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(321) THE GOVT. OF NCT OF DELHI AND ORS Vs. SHRI HARI SINGH & ORS.[DELHI HIGH COURT] 30-09-2026
Limitation Act, 1963 — Section 5 — Civil Procedure Code, 1908 (CPC) — Order 41 Rule 3A — Condonation of delay by Government — Sufficiency of explanation versus length of delay — Appellants sought condonation of delay ranging from 1182 to 1436 days in filing appeals — Held, length of delay is not determinative if explanation is genuine, reasonable, and sufficient — State furnished a continuous, date-specific chronology demonstrating multi-tiered departmental examination, administrative approvals,
India Law Library Docid # 2454298

(322) ARVIND GUPTA Vs. LIEUTENANT GOVERNOR DELHI AND OTHERS[DELHI HIGH COURT] 30-09-2026
Delhi Development Authority — Leasehold to Freehold Conversion Scheme — Levy of Misuse Charges — Interplay between 1996 Circular and Subsequent Circulars — Commercial misuse of residential premises continued after applying for conversion — Held, mere filing of a conversion application does not extinguish the liability to pay misuse charges for continuing misuse — Clause 7(ii) of the 1996 Circular prescribes conditions for converting property with permissible misused area, whereas Subsequent Circ
India Law Library Docid # 2454299

(323) VIJAY BISHNOI Vs. COMPETITION COMMISSION OF INDIA[DELHI HIGH COURT] 30-09-2026
Central Civil Services (Classification, Control and Appeal) Rules, 1965 — Rule 14(3) — Competition Act, 2002 — Section 13 — Disciplinary Proceedings — Approval of Charge Memorandum — Competition Commission of India (CCI) approved the Draft Chargesheet before forwarding it for first-stage advice to Central Vigilance Commission (CVC) — CVC concurred without suggesting any changes — Charge memorandum subsequently issued was identical to the approved draft — Held, where the CVC suggests no alteratio
India Law Library Docid # 2454300

(324) PANNEERSELVAM. K AND OTHERS Vs. THE STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 30-09-2026
Constitution of India, 1950 — Article 226 — Service Law — Advance Incentive Increment — Nature of Right — Replacement with Lump-sum Grant — Government Orders G.O.Ms.No.37 and G.O.Ms.No.95 — Grant of advance increments for acquiring higher educational qualifications is merely an incentive and a concession, not a condition of service or a vested right — Government is fully competent to review, modify, or dispense with such policy concessions — Fixation of 10.03.2020 as cut-off date replacing recur
India Law Library Docid # 2454562

(325) JAYASURIYA Vs. STATE OF TAMIL NADU AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 30-09-2026
Tamil Nadu Survey and Boundaries Act, 1923 — Sections 3(i), 3(ii) and 10 — Scope of "Government land" — Jurisdiction of Survey Officer over private lands — Contention that the Act applies solely to lands owned by the Government rejected — Under Section 3(ii), "Government land" is defined as any land not forming an estate or portion thereof, regardless of whether it is owned by the Government or a private individual — Provisions of the Act apply to all lands situated outside an "estate" — Survey
India Law Library Docid # 2454566

(326) JAHIR HUSSAIN Vs. U.A.RAHMAN BACHA AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 30-09-2026
Provincial Insolvency Act, 1920 — Sections 9 and 10 — Practice and Procedure — Maintainability of creditor's petition mistakenly filed under debtor's provision — Petition by creditors seeking insolvency adjudication erroneously cited Section 10 instead of Section 9 — Held, remedies sought through a petition must be statute-specific and adhere to the parameters of the governing provision — However, wrong quoting or misquoting of a statutory provision does not render the petition non-maintainable
India Law Library Docid # 2454567

(327) D.PARAMASIVAM Vs. THE STATE OF TAMILNADU AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 30-09-2026
Constitution of India, 1950 — Article 226 — Disciplinary Proceedings — Scope of Judicial Review — Standard of proof — Petitioner, a co-operative society salesman, was dismissed for financial irregularities, falsification of accounts, and misappropriation — Court held that the scope of judicial review under Article 226 is limited and the High Court cannot sit as an appellate authority to re-appreciate evidence unless the findings are perverse or based on no evidence — Unlike criminal trials requi
India Law Library Docid # 2454569

(328) DAKSHINAMOORTHY Vs. K. SRIMATHI AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 30-09-2026
Civil Procedure Code, 1908 (CPC) — Section 96 — Right of appeal of a party-defendant — Suit for declaration and mandatory injunction — Trial court decreed suit in favour of plaintiff — Defendants 1 and 2 (allotting authorities) did not challenge the decree — Appeal preferred solely by defendant 3, who asserted an independent claim of occupation — Plaintiff questioned defendant 3's locus standi to appeal — Held, the statutory right of appeal under Section 96 is available to a party-defendant — Pl
India Law Library Docid # 2454559

(329) SMT. SARASWATI SIDAR Vs. CHHATTISGARH STATE INFORMATION COMMISSION THROUGH STATE CHIEF INFORMATION COMMISSION[CHHATTISGARH HIGH COURT] 30-09-2026
Right to Information Act, 2005 — Section 20(1) — Imposition of penalty on Public Information Officer — Statutory requirements — State Information Commission imposed maximum penalty of ?25,000/- for alleged negligence in handling RTI application — Held, power to impose penalty under Section 20(1) is penal in nature and cannot be exercised mechanically or routinely — Provisions carrying serious civil consequences must be strictly construed — Penalty cannot be sustained without a specific, reasoned
India Law Library Docid # 2454582

(330) ZILABIYA MINJ AND OTHERS Vs. PARSHU KHALKHO AND ANOTHER[CHHATTISGARH HIGH COURT] 30-09-2026
Motor Vehicles Act, 1988 — Section 163-A — Claim for compensation — Borrower of vehicle stepping into shoes of owner — Deceased borrowed and was riding the offending motorcycle when he met with an accident and died — Tribunal dismissed the claim petition — Held, the deceased was not a third party in relation to the offending vehicle, but stepped into the shoes of the owner — Provisions of Section 163-A have no application to an accident wherein the owner or a borrower stepping into the shoes of
India Law Library Docid # 2454583

(331) JAGWAT SATNAMI AND OTHERS Vs. DURGENDRA DAS PATRE AND OTHERS[CHHATTISGARH HIGH COURT] 30-09-2026
Registration Act, 1908 — Sections 17(1)(b) and 49 — Indian Stamp Act, 1899 — Section 35 — Unregistered relinquishment deed — Admissibility and evidentiary value — First Appellate Court granted a decree of possession relying on an unregistered agreement executed on a ten-rupee stamp paper purporting to relinquish rights in immovable property — Held, nomenclature is not decisive; the substance of the document determines its character — A non-testamentary instrument extinguishing right or interest
India Law Library Docid # 2454600

(332) MANNU BAGHEL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 30-09-2026
Criminal Law — Appreciation of Evidence — Assault with weapon — Injured testimony supported by witnesses — Complainant-wife testified that accused-husband stabbed her in the abdomen with a knife upon her refusal to return to her matrimonial home — Statements of victim were duly corroborated by her father, sister-in-law, and neighbour, with nothing elicited in cross-examination to discredit them — Medical evidence confirmed a stab wound on victim's upper stomach caused by a hard and pointed objec
India Law Library Docid # 2454601

(333) SAIRENDHRI MAHANTA Vs. STATE OF ODISHA (VIGILANCE)[ORISSA HIGH COURT] 30-09-2026
Criminal Procedure Code, 1973 (CrPC) — Sections 228, 397 and 401 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 438 and 442 — Prevention of Corruption Act, 1988 — Sections 13(1)(e) and 13(2) — Framing of charge — Revisional jurisdiction — Scope — While examining an order framing charge in revisional jurisdiction, High Court must exercise great restraint and not undertake meticulous appreciation of evidence — Court is only required to see whether sufficient prima facie material exists givi
India Law Library Docid # 2454602

(334) HARIHAR PRUSTY Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 30-09-2026
Criminal Procedure Code, 1973 (CrPC) — Sections 156(3) and 200 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 175(3) and 223 — Registration of FIR — Maintainability of writ petition — High Court's extraordinary jurisdiction — Police inaction — Aggrieved person sought direction for registration of FIR regarding alleged illegal encroachment on deity's property — Held, where police fail to register an FIR or conduct a proper investigation, the aggrieved party should ordinarily resort to stat
India Law Library Docid # 2454603

(335) GONDA @ DINABANDHU MOHANTA Vs. STATE OF ORISSA[ORISSA HIGH COURT] 30-09-2026
Penal Code, 1860 (IPC) — Sections 366 and 376 — Kidnapping and Rape — Minor victim — Effect of consent — Informant alleged that accused kidnapped her 14-year-old daughter and committed rape — Medical examination revealed no external bodily injuries, though sexual intercourse was not ruled out — Accused and victim were rescued together from a house — Trial court held that even if the circumstances suggested consent on the part of the prosecutrix, her consent was immaterial and legally negligible
India Law Library Docid # 2454604

(336) ADITYA MOHAPATRA Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 30-09-2026
Orissa Motor Vehicles Taxation Act, 1975 — Section 12 — Motor Vehicles Act, 1988 — Section 51(5) — Arrears of tax — Liability of auction purchaser — Vehicle repossessed by bank and sold in e-auction — Taxing authority demanded tax and penalty for period prior to auction — Transferee challenged demand claiming non-use prior to possession — Held, Section 12 imposes a statutory obligation on the transferee or person in possession to pay arrear taxes, including for the period when the previous owner
India Law Library Docid # 2454609

(337) PITABAS SAHU Vs. STATE OF ODISHA[ORISSA HIGH COURT] 30-09-2026
Juvenile Justice (Care and Protection of Children) Act, 2015 — Applicability — Allegation of repeated sexual assault extending over a period — Relevant date for determining juvenility — Where an offence is alleged to have been committed on multiple occasions, juvenility is to be determined with reference to the date of the last alleged incident — Alleged occurrence continued till February 2016, extending beyond 15.01.2016 when the 2015 Act came into force — Proceedings were rightly governed by t
India Law Library Docid # 2454616

(338) TRINATH JENA Vs. CENTRAL BUREAU OF INVESTIGATION[ORISSA HIGH COURT] 30-09-2026
Bharatiya Nyaya Sanhita, 2023 — Sections 3(5), 61(2), 111, 318(4), 319(2), 336(3), 338, 340(2) — Prevention of Unfair Means Examinations Act, 1987 — Sections 5 and 10 — Pre-arrest bail — Recruitment examination scam — Accusations involved large-scale irregularities with inter-state ramifications regarding leaked question papers for Sub-Inspector recruitment — Petitioner actively liaised with agents, arranged candidates, and booked lodging for illicit tutoring — CBI sought custodial interrogation
India Law Library Docid # 2454621

(339) MEENANATH VASANT BODAKE Vs. UNION OF INDIA[BOMBAY HIGH COURT] 30-09-2026
Criminal Procedure Code, 1973 (CrPC) — Section 311 (corresponding to Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 348) — Indian Evidence Act, 1872 — Section 165 — Role and powers of Court — Participatory role in trial — Production and re-examination of evidence — Courts are not expected to be mere tape recorders but must play an active and participatory role in the evidence-collecting process to arrive at the truth — Vast and wide powers conferred under Section 311 Cr.P.C. and Section 165
India Law Library Docid # 2454634

(340) VIDYA VISHWANATH PHALKE Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 30-09-2026
Maharashtra Civil Services (Pension) Rules, 1982 — Rule 2(2) — Defined Contribution Pension Scheme (DCPS) — Cut-off date 01.11.2005 — Entitlement to Old Pension Scheme — Petitioner was appointed to an aided post in 1990 and admitted to the General Provident Fund and pension scheme in 1993 — Initial date of appointment to an aided post, and not the date of a subsequent appointment or date of school receiving grant-in-aid, determines applicability of the Old Pension Scheme — DCPS applies solely to
India Law Library Docid # 2454635

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