(181) HIRA NATH Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Service Law — Daily Wagers — Grant of Work-Charge Status — Entitlement across Government Departments — Absence of Work-Charge Cadre — Petitioner completed 10 years of continuous daily-wage service with 240 days annually as on 31.12.2000 — State denied work-charge status citing absence of a work-charge cadre in the Agriculture Department — Held, conferment of work-charge status under the Scheme approved in Mool Raj Upadhyaya recognizes prolonged daily-wage service by granting time-scale pay — It India Law Library Docid # 2458066
(182) MOHAN DUTT Vs. STATE OF H.P. AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Rules 11 and 14 — Departmental proceedings — Misconduct and penalty — Delinquent driver unauthorizedly took departmental vehicle for personal journey and drove carelessly, resulting in an accident and pecuniary loss to the Government — Disciplinary Authority initially ordered reduction in rank to Peon and recovery of loss — Appellate Authority modified penalty to stoppage of two increments for two years without cumulative India Law Library Docid # 2458067
(183) THE SECRETARY I&PH TO THE GOVERNMENT OF H.P. SHIMLA Vs. SH. VIJAY CHAUHAN AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Workmen's Compensation Act, 1923 — Sections 2(1)(n), 2(2) and Schedule II, Clause (x) — Definition of "Workman" — Government servant — Deceased was a regular Fitter in the I&PH Department who suffered a fatal fall while repairing a water pipe — Department contended that regular government employees receiving pensionary, gratuity, and retiral benefits are excluded from the Act — Held, performing government functions is deemed trade or business under Section 2(2) and repairing pipelines falls squa India Law Library Docid # 2458068
(184) CHILD IN CONFLICT WITH LAW AND ANOTHER Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — Bail to child in conflict with law — Principles governing grant or refusal of bail — Under Section 12(1), grant of bail to a juvenile is the rule, notwithstanding anything contained in the Code of Criminal Procedure or any other law, while refusal is an exception — Bail can be declined only if reasonable grounds exist to believe that release is likely to bring the juvenile into association with any known criminal, expose India Law Library Docid # 2458069
(185) BISHAMBER AND OTHERS Vs. GENERAL MANAGER, RANJIT SAGAR (THEIN DAM) PROJECT & OTHERS[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Income Tax Act, 1961 — Land Acquisition Act, 1894 — Deduction of tax at source on enhanced compensation — Agricultural land exemption — Procedure for claiming refund — Where Land Acquisition Collector has deducted tax at source on compensation and deposited it with the Income Tax Department, the Collector cannot be directed to determine whether acquired land was agricultural — Appropriate course is for landowners to approach the concerned Assessing Officer by filing appropriate returns claiming India Law Library Docid # 2458070
(186) ROHIT Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Bharatiya Nyaya Sanhita, 2023 — Sections 64 and 115(2) — Protection of Children from Sexual Offences Act, 2012 — Section 6 — Regular bail — Parameters for grant — Court must exercise discretionary jurisdiction judiciously by considering the nature of accusations, severity of punishment, reasonable possibility of securing accused's presence, and apprehension of witness tampering — Elaborate examination of evidence on merits is impermissible, but prima facie reasons must be recorded — Apprehension India Law Library Docid # 2458071
(187) RAVI KUMAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Criminal Procedure Code, 1973 (CrPC) — Suspension of sentence — Penal Code, 1860, Section 452 — Protection of Children from Sexual Offences Act, 2012, Section 4 — Conviction for house trespass and aggravated penetrative sexual assault — Victim turned hostile, denying the incident and lodging of complaint — Victim and her parents admitted in cross-examination that victim was above 18 years on incident date, despite age certificate — Trial Court noted consensual sexual intercourse within a romanti India Law Library Docid # 2458072
(188) PURAN CHAND AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 64 — Reference to Authority — Locus standi of person interested — Petitioners sought reference to Civil Court regarding apportionment of compensation, disputing the title of respondent No. 5 — Held, Section 64 enables a person interested who has not accepted the award to seek reference — Where no award was passed in favour of the petitioners and they were neither recorded as owner India Law Library Docid # 2458076
(189) HANS RAJ Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 397 (now Section 438 of BNSS, 2023) — Revisional Jurisdiction — Scope and limits — Revisional court does not act as an appellate court and cannot re-appreciate or re-examine oral or documentary evidence to substitute its own findings — Jurisdiction is supervisory and aimed at preventing a gross miscarriage of justice — Interference with concurrent findings of conviction recorded by courts below is impermissible unless the order is perverse, glaringl India Law Library Docid # 2458077
(190) STATE OF H.P. Vs. RAJINDER THAPA[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378(3) — Penal Code, 1860 (IPC) — Sections 279 and 304A — Leave to appeal against acquittal — Scope of interference — State sought leave to appeal against acquittal of accused for rash driving and causing death by negligence — Accused admitted driving the bus in his Section 313 CrPC statement, and the victim being crushed under the bus was undisputed — Trial Court acquitted accused citing minor contradictions between oral testimony and the charge sh India Law Library Docid # 2458081
(191) PREM SINGH AND OTHERS Vs. PREM PARKASH JANARTHA[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Sale of Goods Act, 1930 — Sections 33 and 45 — Unpaid seller — Delivery of goods — Plaintiff agreed to sell apple boxes to Defendant No. 2 and delivered them to Defendant No. 1 as instructed, but never received the agreed sale price — Defendants contended delivery was improper as the goods receipt remained in the plaintiff's name — Held, under Section 33, delivery is complete when goods are placed in possession of the buyer or an authorized person — Because Defendant No. 1 took possession and pl India Law Library Docid # 2458084
(192) SHIVANANDA K. Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 30-10-2026 Constitution of India, 1950 — Article 226 — Writ of Mandamus — Education — Withholding of diploma certificate — Petitioner successfully completed two-year Diploma in Pharmacy, but certificate was withheld due to University's failure to transmit his admission data to the State Private Educational Institutions Regulatory Commission — University admitted that the student was not at fault and certificate was otherwise due — Held, once admission and successful completion of the course are undisputed, India Law Library Docid # 2458093
(193) VIKASH SINGH Vs. UNION TERRITORY OF JAMMU AND KASHMIR TH. ITS COMMISSIONER SECRETARY HOME, CIVIL SECRETARIAT, SRINAGAR.[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 30-10-2026 Jammu and Kashmir Public Safety Act — Section 13 — Preventive detention — Expeditious consideration of representation — Statutory obligation to communicate grounds of detention within ten days aims to enable the detenue to make an effective representation at the earliest opportunity — Corresponding duty is cast upon the Detaining Authority and the Government to decide the representation with utmost dispatch and immediacy — Failure to consider the representation within a reasonable time violates India Law Library Docid # 2458119
(194) MOHAMMAD KHURSHID ALAM AND OTHERS Vs. SARITA BHATEJA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 30-10-2026 Constitution of India, 1950 — Article 227 — Supervisory jurisdiction of High Court — Scope — High Court does not sit as a court of appeal or revision to re-appreciate evidence or correct mere errors of law or fact. Power of superintendence is discretionary, exceptional, and restricted to keeping subordinate courts within the bounds of their authority. Interference is justified only in cases of patent perversity, serious dereliction of duty, or flagrant violation of fundamental principles resulti India Law Library Docid # 2458120
(195) M/S MIR SONS CONSTRUCTIONS PVT. LTD Vs. UNION TERRITORY OF J AND K AND ORS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 30-10-2026 Arbitration and Conciliation Act, 1996 — Section 11(6) — Limitation Act, 1963 — Article 137 — Appointment of Arbitrator — Scope of Referral Court's Enquiry — Petitioner relied on Supreme Court precedents holding that referral courts must only examine whether the Section 11(6) application is filed within three years, leaving time-barred claim issues to the arbitrator — Held, while intricate evidentiary enquiries into limitation are to be left to the arbitrator, the court is not precluded from rej India Law Library Docid # 2458121
(196) ZAREENA AKHTER AND ANOTHER Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 30-10-2026 Constitution of India, 1950 — Articles 14 and 16 — Public Employment — Land-loser quota — Acquisition of land does not confer an indefeasible right to public employment — Providing employment merely in lieu of land acquisition without open advertisement and competitive merit-based selection violates the constitutional scheme — Such appointments carve out a separate avenue bypassing equal opportunity for eligible candidates — Policy contemplating employment without open competition is constitutio India Law Library Docid # 2458122
(197) AB. AZIZ MIR Vs. JAVAID AHMAD KHAN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 30-10-2026 Constitution of India, 1950 — Article 227 — Transfer of Property Act, 1882 — Section 52 — Lis pendens — Shifting of stands — Petitioner initially resisted execution claiming title through an oral gift, which was held bound by the decree under the principle of lis pendens, attaining finality — Petitioner subsequently attempted to shift stance by claiming to be a bona fide lis pendens purchaser — Held, a litigant cannot prevaricate or take inconsistent positions — Judicial proceedings are not a ga India Law Library Docid # 2458123
(198) SHOWKAT HUSSAIN RATHER Vs. J&K BANK LIMITED AND ORS.[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 30-10-2026 Constitution of India, 1950 — Article 226 — Delay and Laches — Acquiescence — Departmental enquiry challenged after 17 years — Petitioner fully participated in the inquiry resulting in his dismissal from service in 2008, but chose to challenge the inquiry proceedings alleging procedural irregularities and bias only after earning an acquittal in 2024 — Held, petitioner having acquiesced to the proceedings and slept over his rights for nearly two decades cannot turn around to assail the enquiry — India Law Library Docid # 2458125
(199) AIJAZ AHMAD RATHER Vs. UT OF J&K & ORS.[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 30-10-2026 Preventive Detention — Registration of FIR — Condition precedent — Challenge to detention order on ground that no FIR was registered against detenue — Held, registration of an FIR is not a condition precedent for issuing a preventive detention order — Preventive detention is preventive and not punitive in nature, aimed at deterring a person from indulging in activities prejudicial to the security of the State — Basis of detention is the executive satisfaction regarding reasonable probability of India Law Library Docid # 2458126
(200) S. ARUMUGAM Vs. M. SARASWATHI[MADRAS HIGH COURT] 30-10-2026 Limitation Act, 1963 — Article 137 — Indian Succession Act, 1925 — Sections 232 and 276 — Letters of Administration — Limitation and delay — Petition filed nearly 24 years after testator's death — Applicability of Article 137 — Held, while Article 137 applies to testamentary proceedings, the period does not automatically commence from the date of the testator's death — Right to apply is a continuing right, and delay beyond three years does not operate as an absolute bar if satisfactorily explain India Law Library Docid # 2458129