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(921) GOVT OF NCT OF DELHI Vs. M/S. RAM KRISHAN YUDHISTER PRAKASH[DELHI HIGH COURT] 31-10-2026 Arbitration and Conciliation Act, 1996 — Section 12(5) read with Seventh Schedule — Unilateral appointment of Arbitrator — Ineligibility — PWD, GNCTD unilaterally appointed its retired Principal Chief Engineer as Sole Arbitrator in terms of a contractual clause — Held, unilateral appointment of an arbitrator by one party is legally impermissible and hit by Section 12(5) read with the Seventh Schedule — In the absence of an express written agreement entered into after disputes arose, the appointm India Law Library Docid # 2457856
(922) S.M.I. ASIR EDUCATION FOUNDATION AND OTHERS Vs. THE STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT (AURANGABAD BENCH)] 31-10-2026 Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 — Section 3(2) and Section 5 — Applicability to minority institutions — Rejection of approval of teacher's appointment — Petitioners contended MEPS Act and Rules do not apply to minority institutions — Held, Section 3(2) carves out an exception strictly for recruitment of the Head of a minority school and up to three other notified employees — Appointee was neither the Head of the school nor one of the notified persons — India Law Library Docid # 2457895
(923) MOHABUL ISLAM AND OTHERS Vs. THE STATE OF WEST BENGAL AND ORS.[CALCUTTA HIGH COURT] 31-10-2026 Recruitment and Selection — Category Conversion — Reservation — Primary School Teachers Recruitment Rules, 2016 — Petitioners applied as OBC-A or OBC-B candidates — Following judicial proceedings and State notification restructuring the OBC list, petitioners obtained Economically Weaker Section (EWS) certificates — Board issued notification allowing OBC candidates to update category failing which they would be treated as unreserved — Board declined to permit petitioners to update to EWS category India Law Library Docid # 2458044
(924) SHIVALIK INSTITUTE OF NURSING THROUGH ITS PRESIDENT SHRI KHUSHI RAM THAKUR AND ANOTHER Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 31-10-2026 Motor Vehicles Act, 1988 — Sections 59, 76, 96(1) and 96(2)(xxxiii) — Himachal Pradesh Motor Vehicles Rules, 1999 — Rule 73-A(1)A(xi) — Legislative competence — Age cap on school transport vehicles — State inserted Rule 73-A restricting vehicles providing school transportation to a maximum of 15 years — Petitioners challenged competence citing Central Government's exclusive power under Section 59 to fix vehicle life — Held, Section 59 governs overall life of a vehicle, whereas the impugned Rule India Law Library Docid # 2458078
(925) RELIANCE GENERAL INSURANCE COMPANY LTD. AND OTHERS Vs. JITENDER KUMAR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 31-10-2026 Motor Vehicles Act, 1988 — Section 147 — Goods vehicle — Gratuitous passengers vs. Owner of goods, labourer and pedestrians — Evidence Act, 1872 — Section 60 — Insurance Company denied liability contending victims were unauthorized passengers in a goods carrier — Direct eyewitness testimony established that one deceased travelled as owner of goods, another as engaged labourer, and remaining victims were pedestrians crushed by the offending vehicle — Statements of witnesses not present at the spo India Law Library Docid # 2458087
(926) UTTRA KHAND TRANSPORT CORPORATION LTD. Vs. JAI DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 31-10-2026 Evidence Act, 1872 — Section 60 — Bharatiya Sakshya Adhiniyam, 2023 — Section 55 — Oral evidence must be direct — Exclusion of hearsay — In a claim petition, claimants examined witnesses who deposed regarding the manner of accident but admitted in cross-examination that they were not present at the spot when the accident occurred — Held, oral evidence must in all cases be direct and refer to facts perceived by the witness — Statements of witnesses who were not eye-witnesses to the accident are h India Law Library Docid # 2458088
(927) UNION OF INDIA AND ORS. Vs. PRAMOD SOOD[HIMACHAL PRADESH HIGH COURT] 31-10-2026 Arbitration and Conciliation Act, 1996 — Section 37 r/w Section 34 — Scope of appellate interference — Supervisory jurisdiction — Scope of jurisdiction under Section 37 is narrower and more restricted than under Section 34 — Court exercising powers under Section 37 is not an ordinary court of appeal and cannot set aside an arbitral award casually or substitute its own interpretation of facts or contractual terms merely because an alternative view is plausible — Court under Section 37 must only a India Law Library Docid # 2458089
(928) STATE OF HIMACHAL PRADESH Vs. HABIB KHAN[HIMACHAL PRADESH HIGH COURT] 31-10-2026 Penal Code, 1860 (IPC) — Sections 279 and 304-A — Rash and negligent driving — Fatal accident — Child died due to fall while attempting to board a moving truck from behind — Eye-witnesses conceded during cross-examination that the deceased child ran after the moving truck, attempted to climb the rear, and slipped onto stones — Accident occurred due to the child's own act of mounting a moving vehicle and not due to rash or negligent driving by the accused driver — Essential ingredients not establ India Law Library Docid # 2458090
(929) STATE OF HIMACHAL PRADESH Vs. SHANKAR GIRI[HIMACHAL PRADESH HIGH COURT] 31-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of interference — Principles summarized — Presumption of innocence in favour of accused is strengthened by an order of acquittal — Appellate court must exercise restraint and should interfere only in exceptional circumstances where the trial court judgment suffers from patent perversity, is based on misreading or omission of material evidence, or reaches an impossible conclusion — If two views are reasonably po India Law Library Docid # 2458091
(930) ABDUL JAVED Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 31-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Protection of Children from Sexual Offences Act, 2012 — Section 8 — Bharatiya Nyaya Sanhita, 2023 — Sections 62 and 64 — Grant of post-arrest bail — Allegation of sexual assault on a minor — Complainant's initial allegation projected penetrative assault, whereas victim's statement and medical examination revealed only physical contact without penetration — Alleged acts constituted attempt to sexually assault — Existence of a long-standing India Law Library Docid # 2458092
(931) SANJEEV SHARMA ALIAS SANJU AND OTHERS Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 31-10-2026 Evidence Act, 1872 — Section 119 — Testimony of witness with speech impairment — Assistance of interpreter — Absence of videography — Effect of procedural irregularity — Victim suffered from severe speech impairment and her evidence was recorded with the aid of an independent, qualified interpreter — Accused contended that failure to videograph the statement vitiated the trial — Held, non-compliance with the proviso to Section 119 does not discard the testimony unless the accused establishes tha India Law Library Docid # 2458116
(932) TARA MANI Vs. RADHEY KRISHAN[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 31-10-2026 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Principles and scope — Courts must adopt a liberal approach while considering an amendment application prior to commencement of trial — Primary object of allowing amendment is to determine the real questions in controversy between the parties and prevent multiplicity of judicial proceedings — An amendment can be refused if it causes irreparable prejudice to the opposite party, withdraws an admission, introduces a claim India Law Library Docid # 2458117
(933) SAJAD AHMAD SHEIKH Vs. UT THROUGH POLICE STATION CHANAPORA AND ANR.[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 31-10-2026 Constitution of India, 1950 — Article 21 — Criminal Law — Medical Bail — Right to health of undertrials — Principles governing grant — Right to personal liberty under Article 21 requires that an accused receives proper medical care and treatment — Grant of medical bail requires balancing the health and dignity of the accused against the requirements of criminal proceedings — Sickness or chronic illness per se does not automatically entitle an accused to bail — Courts must assess whether the medi India Law Library Docid # 2458124
(934) SMT. MEGHA VOHRA TYAGI Vs. SAMEER TYAGI[UTTARAKHAND HIGH COURT] 31-10-2026 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of matrimonial proceedings — Convenience of wife — Applicant-wife sought transfer of matrimonial case from Roorkee, Haridwar to Dehradun — Applicant resided with her aged father at Dehradun and had custody of her three-year-old daughter — Respondent-husband opposed transfer citing a distance of only 65 kilometers and threat to his life — Held, applicant looking after her young daughter would face grave inconvenience if forced to attend pro India Law Library Docid # 2458171
(935) ABDUL REHMAN AND ANOTHER Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 31-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Penal Code, 1860 (IPC) — Sections 498-A and 323 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Inherent powers — Quashing of criminal proceedings — Non-compoundable offences — Matrimonial dispute — Inherent jurisdiction under Section 528 of BNSS is distinct from the statutory power of compounding — High Court may quash criminal proceedings arising out of predominantly private or matrimonial disputes despite the offences being non-compo India Law Library Docid # 2458175
(936) WAZEER AHMAD Vs. THE NEW INDIA INSURANCE COMPANY LTD. AND OTHERS[UTTARAKHAND HIGH COURT] 31-10-2026 Motor Vehicles Act, 1988 — Section 173 — Claim petition — "Pay and recover" direction — Scope of dispute after satisfaction of award — Tribunal directed insurer to pay awarded compensation with liberty to recover from vehicle owner due to non-production of original driving licence — Insurer satisfied the entire awarded amount — Held, as claimants received their full dues, the controversy strictly survived only between vehicle owner and insurer regarding recovery rights — Matter remanded to Tribu India Law Library Docid # 2458181
(937) RAM KUMAR BANSAL Vs. STATE OF PUNJAB & ORS.[PUNJAB AND HARYANA HIGH COURT] 31-10-2026 Service Law — Transfer vs. Deputation — Ex-cadre posting — Repatriation after prolonged service — Petitioner was transferred in public interest from District Forum to State Commission in 2003 without any mention of deputation, fixed tenure, or lien retention, and was successively promoted over 18 years up to Secretary — Held, a genuine repatriation applies only to an employee demonstrably serving outside his cadre on deputation. Respondents cannot, after nearly two decades of regular progression India Law Library Docid # 2458208
(938) MANJU RANA Vs. PUNJAB STATE LEGAL SERVICES AUTHORITY AND ORS.[PUNJAB AND HARYANA HIGH COURT] 31-10-2026 Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003 — Rules 5(e) and 6 — Removal of Chairperson — Mandatory inquiry procedure — When allegations of abuse of position are denied, Rule 6 mandates conducting an inquiry affording an effective opportunity of defence — Serving allegations without recording statements of listed witnesses and abruptly closing the delinquent's defence violates the statutory scheme — A subsequent finding that the evid India Law Library Docid # 2458209
(939) PARDEEP KUMAR AND OTHERS Vs. GOPAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 31-10-2026 Motor Vehicles Act, 1988 — Section 166 — Appreciation of evidence — Credibility of eye-witness — Insurance company contended that the eye-witness riding a motorcycle half a kilometre (500 metres) behind the deceased was a planted witness — Held, a distance of 500 metres is not so far that an accident cannot be witnessed — A person travelling at 40 to 50 km/h covers 500 metres in about 36 seconds and would reach the site within seconds — Eye-witness maintained a consistent stand matching the FIR India Law Library Docid # 2458214
(940) MANDEEP AND ANOTHER Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 31-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 222 and 221(2) — Penal Code, 1860 (IPC) — Sections 307, 325 and 34 — Conviction for minor offence — Reliability of evidence — Accused charged under Section 307/34 IPC but acquitted and convicted under Section 325/34 IPC — Permissibility — While Section 222 Cr.P.C. permits conviction for a minor offence without a specific charge when only requisite intention is lacking, it applies only if the core prosecution case is established — If the substratum o India Law Library Docid # 2458215