ive
(381) SURAJ SANJAY JADHAV Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT (KOLHAPUR BENCH)] 12-10-2026 Constitution of India, 1950 — Article 21 — Criminal Jurisprudence — Issuance of Arrest Warrant — Duty of Court — Non-bailable warrants directly curtail personal liberty and cannot be issued mechanically — Discretion to issue warrants must be exercised cautiously and judiciously, balancing law enforcement with individual liberties — Courts should first issue summons, followed by bailable warrants if summons are avoided — Non-bailable warrants should be resorted to only when the court is satisfied India Law Library Docid # 2455672
(382) PETITIONER Vs. RESPONDENTS[BOMBAY HIGH COURT (KOLHAPUR BENCH)] 12-10-2026 Medical Termination of Pregnancy Act, 1971 — Sections 3(2)(b), 3(2B) — Termination beyond 24 weeks — Foetus diagnosed with Beta Thalassemia Major — Petitioner, 27+ weeks pregnant, sought termination after foetus was diagnosed with homozygous Beta Thalassemia Major — Statutory 24-week ceiling under Section 3(2)(b) does not apply under Section 3(2B) where termination is necessitated by substantial foetal abnormalities diagnosed by a Medical Board — Medical Board confirmed severe lifelong medical b India Law Library Docid # 2455673
(383) MANOJ BALARAM PATIL AND ANOTHER Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 12-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Indian Penal Code, 1860 — Sections 302, 324, 323, 504, 506 and 34 — Grant of regular bail — Long incarceration — Applicants detained for over 4 years and 10 months — Only 14 of 32 prosecution witnesses examined and trial was stalled with bleak prospect of early conclusion — Applicant No. 1 suffered from acute psychosis, and co-accused was previously enlarged on bail — Held, prolonged detention violates fundamental right to speedy trial — W India Law Library Docid # 2455674
(384) MOHAMMAD HASEEB Vs. STATE OF GOA[BOMBAY HIGH COURT (GOA BENCH)] 12-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 311 — Indian Penal Code, 1860 — Section 376 — Protection of Children from Sexual Offences Act, 2012 — Recall of victim for cross-examination — Subsequent filing of DNA report — Petitioner sought to recall victim after the prosecution placed the DNA report on record — Held, accused was aware that samples had been sent for testing and had full opportunity to cross-examine victim on sampling — Prosecution must prove the report by examining the expert a India Law Library Docid # 2455676
(385) PARAMESHWAR BHIMRAYA BALAGANV Vs. THE STATE OF MAHARASHTRA AND ANR.[BOMBAY HIGH COURT (KOLHAPUR BENCH)] 12-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Pre-arrest bail — Parity and lack of criminal antecedents — Applicant was arraigned as Accused No. 2 for allegedly supplying banned gutkha — Co-accused facing identical allegations was already granted bail by the High Court — Applicant had no prior criminal antecedents and all offences charged, except Section 123 of the BNS, were bailable — Considering principles of parity and the absence of any criminal background, Applicant was held enti India Law Library Docid # 2455677
(386) FAYYAZ RAFIQ QURESHI AND ANOTHER Vs. THE STATE OF MAHARASHTRA & ANR.[BOMBAY HIGH COURT] 12-10-2026 Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — Criminal Procedure Code, 1973 (CrPC) — Section 439 — Grant of bail — Allegation of fraud and misrepresentation — Petitioners sought cancellation of bail alleging that the accused obtained the order by misrepresenting payment of Rs. 33,50,000/- via RTGS and transfer of flat to the First Informant — Perusal of the bail application revealed that the accused had explicitly pleaded cash payment of Rs. 30,00,000 India Law Library Docid # 2455678
(387) ABDUL KADIR IBRAHIM MEMON AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 12-10-2026 Indian Forest Act, 1927 — Section 35(1) and 35(3) — Maharashtra Private Forests (Acquisition) Act, 1975 — Sections 2(f)(iii), 5 and 22A — Private Forest — "Pipeline notice" — Vesting in State — Notice under Section 35(3) of IFA was duly served upon the predecessor of the petitioner — State conducted an enquiry under Section 22A of MPFA, retained the subject land, and took possession in 1975 under Section 5 — Held, even if no notification was issued under Section 35(1) of IFA, the notice was a "l India Law Library Docid # 2455679
(388) STATE BANK OF INDIA AND ANOTHER Vs. AMUM BUILDERS[BOMBAY HIGH COURT] 12-10-2026 Transfer of Property Act, 1882 — Section 111(f) — Implied surrender of leasehold rights — Direct payment of rent by occupant to paramount lessor — Head lessee assigned rights down to subsequent entities through unregistered agreements, culminating in applicant bank's occupation — Applicant paid rent directly to original owner and his legal heir, and subsequently to respondent purchaser after verifying conveyance deed — Intermediate lessees asserted no rights — Direct payment of rent established India Law Library Docid # 2455681
(389) SHRI SANT TUKARAM SHIKSHAN SANSTHA Vs. SURESH POPAT THEURKAR AND OTHERS[BOMBAY HIGH COURT] 12-10-2026 Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 — Section 7 — Dispute regarding resignation — Voluntary nature vs. Coercion — Duty of School Tribunal — Tribunal allowed employee's appeal solely on non-compliance with procedural requirements under Section 7, holding resignation was neither sent by registered post nor submitted in own handwriting before Education Officer — Held, Tribunal failed to determine the primary factual dispute whether resignation was v India Law Library Docid # 2455682
(390) SUDHIR DALSUKHBHAI KOTADIYA AND ANOTHER Vs. DIRECTORATE OF ENFORCEMENT AND ANOTHER[BOMBAY HIGH COURT] 12-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 346 and Section 223(1) — Remand to judicial custody post-filing of prosecution complaint — Pre-cognizance stage — Special Court disposed of remand application and directed continuation of judicial custody under Section 346 of BNSS without taking cognizance of the offence — Validity — Power to remand is statutory and must be traceable to a specific provision of law — Section 346 of BNSS contemplates invocation only after cognizance is taken by th India Law Library Docid # 2455683
(391) M/S SYLVANIA & LAXMAN LTD. Vs. UOI[DELHI HIGH COURT] 12-10-2026 Civil Procedure Code, 1908 (CPC) — Order XLVII Rule 1 and Section 114 — Constitution of India, 1950 — Article 141 — Scope of Review — Non-consideration of binding precedents — Review was filed against an order imposing a condition that denied statutory interest on enhanced compensation due to delay in filing amendment applications. Held, review is maintainable when binding Supreme Court decisions directly governing the issue were not brought to notice or considered during the initial hearing. Th India Law Library Docid # 2455693
(392) ZUBAIR AHMED Vs. STATE GOVT. OF NCT OF DELHI AND ANR[DELHI HIGH COURT] 12-10-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 190 and 204 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 210 and 227 — Summoning of accused placed in Column No. 12 of charge-sheet — Requirement of speaking order — Magistrate is empowered to disagree with the police report and summon an accused placed in Column No. 12, but must pass a speaking order identifying prima facie material justifying departure from the investigative findings — Trial Court mechanically adopted allegations in comp India Law Library Docid # 2455694
(393) UNION OF INDIA Vs. SWADESHI CIVIL INFRASTRUCTURE PVT. LTD.[DELHI HIGH COURT] 12-10-2026 Arbitration and Conciliation Act, 1996 — Section 34 — Construction Contract — Early completion bonus — Interpretation of Clauses 2A and 5.2 — Petitioner challenged award granting bonus by factoring in extension granted under Clause 5.2 alongside Clause 5.3 — Held, Clause 5.2 merely bars contractor from claiming damages, not bonus — Force majeure provisions suspend timelines, resulting in extension of time without penalty — Contractual interpretation falls within Arbitral Tribunal's domain unless India Law Library Docid # 2455695
(394) MRS. MANJU VERMA AND OTHERS Vs. SH. ATTAR SINGH[DELHI HIGH COURT] 12-10-2026 Protection of Women from Domestic Violence Act, 2005 — Sections 2(s), 17 and 26 — Right of residence in shared household — Nature of right qua widowed daughter-in-law — Pure question of law can be raised in appeal under Section 26 — Premises where daughter-in-law resided with joint family constitutes shared household irrespective of absence of proprietary title in her or her husband — Death of husband does not extinguish her independent right of residence — Severance of family ties or public not India Law Library Docid # 2455696
(395) DEEPAK BEHL Vs. CHANDER DEV CHAWLA[DELHI HIGH COURT] 12-10-2026 Hindu Succession Act, 1956 — Devolution of interest — Suit for possession — Locus standi of co-owner — Plaintiff filed a suit for possession claiming ownership under a Will executed by his deceased father, which he failed to formally prove. Held, even dehors the Will, the suit property devolved upon the legal heirs under the Hindu Succession Act, 1956 upon the father's demise. The plaintiff, being the son of the deceased owner, succeeded to the property as a co-owner and possessed sufficient loc India Law Library Docid # 2455697
(396) ZUBAIR Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 12-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Arms Act, 1959 — Sections 25 and 27 — Regular bail — Forensic evidence contradicting prosecution case — FSL Ballistic Report — Allegation of firing at victim during theft — Firearm allegedly recovered at applicant's instance — FSL report established that evidence bullet extracted from victim did not match test-fired bullets from recovered pistol — Held, mismatch in forensic report significantly dilutes prima facie case against the accused India Law Library Docid # 2455698
(397) MOHD. ANIS KHAN AND OTHERS Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 12-10-2026 Penal Code, 1860 (IPC) — Sections 376 and 147 — Criminal Procedure Code, 1973 (CrPC) — Section 154 — Unexplained delay in lodging FIR — Incident of alleged gang rape occurred on 17.10.1983, but FIR was lodged after six days on 23.10.1983 — Complainant claimed fear and obstruction of passage, but admitted her father-in-law visited the police station the next morning and the main accused was arrested earlier — Unjustified and inordinate delay in setting the criminal law into motion, despite availa India Law Library Docid # 2455706
(398) SMT. SUDHA TOMAR Vs. SMT. SHAKUNTALA DEVI[ALLAHABAD HIGH COURT] 12-10-2026 Hindu Minority and Guardianship Act, 1956 — Section 6(a) — Guardians and Wards Act, 1890 — Sections 7 and 25 — Mother as Natural Guardian — Custody of child of tender age — Father deceased — Mother is the natural guardian entitled to custody — Her custody can be denied only under recognized legal exceptions, such as remarriage to a stranger or living a demonstrably immoral life — Neither an alleged unproved compromise nor a purported will by the deceased father excluding the mother can override India Law Library Docid # 2455709
(399) SHANTANU SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 12-10-2026 Constitution of India, 1950 — Article 226 — Commercial Law — Retail Outlet Dealership — Letter of Intent — Legitimate Expectation — Although a Letter of Intent is not a concluded contract or a firm offer, it constitutes a positive representation that an agreement would be executed upon fulfilling prescribed conditions — Where the applicant complies with stringent development conditions involving substantial expenditure and the advertisement is subsequently cancelled due to the corporation's own India Law Library Docid # 2455720
(400) DR. HIMANSHU MOHAN AND ANOTHER Vs. CHANCELLOR LKO. UNIVERSITY. LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 12-10-2026 U.P. State Universities Act, 1973 — Section 50(6) — Lucknow University First Statutes, Statutes 11.03.01, 11.03.04(A), and 11.03.04(G) — UGC Regulations, 2010 — Appointment of Associate Professor in Business Administration — Specific provision prevails over general provision — Pursuant to UGC Regulations, 2010 incorporated into the First Statutes under Section 50(6), Statute 11.03.04(G) specifically governs appointments in Management and Business Administration — Specific criteria in Statute 11. India Law Library Docid # 2455728