(461) ARVIND BHARDWAJ Vs. NETTAR SINGH[HIMACHAL PRADESH HIGH COURT] 23-02-2026 Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Ingredients of offence — Drawing of cheque for discharge of debt or liability, presentation, dishonour for insufficient funds or stop payment, giving written notice to drawer, and failure of drawer to pay within 15 days of notice — All ingredients must be proved. India Law Library Docid # 2440496
(462) NIKI PARMAR @ JOGI Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 23-02-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Regular Bail — Petitioners incarcerated for two months in a case under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 — Investigation is complete, and nothing remains to be recovered — Reason for opposing bail is non-arrest of a co-accused, India Law Library Docid # 2440497
(463) SHANKAR LAL Vs. UNION OF INDIA THROUGH WESTERN CENTRAL RAILWAY JABALPUR[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 23-02-2026 Railways Act, 1989 — Section 124A — Compensation for untoward incidents — Bona fide passenger — Absence of ticket — Mere absence of a ticket with the deceased does not automatically disqualify a claim for compensation if the deceased was a bona fide passenger. The initial burden of proof lies with the claimant, which India Law Library Docid # 2440195
(464) UNITED INDIA INSURANCE CO.LTD. Vs. DEEPMALA AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 23-02-2026 Motor Vehicles Act, 1988 — Section 146 — Compulsory Third-Party Insurance — Liability of Insurer for Trailer Accidents — The insurer of a tractor is liable for compensation in an accident caused by the tractor pulling an uninsured trailer, as the tractor's operation was the proximate cause of the accident. India Law Library Docid # 2440320
(465) VIJAY KUMAR Vs. STATE OF HP AND OTHERS[HIMACHAL PRADESH HIGH COURT] 23-02-2026 Office Orders — Withdrawal — Withdrawal of office order dated 28.03.2025 by subsequent office order dated 27.08.2025 renders original grievance infructuous — Petitioner's grievances redressed by withdrawal of impugned order. India Law Library Docid # 2440388
(466) HIMANSHU DILIP KULKARNI Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 23-02-2026 Habeas Corpus petition — Maintainability — Child custody dispute between parents — High Court has held that writ of habeas corpus is maintainable only where detention of a minor is illegal and without authority of law, and not for mere examination of legality of custody — In cases of dispute between husband and wife India Law Library Docid # 2440389
(467) STATE OF CHHATTISGARH Vs. SMEC INTERNATIONAL[CHHATTISGARH HIGH COURT] 23-02-2026 Arbitration and Conciliation Act, 1996 — Section 37 — Appeal against order returning application for want of jurisdiction — An order returning an application under Section 34 for presentation before the competent Court due to lack of jurisdiction is a procedural order and not an appealable order under Section 37(1)(c) of the Act, which only allows appeals against orders setting aside or refusing to set aside an arbitral award. — India Law Library Docid # 2440641
(468) PHULSUNDARI Vs. RAMBAI AND OTHERS[CHHATTISGARH HIGH COURT] 23-02-2026 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside ex-parte decree — Explanation to Order 9 Rule 13 CPC is crucial — If an appeal against an ex-parte decree is disposed of on any ground other than its withdrawal, an application under Order 9 Rule 13 CPC for setting aside the ex-parte decree is not maintainable — Doctrine of India Law Library Docid # 2440642
(469) HEMANT KUMAR SAHU AND OTHERS Vs. ASHWANI KUMAR AND OTHERS[CHHATTISGARH HIGH COURT] 23-02-2026 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 — Allowing additional evidence and remanding case — First Appellate Court allowed application for additional evidence and remanded case to trial court — Held, First Appellate Court is justified in taking recourse to powers under Order 41 Rule 23A CPC for remanding the case — No fault in exercise of such power can be attributed to the appellate court — Once the first appellate court formed an opinion to remand the case, it was required to give r India Law Library Docid # 2440643
(470) PAL SAI AND OTHERS Vs. GIRVAR AND OTHERS[CHHATTISGARH HIGH COURT] 23-02-2026 Limitation Act, 1963 — Article 65 — Suit for possession based on title — Adverse possession — Mutation entries are fiscal and do not confer title — Permissive possession does not become adverse without repudiation of true owner's title — Burden of proving adverse possession is on defendant — Defendants failed to prove hostile possession or India Law Library Docid # 2440644
(471) SMT. USHA Vs. SHRI KALUA RAM AND OTHERS[ALLAHABAD HIGH COURT] 23-02-2026 Hindu Succession Act, 1956 — Section 6 — Amendment of 2005 — Applicability — Daughter's right in coparcenary property — Agricultural land's status change from agricultural to Abadi — Hindu Succession Act applicable only after declaration as Abadi — Daughter can assert right from 09.09.2005 and not prior. India Law Library Docid # 2440790
(472) S.B.I. STRESSED ASSETS RECOVERY BRANCH THRU. CHIEF MANAGER SHRI AMIT KUMAR SINGH AND ANOTHER Vs. M/S G.S.M. BRICKS AND TILES THRU. PROPRIETOR MRS. MANPREET KAUR AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-02-2026 Constitution of India, 1950 — Articles 226 and 227 — Writ petition against order of Debt Recovery Tribunal (DRT) — Maintainability — Special appeal against Single Judge’s order quashing DRT order — Maintainable as DRT constituted under Parliament's power on banking India Law Library Docid # 2440791
(473) NOORI AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 23-02-2026 Constitution of India, 1950 — Article 21 — Right to Life and Personal Liberty — Right to live with a person of one's choice, irrespective of religion, is an integral part of Article 21 — Interference in personal relationships of consenting adults is a direct encroachment on their fundamental right to freedom of choice — The State has a positive obligation to protect the life and liberty of its citizens, even against familial India Law Library Docid # 2440822
(474) RAJENDRA KRISHNALAL SANDHU Vs. BATUKBHAI BALABHAI PATEL[GUJARAT HIGH COURT] 23-02-2026 Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Substantial Question of Law — The questions of law raised by the appellant were found to be questions of fact, not substantial questions of law, as defined by Supreme Court judgments in State Bank of India & Ors — vs — S.N — Goyel and Hero Vinoth vs — Seshammal — The appeal was dismissed as it did not involve any substantial question of India Law Library Docid # 2440956
(475) SHANKARBHAI G NAYI AND OTHERS Vs. STATE OF GUJARAT THRO SECRETARY AND OTHERS[GUJARAT HIGH COURT] 23-02-2026 Constitution of India, 1950 — Article 226 — Writ of Mandamus — Recovery order — Quashing and setting aside of — Daily wagers — Excess payment — Recovery impermissible from Class IV employees in absence of fraud or misrepresentation — No reason to deny relief on equity. India Law Library Docid # 2440959
(476) BHAVESHBHAI MAVJIBHAI VALIYA Vs. THE STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 23-02-2026 Limitation Act, 1963 — Condonation of Delay — Sufficient Cause — Acquittal in Criminal Proceedings — The applicants delayed filing appeals seeking condonation due to awaiting outcome of criminal proceedings arising from the same facts leading to departmental action — Post-acquittal, departmental review processes and further representations led to the significant delay — The Court, considering the liberal India Law Library Docid # 2440960
(477) AMRUTLAL MANGALDAS PATEL Vs. LHS OF DECD. PATEL RAMBHAI ATMARAM AND OTHERS[GUJARAT HIGH COURT] 23-02-2026 Limitation Act, 1963 — Suit for specific performance of agreement to sell — Agreement to sell was executed on 25.01.1995 — Suit filed on 08.04.2010, after more than 15 years — Suit held to be time-barred. India Law Library Docid # 2440962
(478) MANOJKUMAR KANUBHAI PATEL (DECEASED) AND OTHERS Vs. GUJARAT MARITIME BOARD AND OTHERS[GUJARAT HIGH COURT] 23-02-2026 Constitution of India, 1950 — Article 14 — Discrimination — Regularization of services of work-charge employees — Petitioners, appointed as work-charge Assistant Engineers, were not absorbed into permanent establishment till their retirement, while juniors belonging to reserved category were regularized — This unequal treatment amounted to discrimination violative of Article 14. India Law Library Docid # 2441043
(479) MAHESH DHARAMSHI PRAJAPATI Vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2(2), AHMEDABAD[GUJARAT HIGH COURT] 23-02-2026 Income Tax Act, 1961 — Section 148 — Notice to reopen assessment — Limitation — Petitioner challenged notice under Section 148 seeking to reopen assessment for AY 2014-15 on grounds of limitation — Search action conducted on 08.02.2024 — Petitioner contended notice barred by limitation under Section 153A as the ten-year period ends at AY 2015-16 — Respondent contended ten-year period should exclude search year — India Law Library Docid # 2441044
(480) TAMIZHMANI Vs. STATE REP BY DEPUTY SUPERINTENDENT OF POLICE, MAILAM POLICE STATION, VILLUPURAM[MADRAS HIGH COURT] 23-02-2026 Penal Code, 1860 (IPC) — Section 498A — Cruelty — For cruelty under Section 498A, harassment must be with a view to coercing to meet unlawful demand for property or valuable security — Harassment simpliciter is not cruelty under this section — Supreme Court’s interpretation in M — Madhusudan Rao case confirmed. India Law Library Docid # 2441563