(161) ANKUR DAVID AND OTHERS Vs. NILL[CHHATTISGARH HIGH COURT] 06-01-2026 Divorce Act, 1869 — Section 10A(1) — Dissolution of marriage by mutual consent — Period of separation — Constitutional Validity — The stipulation in Section 10A(1) requiring a separation period of "two years or more" for filing a mutual consent divorce petition was declared unconstitutional and read down to a period of "one year" by the Kerala High Court in Saumya Ann Thomas v. Union of India Law Library Docid # 2437962
(162) NUR HUSSAIN ALI Vs. JATINDRA BHARALI[GAUHATI HIGH COURT] 06-01-2026 Negotiable Instruments Act, 1881 — Section 138 (Dishonour of Cheque) — Legally Enforceable Debt Requirement — For an offence under Section 138, the dishonoured cheque must represent a legally enforceable debt on the date of maturity or presentation — If the drawer makes a part payment of the sum represented on the cheque between the date it is drawn and when it is presented for encashment, the India Law Library Docid # 2437964
(163) TAFIKA MANOWARA RAHMAN Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 06-01-2026 Service Law — Seniority — Inter-establishment transfer on own request — Effect on seniority — The petitioner was transferred on her own request from the establishment of Respondent No. 5 (Dhansiri Project Division) to the establishment of Respondent No. 4 (Mangaldai Division) with a specific stipulation in the transfer order (dated 19-08-2005) that her seniority in the new establishment (Respondent No. India Law Library Docid # 2437965
(164) M/S. OM TELECOM LOGISTICS PVT. LTD. Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 06-01-2026 Assam Value Added Tax Act, 2003 — Section 89 — Compounding of Offence — Delegation of Power — Superintendent of Taxes (Respondent No. 3) ordered compounding of offence under Section 85(1)(n) upon petitioner's request — Challenge raised that Superintendent of Taxes lacked jurisdiction under Section 89 to compound — Section 89 grants power to the Commissioner of Taxes; however, Rule India Law Library Docid # 2437966
(165) PRATUL KR DAS AND OTHERS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 06-01-2026 Assam Craftsman Training Service Rules, 1993 — Rule 3(c)(iv) — Cadre of Senior Instructor — Interpretation of 'Instructor' — The cadre of Senior Instructor includes the posts of Instructor (Social Studies) and Instructor (English language), in addition to those specifically enumerated in Rule 3(c)(iv), based on the interpretation of the term 'Instructor' within the Rule context as established in prior judicial India Law Library Docid # 2437967
(166) ABC (JUVENILE) Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 06-01-2026 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — Bail to Child in Conflict with Law (CCL) — Mandatory nature of bail — The use of the word 'shall' in Section 12(1) mandates that a CCL must be released on bail, with or without surety, or placed under supervision, irrespective of the nature or gravity of the offence alleged, unless exceptional circumstances specified in the proviso are present. (Paras 18, India Law Library Docid # 2438018
(167) JAYABALAN (DECEASED) AND OTHERS Vs. DR. RAMAJAYAM AND OTHERS[MADRAS HIGH COURT] 06-01-2026 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Plaint — Suit for declaration of title and recovery of possession — Application to amend plaint to include prayer for mandatory injunction for demolition of superstructure before delivery of possession — Pre-trial amendment — Nature and character of suit — If the amendment does not alter the nature or character of the suit, and the trial has not commenced, pre-trial amendments should be considered leniently — Inclusion of a India Law Library Docid # 2438096
(168) D. REVATHY AND OTHERS Vs. C. VENKATRAMAN (DIED) THR LRS. AND OTHERS[MADRAS HIGH COURT] 06-01-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 (d) — Rejection of Plaint — Ground of limitation and lack of cause of action — Suit for partition — Plaintiffs (co-owners) admittedly executed a General Power of Attorney (GPA) in 1996 authorizing the Power Agent (Defendant 1) to sell, lease, mortgage, or execute a Release Deed over their property share in favor of a named relative (Ethiraj Pillai) — Power Agent executed the Release Deed in 1996 — Plaintiffs filed a suit for partition in 2011 wi India Law Library Docid # 2438097
(169) NEELAGANDAN Vs. AMMASAI GOUNDER[MADRAS HIGH COURT] 06-01-2026 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 9 — Subsequent Pleadings/Additional Written Statement — Granting leave — Exercise of discretion involves consideration of whether the subsequent pleading introduces new facts, clarifies existing ones, addresses later-discovered facts, or introduces materially inconsistent pleas — Application filed belatedly, after the Plaintiff's evidence closed, where the Suit was pending for seven years — Proposed additional written statement largely reiterates India Law Library Docid # 2438098
(170) SANTHI DHAYAKARAN Vs. V. NARENDRAN[MADRAS HIGH COURT] 06-01-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 (Rejection of Plaint) — Grounds for rejection — Suit for partition, declaration (Will, Release Deed, Sale Deeds) — Rejection under Order 7 Rule 11 is permissible only if the plaint, on a bare reading, discloses no cause of action or is barred by law — The existence of triable issues, such as the genuineness and effect of a registered Will giving life estate and vested remainder, India Law Library Docid # 2438099
(171) SHIV KUMAR GUPTA AND OTHERS Vs. AMIT AGARWAL AND OTHERS[MADRAS HIGH COURT] 06-01-2026 Trade Marks Act, 1999 — Section 29(5) — Infringement of Trade Mark — Use as Trade Name — A registered trade mark is infringed if a person uses such registered trade mark as their trade name or part of their business name/concern name, particularly when dealing in goods or services for which the trade mark is registered — The contention that using the registered trade mark merely as a 'trading name' rather than a 'product name' does not cause hindrance is contrary to Section 29(5) India Law Library Docid # 2438100
(172) RAJALAKSHMI AMMAL AND OTHERS Vs. RADHA AMMAL AND OTHERS[MADRAS HIGH COURT] 06-01-2026 Civil Procedure Code, 1908 (CPC) — Order 22 Rules 4 & 9 — Limitation Act, 1963 — Section 5 — Setting aside abatement and condoning delay in bringing legal heirs on record — Lenient approach — The settled law mandates that courts should adopt a lenient approach when deciding on Applications filed under Section 5 of the Limitation Act to condone delay in filing applications under Order XXII Rules 4 and 9 CPC (to set India Law Library Docid # 2438093
(173) SARASWATHI Vs. SUBRAMANIAM AND OTHERS[MADRAS HIGH COURT] 06-01-2026 Constitution of India, 1950 — Article 227 — Civil Revision Petition — Intervention in interlocutory application — Court exercises supervisory jurisdiction to set aside Trial Court's dismissal of application for amendment of plaint, finding that the proposed amendments are simple, do not alter the nature or character of the Suit (O.S. No. 96 of 2011), and will not cause prejudice to the Defendants, especially since the trial had not India Law Library Docid # 2438094
(174) K. BALASATHIYA NARAYANAN Vs. K. MANOKAR AND OTHERS[MADRAS HIGH COURT] 06-01-2026 Civil Procedure Code, 1908 (CPC) — Order I Rule 10(2) — Impleading a party — Necessary party — Suit for recovery of money based on dishonoured cheque — Plaintiff seeking to implead the proprietrix of the firm on whose behalf the cheque was allegedly issued by her husband (the original defendant) as authorized signatory — Plaintiff’s pleadings, though inartfully drafted, suggesting the loan was for the benefit of the India Law Library Docid # 2438095
(175) MAMATA MANJARI SETHI AND OTHERS Vs. COLLECTOR, KENDRAPARA AND OTHERS[ORISSA HIGH COURT] 06-01-2026 Odisha Gram Panchayats Act, 1964 — Section 26 — Disqualification proceedings — Natural justice — Collector entertained application for disqualification of ward members without proper enquiry and adequate opportunity to present defence — Evidence regarding attendance was conflicting and records were alleged to be tampered with — Proceedings lacked fairness and due process, thus leading to an arbitrary decision. India Law Library Docid # 2438145
(176) MAHENDRA PRADHAN Vs. STATE OF ODISHA[ORISSA HIGH COURT] 06-01-2026 Criminal Procedure Code, 1973 (CrPC) — Section 401 & 397 — Revision — Challenge to conviction and sentence — Grounds for interference — Against weight of evidence, failure to appreciate evidence, unreliable victim testimony, hearsay evidence, delay in FIR, legal infirmity. India Law Library Docid # 2438146
(177) NINIMA PATEL Vs. TANAYA MISHRA AND OTHERS[ORISSA HIGH COURT] 06-01-2026 Odisha Municipal Act, 1950 — Section 19 — Election Petition — Rejection of — Order 7 Rule 11 CPC — Application for rejection of election petition under Order 7 Rule 11 CPC cannot be entertained at a belated stage after the evidence of the petitioner has been concluded and the proceedings have substantially progressed. Such an application should ideally be considered at the earliest stage. The Supreme India Law Library Docid # 2438143
(178) SRI BINDESHWAR PRASAD SINGH Vs. SMT. DEOPARI DEVI AND OTHERS[PATNA HIGH COURT] 06-01-2026 Transfer of Property Act, 1882 — Section 123 — Gift of immovable property — Requirements — A gift of immovable property must be made by a registered instrument signed by the donor and attested by at least two witnesses — Absence of these requirements renders the gift invalid. India Law Library Docid # 2438189
(179) SURESH KUMAR SHUKLA AND OTHERS Vs. UMA DEVI AND OTHERS[PATNA HIGH COURT] 06-01-2026 Evidence Act, 1872 — Section 65(e) — Secondary evidence — Certified copy of application not a public document — Admissibility under Section 65(e) not applicable — Exhibit-8, a certified copy of an application with annexed documents, is not a public document under Section 74, thus Section 65(e) regarding secondary evidence of public documents does not apply. India Law Library Docid # 2438190
(180) UNION OF INDIA Vs. M/S MAHNAR INFRATECH PVT. LTD.[PATNA HIGH COURT] 06-01-2026 Arbitration and Conciliation Act, 1996 — Section 34(3) — Limitation for setting aside award — Application for setting aside an arbitral award must be filed within three months from the date of receipt of the award. India Law Library Docid # 2438191