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(721) ABDUL QAYOOM @BITTU Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 06-10-2026
Constitution of India — Article 22(5) — Preventive Detention — Unexplained delay in deciding representation — Detenue submitted representation which was received on 28.01.2025, but rejected on 19.06.2025 after a delay of nearly five months — No satisfactory explanation provided for the prolonged delay — Article 22(5) mandates prompt and expeditious consideration of a detenue's representation — Unexplained and inordinate delay in disposing of the representation infringes constitutional safeguards
India Law Library Docid # 2454953

(722) GUMMALA VIJAYA LAKSHMI Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-10-2026
Preventive Detention — Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986, Section 3(2) — Territorial jurisdiction — Offence registered outside local limits — Detaining authority considered six crimes, including one registered in another district — Held, crimes registered outside territorial jurisdiction can be considered, but the detaining authority must record specific subjective satisfactio
India Law Library Docid # 2454957

(723) ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION Vs. BANDARU DURGA KANAKA DURGA AND OTHERS[ANDHRA PRADESH HIGH COURT] 06-10-2026
Motor Vehicles Act, 1988 — Section 166 — Rash and negligent driving — Proof — Pedestrian knocked down while crossing road — Registration of FIR and filing of charge-sheet under Section 304-A IPC against bus driver — Eye-witness testimony corroborated by police investigation — Corporation's plea that deceased was in a drunken state was not pleaded in the written statement and lacked supporting evidence — In absence of acceptable rebuttal evidence, charge-sheet and consistent testimony conclusivel
India Law Library Docid # 2454967

(724) MANGAL MUNDA Vs. UNION OF INDIA[JHARKHAND HIGH COURT] 06-10-2026
Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Constitution of India — Article 21 — Regular Bail — Prolonged Incarceration — Balancing personal liberty with national security — Held, in prosecutions implicating State sovereignty, integrity, or national security, delay in trial does not operate as an automatic trump card displacing the statutory bar under Section 43-D(5) — Delay triggers heightened judicial scrutiny requiring a contextual balance between personal liberty and socie
India Law Library Docid # 2454994

(725) GIRRAJ PRASAD SHARMA Vs. LIBRARY OFFICER AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-10-2026
Constitution of India — Article 226 — Industrial Disputes Act, 1947 — Scope of writ jurisdiction against Labour Court awards — The High Court exercising writ jurisdiction cannot sit in appeal over findings of fact rendered by the Labour Court or reappreciate evidence — Findings of fact recorded by a fact-finding authority are ordinarily final — Interference is warranted only when such findings are perverse, based on no evidence, or disclose a jurisdictional error — A finding based on relevant ma
India Law Library Docid # 2455042

(726) HEMANT KUMAR @ GOLU Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-10-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 430 — Code of Criminal Procedure, 1973 — Section 389 — Suspension of sentence pending appeal — Scope of appellate jurisdiction — Settled principle that at the stage of considering suspension of sentence, the Appellate Court should not meticulously reappreciate evidence or seek out lacunae in the prosecution case — Presumption of innocence ceases once the accused is convicted after trial — Court must consider the seriousness of the offence, the n
India Law Library Docid # 2455053

(727) MANNALAL @ MUNNALAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 06-10-2026
Code of Criminal Procedure, 1973 — Section 389(1) — Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) and 13(2) — Stay of conviction — Public servant convicted of corruption charges — Power of appellate Court to stay conviction is to be exercised only in rare and exceptional circumstances — Where a public servant stands convicted under the Prevention of Corruption Act, the Court should ordinarily refrain from staying conviction during pendency of appeal, even if sentence has been suspend
India Law Library Docid # 2455064

(728) LIFE INSURANCE CORPORATION OF INDIA Vs. N.S. ASSOCIATES PVT. LTD[DELHI HIGH COURT] 06-10-2026
Limitation Act, 1963 — Section 5 — Condonation of Delay — Commercial Appeal — Delay of 692 days in filing appeal against order under Section 34 of Arbitration and Conciliation Act, 1996 — Single Judge held Sole Arbitrator de jure ineligible but set aside award only partially — Appellant bona fide pursued an application under Sections 151 and 152 CPC seeking correction or modification of the operative portion to set aside the award entirely — Upon dismissal of application, appeal preferred within
India Law Library Docid # 2455092

(729) ANITA DEVI Vs. UNION OF INDIA[DELHI HIGH COURT] 06-10-2026
Railways Act, 1989 — Section 2(29) and Section 124-A — Claim for compensation — Bona fide passenger — Burden of proof — A valid journey ticket was recovered from the person of the deceased and recorded in inquest proceedings — Tribunal dismissed the claim holding that recovery of the ticket did not establish actual travel or accidental fall — Held, a dispute regarding the manner of the accident cannot render the recovered ticket irrelevant for determining bona fide passenger status — Once the in
India Law Library Docid # 2455094

(730) SWARAJ CHOPRA Vs. SHANTI DEVI[DELHI HIGH COURT] 06-10-2026
Transfer of Property Act, 1882 — Section 54 — Registration Act, 1908 — Section 17 — Agreement to Sell does not confer title — Suit for specific performance — Plaintiff claimed ownership based on an Agreement to Sell, GPA, Will, and possession letter — Held, an agreement to sell immovable property does not, of itself, create any interest or title in such property, which can only be transferred by a registered conveyance deed — Furthermore, as the vendor had subsequently relinquished his share in
India Law Library Docid # 2455100

(731) SANJEEV SINGHAL Vs. SHEFALI VARMA[DELHI HIGH COURT] 06-10-2026
Arbitration and Conciliation Act, 1996 — Section 34 — Scope of Interference — Patent Illegality — Fundamental Policy of Indian Law — Court exercising supervisory jurisdiction does not sit in appeal and cannot reappreciate evidence or substitute its own interpretation of contractual terms — Arbitral tribunal's plausible and reasoned interpretation of a contract cannot be interfered with merely because an alternate interpretation is possible — Arbitrator duly considered the evidence and pleadings
India Law Library Docid # 2455104

(732) VICKY @ VIKKY Vs. STATE (GOVT. OF NCT OF DELHI) & ANR.[DELHI HIGH COURT] 06-10-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Protection of Children from Sexual Offences Act, 2012 — Sections 6 and 21 — Indian Penal Code, 1860 — Sections 363, 368, 376, 328 and 34 — Grant of regular bail — Romantic relationship — Accused aged 20 years and prosecutrix aged 14 years were involved in a consensual love affair evidenced by social media posts — In her initial Section 161 CrPC statement, prosecutrix stated she left home voluntarily following maternal scolding and had no c
India Law Library Docid # 2455106

(733) SHAKEEL QURESHI AND ORS. Vs. RASHID QURESHI AND ORS.[DELHI HIGH COURT] 06-10-2026
Civil Procedure Code, 1908 (CPC) — Order 7 Rule 10 and Order 39 Rules 1 and 2 — Jurisdiction — Priority of deciding jurisdictional competence before considering interim relief — Defendants raised preliminary objection that territorial jurisdiction was ousted by an exclusionary clause in a Memorandum of Understanding (MoU) — Held, rendering a decision on the merits of an interim injunction without first determining the court's competence would amount to an illegal assumption of jurisdiction — The
India Law Library Docid # 2455107

(734) SACHIN KUMAR DEWANGAN Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 06-10-2026
Criminal Law — Hostile Witnesses — Reliability of Police Witnesses — Search and Seizure — Independent witnesses turned hostile and denied witnessing the trap and seizure — However, witnesses admitted their signatures on all procedural documents including search memos, seizure memos, and arrest memo — Defense failed to show their signatures were obtained under force or misrepresentation — Held, testimony of official witnesses cannot be discarded merely due to hostility or non-corroboration of ind
India Law Library Docid # 2455111

(735) NARENDRA PAL BARMAN Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 06-10-2026
Service Law — Police Recruitment — Candidature and Appointment — Disclosure of Criminal Antecedents — Effect of disclosure — Petitioner waitlisted for the post of Constable (GD) disclosed two pending criminal cases in his attestation form, while the State asserted pendency of ten cases — Held, mere truthful disclosure of criminal cases or pendency of trial does not confer an absolute or indefeasible right to seek appointment, nor can the employer be compelled to appoint the candidate — The emplo
India Law Library Docid # 2455117

(736) AMAR SINGH KANWAR AND ANOTHER Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 06-10-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 497(1) — Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 36-C, 60(3) and 63 — Interim custody of vehicle seized under NDPS Act — Maintainability — By virtue of Section 36-C of the NDPS Act, the provisions of the Code of Criminal Procedure and corresponding BNSS apply to proceedings before the Special Court — Interim custody of a vehicle seized for transporting narcotics can be granted under Section 497(1) of BNSS pending trial —
India Law Library Docid # 2455120

(737) CHHATTAR SINGH Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 06-10-2026
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8(b) and 20(a)(i) — Cultivation of cannabis plant — Essential ingredients — Meaning of "cultivate" — Cultivation is the sine qua non for conviction under Section 20(a)(i) — The expression "cultivate any cannabis plant" encompasses any conscious act of planting, tilling, raising, growing, farming, or gardening — Essence of the offence lies in the conscious act of planting and nurturing the prohibited plant — Mere presence of plants o
India Law Library Docid # 2455126

(738) SMT. SUNITA NETAM WD/O LATE R K NETAM AGED ABOUT 50 YEARS R/O VILLAGE KANIDABRI, POLICE STATION ARJUNI, DISTRICT DHAMTARI CHHATTISGARH Vs. STATE OF CHHATTISGARH THROUGH INSPECTOR, STATE ECONOMIC CRIME INVESTIGATION BUREAU, RAIPUR, CHHATTISGARH[CHHATTISGARH HIGH COURT] 06-10-2026
Prevention of Corruption Act, 1988 — Section 13(1)(d) read with Section 13(2) — Criminal misconduct by public servant — Ingredients — Distinction between procedural lapse and criminal misconduct — Appellant Sub-Registrar registered sale deeds based on foreign Power of Attorney allegedly lacking proper stamp duty — Held, an administrative or procedural lapse, or failure to perform duties with due scrutiny, cannot by itself attract Section 13(1)(d) without proof of corrupt or illegal means, abuse
India Law Library Docid # 2455127

(739) BRIJMOHAN AGRAWAL (DIED THROUGH LRS) AND ANOTHER Vs. TANVEER SINGH SIKH[CHHATTISGARH HIGH COURT] 06-10-2026
Negotiable Instruments Act, 1881 — Sections 118, 138 and 139 — Presumption in favour of holder — Rebuttal on preponderance of probabilities — Shifting of onus — Presumptions under Sections 118(a) and 139 are rebuttable by raising a probable defence. Where the accused established through the complainant's cross-examination that the complainant possessed neither ownership nor dealership of the tractor and agricultural implements allegedly sold, the presumption stood rebutted. The burden shifted ba
India Law Library Docid # 2455131

(740) LEGEND DISTILLERIES PVT. LTD. AND OTHERS Vs. STATE OF CHHATTISGARH AND OTHERS[CHHATTISGARH HIGH COURT] 06-10-2026
Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Alternative statutory remedy — Exercise of extraordinary jurisdiction — Rule of exhaustion of alternative remedy is a matter of judicial discretion and not an absolute compulsion — Writ jurisdiction may be exercised where orders suffer from lack of legal basis, non-consideration of essential contractual provisions, or where petitions have been entertained, pleadings exchanged, and legal questions arise on admitted fac
India Law Library Docid # 2455133

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