # 2432689
(157) UNION OF INDIA AND OTHERS Vs. MAHANTI DEVI AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 03-09-2025 Freedom Fighter Pension Scheme - Swatantrata Sainik Pension Scheme, 1980 - Claim for pension by widow of deceased freedom fighter - Rejection of claim by Union of India - Liberal approach required for assessing claims - Hypertechnical approach is to be avoided - Evidence must be viewed with presumption in favour of claimant unless rebutted by cogent evidence - Scheme aims to honour and mitigate sufferings of freedom India Law Library Docid # 2432700
(158) STATE OF H.P. Vs. RAJIKA GUPTA[HIMACHAL PRADESH HIGH COURT] 03-09-2025 Penal Code, 1860 (IPC) — Sections 279, 337, 304A — Motor Accident Causing Death by Negligence — Driving under Influence of Liquor or Negligently — Probation of Offenders Act, 1958 — Section 3, 4 — Benefit of Probation — Supreme Court has consistently held that the benefit of probation should not be extended to persons convicted for causing death due to rash and negligent driving. This is due to the alarming India Law Library Docid # 2432701
(159) VINOD KUMARI Vs. STATE AND OTHERS[RAJASTHAN HIGH COURT] 03-09-2025 Penal Code, 1860 (IPC) — Section 494 — Bigamy — Ingredients — To convict for bigamy, prosecution must prove: (1) a valid and subsisting marriage at the time of the alleged second marriage, and (2) performance of another marriage with essential ceremonies and customary rites recognized under personal law. Mere cohabitation or assertions of living together are insufficient India Law Library Docid # 2432729
(160) M/S.SREE ARAVIND STEELS LIMITED AND OTHER Vs. THE ASSISTANT COMMISSIONER, GST AND CENTRAL EXCISE I DIVISION[MADRAS HIGH COURT (MADURAI BENCH)] 02-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 173(5) — Applicability — Not applicable to private complaints filed under Special Acts like Central Excise Act, 1944 — Supreme Court held that Section 173(4) and by extension 173(5) are confined to police reports. India Law Library Docid # 2432213