(761) ABDUR RAHMAN AND ANR. Vs. THE STATE OF ASSAM AND 6 ORS.[GAUHATI HIGH COURT] 23-09-2026 Fundamental Rules and Subsidiary Rules — S.R. 8(c) — Correction of Date of Birth — Service Book Entry — Discrepancy in Audit List — Muster Roll workers regularized in 2005 had dates of birth entered in service books based on school certificates — PWD (Audit) listed earlier superannuation dates — Department initiated correction in 2008, corroborated by subsequent district administration inquiry — Finance Department rejected correction on ground that proposal was received beyond prescribed period India Law Library Docid # 2454349
(762) BIKROM PATOR Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 23-09-2026 Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 134 — Evidentiary value of injured eyewitnesses — Relationship to deceased — Appellant struck deceased on the head with an axe, corroborated by post-mortem report — Eyewitnesses PW-4 and PW-5 sustained injuries during the same occurrence — Held, testimony of an injured witness enjoys a special status in law, as sustaining injuries at the scene establishes presence and renders false implication unlikely — Evidence of close relati India Law Library Docid # 2454352
(763) RAMJAN ALI Vs. THE STATE OF ASSAM AND ANR.[GAUHATI HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 311 — Indian Evidence Act, 1872 — Section 138 — Recall and re-examination of witness — Interplay between provisions — Trial Court recalled child victim to remove ambiguity in her initial testimony — Contention that re-examination cannot introduce new facts or fill prosecution lacuna under Section 138 Evidence Act rejected — Held, Section 311 Cr.P.C. confers wide discretionary powers on the Court to recall and re-examine any witness at any stage if e India Law Library Docid # 2454355
(764) ABUL BASHAR Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 23-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 35(1) and Section 35(3) — Arrest for offences punishable with imprisonment up to seven years — Necessity of recording reasons — Notice under Section 35(3) is the rule — Power of arrest is discretionary and cannot be exercised mechanically — Investigating Officer must record specific reasons justifying arrest and explain why issuance of statutory notice would not suffice — Failure of Investigating Officer to record reasons or satisfaction renders India Law Library Docid # 2454359
(765) MARBA BAGRA AND ANR Vs. THE STATE OF AP[GAUHATI HIGH COURT] 23-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Penal Code, 1860 (IPC) — Section 380 — Quashing of criminal proceedings — Settlement in family dispute — Accused son stole articles from his father's house to procure drugs — Frustrated father lodged an FIR under Section 380 IPC — Son subsequently completed a six-month drug rehabilitation program, realised his mistake, and apologised — Parties executed a Deed of Agreement amicably settling the dispute and resumed living together — Offence India Law Library Docid # 2454361
(766) THE GAIL INDIA LIMITED AND ANOTHER Vs. KADDUS ALI AND OTHERS[GAUHATI HIGH COURT] 23-09-2026 Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 — Sections 10 and 11 — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — First Schedule — Determination of compensation for acquisition of right of user — Distinction between acquisition of title and acquisition of right of user — P&MP Act provides no independent formula for determining market value — Held, market value of land must be assessed adopting the India Law Library Docid # 2454367
(767) SHRI DEEPAK KUMAR AND OTHERS Vs. THE STATE OF MEGHALAYA THROUGH THE INSPECTOR, DRUG CONTROL DEPARTMENT, MINISTRY OF HEALTH & AMP; FAMILY WELFARE, SHILLONG, MEGHALAYA. AND ANOTHER[MEGHALAYA HIGH COURT] 23-09-2026 Drugs and Cosmetics Act, 1940 — Section 34 — Negotiable Instruments Act, 1881 — Section 141 — Vicarious liability of corporate officers — Requirement of impleading company as an accused — Held, Section 34 of the Drugs and Cosmetics Act is pari materia with Section 141 of the Negotiable Instruments Act regarding vicarious liability. Commission of an offence by the company is an express condition precedent to attract vicarious liability of its directors and employees. Applying the Constitutional B India Law Library Docid # 2454381
(768) EMPLOYERS IN RELATION TO THE MANAGEMENT OF FOOD CORPORATION OF INDIA, PATNA THROUGH THE AREA MANAGER, DISTRICT OFFICE, MUZAFFARPUR (BIHAR) AND ANOTHER Vs. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF LABOUR, NEW DELHI AND OTHERS[PATNA HIGH COURT] 23-09-2026 Public Sector Undertakings — Challenge to Tribunal Awards — Mandatory Screening Procedure — Office Memorandums dated 08.08.1964 and 19.03.1999 — Food Corporation of India challenged CGIT award regularizing casual workers without showing prior approval from Central Government — Public Sector Undertakings are required to strictly adhere to the screening procedure involving consultation among Administrative, Law, and Labour Ministries before assailing awards before the High Court — In absence of pl India Law Library Docid # 2454389
(769) M/S SINGH ENTERPRISES AND ANOTHER Vs. THE CENTRAL WAREHOUSING CORPORATION AND OTHERS[PATNA HIGH COURT] 23-09-2026 Constitution of India, 1950 — Article 226 — Administrative Law — Contractual dispute — Termination of Handling and Transportation contract, 5-year blacklisting, and forfeiture of bank guarantee — Petitioners challenged termination and debarment by Central Warehousing Corporation — Earlier writ petition was disposed of directing consideration of petitioners' representation through a reasoned order after hearing — Matter remaining pending — Respondent Corporation agreed to afford a personal hearin India Law Library Docid # 2454390
(770) DAYA ENGINEERING WORKS (SLEEPER) LIMITED AND ANOTHER Vs. THE UNION OF INDIA AND OTHERS[PATNA HIGH COURT] 23-09-2026 Railways — Commercial Licensing of Railway Land — Revision of Licence Fee — Authority of Railway Administration — Petitioners occupying railway commercial plots challenged enhanced licence fees demanded by the Railway authorities — Held, licensing authority possesses full right and power to revise or enhance licence fees in terms of applicable Railway Board Circulars taking into account land valuation and relevant considerations, provided the revision is reasonable, non-arbitrary, and non-discri India Law Library Docid # 2454391
(771) MUNNA PRASAD YADAV Vs. THE INDIAN OIL CORPORATION LIMITED[PATNA HIGH COURT] 23-09-2026 Constitution of India, 1950 — Article 12 and Article 226 — Tender and Selection Process — Adherence to Advertisement Terms — Indian Oil Corporation, being State within the meaning of Article 12, is obligated to act fairly, reasonably, and uniformly — Corporation must strictly adhere to the standards and conditions stipulated in the advertisement without variation — Any alteration or departure from prescribed standards would introduce a subjective approach leading to discrimination — High Court c India Law Library Docid # 2454392
(772) SHAHID EQWAL AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 23-09-2026 Service Law — Recruitment and Selection — Delay in Joining — Reasons beyond candidate's control — Petitioners serving in the Indian Air Force were selected as Deputy Superintendent of Police but could not join within the stipulated time as the Air Force refused to grant an NOC/discharge certificate — Petitioners diligently pursued judicial remedies and sought joining immediately after discharge — Held, a meritorious candidate cannot be penalized or denied appointment for delay occurring due to c India Law Library Docid # 2454394
(773) DAYA ENGINEERING WORKS (SLEEPER) LIMITED AND ANOTHER Vs. THE UNION OF INDIA AND OTHERS[PATNA HIGH COURT] 23-09-2026 Railways Act, 1989 — Commercial Licensing of Railway Land — Revision of Licence Fee — Scope and powers of Railway authorities — Petitioners challenged demand notices enhancing licence fees for railway plots occupied for manufacturing and stacking PSC sleepers — Held, the licensing authority is fully entitled to revise or enhance the licence fee in accordance with the applicable Railway Board circulars, taking into account land value and other relevant considerations, provided such enhancement is India Law Library Docid # 2454397
(774) RAKESH SAO @ RAKESH KUMAR AND OTHERS Vs. THE STATE OF BIHAR AND ANOTHER[PATNA HIGH COURT] 23-09-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Sections 3(1)(r), 3(1)(s) and Section 18 — Anticipatory bail — Statutory bar — Offences in "any place within public view" — Scope and applicability — To constitute offences under Sections 3(1)(r) and 3(1)(s), intentional insult, intimidation, or caste-based abuse must occur in a place within public view — Where, upon a prima facie assessment of the FIR and investigation materials, the essential ingredients of the allege India Law Library Docid # 2454408
(775) SUBODH KUMAR SINGH @ SUBODH KUMAR @ GUDDU SINGH AND OTHERS Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 23-09-2026 Penal Code, 1860 (IPC) — Section 302/34 — Arms Act, 1959 — Section 27(i) — Appreciation of Evidence — Murders by firearm — Unreliable eyewitnesses — Prosecution case rested on testimonies of close relatives (PW-1, PW-2, and PW-5) — Significant contradictions emerged regarding their exact vantage points, ability to observe the firing at dusk, and mode of transporting the injured — Physical description of the scene showed the shop was enclosed on three sides, obstructing visibility — Witnesses arr India Law Library Docid # 2454412
(776) ANNAPURNA DEVI AND OTHERS Vs. RATAN LALL[PATNA HIGH COURT] 23-09-2026 Registration Act, 1908 — Sections 60, 61 and 87 — Indian Stamp Act, 1899 — Section 38(2) — Validity of gift deed — Registration completed after payment of deficit stamp duty — Gift deed was impounded upon presentation for want of deficit stamp duty, which was subsequently deposited along with penalty during donor's lifetime and thereafter registered — Challenge to validity on ground of non-compliance with procedural formalities under Sections 60 and 61 — Held, once formalities required on donor' India Law Library Docid # 2454413
(777) SRIKANT SINGH Vs. THE PATNA MUNICIPAL CORPORATION[PATNA HIGH COURT] 23-09-2026 Civil Procedure Code, 1908 (CPC) — Order 47 Rule 1 — Scope of Review Jurisdiction — Error apparent on the face of the record — Review sought against order dismissing Letters Patent Appeal which affirmed the Single Judge's order upholding the withdrawal of permission to maintain a nursery in a commercial complex setback area — Held, the power of review cannot be exercised as an appellate jurisdiction — Review is permissible only when an error apparent on the face of the record is demonstrated — I India Law Library Docid # 2454416
(778) RAKESH KUMAR @ GUDDU AND OTHERS Vs. STATE OF BIHAR AND ANOTHER[PATNA HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 245 and Section 482 — Discharge — Abuse of process of Court — Retaliatory counterblast — Criminal complaint lodged by the wife against her husband and in-laws alleging dowry demand and cruelty after the husband instituted a matrimonial suit for dissolution of marriage and the father-in-law initiated prior criminal proceedings — Complainant was aware of the divorce suit and filed the complaint as a retaliatory measure to set up a defence — Initiation India Law Library Docid # 2454417
(779) HARENDRA NATH DUBEY Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 — Section 197 — Prosecution of public servants — Scope and applicability — Requirement of previous sanction — Object is to protect public servants from vexatious or mala fide prosecutions — Test to determine applicability is whether the act complained of has a reasonable and integral connection with the discharge or purported discharge of official duty — Quality of the act must be examined to determine if the public servant can reasonably claim that the act was done India Law Library Docid # 2454418
(780) TUNISH KUMAR Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 23-09-2026 Letters Patent Appeal — Scope of interference with interim orders — Appeal against interim order directing status quo and restraining coercive steps — Writ petition pending adjudication — Division Bench held that the appellate court will not interfere with an interim order unless it suffers from patent illegality or perversity — Where the underlying writ petition concerning a land dispute over an Anganwari Centre is pending and the State has no objection to the interim relief, no interference is India Law Library Docid # 2454420