(421) SHEELA DEVI Vs. SATISH KUMAR AND OTHERS[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of interference — Principles reiterated — An accused is presumed innocent until proven guilty, and an order of acquittal reinforces that presumption — Appellate court can interfere with a judgment of acquittal only when it is impossible, perverse, wholly unsustainable, or manifestly illegal — Where two reasonable conclusions are possible on the evidence adduced, the view favourable to the accused must be adopte India Law Library Docid # 2456146
(422) RAMAN KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Criminal Procedure Code, 1973 (CrPC) — Framing of Charge — Scope of Inquiry — Roving inquiry or mini-trial impermissible — Court is only required to determine whether a prima facie case exists from the charge-sheet, FIR, witness statements, and medical evidence — Meticulous sifting of evidence and determination of probative value cannot be undertaken at the stage of framing charges — Court needs only to form an opinion that the accused might have committed the offence, unlike the proof beyond re India Law Library Docid # 2456147
(423) LAKHVIR SINGH Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 397 — Revisional jurisdiction of High Court — Scope and limits — Revisional court does not act as an appellate court and cannot re-appreciate oral or documentary evidence or substitute its own conclusions for concurrent factual findings of lower courts — Supervisory jurisdiction is restricted to satisfying itself about correctness, legality, or propriety of orders — Interference is permissible only where findings are perverse, grossly erroneous, unt India Law Library Docid # 2456148
(424) LOKESH KUMAR BHERWA Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21, 29 and 37 — Bail — Intermediate quantity — Heroin (chitta) — Recovery of 9 grams of heroin from accused — Charge-sheet filed — Held, the contraband recovered falls within the intermediate quantity — Rigors of Section 37 of the NDPS Act do not apply stricto sensu with the same vigour — Trial likely to take time — Pre-trial incarceration is generally loathed by Courts — Bail India Law Library Docid # 2456149
(425) RAKESH KUMAR AND OTHERS Vs. STATE OF HIMACHAL PRADESH & OTHERS[HIMACHAL PRADESH HIGH COURT] 12-10-2026 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 30(1) and 30(3) — Direct purchase through negotiation — Entitlement to solatium — Land acquired via direct purchase following negotiation rather than formal award under the Act — Approval of negotiated rates was specifically conditioned upon complying with mandatory provisions of the 2013 Act — Having granted solatium for structures standing on the land, respondents cannot blow ho India Law Library Docid # 2456156
(426) KALAMURI NIRANJAN @ NIRANJAN AND ANOTHER Vs. THE STATE OF TELANGANA AND ANOTHER[TELANGANA HIGH COURT] 12-10-2026 Bharatiya Nyaya Sanhita, 2023 — Section 108 read with Section 45 — Abetment of suicide — Essential ingredients — Requisite intention and instigation — Deceased committed suicide following his pregnant wife's death — Allegations that petitioners, acting as elders in a panchayat, insulted, threatened, and demanded money from deceased — Held, offence of abetment requires establishing requisite intention and instigation viewed in entirety — Mere harassment or quarrel does not necessarily establish a India Law Library Docid # 2456202
(427) STATE OF JAMMU & KASHMIR Vs. ASHWANI KUMAR[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-10-2026 Ranbir Penal Code, 1989 — Section 302 — Murder — Appreciation of evidence — Proof of homicidal death alone is insufficient to establish guilt without cogent evidence linking the accused to the crime — Eyewitnesses turned hostile or resiled during cross-examination, creating serious doubts about their presence and the identity of assailants — Unexplained four-day delay in recording statements of alleged natural eyewitnesses, coupled with their unnatural conduct of neither reporting the crime nor India Law Library Docid # 2456170
(428) RAJAT KUMAR Vs. U. T. OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-10-2026 Criminal Procedure / BNSS — Anticipatory Bail — Direct approach to High Court without exhausting concurrent remedy before Sessions Court — Scheme provides concurrent jurisdiction to High Court and Court of Session for entertaining anticipatory bail applications — High Court should encourage exhausting remedy before Sessions Court first — Departure permissible only under special and compelling circumstances — Mere assertion that petitioner is residing outside Union Territory does not constitute a India Law Library Docid # 2456179
(429) RAJINDER KUMAR Vs. GEETA DEVI[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-10-2026 Limitation Act, 1963 — Section 5 — Civil Procedure Code, 1908 (CPC) — Order XLI Rule 19 — Condonation of delay in seeking restoration of appeal — Default or inaction of counsel — Appeal dismissed for non-prosecution with a delay of 409 days in seeking restoration — Appellant contended that counsel failed to inform him regarding progress of the case — Litigants in civil matters reasonably depend upon their advocates after handing over the brief — An innocent party should not be made to suffer inj India Law Library Docid # 2456181
(430) RENU MAHAJAN Vs. ACHAL SETHI, SECRETARY TO GOVERNMENT AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 12-10-2026 Contempt of Courts Act, 1971 — Compliance of judgment — Promotion and Seniority — Writ court quashed seniority list and directed redraw showing petitioner at position 1 and private respondent at position 2 in Category-D (Legal Assistant) with consequential promotional benefits — Respondents complied by re-fixing seniority, modifying promotion dates retrospectively, releasing salary arrears, and revising pension — Petitioner's claim for retrospective promotion to the post of Additional Secretary India Law Library Docid # 2456188
(431) S.BABU Vs. THE STATE REPRESENTED BY ITS[MADRAS HIGH COURT] 12-10-2026 Tamil Nadu Suspension of Sentence Rules, 1982 — Rule 35 — Grant of ordinary leave — Bar on ground of pending criminal proceedings — Prisoner's application for ordinary leave was rejected citing pending case under Section 224 of Indian Penal Code — Trial court decided the case and sentenced petitioner to two months imprisonment, which was already served out — Bar under Rule 35 ceased to operate upon disposal of the case and serving of sentence — Rejection on ground of pendency of proceedings held India Law Library Docid # 2456286
(432) S.MANIKANDAN Vs. THE REGISTRAR OF CO-OPERATIVE SOCIETIES[MADRAS HIGH COURT] 12-10-2026 Service Law — Compassionate Appointment — Rejection of claim — Validity — Petitioner's father served the respondent Co-operative Society for over 20 years until his death — Petitioner's application for compassionate appointment was rejected on the ground that the deceased was appointed without Employment Exchange sponsorship under Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988, and was not regularised — Held, compassionate appointment is an exception to public employment requiring India Law Library Docid # 2456288
(433) THE COMMISSIONER OF GST & CENTRAL EXCISE, CHENNAI SOUTH COMMISSIONERATE Vs. M/S. ASCENDAS IT PARK (CHENNAI) LTD[MADRAS HIGH COURT] 12-10-2026 CENVAT Credit Rules, 2004 — Rule 6(5) — Finance Act, 1994 — Section 65(105)(zzg) — Availment of CENVAT credit on input services — Assessee provided both taxable Management, Maintenance and Repair Services and exempted Renting of Immovable Property Services without maintaining separate accounts — Rule 6(5) allows credit of entire service tax paid on specified services unless used exclusively for exempted goods or services — Since input credit was used for both taxable and exempt services and not India Law Library Docid # 2456290
(434) GIRIJA AND ANOTHER Vs. JOHN PANNEERSELVAM AND ANOTHER[MADRAS HIGH COURT (MADURAI BENCH)] 12-10-2026 Benami Transactions — Suit for partition — Joint purchase by husband and wife — Plea of benami / name lender — Burden of proof — Husband contended that the wife was merely a name lender and contributed no consideration towards purchase or construction — Wife admitted in cross-examination that her name was included solely because she was his wife — An admission is the best evidence against the maker — Husband successfully discharged the initial onus to prove that the transaction was benami, estab India Law Library Docid # 2456295
(435) STATE OF GUJARAT Vs. BHULABHAI KODARBHAI PATEL[GUJARAT HIGH COURT] 12-10-2026 Penal Code, 1860 (IPC) — Sections 498A, 306, and 107 — Abetment of suicide and cruelty — Acquittal upheld — Deceased and her minor son were found drowned in a well — Allegations of cruelty and harassment due to husband's drinking habits and demand for money — Prosecution failed to establish any monetary demand or consequent harassment — No evidence produced to show what transpired between deceased leaving parental home and discovery of bodies seven months later — Absence of direct or indirect ev India Law Library Docid # 2456332
(436) M/S JAMNADAS HEMRAJ KANJI FIRM Vs. M/S KUBER TITLES WORK FIRM[GUJARAT HIGH COURT] 12-10-2026 Civil Procedure Code, 1908 (CPC) — Order 23 Rule 3 — Compromise of suit — Family settlement — Unilateral withdrawal of consent and doctrine of estoppel — Parties entered into a registered Memorandum of Understanding (MoU) to resolve property disputes and filed a joint application for a consent decree — Defendant subsequently sought to withdraw consent after reaping partial benefits under the settlement, including withdrawal of civil suits and dismissal of revenue proceedings against him — Held, India Law Library Docid # 2456336
(437) PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), AHMEDABAD Vs. MAHALAXMI INFRACONTRACT LTD.[GUJARAT HIGH COURT] 12-10-2026 Income Tax Act, 1961 — Section 32(1) — Income-tax Rules, 1962 — Appendix I, Item III(2)(ii) — Depreciation on commercial motor vehicles — Dumpers and tippers used in composite mining contracts — Assessee undertook excavation, handling, and transportation of overburden and minerals under contracts awarded by mine owners — Assessing Officer restricted depreciation to 15%, denying higher rate of 30% — Held, transportation of minerals and overburden belonging to third-party mine owners formed an int India Law Library Docid # 2456312
(438) SHOBHANABEN WD/O MANHARLAL MAGANLAL DESAI AND ORS. Vs. STATE OF GUJARAT AND ORS.[GUJARAT HIGH COURT] 12-10-2026 Penal Code, 1860 (IPC) — Sections 415 and 420 — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Cheating — Breach of contract — Distinction — Agreement to sell executed, advance consideration accepted, but property subsequently sold to a third party — Essential ingredient of cheating under Section 415 is culpable intent existing at the very inception of transaction — Failure to perform promise later or subsequent alienation does not retrospectively establish fraudulent intention at time of India Law Library Docid # 2456317
(439) STATE OF GUJARAT Vs. RAMESHBHAI KANUBHAI BARIYA AND OTHERS[GUJARAT HIGH COURT] 12-10-2026 Penal Code, 1860 (IPC) — Section 302 — Medical evidence — Homicidal death versus accidental fall — Post-mortem examination revealed severe skull fracture and lacerations on the head — Medical Officer opined that death was caused by excessive haemorrhage resulting from head injuries — Doctor admitted in cross-examination that such injuries could possibly result from an accidental fall — Held, a hypothetical possibility elicited during cross-examination cannot displace the categorical expert opini India Law Library Docid # 2456323
(440) CHALLA PRASANNA KUMAR AND ANOTHER Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 12-10-2026 Constitution of India, 1950 — Article 226 — Welfare Schemes — NTR Videshi Vidyadharana Scheme — Non-release of sanctioned scholarship amount for higher education abroad — Petitioner was selected for financial assistance of Rs. 10,00,000/- under G.O.Rt No.174 dated 07.12.2017 read with G.O.Ms.No.29 dated 27.08.2016, but respondents failed to disburse the funds — State submitted that the claim would be processed if conditions were satisfied — High Court directed the respondents to examine petition India Law Library Docid # 2456361