(381) HMT LIMITED Vs. C. RAJAMMA[KARNATAKA HIGH COURT] 18-09-2026 Arbitration and Conciliation Act, 1996 — Section 37 and Section 34 — Scope of appellate interference — Contract Act, 1872 — Breach of contract — Force Majeure — Appellant failed to provide assured workload to entrepreneurs who took voluntary retirement to establish ancillary units — Appellant pleaded market competition and working capital shortages as force majeure, asserting waiver by claimants — Held, appellate jurisdiction under Section 37 is narrower than Section 34 and precludes reappreciat India Law Library Docid # 2454083
(382) SHRI. GAJENDRA BABU AND OTHERS Vs. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, CHIKKAJALA POLICE STATION AND ANOTHER[KARNATAKA HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 143, 147, 323, 341, 447, 506 and 149 — Quashing of criminal proceedings — Dispute predominantly civil in nature — Parties were family members engaged in a pending civil suit regarding property partition — Altercation occurred over parking a vehicle, leading to cross-complaints — Criminal process cannot be permitted to become a weapon of harassment or coercion in property disputes — Giving criminal colour to a India Law Library Docid # 2454107
(383) SRI. BHASKAR RAO P.K AND OTHERS Vs. SMT. LATHA N[KARNATAKA HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Protection of Women from Domestic Violence Act, 2005 — Section 12 — Quashing of domestic violence proceedings — Non-issuance of notice to co-accused relatives — Effect — Magistrate issued notice solely to husband and mother-in-law, observing no allegations were made against brother-in-law and father-in-law — Petition filed under Section 482 Cr.P.C. by all relatives seeking quashing — Held, petition seeking quashing of proceedings insofar as br India Law Library Docid # 2454116
(384) PREM MEHANI AND ANOTHER Vs. HARISH BATRA AND OTHERS[DELHI HIGH COURT] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(a) and (d) — Rejection of Plaint — Cause of Action and Limitation — Suit seeking to set aside a consent decree on grounds of fraud and concealment — Plaintiffs had full knowledge of the Agreement to Sell (ATS) and the pending suit for specific performance as far back as 2006 and 2008, yet failed to initiate legal proceedings or seek impleadment to assert their rights under a family settlement India Law Library Docid # 2452615
(385) BAMBAM MUKHIYA @ GOVIND MUKHIYA Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 17-09-2026 Penal Code, 1860 (IPC) — Section 376(2)(i) — Protection of Children from Sexual Offences Act, 2012 — Sections 4 & 6 — Penetrative sexual assault / rape of minor child — Evidentiary value of sole testimony of child prosecutrix — Core narrative remained consistent across fardbeyan, Section 164 CrPC statement, and court deposition — Minor variations regarding state of consciousness post-incident and exact arrival time of relative attributable to severe trauma and age — Held, sole testimony of a cre India Law Library Docid # 2452616
(386) UDAY MAHTO Vs. STATE OF BIHAR[PATNA HIGH COURT] 17-09-2026 Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — Arms Act, 1959 — Section 27 — Identification of accused — Benefit of doubt — FIR was initially registered against 20–25 unknown persons resulting in a final report as "true but no clue" — Case proceeded on a protest petition treated as a complaint — Accused identified for the first time by injured witness four days after the incident upon regaining consciousness — Material contradictions existed between testimonies of injured witness and India Law Library Docid # 2452617
(387) TAPASWINI MOHANTY Vs. JAYANTA KUMAR MOHANTY[ORISSA HIGH COURT] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of matrimonial proceedings — Convenience of wife — Husband instituted divorce proceeding under Section 13 of Hindu Marriage Act, 1955 before Family Court, Bhadrak — Petitioner-wife sought transfer to Family Court, Balasore citing desertion, lack of income, care of minor child, and dependence on aged father — Husband was financially affluent and already contesting a maintenance proceeding under Section 125 Cr.P.C. at Balasore — Held, in mat India Law Library Docid # 2452657
(388) ZUBAIR ALTAF SHEIKH Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 17-09-2026 Jammu and Kashmir Public Safety Act, 1978 — Section 8 — Preventive Detention — Stale Material — Snapping of Live and Proximate Link — Detention order passed in 2025 reviving an incident covered by an FIR from 2022 — Earlier detention order based on the same FIR was quashed in 2024 — Detenue was gainfully employed in another State during the relevant period — Held, subjective satisfaction cannot be founded on stale material lacking a proximate nexus with the imperative need to detain — Passage of India Law Library Docid # 2452658
(389) SUBRATA CHOWDHURY @ SUBRATA CHOWDHURI Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 17-09-2026 Penal Code, 1860 (IPC) — Sections 406 and 420 — Cheating and criminal breach of trust — Essential ingredients — Agreement for sale of immovable property — Failure to execute conveyance deed or refund money — To sustain a charge under Section 420, dishonest or fraudulent intention must exist at the inception of the contract, and a subsequent breach cannot metamorphose into cheating — Payment of advance consideration under an agreement for sale represents a reciprocal contractual obligation and do India Law Library Docid # 2452659
(390) SRI SUBRATA SEN Vs. SMT. SHELLY JAISWAL AND ANOTHER[CALCUTTA HIGH COURT] 17-09-2026 West Bengal Premises Tenancy Act, 1997 — Section 7(2) — Dispute as to arrears of rent — Genuineness of dispute — Application for determination of rent arrears — A dispute under Section 7(2) must be bona fide and genuine — Total absence of evidence in support of tenant's plea of incurring expenses for repairs to be adjusted against rent warrants an inference that the dispute is sham — A sham or moonshine dispute is legally equivalent to no dispute — In such cases, the court is not required to det India Law Library Docid # 2452660
(391) NAMMA WHITEFIELD RWA FEDERATION TRUST Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Section 11 — Constitution of India, 1950 — Article 226 — Res Judicata — Finality of litigation — State challenged 1980 Land Tribunal grant claiming land was tank bed and Tribunal lacked jurisdiction — Prior civil suit had declared private respondent owner holding land was Hiduvali land, which attained finality up to Supreme Court — Held, issues concerning nature of land and validity of grant were directly scrutinized and adjudicated in prior proceedings — Princ India Law Library Docid # 2452661
(392) RAHUL CHOUDHARY Vs. SUDHIR HIRAWAT AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Order XXI Rule 58 — Adjudication of claims and objections to attachment — Requirement of recording oral evidence — Scope and Applicability — Held, while an adjudication under Rule 58 is not summary and disallows a separate suit once decided on merits, it does not invariably mandate recording oral evidence in every case — Evidence is necessary only where a genuinely disputed question of fact exists which, if decided in the objector's favour, would entitle him to India Law Library Docid # 2452673
(393) JASLEEN KAUR SIDHU Vs. SHIKHAR KACKER[UTTARAKHAND HIGH COURT] 17-09-2026 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental cruelty — Proof and threshold — Standard of proof in matrimonial disputes is based on preponderance of probabilities and not proof beyond reasonable doubt — Mental cruelty cannot be evaluated in isolation and requires assessment of the cumulative effect of matrimonial life — Persistent pressure by one advocate-spouse on another to abandon corporate practice, accompanied by repeated public humiliation before colleagues and sustained attempts t India Law Library Docid # 2452674
(394) ATMARAM AND OTHERS Vs. TRICON PROJECT INDIA LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Section 99 — Suit on behalf of company — Absence of formal authorization letter — Defect curable — The omission to file a formal authorization letter or board resolution by an authorized representative who executed the contract and managed transactions is a curable technical defect. Such an objection, not raised in the written statement, cannot be entertained for the first time in appeal. Under Section 99 CPC, no decree shall be reversed or varied on technical India Law Library Docid # 2452675
(395) GEETANJALI KULKARNI Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 17-09-2026 Service Law — Educational Institutions — Claim for trained graduate pay scale — Acquisition of higher qualification during service — Requirement of appointment against sanctioned post — Petitioner joined as Assistant Teacher with S.S.C. D.Ed. qualification and acquired B.A., B.Ed. during service — Petitioner sought fixation of pension and salary arrears on the basis of B.Ed. pay scale — Held, mere acquisition of higher qualification during service does not automatically entitle a teacher to the India Law Library Docid # 2452676
(396) RAJKUMAR ASSUDOMAL GURBANI Vs. VIJAY GULAB GURBANI AND ANOTHER[BOMBAY HIGH COURT] 17-09-2026 Indian Succession Act, 1925 — Section 63(c) — Evidence Act, 1872 — Section 68 — Proof of due execution of Will — Mental capacity vs. Physical infirmity — Propounder proved execution through two attesting witnesses, including testator's long-standing physician who confirmed testator was of sound disposing mind — Caveators argued testator suffered from prostate cancer and paralysis below waist — Held, physical infirmity does not equate to testamentary incapacity — Law does not require perfect phys India Law Library Docid # 2452677
(397) ASSOCIATED ALCOHOLS AND BREWERIES LIMITED Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 17-09-2026 Constitution of India — Seventh Schedule, List II, Entries 8 & 51 and List III, Entry 21 — Competition Act, 2002 — Sections 3 and 4 — Madhya Pradesh Excise Act, 1915 — Jurisdiction of Competition Commission of India over potable liquor: Exclusive state legislative power over intoxicating liquors does not oust the jurisdiction of the Competition Commission of India (CCI). The MP Excise Act and the Competition Act operate in distinct fields. Unlike sectors governed by statutory regulators like TRA India Law Library Docid # 2452679
(398) UNITED AIR EXPRESS Vs. SANJAY KUMAR AGARWAL AND OTHERS[CALCUTTA HIGH COURT] 17-09-2026 Tender Law — Public Procurement Policy for Micro and Small Enterprises (MSEs) — Price Matching — Procedural Impropriety — Tender issued by SAIL on GeM portal mandated that where L-1 was a non-MSE, purchase preference must be extended to an eligible MSE bidder within L1+15% to match the L-1 price. Petitioner, an eligible MSE, was denied price matching due to portal limitations, despite GeM instructing SAIL to conduct the exercise offline. Award of contract to L-1 bidder without offering price mat India Law Library Docid # 2452623
(399) DIRECTOR GENERAL WORKS CPWD Vs. THE GEN.SEC.ALL INDIA CPWD EMP[DELHI HIGH COURT] 17-09-2026 Industrial Disputes Act, 1947 — Section 25-B — Public Employment — Daily-rated workers — Retrospective Regularisation — Tribunal directed conferment of regular status after one year of initial daily-rated engagement — Held, regular recruitment through prescribed process is the rule in public employment — Casual or daily-rated engagement not against sanctioned posts cannot be regularised merely by efflux of time or completion of 240 days of continuous service — Section 25-B continuous service doe India Law Library Docid # 2452915
(400) MARK SPLENDOUR NONWOVENS (P) LTD. Vs. RAKESH GUPTA[DELHI HIGH COURT] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Section 20(c) — Territorial Jurisdiction — Contractual dispute — Debtor must seek creditor — Place of payment — Defendant contended courts at Bhiwadi alone had jurisdiction as negotiations took place and goods were received there — Held, part of the cause of action arose in Delhi as goods were supplied from Delhi and, in the absence of an agreed place of payment, the debtor was required to pay the creditor at his place of business — Jurisdiction clause on invoi India Law Library Docid # 2452916