(781) SEEMA RANI Vs. RENU BALA[HIMACHAL PRADESH HIGH COURT] 23-09-2026 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 and 2 — Interim Injunction — Concealment of material facts — Discretionary and equitable relief — Plaintiff sought to restrain co-sharer from raising construction, claiming the land was joint, but concealed a prior partition order passed by the revenue authority before the institution of the suit — Held, interim injunction is an equitable and discretionary relief requiring the applicant to approach the court with clean hands — Concealment of ma India Law Library Docid # 2454076
(782) NATIONAL INSURANCE CO. LTD. AND ANOTHER Vs. SRI M C MANJUNATH AND OTHERS[KARNATAKA HIGH COURT] 23-09-2026 Motor Vehicles Act, 1988 — Section 166 — Gratuitous passenger — Carriage in goods vehicle — Accident occurring during return journey after unloading goods — Claimant claimed to be an unloader — Held, in the absence of the vehicle carrying goods, carriage of any person in a goods vehicle is only as a gratuitous or fare-paying passenger — Such carriage is in breach of insurance policy conditions — Owner's initial FIR statement showed passenger boarded during return journey, disproving engagement a India Law Library Docid # 2454085
(783) SONU ALIAS ALI Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 23-09-2026 Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 430 — Penal Code, 1860 (IPC) — Section 302 — Suspension of sentence pending appeal — Murder — Legal principles — Presumption of innocence is erased upon recorded conviction by a competent court. In serious and heinous offences involving life imprisonment under Section 302 IPC, suspension of sentence can be granted only in exceptional cases. Societal concerns, public peace, and the nature of the crime must be prioritized and weighed in juxtapositio India Law Library Docid # 2454095
(784) SUSHEEL KUMAR Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 23-09-2026 Protection of Children from Sexual Offences Act, 2012 — Section 35 — Regular bail — Statutory timeline for trial — Entitlement to bail — Accused sought regular bail citing failure to conclude trial within one year under Section 35(2) of POCSO Act — Held, the timeline in Section 35 is directory and not mandatory, incorporating the term "as far as possible" — Section 35 was enacted to protect and rehabilitate child victims promptly, not to create a default right to bail for perpetrators — Failure India Law Library Docid # 2454097
(785) NAVEEN D' SOUZA AND OTHERS Vs. STATE OF KARNATAKA AND ANOTHER[KARNATAKA HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 156(3), 190 and 200 — Police 'B' Report — Procedure on Protest Memo — Magistrate issued process after recording sworn statement on a protest memo without passing an order on the 'B' Report — Held, when a 'B' report is submitted and a protest memo is filed, the protest memo must be treated as a complaint — The Magistrate must apply judicious mind to the reasons in the 'B' report and grounds in the protest memo, and record an express finding acceptin India Law Library Docid # 2454105
(786) UDAY SINGH Vs. LAND ACQUISITION COLLECTOR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 23-09-2026 Land Acquisition Act, 1894 — Sections 18, 23 and 54 — Determination of market value — Highest sale exemplar — Reference Court determined compensation relying on a lower sale deed — Held, settled law establishes that where multiple bona fide sale exemplars of similar lands proximate in time are available, the highest exemplar must be preferred rather than resorting to averaging or selecting lower-value transactions, unless strong circumstances justify otherwise — Sale deed Ex.PD reflected the hig India Law Library Docid # 2454108
(787) MAHANTHESH N. Vs. VEERABHADRAPPA M. AND ANOTHER[KARNATAKA HIGH COURT] 23-09-2026 Motor Vehicles Act, 1988 — Sections 166 and 168 — Negligence — Rear-end collision — Safe distance — Sudden braking at night — Offending lorry suddenly stopped without brake lights, causing claimant's motorcycle to collide into its rear — Lorry driver charge-sheeted and pleaded guilty under Sections 279 and 338 of Indian Penal Code — Insurer failed to elicit or prove distance between vehicles — Precedents regarding failure to maintain safe distance distinguished — Held, criminal conviction and ab India Law Library Docid # 2454112
(788) BRIGHTSWORD TECHNOLOGIES PVT LTD Vs. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD[KARNATAKA HIGH COURT] 23-09-2026 Karnataka Industrial Areas Development Act, 1966 — Section 28 — Pre-condition of obtaining consent of landowners — Validity — Board requiring applicant-entrepreneur to obtain prior consent of landowners before proceeding with acquisition — Held, such condition does not conflict with or run contrary to the statutory scheme of Section 28 — Appellant having failed to comply with the said condition cannot assert an enforceable right over the subject lands or claim that the Board lacked authority to India Law Library Docid # 2454113
(789) STATE OF H.P. Vs. SURENDER KUMAR[HIMACHAL PRADESH HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of interference — Presumption of innocence is reinforced by an acquittal — Appellate court should not interfere unless the trial court's view is impossible, perverse, wholly unsustainable, or manifestly illegal — Where two reasonable conclusions are possible on the evidence, the view favourable to the accused must be adopted — Due weight must be given to findings of the trial court, which had the opportunity to India Law Library Docid # 2454114
(790) MUNI LAL Vs. MD, HRTC & ORS.[HIMACHAL PRADESH HIGH COURT] 23-09-2026 Motor Vehicles Act, 1988 — Sections 166 and 173 — Claim petition — Principles of compensation in personal injury cases — Injured claimant is entitled to both pecuniary and non-pecuniary damages — Pecuniary damages include expenses for medical treatment, attendant charges, transportation, and loss of future earnings resulting from permanent disability — Non-pecuniary damages compensate for mental and physical shock, pain, suffering, and loss of amenities of life — Object of awarding damages is to India Law Library Docid # 2454115
(791) DEVASHISH YADAV Vs. GUNJAN YADAV[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 23-09-2026 Constitution of India, 1950 — Article 227 — Hindu Marriage Act, 1955 — Section 9 — Family Courts Act, 1984 — Section 10 — Civil Procedure Code, 1908 (CPC) — Order VII Rule 11 — Maintainability of petition to quash restitution of conjugal rights proceedings — Petitioner sought quashing of Section 9 petition alleging abuse of process — Held, proceedings before Family Court are civil proceedings resulting in an appealable decree — Supervisory jurisdiction under Article 227 cannot be invoked to ques India Law Library Docid # 2454020
(792) VIJAYENDRA PAL SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 23-09-2026 Service Law — Deputation — Right of Deputationist — Repatriation to Parent Department — Petitioner, substantively holding post of Assistant Engineer, was appointed on deputation as General Manager in respondent-Corporation — Subsequently repatriated to parent department — Challenge to repatriation — Held, a deputationist has no vested or fundamental right to continue on deputation — Basic principle underlying deputation is that an employee can always be repatriated to parent department at instan India Law Library Docid # 2454027
(793) DEVAKI AND OTHERS Vs. CHANDRIKA AYYAPPAN[KERALA HIGH COURT] 23-09-2026 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 7 and Order 9 Rule 13 — Distinction between setting aside ex parte decree and ex parte order — Scope of Rule 7 — While Rule 13 deals with setting aside an ex parte decree which finally adjudicates rights, Rule 7 does not contemplate setting aside a decree or final order — Rule 7 is an interlocutory proceeding merely enabling the defendant, upon assigning good cause for previous non-appearance, to be relegated to the position he would have occupied India Law Library Docid # 2454248
(794) POTHULA LAKSHMANNA, ALIAS POTULA ANAND KUMAR Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 23-09-2026 Bharatiya Nyaya Sanhita, 2024 — Section 69 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 and 483 — Consensual relationship versus false promise to marry — Distinction between a false promise and breach of promise — Physical relations established on a promise to marry do not amount to an offence unless the accused harboured a fraudulent intention from the very inception solely to secure sexual relations — A consensual relationship that later turns sour cannot justify invoking criminal India Law Library Docid # 2453970
(795) SUJATA PANDA Vs. STATE OF ORISSA & ORS.[ORISSA HIGH COURT] 23-09-2026 Service Law — Refixation of pay and recovery — Principles of natural justice — Petitioner challenged an order refixing her pay after two years of retirement and directing recovery of alleged excess payment without an opportunity of hearing — Held, an administrative action entailing civil consequences must strictly conform to the rules of natural justice — Authority exercising power to the prejudice of an employee is under a duty to act judicially and provide a reasonable opportunity of being hea India Law Library Docid # 2454608
(796) FARUK @KALU YUSUFBHAI Vs. STATE OF GUJARAT[GUJARAT HIGH COURT] 23-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Regular Bail — Relevant considerations — Well-settled principles for exercise of bail jurisdiction — Court must evaluate the nature and gravity of accusation, severity of likely punishment, prosecution material, apprehension of tampering with evidence or witnesses, risk of absconding, character and standing of the accused, and larger public or State interest. India Law Library Docid # 2455025
(797) CHIEF OFFICER Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 — Sections 372 Proviso and 378(4) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 413 — Appeal against acquittal — Transfer to Sessions Court — Complainant filed appeal under Section 378(4) CrPC against Magistrate's judgment acquitting accused under Sections 406, 420, 408 and 114 IPC — In view of precedents recognizing victim's right to appeal before Court of Sessions under proviso to Section 372 CrPC, High Court directed Registry to transfer appeal to concerne India Law Library Docid # 2455027
(798) SUBHAS CHANDRA SARKAR Vs. STATE OF WEST BENGAL AND OTHERS[SUPREME COURT OF INDIA] 22-09-2026 Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) — Section 413, Proviso & Section 415(3) — Right of victim to appeal against acquittal — Maintainability of appeal before High Court vs. Sessions Court — Order of acquittal passed by Judicial Magistrate of First Class in respect of bailable offence — Victim preferring appeal — Appeal against order of conviction passed by Magistrate lies to Sessions Court under Section 415(3) — By virtue of proviso to Section 413, appeal by victim against order of acq India Law Library Docid # 2454046
(799) SUDEEP Vs. STATE OF KARNATAKA[KARNATAKA HIGH COURT] 22-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bharatiya Nyaya Sanhita, 2023 — Sections 310(4) and 310(5) — Regular Bail — Criminal Antecedents — Accused arrested for alleged assembly and preparation to commit dacoity while armed with weapons — State highlighted petitioner's involvement in earlier criminal cases — Held, pendency of earlier criminal cases wherein accused was granted bail cannot operate as the sole ground to reject regular bail if accused is otherwise entitled to relief India Law Library Docid # 2454069
(800) BASAVARAJU AND OTHERS Vs. AKKUR POLICE STATION AND ANOTHER[KARNATAKA HIGH COURT] 22-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of charge-sheet and proceedings — Offences under Sections 341, 323, 504, 506 read with Section 34 of IPC — Civil dispute given criminal colour — Parties entangled in dispute over immovable property — Earlier complaint on same incident was closed as non-cognizable — Impugned complaint lodged after an unexplained inordinate delay of ten months as a counterblast — Allegations were omnibus without attributing specific overt acts — Crimina India Law Library Docid # 2454070