(961) 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
(962) 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
(963) 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
(964) 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
(965) 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
(966) 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
(967) 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
(968) 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
(969) 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
(970) 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
(971) 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
(972) 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
(973) 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
(974) 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
(975) 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
(976) 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
(977) H. LOKESH Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 02-09-2025 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of proceedings — Abuse of process — Registration of crimes without preliminary inquiry is an abuse of process. India Law Library Docid # 2433032
(978) THE STATE OF TAMIL NADU AND OTHERS Vs. THE SECRETARY, MUTHIAYAR HIGHER SECONDARY SCHOOL[MADRAS HIGH COURT] 02-09-2025 Constitution of India, Article 30(1) — Right of minorities to establish and administer educational institutions — 'Establishment' primarily relates to the genesis and original setting up of the institution — Taking over management or purchasing assets of an existing secular institution does not equate to "establishing" it as a minority institution — The subsequent administration must also align with the original character and purpose if the original establishment was secular. India Law Library Docid # 2433053
(979) B.C.MUNIRATHINAM NAIDU (DIED) AND OTHERS Vs. THE OFFICIAL ASSIGNEE OF MADRAS HIGH COURT AND OTHERS[MADRAS HIGH COURT] 02-09-2025 Presidency Towns Insolvency Act, 1909 — Section 9(e) — Act of Insolvency — Adjudication — Settlement of claims — Legal representatives' role — The judgment details a complex, decades-long insolvency case involving a debtor, encroachers on his land, and the Official Assignee. The core of the matter revolves around the adjudication of the debtor as insolvent, subsequent appeals, Supreme Court India Law Library Docid # 2433109
(980) BAHARUL ISLAM Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 02-09-2025 Constitution of India, 1950 — Article 226 — Reliefs sought — Arrear Pension — Petitioner sought direction to release arrear pension from 01.02.2018 to 30.06.2021 — Director of Pension granted pension from 01.07.2021 by modifying earlier order — Previous writ petition had directed fixation of retirement benefits based on actual superannuation date and processing of pension, but did not specify start date for arrear pension India Law Library Docid # 2433126