(81) SUO MOTU CIVIL REFERENCE TO EXAMINE THE VALIDITY OF SECTION 69 OF INDIAN SUCCESSION ACT, 1925ARISING FROM ORDER DATED 12.02.2025 IN IA 216/2017 IN OS NO.26 OF 2016 OF SUB COURT, PUNALUR. Vs. UNION OF INDIA AND ANOTHER[KERALA HIGH COURT] 08-10-2026 Indian Succession Act, 1925 — Sections 57 and 69 — Constitution of India — Article 14 — Revocation of will by marriage — Applicability restricted to Christians, Parsis, and Jews — Exclusion of Hindus, Buddhists, Sikhs, and Jains — Validity upheld — Differential treatment rests on an intelligible differentia with a rational nexus to protecting the new family — Unlike Christians governed by Section 20, Hindu law confers statutory maintenance rights upon wives as subordinate co-owners — Non-extensi India Law Library Docid # 2455385
(82) HINDUSTAN CABLES COMPANY LIMITED Vs. UNION OF INDIA[CALCUTTA HIGH COURT] 08-10-2026 Industrial Disputes Act, 1947 — Section 33-C(2) — Maintainability of application — Requirement of pre-existing right — Labour Court entertained application holding workmen had a pre-existing right under a Memorandum of Settlement irrespective of the employer's capacity to pay — Set aside — Section 33-C(2) operates in the nature of execution proceedings and requires an existing, crystallized right — Where entitlement is fundamentally disputed and displaced by a subsequent Government order declari India Law Library Docid # 2455394
(83) ARKA MOLLICK Vs. BIPASA SAHA NEE MOLLICK[CALCUTTA HIGH COURT] 08-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Protection of Women from Domestic Violence Act, 2005 — Section 29 — Inherent powers — Maintainability in presence of alternative remedy — Ex parte interim maintenance order challenged after nearly three years — High Court held that although the availability of a statutory appeal does not completely oust Section 482 jurisdiction, extreme circumspection must be exercised unless patent jurisdictional error, absolute nullity, or manifest abuse of India Law Library Docid # 2455395
(84) SAJINA CV Vs. UNION OF INDIA[KERALA HIGH COURT] 08-10-2026 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Section 3(1) — Preventive Detention — Delay in passing detention order — Snapping of live link — Detention order was issued six months after the last prejudicial activity — Period from receipt of the authenticated screening committee report on 08.09.2025 until issuance of the detention order on 17.10.2025 remained completely unexplained — Mere recitation of procedural steps without accounting for delay is ins India Law Library Docid # 2455396
(85) SAHANAJ BEGUM AND OTHERS Vs. MD. SAJID AND OTHERS[CALCUTTA HIGH COURT] 08-10-2026 Civil Procedure Code, 1908 (CPC) — Section 151 and Order 41 Rule 23 — Scope of remand — Reopening of concluded issues — Trial court findings holding parties to be co-sharers and impugned conveyances void were affirmed in appeal, remanding the matter solely for determining shares and drawing a preliminary decree — Defendants sought to introduce new evidence alleging fraud regarding predecessor's death certificate under Section 151 CPC — Held, inherent powers cannot be invoked to circumvent finali India Law Library Docid # 2455397
(86) ARIJIT BORAL Vs. STATE OF WEST BENGAL & ANR.[CALCUTTA HIGH COURT] 08-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers — Scope and exercise — Quashing of charge sheet — Court's jurisdiction under Section 482 is wide but must be exercised sparingly, with circumspection, and only to prevent abuse of judicial process or secure ends of justice — High Court cannot conduct a roving inquiry, weigh evidence, or conduct a mini-trial at the threshold stage — Where allegations in the complaint, witness statements, and materials collected during investigat India Law Library Docid # 2455398
(87) SHILPI Vs. STATE OF KERALA[KERALA HIGH COURT] 08-10-2026 Protection of Children from Sexual Offences Act, 2012 — Sections 5(l) and 6 — Indian Penal Code, 1860 — Section 376(2)(n) — Evidence of victim — Omission in medical history recorded by doctor — Accused contended that non-disclosure of two separate occurrences before the examining doctor constituted a material omission — Held, medical history is recorded primarily for diagnosis and treatment, not as an exhaustive statement like one recorded by police or Magistrate — A traumatized victim is not ex India Law Library Docid # 2455407
(88) BINDU AND ANOTHER Vs. THE DISTRICT OFFICER AND OTHERS[KERALA HIGH COURT] 08-10-2026 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 23(1) — Cancellation of settlement deed — Jurisdictional requirements — Under Section 23(1), the Maintenance Tribunal gets jurisdiction to declare a transfer void only if the transfer was subject to the express condition that the transferee shall provide basic amenities and physical needs to the transferor, and the transferee failed or refused to provide them — Mere reservation of life interest to reside or collect usufru India Law Library Docid # 2455418
(89) G SANIL KUMAR Vs. SUJITH[KERALA HIGH COURT] 08-10-2026 Negotiable Instruments Act, 1881 — Section 138 — Indian Contract Act, 1872 — Section 25(3) — Legally enforceable debt — Time-barred debt — Revival of liability — When a cheque is issued for a time-barred debt, it acts as an acknowledgment of liability and constitutes a promise to pay, thereby reviving the debt — Nature of the debt ceases to be time-barred — Issuing a cheque towards discharge of a time-barred debt is not legally prohibited — In the event of dishonour and subsequent non-payment fo India Law Library Docid # 2455422
(90) APPA Vs. THE STATE OF MAHARASHTRA[SUPREME COURT OF INDIA] 07-10-2026 Penal Code, 1860 (IPC) — Section 394 — Voluntarily causing hurt in committing robbery — Non-recovery of stolen articles — Conviction unsustainable — The conviction under Section 394 IPC cannot be sustained where the allegation of robbery is not supported by recovery or seizure of the allegedly stolen property — Absence of purchase receipts or independent evidence establishing ownership, identity, or value of the articles, coupled with the failure to connect scattered beads found at the spot to India Law Library Docid # 2454905
(91) V. PON. PANEERSELVAM Vs. S. REGUPATHY AND OTHERS[SUPREME COURT OF INDIA] 07-10-2026 Representation of the People Act, 1951 — Sections 81(1) and 86(1) — Mandatory requirement of personal presentation — Non-compliance — Dismissal at threshold — Presentation of an election petition by the petitioner in person under Section 81(1) of the Representation of the People Act, 1951 is a mandatory requirement — Compliance with Section 81 is not a mere procedural formality, but directly impacts the maintainability of the petition; any defect in this regard is incurable — Under India Law Library Docid # 2454906
(92) M/S. MEPCO INDUSTRIES LTD. Vs. COMMISSIONER OF INCOME TAX, MADURAI[SUPREME COURT OF INDIA] 07-10-2026 Income Tax Act, 1961 — Section 28(i) & Section 4 — Revenue vs. Capital Receipt — Electricity/Power Subsidy — Application of the "Purpose Test" — The character of a subsidy receipt in the hands of an assessee must be determined by applying the "Purpose Test" — The point of time of payment, source, and form of the subsidy are not decisive; the determinative factor is the object and purpose sought to India Law Library Docid # 2454907
(93) ABHISHEK Vs. STATE OF RAJASTHAN AND OTHERS[SUPREME COURT OF INDIA] 07-10-2026 Penal Code, 1860 (IPC) — Section 307 — Attempt to murder — Ingredients — Seat and gravity of injury not sole determinant — Attempt to strike vital parts warded off defensively — To attract Section 307 IPC, it is not essential that a fatal or life-threatening bodily injury must actually be sustained — The section distinguishes between the act of the accused and its result; the determinative criterion is whether the act was executed with the requisite intention or knowledge — Intention or knowledg India Law Library Docid # 2454908
(94) THE STATE OF BIHAR AND OTHERS Vs. NANDESHWAR KUMAR[SUPREME COURT OF INDIA] 07-10-2026 Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 — Rule 8(a) — Eligibility Criteria — Requirement of NCTE Recognized Qualification — Date of Determination — The eligibility of a candidate for appointment to a public post must be adjudged on the last date of submission of application forms or, at best, by the date of appointment — Where recruitment is India Law Library Docid # 2454909
(95) M/S JK PAPER LTD AND OTHERS Vs. BIPINCHANDRA NATWARLAL SHAH AND OTHERS[SUPREME COURT OF INDIA] 07-10-2026 Civil Procedure Code, 1908 (CPC) — Section 96 — Land Acquisition Act, 1894 — Powers and Duty of First Appellate Court — Scope of Judicial Interference under Article 136 of the Constitution — An appeal is a continuation of the original proceedings, and the first appellate court is a court of fact and law required to decide the case by re-appreciating evidence, giving reasons, and dealing with all issues of India Law Library Docid # 2454910
(96) BRIJ LAL AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Code of Criminal Procedure, 1973 (CrPC) — Sections 107 and 117 — Nature and scope of preventive proceedings — Distinction from punitive proceedings — Proceedings under Sections 107 and 117 CrPC are preventive in character, aimed at preventing breach of peace and repetition of similar incidents, whereas registration of an FIR and filing of a charge-sheet in respect of a criminal offence are punitive in nature, aimed at punishing the offender — The objective and purpose of preventive proceedings u India Law Library Docid # 2454939
(97) RAJ SHARMA (BHARTI) Vs. COLLECTOR LAND ACQUISITION AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 J&K Land Acquisition Act, Svt. 1990 — Section 18 — Constitution of India — Article 19(1)(f) and Constitutional Right to Property — Exchange of alternate land in lieu of cash compensation — Obligation to deliver actual physical possession — The predecessor-in-interest of appellants opted for alternate land, but physical possession of 4 kanals was never delivered due to Army occupation — Held, an acquisition award is not satisfied until complete physical possession of all allotted land is delivere India Law Library Docid # 2454950
(98) ROMELU RAM Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Jammu & Kashmir Public Safety Act, 1978 — Section 8 — Preventive detention — Grounds of detention — Lack of material and non-application of mind — Petitioner was branded as an overground worker of banned outfits and a history sheeter without any criminal case ever registered against him or any specific outfit identified — Dossier merely relied upon two preventive proceedings under Section 129 of BNSS without any final order under Section 136, and two hearsay daily diary entries — Detention based India Law Library Docid # 2454951
(99) ROHIT SHARMA AND OTHERS Vs. UNION TERRITORY OF J AND K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Criminal Procedure Code, 1973 — Sections 156(3), 397(2) and 482 — Revisional bar — Maintainability of petition under Section 482 — Order directing police investigation under Section 156(3) CrPC is an interlocutory order against which a revision petition is barred under Section 397(2) CrPC — Accused has no right of hearing at that stage — However, where the order is alleged to have been passed without jurisdiction or in disregard of mandatory legal requirements, inherent powers under Section 482 India Law Library Docid # 2454917
(100) ANKUSH SHARMA Vs. U. T. OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Ranbir Penal Code, 1989 — Section 471 — Using as genuine a forged document — Essential ingredients — To constitute an offence under Section 471, the prosecution must establish that the document is forged, that the accused used it as genuine, that the accused knew or had reason to believe it was forged, and that the accused used it fraudulently or dishonestly — Mere production of a fake document without establishing that the accused possessed the requisite knowledge or reason to believe it was fo India Law Library Docid # 2454928