(521) ABU BAKKAR SIDDIQUE AND OTHERS Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 28-09-2026 Civil Procedure Code, 1908 (CPC) — Order 47 Rule 1 — Constitution of India, 1950 — Article 226 — Scope of Review in Writ Proceedings — Principles governing review — Review is maintainable upon discovery of new and important matter, on account of some mistake or error apparent on the face of the record, or for "any other sufficient reason" — Only the underlying principles of the Code of Civil Procedure apply to writ proceedings — Writ Court exercises plenary jurisdiction under Article 226 of the India Law Library Docid # 2454374
(522) SHAHID REHMAN MAZUMDER Vs. THE STATE OF ASSAM AND 5 ORS[GAUHATI HIGH COURT] 28-09-2026 Constitution of India, 1950 — Article 226 — Delay and Laches — Fence-sitter — Public Employment — Rejection of candidature challenged after considerable lapse of time — Respondent alleged delay and laches, contending petitioner was a fence-sitter seeking benefit of a subsequent judgment — Held, petitioner cannot be treated as a fence-sitter or inactive litigant — Petitioner had previously approached the High Court soon after declaration of results, pursued RTI queries, and made timely representa India Law Library Docid # 2454376
(523) SHRI SANSKAR LALOO @ SUJOL LALOO AND OTHERS Vs. STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 28-09-2026 Bharatiya Nyaya Sanhita, 2023 — Sections 115(2), 281 and 305(b) — Quashing of FIR — Amicable settlement between parties — FIR registered alleging vehicular accident, simple hurt, and theft of two-wheeler — Parties resolved the dispute through a Deed of Compromise — Complainant and injured victim appeared in person and filed affidavits confirming no objection to quashing — Taking into account the nature and punishment for the offences, simple nature of injuries, and established legal principles, India Law Library Docid # 2454380
(524) RT. REVD. DR. MICHAEL HERENZ Vs. THE SYNOD OF THE CHURCH OF NORTH INDIA[MEGHALAYA HIGH COURT] 28-09-2026 Civil Procedure Code, 1908 (CPC) — Order 23 Rule 1(3) — Withdrawal of suit with liberty to institute fresh suit — Nature and scope of jurisdiction — Indivisibility of prayer — Trial Court dealing with an application under Order 23 Rule 1(3) must either accept it in toto or reject it entirely — Court cannot allow withdrawal of the entire suit while granting liberty to file a fresh suit only with respect to a part of the cause of action — Partial or conditional grants are impermissible in the abse India Law Library Docid # 2454383
(525) SHRI NILBERTH CH. MARAK AND OTHERS Vs. STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 28-09-2026 Constitution of India, 1950 — Sixth Schedule, Paragraph 2(6A) proviso — Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, Rule 7(1) proviso — Extension of term of District Council — PIL seeking direction to hold general election to Garo Hills Autonomous District Council (GHADC) or impose administrative rule — State postponed election due to prevailing law-and-order situation — Governor, being satisfied that circumstances rendered holding of elections impra India Law Library Docid # 2454384
(526) ARUN KUMAR Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 28-09-2026 Service Law — Pay Fixation — Jurisdiction of Pay Verification Cell vs Statutory Pay Fixation Committee — Pay Verification Cell of Education Department reduced petitioner's basic pay fixed by University — Held, Pay Verification Cell of the State Government has no jurisdiction to refix or reduce pay determined by the University's Statutory Pay Fixation Committee — Final authority in pay fixation of a University employee is the Statutory Pay Fixation Committee under the University statute — State a India Law Library Docid # 2454396
(527) SURENDRA KUMAR CHAUDHARY Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 28-09-2026 Contempt of Courts Act, 1971 — Non-compliance of Court directions — Consideration of claim — Passing of speaking order — Writ Court directed the respondent authorities to consider the petitioner's claim for exemption and promotional benefits in light of an Apex Court judgment — Authorities re-examined the claim and passed a reasoned and speaking order rejecting it — Held, the passing of a reasoned and speaking order demonstrates compliance with the directions of the Court — Contempt petition dis India Law Library Docid # 2454400
(528) NILAM KUMARI Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 28-09-2026 Constitution of India, 1950 — Article 226 — Selection and termination of Anganwari Sevika — Disputed educational qualification — Challenge to District Magistrate's order regarding selection and joining on the post of Anganwari Sevika — Genuineness of educational certificate issued by School and Technical Board, Chhattisgarh in question — In view of consensus between parties based on a precedent in an identical matter, High Court declined to enter into merits and remanded the matter to the Distri India Law Library Docid # 2454401
(529) TAMMINENI PRABHAKAR REDDY Vs. UNION BANK OF INDIA[ANDHRA PRADESH HIGH COURT] 28-09-2026 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Security Interest (Enforcement) Rules, 2002, Rules 8(5), 8(6) and 9 — Auction sale — Duty of secured creditor — Shift from caveat emptor to caveat venditor — Secured creditor acts as a trustee of secured assets and does not possess absolute ownership — Bank owes a statutory duty to both borrower and prospective purchasers to exercise due diligence, verify encumbrances, and accurately describe t India Law Library Docid # 2453960
(530) SHREE PAL SINGH AND OTHERS Vs. CENTRAL BUREAU OF INVESTIGATION ANTI-CORRUPTION BRANCH SRINAGAR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 28-09-2026 Jammu and Kashmir Prevention of Corruption Act, Svt. 2006 — Sections 4-H, 5(1)(d), and 5(2) — Sanction for prosecution — Omission of specific penal provision in sanction order — Petitioners challenged the framing of charge under Section 4-H on the ground that the competent authority had not specifically accorded sanction for that provision — Held, mere omission to specifically cite a particular offence in the sanction order does not invalidate the prosecution or vitiate proceedings, provided the India Law Library Docid # 2454075
(531) NISAR AHMAD BHAT Vs. RAFIA JAN[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 28-09-2026 Guardians and Wards Act, 1890 — Section 9(1) — Territorial Jurisdiction — "Ordinary residence" of minor — The solitary test for determining territorial jurisdiction under Section 9(1) is the place where the minor ordinarily resides, denoting the place where the minor actually resides in the ordinary course of life with the person having lawful custody. A new place becomes the ordinary residence once the child settles there for a reasonably long period. Since the minor moved with her mother to Sr India Law Library Docid # 2454096
(532) V. SIVA REDDY AND OTHERS Vs. KOPPULA SALEMMA AND OTHERS[ANDHRA PRADESH HIGH COURT] 28-09-2026 Motor Vehicles Act, 1988 — Sections 147 and 149 — Insurance coverage — Exoneration of Insurer — Fatal accident occurred at 1:30 p.m. on 17.08.2002 — Earlier policy had lapsed on 29.07.2002 — Cover note was issued at 9:00 p.m. on date of accident after business hours and policy commenced on 19.08.2002 — Owner failed to prove payment of premium prior to accident or examine the insurance agent — Premium was paid suppressing occurrence of accident — Held, the offending vehicle lacked valid insurance India Law Library Docid # 2453993
(533) AU SMALL FINANCE BANK LIMITED AND OTHERS Vs. SMT. JAGRITI AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 28-09-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) — Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 34 — Bar of Civil Court jurisdiction — Suit for declaration of title, partition, and permanent injunction — Plaintiff claimed 50% undivided share under a will and challenged mortgage executed by co-owner — Reliefs of declaration of share and partition cannot be granted by Debts Recovery Tribunal — Jurisdiction of Civil Court to adj India Law Library Docid # 2454000
(534) DEVALLA DIVYA Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 28-09-2026 Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 — Section 3(1) and 3(2) — Preventive Detention — Crimes outside territorial jurisdiction — Requisite subjective satisfaction — Detaining authority can consider criminal cases registered outside its territorial limits provided there is a reasonable nexus and an express subjective satisfaction that such activities prejudicially affect the mainten India Law Library Docid # 2454004
(535) SHOBHA @ SUREKHA SURESH PATIL AND ANOTHER Vs. RADHIKA PRAKASH BORGAONKAR AND OTHERS[BOMBAY HIGH COURT] 28-09-2026 Maharashtra Tenancy and Agricultural Lands Act, 1948 — Section 76 — Revisional jurisdiction of Maharashtra Revenue Tribunal — Scope and limitations — The revisional power conferred on the Tribunal is circumscribed by clauses (a) to (c) of Section 76 and is strictly confined to errors of law or procedural defects causing a miscarriage of justice. Revisional jurisdiction cannot be equated with appellate jurisdiction, and the Tribunal lacks the power to re-examine evidence or delve into questions o India Law Library Docid # 2454012
(536) SANKLECHA CONSTRUCTIONS PVT. LTD. AND OTHERS Vs. NITIN MADHUKAR SHEWALE AND OTHERS[BOMBAY HIGH COURT] 28-09-2026 Real Estate (Regulation and Development) Act, 2016 — Section 18(1) — Refund of amount and interest — Nature of promoter's obligation — Failure to deliver timely possession — Authority allowed promoter to defer refund until securing Occupation Certificate (OC) — Appellate Tribunal removed the option — High Court held that the promoter's statutory obligation to return amounts received with interest on demand is absolute, immediate, and unqualified — Neither the Regulatory Authority nor the Tribuna India Law Library Docid # 2454013
(537) KOMMA SIVA HARITHA Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 28-09-2026 Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 — Section 3 — Preventive detention — Non-consideration of bail orders — Detaining authority relied on nine criminal cases, unaware that the detenu had secured bail in two cases — Bail orders and their conditions constitute vital and relevant material for reaching subjective satisfaction — Failure of the sponsoring authority to place such orders India Law Library Docid # 2454014
(538) KUNDATHIL KABEER Vs. N.V. MOHAMMED[KERALA HIGH COURT] 28-09-2026 Civil Procedure Code, 1908 (CPC) — Order 2 Rule 2 — Bar of Suit — Requirement of Pleadings and Framing of Issue — Specific performance suit filed during pendency of an earlier injunction suit — Defendant contended that the suit was barred under Order 2 Rule 2 — Held, the bar under Order 2 Rule 2 must be specifically pleaded by the defendant in the written statement and a distinct issue must be framed by the trial court focusing the parties on the question. In the absence of a specific plea and a India Law Library Docid # 2454255
(539) M.SAMUYELU Vs. UNION OF INDIA[ANDHRA PRADESH HIGH COURT] 28-09-2026 Service Law — Border Security Force Rules, 1969 — Rule 19 — Central Civil Services (Pension) Rules, 1972 — Rule 49(2)(b) and Rule 3(1)(q) — Voluntary retirement / Resignation after 10 years — Entitlement to proportionate pension — Petitioner resigned after completing 12 years, 2 months, and 26 days of service in BSF — Claim for pro-rata pension rejected citing lack of 20 years qualifying service — Held, conjoint reading of Rule 19 of BSF Rules and Rule 49 of CCS (Pension) Rules establishes that India Law Library Docid # 2453971
(540) J MEENA AND OTHERS Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 28-09-2026 Mines and Minerals — Andhra Pradesh Minor Mineral Concession Rules, 1966 — Renewal of quarry lease — Violation of natural justice — Rejection based on grounds not in show cause notice — Petitioner's application for renewal of quarry lease was rejected on the ground of non-furnishing of environmental clearance from SEIAA/MoEF — Said ground was never put to the petitioner either in the show cause notice or subsequently — Order passed on considerations not disclosed to the applicant violates princi India Law Library Docid # 2453982