(801) BINU Vs. STATE OF KERALA[KERALA HIGH COURT] 10-09-2026 Criminal Law and Evidence — Child victim testimony — Material omission — POCSO Act — Penetrative sexual assault — Overt acts of oral-genital contact introduced for the first time during trial — Victim omitted any mention of the accused sucking her vagina in her First Information Statement or Section 164 Cr.P.C statement — Medical records revealed the history was narrated by the mother, not the child — Held, introducing the vital allegation of penetrative sexual assault for the first time during India Law Library Docid # 2452296
(802) MOHAMMAD TAUSEEF Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 10-09-2026 Constitution of India, 1950 — Articles 226 and 19, 21 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Look Out Circular (LOC) — Quashing of — Petitioner sought quashing/withdrawal of LOC issued in connection with FIR under Ss. 498-A/406/34 IPC and permission to travel abroad to resume employment — Held, LOC not liable to be interfered with where substantial maintenance arrears and pending execution India Law Library Docid # 2452512
(803) REGIONAL PROVIDENT FUND COMMISSIONER-II Vs. MS. MAMTA BINANI AND OTHERS[SUPREME COURT OF INDIA] 10-09-2026 Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation — E-filing technical glitch — Maxim "actus curiae neminem gravabit" — Appeal was delayed by one day beyond the 45-day outer limit due to OTP delivery failures on NCLAT's portal — NCLAT dismissed the appeal as time-barred — Held, limitation runs only when the tribunal is functional and capable of receiving pleadings — Litigants cannot suffer for the tribunal's system failure — Tribunal ought to exempt the non-functional India Law Library Docid # 2452521
(804) LIMBU MANGER @ RAJU THAPA Vs. STATE OF SIKKIM[SIKKIM HIGH COURT] 10-09-2026 Protection of Children from Sexual Offences Act, 2012 — Sections 7, 9(l), 10 and 30 — Aggravated sexual assault — Sexual intent and presumption — Accused pressed minor victim's breasts, briefly stepped back upon her protest, repeated the act, and offered money — Held, repeated acts of touching breasts during the same incident constitute aggravated sexual assault under Section 9(l) — Repeating the act despite expressed displeasure establishes deliberate sexual intent — Prosecution having establis India Law Library Docid # 2452643
(805) STATE OF RAJASTHAN Vs. SMT. SHARDA AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-09-2026 Penal Code, 1860 (IPC) — Sections 109, 363 and 376 — Criminal Procedure Code, 1973 (CrPC) — Sections 378 and 394 — Death of principal accused pending appeal against acquittal — Maintainability of appeal against abettor — Principal accused charged with rape and kidnapping died during pendency of State's appeal against acquittal, causing the appeal to abate against him — Co-accused was acquitted of charge under Section 376 read with Section 109 IPC — Held, upon the death of the principal accused a India Law Library Docid # 2452669
(806) NASIR HUSSAIN CHAUHAN Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-09-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14A(2) — Bharatiya Nyaya Sanhita, 2023 — Sections 316(2), 338, 336(3), 340(2), 61(2) and 318(2) — Appeal against rejection of bail — Allegation that appellant, as power of attorney holder, executed a registered sale deed but failed to deliver possession of the land to the purchaser — Trial Court dismissed bail — High Court held that considering the completion of investigation with filing of charge-sheet and dura India Law Library Docid # 2452670
(807) SHEOJIRAM LEEL Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-09-2026 Negotiable Instruments Act, 1881 — Sections 138 and 147 — Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Dishonour of Cheque — Compounding of offence at revisional stage — Conviction and sentence affirmed by Appellate Court — Parties subsequently entered into an amicable settlement and entire amount was paid to complainant — Complainant had no objection to quashing of proceedings — Held, under Section 147 of the NI Act, offence under Section 138 is compoundable — Compromise taken India Law Library Docid # 2452671
(808) LUPIN LIMITED Vs. UNION OF INDIA AND OTHERS[SIKKIM HIGH COURT] 10-09-2026 Constitution of India, 1950 — Article 226 — Industrial Policy — North-East Industrial and Investment Promotion Policy, 2007 — Central Capital Investment Subsidy Scheme — Vested rights versus mere expectation — Petitioner incurred substantial investment before policy modification capping subsidy at Rupees 5 crores, but applied for mandatory registration only after the amendment — Held, a vested right is fixed, accrued, and not dependent on future contingencies — Mere prior investment or commencem India Law Library Docid # 2452682
(809) AZEEM WASIF @ BABBOO Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 10-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Plea of alibi based on unimpeachable documentary evidence — Consideration at pre-trial stage — Ordinarily, the burden of proving alibi lies upon the accused during trial; however, there is no inflexible rule precluding consideration of unimpeachable and incontrovertible official documents at the threshold — Where documentary evidence of sterling quality demonstrates the absence of the accused from the country at India Law Library Docid # 2453027
(810) ROSHAN AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 10-09-2026 Penal Code, 1860 (IPC) — Sections 376 and 452 — Criminal Procedure Code, 1973 (CrPC) — Section 161 — Indian Evidence Act, 1872 — Section 32(1) — Gang rape and house-trespass — Evidentiary value of victim's statement recorded under Section 161 Cr.P.C. upon her subsequent death — Victim died 11 days after incident due to septicemia from genital injuries — Statement recorded on same day of incident treated as dying declaration under Section 32(1) Evidence Act — Held, statement under Section 161 Cr. India Law Library Docid # 2453028
(811) RAM HARSH Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Penal Code, 1860 (IPC) — Sections 304-B and 498-A — Evidence Act, 1872 — Section 113-B — Dowry death — Presumption — Necessity of proving dowry demand and cruelty: To attract the statutory presumption under Section 113-B of the Evidence Act, the prosecution must first prove that the woman was subjected to cruelty or harassment soon before her death in connection with a dowry demand. Unnatural death within seven years of marriage in the matrimonial home is not alone sufficient. Where the complain India Law Library Docid # 2453029
(812) ABHISHEK TYAGI Vs. UTTAR PRADESH RAJYA DWARA GRAH SACHIV AND OTHERS[ALLAHABAD HIGH COURT] 10-09-2026 Uttar Pradesh Control of Goondas Act, 1970 — Section 2(b)(i) and Section 3 — Definition of "Goonda" — Habitual offender — Initiation of proceedings based on two criminal cases with a gap of three years — Held, a person cannot be branded as a "Goonda" merely on the basis of one or two criminal cases — The expression "habitually" implies repeated, persistent, and continuous commission of similar acts — Isolated or infrequent offences do not justify an inference of habit — Petitioner could not be t India Law Library Docid # 2453030
(813) ALPANA SINGH Vs. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 210 — Code of Criminal Procedure, 1973 (CrPC) — Section 190 — Cognizance of offence — Power of review — Re-cognizance impermissible — Cognizance of an offence can only be taken once and a Magistrate has no power under law to review, modify, or reopen an earlier order of cognizance — A protest petition filed after an order taking cognizance has already been passed in the same case crime number cannot be used as a modus to review the earlie India Law Library Docid # 2453031
(814) BAL KUMAR PATEL @ RAJ KUMAR Vs. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 216, 221 and 222 — Arms Act, 1959 — Sections 19, 25, 27 and 30 — Alteration of charge — Conviction for minor offence — Accused sought deletion of charges under Sections 25, 27 and 30 of the Arms Act and addition of Section 19 — Trial court rejected the application — Held, if the evidence establishes a lesser offence carrying a minor punishment, the trial court is legally empowered under Section 222 to convict the accused for such lesser offence wit India Law Library Docid # 2453032
(815) BABU LAL Vs. SHAHABUDDIN AND OTHERS[ALLAHABAD HIGH COURT] 10-09-2026 Civil Procedure Code, 1908 (CPC) — Section 100 — Scope of Second Appeal — Substantial question of law — Principles reiterated — A question of law becomes substantial when it is debatable, not covered by settled precedents, or materially affects rights of parties — Concurrent findings of fact recorded by Trial Court and First Appellate Court based on evidence and spot inspection report that entire disputed plot was dedicated and continuously used as a Muslim graveyard for centuries involve no per India Law Library Docid # 2453033
(816) NEHA MISHRA Vs. RESERVE BANK OF INDIA AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Banking Law and Recovery — Privity of Contract — Liability of Legal Heir — Deceased borrower availed personal loan with standing instructions regarding retiral benefits — Bank unilaterally debited outstanding loan dues from the independent fixed deposit account of the deceased borrower's widow — Petitioner was neither co-applicant, guarantor, nor surety — Held, no privity of contract existed between Bank and petitioner — While Bank may proceed against legal heirs for recovery through due process India Law Library Docid # 2453035
(817) RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. SMT. GEETA DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 10-09-2026 Motor Vehicles Act, 1988 — Section 166 — Fatal accident — Determination of income — Compensation — Appellant-insurer contended that monthly income of the deceased was improperly determined — Held, the Claims Tribunal correctly assessed the monthly income of the deceased at Rs. 19,850/- based on salary slips and documentary evidence after making all permissible deductions — Assessment being founded on solid documentary evidence on record, there is no reason or justification to take any contrary v India Law Library Docid # 2453161
(818) RELIANCE GENERAL INSURANCE CO. LTD. Vs. NEELAM NEGI AND OTHERS[UTTARAKHAND HIGH COURT] 10-09-2026 Motor Vehicles Act, 1988 — Section 166 — Rash and negligent driving — Proof of negligence — Evidentiary value of charge sheet — Where a First Information Report is lodged and the police, after investigation, file a charge sheet holding the driver of the offending vehicle negligent, no further evidence is required to prove rash and negligent driving in a claim petition. Even if eyewitnesses are not examined, it is not fatal to establishing the rash and negligent driving of the offending vehicle's India Law Library Docid # 2453162
(819) SMT. GAYATRI AND OTHERS Vs. RELIANCE GENERAL INSURANCE COMPANY LTD AND OTHERS[UTTARAKHAND HIGH COURT] 10-09-2026 Motor Vehicles Act, 1988 — Section 166 and 173 — Claim for enhancement of compensation — Assessment of future prospects — Self-employed deceased — Tribunal omitted to grant any compensation towards future prospects of income — Held, as per the dictum of the Supreme Court in National Insurance Company Ltd. v. Pranay Sethi, an addition of 40% of the established income is mandated where the deceased was self-employed or on a fixed salary and aged below 40 years — Impugned award modified by granting India Law Library Docid # 2453163
(820) GAURAV KALURA Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 10-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 125 — Specific Relief Act, 1963 — Section 34 — Marital status and entitlement to maintenance — Summary nature of proceedings — Estoppel — Husband instituted a civil suit seeking declaration of marriage as null and void, which was dismissed for want of prosecution and never restored — Held, husband was estopped from contending that claimant was not his legally wedded wife in absence of any decree from a competent civil court declaring marriage null a India Law Library Docid # 2453164