(141) MOHD. TANVEER Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 02-09-2025 Constitution of India, 1950 — Article 22(1) — Right to be informed of grounds of arrest — Mandatory requirement — Failure to communicate grounds of arrest in writing to the arrested person renders the arrest and subsequent custody illegal and vitiated — Supreme Court judgments in Pankaj Bansal and Vihaan Kumar cases reiterated. India Law Library Docid # 2432342
(142) CHANDRA SINGH SELLA Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 02-09-2025 Criminal Procedure Code, 1973 (CrPC) — Sections 451, 457 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 51, 60 — Release of seized vehicle — No specific bar under NDPS Act for interim release of vehicle used for transporting contraband — Court can invoke general powers under Cr.P.C. for return of seized vehicle pending final decision — Trial court has discretion to release vehicle, exercised in accordance with law based on facts and circumstances of each case. India Law Library Docid # 2432343
(143) SMT. AMITA VERMA AND OTHERS Vs. NEELAM VERMA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 6-A — Counterclaim by Defendant — A defendant can file a counterclaim against the plaintiff for any right or claim based on a cause of action that arose before or after the suit was filed, but critically, before delivering their defence or within the time limited for defence. The Supreme Court has clarified that while there's no embargo on filing after the written statement, the cause of action must be prior to the framing of issues, and courts pos India Law Library Docid # 2432525
(144) GULAB AND OTHERS Vs. RADHESHAYAM AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Scope of Interference — High Court's power to interfere in second appeal is limited to substantial questions of law and not re-appreciation of evidence, unless findings are manifestly perverse or contrary to record. India Law Library Docid # 2432526
(145) MUNAWAR HUSSAIN Vs. MUNICIPAL COMMITTEE THANA MANDI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-09-2025 Constitution of India, 1950 — Articles 14, 16, 21 — Principles of Natural Justice — Right to livelihood — Termination of employment — Arbitrary termination without fair procedure and opportunity to be heard — Employee in public employment not to be arbitrarily deprived of livelihood without just, fair, and reasonable procedure — Termination orders quashed for violating principles of natural justice India Law Library Docid # 2432544
(146) GHULAM NABI KAMLAK AND OTHERS Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 02-09-2025 Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Abuse of Process of Law — FIR lodged as a counterblast to a previously filed FIR by the petitioners, with vague and omnibus allegations, indicating an ulterior motive to pressurize the petitioners — Such FIR constitutes an abuse of legal process, warranting quashing. India Law Library Docid # 2432545
(147) VIDYA AND OTHERS Vs. VINITA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 02-09-2025 Transfer of Property Act, 1882 — Section 6 — Will executed by Anokhi Ram in favour of daughter Prema Devi and son-in-law Gopal, bequeathing entire immovable property — Plaintiffs challenged Will on grounds of ancestral coparcenary property, local custom prohibiting transfer, unsound mind of testator, and lack of explanation for disinheriting other daughters — Courts below concurrently held Will to be validly India Law Library Docid # 2432671
(148) SUNITA DEVI AND OTHERS Vs. KHEM DASS AND OTHERS[HIMACHAL PRADESH HIGH COURT] 02-09-2025 Motor Vehicles Act, 1988 - Sections 147, 166 - Motor Accidents Claims Tribunal (MACT) - Appeals against dismissal of claim petitions are allowed - High Court finds accident caused by rash and negligent driving of truck driver, reversing MACT's decision - Insurance Company liable to indemnify owner/driver of offending vehicle as policy was valid and no breach of terms identified. India Law Library Docid # 2432672
(149) SANJAY K. MAANAV Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 02-09-2025 Drugs and Cosmetics Act, 1940 — Section 27(b)(ii) — Possession of allopathic drugs without licence/certificate — Offence — Accused found in possession of allopathic drugs in clinic without valid licence or certificate — Conviction upheld. India Law Library Docid # 2432673
(150) PRERNA SINGH Vs. NISHANT SINGH[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 — Additional evidence in appellate court — Procedure — Application for additional evidence should be decided before the main appeal — Where a civil suit is dismissed for failure to prove ownership, and an application under Order 41 Rule 27 CPC is filed to produce additional evidence to prove ownership, it is in the interest of justice and for proper adjudication of the appeal India Law Library Docid # 2432674
(151) PUNJAB SMALL INDUSTRIES AND EXPORT CORPORATION LTD. Vs. SH. DEV RAJ SHARMA[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Appeal — Regular Second Appeal — Dismissal of suit and appeal by lower courts upheld — High Court finds no illegality in lower courts' appreciation of evidence and application of law. India Law Library Docid # 2432681
(152) JAGIR SINGH Vs. GURDEV SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Limitation Act, 1963 — Sections 3 and 5 — Condonation of Delay — Appeal filed beyond period of limitation — Delay of 1022 days — Appellant's explanation based on alleged intervention by individuals and consequent abstention from prosecuting the matter — Explanation found to be vague and lacking cogent justification — Court emphasizes liberal interpretation of 'sufficient cause' for condonation but stresses that India Law Library Docid # 2432682
(153) PUNJABI UNIVERSITY, PATIALA AND ANOTHER Vs. INDERJEET KAUR[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Order 41 — Appeals from original decrees — Scope of appeal — Concurrent findings of lower courts on facts and documents' authenticity not challenged by the appellant — Appeal dismissed. India Law Library Docid # 2432683
(154) KEWAL SINGH AND ANOTHER Vs. DALIP SINGH[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Indian Registration Act, 1908 — Section 49 — Effect of non-registration of documents — Unregistered sale deed impacting immovable property can be used as evidence of a contract for specific performance or part performance, but not as a title deed — Appropriate legal recourse for a party seeking registration of an executed sale deed is a suit for mandatory injunction, not a suit for challenging its validity based on India Law Library Docid # 2432684
(155) MOHINDER SINGH (SINCE DECEASED) THROUGH LRS Vs. SADHU SINGH (SINCE DECEASED) THROUGH LRS[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Agreement to Sell — Specific Performance — Readiness and Willingness of Plaintiff — Breach of Contract — Plaintiff failed to appear before Sub-Registrar on stipulated date, breaching agreement to sell. India Law Library Docid # 2432685
(156) PUNJAB SMALL INDUSTRIES AND EXPORT CORPORATION LTD Vs. JASBIR SINGH JAFRA[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Civil Procedure Code, 1908 (CPC) — Appeal — Regular Second Appeal — Dismissal of suit for recovery and appeal against dismissal — Both lower courts correctly dismissed the suit and appeal based on Supreme Court precedent regarding recovery of excess payments. India Law Library Docid # 2432686
(157) JASBIR SINGH Vs. BAGICHA SINGH[PUNJAB AND HARYANA HIGH COURT] 02-09-2025 Contract Law — Agreement to Sell — Specific Performance — Refund of Earnest Money — Plaintiff's failure to prove readiness and willingness to perform the contract, specifically the availability of funds on the stipulated date, disentitles them from claiming a refund of earnest money, particularly when the agreement contains a forfeiture clause and the plaintiff's failure to appear in person to depose. India Law Library Docid # 2432687
(158) ANAND SWARUP Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 02-09-2025 Constitution of India, 1950 — Article 226 — Writ Petition — Reconsideration while selecting candidates — Selection Committee ignored teaching experience certificate of petitioner for post of Drawing Master — Petitioner possessed experience certificate from Principal of Government Senior Secondary School certifying three years of service — Respondents argued appointment was made without departmental permission and thus certificate should not be considered — Court held reason assigned by Selection India Law Library Docid # 2432702
(159) TULSI RAM Vs. MUSTAQ QURESHI[HIMACHAL PRADESH HIGH COURT] 02-09-2025 Himachal Pradesh Urban Rent Control Act, 1987 — Section 24(5) — Revision — Scope of Revisional Jurisdiction — High Court cannot convert revisional jurisdiction into an appellate jurisdiction and cannot re-appreciate evidence to substitute its own findings of fact for those of the courts below. India Law Library Docid # 2432703
(160) THE STATE OF TELANGANA AND OTHERS ETC. Vs. KALLURI NAGA NARASIMHA ABHIRAM AND OTHERS[SUPREME COURT OF INDIA] 01-09-2025 Constitution of India, 1950 — Article 371D — Presidential Order dated 01.07.1974 under — Andhra Pradesh Educational Institutions (Regulations of Admissions) Order, 1974 — ‘Local Candidate’ definition — State legislation for preferential admission — Legislative competence — Article 246, Seventh Schedule, List III, Entry 25 — Ordinance/Rules need to trace legislative competence to India Law Library Docid # 2432163