(181) RAPTAKOS, BRETT & COMPANY LIMITED AND ANOTHER Vs. THE JOINT COMMISSIONER OF POLICE, THANE CITY AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Constitution of India, 1950 — Article 226 — Writ of Mandamus — Police protection to enforce interim injunction — Maintainability — Writ petition seeking police protection cannot be made a forum to adjudicate civil rights or resolve private property disputes — Police protection through mandamus has a limited scope and cannot be extended where rights, possession, or identity of the property are not unambiguously determined by the civil court — Where heavily disputed questions of fact exist regardi India Law Library Docid # 2453459
(182) PANDIT SHIVAJI KUMBHARKAR AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Constitution of India, 1950 — Article 226 — Judicial Review — Policy decision — Siting of Greenfield Airport — Challenge to location on ground that alternative site was more viable — Held, selection of a site, alignment, and land requirement for public infrastructure projects fall within executive policy and technical expertise — Courts must exercise judicial restraint and not substitute their judgment for that of experts — Landowners cannot dictate site selection to the State merely to protect India Law Library Docid # 2453460
(183) ALL INDIA TRAVEL SERVICES Vs. ASHOK K. UPADHAYAY AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Section 15-A — Indian Partnership Act, 1932 — Section 69(2) — Deemed tenancy rights — Unregistered partnership firm — Applicant firm occupied premises as licensee on the notified date 01.02.1973 under a 1966 agreement — Firm was unregistered on the notified date but registered subsequently in October 1973 — Courts below held firm disentitled to declaration of tenancy due to non-registration on notified date — Held, Section 15-A conf India Law Library Docid # 2453461
(184) MARTAND SAKHARAM GHOLAP Vs. BHARU KHAN AND ANOTHER[BOMBAY HIGH COURT] 22-09-2026 Motor Vehicles Act, 1988 — Sections 166 and 168 — Injury claim — Assessment of functional disability — Difference between physical disability and loss of earning capacity — Claimant, working as a postal clerk, sustained amputation of right arm below elbow, certified as 65% permanent physical disability — Held, while medical experts assess physical impairment, the court must ascertain functional disability based on claimant's occupation — Loss of an arm by a clerk does not cause total functional India Law Library Docid # 2453462
(185) MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION Vs. MARUTI LAXMAN KHEDKAR AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Land Acquisition Act, 1894 — Sections 18 and 53 — Code of Civil Procedure, 1908 — Section 141 and Order XXII Rules 3, 4 and 10A — Death of sole claimant during reference proceedings — Application of Order XXII CPC — Duty to substitute — A reference under Section 18 is governed by the CPC via Section 53. The claimant occupies a status akin to a plaintiff seeking enhancement, and the burden to bring legal representatives on record lies on the claimant's side. If the sole claimant dies and no subst India Law Library Docid # 2453463
(186) TAHIR KHAN Vs. STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 22-09-2026 Evidence Act, 1872 — Section 32(1) — Dying declaration — Evidentiary value — Absence of doctor's certificate and Magistrate — Delay in death — Multiple oral declarations made to witnesses and a written statement given to police were consistent, voluntary, and truthful — Doctors and police testified the deceased was conscious and speaking — Held, a valid dying declaration neither strictly requires recording by a Magistrate nor a formal medical fitness certificate if the declarant is found conscio India Law Library Docid # 2453464
(187) DR. JAYDEEP ARUN DATE Vs. MEDICAL COUNCIL OF INDIA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Medical Council of India Regulations, 2000 — Disciplinary Proceedings — Natural Justice — Reversal of exoneration — Ethics Committee of MCI failed to supply copies of complainant's appeal and documents to doctors — Subsequent meetings held without notice — No urology specialist included on panel adjudicating specialized urological procedures — Appellate body reversed State Medical Council's exoneration order through a cryptic order without assigning reasons — Held, quasi-judicial bodies imposing India Law Library Docid # 2453465
(188) DR. JAYDEEP ARUN DATE Vs. MEDICAL COUNCIL OF INDIA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Administrative Law — Principles of Natural Justice — Medical Council of India (MCI) — Disciplinary Proceedings — Breach of natural justice — Petitioner-doctors were served only notice of hearing without copies of the appeal memorandum or accompanying documents filed by complainant — Ethics Committee held subsequent meetings behind their backs without notice — Committee also lacked a specialist in Urology despite allegations involving specialized urological procedures — Furthermore, the Ethics Co India Law Library Docid # 2453466
(189) COLETTE M. LOUIS AND ANOTHER Vs. JUNITA A. UBALE AND ANOTHER[BOMBAY HIGH COURT] 22-09-2026 Indian Succession Act, 1925 — Section 63(c) — Evidence Act, 1872 — Section 68 — Proof of Will — Execution and attestation — Evidence of single attesting witness — Plaintiffs sought probate of a registered Will — One attesting witness, an advocate, testified to due execution by the testator and attestation by both witnesses — Testimony remained unshaken in cross-examination — Held, where one attesting witness clearly proves execution and attestation in compliance with statutory requirements, exam India Law Library Docid # 2453468
(190) SIR MOHAMMED YUSUF TRUST AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Constitution of India, 1950 — Article 226 — Decree against State binds statutory bodies — Consent decree declaring ownership — Binding nature on Municipal Corporation — Petitioners sought mutation in revenue records based on an unchallenged 1963 consent decree passed against the State of Bombay. Respondent Corporation contended it was not bound as it was not a party. Held, the State acts with one voice and encompasses all statutory bodies constituted under it. A decree against the State operates India Law Library Docid # 2453469
(191) IN RE: NOISE AND ENVIRONMENTAL POLLUTION; PUBLIC NUISANCE CAUSED BY UNREGULATED USE OF MUSIC SYSTEMS WITH AMPLIFIERS AND FIRECRACKERS ON PUBLIC STREETS DURING FESTIVALS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Constitution of India, 1950 — Article 21 — Noise Pollution (Regulation and Control) Rules, 2000 — Rules 3, 4, and 5 — Environmental Protection — Right to life, health, and peaceful sleep — Unregulated use of high-decibel music systems and firecrackers during festivals breaches fundamental rights under Article 21 — Provisions of the 2000 Rules are mandatory and do not cease to operate during festive occasions — Authorities cannot adopt a passive approach of acting only upon receiving complaints — India Law Library Docid # 2453470
(192) M/S. SHARMA HEAVY LIFTER Vs. THE STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 22-09-2026 Maharashtra Value Added Tax Act, 2002 — Section 2(24)(b)(iv) — Deemed sale — Transfer of right to use goods — Hiring of cranes — Appellant provided cranes to construction companies on monthly hire charges — Tribunal treated the activity as a deemed sale attracting VAT, penalty, and interest — Held, terms of the contracts revealed that ownership, insurance, and effective control of the cranes were retained by the appellant at all times — Transaction was merely a license to use cranes on hire with India Law Library Docid # 2453471
(193) M/S. PHARMED LIMITED AND ANOTHER Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Drugs (Prices Control) Order, 1995 — Paragraphs 2(v), 7, 9 and 11 — Fixation of ceiling price of scheduled formulations — Applicability to combination drug — Notification dated 27.09.2007 fixing ceiling prices for multivitamin and mineral tablets/capsules cannot be applied to petitioner's osteoarthritis drug "Cartigen Forte" merely because it contained minuscule quantities of bulk drugs (Vitamin C and E) prior to January 2010 — Power under Paragraph 9 read with Paragraph 11 mandates fixing ceili India Law Library Docid # 2453472
(194) DR. JAYDEEP ARUN DATE Vs. MEDICAL COUNCIL OF INDIA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Constitution of India, 1950 — Article 226 — Disciplinary Proceedings — Natural Justice — Order of Medical Council of India reversing State Medical Council's exoneration and suspending doctors' registrations — Ethics Committee failed to supply appeal memo and documents to petitioners, held meetings behind their back, lacked any specialist in Urology despite complex urological procedures involved, and passed a cryptic, unreasoned order — Such procedural irregularities and absence of reasoned decis India Law Library Docid # 2453473
(195) MUMBAI TRAVEL RETAIL LIMITED Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT] 22-09-2026 Customs Act, 1962 — Sections 2(23), 2(25), 2(27) and 2(33) — Drugs and Cosmetics Act, 1940 — Section 10 — Regulatory control over Duty Free Shops (DFS) — Applicability of domestic regulatory regime beyond customs barrier — Petitioners challenged ban on selling nicotine pouches at airport DFS without drug licenses, arguing DFS falls outside customs frontier — Held, bringing goods into Indian territorial waters constitutes "import" — Immunity of DFS beyond customs barrier is restricted solely to f India Law Library Docid # 2453474
(196) SUNFIELD GLOBAL PTE LIMITED Vs. LIBERTY INVESTMENTS PRIVATE LIMITED[BOMBAY HIGH COURT] 22-09-2026 Arbitration and Conciliation Act, 1996 — Section 9 and Section 9(3) — Maintainability of Section 9 petition after constitution of foreign-seated Arbitral Tribunal — Test of inefficacious remedy — Section 9 petition was filed prior to the constitution of the FOSFA arbitral tribunal — Bar under Section 9(3) is not absolute and lifts where the alternative remedy before the tribunal is inefficacious — Powers under Section 38 of the English Arbitration Act do not extend to securing monetary claims ov India Law Library Docid # 2453475
(197) MUNNI DEVI Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT] 22-09-2026 Service Law — Recruitment — Online Application — Correction of category — Inadvertent mistake by E-Mitra operator — Advertisement and subsequent press note provided specific windows to rectify errors in application form — Appellant failed to avail correction opportunities and moved representation only after declaration of result — Held, appellant was given sufficient opportunities in consonance with Clause 17 of the advertisement and press note to rectify the error — Waiting for declaration of r India Law Library Docid # 2453508
(198) T.K. INDIA PRIVATE LIMITED Vs. THE INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, UNION TERRITORY, CHANDIGARH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 22-09-2026 Industrial Disputes Act, 1947 — Section 33-C(1) and Section 33-C(2) — Jurisdiction of Labour Court — Pre-existing right — Labour Court has wider jurisdiction under Section 33-C(2) to compute monetary benefits flowing from an existing, crystallized right under a final award. The mere fact that the amount is arrived at through arithmetical calculation does not restrict the claim exclusively to summary execution under Section 33-C(1). Where entitlement to back wages was already determined by a fina India Law Library Docid # 2453515
(199) SMT. ANGOORI DEVI AND OTHERS Vs. UNION OF INDIA[PUNJAB AND HARYANA HIGH COURT] 22-09-2026 Railways Act, 1989 — Section 124-A Explanation — Bona fide passenger — Validity of ticket — Deceased possessed a valid railway ticket for travel from Ambala Cantt. to Patiala, as verified by Railways' DRM enquiry report — Claims Tribunal erroneously doubted deceased's status on ground that his family was unaware of his whereabouts for several days prior — Held, period during which deceased remained untraced has no bearing on validity of railway ticket purchased subsequently — Deceased establishe India Law Library Docid # 2453516
(200) GURDIP SINGH Vs. HANSA SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 22-09-2026 Motor Vehicles Act, 1988 — Section 166 and 173 — Motor accident claim — Determination of functional disability and loss of future earnings — Claimant sustained grievous head injuries resulting in mild mental retardation, with permanent disability certified at 50% — Assessment of functional disability must be made with reference to earning capacity and impact on daily life — Mental and cognitive deficits substantially impair ability to lead a normal life and engage in gainful manual employment — India Law Library Docid # 2453517