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(661) SARWA ZAHOOR AND ANOTHER Vs. DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 20-11-2025
Prevention of Money Laundering Act, 2002 (PMLA) — Section 26(4) — Appeal to Appellate Tribunal — Power of Remand — The Appellate Tribunal, while exercising powers under Section 26(4) to "pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against," is vested with the power to remand the matter back to the Adjudicating Authority — The expression "pass such orders thereon as it thinks fit" is of the widest amplitude and includes the power of
India Law Library Docid # 2436250

(662) BUILDING OPERATION CONTROLLING AUTHORITY, MUNICIPAL AREA, JAMMU Vs. MRS. RATNO DEVI AND OTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-11-2025
Jammu & Kashmir Municipal Act, 2008 (1951 A.D.) — Sections 225, 229, 229(3) — Demolition Notice — Procedure — Strict Compliance — Where the Municipality issues notices to stop construction (Sec. 225) and alter/demolish (Sec. 229), subsequent demolition notice (Sec. 229(3)) requires strict adherence to the prescribed procedure; failure to dispute or deny the claim of the building owner that a building
India Law Library Docid # 2436264

(663) UNION OF INDIA AND OTHERS Vs. ARUN KALMODIYA[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 20-11-2025
Service Law — Recruitment — Sub Inspector in Delhi Police/Central Armed Police Forces — Physical Standard Test (PST) — Minimum Height Requirement — Requirement of 170 cm for male candidates (General Category) as per advertisement (Para 12.10.1) — Candidate measured at 169.6 cm — Applicability of "rounding off" provision in Uniform Guidelines for Medical Examination Test (Clause 2(d)) — Held, the "rounding off" provision (0.5 cm or more rounded to next higher cm) prescribed
India Law Library Docid # 2436398

(664) VISHAL KHANDURI AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 20-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Interim Maintenance — Quantum of Maintenance — Nature and Purpose — Section 125 is a measure of social justice designed to prevent destitution and must be interpreted liberally — Sufficiency of means or proof of actual income should not be approached with hyper-technical rigidity — Maintenance is compensatory, meant to enable the wife to live with dignity consistent
India Law Library Docid # 2436557

(665) SANJAY KASHYAP Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 20-11-2025
Criminal Law — Conviction and Sentencing — Penal Code, 1860 (IPC) — Sections 504 (Intentional insult with intent to provoke breach of the peace), 506 (Criminal intimidation), and 509 (Word, gesture or act intended to insult the modesty of a woman) — Setting aside of conviction — Appellant convicted initially based on evidence primarily related to a scuffle and subsequent alleged consumption of poison by the victim — High Court found significant contradictions and improvisations in the statements
India Law Library Docid # 2436558

(666) KULDEEP SINGH CHOUDHARY AND OTHERS Vs. RAJASTHAN PUBLIC SERVICE COMMISSION, THROUGH ITS SECRETARY AND OTHERS[RAJASTHAN HIGH COURT] 20-11-2025
Food Safety and Standards Act, 2006 — Section 37(1) — Food Safety and Standards Rules, 2011 — Rule 2.1.3 — Appointment/Qualification of Food Safety Officer (FSO) — Requirement of Training — Distinction between 'Selection' and 'Appointment' — The qualification for FSO, including mandatory training (Rule 2.1.3.1(iii)), must be possessed on the date the Commissioner of Food Safety issues
India Law Library Docid # 2437727

(667) GOPAL SINGH Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 20-11-2025
Medical Education — NEET-UG Eligibility — National Medical Commission (NMC) Public Notice dated 22.11.2023 and Graduate Medical Education Regulations, 2023 — Requirement of Physics, Chemistry, Biology/Biotechnology, and English in qualifying examination — The erstwhile requirement of continuous study of Biology in Class 11th and 12th was repealed prospectively by the 2023 Regulations — NMC
India Law Library Docid # 2437728

(668) DEEPAKBHAI NANUBHAI JOBANPUTRA Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 20-11-2025
Gujarat Land Revenue Code, 1879 — Section 65 — Conversion of agricultural land to non-agricultural (NA) use — Essential requirement for NA Permission — The key requirement under Section 65 is that the applicant must be an 'occupant' of the land which is assessed or held for agricultural purposes — It is not required that the applicant must prove clear title or ownership; being recorded as an occupant in
India Law Library Docid # 2437858

(669) STATE OF GUJARAT Vs. ISMILE JUSABBHAI CHAVDA[GUJARAT HIGH COURT] 20-11-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Powers of Appellate Court — If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court — Acquittal further strengthens the presumption of innocence available to the accused — Appellate court can only overturn acquittal if it finds that the guilt of the accused was proved beyond a reasonable doubt and no
India Law Library Docid # 2437859

(670) SANTOSHKUMAR TUNGNATH MISHRA Vs. LHS OF DECD. MATAPRASAD ORIPRASAD SHUKLA AND OTHERS[GUJARAT HIGH COURT] 20-11-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Suit for Declaration and Possession — Burden of Proof — Where the appellant-defendant raises contentions in the written statement (e.g., bar of res judicata, lack of jurisdiction, tenancy claim) but fails to adduce oral evidence to substantiate these pleadings, the appellant is deemed to have failed to discharge the burden of proof,
India Law Library Docid # 2437860

(671) RAMBHAI CHAGANBHAI MODHVADIYA Vs. RAJUBHAI CHAGANBHAI MODHVADIYA[GUJARAT HIGH COURT] 20-11-2025
Civil Procedure — First Appeal — Challenge to order setting aside probate certificate — Limited prayer for remanding the matter for full-fledged trial — Where a probate certificate is set aside, the application for grant of probate must be decided as a suit after a full-fledged trial, considering the submissions and evidence of both parties, following the precedent set by the Apex Court in Manibhai Amaidas Patel v.
India Law Library Docid # 2437861

(672) NARAN BHIMA DANGAR Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 20-11-2025
Bombay Land Revenue Code — New Tenure Land — Conversion to Old Tenure — Transfer of Property — Validity of Sale Deed — Where a conveyance of land, initially categorized as new tenure, occurs after its official conversion to old tenure status, no prior permission from the competent authority is necessary for the transaction; the transaction is valid, and corresponding revenue entries in favor of the
India Law Library Docid # 2437862

(673) LAKSHMANBHAI RAICHANDBAHI KOLI AND OTHERS Vs. MAMLATDAR AND OTHERS[GUJARAT HIGH COURT] 20-11-2025
Mamlatdars’ Courts Act, 1906 — Section 5 — Suit for obstruction of right of way — Scope of Mamlatdar's jurisdiction — Mamlatdar found obstruction of an existing way used by plaintiffs for decades, based on Panchnama and neighbor statements — Mamlatdar's action allowing the suit and directing removal of obstruction for restoration of right of way is within the scope of Section 5 of the Act.
India Law Library Docid # 2437863

(674) VAGHELA DHULUBHA NARAYANJI Vs. KANKUBEN BHOJABHAI KOD AND OTHERS[GUJARAT HIGH COURT] 20-11-2025
Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law (SQL) — Scope of Interference — High Court's jurisdiction in a Second Appeal is limited to cases involving a substantial question of law — The legislative intention behind Section 100, CPC, especially after the 1976 Amendment, is to prevent the second appeal from becoming a "third trial on facts" or "one more dice in the gamble" — Appellate Courts are bound by the statutory
India Law Library Docid # 2437864

(675) BHUPENDRAKUMAR GORDHANBHAI AMIN AND ANOTHER Vs. NIRAJ ARUNBHAI AMIN HEIR OF DECD. ARUNBHAI[GUJARAT HIGH COURT] 20-11-2025
Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Permanent Injunction — Maintainability of suit — Suit for permanent injunction simpliciter concerning immovable property (one room in a joint family property) — Where the plaintiff is not in possession of the suit property on the date of institution of the suit — Necessity of claiming consequential relief (possession or declaration of title) — Person out of possession cannot seek relief of injunction simpliciter without claiming
India Law Library Docid # 2437865

(676) BABY VERGESE AUTHORISED OFFICER OF SINAI COOPERATIVE CREDIT SOCIETY LTD. (IN LIQUIDATION), ANAND Vs. PHILIPBHAI HIRABHAI PARMAR AND OTHERS[GUJARAT HIGH COURT] 20-11-2025
Gujarat Cooperative Societies Act, 1961 — Section 103 — Recovery of Dues — Jurisdiction of Civil Court — Alternative Remedies — Section 103 provides dual, co-existent, and alternative avenues for recovery of dues arising from orders under Sections 93, 100, 101, 102, 110, or 155 of the Act: (a) execution as a Civil Court decree, or (b) execution through revenue recovery procedures under the Land
India Law Library Docid # 2437866

(677) MANOJ GOVINDBHAI LAKKAD AND ANOTHER Vs. RAJ RADHE FINANCE LTD AND OTHERS[GUJARAT HIGH COURT] 20-11-2025
Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) — Section 2(h), 17, 19 — Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 2(m) — Jurisdiction of Debts Recovery Tribunal (DRT) — Maintainability of Original Application (OA) by Assignee Non-Banking Financial Company (NBFC) — Original Applicant Bank
India Law Library Docid # 2437867

(678) M/S. SRI SARASWATHI BUS SERVICE AND OTHERS Vs. M. CIBIRAJ AND OTHERS[MADRAS HIGH COURT] 19-11-2025
Hindu Law — Joint Family Property — Presumption of Jointness — Properties in the name of male members of a joint family enjoying sufficient ancestral nucleus are presumed to be joint family properties, shifting the burden to the party claiming them as self-acquired — No such presumption exists for properties standing in the name of female members; the party claiming them as joint family property must specifically plead and prove it — Where the evidence shows properties were acquired in the wife'
India Law Library Docid # 2436742

(679) JEYARAJ AND OTHERS Vs. A. STALIN AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 19-11-2025
Hindu Law — Marriage — Validity of Second Marriage — Customary Divorce — When a second marriage is performed in 1961 during the subsistence of the first marriage, it is inherently void unless a valid customary divorce is established between the first husband and wife prior to the second marriage — The burden of proving customary divorce lay upon the defendants (seeking to uphold the second marriage) — Where the
India Law Library Docid # 2436743

(680) COMMISSIONER OF LAND ADMINISTRATION, EZHILAGAM AND OTHERS Vs. R. MUNIYANDI @ CHANDRAN[MADRAS HIGH COURT] 19-11-2025
Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act XXVI of 1948) — Section 7(c) — Powers of Control of Board of Revenue (now Commissioner of Land Administration) — Suo-motu revisionary power — Scope — Section 7(c) empowers the Commissioner of Land Administration to cancel or revise orders of a Settlement Officer (including Assistant Settlement Officer) except those orders where an appeal lies to the Tribunal — Where the Assistant Settlement Officer grants patta under
India Law Library Docid # 2436744

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