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(161) VIKAS BHARDWAJ Vs. C. B. I.[DELHI HIGH COURT] 22-09-2026
Criminal Procedure Code, 1973 (CrPC) — Sections 173, 239, 240 and 482 — Framing of charge — Standard of judicial scrutiny — Effect of closure reports — At the stage of framing charge, the court is not required to conduct a mini-trial or meticulously appreciate evidence, but only ascertain whether a prima facie case or grave suspicion exists — Mere submission of closure reports by the investigating agency does not bind the court if the record discloses sufficient material to proceed — Refusal of
India Law Library Docid # 2453140

(162) NIKKI DEVI @ KHUSHBOO KUMARI Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 22-09-2026
Criminal Procedure Code, 1973 (CrPC) — Section 155(2) — Investigation into non-cognizable offences — FIR registered for offences under Section 171H IPC and Sections 125-A(1) and 125-A(3) of Bihar Panchayat Raj Act, 2006 — Mandatory statutory requirement — Police officer cannot assume power to investigate a non-cognizable case without obtaining an order of the competent Magistrate — The requirement under Section 155(2) CrPC cannot be bypassed — Since the State failed to demonstrate that any order
India Law Library Docid # 2453142

(163) SHYAM SINGH Vs. UNION OF INDIA[DELHI HIGH COURT] 22-09-2026
Limitation Act, 1963 — Section 5 — Railway Claims Tribunal Act, 1987 — Section 23 — Condonation of delay — Delay of 775 days in filing appeal — Appellant, resident of a village, belonged to an economically weaker section, was illiterate, and suffered from paucity of funds, preventing timely legal advice — Considering the socio-economic condition of the appellant and the beneficial nature of the legislation, sufficient cause was shown — Delay condoned.
India Law Library Docid # 2453151

(164) S. K. FINANCE LIMITED Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 497 and 503 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Interim custody of seized vehicle — Loan agreement default — Scope of criminal court jurisdiction — Seized vehicle was hypothecated to petitioner-financier, who claimed interim custody on borrower defaulting on loan instalments — Dismissing claim, held, a criminal court exercising powers under Sections 497 and 503 is not the appropriate forum to execute terms of a civil contra
India Law Library Docid # 2453085

(165) KALURAM @KALU Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 430 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8 read with Section 20(a)(i) — Suspension of sentence and grant of bail pending appeal — Cultivation of cannabis — Appellant convicted for cultivating 1,440 ganja plants weighing 12 quintals 34 kg — Offence involving commercial quantity — Crimes under NDPS Act have a devastating impact on society at large and interest of society is paramount — Considering gravity of offence and
India Law Library Docid # 2453086

(166) MUNSHI SINGH AND OTHERS Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 22-09-2026
Penal Code, 1860 (IPC) — Sections 147, 148, 323/149, 324/149 and 307/149 — Criminal Procedure Code, 1973 (CrPC) — Section 320 — Non-compoundable offences — Validity of compromise — Appellants convicted for violent assault filed compromise application during appellate stage — Settlement verified as voluntary and free from coercion — Held, offences under Sections 147, 148, 324/149, and 307/149 IPC are non-compoundable under Section 320 CrPC — Statutory bar precludes formal acceptance of compromise
India Law Library Docid # 2453087

(167) VISHNU Vs. SARPANCH GRAM PANCHAYAT AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 22-09-2026
Specific Relief Act, 1963 — Section 38 — Civil Procedure Code, 1908 (CPC) — Section 100 — Protection of Settled Possession — Injunction against true owner — Plaintiff occupied Gram Panchayat land initially under a temporary lease, raised a permanent RCC structure under permission from the Administrator, and carried on business — Even assuming the perpetual lease granted was unauthorized, the plaintiff was in settled possession — True owner or local authority cannot take the law into its own hand
India Law Library Docid # 2453088

(168) STEEL AUTHORITY OF INDIA Vs. NORVIC SHIPPING NORTH AMERICA INC.[DELHI HIGH COURT] 22-09-2026
Arbitration and Conciliation Act, 1996 — Section 2(1)(f), Section 2(2), Section 34 and Section 34(2-A) — International Commercial Arbitration — Scope of judicial review — Canadian respondent rendered the dispute an international commercial arbitration seated in India — Post-2015 amendment, the ground of patent illegality under Section 34(2-A) is unavailable to challenge an award arising out of an international commercial arbitration — Court under Section 34 cannot sit in appeal, re-appreciate ev
India Law Library Docid # 2453091

(169) CHANDRAWATI SHAH Vs. RAJINDER KAUR[DELHI HIGH COURT] 22-09-2026
Transfer of Property Act, 1882 — Section 123 — Immovable Property — Validity of Oral Gift — Suit for possession — Defendant claimed ownership over the suit property on the basis of an alleged oral gift made out of love and affection decades prior — Held, under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property can be effected only by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses — The traditional Hindu law rule per
India Law Library Docid # 2453097

(170) MOHAMMAD AYOUB BHAT Vs. ABDUL REHMAN BHAT[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 22-09-2026
Constitution of India, 1950 — Article 227 — Supervisory jurisdiction of High Court — Nature and scope — High Court does not act as an appellate court — Jurisdiction under Article 227 is strictly supervisory and correctional to keep subordinate courts within bounds of their authority — High Court cannot re-appreciate evidence, review findings of fact, or substitute a lower court's reasonable decision merely because another interpretation is possible — Supervisory interference is exceptional and w
India Law Library Docid # 2453098

(171) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY Vs. AIJAZ AHMAD NAJAR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 22-09-2026
Motor Vehicles Act, 1988 — Section 168 — Assessment of compensation — Non-pecuniary damages — Principles restated — Compensation awarded must be just, fair, reasonable, and equitable, neither serving as a pittance nor as a windfall or bonanza for the victim — Objective assessment requires excluding speculation and fancy — Non-pecuniary damages for pain, suffering, and loss of amenities must be evaluated considering victim's age, percentage and nature of disability, medical expenses, and impact o
India Law Library Docid # 2453099

(172) SUHAIL AHMAD WANI Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 22-09-2026
Service Law — Special Police Officer (SPO) — Disengagement from service — Stigmatic action — Violation of Natural Justice — Petitioner was disengaged from the rolls of District SPO Cadre following his arrest in an NDPS FIR without issuing a show-cause notice or conducting an enquiry — Held, even if engagement is conditional or temporary, disengagement predicated upon allegations of misconduct or criminal involvement carries stigma and entails civil consequences — Applicability of natural justice
India Law Library Docid # 2453100

(173) XXXX Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 22-09-2026
Constitution of India, 1950 — Articles 21 and 226 — Medical Termination of Pregnancy Act, 1971 — Section 3(2)(b) — Medical Termination of Pregnancy Rules, 2003 — Rule 3-B — Termination of pregnancy beyond 24 weeks — Minor rape survivor — Gestational age was within statutory limit when evaluated by Medical Board but advanced to 24 weeks and 2 days during judicial proceedings — Held, delay not attributable to petitioner cannot deny constitutional protection — Lack of statutory remedy does not bar
India Law Library Docid # 2453101

(174) MOHAMMAD AMIN DAR Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 22-09-2026
Service Law — Suspension — Nature, purpose, and prerequisites — Suspension is a temporary measure debarring an employee from performing official duties during an enquiry or trial, not a permanent or routine administrative action — Order of suspension must be based on the gravity of the alleged misconduct and nature of available evidence — It should be passed only when a strong prima facie case exists and the charges, if proved, would ordinarily warrant imposition of a major penalty such as dismi
India Law Library Docid # 2453102

(175) MOHAMMAD AMIN RATHER Vs. UNION TERRITORY OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 22-09-2026
Constitution of India, 1950 — Article 226 and Article 311 — Jammu and Kashmir Police Act, 1983 — Sections 18 and 19 — Disengagement of SPO — Natural Justice — Audi alteram partem — Petitioner was disengaged from service as a Special Police Officer on allegations of submitting fake date of birth documents — Neither show cause notice was issued nor enquiry conducted — Held, where disengagement or termination of an SPO is founded on stigma or misconduct, adherence to natural justice is a mandatory
India Law Library Docid # 2453103

(176) GIRISH KUMAR JAIN Vs. UCO BANK[DELHI HIGH COURT] 22-09-2026
Indian Contract Act, 1872 — Section 73, Explanation — Claim for damages — Duty to mitigate loss — Tenant vacated premises after electricity was disconnected due to alleged electricity theft — Landlord claimed damages for loss of rent alleging premises remained unlettable without electricity — Landlord eventually re-let property after arranging electricity from adjoining premises — Held, plaintiff is duty-bound to take all reasonable steps to mitigate loss — In absence of evidence showing why suc
India Law Library Docid # 2453108

(177) KULWANT KAUR Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 22-09-2026
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Maintenance — Determination of quantum — Status and standard of living — Legally wedded wife is entitled to live with dignity commensurate with the status and standard of living of her husband — Object of granting maintenance under the DV Act is to prevent financial deprivation and enable the aggrieved person to maintain herself with dignity — In assessing quantum, the court must balance the husband's income and financial capaci
India Law Library Docid # 2453172

(178) A.JEBA SINGH Vs. A. KALEESHA AND OTHERS[MADRAS HIGH COURT] 22-09-2026
Civil Procedure Code, 1908 (CPC) — Order 20 Rules 4(2) & 5, Section 2(9) and Order IX Rule 13 — Validity of ex parte judgment and decree — Absence of reasons and findings — Suit decreed ex parte without framing issues, recording findings, or providing reasons — Held, even in the absence of a contesting defendant, the Court cannot mechanically decree a suit — Every judgment must contain a concise statement of the case, points for determination, decision, and reasons — An ex parte judgment passed
India Law Library Docid # 2453290

(179) THE TAMIL NADU PUBLIC SERVICE COMMISSION Vs. THIRUGUNA AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 22-09-2026
Service Law — Fixation of Seniority — Merit vs. Roster System — Cut-off date of 10.03.2003 — Seniority list of Assistant Engineers in Highways Department published for the first time on 29.04.2004 — Appellants contended that writ petitioner joined service in 1998 prior to the cut-off date — Held, any seniority list finalised after 10.03.2003 must be drawn strictly in accordance with merit pursuant to Supreme Court ruling in Bimlesh Tanwar — Date of joining service pales into insignificance since
India Law Library Docid # 2453300

(180) MURZBAN NUSSERWANJI KHARIWALA AND OTHERS Vs. KAKAD CO-OPERATIVE HOUSING SOCIETY LTD. AND OTHERS[BOMBAY HIGH COURT] 22-09-2026
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) — Maharashtra Regional and Town Planning Act, 1966 — Section 149 — Bar of suit — Challenge to building permissions — A suit simpliciter challenging sanctioned building plans and development permissions granted by a planning authority, without seeking a declaration of title or recovery of possession, is expressly barred under Section 149 of the MRTP Act. Mere narration of title history in the plaint does not convert such a challenge into a tit
India Law Library Docid # 2453458

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