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(441) DR.K.BALASUBRAMANINAN Vs. THE SECRETARY TO GOVERNMENT OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT] 17-09-2026
Constitution of India, 1950 — Articles 14, 19, 21 and 226 — Service Law — Belated disbursement of retiral benefits — Entitlement to interest — Claim for interest on delayed payment of revised pay and retirement benefits consequent to notional promotion — Absence of statutory rules or administrative instructions is not a bar to claiming interest — Retiral benefits are not in the nature of a bounty — Employee is entitled to claim interest under Part III of the Constitution based on Articles 14, 19
India Law Library Docid # 2453293

(442) P.THIRUVENGADAME Vs. INDIAN OVERSEAS BANK AND ANOTHER[MADRAS HIGH COURT] 17-09-2026
Indian Overseas Bank (Officers') Service Regulations, 1979 — Regulation 38 — Memorandum of Settlement dated 10.04.2002 — Clause 6(d) — Discharge from service with superannuation benefits — Entitlement to earned leave encashment — Petitioner was discharged from service with superannuation benefits following disciplinary proceedings — Bank denied leave encashment relying on Regulation 38 and Circular dated 13.03.2004 — Held, the expression "superannuation benefits" encompasses all retiral benefits
India Law Library Docid # 2453294

(443) SMT. ALMA Vs. UNION OF INDIA AND OTHERS[RAJASTHAN HIGH COURT] 17-09-2026
Service and Labour Law — Railways — Claim for Pensionary Benefits — Casual Labour with Temporary Status — Indian Railway Establishment Manual, Rule 1501 — Widows of deceased railway employees, who worked as casual Gangman, substitute Khallasi, and TS/Graded Fitter and died while in service, sought pensionary benefits — Held, under Rule 1501 of the Manual, the definition of "temporary railway servant" explicitly excludes casual labour and casual labour having temporary status — Deceased employees
India Law Library Docid # 2453507

(444) STATE OF RAJASTHAN AND ANOTHER Vs. THE RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL AND OTHERS[RAJASTHAN HIGH COURT] 17-09-2026
Constitution of India, 1950 — Articles 226 and 227 — Writ jurisdiction against judicial orders of Civil Court — Executing court passed a judicial order rejecting objections raised by the State — State preferred a writ petition challenging the executing court's order, which came to be dismissed by the Single Judge — Held, judicial orders of a Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution — Supervisory jurisdiction under Article 227 is distinct from extrao
India Law Library Docid # 2453509

(445) KANTA DEVI AND OTHERS Vs. PARSARAM AND ANOTHER[RAJASTHAN HIGH COURT] 17-09-2026
Civil Procedure Code, 1908 — Order 5 Rule 20 — Substituted service — Conditions precedent — Exceptional nature — Trial Court mechanically ordered substituted service through newspaper publication after summons were returned unserved with report that house was locked and defendant was residing elsewhere — Held, absence from a given address or a locked house does not equate to deliberate evasion of service — Substituted service cannot be ordered routinely or mechanically — Court must judicially re
India Law Library Docid # 2453510

(446) SAFIYA KHAN Vs. SHAKOOR KHAN AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-09-2026
Constitution of India, 1950 — Article 227 — Evidence Act, 1872 — Registration Act, 1908 — Admissibility of unregistered instrument — Suit for partition — Unregistered instrument dated 15.04.1981 was initially rejected for want of registration and insufficient stamping — Petitioner subsequently paid deficit stamp duty after impounding — Trial court declined to exhibit the document — Held, once stamp duty deficiency is cured, petitioner is entitled to have the document marked as an exhibit in evid
India Law Library Docid # 2453533

(447) VISHNU KUMAR GUPTA Vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1, JAIPUR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-09-2026
Income Tax Act, 1961 — Sections 119(2)(b), 245A(b), and 245C(5) — Settlement of Cases — Scope of executive instructions — CBDT Order dated 28.09.2021 extended time to file settlement applications before Interim Board till 30.09.2021, but restricted eligibility to assessees eligible as on 31.01.2021 — Held, Section 119(2)(b) confers power to relax statutory rigour and relieve hardship, not to impose a fresh disqualification or burden contrary to statute — Act requires pendency of a case on the da
India Law Library Docid # 2453502

(448) ATMARAM AND OTHERS Vs. TRICON PROJECT INDIA LIMITED THROUGH AUTHORISED SIGNATORY RAHUL SHARMA AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-09-2026
Civil Procedure Code, 1908 (CPC) — Section 99 — Representation of Company — Absence of Authorization Letter — Curable defect — Suit instituted by company's employee who negotiated and signed contract on its behalf — No objection raised in written statement nor issue framed by Trial Court — Defect of not placing formal authorization on record is curable and does not affect merits or jurisdiction of Court — Appellate court will not reverse decree on technical grounds unless it results in failure o
India Law Library Docid # 2454009

(449) BHAGATRAM S/O BHANWARLAL PATIDAR DECEASED THROUGH LEGAL REPRESENTATICES SHARDABAI AND OTHERS Vs. BABULAL AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 17-09-2026
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 and Rule 28 — Production and taking of additional evidence in appellate court — Suit for perpetual injunction dismissed on ground of failure to prove renumbering of suit land — First appellate court allowed application under Order 41 Rule 27 admitting certified copy of official renumbering list obtained from revenue department — Held, the document was material and had direct bearing on the outcome of the case — First appellate court possessed s
India Law Library Docid # 2454016

(450) PAWAN KUMAR RAI Vs. THE DIRECTOR GENERAL OF POLICE (BATTALION) AND OTHERS[MADHYA PRADESH HIGH COURT] 17-09-2026
Service Law — Departmental Enquiry vs. Criminal Proceedings — Impact of acquittal — Petitioner, a police constable, was removed from service following a departmental enquiry — One departmental charge arose from the same incident and was substantially identical to criminal charges where petitioner was acquitted — Held, where departmental charges and criminal proceedings arise from the same transaction, evidence, and witnesses, subsequent criminal acquittal assumes significant importance in judici
India Law Library Docid # 2454030

(451) VAISHALI DHURVEY AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 17-09-2026
Court Fees Act, 1870 — Section 17 — Joint Writ Petition — Separate Causes of Action — Exemption from court fees — Petitioners challenged conditions in their respective appointment orders restricting probation salary to 70%, 80%, and 90% of the pay scale and sought individual payment of differential salary — Application for court fees exemption was filed — Held, where the liability or relief sought is to be granted individually and separately, each petitioner possesses an independent cause of act
India Law Library Docid # 2454032

(452) ASSOCIATED ALCOHOLS AND BREWERIES LIMITED AND OTHERS Vs. UNION OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 17-09-2026
Competition Act, 2002 — Sections 3, 18, 19 and 26 — Constitution of India, 1950 — Seventh Schedule, List II Entries 8 and 51 — Madhya Pradesh Excise Act, 1915 — Jurisdiction of CCI over liquor manufacturers — Petitioners contended that exclusive State competence over potable alcohol ousted jurisdiction of the Competition Commission of India — Held, State excise laws strictly regulate licensing, manufacture, and revenue collection, but create no mechanism to examine anti-competitive conduct — Com
India Law Library Docid # 2454034

(453) MRS. SIMMI PANDEY Vs. M/S METROCORP[KARNATAKA HIGH COURT] 17-09-2026
Arbitration and Conciliation Act, 1996 — Section 8 — Reference to arbitration — Requirement of parties being signatories — An application under Section 8 seeking reference of the dispute to arbitration can be granted by a judicial authority only if all parties to the suit are signatories or parties to the arbitration agreement — Where certain defendants are neither parties nor signatories to the agreements of sale containing the arbitration clause, the statutory requirements for referral to arbi
India Law Library Docid # 2454057

(454) SURESH KUMAR M S Vs. NAGESH G[KARNATAKA HIGH COURT] 17-09-2026
Motor Vehicles Act, 1988 — Section 149 — Breach of policy condition — Driving licence not current on date of accident — Pay and recover principle — Offending vehicle's driver held a driving licence that expired prior to the date of accident and was renewed about a year later — Tribunal absolved insurer and held owner solely liable — Held, where a driving licence is not current on the date of accident and renewed subsequently, insurer cannot be held finally liable, but is liable to satisfy the aw
India Law Library Docid # 2454074

(455) SMT PRABHA AND ANOTHER Vs. SMT. CHIKKATHAYAMMA AND OTHERS[KARNATAKA HIGH COURT] 17-09-2026
Evidence Act, 1872 — Section 114 — Non-appearance of party in witness box — Adverse inference — Written statement filed disputing plaintiff's status as Class-I heir — Defendants failed to step into witness box or lead any defence evidence — Held, where a party abstains from entering the witness box to state their case on oath and offer themselves for cross-examination without proper explanation, a presumption arises that the case set up is incorrect — Trial Court and First Appellate Court misdir
India Law Library Docid # 2454080

(456) STATE OF HIMACHAL PRADESH Vs. JEET RAM AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 16-09-2026
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 20 and 29 — Search and Seizure — Implausibility of prosecution story — Contraband allegedly recovered from a bag on a motorcycle — Claim that pillion rider alighted and escaped up a steep hillock during a high-speed vehicle chase within 20 meters, while police failed to pursue her and the bag remained balanced on the seat during subsequent flight, held unbelievable — In the absence of independent witnesses, material discrepancies in
India Law Library Docid # 2452449

(457) LOKESH SHARMA AND OTHERS Vs. STATE OF HP AND OTHERS[HIMACHAL PRADESH HIGH COURT] 16-09-2026
Service Law — Regularization — Parity with juniors — Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 struck down as ultra vires following Devinder Kumar case — Petitioners were appointed on contract basis via direct recruitment in December 2014, whereas PTA-GIA teachers were converted to contract service in January 2015 — PTA-GIA teachers were regularized w.e.f. 01.04.2018 — Held, petitioners being senior even as contract employees cannot be treated preju
India Law Library Docid # 2452458

(458) TIGERHILL VINIMAY PRIVATE LIMITED AND OTHERS Vs. PANKAJ LADIA[CALCUTTA HIGH COURT] 16-09-2026
Negotiable Instruments Act, 1881 — Sections 118(a) and 139 — Criminal Procedure Code, 1973 (CrPC) — Sections 397, 401 and 482 — Dishonour of cheque — Statutory presumption — Scope of interference — Petitioners admitted issuance and execution of cheque during land purchase negotiations, but claimed transaction was orally cancelled due to defective title — Held, once issuance and signatures on cheque are admitted, statutory presumption arises that it was drawn for consideration and towards dischar
India Law Library Docid # 2452525

(459) THAKUR ASHOK KUMAR PRASAD Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 16-09-2026
Service Law — Disciplinary Proceedings — Natural Justice — Supply of Enquiry Report — Constitution of India, Article 311(2) — Petitioners dismissed under Rule 76 of Bihar Service Code following ex-parte proceedings without receiving enquiry report prior to penalty — Held, receiving enquiry officer's report is an indispensable facet of reasonable opportunity and natural justice — Employee must be given opportunity to controvert findings before disciplinary authority takes decision — Failure to su
India Law Library Docid # 2452526

(460) DR. SWAPAN GARAIN Vs. TATA INSTITUTE OF SOCIAL SCIENCES AND OTHERS[BOMBAY HIGH COURT] 16-09-2026
Central Civil Services (Conduct) Rules, 1964 — Rule 3 and Rule 15 — Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Misconduct — Running parallel placement service and engaging in private trade — Professor created an alumni WhatsApp group sharing job opportunities without permission — Inquiry Authority found petitioner guilty of commercial trade — Scope of judicial review — Held, findings were perverse as no evidence showed petitioner charged fees or derived personal ga
India Law Library Docid # 2452527

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