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(961) UNION OF INDIA AND OTHERS Vs. SICPA INDIA PRIVATE LIMITED AND OTHERS[SIKKIM HIGH COURT] 05-09-2025
Central Goods and Services Tax Act, 2017 — Sections 49(6) and 54(3) — Refund of Input Tax Credit (ITC) — Claim on closure of business — Section 49(6) allows refund of balance in ledgers in accordance with Section 54 — Section 54(3), read with its proviso, limits refund of unutilised ITC to zero-rated supplies or accumulation due to inverted duty structure — Closure of business is not a specified ground for refund under Section
India Law Library Docid # 2433402

(962) SHIVRANJAN TOWERS SAHAKARI GRIHA RACHANA SANSTHA MARYADIT Vs. BHUJBAL CONSTRUCTIONS AND OTHERS[BOMBAY HIGH COURT] 04-09-2025
Arbitration and Conciliation Act, 1996 — Sections 16, 34, 5, 37 — Writ Petition against Arbitrator's order on jurisdiction — High Court ordinarily entertains such petitions only in cases of patent lack of inherent jurisdiction, where lack of jurisdiction is glaringly evident, or where a party is left remediless, or where bad faith is exhibited — Minimal judicial intervention and non-breakability of arbitral process to be adhered to —
India Law Library Docid # 2432518

(963) RAJENDRA SHARMA AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 04-09-2025
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Public employment — Regularization of daily wage employees — This writ petition concerned the regularization of services of daily wage employees who had been working for a considerable period. The petitioner was initially appointed on daily wages, had his services terminated, and was later reinstated. Despite completing more than ten years of service and previous court directions for regularization, his services were not regularized
India Law Library Docid # 2432529

(964) 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

(965) 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

(966) 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

(967) BANARSI DASS AND OTHERS Vs. FINANCIAL COMMISSIONER, REVENUE, J&K GOVERNMENT, SRINAGAR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 04-09-2025
Jammu and Kashmir Land Revenue Act, Section 12(2) — Revision Petition — Limitation — Provisions of Limitation Act applicable to civil suits apply to revisions under the Land Revenue Act — Period of limitation for revision against a revenue officer's order is the same as for a civil suit revision, which is ninety days.
India Law Library Docid # 2432539

(968) BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. NOOR BEGUM AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 04-09-2025
Motor Vehicles Act, 1988 — Section 145 — Motor Accidents Claims Tribunal — Award — Appeal — Non-joinder of driver as a necessary party — Contention that claim petition is not maintainable due to non-joinder of driver rejected — Held, driver is a proper party but not a necessary party for claim petition — Tribunal duty-bound to implead necessary/proper parties and issue notices, but non-impleadment by claimant
India Law Library Docid # 2432540

(969) MEHRAJ-UD-DIN KHAN Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 04-09-2025
Service Law — Dismissal from service — Absence from duty — Petitioner, a Constable, was removed from service for unauthorized absence from duty due to alleged militant threats — Petitioner failed to provide evidence for threats and did not rejoin duty for nineteen years — His representations were rejected, and Tribunal upheld dismissal — Held, a police official cannot abandon duties due to perceived threats, and petitioner's
India Law Library Docid # 2432550

(970) 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

(971) SUNIL DEWAN Vs. KEDAR DEWAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-09-2025
Limitation Act, 1963 — Article 54 — Specific Performance of Contract — Limitation Period — Suit for specific performance of contract is to be filed within three years — Either from the date fixed for performance or from the date the plaintiff has notice of refusal of performance — Where an agreement stipulates completion of period for performance (e.g., 365 days from date of agreement), that date is considered "fixed for performance" for calculating limitation.
India Law Library Docid # 2432744

(972) MUKESH Vs. BALDEV SINGH[PUNJAB AND HARYANA HIGH COURT] 04-09-2025
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 23-A — Remand of case — When Lower Appellate Court's judgment is set aside, the High Court may order a retrial. The High Court found that the original suit was not properly decided due to issues with evidence and re-evaluation of a demarcation report. Therefore, the case was remanded to the trial court for a fresh decision after proper demarcation of the
India Law Library Docid # 2432678

(973) GURMAIL SINGH AND ANOTHER Vs. SUKHMINDER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 04-09-2025
Indian Succession Act, 1925 — Section 63 — Wills — Suspicious circumstances — A Will revoked by a subsequent unregistered Will is not invalid per se, however, the circumstances surrounding the execution of the subsequent Will must be scrutinized for suspicious elements — A registered Will executed by the testator indicates awareness of the importance of formal documentation, making a purportedly
India Law Library Docid # 2432679

(974) JAISHANKAR SHARMA AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 04-09-2025
Penal Code, 1860 (IPC) — Sections 143, 341, 323, 336 — Unlawful assembly, Wrongful restraint, Voluntarily causing hurt, Rash or negligent act endangering life — Framing of charges — Prima facie case — Evidence on record, including witness statements and recovery of a lathi, sufficiently establishes voluntary causing of hurt, wrongful restraint, and rash/negligent acts, forming a prima facie case for these offences.
India Law Library Docid # 2432727

(975) STATE OF RAJASTHAN Vs. JAIPAL JAIN AND OTHERS[RAJASTHAN HIGH COURT] 04-09-2025
Factories Act, 1948 — Sections 34 and 38 — Penalty for contravention of provisions relating to safety — Prosecution based on negligence causing injury — Essential element is proof of violation of specific safety norms or lapses by employers — Failure of prosecution to produce the injured witness for examination-in-chief and cross-examination is fatal to the case
India Law Library Docid # 2432728

(976) RAMESH CHAND SAINI AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-09-2025
Constitution of India, 1950 — Articles 14 & 16 — Recruitment Process — Delay — Prolonged litigation originating from a 2013 advertisement for LDC posts stalled the process for over a decade. The court noted that such endless contests burden the administration of justice and undermine judicial discipline. The court emphasized its role in safeguarding fairness, not managing service cadres, and highlighted the need for
India Law Library Docid # 2432742

(977) IDP EDUCATION INDIA PVT. LTD. Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 04-09-2025
Goods and Services Tax Act, 2017 — Section 2(13) (Definition of Intermediary) — Place of Supply — Export of Services — Petitioner providing student placement and guidance services to IDP Australia, an Australian company — Department classified petitioner's services as "intermediary" — Petitioner claimed services as "export" of services — Held, for a person to be classified as an "intermediary", there must be at least
India Law Library Docid # 2432743

(978) SRI. K.T. GOVINDE GOWDA AND OTHERS Vs. INDUSTRIAL DEVELOPMENT BANK OF INDIA [I.D.B.I.] AND OTHERS[KARNATAKA HIGH COURT] 04-09-2025
Civil Procedure Code, 1908 — Order 7 Rule 11(d) — Rejection of Plaint — Bar of Jurisdiction — SARFAESI Act, 2002 — Sections 17, 34 — Declaratory suit regarding guarantee agreement and mortgage not maintainable before Civil Court when SARFAESI Act applies and provides a remedy before the DRT — Rejection of plaint by Commercial Court upheld
India Law Library Docid # 2432781

(979) SMT ARCHANA TYAGI AND OTHERS Vs. YADURAJ NARAIN[ALLAHABAD HIGH COURT] 04-09-2025
Transfer of Property Act, 1882 — Section 126 — Revocation of gift — Gift of land was made on the condition that a cinema hall be constructed and operated on it — Donee constructed and operated the cinema hall for 47 years — Donee then demolished the old cinema hall and began constructing a multiplex/commercial complex — Conditions of gift were to construct a cinema hall and if not constructed, land would revert — No condition that the cinema hall must remain in existence
India Law Library Docid # 2433024

(980) RATAN BUILDTECH PRIVATE LIMITED Vs. ANIL KUMAR[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 04-09-2025
Real Estate (Regulation and Development) Act, 2016 — Section 18(1) - Compensation and Interest - Promoter's failure to deliver possession as per agreement - Allottee's right to interest - Plain reading of Section 18 prescribes interest on delay in possession, irrespective of whether allottee withdraws or continues with the project.
India Law Library Docid # 2433025