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(381) USMAN ALIAS GORU FARUK BHAI PATEL Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Indian Penal Code, 1860 — Sections 307, 323, 324, 325, 326, 504, 506(2) and 114 — Regular Bail — Re-arrest under Non-Bailable Warrant — Applicant, who had previously been granted regular bail, was re-arrested on a non-bailable warrant after failing to mark presence and attend sessions proceedings — Held, mere failure to attend court proceedings does not constitute sufficient ground to cancel or permanently deny bail where the applicant giv
India Law Library Docid # 2455005

(382) SAHIL @ BHURO MUKESHBHAI PATADIYA ZALA Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-09-2026
Gujarat Control of Terrorism and Organized Crime Act, 2015 — Sections 3(1), 3(2), 3(4) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Grant of regular bail — Essential ingredients of organized crime — Prosecution must establish the existence of continuing unlawful activity and demonstrate a clear nexus between substantive offences and an organized crime syndicate — Merely citing past antecedents, including Prohibition Act cases, without establishing such nexus is insufficient — Where
India Law Library Docid # 2455006

(383) KARANBHAI MOHANBHAI ATHVALE Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-09-2026
Gujarat Control of Terrorism and Organized Crime Act, 2015 — Sections 3(1)(i)(ii), 3(2) and 3(4) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Regular bail — Essential ingredients of organized crime — Existence of continuing unlawful activity and syndicate nexus — Prosecution must establish a clear nexus between alleged substantive offences and an organized crime syndicate — Mere allegations or registration of offences under the Prohibition Act without showing such nexus or triggeri
India Law Library Docid # 2455029

(384) SANGHWANI JAHIR MAHMAD RAFIK Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 30-09-2026
Gujarat Control of Terrorism and Organized Crime Act, 2015 — Sections 3(1), 3(2) and 3(4) — Regular bail — Ingredients of organized crime — Continuing unlawful activity — Accused booked under the GUJCTOC Act primarily based on 21 Prohibition Act offences without any substantive triggering offence — Held, prosecution must establish continuing unlawful activity and demonstrate a clear nexus between the alleged substantive offences and an organized crime syndicate — Merely showing involvement in is
India Law Library Docid # 2455031

(385) YAGNESHKUMAR SOMABHAI AAHIR Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 30-09-2026
Code of Criminal Procedure, 1973 — Section 482 — Constitution of India — Articles 226 and 227 — Inherent powers — Scope of interference at threshold — Routine motor accident converted into culpable homicide — While the High Court cannot conduct a mini-trial or appreciate evidence at the threshold, it is duty-bound to intervene where uncontroverted allegations in the FIR and charge-sheet do not disclose the essential ingredients of a grave offence like Section 304 IPC — Permitting inclusion of su
India Law Library Docid # 2455032

(386) BHASHKAR BHIKHABHIA MANGANBHAI Vs. JITENDRABHAI BHIKHABHAI PARMAR AND OTHERS[GUJARAT HIGH COURT] 30-09-2026
Code of Criminal Procedure, 1973 — Section 378 — Appeal against acquittal — Scope of interference — Circumstantial evidence — High Court reaffirmed that an appellate court should interfere with an acquittal only in exceptional cases where compelling circumstances exist and the judgment is perverse. An acquittal reinforces the presumption of innocence. Where the case rests entirely on circumstantial evidence, the circumstances must be conclusively established to form a complete chain excluding ev
India Law Library Docid # 2455033

(387) MANISH Vs. NATIONAL INVESTIGATION AGENCY[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-09-2026
National Investigation Agency Act, 2008 — Section 21 — Bharatiya Nyaya Sanhita, 2023 — Sections 308(4) and 111(3) — Arms Act, 1959 — Sections 3, 25, 25(1AA) — Denial of bail — Appeal — Firing of 35 rounds at hotel and extortion demand of Rs. 5 crore — Prima facie case — Consideration of bail does not warrant meticulous examination or mini-trial — Statements of witnesses in sealed cover connecting accused with organised criminal activity — Serious nature and gravity of accusation, flight risk, an
India Law Library Docid # 2455055

(388) OM PRAKASH Vs. AYODHYA PRASAD[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-09-2026
Civil Procedure Code, 1908 — Section 100 — Scope and exercise of jurisdiction in Second Appeal — Test of "substantial question of law" — High Court is not required to examine rival contentions on merits at the threshold stage — Second appeal is maintainable only if it involves a substantial question of law — To qualify as substantial, a question must be real, essential, debatable, not settled by binding precedent, and must have a material bearing on the decision affecting the rights of parties —
India Law Library Docid # 2455056

(389) M/S RASHTRADOOT H.U.F. Vs. THE STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 30-09-2026
Constitution of India — Article 226 — Maintainability of writ petition — Alternative statutory remedy — Violation of principles of natural justice — Petitioner challenged assessment orders without availing remedy of statutory appeal under Section 16 of Rajasthan Lands and Buildings Tax Act, 1964 — Held, the rule of exhaustion of alternative remedy is a self-imposed restriction and not an absolute bar to writ jurisdiction — High Court can entertain a writ petition under Article 226 when the impug
India Law Library Docid # 2455057

(390) JAGDISH SINGH Vs. THE STATE OF JHARKHAND AND ANOTHER[JHARKHAND HIGH COURT] 30-09-2026
Criminal Jurisprudence — Appeal against acquittal — Principles and scope of interference — Presumption of innocence — Power of High Court to reappreciate evidence in acquittal appeals is qualified — Acquittal cannot be reversed merely because a different view is plausible — If appreciation of evidence yields two equally plausible views, the view favouring the accused must prevail — Interference by the appellate court is warranted only when the trial court's judgment is perverse, contrary to the
India Law Library Docid # 2455224

(391) NASEEM KHAN @ LALLU KHAN @ LALU KHAN Vs. THE STATE OF JHARKHAND AND ANOTHER[JHARKHAND HIGH COURT] 30-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Code of Criminal Procedure, 1973 — Section 482 — Inherent power of High Court to quash criminal proceedings based on compromise — Scope and applicability — Principles reiterated from Supreme Court precedents — High Court possesses wide inherent powers to secure ends of justice and prevent abuse of the process of court — Criminal proceedings can be quashed where dispute between parties is personal in nature, does not involve heinous offence
India Law Library Docid # 2455225

(392) M/S KOLESHWARI INFRACONS PVT. LTD. Vs. THE STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 30-09-2026
Constitution of India, 1950 — Article 226 — Administrative Law — Principles of Natural Justice — Suspension of contractor's registration — Debarment and Blacklisting — Petitioner's registration was suspended without a specific show-cause notice proposing debarment — Suspension of registration carries serious civil and commercial consequences and virtually amounts to blacklisting — A valid show-cause notice clearly indicating the precise proposed action, either expressly or by necessary implicati
India Law Library Docid # 2455226

(393) ARMAN ANSARI Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 30-09-2026
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — Grant of bail to juvenile in conflict with law — Principles applicable — Bail to a juvenile is a rule and refusal is an exception — Section 12 overrides the Code of Criminal Procedure, 1973 and any other law in force — Bail can be denied only under three statutory exceptions: likelihood of association with known criminals, exposure to moral, physical or psychological danger, or where release would defeat the ends of just
India Law Library Docid # 2455228

(394) KAILASH RAM AND ANOTHER Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 30-09-2026
Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 106 and Section 114 — Circumstantial evidence — Matrimonial home death — Reverse burden — Deceased wife found dead due to asphyxia by throttling inside the matrimonial home — Accused-husband had motive due to deceased being issueless and his recent second marriage — Husband absconded immediately after incident and offered no explanation regarding circumstances of death — Where homicidal death occurs within four corners of matrim
India Law Library Docid # 2455229

(395) RAJ KUMAR BHAGAT @ RAJKUMAR BHAGAT Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 30-09-2026
Unlawful Activities (Prevention) Act, 1967 — Section 43D(5) — National Investigation Agency Act, 2008 — Section 21(4) — Regular Bail — Ambush of police convoy resulting in death of Superintendent of Police and police personnel — Proviso to Section 43D(5) creates a statutory bar on granting bail if accusations under Chapter IV/VI are prima facie true based on the case diary or police report — Court is required to examine broad probabilities without conducting a mini-trial — Case diary specificall
India Law Library Docid # 2455230

(396) JAINUL ANSARI @ MD. JAINUL ANSARI Vs. THE STATE OF JHARKHAND AND ANOTHER[JHARKHAND HIGH COURT] 30-09-2026
Penal Code, 1860 (IPC) — Section 376(2)(n) — Rape — Determination of age and consent — Prosecutrix was medically and radiologically determined to be over 18 years of age. Medical examination revealed no external injuries, signs of struggle, or evidence of recent intercourse, while allegations of pregnancy termination were unsubstantiated by medical records. Long-standing physical relationship between two consenting adults without complaint indicates consensual intimacy. Where the prosecutrix is
India Law Library Docid # 2455231

(397) BOMBAY GARAGE AHMEDABAD LIMITED AND OTHERS Vs. JP ISCON PRIVATE LTD. AND ANOTHER[SUPREME COURT OF INDIA] 29-09-2026
Civil Procedure Code, 1908 (CPC) — Order 2 Rule 2 — Bar of suit — Omission to sue for one of several reliefs — Plaint in subsequent suit seeking specific performance based on an oral agreement — Plaintiff had previously instituted a suit for permanent injunction against alienation of suit property based on the same cause of action — Said earlier suit was withdrawn seeking liberty to file a fresh suit — Held, a subsequent suit claiming specific performance is barred by Order 2 Rule 2 when no leav
India Law Library Docid # 2454043

(398) SANJAY BADAYA Vs. STATE OF RAJASTHAN[SUPREME COURT OF INDIA] 29-09-2026
Criminal Procedure Code, 1973 (CrPC) — Constitution of India, 1950 — Article 21 — Grant of Regular Bail — Pre-trial Incarceration — Prolonged Delay in Trial — Chargesheets filed and investigation complete qua the appellants — Evidence predominantly rests on voluminous documentary records and electronic trails already in safe custody of investigating agency — Trial yet to commence due to pending investigation against co-accused, absconding accused, and recent grant of sanction for prosecution — P
India Law Library Docid # 2454044

(399) MANGAL BUILDERS AND ENTERPRISES LIMITED AND ORS. Vs. WILLIAMSON MAGOR & COMPANY LIMITED AND ANR.[CALCUTTA HIGH COURT] 29-09-2026
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Commercial Courts Act, 2015 — Section 2(1)(c)(7) — Rejection of plaint — Jurisdiction — In a suit for recovery of possession with mesne profits upon lease expiry, defendant sought rejection of plaint alleging the suit property was commercial — Held, an application under Order 7 Rule 11 CPC for rejection of plaint must be considered prior to other applications, including applications for injunction or summary judgment, as it strikes at the root
India Law Library Docid # 2454310

(400) AKASH M.V. AND OTHERS Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 29-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 447(2) Proviso — Transfer of Criminal Case — Condition precedent — Application rejected by Sessions Judge — High Court's jurisdiction — Proviso to Section 447(2) explicitly requires that an application for transfer within the sessions division must first be made to and rejected by the Sessions Judge — This requirement operates solely as a condition precedent to invoke the High Court's transfer jurisdiction — It does not require the party to chal
India Law Library Docid # 2454240

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