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(541) ALAGU Vs. THE STATE OF TAMIL NADU AND OTHERS[SUPREME COURT OF INDIA] 13-01-2026 Preventive Detention — Conditions for Detaining a Person Already in Custody — Awareness of Custody, Likelihood of Release, and Likelihood of Future Prejudicial Activities — For preventive detention of a person already in jail, the detaining authority must be aware of the custody, have grounds to believe there's a real possibility of release on bail or otherwise, and be satisfied that on release, the person India Law Library Docid # 2438674
(542) JAGDISH CHAND SHARMA Vs. STATE OF HIMACHAL PRADESH[SUPREME COURT OF INDIA] 13-01-2026 Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Factors considered — Delay in lodging FIR — Nature of injuries — Duration of incarceration — Supreme Court granted bail to appellant despite opposition from State, considering delay in FIR, minimal use of weapons, and over eight months of custody. India Law Library Docid # 2438675
(543) VIKASH KUCHBANDIYA Vs. THE STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 13-01-2026 Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of sentence and release on bail — Appeal pending for eight years — Appellant has suffered substantial period in custody (11 years 5 months 24 days) — Co-accused granted bail — High prospect of early hearing of appeal is remote — Supreme Court inclined to India Law Library Docid # 2438686
(544) VIKAS KOL Vs. STATE OF MADHYA PRADESH[SUPREME COURT OF INDIA] 13-01-2026 Criminal Procedure Code, 1973 (CrPC) — Section 439 — Bail — Prima facie case — Court should not delve into merits of rival contentions at bail stage as it may prejudice trial — Factors like inducement or provocation to commit suicide or India Law Library Docid # 2438704
(545) M/S. SUKRITI PEBBLES Vs. THE STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 13-01-2026 West Bengal Minor Mineral Rules, 2002 — West Bengal Minor Minerals Concession Rules, 2016 — Mining Lease — Renewal — Saving Clause — Rule 62(2) of 2016 Rules saves actions taken under 2002 Rules, including grant orders, despite repeal of 2002 Rules. Lease executed in 2019 pursuant to a 2013 grant order under 2002 Rules is saved. India Law Library Docid # 2438778
(546) GOPAL CHANDRA PATRA Vs. THE STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 13-01-2026 Pension — Right to Pension — Pension is a constitutionally protected right and considered a property within the meaning of Article 300A of the Constitution. India Law Library Docid # 2438779
(547) AR LANDCRAFT LLP LTD. Vs. U.P. REAL ESTATE APPELLATE TRIBUNAL AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-01-2026 Real Estate (Regulation and Development) Act, 2016 — Sections 43, 55 — Constitution of Appellate Tribunal — Bench hearing and deciding matter — A judgment delivered by a Bench where one member had not heard the submissions is void (coram non judice) and a nullity in law, violating principles of natural justice and fundamental India Law Library Docid # 2438855
(548) BHAGWAT KUSHWAHA Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 13-01-2026 Penal Code, 1860 (IPC) — Section 363, 366, 376 — Kidnapping, Abduction, Rape — Age of victim — Trial court held victim to be major — This finding was not challenged by the appellant — In the absence of documentary evidence regarding victim's age, trial court's finding that victim was major is not interfered with. India Law Library Docid # 2438856
(549) SANJAY WAHI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 13-01-2026 Criminal Procedure Code, 1973/Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 BNSS (Section 482 Cr.P.C.) and Article 226 of the Constitution of India, 1950 — Jurisdiction of High Court to quash cognizance order — A writ petition invoking both Article 226 of the Constitution and Section 528 BNSS (formerly Section 482 Cr.P.C.) allows the High Court to quash an FIR, charge-sheet, and cognizance order even after India Law Library Docid # 2438857
(550) SMT. KASHMIRI AND OTHERS Vs. U.P.S.R.T.C. THRU REGIONAL MANAGER AND ANOTHER[ALLAHABAD HIGH COURT] 13-01-2026 Motor Vehicles Act, 1988 — Appeal for enhancement of compensation — Claimants argued that tribunal’s assessment of notional income/wages was inadequate, failed to award compensation for future prospects, applied an incorrect multiplier, and made an insufficient deduction for personal expenses. India Law Library Docid # 2438858
(551) OM PRAKASH GUPTA Vs. RADHEY SHYAM GUPTA[ALLAHABAD HIGH COURT] 13-01-2026 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Order 7 Rule 11 CPC — Rejection of Plaint — Prohibition of Benami Property Transactions Act, 1988 — Scope of Order 7 Rule 11 CPC — Court must confine itself to plaint averments and documents filed by plaintiff — Defence of defendant and his documents cannot be considered — If triable issues arise, plaint cannot be rejected summarily. India Law Library Docid # 2438859
(552) NARESH CHAUDHARY Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 13-01-2026 Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial Evidence — Conviction requires circumstances to be fully proved, conclusive, form a complete chain, be consistent only with guilt, and exclude all other hypotheses. India Law Library Docid # 2438860
(553) KULDEEP VERMA Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 13-01-2026 Bhartiya Nyaya Sanhita, 2023 — Section 69 — Sexual intercourse by employing deceitful means — Prima facie case — Allegations of sexual intercourse on false promise of marriage are sufficient to proceed with trial if victim alleges she was unaware of accused's marital status and promise of marriage was false from inception. India Law Library Docid # 2438861
(554) PREM SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 13-01-2026 U.P. Land Revenue Act, 1901 — Section 28 — Restoration application — Delay — Condonation — Delay of over 11 years in filing restoration application to recall an order passed on merits cannot be condoned merely by stating a date of knowledge, especially when the land in question is a public road and the applicant has a history of conflict with India Law Library Docid # 2438862
(555) SEWAK RAM Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 13-01-2026 Penal Code, 1860 (IPC) — Sections 302, 304 Part II, 148, 307, 323 read with Section 149 — Appeal against conviction and sentence — High court modified conviction from Section 302 to Section 304 Part II due to inability to ascertain if appellant’s firearm injury was the cause of death — This finding of the High Court remained unchallenged by the State — Supreme Court considered the India Law Library Docid # 2438888
(556) AMIT SINGLA Vs. UNION TERRITORY CHANDIGARH[SUPREME COURT OF INDIA] 13-01-2026 Penal Code, 1860 (IPC) — Section 456 — House-trespass with intent to commit offence or to intimidate, insult or annoy — Conviction upheld — Appeal focused on reduction of sentence. India Law Library Docid # 2438890
(557) KUMUD LALL Vs. SURESH CHANDRA ROY (DEAD) THR LRS AND OTHERS[SUPREME COURT OF INDIA] 13-01-2026 Consumer Protection Act, 1986 — Complaint for medical negligence — Death of doctor and complainant during pendency of proceedings — Liability of doctor's estate for compensation through legal heirs — Court appoints Amicus Curiae to assist in addressing the fate of the complaint in light of the new Act provisions. India Law Library Docid # 2438897
(558) NIRMALA BAI AND OTHERS Vs. MANSINGH AND OTHERS[SUPREME COURT OF INDIA] 13-01-2026 Motor Vehicles Act, 1988 — Section 166 — Compensation for motor accident — Assessment of income — Court can enhance the income of the deceased from ₹5,000/- per month to ₹8,000/- per month considering the nature of occupation (cultivation, animal husbandry, milk vending) and contribution to family. India Law Library Docid # 2438881
(559) KRISHNA KUMAR RAJAK AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 13-01-2026 Penal Code, 1860 (IPC) — Section 302 read with Section 34 and Section 201 — Murder and Causing disappearance of evidence of offence — Circumstantial evidence — Extra-judicial confession is a weak piece of evidence and requires careful scrutiny — Confession made after a significant delay and without a clear occasion for disclosure diminishes its credibility — Possession of stolen property, including a mobile phone, India Law Library Docid # 2439053
(560) ANIL KUMAR KUSHWAH Vs. ANIL KUMAR GUPTA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 13-01-2026 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal from original decree — Maintainability — Appeal lies from a decree, not just findings — If a decree is in favour of the appellant, they can file cross-objections or a civil revision if no appeal is filed by the other party — An appeal against findings alone, without a decree against the appellant, is not maintainable. India Law Library Docid # 2439054