(321) KAMLESH HUKAMCHAND VISHNOI Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 18-09-2026 Immoral Traffic (Prevention) Act, 1956 — Sections 3, 5, 7, and 9 — Code of Criminal Procedure, 1973 — Section 482 — Quashing of FIR qua customer — Raid conducted at hotel where applicant was caught as a customer — Section 3 applies to keeping a brothel, not to customers — Section 5 targets pimps or procurers, not the customer — Section 7 does not apply to a customer, and Section 9 requires misuse of authority or custody to abet seduction, which was completely absent — Customer cannot be prosecut India Law Library Docid # 2453023
(322) PIYUSH GANGASHANKAR VYAS Vs. JAGDISH GANGASHANKAR VYAS AND ANOTHER[GUJARAT HIGH COURT] 18-09-2026 Succession Act, 1925 — Section 63 — Indian Evidence Act, 1872 — Section 68 — Proof of execution of Will — Requirement of attesting witness — Examination of Notary Advocate — Sufficiency of — Under Section 68, a Will cannot be used in evidence unless at least one attesting witness is examined to prove its execution and attestation — Examining only the Notary Advocate who notarized the Will cannot be equated with examining an attesting witness — A Notary merely deposes to the act of notarization a India Law Library Docid # 2453034
(323) JASUMATIBEN NAVALDAS DASANI AND OTHERS Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 18-09-2026 Saurashtra Gharkhed Tenancy Settlement & Agricultural Lands Ordinance, 1949 — Section 54 — Status of Agriculturist — Daughter of an agriculturist — Petitioner purchased agricultural land based on agriculturist status — Brother fraudulently omitted petitioner's name from revenue records concerning ancestral land — Held, petitioner being the daughter of an agriculturist is an agriculturist by birth and a Class I heir/coparcener in ancestral property — Fraudulent omission or deletion of her name do India Law Library Docid # 2453036
(324) KIRANBHAI M GANDHI AND OTHERS Vs. RAMSINH H RAJPUT AND OTHERS[GUJARAT HIGH COURT] 18-09-2026 Constitution of India, 1950 — Articles 226 and 227 — Service Law — Expunction of strictures — Imposition of personal costs on Executive Council members — Former members of University's Executive Council challenged Gujarat Universities Services Tribunal's order using the term "malafide" against them and imposing costs of Rs. 1,500/- each — Contesting parties, including reinstated employee and University, raised no objection to expunging the remarks and setting aside costs — High Court expunged th India Law Library Docid # 2452979
(325) MODERN HOTEL SHAKUNTLA COMPLEX PRIVATE LIMITED AND ANOTHER Vs. SUDHIR GANDOTRA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Constitution of India, 1950 — Articles 226 and 227 — Maintainability of subsequent writ petition — Withdrawal without liberty — Principle underlying Order 23 Rule 1 of Code of Civil Procedure, 1908 — Petitioners challenged an order of Controlling Authority after having earlier filed and withdrawn two separate petitions challenging the same order, the second petition being withdrawn without any liberty to seek further remedies — Held, on grounds of public policy, a subsequent writ petition India Law Library Docid # 2453059
(326) PARDEEP KUMAR Vs. CHANCHALA DEVI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Civil Procedure Code, 1908 (CPC) — Order 16 Rules 1, 2, 4, 5, 6, and 7 — Scope of Rule 7 — Power to require person present in Court to give evidence or produce documents — Petitioner contended that trial court's order directing Patwari present in court to produce revenue records negated Rules 1 to 6 of Order 16 — Held, Rule 7 empowers the court to require any person present in court, whether summoned or otherwise, to give evidence or produce documents in their possession — Rule 7 is an ind India Law Library Docid # 2453060
(327) RAJNEESH KUMAR Vs. RAM PAUL CHOUDHARY[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Negotiable Instruments Act, 1881 — Section 138 — Code of Criminal Procedure, 1973 — Sections 200 and 204 — Issuance of process — Application of judicial mind — Earlier summoning order set aside and matter remitted for fresh consideration — Trial Magistrate revisited the complaint, recorded statements of the complainant and his witness on oath, and examined documentary evidence including cheque, dishonour memo, and demand notice — Held, the Magistrate duly applied mind and passed a well-r India Law Library Docid # 2453062
(328) ORIENTAL INSURANCE CO. LTD. Vs. GHULAM NABI NAIK AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Motor Vehicles Act, 1988 — Section 166 — Assessment of compensation — Determination of notional income — Absence of proof of earnings — The deceased was claimed to be an engineering student earning from agriculture, but no documentary evidence was produced. The High Court held that the Tribunal erred in arbitrarily fixing the income at Rs. 10,000/- per month. In the absence of cogent evidence, the earning capacity of an adult deceased must be determined on the basis of the prevailing statut India Law Library Docid # 2453063
(329) ROSHAN BEGUM AND OTHERS Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Jammu and Kashmir Land Acquisition Act, 1990 — Sections 11 and 11-B — Award by Collector — Finality vs. Tentative proposal — Section 6 declaration issued on 16.08.2017 followed by award dated 04.07.2018 — Collector finalized compensation rates for land without requiring higher authority approval, but labeled the proposal tentative as superstructure valuation was partly pending — Held, the term "tentative award" is a misnomer not contemplated by the Act — Once the Collector finalizes land India Law Library Docid # 2453064
(330) OM PARKASH SHAN Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Constitution of India, 1950 — Article 226 — Government Tenancy — Arrears of rent — Disputed extent of accommodation occupied — Respondent department contended it occupied only one room, relying on an internal inquiry report framed in 2018 after vacating the premises — Overwhelming prior official communications, occupancy certificate, and sketch duly signed by departmental authorities certified occupation of three rooms and a verandah since 1982 — Authenticity of documents was undisputed — India Law Library Docid # 2453065
(331) BALDEV RAJ TH. WIFE BHOLI DEVI Vs. U. T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 18-09-2026 Constitution of India, 1950 — Article 22(5) — Jammu and Kashmir Public Safety Act — Section 13 — Preventive Detention — Delay in deciding representation — Representation submitted on behalf of detenue was retained by Detaining Authority for over five weeks without explanation and disposed of after more than two months — Authorities are duty-bound to consider representation at earliest opportunity with immediacy — Unexplained delay in deciding representation violates procedural safeguards India Law Library Docid # 2453066
(332) MOHD. YOUSUF Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Constitution of India, 1950 — Article 226 — Preventive Detention — Scope of Judicial Review — Detaining authority's jurisdiction — While exercising writ jurisdiction, the High Court cannot investigate the sufficiency of material forming the basis of preventive detention, but is fully competent to inquire whether the detaining authority misconceived or exceeded its powers — Constitutional courts are entitled to examine whether subjective satisfaction was reached with rationality and prudenc India Law Library Docid # 2453067
(333) VAKIL SINGH Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 J.K. Land Revenue Act, 1996 — Section 32 — Land Revenue Rules — Rules 21, 26 and 27 — Correction of Record of Rights — Procedure before Collector — Applicability of Code of Civil Procedure and Natural Justice — While all provisions of the Code of Civil Procedure do not apply to proceedings before Revenue Officers, the Land Revenue Act and Rules constitute a complete code — Collector under Section 32 functions as a quasi-judicial authority determining valuable property rights — Collector India Law Library Docid # 2453068
(334) NEENA SHARMA Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 18-09-2026 Rehbar-e-Taleem Scheme — Closure of Scheme — Protection of candidates' rights — Meaning of "select panel" — Government Order dated 16.11.2018 closed the Rehbar-e-Taleem Scheme — Supreme Court in UT of J&K v. Saba Wani ruled that closure does not retrospectively impair the rights of candidates placed in a select panel — High Court held that a list qualifies as a "select panel" only after it is formally approved by the Directorate following due selection stages — If the selection process ha India Law Library Docid # 2453069
(335) HANS RAJ Vs. KUMARI VANDANA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 18-09-2026 Family Courts Act, 1984 — Ex parte proceedings — Application to recall ex parte order dismissed for default — Non-appearance despite service — Petitioner was proceeded against ex parte in proceedings initiated by wife after failing to appear despite service — Application filed to recall the ex parte order was also dismissed in default as nobody appeared for petitioner in pre-lunch and post-lunch sessions — Held, it is the duty of the litigant to diligently pursue his application — In abse India Law Library Docid # 2453074
(336) JAGDISH AND OTHERS Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 397 — Revisional jurisdiction — Scope and contours — High Court exercising revisional powers does not act as an appellate court and cannot embark on an in-depth roving re-examination of oral and medical evidence — Revisional court considers material only to satisfy itself regarding the correctness, legality, or propriety of the findings, sentence, or order to prevent miscarriage of justice — Concurrent findings of conviction recorded by the tr India Law Library Docid # 2453075
(337) KESHAV CHANDER SHARMA AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 18-09-2026 Service Law — Seniority — Catch-up Rule — Promotion under reservation — Senior general category candidates in feeder cadre were promoted to promotional post of Assistant Engineer after junior reserved category candidates, but before the junior candidates were further promoted to the next higher post of Executive Engineer — Applying Constitution Bench ruling in Ajit Singh (II) v. State of Punjab, senior general category candidates regain their seniority over reserved candidates upon reaching India Law Library Docid # 2453076
(338) M/S MORAL PHARMACEUTICALS PRIVATE LIMITED Vs. THE UNION OF INDIA AND OTHERS[PATNA HIGH COURT] 18-09-2026 Central Goods and Services Tax Act, 2017 — Sections 2(91), 3, 4 and 5 — Assignment of functions of 'Proper Officer' — Validity of Circular Nos. 3/3/2017-GST, 31/05/2018-GST and 169/01/2022-GST — Petitioner challenged competence of Board to assign functions of proper officer to Central Tax Officers, relying on Canon India — Held, Canon India arose under the Customs Act where officers were not officers of customs — Under CGST Act, officers are indisputably officers of central tax appointed under S India Law Library Docid # 2453126
(339) RAKESH KUMAR Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 154 — Successive FIRs — Test of sameness — Permissibility of second FIR — Settled law establishes that no second FIR can be registered in respect of the same incident, occurrence, or incidents forming part of the same transaction. Merely citing different penal provisions or filing at different police stations does not establish a distinct transaction. Subsequent information must be investigated as part of the first FIR. A second FIR is permissible o India Law Library Docid # 2453146
(340) SACHIDANAND CHAUBEY AND ANOTHER Vs. NIRMALA DEVI[PATNA HIGH COURT] 18-09-2026 Bihar Building (Lease, Rent & Eviction) Control Act, 1982 — Section 14(8) — Scope of revisional jurisdiction — Nature and limits — Revisional power under the proviso to Section 14(8), though wider than Section 115 CPC, cannot be exercised as an appellate power to reappreciate evidence or substitute factual findings — High Court's examination is confined to satisfying itself whether the decision is according to law and does not suffer from perversity, misreading of evidence, or gross miscarriage India Law Library Docid # 2453154