(201) SHWETA ADITYA MALHOTRA Vs. COLLECTOR OF STAMPS, ANDHERI DIVISION[BOMBAY HIGH COURT] 28-01-2026 Constitution of India, 1950 — Articles 226 and 227 — Writ Petition — Maintainability — Alternative Remedy — Availability of statutory remedy of appeal does not operate as an absolute bar to the maintainability of a writ petition. The rule requiring a party to pursue an alternative remedy is a rule of policy, convenience and discretion, not a rule of law. The High Court can entertain a writ petition even if an India Law Library Docid # 2438956
(202) MR. VIJAYKANT MOTILAL KOTHARI Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 28-01-2026 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Cheque issued towards hand loan taken by a third party — Complainant unable to prove that the accused took over the liability of the third party or had any financial relation with the accused prior to the cheque issuance — No documentary evidence of liability assumption India Law Library Docid # 2438957
(203) SHIVAJI GOPAL KURHADE Vs. RAMCHANDRA GOPAL KURHADE AND OTHERS[BOMBAY HIGH COURT] 28-01-2026 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 23A — Remand — Appellate Court's power to remand the entire suit — Remand is an exceptional power and should not be exercised mechanically or without proper justification — Wholesale remand is only warranted when the trial court's judgment is wholly unsustainable or the suit lacked India Law Library Docid # 2438958
(204) NINGBO AUX IMP & EXP CO. LTD. Vs. AMSTRAD CONSUMER INDIA PVT. LTD. (FORMERLY KNOWN AS OVOT PVT. LTD.) AND OTHERS[BOMBAY HIGH COURT] 28-01-2026 Arbitration and Conciliation Act, 1996 — Section 9 — Interim measures — Post-award — Application against third party — Award being a money decree, inability to enforce against a third party (Vijay Sales) due to its deletion from enforcement proceedings means Section 9 cannot be used to fasten the same liability indirectly — Section 9 remedy is in aid of substantive proceedings, not a standalone remedy. (Para India Law Library Docid # 2438974
(205) AMBERNATH SAHAKARI SAMUDAYIK SHETKI SOCIETY LIMITED Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 28-01-2026 Land Grant Conditions — Violation — Resumption — A farming society was granted a large tract of state land for agricultural purposes with specific conditions, including bringing the land under cultivation within a year. The society failed to comply with these conditions, cultivating only a small portion and illegally constructing structures on the rest. The court upheld the government's decision to resume the land, finding a gross violation of the grant terms India Law Library Docid # 2438971
(206) AMIT VIJAY BHATEWARA Vs. AVINASH VINAYAK PATWARDHAN AND ANOTHER[BOMBAY HIGH COURT] 28-01-2026 Specific Relief Act, 1963 — Section 10 — Suits for Specific Performance — Readiness and Willingness — Agreement to sell flat — Plaintiff paid substantial part of consideration and received Society's consent for transfer as a condition precedent — Society refused consent, and plaintiff insisted on it despite knowing it wasn't a legal requirement for sale — Plaintiff's insistence on an impossible or unnecessary condition, India Law Library Docid # 2438972
(207) ASHOK GUPTA Vs. ROHINI GUPTA AND ANOTHER[BOMBAY HIGH COURT] 28-01-2026 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Liberal approach — Amendments that help determine the real question in controversy and do not cause injustice or prejudice to the other side should generally be allowed — Amendments sought before trial is a factor for a liberal approach — Delay in applying India Law Library Docid # 2438973
(208) A. K. JAIN Vs. THE CHIEF GENERAL MANAGER & APPELLATE AUTHORITY STATE BANK OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 28-01-2026 Constitution of India, 1950 — Article 226 — Writ Petition — Dismissal order and confirmation order — Quashed — Petitioner sought quashing of dismissal order and confirmation order from statutory authorities — Authorities dismissed petitioner on grounds of alleged irregularities in sanctioning loans — Petitioner argued that dismissal was irrational, harsh, discriminatory, and disproportionate to penalties India Law Library Docid # 2439056
(209) MEENAKSHI KHARE AND ANOTHER Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 28-01-2026 Prevention of Corruption Act, 1988 — Section 19(1)(b) and (c) — Grant of Sanction — Arbitrary and Unreasonable — Court's power to interfere — Sanction order granting permission to prosecute a public servant must be based on due application of mind and consideration of all material facts, particularly the India Law Library Docid # 2439122
(210) UCO BANK Vs. M/S ASHA OIL INDUSTRIES AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 28-01-2026 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) — Section 13(4)(a) and Section 14 — Taking Possession of Secured Assets — Mandatory recourse to Section 14 not required for banks — Bank can take physical possession under Section 13(4) itself without India Law Library Docid # 2439123
(211) MOHD. SHAMIM AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 28-01-2026 Constitution of India, 1950 — Article 226, 213, 14, 16, 309 — Appointment of Class III employees in District Court establishments — Prior to 2016, no statutory rules governed appointments — High Court circulars and District Judge's discretion were the basis for appointments — Appointments made in this manner were not India Law Library Docid # 2439124
(212) M.P. BRICKS COMPANY Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 28-01-2026 Mines and Minerals (Development and Regulation) Act, 1957, Section 9A — Madhya Pradesh Minor Mineral Rules, 1996, Rule 30 — Dead Rent — Liability of lessee — A lessee is liable to pay dead rent from the date of execution of the lease until the lease lapses, regardless of whether the lease is operational or not. Dead rent is a fixed minimum annual payment, payable regardless of mineral extraction, and is India Law Library Docid # 2439125
(213) THE STATE OF MADHYA PRADESH Vs. RAM DAS AND OTHERS[MADHYA PRADESH HIGH COURT] 28-01-2026 Penal Code, 1860 (IPC) — Section 306 read with Section 34 — Abetment of suicide — Essential ingredients — Prosecution must prove instigation, conspiracy, or intentional aid leading to suicide — Vague and general allegations of harassment are insufficient. India Law Library Docid # 2439126
(214) SMT. KANAGALA MUTYAVATHI Vs. KANAGALA ANANTHA RAMULU[TELANGANA HIGH COURT] 28-01-2026 Civil Procedure Code, 1908 (CPC) — Order 26 Rule 9 — Appointment of Advocate-Commissioner for local investigation — Dismissal of application — Held justified when the suit schedule property is clearly described with definite boundaries, and its existence or location is not disputed. Application filed at the stage of defendants’ evidence, not to resolve genuine ambiguity, but to disprove plaintiffs' case and fill lacunae in defence. Burden of proof lies on plaintiffs, and defendants India Law Library Docid # 2439206
(215) AKTAR AND ANOTHER Vs. MOHD. SALEEM AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-01-2026 Motor Vehicles Act, 1988 — Section 166 — Motor accident claims — Quantum of compensation — Appeal for enhancement — Issue confined to quantum of compensation awarded by Motor Accident Claims Tribunal — Appellants contended award was on lower side, respondent Insurance Company argued it was rightly passed — Held, appeal allowed with modified award for enhanced compensation. India Law Library Docid # 2439234
(216) SURINDER SINGH Vs. KAUSHALIYA DEVI AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-01-2026 East Punjab Urban Rent Restriction Act, 1949 — Section 13(3)(a)(i) — Ejectment application — Bonafide personal necessity — Pleading requirements — Landlord's failure to explicitly plead that they are not occupying any other building in the urban area concerned — Effect of — Held, such omission can be rectified if a relevant objection is taken at the initial stage — Tenant's failure to raise a specific objection in the reply or India Law Library Docid # 2439316
(217) HAZARA SINGH AND ANOTHER Vs. JIWAN RAM (DECEASED) THROUGH HIS LRS[PUNJAB AND HARYANA HIGH COURT] 28-01-2026 Civil Procedure Code, 1908 (CPC) — Order 23 Rule 1(4) — Withdrawal of suit — Bar on fresh suit — Plaintiff withdrew earlier suit for injunction unconditionally without permission to file a fresh suit — Subsequent suit by plaintiff was for possession and arose from a distinct cause of action (forcible dispossession during pendency of earlier suit) — Held, the bar under Order 23 Rule 1(4) was not attracted as the cause of action was India Law Library Docid # 2439317
(218) DHARAMJIT KAUR Vs. SMT. GURDEV KAUR AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 28-01-2026 Succession Act, 1925 — Section 63 — Execution of Wills — Requirements for valid execution — Testator signing in presence of witnesses and witnesses signing in presence of testator — Document need not be scribed in presence of attesting witnesses. India Law Library Docid # 2439318
(219) STATE OF HARYANA AND ANOTHER Vs. HARI KISHAN AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-01-2026 Land Acquisition Act, 1894 — Section 18 — Enhancement of compensation — Acquired land situated in National Capital Region and having potential for residential and industrial use. India Law Library Docid # 2439328
(220) MUNICIPAL CORPORATION, PANIPAT THROUGH ITS COMMISSIONER Vs. BALWAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 28-01-2026 Limitation Act, 1963 — Section 5 — Condonation of delay — Appeal filed with a delay of 30 days — Grounds explained satisfactorily — Delay condoned in the interest of justice. India Law Library Docid # 2439376