(161) SHRI RAMNATH PRAJAPATI AND OTHERS Vs. SMT. SHAKEELA PARVEEN[MADHYA PRADESH HIGH COURT] 08-10-2026 Civil Procedure Code, 1908 — Order 7 Rule 11(d) — Rejection of plaint — Scope of enquiry — Averments in plaint alone are germane — Defence of defendant cannot be looked into — Petitioners sought rejection of plaint alleging suit was barred by limitation and res judicata — Held, for deciding an application under Order 7 Rule 11, only the averments in the plaint and accompanying documents can be considered — The defence raised by defendants or pleas taken in an application cannot form the basis to India Law Library Docid # 2455171
(162) BALRAM @ BALLA KUSHWAHA AND ANOTHER Vs. THE STATE OF MADHYA PRADESH AND ANOTHER[MADHYA PRADESH HIGH COURT] 08-10-2026 Bharatiya Nagrik Suraksha Sanhita, 2023 — Section 482 — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 14-A(2) and 18A(2) — Anticipatory Bail — Statutory bar — Appellants sought anticipatory bail alleging false implication due to prior disputes with victim's husband and unexplained delay in lodging FIR. The Court observed that from the FIR and documents, it could not be inferred at this stage that the appellants were falsely implicated. In view of clear India Law Library Docid # 2455175
(163) SURENDRA SINGH PARMAR (DEAD) THROUGH LRS SMT. RAMRATI AND OTHERS Vs. SONU PARMAR AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-10-2026 Motor Vehicles Act, 1988 — Sections 166 and 140 — Standard of proof — Discrepancy in medical record — Claim petition was dismissed by the Tribunal solely relying on a medical entry recording injury due to a fall from a tractor, despite contemporaneous police records, FIR, charge-sheet, and vehicle seizure documents implicating the insured tanker — Held, proceedings under the Act are summary and decided on preponderance of probabilities — Medical history recorded during emergency treatment cannot India Law Library Docid # 2455186
(164) ASHUTOSH KEDIA Vs. SMT. PALAK[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-10-2026 Hindu Marriage Act, 1955 — Section 13B(2) — Divorce by mutual consent — Statutory cooling-off period of six months — Directory in nature — Object of cooling-off period is to prevent hurried decisions and allow reconciliation, not to perpetuate a purposeless marriage when reunion is impossible — Court possesses discretion to waive the statutory six-month period if parties have been living separately, mediation efforts have failed, issues regarding alimony and custody are genuinely settled, and th India Law Library Docid # 2455194
(165) VIRENDRA JAIN Vs. STATE OF M.P.[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-10-2026 Bharatiya Nyaya Sanhita, 2023 — Sections 100, 105 and 106 — Culpable homicide vs. Causing death by negligence — Wall collapse during debris removal leading to death of four labourers — Applicant booked under Section 105 — Culpable homicide requires a positive act by the accused as distinguished from mere silence, inaction, or lapse — Prosecution alleged failure to take proper care, but conceded absence of any positive act by applicant causing the incident — Definition of culpable homicide under India Law Library Docid # 2455195
(166) APURWA SHARMA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-10-2026 Service Law — Recruitment to Primary Teacher — Essential Qualification — Madhya Pradesh School Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018, Schedule III — Disqualification of B.Ed. degree holder — Petitioner possessing B.Ed. qualification challenged her exclusion from selection for the post of Primary Teacher — Held, B.Ed. cannot be treated as an essential or eligible qualification for primary school teachers — D.El.Ed. qualification imparts unique pedagogic India Law Library Docid # 2455203
(167) SRI MANJEGOWDA AND OTHERS Vs. THE COMMISSIONER AND OTHERS[KARNATAKA HIGH COURT] 08-10-2026 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(2) — Land Acquisition Act, 1894 — Sections 16 and 31 — Deemed lapse of acquisition — Dual requirements — Non-taking of possession and non-payment of compensation — Award was passed more than five years prior to 2013 Act — Entire compensation was accounted for, as part was directly paid to original kathedar and remainder was attached and disbursed to a decree-holder via garnishe India Law Library Docid # 2455281
(168) RADHE KRISHNA INFRASTRUCTURE Vs. LARSEN & TOUBRO[MADRAS HIGH COURT] 08-10-2026 Arbitration and Conciliation Act, 1996 — Section 11(6) and Section 16 — Scope of judicial intervention — Prima facie existence of arbitration agreement — Conflicting arbitration clauses in original agreement and subsequent amended work order — Held, while exercising jurisdiction under Section 11 of the Act, the High Court is primarily required to examine the prima facie existence and validity of an arbitration agreement — A detailed examination regarding contractual supersession or the inter se India Law Library Docid # 2455299
(169) D. ELAVARASAN Vs. S. SRINIVASAN[MADRAS HIGH COURT] 08-10-2026 Negotiable Instruments Act, 1881 — Sections 138 and 148 — Suspension of sentence — Condition of pre-deposit — Discretion of Appellate Court — Petitioner convicted under Section 138 was directed by Appellate Court to deposit 15% of compensation amount as a condition for suspension of sentence — Citing Supreme Court precedent, Court observed that requirement to deposit compensation is not an absolute rule and may be reduced or exempted only in exceptional cases with assigned reasons — Finding no e India Law Library Docid # 2455301
(170) V.RAJENDRAN @ RAJENDRAN VELU Vs. STATE REP.BY THE INSPECTOR OF POLICE[MADRAS HIGH COURT] 08-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 497 and 503 — Tamil Nadu Prohibition (Amendment) Act, 2024 — Sections 4(1)(B) and 14(A) — Interim custody of seized vehicle — Vehicle seized in connection with prohibition offences and kept in open yard — Magistrate rejected application for interim custody — Held, statutory powers under Section 497 BNSS must be exercised judiciously and promptly without unnecessary delay so litigants do not suffer — Merely retaining seized property in open cour India Law Library Docid # 2455302
(171) B.GUNASEKARAN Vs. G.BIRUNDHA[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Hindu Marriage Act, 1955 — Section 13(1)(i-a) and Section 9 — Dissolution of marriage — Restitution of conjugal rights — Breakdown of mutual trust — Husband alleged illicit relationship against wife but expressed willingness to resume cohabitation — Held, marriage is founded upon mutual trust, respect, companionship, and affection — A unilateral expression of willingness cannot restore a matrimonial relationship where the fundamental trust has been severely eroded by serious allegations, police India Law Library Docid # 2455313
(172) RAJENDRAN AND OTHERS Vs. THE STATE OF TAMILNADU AND ANOTHER[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Penal Code, 1860 — Sections 417, 420 and 506(ii) — Cheating and Criminal Intimidation — Financial transactions between spouses — Matrimonial discord — Complainant alleged that his wife took money from him and gave it to her parents — Dishonest intention must exist at the inception with fraudulent inducement — Financial transfers between spouses during the subsistence of marriage are civil in nature — In the absence of any inducement by wife's relatives, offences under Sections 417 and 420 IPC ar India Law Library Docid # 2455321
(173) K.S.ESWARAN Vs. R.RATHINAVEL PANDIAN AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Registration Act, 1908 — Section 17(1A) and Section 49 Proviso — Specific Relief Act, 1963 — Unregistered agreement to sell — Admissibility in evidence — Suit for specific performance of resale agreement — Defendant contended that the unregistered resale agreement and subsequent endorsement were inadmissible for want of compulsory registration — Held, under the Proviso to Section 49 of the Registration Act, an unregistered agreement affecting immovable property is admissible as evidence of a con India Law Library Docid # 2455323
(174) B.GUNASEKARAN Vs. G.BIRUNDHA[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Hindu Marriage Act, 1955 — Section 9 and Section 13(1)(i-a) — Restitution of conjugal rights and Divorce — Erosion of mutual trust — Unilateral willingness to reconcile — Husband resisted divorce and sought restitution expressing readiness to forgive the wife — Held, a mere unilateral expression of willingness by one spouse cannot revive a marriage when the foundational mutual trust is severely eroded. Where parties have exchanged serious allegations, lodged police complaints, and lived in prolo India Law Library Docid # 2455324
(175) M.RAMKUMAR Vs. P.MURUHESWARI @ NEVETHA LAKSHMI[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Hindu Marriage Act, 1955 — Section 13(1)(ia) — Dissolution of marriage — Mental cruelty — Cumulative assessment — Parties married for over two decades and having three children lived separately for several years — Respondent-wife categorically stated in cross-examination that she was unwilling to resume cohabitation, and that any willingness was conditioned solely on the children's welfare — Held, while ordinary wear and tear does not constitute cruelty, prolonged separation, total absence of ma India Law Library Docid # 2455326
(176) RAJENDRAN AND OTHERS Vs. THE STATE OF TAMILNADU AND ANOTHER[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Penal Code, 1860 — Sections 417, 420 and 506(ii) — Cheating and Criminal Intimidation — Matrimonial dispute — Money transaction between spouses — Ingredients of cheating require fraudulent or dishonest inducement at inception — Money given by husband to his wife during the subsistence of marriage and allegedly passed to in-laws, without direct inducement by them, constitutes a dispute civil in nature — Section 506(ii) IPC added only in final report based on vague and omnibus allegations lacking India Law Library Docid # 2455327
(177) K.KARUNANITHI Vs. AXIS BANK[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Civil Procedure Code, 1908 (CPC) — Order I Rule 10 — Impleadment — Necessary and proper party — Writ petition filed by secured creditor restraining authorities from proceeding against mortgaged property under TNPID Act — Depositor of defaulting financial establishment sought impleadment — Held, applicant held merely an independent monetary claim against the financial establishment and had no right, title, or interest over the mortgaged properties — Cause of action in writ petition was limited to India Law Library Docid # 2455331
(178) K.S.ESWARAN Vs. R.RATHINAVEL PANDIAN AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 08-10-2026 Registration Act, 1908 — Section 17(1A) and Section 49 Proviso — Specific Relief Act, 1963 — Suit for specific performance of unregistered resale agreement — Admissibility in evidence — Defendant contended that an unregistered agreement for reconveyance of immovable property is invalid and inadmissible — Held, as per the proviso to Section 49 of the Registration Act, an unregistered agreement affecting immovable property is admissible in evidence to prove the contract in a suit for specific perf India Law Library Docid # 2455332
(179) NEELAM KUMAR KATARA AND OTHERS Vs. KALPANA TARAK MEHTA AND OTHERS[BOMBAY HIGH COURT] 08-10-2026 Contract Act, 1872 — Discharge of contractual obligations — Timelines — Mode of payment by Demand Draft — Date of payment relates back to date of delivery — Applicants deposited Demand Drafts with mortgagee bank on or before the agreed cut-off date of 31st March 2026, though credit reflected on 4th April 2026 — Held, tender of Demand Drafts on or before the stipulated date constituted valid and timely discharge of contractual obligations — Applicants cannot be visited with consequences of intern India Law Library Docid # 2455260
(180) THE KOLHAPUR MUNICIPAL CORPORATION Vs. FAIRDEAL CONSTRUCTION[BOMBAY HIGH COURT] 08-10-2026 Arbitration and Conciliation Act, 1996 — Section 34 & 34(2A) — Patent illegality — Reappreciation of evidence — Scope of interference — Arbitral Tribunal awarded octroi collections based on record, adverse inferences drawn for non-production of vital documents by Petitioner, and computation by a consent-appointed expert Chartered Accountant — Held, the arbitrator is the master of facts and evidence — Substituting court's view or reappreciating evidence is impermissible under Section 34 — Tender India Law Library Docid # 2455261