(321) ISGEC HEAVY ENGINEERING LIMITED Vs. PRAKASH INDUSTRIES LIMITED[DELHI HIGH COURT] 08-09-2026 Arbitration and Conciliation Act, 1996 — Section 34(2A) — Performance Bank Guarantee — Invocation versus Appropriation — Patent Illegality — Invocation of a PBG relates to non-fulfilment of contractual obligations, but appropriation of proceeds is contingent upon establishing and quantifying actual loss suffered — Contract expressly excluded liability for indirect or consequential damages, loss of production, or loss of profit — Arbitral Tribunal rejected respondent's claims for such losses, yet India Law Library Docid # 2451640
(322) M/S INTERSALES AND ANOTHER Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 08-09-2026 Foreign Exchange Regulation Act, 1973 — Section 50 — Imposition of penalty — Discretion and Doctrine of Proportionality — Duty to record reasons — Authority possesses discretion to impose penalty not exceeding five times the contravention value — Merely because penalty falls within the statutory maximum does not validate it — Discretion must be exercised reasonably, judicially, and backed by recorded reasons for quantification — Quasi-judicial authority must ensure the penalty satisfies the test India Law Library Docid # 2451641
(323) SAVITA KATARIA AND OTHERS Vs. UNION OF INDIA[DELHI HIGH COURT] 08-09-2026 Railways Act, 1989 — Section 2(29) and Section 124-A — Bona fide passenger — Non-recovery of journey ticket — The mere absence or non-recovery of a journey ticket does not disentitle claimants from compensation. The initial burden on the claimant is not unduly onerous and stands discharged by an affidavit affirming that the deceased boarded the train and the ticket was lost in the accident. Once affirmed on oath, the burden shifts to the Railways to rebut the claim. Where the respondent failed t India Law Library Docid # 2451642
(324) M/S G4S SECURE SOLUTIONS (I) PVT LTD Vs. SURAJ KUMAR SAW[DELHI HIGH COURT] 08-09-2026 Constitution of India, 1950 — Articles 226 and 227 — Minimum Wages Act, 1948 — Section 20(2), Second Proviso — Limitation — Condonation of delay — Authority partly condoned delay and restricted claims to preceding three years from filing, relying on contemporaneous representations made by workmen — High Court held that whether sufficient cause is shown is essentially a question of fact within discretionary jurisdiction of the Authority — Discretion exercised on relevant considerations does not s India Law Library Docid # 2451643
(325) SANGITA ARORA Vs. STATE OF NCT DELHI AND ANOTHER[DELHI HIGH COURT] 08-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Indian Penal Code, 1860 — Sections 406, 420 and 120B — Quashing of criminal proceedings — Criminal liability of Company Directors — Petitioners contended that directors cannot be held vicariously liable for company's acts without specific statutory provisions — Held, while automatic criminal liability cannot be fastened merely by virtue of holding the post of Director, proceedings cannot be quashed where material shows individual participa India Law Library Docid # 2451645
(326) HABEEBKOYA THANGAL Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 08-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Protection of Children from Sexual Offences Act, 2012 — Pre-arrest bail — Aggravated sexual assault on minor grandchild — Grant of anticipatory bail — Scope and parameters — Pre-arrest bail cannot be granted as a matter of course — Extraordinary jurisdiction under Section 482 BNSS requires special circumstances with recorded reasons — Accused allegedly committed brutal sexual assault upon his minor grandchild and had criminal antecedents o India Law Library Docid # 2451646
(327) SHAMSUDHEEN Vs. STATE OF KERALA[KERALA HIGH COURT] 08-09-2026 Penal Code, 1860 (IPC) — Sections 363 and 376(f) — Proof of age of minor victim — Challenge to minority — Defence contended prosecution failed to conclusively prove victim was twelve years of age — Age stood established through the birth certificate, school admission register extract, and testimonies of the foster mother and school headmistress — Crucially, victim stated in her examination that she was seventeen years old, which remained unchallenged during cross-examination — Held, prosecution India Law Library Docid # 2451648
(328) HAIDAR ALI Vs. STATE OF KERALA[KERALA HIGH COURT] 08-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 497 and 528 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 22(c) and 29 — Interim custody of seized article — Mobile phone — Seizure of personal belongings during arrest — Trial Court rejected application for interim custody — Public Prosecutor confirmed mobile phone was not required for forensic examination and was not a material object in the case — Petitioner established ownership with no rival claimants — Applying the pri India Law Library Docid # 2451654
(329) C.MADHAVAN Vs. CBI[KERALA HIGH COURT] 08-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 227 and 239 — Prevention of Corruption Act, 1988 — Departmental Proceedings vs. Criminal Prosecution — Effect of departmental exoneration — Petitioners sought discharge on grounds of exoneration in departmental proceedings — Held, departmental proceedings and criminal prosecutions are independent and governed by different standards of proof — Exoneration in disciplinary proceedings does not ipso facto lead to exoneration or acquittal in a criminal c India Law Library Docid # 2451656
(330) SARATH AND OTHERS Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 08-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 126, 130, 131, 135, 136 and 137 — Constitution of India, 1950 — Article 226 — Preventive proceedings — Bond for keeping peace — Challenge to show-cause notice — Sub Divisional Magistrate initiated preliminary proceedings under Section 126 BNSS. Petitioners approached High Court contending that involvement in a single crime cannot justify preventive proceedings. Held, the Magistrate had only issued a preliminary show-cause notice. Statutory sche India Law Library Docid # 2451662
(331) INDERJIT KAUR AND OTHERS Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 08-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Penal Code, 1860 (IPC) — Sections 120-B, 406, 419, 420, 467, 468 and 471 — Grant of regular bail — Impersonation and fraudulent execution of sale deeds — FIR lodged after an unexplained delay of 16-17 years — Petitioners were not named in the initial FIR and were nominated during investigation — Investigation completed and final report presented before the trial court — Prosecution case primarily rested on documentary evidence — Trial like India Law Library Docid # 2451663
(332) R.G. BUILDWELL ENGINEERS LTD. AND ANOTHER Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2026 Building and Other Construction Workers Welfare Cess Act, 1996 — Section 3 — Nature of levy — Tax or Fee — Deduction of one per cent cess at source from contractor bills — Challenge to constitutional validity — Amount collected as cess does not form part of the general government revenue, but is specifically collected to augment the Welfare Fund for construction workers — Personal service or direct benefit to the payer is not necessary, provided a reasonable nexus exists between the levy and the India Law Library Docid # 2451667
(333) FAIZAN YASEEN SHALLA Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2026 Constitution of India, 1950 — Article 22(5) — Preventive Detention — Vagueness of grounds — Right to make effective representation — Detaining authority alleged that detenue associated with terrorists of a banned outfit and provided logistical support, but failed to disclose particulars regarding places, identity of the terrorists, or relevant time periods — Held, grounds of detention were vague and lacked material particulars, depriving the detenue of his constitutional right to make an effecti India Law Library Docid # 2451668
(334) GH. MOHD. DAR Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2026 Constitution of India, 1950 — Article 226 — Service Law — Principles of Natural Justice — Audi Alteram Partem — Recovery from salary — Petitioner, as Executive Officer, implemented Municipal Council's resolution procuring hospital equipment — Authorities ordered deduction of procurement expenses from his salary alleging unauthorized diversion of municipal funds under Section 48 of Jammu & Kashmir Municipal Act, 2000 — No regular inquiry was conducted nor was any show-cause notice or hearing affo India Law Library Docid # 2451669
(335) UNION TERRITORY THROUGH POLICE STATION BIJBEHARA Vs. GHULAM NABI SUMJI[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2026 Unlawful Activities (Prevention) Act, 1967 — Sections 10, 13, and 43-D(5) — Code of Criminal Procedure, 1973 — Sections 437 and 439 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 and 483 — Grant of bail — Applicability of statutory embargo — Statutory bar under Section 43-D(5) of UAPA restricting bail when accusations appear prima facie true applies strictly to offences punishable under Chapters IV and VI — Offences under Sections 10 and 13 fall within Chapter III and do not attract S India Law Library Docid # 2451670
(336) KRISHAN KUMAR PALIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-09-2026 Constitution of India, 1950 — Article 226 — Code of Civil Procedure, 1908 (CPC) — Order VI Rule 17 — Amendment of writ petition — Scope and maintainability — Challenge to subsequent enquiry report — Original petition was filed seeking release of salary and permission to work — Petitioner sought amendment to challenge an enquiry report dated 30.06.2026 holding his appointment illegal — Held, principles of Order VI Rule 17 CPC apply to writ proceedings — Discretionary power cannot be exercised whe India Law Library Docid # 2451680
(337) JEEVAN DEVRAM SHIRSATH Vs. THE STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 08-09-2026 Penal Code, 1860 (IPC) — Section 307 — Attempt to murder — Determinative test and relevance of victim's recovery — To justify conviction under Section 307, it is not essential that bodily injury capable of causing death was actually inflicted — Intention or knowledge coupled with an overt act is decisive, irrespective of the result — Conviction under the second part of Section 307 is attracted upon causing hurt pursuant to an act done with requisite intention or knowledge — The subsequent event India Law Library Docid # 2451705
(338) ROHINI GUPTA AND ANOTHER Vs. DISTRICT DEPUTY REGISTRAR, COOPERATIVE SOCIETIES AND OTHERS[BOMBAY HIGH COURT] 08-09-2026 Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (MOFA) — Section 2(c) — Definition of "Promoter" — Scope of "causes to be constructed" — Landowner executing lease — Extent of participation — Held, the definition of promoter under Section 2(c) is expansive. If a landowner actively participates in construction by dictating terms, approving materials, supervising adherence to plans, requiring joint insurance, and stipulating automat India Law Library Docid # 2451706
(339) JANHAVI VINOD SHEGONKAR Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 08-09-2026 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Clean Hands Doctrine — Misleading statements — Petitioner sought directions to appear in examinations, asserting that admissions of 101 excess students were accepted and not objected to by the State Board — State demonstrated that only 60 seats were sanctioned and approved, and mere online application did not constitute acceptance or approval of excess admissions — Petitioner made false and misleading statements regarding admission India Law Library Docid # 2451708
(340) MOTIRAM BHIKA MORE Vs. THE STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 08-09-2026 Limitation Act, 1963 — Section 5 — Land Acquisition Act, 1894 — Sections 28 and 34 — Condonation of delay — Condition of waiver of interest — Scope of Court's power — Section 5 does not confer an independent power to alter or cancel statutory interest under the Land Acquisition Act — However, in exercising discretionary power to condone delay, the Court may attach a reasonable condition excluding interest on enhanced compensation for the period attributable to delay to balance equities — An unde India Law Library Docid # 2451709