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(541) IN RE EXORBITANT PRICING OF LIFE SAVING PATENTED MEDICINES Vs. UNION OF INDIA[KERALA HIGH COURT] 28-09-2026
Patents Act, 1970 — Sections 99, 100(4) and 100(6) — Constitution of India, 1950 — Articles 21 and 47 — Scope of purposes of Government — Patented life-saving drugs — Exorbitant pricing — Government power to use invention — Held, the phrase purposes of Government under Section 100 is not restricted to direct departmental use — Read with Section 100(4) and (6) alongside the constitutional mandate under Articles 21 and 47 to safeguard life and improve public health, purposes of Government empowers
India Law Library Docid # 2454244

(542) THE MANAGER, HARRISONS MALAYALAM LTD. Vs. T.K.SADHIKKALI[KERALA HIGH COURT] 28-09-2026
Industrial Disputes Act, 1947 — Terms of Reference — Jurisdiction of Labour Court — Reference was strictly confined to whether the denial of employment to the workman was justifiable — Labour Court held that deploying the workman on a temporary basis amounted to unfair labour practice — Held, an Industrial Tribunal or Labour Court derives its jurisdiction strictly from the terms of reference and cannot travel beyond them — The finding that the employer engaged in unfair labour practice was beyon
India Law Library Docid # 2454245

(543) HIBA TRADING COMPANY Vs. STATE OF KERALA[KERALA HIGH COURT] 28-09-2026
Public Tender and E-Auction — Cancellation after acceptance of bid — Low price realisation — Protection of public exchequer — Scope of judicial review — Appellant was declared successful bidder for purchase of dismantled penstock pipes and deposited entire consideration, but sale was subsequently cancelled citing significantly lower rates than earlier auctions, causing substantial financial loss to State Electricity Board — Held, having regard to potential financial loss to public exchequer if s
India Law Library Docid # 2454247

(544) DR. KRISHNA KUMAR KESHARWANI Vs. THE VICE CHANCELLOR AND OTHERS[MADHYA PRADESH HIGH COURT] 28-09-2026
Service Law — Selection Process — Estoppel — Challenge to mode of recruitment after participation — Candidate participating in a selection process without demur cannot turn around and challenge the procedure upon being declared unsuccessful. The petitioner challenged the direct recruitment of the private respondent to the post of Assistant Librarian, contending that the post was mandated to be filled through promotion. The High Court held that having voluntarily participated in the selection pro
India Law Library Docid # 2454547

(545) MURATI SHRI HANUMAN MANDIR THROUGH PUJARI NANDKISHORE Vs. THE STATE OF M.P. THROUGH COLLECTOR DHAR AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 28-09-2026
Civil Procedure Code, 1908 — Order 22 Rule 3 and Order 32 Rule 1 — Hindu Law — Deity as Perpetual Minor — Representation by Pujari — Death of Pujari acting as next friend — Suit filed on behalf of Deity through Pujari for declaration and injunction — Deity is a juristic entity and perpetual minor, requiring a next friend to institute legal proceedings — Pujari was not a party or appellant in an individual capacity — Held, on the death of a Pujari acting as next friend, the appeal does not abate,
India Law Library Docid # 2454555

(546) AJAY TIWARI Vs. SANJEEV KUMAR VERMA[CHHATTISGARH HIGH COURT] 28-09-2026
Negotiable Instruments Act, 1881 — Section 138 — Code of Criminal Procedure, 1973 — Sections 2(wa), 372 (Proviso) and 378(4) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 2(1)(y) and 413 — Dishonour of cheque — Acquittal — Right of appeal by complainant — A complainant in a dishonour of cheque case under Section 138 suffers economic loss and qualifies as a "victim" under Section 2(wa) of Cr.P.C. — Such complainant is entitled to maintain an appeal against acquittal as a matter of right u
India Law Library Docid # 2454585

(547) SMT. LAKHAPATIYA BAI AND OTHERS Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 28-09-2026
Evidence Act, 1872 — Section 47 — Proof of handwriting — Suicide note — Non-examination of handwriting expert — Reliability of relatives' testimony — Suicide note was seized and examined, but the handwriting expert was not examined by the prosecution — Mother, father, and sister of the deceased testified that the note was in her handwriting — Due to their close relationship and familiarity with the deceased's handwriting, non-examination of the expert was not fatal — Trial Court rightly held tha
India Law Library Docid # 2454592

(548) STATE OF MAHARASHTRA Vs. RAMESH SUKRYA MHATRE AND OTHERS[SUPREME COURT OF INDIA] 28-09-2026
Bharatiya Nyaya Sanhita, 2023 (BNS) — Sections 121(1), 132, 189(2), 190, 191(2), 351(2) and 352 read with Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 — Sections 3 and 4 — Assault on doctors and medical staff — Cancellation of bail granted by High Court — High Court granted bail to respondents without recording any intervening circumstance
India Law Library Docid # 2454659

(549) BHERU LAL S/O SHANKAR LAL AHEER Vs. UNION OF INDIA[RAJASTHAN HIGH COURT] 28-09-2026
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8 read with Section 29 — Framing of charge — Criminal conspiracy or abetment — Requirements — Mere acquaintance, relationship, or a vague allegation of cooperation with principal offenders is insufficient to attract Section 29 — Prosecution must disclose a factual substratum demonstrating the nature, manner, or occasion of assistance, or specific overt acts from which conspiracy or abetment may reasonably be inferred — General and in
India Law Library Docid # 2454869

(550) BAJRANG KUMAR Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 28-09-2026
Criminal Procedure Code, 1973 (CrPC) — Section 91 — Protection of Children from Sexual Offences Act, 2012 — Penal Code, 1860 (IPC) — Section 376-D — Determination of age of prosecutrix — Foundational inquiry — Age of the victim cannot be treated as an incidental or subsidiary circumstance where the POCSO Act is invoked alongside Section 376 IPC — Minority is a jurisdictional fact foundational to the applicability of the special statutory regime and directly affects the legal significance of cons
India Law Library Docid # 2454870

(551) RAMSWAROOP Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 28-09-2026
Arms Act, 1959 — Section 3/25 — Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against conviction — Appreciation of evidence — Appellant was acquitted of serious Indian Penal Code charges and Section 3/27 of the Arms Act, but convicted under Section 3/25 of the Arms Act — Challenge was primarily confined to sentence — High Court independently scrutinized the record to satisfy itself of the finding of guilt — Evidence appreciation by the Trial Court did not suffer from patent illegal
India Law Library Docid # 2454871

(552) XXX, MINOR VICTIM S THROUGH NATURAL GUARDIAN MOTHER. R/O VILLAGE DUVAVA SONGAR DISTT. CHITTORGARH Vs. THE STATE OF RAJASTHAN, THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL AND HEALTH SERVICES, GOVERNMENT SECRETARIAT, JAIPUR, RAJASTHAN.[RAJASTHAN HIGH COURT] 28-09-2026
Constitution of India — Article 21 — Medical Termination of Pregnancy Act, 1971 — Section 3(2), Explanation I — Reproductive autonomy and bodily integrity — Minor rape victim — Termination of 13-week pregnancy — Mother filed writ petition seeking medical termination of pregnancy of her 16-year-old minor daughter resulting from sexual assault — Held, reproductive autonomy, decisional privacy, and bodily integrity are integral facets of Article 21 — Explanation I to Section 3(2) creates a statutor
India Law Library Docid # 2454872

(553) SANJAY ALIAS SETHI Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 28-09-2026
Probation of Offenders Act, 1958 — Sections 4, 5 and 9 — Scheme and scope — Release on probation and monetary directions — Distinction between conditions of probation bond and order to pay compensation or costs — Section 5 empowers the court to make a discretionary order directing the released offender to pay compensation or costs — Section 5(2) expressly provides for recovery of such amount as a fine — Failure to pay compensation or costs does not statutorily result in imprisonment — Consequenc
India Law Library Docid # 2454873

(554) PRINCE @ PIYUSH S/O MADAN LAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 28-09-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Bharatiya Nyaya Sanhita, 2023 — Sections 126(2), 119(2), 109 and 3(5) — Quashing of criminal proceedings based on compromise — Trial Court accepted compromise for Section 126(2) BNS but refused compounding for non-compoundable offences under Sections 119(2), 109 and 3(5) BNS — High Court's inherent power to quash criminal proceedings is distinct from the statutory power of criminal courts to compound offences — Where disputes are amicably
India Law Library Docid # 2454874

(555) SALONI VERMA AND ANOTHER Vs. NONE[RAJASTHAN HIGH COURT] 28-09-2026
Hindu Marriage Act, 1955 — Section 13B — Dissolution of marriage by mutual consent — Examination through video conferencing — Parties residing overseas — Trial Court insisted on appearance from Indian Embassy/Consulate premises — Held, requirement of a Remote Point Coordinator under Rule 5.1 of Rajasthan High Court Rules for Video Conferencing for Courts, 2020 specifically applies when a witness or an accused is examined — Petitioners are parties to matrimonial proceedings and not accused person
India Law Library Docid # 2454875

(556) ORIENTAL INSURANCE CO. LTD. Vs. JAN BEGUM AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 28-09-2026
Employees Compensation Act, 1923 — Section 3 — Arising out of and in course of employment — Tanker driver suffered fatal cardiac arrest on return journey after unloading vehicle — Claimants pleaded and proved that death was caused by stress and strain of long-distance driving — Insurer failed to impeach testimony of cleaner and dependent — Long spells of heavy driving constituted an untoward mishap or accident accelerated by occupational stress — Reasonable nexus between nature of employment and
India Law Library Docid # 2454930

(557) NATIONAL INSURANCE CO. LTD. Vs. RADHA DEVI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 28-09-2026
Motor Vehicles Act, 1988 — Sections 149 and 166 — Claim for compensation — Liability of Insurance Company — Breach of policy condition — Offending driver holding two licences — Insurer established that one driving licence of the driver was fake — However, the driver produced a second licence issued by ARTO, Doda with an endorsement for transport vehicles, which was verified as genuine — Held, as the driver held a valid and effective driving licence at the time of the accident, there was no viola
India Law Library Docid # 2454931

(558) ANOOP DUTTA AND ANOTHER Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 28-09-2026
Jammu and Kashmir Reorganisation Act, 2019 — Section 96 — Code of Civil Procedure, 1908 — Order V Rule 1 and Order VIII Rules 1 and 10 — Executive power of adaptation — Validity of Notification S.O. 1123(E) — Petitioners challenged executive amendments prescribing a 120-day maximum limit and forfeiture of right to file written statement — Held, Central Government was fully competent under Section 96 to adapt and modify laws detailed in the Fifth Schedule — As identical provisions previously exis
India Law Library Docid # 2454932

(559) NASIRA BANO Vs. THE STATE OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 28-09-2026
Civil Procedure — Restoration of writ petition — Non-appearance of counsel — Bona fide oversight — Petition challenging selection was dismissed in absence of applicant's counsel on the submission that it had become infructuous — Counsel failed to appear because the case was inadvertently not marked in his cause list — No deliberate intention to abandon proceedings and prompt steps were taken upon discovering dismissal — Substantive challenge to selection was involved, which had remained pending
India Law Library Docid # 2454933

(560) KARTAR CHAND AND OTHERS Vs. DR. ASGAR HUSSAIN SAMOON AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 28-09-2026
Service Law — Recruitment to post of Principal — J&K Education (Gazetted) Colleges Service Recruitment Rules, 2008 — SRO 124 of 2014 — Mode of recruitment — Under both unamended and amended rules, the post of Principal was to be filled strictly by "selection" through the DPC/PSC — Public Service Commission is fully empowered to frame, alter, or modify rational selection criteria to evaluate merit, integrity, and suitability, provided it adheres to Articles 14 and 16 of the Constitution of India
India Law Library Docid # 2454934

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