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(941) HARISH CHANDRA KUSHWAHA Vs. STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 21-09-2026 Bihar Tenant's Holdings (Maintenance of Records) Act, 1973 — Sections 14, 15 and 16 — Revisional Jurisdiction — Statutory Scheme — Power of mutation is exercisable by Circle Officer under Section 14, and appeal lies to Land Reforms Deputy Collector under Section 15 — Under Section 16, revisional jurisdiction is exclusively vested in Collector of the district (or Deputy Commissioner) and not the Divisional Commissioner — Where Commissioner entertained revision against appellate order and cancelle India Law Library Docid # 2453267
(942) KUSUMAVATI GOWDA Vs. THE GOVERNMENT OF KARNATAKA AND OTHERS[SUPREME COURT OF INDIA] 21-09-2026 Constitution of India, 1950 — Article 21 — Right to fair investigation — Fair investigation is as much a part of constitutional rights guaranteed under Article 21 as a fair trial, without which the trial will naturally not be fair — Investigation must be fair, transparent, and judicious as the minimum requirement India Law Library Docid # 2452969
(943) I.S.D.S. PRIVATE LIMITED AND ANOTHER Vs. M/S KHEMKA FOOD PRODUCTS PVT. LTD. AND ANOTHER[SUPREME COURT OF INDIA] 21-09-2026 Trade Marks Act, 1999 — Section 134 — Commercial Courts Act, 2015 — Sections 3 and 21 — Jurisdiction to try suits for infringement — Restriction under Section 134 of Trade Marks Act to institute suit before any Court inferior to District Court vis-a-vis notifications issued under Commercial Courts Act designating Civil Judge (Senior Division) as Commercial Court — Apparent conflict between view India Law Library Docid # 2452970
(944) NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER Vs. RAJVEER SINGH AND OTHERS[SUPREME COURT OF INDIA] 21-09-2026 Land Acquisition Act, 1894 — Section 28A — Redetermination of compensation — Scope and applicability — Provision enables a landowner who did not seek a reference under Section 18 to apply for redetermination based on an award made by the Reference Court under Part III, provided specific conditions are satisfied, including moving the application India Law Library Docid # 2452971
(945) MICKY TRADERS Vs. L.R.Y. LABOUR CONTRACTOR AND OTHERS[SUPREME COURT OF INDIA] 21-09-2026 Tenders — Eligibility criteria — Judicial review — Scope of judicial review in tender matters is extremely circumscribed, and courts do not sit in judgment over commercial wisdom of tendering authority unless process is arbitrary, mala fide, or dehors terms of the NIT — However, interpretation given by authority to its own tender must India Law Library Docid # 2452972
(946) M/S. NEW INDIA ASSURANCE COMPANY LTD. Vs. M/S. HEMKUND DUPLEX AND BOARD PVT. LTD.[SUPREME COURT OF INDIA] 21-09-2026 Consumer Protection Act, 1986 — Section 2(1)(g) — Fire insurance claim — Repudiation of claim by insurance company — Appellant insurance company repudiated respondent's claim citing violations of Policy Condition No. 6 (requirement of full disclosure and cooperation) and Policy Condition No. 8 (forfeiture for fraudulent means or false declarations) — Multiple reports by preliminary surveyor, investigative agency, and final surveyor highlighted serious abnormalities, including evidence that the t India Law Library Docid # 2452973
(947) THE STATE OF MAHARASHTRA AND ANOTHER Vs. MOMIN MOIUDDIN GULAM HASAN @ MOIN MISTRI AND ANOTHER[SUPREME COURT OF INDIA] 21-09-2026 Unlawful Activities (Prevention) Act, 1967 — Section 43D(2) — Extension of time for filing charge sheet — Investigation of crime is the exclusive domain of the police, and courts cannot curtail statutory powers of investigation or declare an investigation complete based on a solitary statement in an extension application — High Court committed a serious error by treating a prosecution statement that sufficient material existed as proof that India Law Library Docid # 2452974
(948) JASKARAN JEET SINGH DEOL Vs. STATE OF PUNJAB[SUPREME COURT OF INDIA] 21-09-2026 Constitution of India, 1950 —Article 22(1) & (2) — Criminal Procedure Code, 1973 (CrPC) — Sections 50 & 57 [BNSS, 2023 — Section 47 & 58] — Re-arrest of accused after release for constitutional violations — Interplay between procedural defaults and constitutional safeguards — Non-furnishing of written grounds of arrest and detention beyond 24 hours without production before a Magistrate violate Articles 22(1) and 22(2) of the Constitution respectively — Infringement of these provisions vitiates India Law Library Docid # 2452975
(949) JOHN MATHEW Vs. SANTHA PAUL AND OTHERS[SUPREME COURT OF INDIA] 21-09-2026 Civil Procedure Code, 1908 (CPC) — Order 14 Rule 2(2) — Preliminary Issue — Stage at which power to try issue as preliminary issue can be exercised — Sub-rule (2) of Order 14 Rule 2 empowers the Court to try a pure question of law relating to jurisdiction or statutory bar first — The power to try an issue as a preliminary issue is a prospective ordering of trial and does not authorize a retrospective reordering of a trial already underway — Once the Court has embarked upon the trial of issues ge India Law Library Docid # 2452976
(950) R. DURAI AND OTHERS Vs. S. UMAPATHY AND OTHERS[MADRAS HIGH COURT] 21-09-2026 Specific Relief Act, 1963 — Section 38 — Permanent Injunction — Protection of possession — Unlawful occupier versus true owner — Plaintiff claimed tenancy under an unregistered rental agreement executed by the brother of the true owner, who was merely a permissive occupant — Plaintiff failed to prove genuine tenancy, tender of rent, or examine the alleged lessor — Held, an unlawful or wrongful occupant is not entitled to the equitable relief of permanent injunction against the true and absolute India Law Library Docid # 2453307
(951) THE ADMINISTRATOR, SP.SPL.13, KRISHNAPURAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY Vs. N.KALIMUTHU AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 21-09-2026 Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability against show cause notice — Premature challenge — Writ petitioner challenged preliminary notices calling for explanation regarding his promotion to the post of Attender overlooking a senior employee — No final order reverting the petitioner or cancelling his promotion had been passed — Authority had statutory jurisdiction to issue the notice and seek justification — Petitioner rushed to Court prematurely without subm India Law Library Docid # 2453308
(952) M.V.SREENIVAAS Vs. GOVERNMENT OF INDIA AND ANOTHER[MADRAS HIGH COURT] 21-09-2026 Kalakshetra Foundation Recruitment Regulations, 2005 — Appointment to the post of Principal — Feeder category experience — Alternative recruitment mode — Petitioner promoted to Professor in 2022 lacked the required seven years of approved service in that grade when notification was issued in 2023 — Held, where the regulations prescribe appointment by promotion, failing which by contract or deputation, the employer is fully entitled to resort to the alternative mode if no eligible feeder-cadre ca India Law Library Docid # 2453309
(953) BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. UMA DEVI AND OTHERS[HIMACHAL PRADESH HIGH COURT] 21-09-2026 Motor Vehicles Act, 1988 — Section 173 — Practice and Procedure — New plea in appeal — Maintainability — Appellant-Insurance Company contended for the first time in appeal that the accident occurred due to rash and negligent driving of the deceased while under the influence of liquor — Held, it is a settled position of law that parties cannot urge new facts or grounds in appeal that were never raised before the Tribunal below — In the absence of any averment or contention in its written r India Law Library Docid # 2453051
(954) UT OF J&K AND OTHERS Vs. RAMESHWAR DUTT AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 21-09-2026 Service Law — Regularisation — Ad-hoc or temporary employment — Utilization of services for over three decades — Parity with similarly situated employees — Respondent was appointed on ad-hoc basis as Junior Assistant in 1993 along with two others performing identical duties — Co-appointees were granted regular service benefits, whereas Respondent was kept ad-hoc and disengaged after nearly thirty years — Held, while prolonged ad-hoc service does not automatically confer a right to regular India Law Library Docid # 2453054
(955) DR. ABDUL HAMID MIR Vs. UT OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 21-09-2026 Service Law — Alteration of date of birth — Principles of natural justice — Recovery of salary for overstayed service — Petitioner's date of birth in newly reconstructed service book was recorded as 27.03.1949 instead of 27.03.1947 — Based on Vigilance report, Government deemed petitioner superannuated retrospectively from 31.03.2005 and ordered refund of salary drawn for overstay period — Tribunal dismissed petitioner's challenge — Held, orders passed without issuing show-cause notice or India Law Library Docid # 2453055
(956) BIOSTADT INDIA LTD. Vs. UNION OF INDIA AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 21-09-2026 Central Excise Act, 1944 — Refund of Education Cess — Exemption Notification No. 56/2002-CE — Subsequent overruling of precedent — Assessee was granted refund following SRD Nutrients, which was later declared per incuriam in Unicorn Industries — Revenue sought recovery of refunded cess — Held, refunds that stood settled on the basis of the law prevailing at the relevant time are not recoverable merely because the earlier precedent was subsequently overruled — A change in legal position ca India Law Library Docid # 2453056
(957) RANBIR SINGH Vs. TDI INFRASTRUCTURE[DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 21-09-2026 Consumer Protection Act, 1986 — Section 2(1)(d) — Definition of "Consumer" — Commercial purpose — Onus of proof — Complainant booked a residential plot and paid substantial booking amount — Opposite party contended that the complainant was an investor who acquired the plot for commercial gain and resale — Held, the burden of proving that the property was purchased for a commercial purpose rests squarely upon the developer — In the absence of cogent documentary evidence demonstrating that the com India Law Library Docid # 2453448
(958) LOKESH DHAWAN Vs. ARUN DHAWAN AND OTHERS[DELHI HIGH COURT] 21-09-2026 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of plaint — Partition suit — Due diligence — Plaintiff sought to amend plaint to include movable properties, specifically company shares transferred before father's death, claiming lack of knowledge — Held, petitioner was a director and shareholder drawing salary until 2011 in a close-knit family company — Petitioner filed a CLB petition in August 2012 challenging share transfers, but filed amendment application only in 2014 — It is India Law Library Docid # 2453081
(959) U E TRADE CORPORATION (INDIA) PVT LTD Vs. DR BHUPESH MANGLA[DELHI HIGH COURT] 21-09-2026 Evidence Act, 1872 — Section 116 — Transfer of Property Act, 1882 — Landlord and Tenant — Maintainability of eviction suit by single co-owner — Tenant inducted into possession under lease executed by respondent cannot question landlord's title during subsistence of tenancy — Section 116 estops tenant from denying landlord's title, however defective — Impleadment of all co-owners is not a prerequisite to evict a tenant; one co-owner acts on his own behalf and as an agent for other co-owners, unle India Law Library Docid # 2453082
(960) ASHISH SHARMA ALIAS SONU AND OTHERS Vs. STATE OF NCT OF DELHI AND ANOTHER[DELHI HIGH COURT] 21-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r) and 3(1)(s) — Quashing of FIR — Allegations based on hearsay — Property dispute between parties carrying on property business in the same area — Complainant admitted not hearing any caste-related remarks directly and that FIR was lodged on hearsay information — Dispute was primarily civil and private in nature, lacking intention to demean the v India Law Library Docid # 2453083