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(481) SHANKAR LAL SHARMA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8 and 18 — Code of Criminal Procedure, 1973 — Section 389 — Second application for suspension of sentence — Incarceration of 50 percent of sentence — Appellant was convicted under Sections 8/18 of NDPS Act and sentenced to six years rigorous imprisonment — First suspension application was dismissed and SLP withdrawn — Appellant completed over three years in custody, amounting to half the awarded sentence — No criminal antecedents re
India Law Library Docid # 2455066

(482) RAM KISHORE Vs. SACHIVE, RAJASTHAN AWASAN MANDAL AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Industrial Disputes Act, 1947 — Sections 25F, 25G and 25H — Burden of proof — Foundational fact of employment — Workman claimed illegal termination after completing 240 days of service — Held, the initial burden rests entirely on the workman to prove the foundational fact of his engagement with the employer, whether as a daily wager or on muster roll — In the absence of evidence establishing the appointment or the existence of the post, the question of examining completion of 240 days of continu
India Law Library Docid # 2455067

(483) DOLAT SINGH NARUKA Vs. CHAIRMAN AND MANAGING DIRECTOR, JAIPUR VIDHYUT VITRAN NIGAM LIMITED AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Service Law — Transfer — Posting of Spouses at Same Station — Administrative Exigency — Petitioner challenged his transfer from Jaipur to Kanwas (Kota) after remaining posted at Jaipur for over eleven years, contending hardship and seeking retention on the ground that his wife was also posted at Jaipur — Held, guidelines to post husband and wife at the same station do not confer an enforceable right to claim a posting of choice — Administrative exigencies and public interest take precedence over
India Law Library Docid # 2455068

(484) THE REGISTRAR, RAJASTHAN COOPERATIVE SOCIETIES, JAIPUR Vs. THE RAJASTHAN CIVIL SERVICES APPELLATE TRIBUNAL, RAJASTHAN, JAIPUR AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Rajasthan Civil Services (Pension) Rules, 1996 — Rule 53(1) — Compulsory retirement — Subsequent setting aside of foundational material — Employee compulsorily retired based on points assigned by Screening Committee for a penalty of stoppage of increments and an adverse APAR — Both the penalty order and adverse APAR were subsequently set aside, leading to full exoneration — Held, once the underlying material forming the sole basis and foundation for recommending compulsory retirement stood set a
India Law Library Docid # 2455069

(485) M/S UTTAM PRAKASH Vs. CENTRAL WARE HOUSING CORPORATION[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Arbitration and Conciliation Act, 1996 — Section 34 — Scope of jurisdiction — Partial setting aside of arbitral award — Principle of severability — Relying on Supreme Court ruling in Gayatri Balasamy, Court held that authority to set aside an arbitral award inherently includes the power to set it aside in part under the doctrine of omne majus continet in se minus — Courts possess inherent jurisdiction to sever invalid portions from valid portions of an award, provided that the two portions are n
India Law Library Docid # 2455070

(486) M/S ABHI ENTERPRISES Vs. M/S LAHOTY BUILDCON LIMITED AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Arbitration and Conciliation Act, 1996 — Sections 9 and 11 — Code of Civil Procedure, 1908 — Order 1 Rule 10 and Section 151 — Non-signatory to arbitration agreement — Maintainability of interim relief petition — Petitioner challenged proceedings under Section 9 pending before Commercial Court, claiming to be a non-signatory and seeking deferment until Section 11 application was decided by High Court — Petitioner had moved applications under Order 1 Rule 10 and Section 151 CPC before Commercial
India Law Library Docid # 2455071

(487) GANGADHAR MEENA Vs. ADDITIONAL CHIEF SECRETARY, SCHOOL EDUCATION, RAJASTHAN GOVERNMENT, JAIPUR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 — Rule 8(ii) — Transfer within same district — Competent authority — Petitioner's services were transferred from Education Department to Panchayati Raj Department — Joint Director, School Education transferred petitioner from one school to another across Panchayat Samitis within the same district — Held, Rule 8(ii) is mandatory in nature — Transfer of an employee from one Panchayat Samiti to another within the same district can be iss
India Law Library Docid # 2455072

(488) JESRAJ Vs. BHINWARAM AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 29-09-2026
Code of Civil Procedure, 1908 — Order 1 Rule 10 — Impleadment of parties — Dominus litis — Necessary and proper parties — Petitioner challenged concurrent orders allowing impleadment of third-party respondents in an injunction suit concerning land, contending that plaintiff is dominus litis and respondents were strangers to ancestral property — Held, the relief sought by petitioner directly affected the rights of respondents over the land in question — Courts below rightly concluded that respond
India Law Library Docid # 2455073

(489) SRI PRANAB BARMAN Vs. SRI TILAK THAPA[GAUHATI HIGH COURT] 29-09-2026
Negotiable Instruments Act, 1881 — Section 138 — Essential ingredients to constitute an offence — Dishonour of cheques — Quashing petition — Petitioner issued three cheques for Rs. 5,00,000/- each to discharge an admitted liability, which were returned dishonoured for "Fund Insufficient" — Statutory demand notice was served, but payment was not made within the prescribed period — Held, where drawing of cheques, presentation, dishonour, statutory notice, and failure to pay within 15 days are prim
India Law Library Docid # 2455145

(490) NESAR ANSARI AND OTHERS Vs. THE STATE OF JHARKHAND AND ANOTHER[JHARKHAND HIGH COURT] 29-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Code of Criminal Procedure, 1973 — Section 482 — Quashing of criminal proceedings — Settlement between parties — FIR lodged under Sections 126(2), 115(2), 118(1), 117(2), 109/352, 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023 — Informant entered into a compromise with the accused without pressure, acknowledging mistaken facts and exaggeration — State had no objection — High Court possesses inherent powers to quash non-compoundable proce
India Law Library Docid # 2455232

(491) ABU FAZAL @ FAZAL SHEKH AND ANOTHER Vs. THE STATE OF JHARKHAND AND ANOTHER[JHARKHAND HIGH COURT] 29-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Code of Criminal Procedure, 1973 — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Scope of jurisdiction — Disputed defence plea — Accused raised the plea of residing separately at a far-away place — Held, disputed questions of fact regarding residence can at best constitute a defence to be established during trial — High Court, in exercise of powers under Section 528 of BNSS, cannot conduct a mini-trial or
India Law Library Docid # 2455233

(492) ACHYUT SWAROOP MISHRA Vs. THE STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 29-09-2026
Constitution of India, 1950 — Articles 21 and 19(1)(d) — Right to Safe Urban Life and Freedom of Movement — Chaotic traffic conditions and civic management — PIL highlighting traffic hazards, lack of surveillance, and unmanaged congestion — Held, right to a clean, dignified, and reasonably safe urban life is an integral facet of Article 21, while Article 19(1)(d) protects freedom of movement for pedestrians and commuters — Pedestrians have a right to unencroached, demarcated footpaths — State au
India Law Library Docid # 2455234

(493) AJAY KERKETTA Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 29-09-2026
Protection of Children from Sexual Offences Act, 2012 — Section 42 and Section 4 — Indian Penal Code, 1860 (IPC) — Section 376(2)(f) — Alternate Punishment — Trial Court convicted appellant under both Section 4 POCSO Act and Section 376(2)(f) IPC, ordering sentences to run consecutively — Scope of Section 42 POCSO Act — Non-obstante clause mandates that where an act constitutes an offence under both statutes, offender is liable only to punishment greater in degree — Offence under Section 376(2)(
India Law Library Docid # 2455235

(494) NEPAL MAHTO Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 29-09-2026
Penal Code, 1860 (IPC) — Section 302 — Murder of wife — Reliability of eyewitness testimony — Minor children (daughter and son) examined as sole eyewitnesses — Discrepancies and material contradictions regarding presence of light at the place of occurrence and arrival of visitors — Eyewitnesses expressly admitting during cross-examination that they hated the accused father due to his second marriage — Interested witnesses — Testimony filled with inconsistencies, improbabilities, and bias cannot
India Law Library Docid # 2455236

(495) THE UNION OF INDIA AND OTHERS Vs. PRAFULLA KUMAR BEHARA[JHARKHAND HIGH COURT] 29-09-2026
Service Law — Pensionary Benefits — Fourth Central Pay Commission — O.M. dated 01.05.1987 — Contributory Provident Fund (CPF) vs. General Provident Fund (GPF)-cum-Pension Scheme — Applicability to post-01.01.1986 appointees — All respondents were appointed to the Institute after 01.01.1986 — Under the governing policy, CPF was an exception and newly appointed employees were mandatorily covered by the GPF Scheme without any requirement of option — Calling for options from post-01.01.1986 recruits
India Law Library Docid # 2455237

(496) BAIJANTI GOPE AND OTHERS Vs. UNION OF INDIA[JHARKHAND HIGH COURT] 29-09-2026
Railways Act, 1989 — Sections 2(29), 123(c) and 124-A — Bona fide passenger — Absence of ticket on deceased's body — Tribunal dismissed compensation claim solely because the railway ticket was not recovered from the body — Held, mere absence of a ticket does not negate claimant's status as a bona fide passenger — Initial burden lies on claimants, which can be discharged by evidence showing purchase and subsequent loss in the accident — Brother of deceased deposed to purchasing the ticket, which
India Law Library Docid # 2455239

(497) SRI CHANDRASHEKARA REDDY KM AND OTHERS Vs. SRI P C RAY, IFS AND OTHERS[KARNATAKA HIGH COURT] 28-09-2026
Contempt of Courts Act, 1971 — Sections 11 and 12 — Scope of contempt jurisdiction — Purported compliance by authority giving rise to fresh cause of action — The governing question in contempt proceedings is whether there has been clear, deliberate, and willful disobedience of Court directions, not whether the subsequent decision is legally correct. Where an authority passes an order in purported compliance with judicial directions, such order gives rise to a fresh cause of action. A contempt co
India Law Library Docid # 2454063

(498) M/S ASJ FINSOLUTIONS PVT. LTD. Vs. VIKRAM BAJAJ[SUPREME COURT OF INDIA] 28-09-2026
Insolvency and Bankruptcy Code, 2016 (IBC) — Schedule I to Liquidation Process Regulations — Public Auction — Default in payment of balance sale consideration — Forfeiture of Earnest Money Deposit (EMD) and part consideration — Successful bidder in liquidation e-auction deposited 25% of the bid amount (comprising 10% EMD and part balance consideration) but failed to pay the remaining balance consideration within the stipulated time — Bidder sought refund on grounds of absence of explicit forfeit
India Law Library Docid # 2453813

(499) BIHAR STATE ARDH SARKARI ARAJPATI KARAMCHARI MAHA SANGH AND OTHERS Vs. STATE OF BIHAR AND OTHERS[SUPREME COURT OF INDIA] 28-09-2026
Constitution of India, 1950 — Article 21 — Non-payment of legitimate dues — Fundamental right to life and dignity — Protracted delay in recognizing and discharging legitimate monetary entitlements of workmen over several decades violates fundamental rights — Court under constitutional jurisdiction can mold public law remedies to alleviate long-standing deprivations.
India Law Library Docid # 2453814

(500) SHIKHA W/O VARUN SUREKHA @SHIKHA D/O SHARADKUMAR RANIWALA Vs. STATE OF ODISHA AND OTHERS[SUPREME COURT OF INDIA] 28-09-2026
Constitution of India — Article 142(1) — Matrimonial Dispute — Dissolution of marriage by mutual consent and quashing of proceedings — Exercise of extraordinary powers — Marriage between parties had broken down irretrievably with parties living separately since 2022 — Multiple civil and criminal proceedings were pending between the parties and their family members — During pendency of transfer petitions, husband filed application under Article 142 seeking dissolution of marriage — Parties mutual
India Law Library Docid # 2453815

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