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(781) TOMCO KAMGAR UNION Vs. M/S. HINDUSTAN UNILEVER LIMITED[BOMBAY HIGH COURT] 06-10-2026
Industrial Disputes Act, 1947 — Section 36 — Representation of Workmen — Locus standi of subsequent Union — Maintainability of petition — Preliminary objection raised that writ petition was instituted by a Union that was not a party before the Industrial Tribunal — Held, a trade union is merely a representational vehicle to espouse collective grievances, and ultimate beneficiaries are the individual workers — A proceeding does not become incompetent merely because workers reorganize under a diff
India Law Library Docid # 2455272

(782) ROSE VILLA CO-OPERATIVE HOUSING SOCIETY LIMITED Vs. THE DISTRICT DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES MUMBAI CITY (3) AND ANOTHER[BOMBAY HIGH COURT] 06-10-2026
Insolvency and Bankruptcy Code, 2016 — Section 14 — Maharashtra Ownership Flats Act, 1963 — Section 11 — Unilateral Deemed Conveyance — Effect of CIRP and Moratorium — Competent Authority rejected housing society's application for deemed conveyance citing ongoing Corporate Insolvency Resolution Process against promoter — Held, statutory obligation of promoter to convey title under Section 11 is not suspended by moratorium under Section 14 of IBC — Upon sale of flats, promoter is divested of titl
India Law Library Docid # 2455273

(783) NUTAN SAYALI CO-OPERATIVE HOUSING SOCIETY LTD. Vs. THE STATE OF MAHARASHTRA AND ORS.[BOMBAY HIGH COURT] 06-10-2026
Maharashtra Co-operative Societies Act, 1960 — Sections 21A and 152 — De-registration vs Appeal against registration — Distinction in exercise of powers — De-registration under Section 21A is a drastic remedy that cannot be exercised casually or routinely. Parameters applicable to deciding an appeal against registration under Section 152 do not apply to Section 21A proceedings. The Minister acted with material irregularity in treating proceedings under Section 21A as an appeal against registrati
India Law Library Docid # 2455274

(784) SOHAN LAL Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 06-10-2026
Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Penal Code, 1860 (IPC) — Sections 279, 337, 338 and 304-A — Revisional Jurisdiction — Rash and negligent driving — Reappraisal of evidence — Revisional interference is permissible only upon showing grave perversity in concurrent findings. Driving a three-wheeler onto the extreme right of a busy highway to overtake, despite having ample space on the left, constitutes wanton, rash, and negligent conduct causing fatal collision. The defe
India Law Library Docid # 2455342

(785) DR. KAMAL SHARMA AND OTHERS Vs. STATE OF HIMACHAL PRADESH & ORS. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 06-10-2026
Service Law — Retiral Benefits — Leave Encashment — Non-payment citing financial crunch — Paucity of funds or financial constraints cannot be a valid defence or ground for an employer to deny or delay the release of admissible retiral benefits — Respondent-University admitted its liability towards leave encashment but pleaded lack of internal resources and inadequate government grants — Held, terminal benefits are not a bounty but a vested right earned by employees through long service — The emp
India Law Library Docid # 2455343

(786) SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 06-10-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21 and 29 — Grant of bail — Inadmissibility of co-accused disclosure statement — Petitioner arrested solely based on a statement made by a co-accused alleging joint purchase of heroin — No contraband was recovered from the petitioner's conscious or exclusive possession — Held, a disclosure statement made by a co-accused is inadmissible in law and cannot be used as confessional
India Law Library Docid # 2455367

(787) STATE OF KERALA AND OTHERS Vs. BHASKARAN. R.K. DIED AND OTHERS[KERALA HIGH COURT] 06-10-2026
Kerala Service Rules, Part III — Rules 119, 120 and 135 — Arrears of pension — Belated application — Scope of Government sanction — Deceased employee applied for pension ten years after retirement due to serious medical ailments — State denied arrears citing delay and forfeiture — Held, Rule 120 contains no absolute bar against granting pension arrears beyond three years, subject to special Government sanction — Rule 135 and Kerala Treasury Rules apply exclusively to cases where an already sanct
India Law Library Docid # 2455381

(788) THE KERALA STATE WAQF BOARD Vs. M.K. VENU AND OTHERS[KERALA HIGH COURT] 06-10-2026
Waqf Act, 1995 — Section 83(5) — Civil Procedure Code, 1908 (CPC) — Section 30 and Order XI Rule 1 — Applicability of discovery by interrogatories to Waqf Tribunal proceedings — Waqf Tribunal is deemed to be a civil court and possesses all powers exercisable by a civil court under CPC while trying a suit or executing a decree or order — Powers under Section 30 and Order XI Rule 1 are not confined strictly to regular suits — Waqf Tribunal has jurisdiction to entertain applications seeking leave t
India Law Library Docid # 2455382

(789) FRIENDS ENGINEERING CO-OPERATIVE SOCIETY LIMITED Vs. DIGHA SHANKARPUR DEVELOPMENT AUTHORITY[CALCUTTA HIGH COURT] 06-10-2026
Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Scope of interference — Re-appreciation of evidence — Extraneous material — Section 34 court set aside an arbitral award by re-evaluating an expert report and relying on documents not on the arbitral record — Held, a court under Section 34 does not sit in appeal and cannot substitute its own view for a plausible view of the tribunal — Setting aside an award on the vague premise of being "contrary to law and justice" without establishi
India Law Library Docid # 2455403

(790) SUBRATA HALDER Vs. STATE OF WEST BENGAL AND ORS.[CALCUTTA HIGH COURT] 06-10-2026
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Indian Penal Code, 1860 — Sections 420, 406, 448, 427, 506 and 120B — Quashing of criminal proceedings — Civil dispute given criminal cloak — Dispute arising from property transfer executed through registered General Power of Attorney and subsequent registered Sale Deed — Complainant alleged fraud and breach of trust by his advocate — Criminal law cannot be used as a pressure tactic or shortcut to adjudicate civil property disputes and contrac
India Law Library Docid # 2455404

(791) ASHOK KUMAR JAIN AND ANOTHER Vs. THE MUNICIPAL COMMISSIONER, KOLKATA MUNICIPAL CORPORATION AND OTHERS[CALCUTTA HIGH COURT] 06-10-2026
Constitution of India, 1950 — Articles 226 and 227 — Kolkata Municipal Corporation Act, 1980 — Section 415 — Maintainability of writ petition against Municipal Building Tribunal — Distinction between Civil Court and Statutory Tribunal — Quasi-judicial body — Municipal Building Tribunal is a statutory tribunal discharging quasi-judicial functions and is not an ordinary civil court under the Code of Civil Procedure — Exclusion of Article 226 jurisdiction laid down in Radhey Shyam applies strictly
India Law Library Docid # 2455405

(792) SWARNALI SAHA AND OTHERS Vs. DR. ANIRBAN KUNDU AND OTHERS[CALCUTTA HIGH COURT] 06-10-2026
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of criminal proceedings — Settlement in matrimonial dispute — Parties resolved their entire personal disputes arising from matrimonial discord out of court through mutual agreement — Joint applications filed seeking quashing of criminal trial, domestic violence case, and maintenance case — Held, where the dispute is predominantly private and personal, and parties have compromise
India Law Library Docid # 2455406

(793) SHYAM STEEL INDUSTRIES LTD. AND ANOTHER Vs. UNION OF INDIA & ORS.[CALCUTTA HIGH COURT] 06-10-2026
Competition Act, 2002 — Section 26(1) — Direction to Director General to investigate — Requirement of prima facie opinion — Direction under Section 26(1) is an administrative and preparatory step not visiting parties with civil consequences, requiring no detailed or reasoned adjudicatory order — Where the Competition Commission convened a meeting, held detailed deliberations on receiving a High Court order, and resolved to register a suo motu case directing the Director General to investigate, t
India Law Library Docid # 2455408

(794) SMT. BASANA BALLA MONDAL Vs. JYOTISH CH. MONDAL[CALCUTTA HIGH COURT] 06-10-2026
Registration Act, 1908 — Sections 23 and 47 — Priority of registered documents — Relation back to date of execution — Plaintiff's sale deed was executed earlier but registered later, within the four-month statutory period under Section 23 — Defendant's deed was executed and registered subsequently — Held, under Section 47, a document upon registration operates from the date of execution, not registration — Prior executed deed prevails over subsequent deed — Furthermore, no explanation is require
India Law Library Docid # 2455409

(795) PRIYANKA BIRLA Vs. KARAN DHINGRA[UTTARAKHAND HIGH COURT] 06-10-2026
Criminal Procedure Code, 1973 (CrPC) — Section 125 — Enhancement of maintenance — Revision against Family Court's order — Revisionist-wife challenged the award of Rs. 15,000/- per month and sought enhancement — High Court noted that at the time of filing the application, the respondent-husband had a gross salary of Rs. 69,680/- per month and was serving as an ADO — Considering the respondent's income and status, the Court found it just and equitable to enhance the maintenance to Rs. 20,000/- per
India Law Library Docid # 2455464

(796) M/S CORBETT KYARI JUNGLE RESORT Vs. STATE TAX OFFICER, STATE GOODS & SERVICES TAX, RAMNAGAR[UTTARAKHAND HIGH COURT] 06-10-2026
Central Goods and Services Tax Act, 2017 / Uttarakhand Goods and Services Tax Act, 2017 — Sections 73 and 75(4) — Personal Hearing — Mandatory Requirement — Show-cause notice issued under Section 73 failed to fix any date for personal hearing — Adverse order passed against the petitioner — Held, Section 75(4) statutorily mandates granting an opportunity of hearing — Omission to fix a date for personal hearing in the notice or to afford such hearing prior to passing the order amounts to a clear v
India Law Library Docid # 2455465

(797) OM PRAKASH AHUJA Vs. BOARD OF REVENUE UTTARAKHAND[UTTARAKHAND HIGH COURT] 06-10-2026
Mutation proceedings Nature and effect of mutation — Law is well settled that mutation of name in revenue records neither creates nor extinguishes title — Section 40-A provides that orders passed under mutation provisions do not bar any suit in a competent court for relief based on a right in a holding — Question of title cannot be decided in mutation proceedings and remedy lies in filing a regular suit before a competent court — High Court declined to interfere with order upholding restoration
India Law Library Docid # 2455466

(798) MADHUSUDAN PAINULY AND OTHERS Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION AND OTHERS[UTTARAKHAND HIGH COURT] 06-10-2026
Service Law — Recruitment — Qualification criteria — Technical Education — Conformity with AICTE Norms — Petitioners challenged selection advertisement for the post of Polytechnic Lecturer, alleging the prescribed eligibility qualification was contrary to AICTE notifications — During pendency of the petition, the State Government amended the offending service rules to bring them in line with AICTE guidelines, including the requirement of a post-graduation degree — Held, since the rules were amen
India Law Library Docid # 2455468

(799) STATE OF UTTARAKHAND AND OTHERS Vs. SMT. SHARDA ARYA AND OTHERS[UTTARAKHAND HIGH COURT] 06-10-2026
Limitation Act, 1963 — Section 5 — Condonation of delay — Special Appeal — Condonation of 591 days' delay in preferring special appeal — Counsel for the private respondents raised no objection to the condonation of delay — Delay condonation application allowed and delay condoned — Office directed to allot a regular number to the appeal.
India Law Library Docid # 2455469

(800) TULSI DEVI AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 06-10-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Code of Criminal Procedure, 1973 — Section 482 — Quashing of criminal proceedings — Principle of parity — Charge-sheet, summoning order, and proceedings challenged under Sections 420, 465, 467, 468, 471, 406, 409, and 120-B of IPC arising out of alleged misappropriation of funds in a Mini Bank — Charge-sheet against similarly situated co-accused arising from the self-same FIR had already been quashed by a coordinate bench — Said order had
India Law Library Docid # 2455470

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