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(601) ABDUL HAMID Vs. UNION OF INDIA AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-04-2025
Passports Act, 1967 — Section 6(2)(f) — Refusal of passport due to pending criminal proceedings — Fundamental Right to Travel — Right to travel abroad is a fundamental right — Passport cannot be refused or withheld without prescribed procedure — Section 6 enumerates grounds for refusal, including pending criminal proceedings under Section 6(2)(f) — However, exception exists through Governmen
India Law Library Docid # 2425791

(602) KAKA RAM Vs. J&K SPECIAL TRIBUNAL, JAMMU AND OTHERS[JAMMU AND KASHMIR HIGH COURT AND LADAKH AT JAMMU] 07-04-2025
Jammu & Kashmir Agrarian Reforms Act, 1976 — Section 4 — Mutation challenging after 35 years — Limitation and Delay — Principle of Substantial Justice vs. Law of Limitation — Appeal against mutation under Section 4, attested in 1981, filed in 2016 (after 35 years), entertained by Commissioner — Reasoning that respondent lacked proper advice or knowledge rejected as respondent actively pursued earlier challenge to Section 8 mutation since 2012, demonstrating awareness of Section 4 mutation existe
India Law Library Docid # 2425792

(603) MUMTAZ AHMED Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-04-2025
Jammu and Kashmir Public Safety Act, 1978 — Sections 8(2) and 13(2) — Preventive Detention — Challenge to Order — Grounds for Quashing — Non-furnishing of whole material — Furnishing only five out of six pages of dossier of detention, excluding Annexure-I (intelligence report) from District Special Branch — Whether whole material furnished — Whether intelligence report mandatory to be supplied — Supreme Court in Wasi-ud-din Ahmed case held intelligence report and history sheet not mandatory to b
India Law Library Docid # 2425793

(604) ALTAF HUSSAIN AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-04-2025
Jammu & Kashmir Land Revenue Act, 1996 (Samvat) — Revision — Limitation — Condonation of delay — Power of Collector — Appeal challenging mutation order after 25 years — Ground for condonation of delay being appellant’s illiteracy and residence in a far-flung area — Lack of formal application for condonation of delay and explanation for substantial delay — Collector’s suo motu presumption for condoning delay without appellant’s assertion — Collector not justified in condoning huge delay of 25 yea
India Law Library Docid # 2425794

(605) PALM ISLAND SPACE OWNERS WELFARE ASSOCIATION AND OTHERS Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-04-2025
National Highways Act, 2002 — Sections 28, 29, 38 — Control of National Highways (Land and Traffic) — Making Mall operational — Failure to obtain permission from National Highway Authority of India before making commercial complex operational near National Highway — Petitioners challenging flyover construction changes near commercial complex — Respondents highlighting lack of permission from Highway Authority — While not directly determinative of the core dispute regarding flyover design, the st
India Law Library Docid # 2425810

(606) KULWANT SINGH Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 07-04-2025
Penal Code, 1860 — Section 304 Part II — Culpable Homicide not Amounting to Murder — Intention/Knowledge of causing death — Accused pushed intoxicated victim who fell and sustained head injury leading to death — Post-mortem report indicated subarachnoid haemorrhage but no fracture — Supreme Court precedent in Jani Gulab Shaikh’ (1970 SCC (Cri) 532) holding that pushing someone leading to a fall on the road rarely results in death and it’s difficult to impute knowledge of likely death in such cir
India Law Library Docid # 2425938

(607) NARENDER MEHTA Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 07-04-2025
Service Law — Promotion — Right to promotion — Absence of Recruitment & Promotion Rules — Discretionary promotion as personal measure — Subsequent retraction by Council of Ministers — Effect — Promotion granted as a “personal measure” on sympathetic grounds due to lack of promotional avenues and not based on existing Recruitment & Promotion Rules
India Law Library Docid # 2425939

(608) JOGINDER SINGH AND OTHERS Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 07-04-2025
Himachal Pradesh Land Revenue Act, 1953 — Section 163 — Eviction from Government land — Plea of adverse possession for over 30 years — Mandatory duty of Assistant Collector, 1st Grade to act as Civil Court — When a person facing eviction under Section 163 for alleged encroachment specifically pleads possession of the land for more than 30 years, the Revenue Officer, not below the rank of Assistant Collector, 1st Grade, is mandatorily required by Section 163(3) to proceed
India Law Library Docid # 2425940

(609) PADSALA ARVINDBHAI POPATBHAI AND OTHERS Vs. HEIRS OF LRS DECD HARJIVANDAS DAMODARDAS PRAJAPATI AND OTHERS[GUJARAT HIGH COURT] 07-04-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(a)(d) — Rejection of Plaint — Bar of law — Limitation — Fraud — Scope of examination — Court must confine itself to the averments in the plaint and documents produced with it — Cannot consider written statement or defendant’s documents at this stage
India Law Library Docid # 2426032

(610) ABDUS SATTAR Vs. STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 07-04-2025
Protection of Women from Domestic Violence Act, 2005 — Sections 2(f) and 12 — Maintainability of application — Relationship between parties — Divorce — Proof of Talaq — Domestic Relationship and Shared Household — Application under Section 12 by respondent wife seeking reliefs including maintenance — Petitioner husband claiming prior irrevocable divorce under Muslim law through notices of talaq which terminated the marital and domestic relationship, rendering the application non-maintainable — P
India Law Library Docid # 2426213

(611) SRI ANIL BRAHMA @ ANIL KUMAR WARY Vs. SMT. SABITA SAHA AND OTHERS[GAUHATI HIGH COURT] 07-04-2025
Specific Performance — Suit for — Agreement to Sell — Proof of readiness and willingness — Section 16(c) of Specific Relief Act, 1963 — Essential ingredient is that plaintiff must aver and prove continuous readiness and willingness to perform their part of the contract — Readiness implies financial capacity to pay the balance consideration — While liquid money is not mandatory, credible evidence of financial capacity (bank accounts, assets, income tax
India Law Library Docid # 2426214

(612) TATA SKY LIMITED AND OTHERS Vs. S G ENTERPREISES - TATA SKY SALES AND SERVICES AND OTHERS[DELHI HIGH COURT] 05-04-2025
Practice and Procedure — Clarification of Orders — Inadvertent Errors — The Court has the power to correct inadvertent errors in its previous orders upon an application being filed demonstrating the error — In this instance, paragraphs in a previous order concerning the status and implementation timeline of the ‘Beneficiary Name Lookup Facility’ for RTGS/NEFT by RBI were corrected based on an application and clarification provided.
India Law Library Docid # 2424944

(613) GURWINDER SINGH ALIAS GORI Vs. STATE OF PUNJAB[PUNJAB AND HARYANA HIGH COURT] 05-04-2025
Criminal Procedure Code, 1973 (CrPC) — Section 439 [as applicable via Revision against JJB/Sessions Court orders] — Bail — General Principles — Presumption of Innocence — In considering bail applications, particularly in revisions against denial of bail, courts reiterate the fundamental principle of criminal jurisprudence, including the presumption of innocence — The grant of bail is generally the rule, and putting a person in jail or prison before conviction is an exception, requiring justifica
India Law Library Docid # 2425048

(614) SIMRANJIT SINGH AND OTHERS Vs. RAGHBIR SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 05-04-2025
Motor Vehicles Act, 1988 — Compensation in Injury Claims — Just Compensation Principle — Functional Disability vs. Physical Disability — The assessment of compensation in injury cases must adhere to the principle of ‘just compensation’, aiming to provide adequate recompense without being a bonanza or unduly meagre — In cases of permanent disability, the focus must be on the impact of the disability on the claimant’s earning capacity (functional disability), which may differ significantly from th
India Law Library Docid # 2425049

(615) KAMAL SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 05-04-2025
Service Law — Statutory Interpretation — Conflict between General and Specific Statutes — Transfer — Generalia specialibus non derogant & Leges posteriores priores contrarias abrogant — Where a general statute (Uttarakhand Annual Transfer of Public Servants Act, 2017) provides for transfer, including inter-cadre transfer under specific contingencies, but specific statutory service rules governing a particular cadre (Uttarakhand Subordinate Education (Trained Graduate Category) Service Rules, 201
India Law Library Docid # 2425231

(616) RAJVEER Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-04-2025
Criminal Procedure Code, 1973 — Section 457 — M.P. Excise Act, 1915 — Sections 34(2), 36, 46, 47-A(3)(a), 47-D — Interim Custody of Seized Vehicle — Bar on Jurisdiction of Trial Court — The scope of the trial court’s jurisdiction under Section 457 Cr.P.C. to release a vehicle seized in connection with offences under Sections 34(2), 36, and 46 of the M.P. Excise Act, in light of the bar stipulated under Section 47-D of the said Act, and the conditions precedent for the activation of such a
India Law Library Docid # 2425507

(617) KAMLABAI Vs. MANGILAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 05-04-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Concurrent Findings of Fact — Scope of Interference — The limited jurisdiction of the High Court under Section 100 CPC to interfere with concurrent findings of fact recorded by the trial court and the first appellate court, and the necessity for the involvement of a substantial question of law for such interference.
India Law Library Docid # 2425508

(618) MD. MAHMUD ALAM @ MAHMUD @ NEPALI Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 04-04-2025
Unlawful Activities (Prevention) Act, 1967 — Section 43D(5) — Bail — Restriction on Grant — Prima Facie Case — Section 43D(5) of the UAPA imposes a specific embargo on the grant of bail if the Court, upon perusal of the case diary and the report under Section 173 Cr.P.C., forms an opinion that reasonable grounds exist for believing that the accusation against the person for committing an offence under Chapter IV or VI of the UAPA is prima facie true — This standard shifts the conventional bail j
India Law Library Docid # 2424326

(619) SRI. VINAY RAJASHEKHARAPPA KULKARNI AND OTHERS Vs. CENTRAL BUREAU OF INVESTIGATION AND OTHERS[KARNATAKA HIGH COURT] 04-04-2025
Criminal Procedure Code, 1973 — Sections 306, 307 — Prevention of Corruption Act, 1988 — Section 5(2) — Tender of Pardon — Procedure by Special Judge/Sessions Court — Interpretation of “on the same condition” in S. 307 — Requirement to record acceptance of pardon (S. 306(3)(b)) — Deemed Acceptance — The condition stipulated in Section 307 Cr.P.C. (“on the same condition”) for granting pardon by the Court to which the case is committed (or a Special Court exercising similar power) refers specific
India Law Library Docid # 2424339

(620) M/S SUN RAMA EXPORTS PRIVATE LIMITED Vs. SMT. SHANTHA SRINIVAS[KARNATAKA HIGH COURT] 04-04-2025
Specific Relief Act, 1963 — Section 10 (Pre-2018 Amendment), Section 20 (Pre-2018 Amendment) — Decree for Specific Performance — Discretionary Relief — Culpable Conduct of Vendor — While the grant of specific performance under the pre-2018 amended Specific Relief Act was discretionary, such discretion must be exercised judicially based on principles of reason, justice, and equity — Where the vendor (1st defendant) exhibits culpable conduct, such as violating a court’s status quo order by alienat
India Law Library Docid # 2424360