(401) ORIENTAL INSURANCE COMPANY LTD. Vs. SUBHAM JYOTI KALITA[GAUHATI HIGH COURT] 12-10-2026 Motor Vehicles Act, 1988 — Sections 166 and 168 — Compensation — Quantum — Addition towards future prospects — Deceased was 51 years of age at the time of the fatal motor vehicle accident — Claims Tribunal added 15% of the deceased's actual salary towards future prospects — Insurance company challenged the addition — Held, as per the Supreme Court judgment in National Insurance Company Limited v. Pranay Sethi, where the deceased is aged between 50 to 60 years, an addition of 15% of the actual sa India Law Library Docid # 2455741
(402) SAPAMCHA JADUMANI Vs. STATE OF MANIPUR[MANIPUR HIGH COURT] 12-10-2026 Constitution of India, 1950 — Article 226 — Writ of Certiorari vs. Writ of Declaration — Challenge to legislative measure — Subordinate legislation — Petitioner challenged the definition of 'Indigenous Person' in Manipur Inner Line Permit (Amendment) Guidelines, 2022 by seeking a writ of certiorari against the Gazette Notification — Relying on Prabodh Verma v. State of U.P., Held, a writ of certiorari is inappropriate to challenge the constitutional validity of an enactment or subordinate legisl India Law Library Docid # 2455785
(403) BRYAN KHONGDIR AND ANOTHER Vs. STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 12-10-2026 Victim Compensation and Rehabilitation — Compliance proceedings — DLSA and District Child Protection Officer submitted compliance reports regarding victim assistance — Final compensation of ?1,50,000 recommended by Victim Compensation Committee, pending approval from State Legal Services Authority — Support person appointed to facilitate access to welfare schemes and issuance of essential identity documents including Birth Certificates, Aadhaar, and ST certificates for the survivor and her child India Law Library Docid # 2455797
(404) CHAVAN DHARMENDAR AND OTHERS Vs. THE STATE OF TELANGANA AND OTHERS[SUPREME COURT OF INDIA] 12-10-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(q) — Quashing of criminal proceedings — Bank officials accused of caste-based discrimination and offences under the Act for declaring loan accounts of MSME enterprise as Non-Performing Assets (NPAs) and failing to extend rehabilitation packages — Non-compliance with Reserve Bank of India (RBI) guidelines and circulars regarding revival/rehabilitation of MSMEs cannot give rise to criminal prosecution merely India Law Library Docid # 2455812
(405) YOGESH Vs. PORWAL FEB TAX THROUGH OWNER/AUTHORISED REPRESENTATIVE AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-10-2026 Arbitration and Conciliation Act, 1996 — Section 34 and Section 36 — Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of arbitral award — Maintainability of objections under Section 47 CPC — Petitioner challenged executability of an ex-parte award claiming he was not the proprietor of the judgment-debtor firm and had received no notice of arbitration — Held, objections against an arbitral award in execution proceedings under Section 47 CPC lie only within a narrow compass where the awar India Law Library Docid # 2456029
(406) SUKHCHAND AND OTHERS Vs. CHITRU @ CHITRANJAN AND OTHERS[MADHYA PRADESH HIGH COURT] 12-10-2026 Motor Vehicles Act, 1988 — Sections 166, 168 and 169 — Nature of proceedings and standard of proof — Inquiry before Claims Tribunal — MV Act is a welfare legislation designed to provide just compensation — Proceedings are summary in nature and strict rules of pleadings do not apply — Tribunals must avoid conducting proceedings like regular civil suits and should actively utilize powers under Section 165 of the Evidence Act — Standard of proof required is preponderance of probabilities, not proof India Law Library Docid # 2456031
(407) PRAVIN GEHLOT Vs. UJJAIN DEVELOPMENT AUTHORITY AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 12-10-2026 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 and 2 — Grant of temporary injunction — Essential ingredients — Conduct of parties — Equitable relief — Discretionary power to grant temporary injunction requires establishing a prima facie case, balance of convenience, and irreparable loss — In addition to these three core tests, the conduct of the party seeking equitable relief is highly material — Where a suspended employee suppressed facts regarding the cancellation of quarter allotment, al India Law Library Docid # 2456039
(408) MUNSHILAL TEKAM Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 12-10-2026 Service Law — Transfer — Incidence of Service — Vested Right — Challenge to transfer order and rejection of representation — Held, transfer is an ordinary incidence and essential condition of service — An employee holding a transferable post has no vested, indefeasible, or legally enforceable right to remain posted at a station of choice — Administrative authorities are best suited to decide postings in public interest and administrative exigencies — In the absence of an operative stay, a public India Law Library Docid # 2456056
(409) CHARAN SINGH (DECEASED) THROUGH LRS AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Civil Procedure Code, 1908 (CPC) — Revision Petition — Restoration after dismissal for default — Revision petition dismissed for non-prosecution was restored to its original number vide order dated 17.12.2024. Subsequently, the authority overlooked the previous restoration order and again proceeded to dismiss the restoration application on the ground of inordinate delay. Held, once an application for recalling was allowed and the petition restored to its original number, the authority had no occ India Law Library Docid # 2456126
(410) JAGPAL SINGH Vs. HRTC AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Constitution of India, 1950 — Article 14 — Service Law — Parity in Contractual Appointment — Discriminatory exclusion — Petitioner was initially engaged as a commission agent for passenger booking and subsequently deployed as a Conductor for nearly seven years — Respondent-Corporation regularized/took over services of other identically situated booking agents as Conductors on contract basis after completion of six years of service pursuant to binding judicial directions, but rejected the petitio India Law Library Docid # 2456134
(411) GIAN CHAND CHAUHAN AND ANOTHER Vs. PRAMOD SOOD[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Civil Procedure Code, 1908 (CPC) — Order 43 Rule 1(r), Order 39 Rule 4 and Order 47 Rule 1 — Maintainability of appeal against interim injunction — Trial Court granted temporary injunction under Order 39 Rules 1 and 2 — Plaintiff subsequently moved an application under Order 39 Rule 4 read with Order 47 Rule 1 — Aggrieved defendants preferred an appeal under Order 43 Rule 1(r) — First Appellate Court dismissed the appeal as premature and not maintainable — Held, the pendency of a review applicat India Law Library Docid # 2456135
(412) INDER SINGH Vs. EXECUTIVE ENGINEER, HPSEB LTD. & ANR[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Employee's Compensation Act, 1923 — Section 22 and Section 30 — Indian Evidence Act, 1872 — Section 67 — Proof of Disability Certificate — Mere exhibition of a document does not amount to proof — Claimant alleged 43% permanent disability resulting from a fall during employment and tendered a disability certificate issued by a medical board — Claimant failed to examine any doctor or member of the medical board — Held, mere marking of an exhibit does not dispense with legal proof — Due to non-exam India Law Library Docid # 2456136
(413) M/S SUPER POWER STEELS Vs. THE HIMACHAL PRADESH TAX TRIBUNAL AND ANR.[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Himachal Pradesh Value Added Tax Act, 2005 — Section 48 read with Sections 45(2), 46(3) and 47(1) — Revisional jurisdiction of High Court — Maintainability of revision petition against order on rectification application — Revisional power under Section 48 can be exercised only against an order made by the Tribunal under Section 45(2) or Section 46(3) involving a question of law — Petition directed against an order passed by Tribunal rejecting a rectification application under Section 47(1) is no India Law Library Docid # 2456137
(414) SANJEEV MOHD. Vs. STATE OF HP AND OTHERS[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Service Law — Compassionate Appointment — Wrongful prevention from duty — Entitlement to back wages — Petitioner's compassionate appointment as Work Inspector was arbitrarily withdrawn, though similarly qualified persons were appointed — Petitioner was prevented from working despite available vacancies — Respondents contended petitioner ran a shop, while petitioner failed to plead or prove lack of gainful employment — Normal rule of full back wages under Deepali Gundu Surwase held inapplicable — India Law Library Docid # 2456138
(415) SAVITRI DEVI AND ANOTHER Vs. HPSEB[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Employee's Compensation Act, 1923 — Section 2(1)(n) read with Schedule II, Clause (ix) — Definition of "Workman" — Nature of duties — Deceased initially appointed as a T-mate was subsequently deployed and continuously functioning as a Peon in the office of the respondent-Board — Services regularized and deceased was drawing regular salary — Held, duties of a Peon in an administrative office cannot be equated with those of a T-mate engaged in setting up, maintaining, or repairing overhead electri India Law Library Docid # 2456139
(416) MAYA DEVI Vs. SHAM LAL[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Employee's Compensation Act, 1923 — Claim for compensation — Essential prerequisites — Conditions sine qua non — The establishment of an employer-employee relationship and proof that the accident arose out of and in the course of employment are sine qua non to claim compensation under the Act — In the absence of proof establishing both these fundamental conditions, a claim petition for compensation cannot be sustained against the alleged employer. India Law Library Docid # 2456141
(417) MADAN LAL RANA AND OTHERS Vs. STATE OF H.P AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Fundamental Rules — FR 22.1(a)(i) — Pay Fixation — Promotion involving duties of greater importance — Entitlement to increment — Petitioners were promoted to higher posts carrying duties of greater importance, but denied pay fixation benefit under FR 22.1(a)(i) on the ground that the promotion posts carried identical pay scales — High Court held that under FR 22.1(a)(i), when a government servant is promoted to a post carrying duties and responsibilities of greater importance, initial pay in the India Law Library Docid # 2456142
(418) KARAM CHAND AND ANOTHER Vs. STATE OF H.P. & ORS.[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Indian Evidence Act, 1872 — Sections 64, 65(e) and 60 — Admissibility of public documents and hearsay evidence — Application for producing demarcation report as additional evidence — Applicants placed an incomplete photocopy of a demarcation report on record — Held, under Section 65(e), where the original is a public document, only a certified copy is admissible as secondary evidence, completely barring photocopies — Furthermore, an incomplete report merely recording a party's own statements mad India Law Library Docid # 2456143
(419) LOKENDER SINGH Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20 — Appreciation of Evidence — Hostile witnesses and Sole testimony of police officials — Merely because independent seizure witnesses turn hostile does not invalidate the prosecution case. Evidence of hostile witnesses is not washed off the record. Conviction can be sustained on the reliable, credible, and corroborated testimony of police witnesses. Discrepancies relating to trivial details such as approximate distance, exact time, India Law Library Docid # 2456144
(420) STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR AND ANR.[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Penal Code, 1860 (IPC) — Sections 325, 326 and 34 — Evidence Act, 1872 — Section 27 — Voluntarily causing grievous hurt by dangerous weapons — Appreciation of evidence — Complainant and injured sustained grievous head injuries caused by sharp and blunt weapons following panchayat election rivalry — Consistent ocular testimonies of injured and eyewitnesses established that accused inflicted blows using 'Khukri' and 'Danda' — Version corroborated by medical records and recovery of weapons pursuant India Law Library Docid # 2456145