(701) IRSHAD AHMAD WANI Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 11-09-2026 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Section 3 — Constitution of India — Article 22(5) — Preventive Detention — Scope of Judicial Review — Court does not sit in appeal over the subjective satisfaction of the detaining authority, and judicial review is confined to the decision-making process rather than the sufficiency of material. Article 22(5) is satisfied when grounds disclose pertinent factual material enabling effective representation. Every India Law Library Docid # 2452274
(702) BASHARAT MEHMOOD Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-09-2026 Constitution of India, 1950 — Article 22(5) — Jammu and Kashmir Public Safety Act, 1978 — Section 8 — Preventive detention — Unexplained delay in deciding representation — Detenu submitted representation against detention order, which was rejected after an unexplained delay of approximately 43 days — Respondents failed to place on record any cogent or satisfactory explanation for such delay — Right to make representation carries corresponding constitutional obligation on competent authority to c India Law Library Docid # 2452279
(703) S. SUNDARAMOORTHY AND ANOTHER Vs. BALUSAMI[MADRAS HIGH COURT] 11-09-2026 Limitation Act, 1963 — Section 5 — Condonation of delay — Application to set aside ex-parte decree — Delay of 567 days — First defendant claimed native treatment for jaundice caused three-month immobility — Held, native treatment lacked proof, and no explanation was provided for the nearly two-year period of subsequent inactivity — Defendants, fully aware of the serious specific performance suit, acted casually and alienated the property in the interregnum — A litigant owes a duty to diligently India Law Library Docid # 2452280
(704) ARUMUGAM Vs. BHUVANESWARI AND OTHERS[MADRAS HIGH COURT] 11-09-2026 Registration Act, 1908 — Sections 17 and 49 — Indian Stamp Act, 1899 — Schedule I, Article 5(j) — Panchayat Partition Agreement — Admissibility — Agreement contemplating future registered instrument — Lower courts held the document inadmissible for being unstamped and unregistered — Held, nomenclature and recitals demonstrate that the document was an agreement recording terms of a panchayat partition and contemplating the execution and registration of a partition deed in future — Such an agreeme India Law Library Docid # 2452281
(705) K.M.SIVASAMY Vs. THE DISTRICT COLLECTOR AND OTHERS[MADRAS HIGH COURT] 11-09-2026 Indian Telegraph Act, 1885 — Section 16 — Electricity Act, 2003 — Section 68(1) — Permission to erect transmission lines — Government poramboke lands, cart tracks, and water bodies — Contention that Section 16 applies solely to overcome resistance from private landowners — Held, the District Collector, as the authority administering government lands, is fully empowered to permit and regulate their use for public utility purposes in the larger public interest — Choosing Section 16 as the permissi India Law Library Docid # 2452282
(706) KURALARASAN Vs. STATE[MADRAS HIGH COURT] 11-09-2026 Protection of Children from Sexual Offences Act, 2012 — Sections 2(d), 5(l) and 6 — Indian Penal Code, 1860 — Section 366 — Proof of age — Insignificance of consent — Prosecution produced school admission register, transfer certificate, and school certificate supported by testimony of Headmistress, establishing victim's age as 15 years on dates of occurrence — Victim proved to be a child under Section 2(d) — Once minority is established, question of consent becomes insignificant — Accused forcib India Law Library Docid # 2452283
(707) RAJESH VADHRYA AND ANOTHER Vs. ULHASNAGAR MUNICIPAL CORPORATION AND OTHERS[BOMBAY HIGH COURT] 11-09-2026 Maharashtra Municipal Corporations Act, 1949 — Schedule D, Chapter II, Paragraph 1(c) — Bombay General Clauses Act, 1904 — Section 21 — Power of Mayor to convene and postpone meetings — Implicit authority — Scope of exercise — Authority of the Mayor to fix the day, time, and place of a meeting includes the power to postpone or rescind it — Such power is not absolute or unfettered and must be exercised bona fide, lawfully, and within the statutory framework — Any exercise of power to postpone a m India Law Library Docid # 2452284
(708) JOSE M.P. Vs. STATE OF KERALA[KERALA HIGH COURT] 11-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Arrest — Non-compliance with statutory formalities — Procedure to be followed by courts — When an arrest is illegal for failure to observe formalities such as non-furnishing grounds of arrest or notice, there is no arrest or custody in the eye of law — Accused is relegated to the pre-arrest stage — Granting bail or taking bail bonds in such circumstances is legally impermissible — Courts must set the accused at liberty forthwith without bail — Courts mu India Law Library Docid # 2452285
(709) DR. BHAKTI DEEPAK CHAUDHARY AND OTHERS Vs. VASAI VIRAR CITY MUNICIPAL CORPORATION AND ANOTHER[BOMBAY HIGH COURT] 11-09-2026 Service Law — Regularization of Contractual Employees — Maharashtra Municipal Corporations Act, 1949 — Petitioners appointed on contractual basis as doctors and healthcare staff through public advertisements and selection committee — Rendered continuous service for 8 to 11 years with technical artificial breaks — Perennial nature of work — Held, appointments made through open selection process cannot be termed illegal or back-door entries — Employer cannot indefinitely continue employees on cont India Law Library Docid # 2452286
(710) BIPIN KANTILAL KAPADIA Vs. THE STOCK EXCHANGE BOMBAY[BOMBAY HIGH COURT] 11-09-2026 Securities Law — Stock Exchange Transactions — Annulment of trade by Exchange — Right to refund of deposited funds — Appellant purchased shares through Clearing House and deposited full purchase consideration — Exchange subsequently annulled the transactions of selling broker due to fictitious trades and returned shares to seller — Exchange thereafter insisted Appellant take delivery — Held, once trade was annulled, it ceased to exist and trading in such shares was impossible — Exchange's demand India Law Library Docid # 2452287
(711) INDIAN OVERSEAS BANK Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 11-09-2026 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 26E — Priority of claims — Dues of secured creditor versus State revenue — Petitioner-bank held a valid equitable mortgage over borrower's land, duly registered with CERSAI — Revenue authorities attached and auctioned the property for government dues without CERSAI registration — Non-obstante clause in Section 26E gives secured creditor priority over all revenues, taxes, cesses, and gov India Law Library Docid # 2452288
(712) SAJI @ SAJEEVAN Vs. STATE OF KERALA[KERALA HIGH COURT] 11-09-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B) — Custody of Contraband — Delay by Court in Forwarding Samples to Laboratory — Contraband produced before the Court the day after seizure in sealed condition and forwarded to the Forensic Science Laboratory after a delay of over two weeks — Held, when contraband is lodged in the safe custody of the Court, the possibility of tampering is too remote unless substantiated by convincing materials — Delay by the Court due to t India Law Library Docid # 2452295
(713) DR. DHRUV ALOK Vs. MEERA KUMARI[JHARKHAND HIGH COURT] 11-09-2026 Family Courts Act, 1984 — Section 19(1) — Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Scope and powers of High Court — Appellate jurisdiction under Section 19(1) lies on both facts and law, functioning as a rehearing of the original suit — High Court is entitled to reappraise, reappreciate, and review the entire oral and documentary evidence — Interference with findings of the trial court is warranted only when such findings suffer from perversity, being unsupported by evidenc India Law Library Docid # 2452426
(714) ANSHUMAN SHARMA Vs. SATHI BHANDARI[JHARKHAND HIGH COURT] 11-09-2026 Special Marriage Act, 1954 — Section 27(1)(d) — Dissolution of marriage — Cruelty — Standard of proof — Appellant-husband sought divorce alleging mental cruelty by respondent-wife — Held, to establish cruelty, conduct must be grave and persistent, rendering it intolerable to continue matrimonial cohabitation — Trivial irritations and normal wear and tear do not constitute cruelty — Appellant made only bald assertions without citing specific instances, which remained wholly unsubstantiated by wit India Law Library Docid # 2452428
(715) CHANDRBHAN SAHU Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-09-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 18, 18-A and 14-A(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Anticipatory bail — Maintainability — Statutory bar — Scope of inquiry — While considering an application for anticipatory bail involving offences under the SC/ST Act, the Court is required to ascertain whether a prima facie case is made out from the allegations in the FIR and the material collected during investigation — Where the India Law Library Docid # 2452441
(716) SURYAJEET PATEL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-09-2026 Chhattisgarh Agricultural Cattle Preservation Act, 2004 — Section 6(2) and 6(3) — Seizure and interim custody — Vehicle allegedly escorting cattle transport — Strict interpretation of penal statutes — Agricultural cattle were intercepted in another vehicle, while applicant's car was intercepted separately on the allegation of escorting — Rejection of supurdnama application under Section 6 — Held, penal statutes must be strictly construed according to their plain language — Section 6(2) permits s India Law Library Docid # 2452442
(717) UJJWAL RAI (CHAMLING) Vs. PAWAN KUMAR PRADHAN AND ANOTHER[SIKKIM HIGH COURT] 11-09-2026 Commercial Courts Act, 2015 — Section 13(1-A) — Suit for recovery based on fraud and misrepresentation — Personal liability of corporate officers — Non-joinder of company — Defendants induced plaintiff to deposit security amounts for a road construction contract despite prior termination of the parent project's Implementation Agreement by the State Government — Contention by defendant that he acted merely as an employee and the company was a necessary party — Held, where fraud, misrepresentation India Law Library Docid # 2452653
(718) KAPIL SIROHI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 11-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482, Section 397 — Family Courts Act, 1984 — Section 19(4) — Maintainability of petition under Section 482 challenging maintenance order — Availability of alternative statutory remedy — Applicant challenged Family Court interim maintenance order under Section 125 Cr.P.C. through application under Section 482 — Held, inherent powers cannot override express statutory remedies — Special statutory revision under Section 19(4) of Family Courts Act read w India Law Library Docid # 2453019
(719) KEVAL Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 11-09-2026 Penal Code, 1860 (IPC) — Section 302 — Appreciation of Evidence — Related and Interested Witnesses — Prior Enmity — Testimony of witnesses who are both related to the deceased and harbor prior hostility against the accused must be scrutinized with greater care and circumspection to rule out exaggeration or false implication. Mere natural presence near the scene is insufficient to establish that they actually witnessed the occurrence. Where ocular testimonies suffer from material contradictions, India Law Library Docid # 2453020
(720) SUNIL Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 11-09-2026 Penal Code, 1860 (IPC) — Section 376 — Protection of Children from Sexual Offences Act, 2012 — Sections 3, 4 and 29 — Penetrative sexual assault — Contradictory testimony and medical evidence — Reverse burden of proof — Presumption under Section 29 POCSO Act is activated only after the prosecution proves foundational facts constituting the offence — Victim initially stated to the examining doctor and Investigating Officer that she did not know if rape occurred — Physical examination revealed no India Law Library Docid # 2453021