(101) 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
(102) 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
(103) 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
(104) 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
(105) 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
(106) 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
(107) 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
(108) 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
(109) 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
(110) 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
(111) 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
(112) URMILA CHAND Vs. SONU CHAND AND OTHERS[SUPREME COURT OF INDIA] 03-09-2025 Motor Vehicles Act, 1988 — Compensation — Disbursement — Review Petition — Delay — Rejection of review petition not condoned for want of substantiated delay — Grounds for review were that disbursement was unfair and contrary to succession law — Appellant accepted cheque for Rs. 1,00,000/- and signed order sheet without demur — Review application filed after almost 7 months of receiving payment — India Law Library Docid # 2432309
(113) C.P. FRANCIS Vs. C.P. JOSEPH AND OTHERS[SUPREME COURT OF INDIA] 03-09-2025 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Framing of Additional Substantial Question of Law — High Court's power to frame new question of law under Proviso to Section 100(5) is discretionary and exceptional, requiring strong and convincing reasons to be recorded — Such question must be grounded in pleadings and findings of lower courts and not be a mere legal plea formulated without notice or opportunity to the opposite party to argue — Introducing a new case India Law Library Docid # 2432310
(114) KU. RANU Vs. SOUTH EASTERN COALFIELD LIMITED AND OTHERS[CHHATTISGARH HIGH COURT] 03-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Compassionate Appointment — Rejection of application — Petitioner challenged rejection of her application for dependent employment by South Eastern Coalfields Limited (SECL) — Grounds for rejection were delay in filing and petitioner’s name not being in service records — SECL rejected application after petitioner’s brother, initially India Law Library Docid # 2432315
(115) ATUL GUPTA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 03-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Quashing of Orders — Release of Vehicle — Petitioner sought quashing of orders refusing release of vehicle confiscated in connection with ivory sale — Vehicle detained by forest authorities after apprehension of three persons with ivory — Petitioner, registered owner, sought interim release citing deterioration of vehicle — Orders of respondent authorities rejecting India Law Library Docid # 2432340
(116) DEVENDRA SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of proceedings — Abuse of process of court — High Court has inherent power to quash criminal proceedings that are essentially civil in nature to prevent abuse of process or secure ends of justice — Revisional Court correctly quashed summoning order as proceedings were initiated after a civil dispute regarding ownership of a firm was established and a Civil India Law Library Docid # 2432341
(117) 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
(118) 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
(119) 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
(120) 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