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(941) PHOMTORES KHARBANI Vs. STATE OF MEGHALAYA[MEGHALAYA HIGH COURT] 07-09-2026
Penal Code, 1860 — Section 304 Part-II — Code of Criminal Procedure, 1973 — Section 389 — Suspension of sentence pending appeal — Applicant was convicted under Section 304 Part-II IPC and sentenced to three years of rigorous imprisonment — Criminal appeal was preferred against conviction and sentence — Applicant had already served more than half of the sentence, and the appeal was unlikely to conclude in a short while — Relying on the Supreme Court ruling in Atul Alias Ashutosh v. State of M.P.,
India Law Library Docid # 2451434

(942) PREM @ BITTU KALPESHBHAI PARMAR THRO PARMAR KALPESHBHAI BALDEVBHAI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 07-09-2026
Gujarat Prevention of Anti-social Activities Act, 1985 — Sections 2(c) and 3(4) — Preventive detention — "Dangerous person" — "Public order" vs. "Law and order" — Subjective satisfaction — Detenu detained based on two criminal cases registered under the Bharatiya Nyaya Sanhita — Held, distinction between law and order and public order depends on the degree, extent, and potential of the act to disturb the even tempo of community life — Offences primarily affecting individuals fall within law and
India Law Library Docid # 2451435

(943) NIKHIL VITHAL JHAVERI AND ANOTHER Vs. CHIEF EXECUTIVE OFFICER, PUNE CANTONMENT BOARD AND OTHERS[BOMBAY HIGH COURT] 07-09-2026
Cantonments Act, 2006 — Section 235 and Section 238 — Cantonment Land Administration Rules, 1937 — Schedule VIII — Building permission on defence land — Subsisting lease — Petitioners holding valid leasehold rights expiring in 2033 applied to construct residential bungalows for personal dwelling — Defence authorities rejected permission citing future land requirement and apprehension that construction would impede resumption or invite compensation claims upon lease expiry — Held, permissible res
India Law Library Docid # 2451436

(944) RANA SIL Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 07-09-2026
Negotiable Instruments Act, 1881 — Sections 118, 138, and 139 — Dishonour of cheque — Rebuttal of statutory presumption — Standard of proof — Accused is required to rebut the statutory presumption on a preponderance of probabilities — Once the accused raises a probable defence challenging the complainant's financial capacity to advance a substantial cash loan without supporting documentation, the evidentiary burden shifts back to the complainant — Complainant failed to produce any bank statement
India Law Library Docid # 2451437

(945) JAHANGIR HUSSAIN AND ANOTHER Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 07-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Indian Penal Code, 1860 — Sections 365, 302 and 201 — Successive bail plea — Prolonged incarceration — Trial at fag end — Accused in custody over three years sought bail citing delay — Trial Court examined eight of nine witnesses without unnecessary delay — Accused had criminal antecedents and previously absconded to another State — Held, prolonged incarceration cannot be the sole ground to grant bail when trial is being conducted expediti
India Law Library Docid # 2451438

(946) CHUNILAL GOVANBHAI PATEL Vs. NARSIBHAI N PATEL AND OTHERS[GUJARAT HIGH COURT] 07-09-2026
Law of Torts — Electrocution — Strict Liability of Electricity Supply Company — Statutory duty — Death caused by contact with a live wire connected to distribution line — Held, transmission and distribution of electricity is an inherently dangerous activity governed by the rule of strict liability — The primary liability to compensate the victim rests upon the electricity supplier — The supplier cannot escape liability by pleading that an unauthorised connection was drawn by a third party or str
India Law Library Docid # 2451439

(947) PANJI GRIHA NIRMAN PRIVATE LIMITED AND OTHERS Vs. AYAN SADHUKHAN AND OTHERS[CALCUTTA HIGH COURT] 07-09-2026
Civil Procedure Code, 1908 (CPC) — Order 39 Rule 4 and Section 151 — Vacation or recall of interim injunction — Scope of inquiry — Petitioners sought recall of an ex-parte ad-interim injunction on grounds that it was passed in violation of Section 148A after their caveat was overlooked — Held, the expression "dissatisfied with such order" in Order 39 Rule 4 is broad enough to encompass procedural irregularities alongside substantive grounds — Where an express provision in the Code enables the di
India Law Library Docid # 2451440

(948) BALMUKUND @ PAPPU GURJAR Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 07-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bharatiya Nyaya Sanhita, 2023 — Sections 103(1), 115(2), 126(2), 189(2), 190, 329(3) and 352 — Regular Bail — Hostile witnesses — Criminal antecedents — Second bail application — Complainant (PW-2) and injured eyewitness (PW-9) turned hostile during trial, with PW-9 not alleging any specific injuries caused by petitioner resulting in victim's death — State opposed bail citing petitionerâ€™s eight criminal cases — Held, mere pendency of oth
India Law Library Docid # 2451442

(949) CHIRAG SHASHIKANT SHAH AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 07-09-2026
Constitution of India, 1950 — Article 300A — Right to property — Violation of human right — Acquisition without compensation — Seven sub-rights — Petitioners were deprived of possession of land since 1989 for MTNL's use without compensation or concluded acquisition proceedings. Right to property, though no longer a fundamental right, is a constitutional and human right. Depriving citizens of property without sanction of law contravenes Article 300The state and its instrumentalities have a consti
India Law Library Docid # 2451443

(950) ANIL JOSHI Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 07-09-2026
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance — Quantum of maintenance — Assessment of husband's income — Family Court awarded Rs. 12,500 per month each to wife and minor daughter — Husband contended amount was excessive and he had no income since 2022 — Income Tax Returns showed his average annual income was Rs. 20,00,000 (Rs. 1,66,000 per month) — Held, maintenance awarded was neither excessive nor disproportionate — Mere assertion of diminished income without cogent proof d
India Law Library Docid # 2451446

(951) JITENDRABHAI MOHANBHAI KRIPLANI Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 07-09-2026
Copyright Act, 1957 — Sections 2(c), 2(o), 13 and 63 — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Counterfeit commercial hardware and accessories — Non-applicability of Copyright Act — FIR lodged for selling duplicate electronic devices, chargers, cables, and functional stickers — Commercial hardware and spare parts do not constitute literary, dramatic, musical, or artistic works — Functional stickers containing factual or barcode data lack original authorship — Misusing brand names on
India Law Library Docid # 2451447

(952) HARITIMA JOSHI Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 07-09-2026
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Quantum of maintenance — Object and principles — The primary object of Section 125 Cr.P.C. is to prevent destitution and vagrancy — The husband's obligation to maintain his spouse and minor child is continuing and must enable them to live with dignity commensurate with the marital standard of living — Quantum must be assessed judiciously by balancing claimantâ€™s needs against the husbandâ€™s earning capacity — Financial commitments contributi
India Law Library Docid # 2451449

(953) DHAVALBHAI DILIPBHAI @ DILUBHAI DANGAR Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 07-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bharatiya Nyaya Sanhita — Sections 336(2), 338, 336(3) and 340(2) — Constitution of India, 1950 — Article 21 — Grant of Regular Bail — Forgery of pedigree — Accused allegedly forged his mother's signature and deleted his sister's name from a pedigree. The prosecution relied primarily on documentary evidence, and the offence was triable by a Magistrate. Emphasizing that past antecedents do not strip an accused of the presumption of innocenc
India Law Library Docid # 2451450

(954) VAKUL KAPOOR Vs. STATE[DELHI HIGH COURT] 07-09-2026
Penal Code, 1860 — Sections 363, 366 and 376 — Sentencing — Mitigating circumstances — Genuine adolescent relationship — Reduction of sentence to period already undergone — Appellant aged 18 and prosecutrix aged 14 shared a consensual romantic relationship without coercion or force — Challenge confined only to quantum of sentence — Both parties subsequently settled in their respective married lives over a period of 17 years — Prosecutrix did not oppose the plea or wish to contest the appeal — Re
India Law Library Docid # 2451451

(955) POONAM Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 07-09-2026
Hindu Marriage Act, 1955 — Section 19(iii) — Territorial jurisdiction — Meaning of "last resided together" — Return of plaint under Order VII Rule 10 CPC — Parties resided in Delhi for two years after marriage and subsequently shifted to Gurugram, residing there for over four years before separation — Wife sought to invoke Delhi courtâ€™s jurisdiction based on earlier residence — Held, earlier joint residence cannot confer territorial jurisdiction when parties subsequently shifted and lived else
India Law Library Docid # 2451452

(956) MOHD. MAHBOOB Vs. MST. ARSHI QURESHI AND ANOTHER[DELHI HIGH COURT] 07-09-2026
Transfer of Property Act, 1882 — Section 111(g) — Delhi Rent Control Act, 1958 — Section 50 — Slum Areas (Improvement and Clearance) Act, 1956 — Section 19 — Disclaimer of landlord's title — Forfeiture of tenancy — Protection of Rent Control Act — Appellant claimed ownership on the ground that nobody collected rent for decades, expressly denying landlord's title — Held, unequivocal repudiation of tenancy and setting up title in himself results in forfeiture of lease under Section 111(g) of the T
India Law Library Docid # 2451453

(957) FLEMINGO (DFS) PRIVATE LIMITED Vs. AIRPORTS AUTHORITY OF INDIA[DELHI HIGH COURT] 07-09-2026
Arbitration and Conciliation Act, 1996 — Section 11(6) — Scope of judicial scrutiny at referral stage — Existence of arbitration agreement — Limitation — Referral courtâ€™s inquiry is confined to examining the prima facie existence of a valid arbitration agreement and whether the Section 11 application is filed within three years as prescribed under Article 137 of Limitation Act, 1963 — Court cannot conduct detailed evidentiary enquiry into whether the claims are time-barred or whether specific
India Law Library Docid # 2451454

(958) BASANT Vs. VIRENDER SINGH[HIMACHAL PRADESH HIGH COURT] 07-09-2026
Negotiable Instruments Act, 1881 — Section 138 Proviso (b) and (c) — Dishonour of Cheque — Statutory Demand Notice — Presumption of Service — Where a demand notice is sent through registered post and no acknowledgment or proof of actual delivery is placed on record, the presumption of service arises only upon the expiry of thirty days from the date of dispatch — Accused is entitled to a period of fifteen days from such deemed service to make payment before a cause of action arises to institute a
India Law Library Docid # 2451627

(959) LALIT KUMAR Vs. PARWATI DEVI AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 07-09-2026
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Maintenance to wife and minor child — Quantum of maintenance — Family Court awarded total monthly maintenance of Rs. 7,500/- (Rs. 4,000/- to wife and Rs. 3,500/- to child) — Husband challenged the award as excessive, pleading liability to maintain his widowed mother — High Court held that the husband's monthly income was around Rs. 22,300/-, while the wife had no independent income — Surviving on Rs. 7,500/- per month with a young, school-goin
India Law Library Docid # 2451628

(960) PRATAP SINGH Vs. RANJIT SINGH AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 07-09-2026
Criminal Procedure Code, 1973 (CrPC) — Section 145 and Section 145(4) Proviso — Dispute regarding immovable property and possession — Limitation for invoking proviso — Jurisdiction of Magistrate — Under the proviso to Section 145(4), a party can be treated as in possession on the date of the preliminary order only if forcibly and wrongfully dispossessed within two months prior to receipt of the police report or information. The petitioner's pleadings established dispossession in 2018, whereas th
India Law Library Docid # 2451629

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