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(461) AJAY ARYA AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-07-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 [corresponding to Section 482 CrPC] — Quashing of FIR — Permissibility of Second FIR — Distinct offences and larger conspiracy — Registration of a second FIR is legally permissible where subsequent information or material unearths a distinct criminal activity, reveals a wider conspiracy, or covers a scope materially different from the earlier FIR — Where the earlier FIR was confined to individual
India Law Library Docid # 2448380

(462) K.P.CHANDRAMOHAN Vs. STATE OF KERALA[KERALA HIGH COURT] 16-07-2026
Constitution of India, 1950 — Articles 246, 246-A, Sch. VII, List II Entries 18, 23, List III Entry 42 — Legislative competence — Mines and Minerals (Development and Regulation) Act, 1957, S. 3(e) — Kerala Minerals (Vesting of Rights) Act, 2021 — Vesting of "all rights in minerals" including major minerals held ultra vires State competence under Entry 23, List II, being subordinated to Entry 54, List I and the
India Law Library Docid # 2448575

(463) SHINY S.NAIR Vs. STATE OF KERALA[KERALA HIGH COURT] 16-07-2026
Negotiable Instruments Act, 1881 — Sections 118, 138, 139 — Presumption in favour of holder — Dishonour on ground "drawer's signature differs" — Effect of subsisting earlier loan and typewritten cheque on probability of complainant's case — Advancing a further loan to a relative during subsistence of an earlier unpaid loan is not, by itself, sufficient to disbelieve complainant's version, especially where the gap between transactions was short and parties were closely related — Issuance of a
India Law Library Docid # 2448576

(464) MATHEW PAUL Vs. MULAVUKAD GRAMA PANCHAYAT[KERALA HIGH COURT] 16-07-2026
Constitution of India, 1950 — Article 226 — Maintainability of writ petition involving disputed questions of fact and contractual claims — Works contract dispute for payment of balance dues — Writ jurisdiction under Art. 226, though not barred merely because facts require determination, is discretionary and normally declined where complex or disputed questions of fact require oral and documentary evidence, particularly in purely contractual monetary claims lacking public law character — Contract
India Law Library Docid # 2448577

(465) UNION OF INDIA Vs. K SUB MAJ (HONY CAPT) MOHANRAJ TK[KERALA HIGH COURT] 16-07-2026
Armed Forces Disability Pension — Presumption of sound health at enrolment — Lifestyle-disease classification not a sufficient ground for denial — Absent any note of disability at entry, a member is presumed in sound health, and any disease leading to discharge is presumed to have arisen in service unless the Medical Board records reasons why it could not have been detected pre-enrolment — Onus lies on the employer, not the claimant — Mere classification of a disease as a "lifestyle disorder" or
India Law Library Docid # 2448675

(466) MOHD. NADEEM SAMYAL Vs. UNION TERRITORY OF J&K THROUGH STATION HOUSE OFFICER[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 16-07-2026
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8, 15, 25, and 37 — Code of Criminal Procedure, 1973 — Section 439 [corresponding to BNSS, 2023 — Section 483] — Grant of bail on medical grounds — Rigor of Section 37 NDPS Act — The statutory bar/rigor of Section 37 of the NDPS Act does not operate as an absolute impediment to the grant of bail where the accused is
India Law Library Docid # 2448646

(467) RAHIL GARGOTRA Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 16-07-2026
Jammu and Kashmir Public Safety Act, 1978 — Section 8 — Preventive Detention — Non-placement of material facts / Non-application of mind — Non-placement of relevant documents—such as a subsequently registered FIR in which the proposed detenue was already arrested, the factum of custody, and the grant of bail—before the detaining authority at the time of passing a preventive detention order vitiates the order for non-application of mind — The sponsoring agency is under a legal obligation to place
India Law Library Docid # 2448648

(468) GANDHARB SINGH CHIB Vs. SAHIL MANHAS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 16-07-2026
Criminal Procedure Code, 1973 (CrPC) — Section 156(3) [corresponding to BNSS, 2023 — Section 175(3)] & Section 482 [corresponding to BNSS, 2023 — Section 528] — Maintainability of petition challenging an order directing registration of FIR/investigation — Prematurity — A petition under Section 482 CrPC / Section 528 BNSS challenging a Magistrate's order passed under Section 156(3) CrPC directing the police to register an FIR and conduct an investigation is premature and not maintainable — An ord
India Law Library Docid # 2448649

(469) SANJAY SHARMA @ SANJAY BHARDWAJ Vs. KRISHNADHAN KHAWARE AND OTHERS[SUPREME COURT OF INDIA] 15-07-2026
Succession Act, 1925 — Sections 222 and 276 — Probate of Will — Limitation for application — Limitation Act, 1963 — Article 137 — Executor's application for probate of Will filed on 31-8-2005, testator having died about a decade before 7-6-1995 — Courts below rejected it under Or. 7 R. 11 CPC as barred by limitation, treating
India Law Library Docid # 2447641

(470) LAKSHMI Vs. GOPI AND OTHERS[SUPREME COURT OF INDIA] 15-07-2026
Civil Procedure Code, 1908 (CPC) — Section 96, Order 41 Rule 31 — First Appeal — Duty of Appellate Court — First appeal entitles re-hearing of whole case on facts and law; First Appellate Court is final court of fact — Judgment must show application of mind, with reasons, especially when reversing trial court findings; mere general agreement insufficient in case of reversal — High Court, in a two-paragraph order, set aside a reasoned decree merely by extracting trial court's reasoning and observ
India Law Library Docid # 2447642

(471) DEO PRASAD AND ANOTHER Vs. STATE OF UTTAR PRADESH[SUPREME COURT OF INDIA] 15-07-2026
Criminal Trial — Delay in forwarding FIR to Magistrate — Effect — Mere delay in transmission of FIR to jurisdictional Magistrate is not, by itself, fatal to prosecution case, but where allegations of ante-timing/fabrication are supported by attendant circumstances generating genuine suspicion, such delay assumes substantive significance and must be assessed cumulatively
India Law Library Docid # 2447643

(472) DEVESH SHARMA Vs. STATE OF MADHYA PRADESH THR AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 15-07-2026
Constitution of India, 1950 — Article 311(2) — Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 — Termination of service — Punitive and stigmatic order — Requirement of departmental inquiry — An order of termination that casts a stigma on an employee, implying misconduct, cannot be passed without a
India Law Library Docid # 2447764

(473) KARNAIL SINGH Vs. JARNAIL SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 15-07-2026
Hindu Law — Will — Interpretation — Life interest created in favour of testator's widow — Suit for partition filed during subsistence of such life interest held premature — Testator, contemplating two eventualities depending on whether his wife predeceased him or survived him, created a life interest in favour of his widow in the event she survived him, with the property to devolve upon his five sons only after
India Law Library Docid # 2447821

(474) KARNAIL AND OTHERS Vs. JAGIR AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 15-07-2026
Partition — Suit for possession by way of partition — Ancestral property — Burden to prove inheritance and identity of suit property — Plaintiffs claiming partition of house situated in abadi deh as ancestral property inherited from common ancestor failed to establish date of death of the ancestor, chain of inheritance, or that the property was ever owned by him — Mere oral assertion of a plaintiff-witness,
India Law Library Docid # 2447822

(475) KALAWATI AND ANOTHER Vs. AJIT SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 15-07-2026
Civil Procedure Code, 1908 — Section 100 — Regular Second Appeal — Concurrent findings of fact — Scope of interference — Jurisdiction under Section 100 CPC confined to substantial questions of law; reappreciation of evidence or substitution of a different factual view impermissible merely because another view is possible — Appellants failed to show that material evidence was ignored, inadmissible evidence
India Law Library Docid # 2447823

(476) JASBIR KAUR Vs. SUKHDEEP KAUR[PUNJAB AND HARYANA HIGH COURT] 15-07-2026
Civil Procedure Code 1908 (CPC) — Order 6 Rule 17 — Amendment of written statement — Belated change of stand not permissible — An amendment seeking to introduce, for the first time at a belated stage, a detailed and specific mode of payment of sale consideration — facts admittedly within the knowledge of the defendant since
India Law Library Docid # 2447820

(477) TATA MOTORS LTD. AND OTHERS Vs. SADHU SINGH AND OTHERS[NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 15-07-2026
Consumer Protection Act, 1986 — Deficiency in service — Sale of defective vehicle — Complainant purchased a car from a dealer, which was manufactured by Tata Motors — The car had several defects soon after delivery, which the dealer failed to rectify — The District Commission found the dealer guilty of unfair trade practice and deficiency in service, ordering a refund and compensation — The State Commission held both the
India Law Library Docid # 2447859

(478) UNION OF INDIA AND OTHERS Vs. SHRI R.P PAUL,(IAS RTD)[MADRAS HIGH COURT] 15-07-2026
Administrative Law — Judicial Review — Courts should not substitute their views for those of expert bodies like Screening Committees when assessing an individual's suitability for promotion based on service records.
India Law Library Docid # 2447843

(479) PRACHI Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 15-07-2026
Habeas corpus — Detention of major woman against her wishes — Right to choose life partner — Corpus, a major, alleged confinement and coercion by uncle to marry against her choice while she wished to marry a person of her own choosing — Held, a major cannot be detained or compelled to marry against her wishes irrespective of family objections — Petition allowed; Corpus set at liberty, with directions for medical examination and police protection to Corpus and her chosen partner. [Paras 9, 11, 13
India Law Library Docid # 2447979

(480) M. VENKATESH AND OTHER Vs. STATE OF KARNATAKA[KARNATAKA HIGH COURT] 15-07-2026
Factories Act, 1948 — Sections 2(l), 2(n), 88(2), 92 — Karnataka Factories Rules, 1969 — Rule 4 — Quashing of prosecution — Complaint alleging fatal accident to contract worker without specifying provision of Act/Rules violated — Held, prosecution under general S. 92 without pleading violation of a specific provision is illegal — Contract labour of an independent contractor, absent direct control/supervision by occupier, not a "worker" under S. 2(l) — S. 88(2) mandates enquiry but not a specific
India Law Library Docid # 2448004

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