(401) BHUTORIA BROTHERS PRIVATE LIMITED Vs. UNION OF INDIA[CALCUTTA HIGH COURT] 29-09-2026 Letters Patent, 1865 — Clause 12 — Suit for land — Claim for damages — Distinction — Plaintiff sought a money decree for damages suffered due to customs authorities retaining possession of tenancy premises following search and seizure — Plaintiff did not seek any declaration of title in respect of the immovable property situated outside jurisdiction — Held, the suit was essentially a claim for damages and did not constitute a "suit for land" within the meaning of Clause 12 of the Letters Patent, India Law Library Docid # 2454317
(402) SHALIMAR WIRES INDUSTRIES LIMITED Vs. STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 29-09-2026 West Bengal Estates Acquisition Act, 1953 — Sections 2(k), 4 and 5 — West Bengal Non-Agricultural Tenancy Act, 1949 — Section 2(5) — Status of "Dakhalkar" — Non-agricultural tenancy — Petitioner claimed exemption from vesting asserting that recording as "Dakhalkar" conferred status of non-agricultural tenant — Held, to establish non-agricultural tenancy, foundational criteria of holding land under a superior person and payment of rent must be proved — "Dakhalkar" merely denotes an occupant and d India Law Library Docid # 2454321
(403) SAMIR AHMED KHAN Vs. THE CHAIRMAN, EMPLOYEES' PROVIDENT FUND ORGANISATION & ORS.[CALCUTTA HIGH COURT] 29-09-2026 Constitution of India, 1950 — Article 226 — Writ jurisdiction — Disputed questions of fact — Employees' Provident Fund and Pension dues — Petitioner sought direction for re-fixation and release of pensionary dues, claiming higher entitlement and alleging non-deposit of employer contributions and unpaid salary for extra service rendered — Provident Fund authorities demonstrated settlement of provident fund accumulations and sanction of monthly pension based on records — Held, claims involving dis India Law Library Docid # 2454323
(404) NDM SEAFOOD PROCESSORS PVT. LTD. AND OTHERS Vs. STATE OF WEST BENGAL AND ANR.[CALCUTTA HIGH COURT] 29-09-2026 Penal Code, 1860 (IPC) — Section 420 — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Cheating — Commercial dispute — Defective goods supplied — Purchaser raising contemporaneous documented objections regarding substandard quality and demanding refund — Subsequent withholding of payment — Essential ingredient of dishonest or fraudulent inducement ab initio was completely absent — Standard commercial default or breach of warranty under Sale of Goods Act cannot be converted into a criminal o India Law Library Docid # 2454326
(405) HIMADRI PODDAR Vs. ST. XAVIER'S UNIVERSITY AND OTHERS[CALCUTTA HIGH COURT] 29-09-2026 Legal Education — Attendance Requirements — St. Xavier's University Regulations, Clause 3.4 — Debarment from semester examination due to attendance shortage — Petitioner secured 61.57% attendance against mandatory 75% requirement, falling below the 65% threshold for condonation — Professional legal education requires strict adherence to attendance norms to ensure adequate training of future legal practitioners — Discretion to condone cannot be exercised below the statutory outer cap — University India Law Library Docid # 2454327
(406) NATIONAL INSURANCE COMPANY LTD. Vs. SHRI. MOHAMMED ASLAM AND ANOTHER[CALCUTTA HIGH COURT (CIRCUIT BENCH AT PORT BLAIR)] 29-09-2026 Motor Vehicles Act, 1988 — Sections 163A and 166 — Conversion of claim petition — Maintainability — Annual income exceeding statutory ceiling — Claim petition originally filed under Section 166 converted to Section 163A — Insurer challenged maintainability on ground that claimant's annual income exceeded Rs. 40,000/- prescribed under Second Schedule — Held, conversion from Section 166 to Section 163A is permissible depending upon the facts and circumstances — The prescribed annual income limit i India Law Library Docid # 2454342
(407) CHAINA KHATUN @ SAINA KHATUN Vs. THE UNION OF INDIA AND 5 ORS[GAUHATI HIGH COURT] 29-09-2026 Foreigners Act, 1946 — Section 9 — Burden of proof — Proceedee declared foreigner post 25.03.1971 — Challenge thereto — Scope of Section 9 — Held, onus of proving Indian citizenship lies squarely on the proceedee and never shifts — Non-obstante clause excludes Indian Evidence Act — Facts such as date and place of birth, parents' citizenship and lineage are within the proceedee's exclusive personal knowledge — Rebuttal evidence by State authorities is not mandatory unless proceedee first establis India Law Library Docid # 2454343
(408) THE STATE OF ASSAM Vs. BINA PANI DUTTA AND ORS[GAUHATI HIGH COURT] 29-09-2026 Fundamental Rules — F.R. 56(c) — Voluntary Retirement — Incompetent Authority — Notice requirement — Government servant submitted application for voluntary retirement addressed to Treasury Officer instead of the appointing authority, namely Deputy Commissioner — Held, under F.R. 56(c), notice must be submitted to the appropriate authority — Merely forwarding such invalid application by a subordinate officer to the competent authority cannot cure the defect or sanctify an application bad at its i India Law Library Docid # 2454346
(409) SHRI IMCHATOBA IMCHEN AND OTHERS Vs. THE STATE OF NAGALAND[GAUHATI HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Bharatiya Nyaya Sanhita, 2023 (BNS) — Sections 174, 324(5), 329(3), 329(4) and 351(2) — Quashing of criminal proceedings on compromise — Scope of inherent powers — High Court's jurisdiction under Section 528 BNSS is of wide amplitude and distinct from statutory compounding — Inherent powers can be invoked to quash an FIR, chargesheet, and criminal proceedings even for non-compoundable offences if the dispute is amicably settled, pro India Law Library Docid # 2454353
(410) AMDADUL HOQUE Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 35(3) and Section 35(1)(b) — Power of arrest — Offences punishable with imprisonment up to seven years — Statutory requirement of recording reasons — Issuance of notice under Section 35(3) of BNSS is the general rule, and arrest is an exception — Police officer is statutorily required to record reasons in writing justifying the necessity of arrest and demonstrating why notice would not suffice — Where the Investigating Officer failed to record a India Law Library Docid # 2454354
(411) SOLEMAN ANSARY @ ANSARI Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Seizure and custody of cash — Closure of criminal proceedings — Police seized Rs. 19,99,500/- on suspicion of cattle smuggling but later filed a final report seeking discharge of petitioner for lack of evidence — Magistrate rejected custody plea on grounds of non-filing of income tax returns and statutory limits on cash possession — Sustainability of rejection — Held, articles and currency notes seized in connection with a criminal case sh India Law Library Docid # 2454360
(412) KAPE GADI AND ANOTHER Vs. THE STATE OF AP[GAUHATI HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 [Criminal Procedure Code, 1973 (CrPC) — Section 482] — Penal Code, 1860 (IPC) — Sections 312 and 498A — Quashing of criminal proceedings — Joint application by accused-husband and informant-wife — Allegations of assault, harassment, and causing miscarriage stemming from matrimonial discord — Execution of mutual compromise deed during trial — Wife expressing no grievance and unwillingness to proceed — Held, the dispute being purely private wi India Law Library Docid # 2454364
(413) THE BRANCH MANAGER, STATE BANK OF INDIA Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Quashing of complaint proceedings — Premature stage — Petitioner-bank manager sought quashing of a complaint case alleging fraud, cheating, and forgery in a loan transaction — Complaint proceeding was at the pre-cognizance stage fixed only for recording the initial deposition of the complainant and witnesses — High Court declined to examine the merits of the dispute or quash proceedings, holding that invoking inherent powers under S India Law Library Docid # 2454373
(414) AMIT SARIN AND OTHERS Vs. NASIMA RAHMAN AND OTHERS[GAUHATI HIGH COURT] 29-09-2026 Civil Procedure Code, 1908 (CPC) — Section 115 — Revisional jurisdiction — Maintainability — Availability of alternative statutory remedy of appeal — Revisional power of the High Court under Section 115 is strictly confined to cases decided by subordinate courts where no appeal lies thereto — Where petitioners suffered an ex parte preliminary decree for partition that was affirmed with modifications in first appeal, but failed to apply under Order IX Rule 13 or file a second appeal against the a India Law Library Docid # 2454375
(415) MANE NARAYAN HINDURAO AND OTHERS Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 29-09-2026 Constitution of India, 1950 — Article 226 — Territorial Jurisdiction — Joinder of petitioners — Multiplicity of proceedings — Ten petitioners jointly challenged the rejection of their service re-designation based on an identical cause of action — Only four petitioners were serving within the territorial jurisdiction of the High Court — Maintainability challenged by respondents — Held, as the cause of action is identical, entertaining the petition causes no prejudice to the respondents — Non-suit India Law Library Docid # 2454377
(416) SHRI.?????. MARAK Vs. THE GARO HILLS AUTONOMOUS DISTRICT COUNCIL (GHADC) AND OTHERS[MEGHALAYA HIGH COURT] 29-09-2026 Civil Procedure — Review — Leave to review sought by non-party — Maintainability — Writ petition disposed of upon taking on record an amicable out-of-court settlement deed executed between the original parties — Applicant, not a party to the proceedings, sought leave to review the order alleging to be an interested party unaware of the settlement — Held, because the settlement was arrived at independently out of court and not under court directions, granting leave to review the order recording i India Law Library Docid # 2454385
(417) SHRI DRETHIN M SANGMA Vs. UNION OF INDIA[MEGHALAYA HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 223 — Constitution of India, 1950 — Article 21 — Cognizance on complaint — Pre-cognizance hearing — Applicability to absconding accused — Final complaint filed by NCB under NDPS Act naming accused as absconder — Special Judge took cognizance and issued bailable warrant without hearing accused — Accused challenged custody alleging violation of personal liberty and Section 223 BNSS — Held, since the accused was absconding throughout the investigat India Law Library Docid # 2454386
(418) SHRI. TENGCHAT R. SANGMA Vs. THE STATE OF MEGHALAYA[MEGHALAYA HIGH COURT] 29-09-2026 Bharatiya Nyaya Sanhita, 2023 — Sections 69, 74, 115(2) and 351(2) — Anticipatory Bail — Allegation of sexual relationship on false promise to marry — Relationship between two adults was initially consensual and emotional, but subsequently turned sour — Complainant alleged that petitioner backtracked on his promise of marriage, leading to registration of FIR — Petitioner was granted interim protection and cooperated with the investigation by appearing before the Investigating Officer on multiple India Law Library Docid # 2454387
(419) BIPIN KUMAR VERMA Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 29-09-2026 Service Law — Regularization treated as fresh appointment — Continuous daily wage service — State as constitutional employer — Petitioner engaged as daily wager on sanctioned post in 1980 was absorbed in 2012 as a fresh appointee, resulting in pay reduction and denial of pensionary benefits — State cannot act as a mere market participant to extract long-term regular labour under precarious engagements — Prolonged ad-hocism where work is perennial offends Articles 14, 16, and 21 of Constitution — India Law Library Docid # 2454393
(420) ASHOK SAH @ ASHOK KUMAR SAH Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 29-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 145 — Scope and inquiry — Possession versus title — Spot verification — Order under Section 145 Cr.P.C. is based on the subjective satisfaction of the Magistrate, and conducting an on-spot verification is not legally mandatory. The inquiry under Section 145 is confined strictly to actual physical possession and does not decide complicated questions of title. The Magistrate may only incidentally refer to documents of title to lend strength to the det India Law Library Docid # 2454414