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(321) CH THORU DIN (DIED) THROUGH LRS AND OTHERS Vs. THE UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 4 — Restoration of suit dismissed for non-prosecution — Condonation of delay — Requirements — Plaintiff must apply within 30 days with satisfactory explanation for delay and demonstrate prima facie case — Restoration is an equitable remedy requiring bona fide intentions and reasonable diligence — Delay beyond 30 days can be condoned under Article 122 of Limitation Act for sufficient cause.
India Law Library Docid # 2434103

(322) SHEIKH MOHD. ASLAM AND ANOTHER Vs. MAHESH SINGH JAMWAL[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2025
Constitution of India, 1950 — Article 227 — Supervisory jurisdiction of High Court — High Court's power under Article 227 is to ensure subordinate courts and tribunals exercise powers within their authority and act in accordance with law — It is a supervisory and not an appellate power — High Court should not correct all errors of judgment or re-appreciate evidence unless there is grave dereliction of duty, flagrant abuse of fundamental principles of law or justice, or a miscarriage of justice.
India Law Library Docid # 2434104

(323) SAJJAD AHMED Vs. UNION TERRITORY OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2025
Unlawful Activities (Prevention) Act, 1967 — Section 19 — Providing support to terrorists — Bail application — Petitioner seeking bail after custody for over a year and charges framed — Trial court had previously rejected bail on the grounds that challan had not been produced — Subsequent filing of challan and framing of charges constitute changed circumstances — Bail granted.
India Law Library Docid # 2434105

(324) TARUN SHARMA Vs. UNION TERRITORY OF J & K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2025
Criminal Procedure Code, 1973 (CrPC) — Section 174 — Death by a stranger — Inquest proceedings — Initial stage of investigation into a suspicious death — Inquest proceedings are a preliminary inquiry to ascertain if a death occurred and if it was due to foul play, not to identify the offender at this stage.
India Law Library Docid # 2434106

(325) BARKET ALI Vs. DIVISIONAL MANAGER SFC DIVISION BHADERWAH[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2025
Constitution of India, 1950 — Article 226 — Writ of Mandamus — Quashing of Judgment — Petition filed seeking quashment of a judgment allowing an appeal and setting aside an award under the Payment of Wages Act.
India Law Library Docid # 2434107

(326) GHULAM HAIDER AND ANOTHER Vs. KAMLESH SINGH AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2025
Civil Procedure Code, 1908 (CPC) — Section 47, Section 50 and Order 21 Rules 97, 98, 101 — Execution of decree — Objections by legal heirs claiming independent rights — Executing court's duty to decide such claims — The executing court is bound to adjudicate the claim of an objector even if they were not a party to the original suit or the decree was not passed against them, provided the claim relates to the execution, discharge, or satisfaction of the decree. A claim for independent rights
India Law Library Docid # 2434108

(327) ZULAFKAR ALI AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 10-10-2025
J&K Requisitioning and Acquisition of Immoveable Property Act, 1968 — Section 7 — Withdrawal of acquisition notice — Land must be requisitioned before acquisition proceedings can be initiated — Acquisition proceedings cannot be initiated for land not requisitioned, especially if occupation is unauthorized and no compensation is paid — This violates the constitutional right to property.
India Law Library Docid # 2434109

(328) HEIRS OF DECD. KALUMIYA MOTAMIYA DHASURA AND OTHERS Vs. FATEHKHAN BHIKHABHAI DHASURA SINCE DECD. THRO HIS HEIRS AND OTHERS[GUJARAT HIGH COURT] 10-10-2025
Gujarat Panchayats Act, 1961 — Section 320(1) — Suit maintainability — Challenge to Panchayat resolution — Relates to actions in good faith done under the Act — Civil Court's jurisdiction can be invoked if reliefs sought cannot be granted under the Gujarat Panchayats Act, 1961.
India Law Library Docid # 2434196

(329) ROSHANKUMAR RAMESHBHAI PATEL Vs. KANTABEN RAMANBHAI DALWADI AND OTHERS[GUJARAT HIGH COURT] 10-10-2025
Specific Relief Act, 1963 — Sections 22 and 28(3) — Transfer of Property Act, 1882 — Section 55 — Decree for Specific Performance — Relief of Possession — When exclusive possession of property is with the contracting party, a decree for specific performance simpliciter implies handing over possession — Execution court cannot reject application for possession warrant on ground of absence of explicit
India Law Library Docid # 2434198

(330) SUPRABHA NITESH PATIL @ SUPRABHA ANANT KOT AND OTHERS Vs. NITESH GAJANAN PATIL AND OTHERS[BOMBAY HIGH COURT] 10-10-2025
Hindu Marriage Act, 1955 — Section 21-A — Transfer of petitions — When a petition under the Act is presented by one party and another petition by the other party is presented later in a different District Court, the later petition shall be transferred to the District Court where the earlier petition was presented, to be heard and disposed of together.
India Law Library Docid # 2434514

(331) SAU. BARULA Vs. SUMAN RAMAJI TEKAM AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 10-10-2025
Civil Procedure Code, 1908 — Second Appeal — Substantial Question of Law — Framing of — Whether Trial and Appellate Courts erred by not considering that the burden was on the respondents to show that the custom within the Gond Community excluded female members from inheriting ancestral property.
India Law Library Docid # 2434529

(332) NALIN @ NARENDRA Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (NAGPUR BENCH)] 10-10-2025
Penal Code, 1860 (IPC) — Sections 376(2)(k), 376(2)(n), 376(3), 323, 324 — Protection of Children from Sexual Offences Act, 2012 — Sections 4, 6 — Conviction for aggravated penetrative sexual assault on a minor daughter by father — Appeal against — Trustworthiness of victim’s testimony — Sole testimony of prosecutrix, if reliable, is sufficient for conviction in sexual offence cases, even
India Law Library Docid # 2434534

(333) GUDEM MAHIPAL REDDY Vs. KATAM SRINIVAS GOUD AND OTHERS[TELANGANA HIGH COURT] 10-10-2025
Representation of Peoples Act, 1951 — Section 100(1)(d)(i) & 100(1)(d)(iv) — Election Petition — Rejection of nomination — Materially affected election result — Allegations of non-disclosure of assets, income, misrepresentation of educational qualifications and loans/dues, and corrupt practices against returned candidate — For an election petition to be maintainable on grounds of improper acceptance of
India Law Library Docid # 2434614

(334) DR. JAGANNATH OLEKAR Vs. UNIVERSITY OF AGRICULTURAL SCIENCES[KARNATAKA HIGH COURT] 10-10-2025
Universities of Agricultural Sciences Act, 2009 — Section 30(1) — Definition of 'Teacher' — Appellant appointed as Field Officer in the cadre of Assistant Professor, applied for promotion under Career Advancement Scheme, claiming credit for teaching and research work — Appellant's contention that he is not a 'Teacher' is unsustainable, as his application for promotion and work done report demonstrate his
India Law Library Docid # 2434632

(335) M/S. ANNAPURNESHWARI MINERALS Vs. THE STATE OF KARNATAKA[KARNATAKA HIGH COURT] 10-10-2025
Karnataka Minor Mineral Concession Rules, 1994 — Rule 21(2) and Proviso — Application for renewal of quarry lease — Lease expired on 29.12.2013 — Ninety days to apply for renewal reckoned from 29.12.2013 — Application filed on 30.12.2013 therefore within time, as 29.12.2013 was a Sunday and Section 10 of the General Clauses Act applies.
India Law Library Docid # 2434633

(336) SBI GENERAL INSURANCE COMPANY LIMITED Vs. SMT MEENA BISHT AND OTHERS[UTTARAKHAND HIGH COURT] 10-10-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal From Order — Insurance Company's appeal against Motor Accident Claims Tribunal award — Award granted compensation exceeding ₹50 lakhs against the appellant insurance company — Appellant contested identification of vehicle, contributory negligence, and calculation of future prospects — Court examined evidence related to accident, driver's license
India Law Library Docid # 2434687

(337) THE OFFICIAL ASSIGNEE, HIGH COURT, MADRAS Vs. C.PERIYASAMY AND OTHERS[MADRAS HIGH COURT] 10-10-2025
Presidency Towns Insolvency Act, 1909 — Section 55 — Void transfers — Property sale by insolvents within two years of adjudication — Sale to be declared void if not made in good faith and for valuable consideration — Here, sale was to discharge a mortgage debt and was for a substantial amount, thus considered bona fide and for value.
India Law Library Docid # 2434825

(338) GENERAL MANAGER, SOUTHERN INDIA REGION, M/S. AIR INDIA LIMITED AND OTHERS Vs. P.SUNDARAPARIPORANAM[MADRAS HIGH COURT] 10-10-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal against decree and judgment — Damages for negligence — Plaintiff claimed compensation for finding hair in food served on flight — Trial court awarded Rs 1,00,000/-.
India Law Library Docid # 2434826

(339) M.N.SAROJINI AMMAL (DECEASED) AND OTHERS Vs. B.SUBASH CHANDRAN AND OTHERS[MADRAS HIGH COURT] 10-10-2025
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 1 — Appeals — Effect of admitting documents without objection — Objections regarding the admissibility of a document should be raised when it is first tendered as evidence. If not raised at that stage, it cannot be raised later, especially in an appeal, as it implies a waiver of the objection.
India Law Library Docid # 2434827

(340) GOVINDAN AND OTHERS Vs. THE STATE AND OTHERS[MADRAS HIGH COURT] 10-10-2025
Criminal Procedure Code, 1973 — Section 374(2) — Appeals against conviction — Acquittal — Prosecution failed to prove its case beyond reasonable doubt due to various contradictions and lacunae in evidence, including non-mention of a key accused in initial complaint, lack of medical records for alleged injuries, dubious recovery of evidence, and inconsistencies in witness testimonies.
India Law Library Docid # 2434828