(641) M/S WINNER CONSTRUCTION PVT. LTD. Vs. M/S TEXAS RESOURCES PVT. LTD.[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-09-2026 Arbitration and Conciliation Act, 1997 — Section 11(6) — Maintainability of petition — Authority to institute proceedings — Respondent challenged petition for appointment of arbitrator, alleging it was filed by an incompetent person without valid corporate authorization — Board of Directors had passed a resolution expressly empowering the representative to institute civil suits, petitions, and applications in the State — Held, the representative was fully authorized to file the Section 11 petiti India Law Library Docid # 2452269
(642) VIKRANT KOTWAL Vs. U.T. OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-09-2026 Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Governing principles — Bharatiya Nyaya Sanhita, 2023 — Sections 69, 83, 88, and 115(2) — Grant of anticipatory bail is a discretionary relief guided by the nature and gravity of proposed charges, context leading to allegations, risk of absconding, and prima facie genuineness of the accusations — Accused is entitled to the presumption of innocence — Gravity of the offence alone is not an absolute bar to pre-arrest bail where a prima facie India Law Library Docid # 2452271
(643) IRSHAD AHMAD WANI Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 11-09-2026 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 — Section 3 — Constitution of India — Article 22(5) — Preventive Detention — Scope of Judicial Review — Court does not sit in appeal over the subjective satisfaction of the detaining authority, and judicial review is confined to the decision-making process rather than the sufficiency of material. Article 22(5) is satisfied when grounds disclose pertinent factual material enabling effective representation. Every India Law Library Docid # 2452274
(644) BASHARAT MEHMOOD Vs. UNION TERRITORY OF JAMMU AND KASHMIR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 11-09-2026 Constitution of India, 1950 — Article 22(5) — Jammu and Kashmir Public Safety Act, 1978 — Section 8 — Preventive detention — Unexplained delay in deciding representation — Detenu submitted representation against detention order, which was rejected after an unexplained delay of approximately 43 days — Respondents failed to place on record any cogent or satisfactory explanation for such delay — Right to make representation carries corresponding constitutional obligation on competent authority to c India Law Library Docid # 2452279
(645) S. SUNDARAMOORTHY AND ANOTHER Vs. BALUSAMI[MADRAS HIGH COURT] 11-09-2026 Limitation Act, 1963 — Section 5 — Condonation of delay — Application to set aside ex-parte decree — Delay of 567 days — First defendant claimed native treatment for jaundice caused three-month immobility — Held, native treatment lacked proof, and no explanation was provided for the nearly two-year period of subsequent inactivity — Defendants, fully aware of the serious specific performance suit, acted casually and alienated the property in the interregnum — A litigant owes a duty to diligently India Law Library Docid # 2452280
(646) ARUMUGAM Vs. BHUVANESWARI AND OTHERS[MADRAS HIGH COURT] 11-09-2026 Registration Act, 1908 — Sections 17 and 49 — Indian Stamp Act, 1899 — Schedule I, Article 5(j) — Panchayat Partition Agreement — Admissibility — Agreement contemplating future registered instrument — Lower courts held the document inadmissible for being unstamped and unregistered — Held, nomenclature and recitals demonstrate that the document was an agreement recording terms of a panchayat partition and contemplating the execution and registration of a partition deed in future — Such an agreeme India Law Library Docid # 2452281
(647) K.M.SIVASAMY Vs. THE DISTRICT COLLECTOR AND OTHERS[MADRAS HIGH COURT] 11-09-2026 Indian Telegraph Act, 1885 — Section 16 — Electricity Act, 2003 — Section 68(1) — Permission to erect transmission lines — Government poramboke lands, cart tracks, and water bodies — Contention that Section 16 applies solely to overcome resistance from private landowners — Held, the District Collector, as the authority administering government lands, is fully empowered to permit and regulate their use for public utility purposes in the larger public interest — Choosing Section 16 as the permissi India Law Library Docid # 2452282
(648) KURALARASAN Vs. STATE[MADRAS HIGH COURT] 11-09-2026 Protection of Children from Sexual Offences Act, 2012 — Sections 2(d), 5(l) and 6 — Indian Penal Code, 1860 — Section 366 — Proof of age — Insignificance of consent — Prosecution produced school admission register, transfer certificate, and school certificate supported by testimony of Headmistress, establishing victim's age as 15 years on dates of occurrence — Victim proved to be a child under Section 2(d) — Once minority is established, question of consent becomes insignificant — Accused forcib India Law Library Docid # 2452283
(649) RAJESH VADHRYA AND ANOTHER Vs. ULHASNAGAR MUNICIPAL CORPORATION AND OTHERS[BOMBAY HIGH COURT] 11-09-2026 Maharashtra Municipal Corporations Act, 1949 — Schedule D, Chapter II, Paragraph 1(c) — Bombay General Clauses Act, 1904 — Section 21 — Power of Mayor to convene and postpone meetings — Implicit authority — Scope of exercise — Authority of the Mayor to fix the day, time, and place of a meeting includes the power to postpone or rescind it — Such power is not absolute or unfettered and must be exercised bona fide, lawfully, and within the statutory framework — Any exercise of power to postpone a m India Law Library Docid # 2452284
(650) JOSE M.P. Vs. STATE OF KERALA[KERALA HIGH COURT] 11-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Arrest — Non-compliance with statutory formalities — Procedure to be followed by courts — When an arrest is illegal for failure to observe formalities such as non-furnishing grounds of arrest or notice, there is no arrest or custody in the eye of law — Accused is relegated to the pre-arrest stage — Granting bail or taking bail bonds in such circumstances is legally impermissible — Courts must set the accused at liberty forthwith without bail — Courts mu India Law Library Docid # 2452285
(651) DR. BHAKTI DEEPAK CHAUDHARY AND OTHERS Vs. VASAI VIRAR CITY MUNICIPAL CORPORATION AND ANOTHER[BOMBAY HIGH COURT] 11-09-2026 Service Law — Regularization of Contractual Employees — Maharashtra Municipal Corporations Act, 1949 — Petitioners appointed on contractual basis as doctors and healthcare staff through public advertisements and selection committee — Rendered continuous service for 8 to 11 years with technical artificial breaks — Perennial nature of work — Held, appointments made through open selection process cannot be termed illegal or back-door entries — Employer cannot indefinitely continue employees on cont India Law Library Docid # 2452286
(652) BIPIN KANTILAL KAPADIA Vs. THE STOCK EXCHANGE BOMBAY[BOMBAY HIGH COURT] 11-09-2026 Securities Law — Stock Exchange Transactions — Annulment of trade by Exchange — Right to refund of deposited funds — Appellant purchased shares through Clearing House and deposited full purchase consideration — Exchange subsequently annulled the transactions of selling broker due to fictitious trades and returned shares to seller — Exchange thereafter insisted Appellant take delivery — Held, once trade was annulled, it ceased to exist and trading in such shares was impossible — Exchange's demand India Law Library Docid # 2452287
(653) INDIAN OVERSEAS BANK Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 11-09-2026 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 26E — Priority of claims — Dues of secured creditor versus State revenue — Petitioner-bank held a valid equitable mortgage over borrower's land, duly registered with CERSAI — Revenue authorities attached and auctioned the property for government dues without CERSAI registration — Non-obstante clause in Section 26E gives secured creditor priority over all revenues, taxes, cesses, and gov India Law Library Docid # 2452288
(654) SAJI @ SAJEEVAN Vs. STATE OF KERALA[KERALA HIGH COURT] 11-09-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B) — Custody of Contraband — Delay by Court in Forwarding Samples to Laboratory — Contraband produced before the Court the day after seizure in sealed condition and forwarded to the Forensic Science Laboratory after a delay of over two weeks — Held, when contraband is lodged in the safe custody of the Court, the possibility of tampering is too remote unless substantiated by convincing materials — Delay by the Court due to t India Law Library Docid # 2452295
(655) DR. DHRUV ALOK Vs. MEERA KUMARI[JHARKHAND HIGH COURT] 11-09-2026 Family Courts Act, 1984 — Section 19(1) — Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Scope and powers of High Court — Appellate jurisdiction under Section 19(1) lies on both facts and law, functioning as a rehearing of the original suit — High Court is entitled to reappraise, reappreciate, and review the entire oral and documentary evidence — Interference with findings of the trial court is warranted only when such findings suffer from perversity, being unsupported by evidenc India Law Library Docid # 2452426
(656) ANSHUMAN SHARMA Vs. SATHI BHANDARI[JHARKHAND HIGH COURT] 11-09-2026 Special Marriage Act, 1954 — Section 27(1)(d) — Dissolution of marriage — Cruelty — Standard of proof — Appellant-husband sought divorce alleging mental cruelty by respondent-wife — Held, to establish cruelty, conduct must be grave and persistent, rendering it intolerable to continue matrimonial cohabitation — Trivial irritations and normal wear and tear do not constitute cruelty — Appellant made only bald assertions without citing specific instances, which remained wholly unsubstantiated by wit India Law Library Docid # 2452428
(657) CHANDRBHAN SAHU Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-09-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 18, 18-A and 14-A(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Anticipatory bail — Maintainability — Statutory bar — Scope of inquiry — While considering an application for anticipatory bail involving offences under the SC/ST Act, the Court is required to ascertain whether a prima facie case is made out from the allegations in the FIR and the material collected during investigation — Where the India Law Library Docid # 2452441
(658) SURYAJEET PATEL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 11-09-2026 Chhattisgarh Agricultural Cattle Preservation Act, 2004 — Section 6(2) and 6(3) — Seizure and interim custody — Vehicle allegedly escorting cattle transport — Strict interpretation of penal statutes — Agricultural cattle were intercepted in another vehicle, while applicant's car was intercepted separately on the allegation of escorting — Rejection of supurdnama application under Section 6 — Held, penal statutes must be strictly construed according to their plain language — Section 6(2) permits s India Law Library Docid # 2452442
(659) UJJWAL RAI (CHAMLING) Vs. PAWAN KUMAR PRADHAN AND ANOTHER[SIKKIM HIGH COURT] 11-09-2026 Commercial Courts Act, 2015 — Section 13(1-A) — Suit for recovery based on fraud and misrepresentation — Personal liability of corporate officers — Non-joinder of company — Defendants induced plaintiff to deposit security amounts for a road construction contract despite prior termination of the parent project's Implementation Agreement by the State Government — Contention by defendant that he acted merely as an employee and the company was a necessary party — Held, where fraud, misrepresentation India Law Library Docid # 2452653
(660) KAPIL SIROHI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 11-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482, Section 397 — Family Courts Act, 1984 — Section 19(4) — Maintainability of petition under Section 482 challenging maintenance order — Availability of alternative statutory remedy — Applicant challenged Family Court interim maintenance order under Section 125 Cr.P.C. through application under Section 482 — Held, inherent powers cannot override express statutory remedies — Special statutory revision under Section 19(4) of Family Courts Act read w India Law Library Docid # 2453019