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(681) RAMJI LAL CHOUDHARY Vs. SMT. MANGE DEVI[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-07-2025
Hindu Marriage Act, 1955 — Section 13 (1)(i-a) and (ib) — Divorce — Cruelty and Desertion — Husband's claim for divorce based on wife's alleged cruelty and desertion, further citing his acquittal in some criminal charges and conviction in others. Court found that mere acquittal in some criminal charges did not automatically equate to cruelty by the wife, especially when the husband was convicted for other offenses.
India Law Library Docid # 2428598

(682) KANNUPRIYA @ BEBU Vs. SHIVRAJ SINGH[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-07-2025
Contempt of Court Act, 1971 — Section 2(b) — Civil Contempt — Wilful disobedience of Court order — Petitioner failed to provide conclusive proof of remarriage by respondent after stay order, and respondent's claim of remarriage occurring before stay order raised disputed questions of fact not suitable for contempt proceedings.
India Law Library Docid # 2428600

(683) PUSHPRAJ SINGH Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 24-07-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 24 — Purpose of Provision — Purpose is to ensure no stigma attaches to a juvenile and to provide a fresh start, allowing past records to be erased.
India Law Library Docid # 2428045

(684) SMT. RACHNA BAI GURJAR AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 24-07-2025
Madhya Pradesh Uccha Nyayalaya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 — Section 2(1) — Maintainability of Writ Appeal — Preliminary objection raised that Writ Appeal is not maintainable at the instance of an intervener or proposed intervener without filing an application for leave to appeal — Whether an intervener or person aggrieved can file an appeal or writ appeal with an application for leave to file appeal — What are the
India Law Library Docid # 2428046

(685) M/S ASP TRADERS Vs. STATE OF UTTAR PRADESH AND OTHERS[SUPREME COURT OF INDIA] 24-07-2025
Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order
India Law Library Docid # 2428033

(686) HYATT INTERNATIONAL SOUTHWEST ASIA LTD. Vs. ADDITIONAL DIRECTOR OF INCOME TAX[SUPREME COURT OF INDIA] 24-07-2025
Income Tax Act, 1961 — Interpretation of Double Taxation Avoidance Agreement (DTAA) — Permanent Establishment (PE) — Article 5(1) of India-UAE DTAA — Fixed place of business — The core issue is whether the appellant, a Dubai-based company, had a PE in India under Article 5(1) of the India-UAE DTAA. The
India Law Library Docid # 2428034

(687) M/S RIMJHIM ISPAT LIMITED AND OTHERS Vs. UNION OF INDIA AND ANOTHER[SUPREME COURT OF INDIA] 24-07-2025
Central Excise Act, 1944 — Sections 9 and 9AA — Criminal proceedings — Discharge application — Dismissal of discharge application by both Trial Court and High Court upheld — Criminal appeal dismissed — High Court's judgment affirmed — No interference warranted.
India Law Library Docid # 2428065

(688) MUSTAFA RAZA AND OTHERS Vs. AMREEN NAAZ AND OTHERS[CHHATTISGARH HIGH COURT] 24-07-2025
Guardians and Wards Act, 1890 — Sections 25 & 26 — Custody of minor child — Welfare of child is paramount consideration — Mother entitled to custody of male child until seven years of age — Even if personal law grants custody to mother, welfare of child will prevail in case of conflict.
India Law Library Docid # 2428082

(689) SHESH BAHADUR SINGH(D) THR.LRS. Vs. RAM DAS SINGH(D) THR. LRS. AND OTHERS[SUPREME COURT OF INDIA] 24-07-2025
Uttar Pradesh Consolidation of Holdings Act, 1953 — Section 49 — Bar to civil courts jurisdiction — A suit for cancellation of an order passed in consolidation proceedings is not maintainable if a notification has been issued under Section 4(2) of the Act and the matter could or ought to have been taken up under the Act. (Para 9,
India Law Library Docid # 2428311

(690) BALDEV SINGH Vs. MAJOR SINGH[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure — Additional Evidence — Allowing application for additional evidence at a belated stage — Trial court’s order allowing additional evidence is set aside by the High Court — Grounds for setting aside include that the plaintiff had already availed numerous opportunities to present evidence, failed to produce documents despite
India Law Library Docid # 2428923

(691) TEEKAM (SINCE DECEASED) THROUGH HIS LRS AND ANOTHER Vs. MEHAR CHAND SAINI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure Code, 1908, Section 100 — Regular Second Appeal — Scope of interference — Limited to errors of law or procedure, not findings of fact even if erroneous.
India Law Library Docid # 2428924

(692) UDAI SINGH Vs. PREM PAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference — High Court’s jurisdiction in second appeal is limited to errors of law or procedure, not mere errors of fact, even if they appear gross or inexcusable.
India Law Library Docid # 2428925

(693) SMT. PROMILA KAPOOR Vs. SATYAWATI OSWAL TRUST AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of — The High Court in Second Appeal has limited jurisdiction to interfere with concurrent findings of fact by lower Courts, and can only intervene if there is an error of law or procedure, not merely an error on a question of fact.
India Law Library Docid # 2428926

(694) ORIENTAL INSURANCE CO. LTD. Vs. PARAMJEET KAUR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Motor Vehicles Act, 1988 — Section 166 — Compensation — Composite negligence — Accident caused by rash and negligent driving of both motorcycle driver and truck driver — Finding of composite negligence based on eyewitness testimony and circumstances — Insurance company's contention of sole negligence of truck driver rejected — Standard of proof is preponderance of probabilities — Tribunal's reliance on
India Law Library Docid # 2428927

(695) M/S. GILLCO DEVELOPERS AND BUILDERS PRIVATE LIMITED Vs. REAL ESTATE REGULATORY AUTHORITY PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Transfer Application — Real Estate Regulatory Authority — Whether a 'Court' — A determination by an authority whose decisions are final and binding, involves judicial procedure, and can award costs or interest, is considered a 'Court' for purposes of review and transfer. Section 31 of the Real Estate (Regulation and Development) Act, 2016, and
India Law Library Docid # 2428928

(696) PAYAL CHAUDHARY Vs. KAP SINHA IAS AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 24-07-2025
Contempt of Court — Essential elements — Disobedience of court orders — Fundamental rights — Disconnection of water supply when ordered by a court or in violation of court orders can lead to contempt of court charges, as water is a basic necessity and its disconnection can violate fundamental rights, including the right to livelihood.
India Law Library Docid # 2428929

(697) STATE OF RAJASTHAN Vs. KANA RAM[RAJASTHAN HIGH COURT] 23-07-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Interference by appellate court — An order of acquittal is to be interfered with only when there are compelling and substantial reasons, such as the order being clearly unreasonable, or the trial court having ignored or misread material evidence. The appellate court can reverse an acquittal if the trial court's findings are perverse
India Law Library Docid # 2428724

(698) DEVILAL AND OTHERS Vs. M/S GOVINDAM AND OTHERS[RAJASTHAN HIGH COURT] 23-07-2025
Civil Procedure Code, 1908 (CPC) — Order 39, Rule 7 — Appointment of Commissioner — Preservation and inspection of property — A Commissioner can be appointed for the purpose of detention, preservation, or inspection of the subject-matter of a suit, or to collect samples or make observations for obtaining information.
India Law Library Docid # 2428725

(699) JITENDRA SAXENA AND OTHERS Vs. MOHAN LAL AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-07-2025
Transfer of Property Act, 1882 — Section 76 — Tenancy — Redemption of mortgage — Tenant of mortgagor in possession — Protection of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 — Not entitled to protection against mortgagor after redemption of mortgage unless eviction decree obtained — Letting out of premises by mortgagee not prudent act — Mortgagor entitled to recovery of
India Law Library Docid # 2428601

(700) SMT JARINA ROBINSAN Vs. STATE OF RAJASTHAN THROUGH COLLECTOR[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-07-2025
Civil Procedure Code, 1908 (CPC) — Order 41, Rule 2 — Second Appeal — Admission — Substantial Question of Law — Appeal against dismissal of suit for permanent injunction and appellate court's affirmation of trial court's decree — Held, no substantial question of law arose for admission when both lower courts had concurrently found against the appellant, particularly when possession of land was
India Law Library Docid # 2428602