(461) RASIKBHAI MARGHABHAI PATEL AND OTHERS Vs. COLLECTOR, AHMEDABAD AND OTHERS[GUJARAT HIGH COURT] 05-03-2026 Gujarat Land Revenue Code, 1960 — Section 65 — Application for Non-Agricultural (NA) use permission — Rejection of application on the ground of pending civil suits — Held, the Collector's power under Section 65 is limited to ascertaining if the applicant is an "occupant" of the land based on revenue records and if the land is assessed for agriculture — The Collector cannot delve into complex title India Law Library Docid # 2440916
(462) RAJESHKUMAR NAVNITLAL MEHTA Vs. BHIKHIBEN D/O PUNJAJI GULABJI THAKORE AND W/O MANGAJI CHHAGANJI THAKORE AND OTHERS[GUJARAT HIGH COURT] 05-03-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(A) and (D) — Rejection of plaint — Application for rejection of plaint on grounds of limitation and lack of cause of action — Court must consider averments in plaint as a whole, not defence — Limitation is a mixed question of law and facts unless patently clear — Rejection of plaint at threshold is a drastic power, to be exercised only when suit is undoubtedly India Law Library Docid # 2440917
(463) ANOOP UPPAL AND OTHERS Vs. JAMMU MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 05-03-2026 Administrative Law - Abuse of Power - Misuse of Building Safety Regulations. The Municipal Commissioner cannot use the process of declaring a building unsafe as a tool to evict tenants when a court-appointed expert committee has already declared the shops structurally safe. Such action is a colorable exercise of power and an abuse of process, especially when it jeopardizes citizens' livelihood. India Law Library Docid # 2441021
(464) SHOKAT ALI Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 05-03-2026 Jammu & Kashmir Public Safety Act, 1978 — Section 8 — Preventive Detention — Grounds for — Petitioner detained for bovine smuggling and organized crime — Past FIRs and bail orders do not bar preventive detention as it is a precautionary measure to prevent future acts, not punish past ones — The subjective satisfaction of the detaining authority regarding the necessity of detention to maintain public order is paramount and India Law Library Docid # 2441022
(465) MOHD. ASHRAF DAR AND OTHERS Vs. STATE (NOW UT) OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 05-03-2026 Jammu & Kashmir Forest Act, Samvat 1987 — Jammu & Kashmir Willow (Prohibition on Export and Movement) Act, 2000 — Confiscation of property — Non-government property — Confiscation proceedings cannot be finalized or confiscation order passed until conviction of offenders is recorded by the Magistrate — Seized vehicles cannot be confiscated without a prior criminal conviction. [Paras 21, 26(ii), 27 India Law Library Docid # 2441023
(466) GHULAM AHMAD GANIE Vs. UNION TERRITORY OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 05-03-2026 Service Law — Disciplinary proceedings — Violation of natural justice — Preliminary enquiry findings cannot be used as evidence in regular enquiry without opportunity for cross-examination — Dismissal of petitioner from service quashed for violation of principles of natural justice and perversity in findings due to reliance on India Law Library Docid # 2441079
(467) SHIVAJI MADHAV JADHAV AND OTHERS Vs. NASHIK DISTRICT CENTRAL COOPERATIVE BANK LTD.[BOMBAY HIGH COURT] 05-03-2026 Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 — Schedule IV, Item 6 — Unfair labour practice — Keeping employees temporary for years to deny permanency — Industrial Court failed to appreciate that lack of sanctioned staffing pattern does not prevent regularisation when work is perennial, India Law Library Docid # 2441118
(468) ASHOK NARAYAN PIPRAIYA AND OTHERS Vs. LILABAI NARAYAN PIPRAIYA AND OTHERS[BOMBAY HIGH COURT] 05-03-2026 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 2(b) and Section 4 — Eviction of children/relatives by senior citizen — Application for eviction of children/relatives simplicitor, without a prayer for monetary maintenance, is maintainable under the Act, especially when the senior citizen has been dispossessed of her property or requires the property to generate income for a normal life. India Law Library Docid # 2441119
(469) KHANDU BAJABA GAWANDE (SINCE DECEASED THROUGH LEGAL HEIRS) Vs. DEORAM BAJABA GAWANDE (SINCE DECEASED THROUGH LEGAL HEIRS) AND OTHERS[BOMBAY HIGH COURT] 05-03-2026 Specific Relief Act, 1963 — Section 6 — Suit for restoration of possession — Scope of enquiry in such suits is summary and limited to proving plaintiff's possession on the date of dispossession, dispossession within six months prior to filing of suit, and dispossession without consent or due process of law — Trial Court erred in decreeing the suit without conducting factual enquiry into possession on the crucial date and by India Law Library Docid # 2441120
(470) BHOLENATH MEVALAL NISHAD Vs. SHYAMDULARI MEVALAL NISHAD AND OTHERS[BOMBAY HIGH COURT] 05-03-2026 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 2(b) and Section 4(3) — Eviction of son from senior citizen's property — Senior citizen's right to residence is part of maintenance obligation — Forced dispossession of a senior citizen from her own home constitutes a breach of the child's duty to maintain and allows for eviction proceedings. India Law Library Docid # 2441121
(471) SHAMSHUDDIN ALI MULLAJI Vs. ASSISTANT COMMISSIONER OF EMPLOYEES PROVIDENT FUND COMMISSIONER (PENSION) AND OTHERS[BOMBAY HIGH COURT] 05-03-2026 Employees' Pension Scheme, 1995 — Dual Pension — Misrepresentation and Fraud — Petitioner received pension from first employment while still employed in second employment, by not disclosing his continuing employment in Form 10-D — This constituted misrepresentation and defrauding the State Exchequer — Court noted cases where recovery of excess pension was not ordered due to old age and minimal amounts, India Law Library Docid # 2441122
(472) RASHMI CHS LIMITED Vs. ROMILA DILIP BAJAJ AND OTHERS[BOMBAY HIGH COURT] 05-03-2026 Maharastra Co-operative Societies Act, 1960 — Section 23 — Refusal of membership — Society must record and communicate clear and sufficient reasons for refusal — Applicant has a right to appeal to the Registrar against refusal — Registrar's decision is final — Society cannot introduce new grounds for rejection during appeal. India Law Library Docid # 2441123
(473) DR. SMT. LALITA GUPTA Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 05-03-2026 Constitution of India, 1950 — Article 226 — Quashing of recovery order — Petitioner seeking to quash an order demanding recovery of excess amount paid — Excess amount paid between 2008 and 2015, petitioner retired in 2016; recovery order passed in 2024, 8 years after retirement — Held, recovery order passed after such a long lapse of time is bad in law and also ignores procedures laid down in relevant pensionary rules and India Law Library Docid # 2441170
(474) JEESHAN KHAN Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 05-03-2026 Bail Orders — Modification — Delay in release from custody due to typographical error in bail order and objection by Criminal Reader — Court's prima facie view that Criminal Reader's procedure was invalid and Special Judge should have passed a legal order — Holding that the order was sufficient to identify the accused and the case, and India Law Library Docid # 2441171
(475) GHULAM MOHAMMAD RAH AND OTHERS Vs. UT OF J&K & OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 04-03-2026 Land Acquisition Act, Samvat 1990 (1934 AD) — Sections 18 and 32 — Reference to Court and Payment of compensation — Requirement for invoking Section 18 is that the interested person must have notice of the award and must have received compensation "under protest" — To dispute the right of reference, it must be established that the notice of award was issued, the claimant had knowledge, and India Law Library Docid # 2441080
(476) MEHRAJ-UD-DIN PEER AND OTHERS Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 04-03-2026 Land Allotment and Rent Fixation — Government orders and terms of allotment — Shopkeepers dislocated due to road widening were allotted land on rent basis subject to terms and conditions — Appellants undertook to pay rent as per prevailing market rate assessed by Rent Assessment Committee — Appellants estopped from challenging rent fixation due to undertakings and acceptance of allotment. India Law Library Docid # 2441081
(477) MR. JIJABHAU DYANESHWAR TEMGIRE Vs. MR. GANGARAM KHANDU TEMGIRE AND OTHERS[BOMBAY HIGH COURT] 04-03-2026 Civil Procedure Code, 1908 (CPC) — Orders 7, 8, and 13 — Documents for cross-examination — Exceptions for production of documents exist for cross-examination of a witness or to refresh memory, even if not produced with plaint, written statement, or at settlement of issues, provided such documents are relevant for cross-examination under India Law Library Docid # 2441124
(478) M/S.SHUBHAM FLOUR MILL Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (NAGPUR BENCH)] 04-03-2026 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 14 — Criminal Procedure Code, 1973 (CrPC) — Section 12 — Bakri Niyantran Sanhita 2023 (BNSS) — Section 10 — Appointment of Additional Chief Judicial Magistrate (ACJM) — Powers of ACJM — Incompetence of ACJM — The argument that an ACJM lacks the authority to handle an application under Section 14 of the SARFAESI Act because the High Court's India Law Library Docid # 2441160
(479) DINESH SAHU Vs. SMT. PADMA SAHU[CHHATTISGARH HIGH COURT] 03-03-2026 Family Courts Act, 1984 — Section 19(1) and Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 — Admissibility of additional evidence in appeals — The High Court, while hearing an appeal under Section 19(1) of the Family Courts Act, 1984, possesses incidental and ancillary powers to make its appellate jurisdiction effective, including the power to admit additional evidence, even in the absence of an express provision in the Family Courts Act applying Order 41 of the CPC. Such power is derived f India Law Library Docid # 2440588
(480) SMT. GUDIYA NAGESH AND OTHERS Vs. NILL[CHHATTISGARH HIGH COURT] 03-03-2026 Hindu Marriage Act, 1955 — Section 2(2) and Section 13B — Scheduled Tribes — Applicability of Act to members of Scheduled Tribes — Parties married according to Hindu rites, including saptapadi — Husband member of Scheduled Tribe, wife non-tribal — Family Court rejected mutual consent divorce application holding Act inapplicable to Scheduled Tribe members — Held, Section 2(2) is a measure of protection, not exclusion India Law Library Docid # 2440589