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(661) HARI SHANKAR MISHRA Vs. STATE OF BIHAR[PATNA HIGH COURT] 08-07-2026
Service Law — MACP — Relief Beyond Pleadings — Unchallenged Subsequent Order — Intra-court appeal against dismissal of a writ petition seeking third MACP benefit, where a subsequent decision of the District Screening Committee rejecting the claim, passed during pendency of the writ, was neither specifically challenged by amendment nor assailed by fresh proceeding. Held, a court cannot travel beyond the pleadings or grant relief against an order not specifically put in issue; a rejoinder or inter
India Law Library Docid # 2448100

(662) MANGAL SINGH MANDRAWAL Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 08-07-2026
Financial Handbook, Volume II, Part II-IV — Fundamental Rule 56(c) — Voluntary retirement — Automatic effectiveness on expiry of notice period — Registrar's notice for voluntary retirement neither accepted nor rejected within statutory three-month period; State subsequently declined it citing shortage of personnel — Held, unlike resignation, voluntary retirement under Clause (c) of FR 56 is a statutory right not requiring acceptance except where disciplinary proceedings are pending/contemplated;
India Law Library Docid # 2448118

(663) DR. RAJESH KUMAR Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 08-07-2026
Uttarakhand Annual Transfer for Public Servants Act, 2017 — Section 17(2)(d) — Exemption for elected office-bearers of service associations — Petitioner, elected President of District-level Committee of Veterinary Service Association, claimed transfer exemption; State disputed existence of District-level committee under Association Rules — Held, prima facie, Rules do contemplate District-level representation; matter disposed of with liberty to petitioner to make representation, to be decided wit
India Law Library Docid # 2448119

(664) SHAMSHER SINGH Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 08-07-2026
Uttarakhand Annual Transfer for Public Servants Act, 2017 — Sections 3(e), 7(d)(iii), 13(4) — Transfer despite spouse's disability — No indefeasible right — Petitioner challenged transfer from accessible to remote area despite wife's 100% disability certificate submitted during transfer exercise; also alleged discriminatory application of exemptions and mala fides — Held, disability of spouse does not confer absolute exemption; scope of judicial review in transfer matters is extremely limited; u
India Law Library Docid # 2448120

(665) DR. VIJENDRA PRATAP SINGH Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 08-07-2026
Uttarakhand Annual Transfer for Public Servants Act, 2017 — Section 8 — Computation of accessible-area service — Effect of interim court order — Petitioner contended he had not completed requisite four years' service at accessible place due to interim stay in a third party's litigation during which he was attached elsewhere — Held, S. 8 counts total service in accessible area during whole service period, not confined to a specific posting; period of attachment at the same accessible station coun
India Law Library Docid # 2448121

(666) MANVENDRA SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 08-07-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Compounding of non-compoundable matrimonial offences — Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act — Parties settled matrimonial disputes, filed mutual divorce petition, and complied with agreed financial terms; complainant confirmed settlement and unwillingness to prosecute further — Held, following Gian Singh, B.S. Joshi and Nikhil Merchant, High Court's inherent power permits compounding of non-compoundable offences arisi
India Law Library Docid # 2448122

(667) M/S SREE GOKULAM CHIT & FINANCE CO. (P) LTD. Vs. IDA PURUSHOTHAMAN[KERALA HIGH COURT] 08-07-2026
Negotiable Instruments Act, 1881 — Section 138 proviso (c), S. 142 — Computation of limitation where notice returned "refused"/"unclaimed" — Date of deemed service — Where a demand notice is returned unserved as refused or unclaimed, the date of deemed service for computing the 15-day and limitation period is the date the complainant received the returned postal cover or was informed by the postal authority — not the date of the postman's endorsement of refusal at the addressee's end — This cons
India Law Library Docid # 2448596

(668) BHARAT SURSINGH ASHER Vs. SMT. RUPA PRAVEEN ASHER[KERALA HIGH COURT] 08-07-2026
Arbitration and Conciliation Act, 1996 — Sections 7 and 11 — Kerala High Court Arbitration Centre Scheme — "Duly certified copy" of arbitration agreement for private documents — Since S. 7 prescribes no particular form for an arbitration agreement (including inference from electronic communication or exchange of pleadings), the Scheme's requirement of a "duly certified copy" cannot uniformly
India Law Library Docid # 2448597

(669) DEEPA GEORGE Vs. S. VALSA[KERALA HIGH COURT] 08-07-2026
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 34 — Two distinct limbs: bar on entertaining suit and bar on granting injunction — Second limb operates independent of the first — Section 34 must be read disjunctively: the bar on entertaining a suit/proceeding operates only at institution and does not permit dismissal once a suit is validly entertained, but the separate bar on granting injunction against SARFAESI proceedings applies a
India Law Library Docid # 2448598

(670) MUNEER AZIZ WAR Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT (SRINAGAR BENCH)] 08-07-2026
Constitution of India — Art. 21 — Right to Speedy Trial — Grant of bail in heinous offences on account of long incarceration — Right to speedy trial is a fundamental right under Article 21 of the Constitution of India — Long incarceration of an undertrial without any likelihood of conclusion of trial in the near future infringes upon this right — Even in cases involving heinous offences punishable with death or imprisonment for life, where statutory or procedural bars like the Proviso to
India Law Library Docid # 2448661

(671) SUSHILA SHARMA AND OTHERS Vs. MAHINDRA KUMAR SHARMA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT (JAMMU BENCH)] 08-07-2026
Succession Act, 1925 — Sections 222, 232, 276, and 299 [corresponding to J&K Probate and Administration Act, 1977 (Samvat) — Sections 6, 19, 56, and 62] — Scope of Probate versus Letters of Administration — Conversion of proceedings — Probate can be granted only to an executor expressly or impliedly appointed under a Will — In the absence of an appointed executor, a petition for probate filed by a legatee or beneficiary is technically defective, and the
India Law Library Docid # 2448663

(672) AJAY VIJH Vs. INDIAN BANKS ASSOCIATION AND OTHERS[SUPREME COURT OF INDIA] 07-07-2026
Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability — Inclusion of advocate's name in IBA "Caution List" — High Court dismissing writ petition on ground that Indian Banks' Association (IBA) is not "State" under Art. 12 — Held, focus of maintainability has shifted from formal character of respondent body to nature of function performed and effect of impugned action on legally protected rights — Caution List operates as sector-wide adverse accreditation mechanism with p
India Law Library Docid # 2447430

(673) GUNADHAR SINGH Vs. DHONIBALA SINGH AND OTHERS[JHARKHAND HIGH COURT] 07-07-2026
Hindu Marriage Act, 1955 — Section 9 — Restitution of conjugal rights — Proof of marriage and of withdrawal without reasonable excuse — Wife's suit for restitution decreed by Family Court, holding that husband had withdrawn from her society without reasonable cause and that the factum of marriage stood proved — Husband denying the marriage altogether and pleading that the wife was set up by villagers to extort money
India Law Library Docid # 2447442

(674) SHYAMA NAND TIWARI AND OTHERS Vs. UNION OF INDIA AND OTHERS[JHARKHAND HIGH COURT] 07-07-2026
Service Law — Regularization — Casual/Part-Time Labourers — Educational qualification — Part Time Casual Labourers (Regularization) Scheme of CBIC, 2020 — Petitioners engaged as Casual Labourers since 1995 and 1999 respectively, working continuously for nearly three decades — Claim for regularization rejected on ground of non-fulfilment of educational qualification (matriculation) — Petitioners possessing only
India Law Library Docid # 2447440

(675) MANTU PANDEY @ SWETABH KUMAR PANDEY Vs. STATE OF JHARKHAND[JHARKHAND HIGH COURT] 07-07-2026
Penal Code, 1860 (IPC) — Sections 302, 304 Part I, 304 Part II, 300, 299 — Murder v. culpable homicide not amounting to murder — Distinction between "intention" and "knowledge" — Appellant convicted by trial court under S. 302 IPC for causing death of an elderly woman by assaulting her with a bamboo strip, on her refusal to supply liquor to him while he was in an intoxicated state — Deceased did not die at the spot but
India Law Library Docid # 2447441

(676) NARENDRA MEGHWAL AND OTHERS Vs. THE STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 07-07-2026
Recruitment Process — Village Development Officer — Advertisement dated 06.09.2021 — Vacant posts — Waiting/reserve list not operated — Prejudice to petitioners — Original selection process of 2021 for operating reserve/waiting list.
India Law Library Docid # 2447655

(677) RAJESH SINGH SISODIA AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 07-07-2026
Constitutional Obligation and Welfare Schemes — The State has a constitutional duty to ensure justice, dignity, and rehabilitation for historically disadvantaged communities — Welfare measures, like land allotment for permanent settlement, are not charity but constitutional instruments to achieve substantive equality and remedy
India Law Library Docid # 2447656

(678) AYUB SODHA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 07-07-2026
Civil Procedure Code, 1908 (CPC) — Order 43 Rule 1 — Statutory remedy of appeal — Petitioner failed to avail statutory remedy of appeal against the Trial Court's order granting status quo — Petitioner cannot bypass statutory mechanism by invoking writ jurisdiction.
India Law Library Docid # 2447657

(679) LAXMAN TUDU Vs. STATE OF BIHAR[PATNA HIGH COURT] 07-07-2026
Conviction under Section 307 IPC — Altercation Between Co-Villagers — Alteration of Conviction — Appeal against conviction under Sections 307/323/341/34 IPC for an assault arising from a minor dispute at a village function. Held, where the occurrence took place on the spur of the moment between co-villagers over a trivial dispute, and the injuries and circumstances do not disclose intention to cause death, conviction under Section 307 IPC is not warranted; conviction altered to one under Section
India Law Library Docid # 2448097

(680) SAGIR AHMAD Vs. STATE OF BIHAR[PATNA HIGH COURT] 07-07-2026
Writ Jurisdiction — Alternative Remedy — Non-Disposal of Pending Appeal — Petitioners aggrieved by a blanket lock on sale of land ordered by the Sub-Registrar allegedly beyond his jurisdiction and affecting land not covered by the underlying civil suit sought direct relief in writ jurisdiction, despite a statutory appeal already pending before the Collector-cum-Registrar. Held, where a statutory appellate remedy is already invoked and remains undisposed due to inaction of the appellate authority
India Law Library Docid # 2448098

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