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(741) BIMAL RAJAK Vs. PARMILA DEVI AND OTHERS[JHARKHAND HIGH COURT] 11-09-2025
Transfer of Property Act, 1882 — Sections 106, 107 — Kirayanama (Rent Agreement) — Unregistered and Unilateral — Validity of — Held, an unregistered and unilateral Kirayanama may be relied upon for collateral purposes to establish the nature of possession and the landlord-tenant relationship, even if not admissible to prove the creation of tenancy itself.
India Law Library Docid # 2433325

(742) TATA STEEL LIMITED Vs. STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 11-09-2025
Mines and Minerals (Development and Regulation) Act, 1957 — Section 8(5) — Transportation of middlings/coal by-products — Captive consumption — Whether additional amount is attracted — Held, clarification required from higher authority concerning the definition and applicability of captive use, especially concerning tolling arrangements and ownership of power generation plants. The writ petition was disposed
India Law Library Docid # 2433326

(743) MAHRU MAHTO Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 11-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 313 — Statement of accused — Sufficiency of questions put to accused — Circumstances and evidence that come from witnesses must be put to the accused — It is not fatal if the name of the witness is not mentioned in the question, as long as the substance of the evidence against the accused is presented.
India Law Library Docid # 2433327

(744) POOJA SHARMA Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT] 11-09-2025
Compassionate Appointment — Rejection of application — Forged documents — Petitioner's mother's application for compassionate appointment was rejected due to submission of a forged Class V marksheet from 1976 — The rejection order was not challenged by the mother during her lifetime or by the petitioner afterwards — Petitioner's subsequent application, based on her mother's original claim, was also rejected.
India Law Library Docid # 2432712

(745) BHANWAR SINGH AND OTHERS Vs. BHOM SINGH AND OTHERS[RAJASTHAN HIGH COURT] 11-09-2025
Rajasthan Tenancy Act, 1955 — Sections 88, 188, 53, 223, 224 — Revenue Suits — Principles of Natural Justice — Opportunity of Hearing — Suit dismissed for non-prosecution, then restored by S.D.O. without an application for restoration, citing non-appearance of counsel for defendants, but judgment pronounced before the next scheduled date without hearing arguments from defendants — Lower appellate authorities (RAA and Board of Revenue) failed to consider these procedural irregularities
India Law Library Docid # 2432713

(746) M/S RAM NATH AND CO. Vs. MUNICIPAL BOARD, SURATGARH AND OTHERS[RAJASTHAN HIGH COURT] 11-09-2025
Rajasthan Municipalities Act, 1959 — Section 271(2) — Limitation for suits against municipality — Section 271(2) applies only to acts done or purportedly done in an "official capacity" — An illegal act by a municipality or its official cannot be considered as done in official capacity — Therefore, the six-month limitation period under Section 271(2) does not apply to illegal actions.
India Law Library Docid # 2432714

(747) STATE OF RAJASTHAN Vs. SUGAN KHAN @ SHOKAT KHAN AND OTHERS[RAJASTHAN HIGH COURT] 11-09-2025
Penal Code, 1860 (IPC) — Section 302/34 — Murder — Acquittal — Criminal Appeals — State's appeal against acquittal from murder charge — Accused convicted for lesser offences — Accused not liable for murder if death is due to intervening causes like septicemia, toxemia, delayed treatment, or medical complications, rather than direct act of accused — Prosecution must prove accused's act as direct and proximate cause of
India Law Library Docid # 2432698

(748) KHADIJA AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 11-09-2025
Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 — Sections 4, 5, 7 — Order for eviction by District Magistrate — Appeal against such order under Section 7 — Petitioners sought to bypass statutory appeal remedy by filing a writ petition, claiming the remedy was time-barred and not efficacious — Court held that while the limitation period had expired, the
India Law Library Docid # 2434064

(749) MST. HAJIRA AND OTHERS Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 11-09-2025
J&K Land Revenue Act, 1996 (Samvat 2006) — Section 121 — Procedure when question of title arises in Settlement Proceedings — Collector's power to decide title summarily is binding until set aside by Civil Court decree — Record-of-rights to be corrected in accordance with decree after application to Collector — Revenue authorities cannot alter ownership on basis of civil court judgment where title was not declared in
India Law Library Docid # 2434065

(750) HARPREET RANA Vs. SAMEER KOUL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 11-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 482 (now 528 BNSS) — Inherent powers of High Court — Quashing of complaint and proceedings — Complaint filed with ulterior motive and personal grudge — Allegations in complaint are absurd and improbable — High Court can exercise inherent powers to prevent abuse of process of court and secure ends of justice.
India Law Library Docid # 2434063

(751) SAHIL GILL Vs. DEVASTHAN MAHARISHI BALMIKI VIRMARG AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Civil Procedure Code, 1908 (CPC) — Order 2 Rule 2 — Bar of suit — Failure to claim relief in earlier suit — If a plaintiff omits to sue for one of the reliefs he is entitled to, he cannot afterwards sue for the relief so omitted — Petitioner argued that respondents' claim for recovery of possession should have been included in an earlier suit for declaration and compensation, thus barring the present suit under Order 2
India Law Library Docid # 2434117

(752) PARMA NAND AND OTHERS Vs. ADDITIONAL DEPUTY COMMISSIONER UDHAMPUR AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
J&K Agrarian Reforms Act, Sections 4 & 8 and Rules, Rule 50 — Mutation Order — Challenge to — Appeal against setting aside of mutation order favouring petitioners — Factual matrix reveals prolonged litigation concerning possession of land — Petitioners claimed continuous possession and mutation under Agriarian Reforms Act — Respondent claimed unauthorized occupation and trespass —
India Law Library Docid # 2434118

(753) ER. CHAGGER SINGH BILLOWRIA Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Administrative Law — Selection Process — Eligibility Criteria — Experience Certificate — Validity — Even if an experience certificate lacks specific dates for types of vehicles, if the issuing authority confirms its authenticity, the employer or court cannot question the actual experience gained, especially in writ jurisdiction.
India Law Library Docid # 2434119

(754) SUDERSHAN MEHTA Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Jammu & Kashmir Government Employees (Conduct) Rules, 1971 — Rule 21(2) — Violation of — Holding position in a sports association without prior permission - Police employee accepted assignment as Joint Secretary in JKCA without prior government permission, violating Rule 21(2). Government aware of similar widespread violations by other officers but took action only against this petitioner.
India Law Library Docid # 2434120

(755) RAJINDER SINGH Vs. UOI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Land Acquisition — Public Purpose — National Highways — Land acquired for widening of national highway can also be used for wayside amenities like petrol pumps, as these are part of highway development and serve public interest.
India Law Library Docid # 2434121

(756) MOHD. HASSAN Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Constitution of India, 1950 — Article 19(1)(a) and 21 — Fundamental Rights — Freedom of Speech and Expression, Right to Liberty — Right to change name — Held to be a facet of fundamental rights, an individual must have control over their name and identity. A desire to be recognised by a different name for a just cause is protected as an expression of identity.
India Law Library Docid # 2434122

(757) M/S BAJAJ ALLIANZ GENERAL Vs. INSURANCE COMPANY LTD. Vs. DARSHANA DEVI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal against award of Motor Accident Claims Tribunal — Insurance company's appeal challenging award directing payment due to death in tractor accident — Tribunal awarded Rs. 5,45,000/- with interest — Insurance company argued cause of accident was fall from building, not vehicle, citing medical record, and that death was due to Bronchopneumonia, not accident injuries — Court held death resulted from cerebral damage due to blunt head
India Law Library Docid # 2434123

(758) STATE OF JAMMU AND KASHMIR Vs. RAJAN LAL[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Appellate court’s approach — Appellate court can review, reappreciate and reconsider evidence and reach its own conclusions on facts and law — No limitation on power, but must bear in mind double presumption of innocence in favour of accused — If two reasonable conclusions possible, acquittal should not be disturbed
India Law Library Docid # 2434124

(759) SANJAY KUMAR Vs. STATE OF J&K AND OTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 11-09-2025
Penal Code, 1860 (IPC) — Sections 376 and 341 — Rape and Wrongful Restraint — Appeal against conviction and sentence — Victim's testimony — Corroboration — Medical evidence — Plea of false implication — Standard of proof.The court upheld the conviction of the appellant for rape and wrongful restraint, finding the victim's testimony to be consistent, credible, and corroborated by medical evidence. The
India Law Library Docid # 2434125

(760) MANIA GHAI Vs. NISHANT CHANDER[DELHI HIGH COURT] 11-09-2025
Family Courts Act, 1984 — Section 19(1) — Appeal against order of Family Court — Rejection of plaint at threshold by Family Court for failing to disclose cause of action — Appeal against — Consideration by High Court — Court's power under Order VII Rule 11 CPC to reject plaint suo motu if it lacks cause of action or is manifestly vexatious — Rejection of suit at first hearing is permissible to nip frivolous litigation in the bud. (Paras
India Law Library Docid # 2434292