(741) NASIR HUSSAIN CHAUHAN Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-09-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14A(2) — Bharatiya Nyaya Sanhita, 2023 — Sections 316(2), 338, 336(3), 340(2), 61(2) and 318(2) — Appeal against rejection of bail — Allegation that appellant, as power of attorney holder, executed a registered sale deed but failed to deliver possession of the land to the purchaser — Trial Court dismissed bail — High Court held that considering the completion of investigation with filing of charge-sheet and dura India Law Library Docid # 2452670
(742) SHEOJIRAM LEEL Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-09-2026 Negotiable Instruments Act, 1881 — Sections 138 and 147 — Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Dishonour of Cheque — Compounding of offence at revisional stage — Conviction and sentence affirmed by Appellate Court — Parties subsequently entered into an amicable settlement and entire amount was paid to complainant — Complainant had no objection to quashing of proceedings — Held, under Section 147 of the NI Act, offence under Section 138 is compoundable — Compromise taken India Law Library Docid # 2452671
(743) LUPIN LIMITED Vs. UNION OF INDIA AND OTHERS[SIKKIM HIGH COURT] 10-09-2026 Constitution of India, 1950 — Article 226 — Industrial Policy — North-East Industrial and Investment Promotion Policy, 2007 — Central Capital Investment Subsidy Scheme — Vested rights versus mere expectation — Petitioner incurred substantial investment before policy modification capping subsidy at Rupees 5 crores, but applied for mandatory registration only after the amendment — Held, a vested right is fixed, accrued, and not dependent on future contingencies — Mere prior investment or commencem India Law Library Docid # 2452682
(744) AZEEM WASIF @ BABBOO Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 10-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Plea of alibi based on unimpeachable documentary evidence — Consideration at pre-trial stage — Ordinarily, the burden of proving alibi lies upon the accused during trial; however, there is no inflexible rule precluding consideration of unimpeachable and incontrovertible official documents at the threshold — Where documentary evidence of sterling quality demonstrates the absence of the accused from the country at India Law Library Docid # 2453027
(745) ROSHAN AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 10-09-2026 Penal Code, 1860 (IPC) — Sections 376 and 452 — Criminal Procedure Code, 1973 (CrPC) — Section 161 — Indian Evidence Act, 1872 — Section 32(1) — Gang rape and house-trespass — Evidentiary value of victim's statement recorded under Section 161 Cr.P.C. upon her subsequent death — Victim died 11 days after incident due to septicemia from genital injuries — Statement recorded on same day of incident treated as dying declaration under Section 32(1) Evidence Act — Held, statement under Section 161 Cr. India Law Library Docid # 2453028
(746) RAM HARSH Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Penal Code, 1860 (IPC) — Sections 304-B and 498-A — Evidence Act, 1872 — Section 113-B — Dowry death — Presumption — Necessity of proving dowry demand and cruelty: To attract the statutory presumption under Section 113-B of the Evidence Act, the prosecution must first prove that the woman was subjected to cruelty or harassment soon before her death in connection with a dowry demand. Unnatural death within seven years of marriage in the matrimonial home is not alone sufficient. Where the complain India Law Library Docid # 2453029
(747) ABHISHEK TYAGI Vs. UTTAR PRADESH RAJYA DWARA GRAH SACHIV AND OTHERS[ALLAHABAD HIGH COURT] 10-09-2026 Uttar Pradesh Control of Goondas Act, 1970 — Section 2(b)(i) and Section 3 — Definition of "Goonda" — Habitual offender — Initiation of proceedings based on two criminal cases with a gap of three years — Held, a person cannot be branded as a "Goonda" merely on the basis of one or two criminal cases — The expression "habitually" implies repeated, persistent, and continuous commission of similar acts — Isolated or infrequent offences do not justify an inference of habit — Petitioner could not be t India Law Library Docid # 2453030
(748) ALPANA SINGH Vs. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 210 — Code of Criminal Procedure, 1973 (CrPC) — Section 190 — Cognizance of offence — Power of review — Re-cognizance impermissible — Cognizance of an offence can only be taken once and a Magistrate has no power under law to review, modify, or reopen an earlier order of cognizance — A protest petition filed after an order taking cognizance has already been passed in the same case crime number cannot be used as a modus to review the earlie India Law Library Docid # 2453031
(749) BAL KUMAR PATEL @ RAJ KUMAR Vs. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 216, 221 and 222 — Arms Act, 1959 — Sections 19, 25, 27 and 30 — Alteration of charge — Conviction for minor offence — Accused sought deletion of charges under Sections 25, 27 and 30 of the Arms Act and addition of Section 19 — Trial court rejected the application — Held, if the evidence establishes a lesser offence carrying a minor punishment, the trial court is legally empowered under Section 222 to convict the accused for such lesser offence wit India Law Library Docid # 2453032
(750) BABU LAL Vs. SHAHABUDDIN AND OTHERS[ALLAHABAD HIGH COURT] 10-09-2026 Civil Procedure Code, 1908 (CPC) — Section 100 — Scope of Second Appeal — Substantial question of law — Principles reiterated — A question of law becomes substantial when it is debatable, not covered by settled precedents, or materially affects rights of parties — Concurrent findings of fact recorded by Trial Court and First Appellate Court based on evidence and spot inspection report that entire disputed plot was dedicated and continuously used as a Muslim graveyard for centuries involve no per India Law Library Docid # 2453033
(751) NEHA MISHRA Vs. RESERVE BANK OF INDIA AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-09-2026 Banking Law and Recovery — Privity of Contract — Liability of Legal Heir — Deceased borrower availed personal loan with standing instructions regarding retiral benefits — Bank unilaterally debited outstanding loan dues from the independent fixed deposit account of the deceased borrower's widow — Petitioner was neither co-applicant, guarantor, nor surety — Held, no privity of contract existed between Bank and petitioner — While Bank may proceed against legal heirs for recovery through due process India Law Library Docid # 2453035
(752) RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. SMT. GEETA DEVI AND OTHERS[UTTARAKHAND HIGH COURT] 10-09-2026 Motor Vehicles Act, 1988 — Section 166 — Fatal accident — Determination of income — Compensation — Appellant-insurer contended that monthly income of the deceased was improperly determined — Held, the Claims Tribunal correctly assessed the monthly income of the deceased at Rs. 19,850/- based on salary slips and documentary evidence after making all permissible deductions — Assessment being founded on solid documentary evidence on record, there is no reason or justification to take any contrary v India Law Library Docid # 2453161
(753) RELIANCE GENERAL INSURANCE CO. LTD. Vs. NEELAM NEGI AND OTHERS[UTTARAKHAND HIGH COURT] 10-09-2026 Motor Vehicles Act, 1988 — Section 166 — Rash and negligent driving — Proof of negligence — Evidentiary value of charge sheet — Where a First Information Report is lodged and the police, after investigation, file a charge sheet holding the driver of the offending vehicle negligent, no further evidence is required to prove rash and negligent driving in a claim petition. Even if eyewitnesses are not examined, it is not fatal to establishing the rash and negligent driving of the offending vehicle's India Law Library Docid # 2453162
(754) SMT. GAYATRI AND OTHERS Vs. RELIANCE GENERAL INSURANCE COMPANY LTD AND OTHERS[UTTARAKHAND HIGH COURT] 10-09-2026 Motor Vehicles Act, 1988 — Section 166 and 173 — Claim for enhancement of compensation — Assessment of future prospects — Self-employed deceased — Tribunal omitted to grant any compensation towards future prospects of income — Held, as per the dictum of the Supreme Court in National Insurance Company Ltd. v. Pranay Sethi, an addition of 40% of the established income is mandated where the deceased was self-employed or on a fixed salary and aged below 40 years — Impugned award modified by granting India Law Library Docid # 2453163
(755) GAURAV KALURA Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 10-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 125 — Specific Relief Act, 1963 — Section 34 — Marital status and entitlement to maintenance — Summary nature of proceedings — Estoppel — Husband instituted a civil suit seeking declaration of marriage as null and void, which was dismissed for want of prosecution and never restored — Held, husband was estopped from contending that claimant was not his legally wedded wife in absence of any decree from a competent civil court declaring marriage null a India Law Library Docid # 2453164
(756) PRAMOD KUMAR SHARMA Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 10-09-2026 Penal Code, 1860 (IPC) — Sections 306 and 107 — Abetment of suicide — Essential ingredients — To constitute abetment under Section 306 read with Section 107 IPC, there must be a positive, active, or direct act by the accused that instigates or aids the deceased in committing suicide, leaving them with no alternative. The term "instigate" denotes incitement or urging drastic action, with mens rea as a necessary concomitant. Mere allegations of scolding, harassment, or a snap show of anger, withou India Law Library Docid # 2453159
(757) M/S PRINCE CONSTRUCTION COMPANY AND MOHAN CONSTRUCTION (JOINT VENTURE) Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 10-09-2026 Constitution of India, 1950 — Article 226 — Tender / Procurement of Works — Technical Evaluation — Defect in Bid Submission — Joint Venture Bid — Rejection of technical bid as non-responsive — Petitioner failed to furnish required information in Tech-2 — Against column for bidder's name, individual partner's name was entered, and against legal status, residential address was stated — Held, disclosures made neither correctly revealed identity of the Joint Venture partner nor its legal status — Ev India Law Library Docid # 2453160
(758) RAMANPREET KAUR Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 09-09-2026 Constitution of India, 1950 — Article 226 — Writ of Habeas Corpus — Child custody — Maintainability and scope — Writ of habeas corpus is maintainable for restoration of custody of a minor whose detention is illegal or without authority of law, even against a parent or where alternative statutory remedies under the Guardians and Wards Act or Hindu Minority and Guardianship Act are available — Primary consideration is determining whether detention is unlawful and whether the paramount welfare of t India Law Library Docid # 2451664
(759) KULWINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 09-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of additional accused — Scope of power — Power under Section 319 is discretionary and extraordinary, to be exercised sparingly where strong and cogent evidence emerges during trial — Placement of a person in column No. 2 of the police report does not bar the court from summoning him if sufficient evidence appears against him during the trial — Deposition of an injured eye-witness specifically naming the accused and attributing a defi India Law Library Docid # 2451666
(760) DEEPU @ DEEPAK Vs. STATE[DELHI HIGH COURT] 09-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 232 — Mandatory compliance — Omission to hear accused under Section 232 after Section 313 examination — Effect on trial — Non-compliance with Section 232 Cr.P.C. does not ipso facto vitiate criminal proceedings unless the omission is shown to have resulted in serious and substantial prejudice to the accused — Where the accused made no claim or demonstration of any prejudice caused by such omission, trial court proceedings held not vitiated. India Law Library Docid # 2451696