(81) STATE OF J&K Vs. ABDUL LATIF AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 428 — Appeal against acquittal — Scope of interference by appellate court — Appellate court’s power to interfere is limited and circumscribed — If appellate court finds that a view different from the trial court is permissible, it should affirm the trial court’s view — Presumption of innocence is fortified by acquittal, and appellate court should not reverse acquittal unless evidence on record clearly warrants it. India Law Library Docid # 2432542
(82) BHUPINDER KUMAR @ PAPPU Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 03-09-2025 Preventive Detention — Grounds of Detention — Non-application of Mind — Detaining authority failed to consider that a previous detention order for similar grounds was quashed by the Court, thus vitiating the current detention order. India Law Library Docid # 2432543
(83) IMTIYAZ AHMAD GANIE Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 03-09-2025 Jammu and Kashmir Public Safety Act, 1978 — Preventive Detention — Application of Mind — Detention order quashed due to non-application of mind by the detaining authority, as the grounds of detention indicated mistaken identity and insufficient evidence to book the detainee under substantive law. The detaining authority failed to consider that the detainee was released on a surety bond and the evidence against him India Law Library Docid # 2432552
(84) SHRI ANIL KUMAR SHARMA Vs. ADITYA VASHISHTH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Hindu Adoptions and Maintenance Act, 1956 — Sections 3(b), 20, 28, 20(2), 20(3) — Maintenance of children — Father's liability for major son's expenses — Suit filed by major son for maintenance, educational and marriage expenses — Petitioner sought rejection of suit under Order 7 Rule 11 CPC on grounds of cause of action and son being major male child — Trial court dismissed application — High Court held that son's claim cannot be outrightly rejected at initial stage, particularly when father ha India Law Library Docid # 2432586
(85) PRIYA SINGH AND ANOTHER Vs. HEM LATA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Court Fees — Plaintiffs filed suit for declaration and injunction, claiming sale deed was obtained by fraud after taking a loan and executing a mortgage deed — Trial court allowed defendants' application for rejection of plaint for non-payment of ad valorem court fees as per sale consideration — Held, since plaintiffs were executants of the sale India Law Library Docid # 2432587
(86) M/S. SHEIKHUPURA TRANSPORT COMPANY PRIVATE LIMITED THROUGH ITS DIRECTOR AND ANOTHER Vs. JAGJIT SINGH OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 East Punjab Urban Registration Act, 1949 — Section 15(5) — Revision Petition — Powers of High Court — High Court can entertain revision petitions against orders passed by Appellate Authority under the said Act. (Para 1) India Law Library Docid # 2432585
(87) RAJ KUMAR AND OTHERS Vs. ROOP RAM AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Punjab Redemption of Mortgages Act, 1913 — Section 4 — Punjab Security of Land Tenure Act, 1953, Section 17(B) — Tenancy rights and Mortgage with possession — Revival of tenancy after redemption — Surrender of tenancy — Suit for declaration and possession — Plaintiffs purchased land mortgaged with defendant who was also a tenant. Collector allowed redemption but held defendant was a tenant, India Law Library Docid # 2432680
(88) KARAMJIT KAUR Vs. JAGTAR SINGH ALIAS BHOLA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 03-09-2025 Penal Code, 1860 (IPC) — Sections 406, 498-A, 120-B — Dowry Demand, Cruelty, Criminal Conspiracy — Revision Petition challenging acquittal — High Court's power to interfere with an acquittal in revision is very limited and exceptional — Acquittal upheld as the lower courts' judgments were reasoned, based on facts and law, and did not overlook material evidence or act with jurisdictional error. India Law Library Docid # 2432689
(89) UNION OF INDIA AND OTHERS Vs. MAHANTI DEVI AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 03-09-2025 Freedom Fighter Pension Scheme - Swatantrata Sainik Pension Scheme, 1980 - Claim for pension by widow of deceased freedom fighter - Rejection of claim by Union of India - Liberal approach required for assessing claims - Hypertechnical approach is to be avoided - Evidence must be viewed with presumption in favour of claimant unless rebutted by cogent evidence - Scheme aims to honour and mitigate sufferings of freedom India Law Library Docid # 2432700
(90) STATE OF H.P. Vs. RAJIKA GUPTA[HIMACHAL PRADESH HIGH COURT] 03-09-2025 Penal Code, 1860 (IPC) — Sections 279, 337, 304A — Motor Accident Causing Death by Negligence — Driving under Influence of Liquor or Negligently — Probation of Offenders Act, 1958 — Section 3, 4 — Benefit of Probation — Supreme Court has consistently held that the benefit of probation should not be extended to persons convicted for causing death due to rash and negligent driving. This is due to the alarming India Law Library Docid # 2432701
(91) M/S.SREE ARAVIND STEELS LIMITED AND OTHER Vs. THE ASSISTANT COMMISSIONER, GST AND CENTRAL EXCISE I DIVISION[MADRAS HIGH COURT (MADURAI BENCH)] 02-09-2025 Criminal Procedure Code, 1973 (CrPC) — Section 173(5) — Applicability — Not applicable to private complaints filed under Special Acts like Central Excise Act, 1944 — Supreme Court held that Section 173(4) and by extension 173(5) are confined to police reports. India Law Library Docid # 2432213
(92) 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
(93) 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
(94) 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
(95) 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
(96) 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
(97) 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
(98) 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
(99) 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
(100) 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