(821) STATE OF U.P. THROUGH SUPERINTENDING ENGINEER Vs. VIJAY PAL SINGH AND OTHERS[UTTARAKHAND HIGH COURT] 24-04-2026 Civil Procedure Code, 1908 — Order 27 — Suits by or against Government — A suit filed on behalf of the State can only be instituted by a person duly authorized by the Government — The Superintending Engineer, without specific authorization, does not fall into this category — An alleged photocopied letter of authorization from the Law Department, not produced before the trial court and lacking foundational India Law Library Docid # 2446861
(822) AARTI KOTHIYAL AND OTHERS Vs. SMT. DAYAWATI SHARMA AND OTHERS[UTTARAKHAND HIGH COURT] 24-04-2026 Civil Procedure Code, 1908 (CPC) — Order 15 Rule 5(1) and 5(2) — Striking off defence — Held, striking off defence is a penalty and not a mechanical process; it requires consideration of the defendant's representation and the peculiar facts and circumstances of the case. India Law Library Docid # 2446862
(823) SHAHID AHMED AND OTHER Vs. UT OF J&K TH. SHO POLICE STATION GOOL[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 24-04-2026 Criminal Procedure Code, 1973 (CrPC) — Bail Application — Offences under Sections 376-D, 34, 506 IPC — Court can only check for existence of evidence, not appreciate it — Appreciation of evidence is for the trial court — Discretionary relief of bail should not be granted as a matter of course India Law Library Docid # 2442781
(824) ALTAF AHMAD WAZA Vs. U T OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 24-04-2026 Preventive Detention — Challenge at Pre-Execution Stage — A detention order can be challenged before execution on grounds other than sufficiency of material for the detention, such as failure to execute the order for a considerable period, which raises doubts about the detaining authority's subjective satisfaction and can render the order unsustainable India Law Library Docid # 2442782
(825) NIKHIL KOL Vs. UNION BANK OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 24-04-2026 Constitution of India, 1950 — Article 226 — Compassionate Appointment — Rejection of claim based on “unsatisfactory service record” of deceased employee held arbitrary and legally unsustainable as the compassionate appointment scheme did not contain any such exclusionary provision — The rejection order was non-speaking and lacked adherence to the policy. India Law Library Docid # 2442785
(826) M/S MARSHAL TRADERS Vs. J&K PROJECT CONSTRUCTION CORPORATION AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 24-04-2026 Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of Arbitrator — Referral Court's power is limited to examining the existence and validity of an arbitration agreement and may decline reference only if claims are ex-facie time-barred or non-arbitrable with no doubt of doubt — Any intricacy in evidentiary India Law Library Docid # 2442972
(827) YAWAR AHMAD BHAGAT Vs. UT OF J&K THROUGH P/S YARIPORA[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 24-04-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 161, 164A, 342, 376, 363 RPC — Sexual Offence — Statutory Rape — Conviction overturned where prosecution failed to prove the prosecutrix was under 18 years of age beyond reasonable doubt, despite her statement of consensual physical relations India Law Library Docid # 2442973
(828) THE STATE OF TELANGANA AND OTHERS Vs. D.SESHAGIRI RAO (DIED) PER LRS AND OTHERS[TELANGANA HIGH COURT] 24-04-2026 Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) — Sections 6(2), 8(4), 10(1), 10(3), 10(5), 10(6) & Section 3 of Repeal Act, 1999 — Suo motu proceedings — Initiation of — No express statutory provision — Held, unsustainable in law — Principles of natural justice — Violation of — Non-issuance/non-service of notice to declarants/persons in possession — Failure to adhere — Not taking possession in accordance with law — Proceedings stand abated under Section 3 of Repeal Act — India Law Library Docid # 2443330
(829) RAM PALAT AND ANOTHER Vs. STATE[ALLAHABAD HIGH COURT] 24-04-2026 Penal Code, 1860 (IPC) — Sections 149 & 323 — Conviction under Section 323/149 IPC — Essential for unlawful assembly to consist of five or more persons as per Section 141 IPC — If number of convicted persons is less than five, conviction under Section 149 IPC is not sustainable — Acquittal of four co-accused means only two appellants India Law Library Docid # 2443354
(830) MAHESH TIWARI Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 24-04-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14-A(1) — Appeal against summoning order — High Court has jurisdiction to review order of Special Court on facts and law. India Law Library Docid # 2443355
(831) SMT. DEEPIKA TIWARI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 24-04-2026 Compassionate Appointment — Widowed Daughter-in-Law — Eligibility — A widowed daughter-in-law can claim compassionate appointment only if she was married to the deceased employee's son at the time of the employee's death and was a dependent family member then. India Law Library Docid # 2443356
(832) M/S. WAHEGURU PROJECTS PVT. LTD. Vs. M/S. ARORA AUTO CENTER AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 24-04-2026 Constitution of India, 1950 — Article 226 — Writ Petition — Maintainability — When alternative statutory remedy is available — Writ petitions under Article 226 are not maintainable if an effective alternative statutory remedy under Section 17 of the SARFAESI Act, 2002 has already been availed and is pending. India Law Library Docid # 2443357
(833) SOUTH EAST U.P. POWER TRANSMISSION COMPANY LIMITED Vs. PRESCRIBED AUTHORITY AND OTHERS[ALLAHABAD HIGH COURT] 24-04-2026 Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 — Overriding effect of IBC — Over electricity laws — Electricity Act, 2003 and its regulations are subject to the overriding provisions of the IBC, which is a subsequent and comprehensive legislation. India Law Library Docid # 2443358
(834) STATE OF GUJARAT Vs. AJITSINH AGARSINH JETHVA AND OTHERS[GUJARAT HIGH COURT] 24-04-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Proceedings abated due to death of accused — Criminal appeal filed challenging acquittal of respondents from charges under Sections 498-A, 302, and 114 of IPC — During pendency of appeal, two accused persons passed away, thus proceedings India Law Library Docid # 2443453
(835) GOKUL AGRI INTERNATIONAL LTD Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 24-04-2026 Gujarat Stamp Act, 1958 — Section 31 — Adjudication of stamp duty — Collector's role under Section 31 is to provide an opinion on the proper stamp duty chargeable on an instrument, not to impose or demand deficit stamp duty — The process under Section 31 is a preliminary step and any demand for deficit duty must India Law Library Docid # 2443454
(836) JAL D/O JAYSUKHBHAI RANPARIYA THRO DHRUTI W/O JAYSUKHBHAI RANPARIYA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 24-04-2026 Gujarat Control of Terrorism and Organised Crime Act, 1999 — Section 17 — Contempt of Court — Show Cause Notice — Applicant challenged notice for alleged disclosure of secret witnesses' identities — Court held that applicant's activities in publishing pamphlets with such information justified the issuance of the notice. [Paras India Law Library Docid # 2443455
(837) JOHNSON PAINTS CO. Vs. JOHNSON PAINTS PRIVATE LIMITED[PATNA HIGH COURT] 24-04-2026 Trademarks Act, 1999 — Section 34 — Passing Off — Prior User — An existing trademark owner cannot prevent a later user from using an identical or similar mark if the later user commenced use before the owner's registration or use, whichever is earlier — This rule protects prior users — The assignment deeds presented by the defendant lacked credibility and were not supported by prima facie evidence, India Law Library Docid # 2443609
(838) ARUN PATI TRIPATHI Vs. STATE OF JHARKHAND THROUGH ANTI-CORRUPTION BUREAU[JHARKHAND HIGH COURT] 24-04-2026 Prevention of Corruption Act, 1988 — Section 17A — Public servant — Requirement of sanction for prosecution — The requirement for sanction under Section 17A arises only when the offence relates to a recommendation made or decision taken by a public servant in discharge of official functions or duties — India Law Library Docid # 2443772
(839) AMRENDRA KUMAR SINGH Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 24-04-2026 Criminal Procedure Code, 1973 (CrPC) — Section 432(2) and Sections 473, 477 of BNSS, 2023 — Premature release of prisoner — Petitioner convicted under Section 302/120B IPC and Section 27 of Arms Act for life imprisonment — Petitioner seeking premature release after 24.5 years of custody — State Government India Law Library Docid # 2443773
(840) PRAKASH MISHRA @ HIMANSHU KUMAR Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 24-04-2026 Jharkhand Control of Crimes Act, 2002 — Section 12(2) — Interpretation of 'Anti-social element' requires habitual commission of specified offences, not isolated incidents — The definition targets individuals whose actions disrupt community functioning and cause fear, warranting detention for public order maintenance. India Law Library Docid # 2443774