(441) ALL INDIA INSTITUTE OF MEDICAL SCIENCE AND ANOTHER Vs. DR. TAMILARASAN M. AND ANOTHER[CHHATTISGARH HIGH COURT] 29-09-2026 Civil Procedure Code, 1908 (CPC) — Order XLVII Rule 1 — Review jurisdiction — Scope and limitations — Rehearing impermissible — Review petition seeking recall of order directing re-evaluation of postgraduate examination — Held, review jurisdiction is extremely limited and cannot be exercised as an appellate jurisdiction merely because another view is possible — Re-appraisal of material already on record is impermissible — A review is maintainable only when an error apparent on the face of the re India Law Library Docid # 2454598
(442) BHAGWANO YADAV AND OTHERS Vs. STATE OF CHHATTISGARH AND ANOTHER[CHHATTISGARH HIGH COURT] 29-09-2026 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 14-A(2), 18 and 18-A — Anticipatory bail — Statutory bar — Scope of judicial scrutiny — Sections 18 and 18-A bar anticipatory bail under Section 438 of the Code of Criminal Procedure. However, if the FIR and supporting materials do not disclose a prima facie case attracting the provisions of the Act, the statutory bar does not operate and courts retain the jurisdiction to grant pre-arrest bail. A duty is ca India Law Library Docid # 2454571
(443) JAI HIND SINDHU EDUCATION TRUST AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 29-09-2026 Maharashtra Municipal Corporations Act, 1949 — Section 132(1)(b) — Maharashtra Public Trusts Act, 1950 — Section 9 — Property tax exemption — Public charitable purpose — Educational institution — Imparting education per se cannot be regarded as an absolute charitable purpose for municipal property tax exemption — To claim exemption, an institution must demonstrate an element of philanthropy and public benefit — If educational activity is carried out with a profit motive or on commercial lines, i India Law Library Docid # 2454639
(444) SHARAD DAYARAM SHINDE Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Bharatiya Nyaya Sanhita, 2023 — Sections 3(5), 316(5), 318(4), 336(3), 338 and 340(2) — Anticipatory Bail — Large-scale employment and salary fraud — Applicant, functioning as Trust Chairman, allegedly appointed 32 teaching and non-teaching staff between 2022 and 2024 by falsely showing their appointments from 2011-2012 — State funds exceeding Rs. 3.66 crores fraudulently drawn towards salary arrears and siphoned into bank accounts of Appl India Law Library Docid # 2454640
(445) VINAYAK POPAT WALE AND OTHERS Vs. BRIHANMUMBAI MUNICIPAL CORPORATION AND ANR.[BOMBAY HIGH COURT] 29-09-2026 Service Law — Public Employment — Prescribed eligibility criteria — Power of employer vs Judicial review — Posts of Junior Engineer — Recruitment Rules prescribed three-year Diploma in Engineering — Petitioners holding only Engineering Degrees claimed eligibility contending higher qualification impliedly satisfied the minimum requirement — Held: Employer is best suited to determine relevance, utility, and suitability of qualifications based on duties and responsibilities — Courts in judicial rev India Law Library Docid # 2454641
(446) M/S GANESH LAND DEVELOPERS & CONSTRUCTION PRIVATE LIMITED AND ANOTHER Vs. SHRADHHA REALTORS AND OTHERS[BOMBAY HIGH COURT] 29-09-2026 Civil Procedure Code, 1908 (CPC) — Order 8 Rule 6-A — Counter-claim by defendant — Scope, nature and limitations — A counter-claim can be set up in respect of any right or claim on an independent cause of action accruing to the defendant against the plaintiff — Cause of action need not arise from, relate to, or have any nexus with the cause of action pleaded by the plaintiff — Identity of property between the suit and counter-claim is not mandatory — Only limitation under Rule 6-A is that the ca India Law Library Docid # 2454643
(447) PAWAN SUBHASH SARKALE AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 29-09-2026 Penal Code, 1860 (IPC) — Sections 383 and 385 — Extortion — Putting person in fear of injury in order to commit extortion — Essential ingredients — Settlement talks between flat purchasers and developer — Flat owners demanded compensation and indicated pursuing pending consumer litigation — Held, the threat must be intentional and of such gravity as to mentally unsettle the person and vitiate free consent — Merely demanding a disproportionate or exorbitant settlement sum does not constitute exto India Law Library Docid # 2454644
(448) FILM & TELEVISION INSTITUTE OF INDIA AND OTHERS Vs. JAVED RASUL BANEDAR AND OTHERS[BOMBAY HIGH COURT] 29-09-2026 Labour and Industrial Law — Employer-Employee Relationship — Contract Labour — Sham Arrangement — Seven workmen initially engaged directly by FTII on daily wages were subsequently routed through successive contractors while continuing to perform identical duties under FTII's control and supervision — Applying the tests in Balwant Rai Saluja, the High Court held that continuous deployment of the same workers across multiple contractors, coupled with initial direct employment and wage payments by India Law Library Docid # 2454645
(449) RUSHABH SEALINK AND LOGISTIC PRIVATE LIMITED Vs. HAPAG-LLOYD (INDIA) PRIVATE LIMITED[BOMBAY HIGH COURT] 29-09-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 and Order VI Rule 17 — Priority between application for rejection of plaint and amendment of plaint — Where an objection under Order 7 Rule 11 goes to the root of the suit, such as a statutory bar or lack of cause of action, it must be heard and decided prior to an application for amendment of the plaint under Order VI Rule 17 — If a suit is barred by law upon presentation, the defect is incurable and the court cannot grant time or consider amen India Law Library Docid # 2454646
(450) URBAN INFRASTRUCTURE TRUSTEES LTD. AND ANOTHER Vs. KISHOR N. SHAH AND OTHERS[BOMBAY HIGH COURT] 29-09-2026 Civil Procedure Code, 1908 (CPC) — Section 51, Order 21 Rules 11, 30 and 37 — Simultaneous execution against person and property — Permissibility — Decree holder sought show-cause notice for arrest and detention of judgment debtors alongside property attachment — Held, there is no statutory bar against concurrent execution proceedings — Under Order 21 Rule 30, a money decree may be executed by detention in civil prison, attachment and sale of property, or both simultaneously — Court has discreti India Law Library Docid # 2454647
(451) KALPATARU GARDENS LIMITED AND ANOTHER Vs. THE STATE OF MAHARASHTRA AND ORS.[BOMBAY HIGH COURT] 29-09-2026 Registration Act, 1908 — Sections 23 and 25 — Maharashtra Stamp Act, 1958 — Presentation of document for registration — Delay caused by statutory adjudication of stamp duty — Petitioners executed a lease deed in 2017 and promptly submitted it for stamp duty adjudication, which remained pending until final determination in April 2025 — Registering authority rejected registration citing expiry of the limitation period under Sections 23 and 25 — Held, delay caused by the Collector of Stamps was bey India Law Library Docid # 2454648
(452) RUPAREL BUILDCON PRIVATE LIMITED Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 29-09-2026 Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 13(2) — Development Control and Promotion Regulations, 2034 — Regulation 33(10) — Recall of court order recording consent terms does not invalidate the underlying agreement between the parties. Where a developer was appointed under consent terms by a slum federation, expended substantial funds, and obtained statutory approvals, the appointment cannot be arbitrarily halted through administrative communications. India Law Library Docid # 2454649
(453) SERUM INSTITUTE OF INDIA PVT LTD. AND ANOTHER Vs. YOHAN TEGRA AND OTHERS[BOMBAY HIGH COURT] 29-09-2026 Civil Procedure Code, 1908 (CPC) — Section 11 and Explanation V — Maintainability of subsequent interim application — Res judicata — Injunction earlier granted against originators to take down defamatory content was breached by uploading fresh defamatory videos — Intermediary platform refused takedown absent specific directions — Fresh application filed against intermediary — Held, res judicata does not bar the subsequent application — Cause of action arose from subsequent events and defiant pos India Law Library Docid # 2454650
(454) BADRILAL Vs. DHOKALRAM AND OTHERS[RAJASTHAN HIGH COURT] 29-09-2026 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 & 2 and Section 151 — Stay of suit proceedings — Effect on interlocutory applications — A general order staying further proceedings of a civil suit does not automatically operate to stay or denude the Trial Court of jurisdiction to decide a pending temporary injunction application — A clear distinction exists between proceedings in furtherance of trial on merits and those collateral, protective, or incidental to preserve the subject matter — Un India Law Library Docid # 2454856
(455) MAHESH KUMAR GUPTA AND OTHERS Vs. STATE OF RAJASTHAN, THROUGH PUBLIC PROSECUTOR[RAJASTHAN HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Right to travel abroad — Familial necessity — Attending ailing child — Trial court rejected travel permission on ground that medical advice was on an OPD basis without hospitalization — Held, unsustainable — Hospitalization is not a sine qua non for parents to attend upon an ailing child scheduled for surgery abroad — Natural instinct of parents to be alongside their unwell child is a genuine familial circumstance — An accused retains the India Law Library Docid # 2454858
(456) NATHA RAM CHOUDHARY Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 29-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Natural Justice — Audi alteram partem — Dismissal for non-prosecution — Recall application — Petitioner sought recall of an order dismissing his restoration application for non-prosecution, pleading denial of hearing and unauthorized withdrawal by counsel — Held, the principle of natural justice cannot be invoked where an applicant was granted repeated opportunities to prosecute his application and submit supporting affidavits, but failed to a India Law Library Docid # 2454859
(457) GANGA RAM S/O SAGATA RAM Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 29-09-2026 Criminal Procedure — Recall of Order — Disposal on erroneous factual premise — Petition seeking quashing of FIR was disposed of as withdrawn with liberty to seek discharge, based on prosecution's submission that charge-sheet was filed and cognizance had been taken by the trial court — Order-sheet of trial court revealed that cognizance had not actually been taken against petitioner — Held, petition was disposed of without adjudicating substantive issues on a factual premise that did not exist — India Law Library Docid # 2454860
(458) BHERA RAM @ BHERU LAL AND OTHERS Vs. STATE AND ANOTHER[RAJASTHAN HIGH COURT] 29-09-2026 Penal Code, 1860 (IPC) — Sections 341, 323, 325, 427 read with Section 34 — Appreciation of evidence — Conviction affirmed — Accused assaulted complainant and his family members and damaged property — Trial Court acquitted accused of graver charges under Section 459 IPC and SC/ST Act for lack of sufficient evidence, while convicting under Sections 341/34, 323/34, 325/34, and 427/34 IPC — High Court held that findings of guilt recorded by trial Court were duly supported by reliable evidence on re India Law Library Docid # 2454861
(459) SURENDRA KUMAR AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 29-09-2026 Passports Act, 1967 — Section 6(2)(e) — Penal Code, 1860 (IPC) — Section 302 — Offence involving moral turpitude — Murder conviction — Applicant convicted under Section 302/149 IPC and sentenced to life imprisonment sought passport renewal — Held, moral turpitude involves reprehensible conduct and scienter with specific intent, deliberateness, willfulness, or recklessness — While simple hurt or assault may not per se involve moral turpitude, an aggravated assault using dangerous weapons resultin India Law Library Docid # 2454862
(460) SANTOSH BANSAL AND OTHERS Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT] 29-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Penal Code, 1860 — Sections 420, 467, 468, 471 and 120-B — Quashing of FIR — Inordinate delay of 23 years — Abuse of process of law — FIRs registered regarding issuance of municipal lease deeds in the year 2003 — Complainant was a habitual litigant whose previous multiple writ petitions and miscellaneous petitions concerning the same subject-matter were dismissed for suppression of material facts — Matter was within knowledge of district a India Law Library Docid # 2454863