(861) DEEPAK SHARMA Vs. STATE OF HIMACHAL PRADESH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 23-04-2026 Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bail — Conditions — Accused incarcerated for over two years and four months — Prima facie doubt about prosecution's case — No cogent material to suggest likelihood of tampering with evidence or influencing witnesses — Prolonged incarceration violates Article 21 of the Constitution India Law Library Docid # 2442718
(862) RAVINDER PANWAR AND OTHERS Vs. VARINDER AND OTHERS[HIMACHAL PRADESH HIGH COURT] 23-04-2026 Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial question of law — Scope of — Rehearing of facts and law — Appellate court affirming findings of trial court need not restate evidence, general agreement with reasons ordinarily suffices, India Law Library Docid # 2442719
(863) MADHU YADAV AND OTHERS Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 23-04-2026 Penal Code, 1860 (IPC) — Sections 120-B, 147, 364, 302 read with 149 — Criminal Trial — Appeals against conviction and sentence — Death of one appellant during pendency of appeal leading to abatement of appeal qua that appellant — Release of other appellants upon completion of sentence leading to their deletion from appeal record. India Law Library Docid # 2442786
(864) MOHAN GADARI AND OTHERS Vs. THE SOUTH EASTERN COAL FIELD LIMITED AND OTHERS[MADHYA PRADESH HIGH COURT] 23-04-2026 Mining — Land restoration agreement — Rights and obligations of parties — Agreement stipulated land restoration within three years after mining — Non-restoration of land prevented cultivation — Petitioners sought damages and rehabilitation based on legitimate expectation. India Law Library Docid # 2442787
(865) MADHU YADAV Vs. STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 23-04-2026 Criminal Trial — Evidence — Dying Declaration — An oral dying declaration supposedly made by the deceased to a witness was discarded as unreliable because the witness's testimony was not corroborated by other witnesses present at the time, and the deceased was found unconscious and later declared dead, making it unlikely he could have made a coherent declaration India Law Library Docid # 2442788
(866) UT OF J&K AND OTHERS Vs. SAMEER AHMAD KHAN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 23-04-2026 Administrative Law — Power to cancel recruitment process — While an employer has the authority to cancel a recruitment process, this power is not absolute and must be exercised for cogent and bona fide reasons, not arbitrarily — Mere participation in the process does not grant candidates an indefeasible right to appointment, but the decision to cancel must be justifiable. India Law Library Docid # 2442952
(867) GHULAM MOHAMMAD HAJAM AND ANOTHER Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 23-04-2026 Civil Procedure Code, 1908 — Order 23 Rule 1(4) and Order IX Rule 8 — Maintainability of Writ Petition — A writ petition is not maintainable if the petitioner had previously filed a civil suit on the same cause of action and subject matter, which was dismissed for non-prosecution without permission to institute fresh proceedings India Law Library Docid # 2442974
(868) UT OF J&K AND OTHERS Vs. SAMEER AHMAD KHAN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 23-04-2026 Administrative Law — Cancellation of Recruitment Process — Employer's power to cancel a selection process is not absolute and must be based on cogent and bona fide reasons — Mere procedural lapses in engaging an agency do not justify cancellation, especially if the process has reached an advanced stage and there are no India Law Library Docid # 2442975
(869) CANARA BANK (ERSTWHILE SYNDICATE BANK), AND OTHERS Vs. MS. BODA DEEPTHI NAIK[TELANGANA HIGH COURT] 23-04-2026 Compassionate Appointment — applicability of scheme — Date of death versus date of consideration — Held, norms prevailing on the date of consideration of the application should be the basis for considering a claim for compassionate appointment, not the norms on the date of death. India Law Library Docid # 2443323
(870) RANJEET SINGH Vs. NEETU SINGH[ALLAHABAD HIGH COURT] 23-04-2026 Family Courts Act, 1984 — Section 11 — Evidence — In-camera — In view of allegations and counter-allegations, evidence, including cross-examination, shall be conducted as far as practicable, in-camera to preserve dignity and privacy of parties. India Law Library Docid # 2443359
(871) BHUPENDRA SINGH Vs. SMT. NAMRATA SARASWAT[ALLAHABAD HIGH COURT] 23-04-2026 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 — Additional evidence in appeal — General rule is that appeals are decided on evidence presented in the trial court; additional evidence is an exception and can only be admitted under specific circumstances outlined in Rule 27(1)(a), (aa), or (b) India Law Library Docid # 2443432
(872) MOHD NASIR @ NASIR AHMAD Vs. ANUPAM VIJAY @ ANUPAM VIJAY GUPTA[ALLAHABAD HIGH COURT] 23-04-2026 Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 — Section 35(1) — Appeal — Pre-deposit requirement — Section 35(1) mandates pre-deposit of fifty percent of the adjudicated amount for an appeal to lie — This is a condition precedent and mandatory, not merely procedural — Failure to pre-deposit renders the appeal incompetent from inception and non-est in the eyes of law. [Paras 27, 29, 35, 36, India Law Library Docid # 2443433
(873) LAXMI KANT PANDEY Vs. HINDUSTAN PETROLEUM CORPORATION LTD.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-04-2026 Arbitration and Conciliation Act, 1996 — Section 12(5) and proviso — Waiver of ineligibility of Arbitrator — Prohibition on appointing an ineligible arbitrator cannot be waived except by an express written agreement after disputes have arisen — Mere participation in proceedings or implied consent does not constitute a valid waiver — For waiver to be valid, there must be a conscious, unequivocal and written expression of India Law Library Docid # 2443434
(874) MAHESH SINGH AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 23-04-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 313, 302, 149, 304 Part-I — Murder vs — Culpable Homicide not amounting to murder — Applicability of Exception 4 to Section 300 IPC — Accused family members convicted under Section 302/149 IPC for murder of deceased who was allegedly attempting to rape daughter/sister of accused India Law Library Docid # 2443435
(875) RAM BHAWAN HARIJAN Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 23-04-2026 Criminal Procedure Code, 1973 — Section 374 — Criminal Appeal — Conviction under Section 302/201 IPC — Appeal against conviction and sentence under Section 302/201 IPC — Prosecution case resting entirely on circumstantial evidence — Essential to meticulously examine chain of circumstances — Circumstances must be of a conclusive nature and leave no reasonable ground for a conclusion consistent with the India Law Library Docid # 2443436
(876) POONAM PANDEY AND ANOTHER Vs. KULSUM AND OTHERS[ALLAHABAD HIGH COURT] 23-04-2026 Civil Procedure Code, 1908 (CPC) — Order 21 Rule 97 and 99 — Application by third party to resist execution of a decree for possession — Such application is maintainable even if the applicant has not been dispossessed — The execution court must adjudicate the claims of such third parties regarding independent right, title, or interest in the property — Dismissal of the application solely on the ground of non-maintainability India Law Library Docid # 2443437
(877) ANIL KUMAR SINGH AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-04-2026 Administrative Law — Arbitrariness — Denial of Salary — State inaction on proposal for sanction of posts for decades, despite continuous clerical staff requirement, reflects arbitrariness — State cannot take advantage of its own inaction and deny legitimate dues to an employee serving the institution. India Law Library Docid # 2443438
(878) VINOD KUMAR SETHI Vs. UCO BANK THRU REGIONAL MANAGER AND OTHERS[ALLAHABAD HIGH COURT] 23-04-2026 Disciplinary proceedings — Bank employee — Charges of misconduct — Finding of guilt — Removal from service — Superannuation benefits — Bipartite settlement — Interpretation of clause allowing removal from service with superannuation benefits — Eligibility for pensionary benefits based on service length and other conditions — Harmonizing regulations and settlement — Court remits matter for fresh order on India Law Library Docid # 2443439
(879) MISKINBANU JAHIDKHAN PATHAN AND OTHERS Vs. ALISHER SUBHANALI ANSARI AND ANOTHER[GUJARAT HIGH COURT] 23-04-2026 Specific Relief Act, 1963 — Section 10 and 16(c) — Suit for specific performance of Agreement to Sale (ATS) — "Time is essence of contract" — Mere mention of a time limit in an ATS does not automatically make time the essence of the contract, especially in cases involving immovable property — The intention must be India Law Library Docid # 2443456
(880) CHAIRMAN,GUJARAT HOUSING BOARD AND ANOTHER Vs. WESTERN BHARAT CONSTRUCTION CO.[GUJARAT HIGH COURT] 23-04-2026 Partnership Act, 1932 — Sections 4, 5, 2A — Legal Entity — A partnership firm does not possess a separate legal personality distinct from its partners; it is merely an association of individuals, and the firm name is a compendious way of referring to the partners. India Law Library Docid # 2443457