(381) OM VITHAL COOPERATIVE HOUSING SOCIETY LIMITED Vs. TRILOGY INFRA PRIVATE LIMITED[BOMBAY HIGH COURT] 20-08-2026 Arbitration and Conciliation Act, 1996 — Section 9 — Redevelopment of Housing Society — Developer vs. Society Rights — Injunction against termination — Developer failed to obtain timely approvals, complete construction, and pay monthly rent to society members despite time extension — Held, developer's commercial interest in earning profits through redevelopment contracts is subservient to the right of society members to have safe and reconstructed homes — Pending arbitration, project cannot be k India Law Library Docid # 2450180
(382) MOHD. ASGAR @ TOLA Vs. UT OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Jammu and Kashmir Public Safety Act, 1978 — Section 8(1)(a) — Preventive detention — Maintenance of public order — Distinction between "law and order" and "public order" — Detaining authority relied on eight FIRs registered over twenty years — Most cases resulted in acquittal, clearance during investigation, or related to private family disputes — None of the alleged acts disturbed the even tempo of community life — Law and order issues or private disputes cannot be equated with public order — P India Law Library Docid # 2450287
(383) STATE (NOW UT) OF J&K Vs. SHOWKET HUSSAIN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Ranbir Penal Code, 1989 — Sections 366, 376 and 109 — Abduction and Rape — Appeal against acquittal — Prosecution alleged that prosecutrix was abducted from market, forcibly transported to Rajouri, and subjected to rape in a hotel — High Court noted serious discrepancies and contradictions in prosecutrix's testimony and evidence on record — Delay of two days in lodging FIR remained unexplained — Absence of independent witnesses to alleged abduction — Findings of Trial Court acquitting accused he India Law Library Docid # 2450306
(384) MS. X Vs. U.T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Constitution of India, 1950 — Article 21 — Medical Termination of Pregnancy Act, 1971 — Section 3 — Reproductive choice and bodily integrity — Major victim of sexual assault carrying 20-week pregnancy sought termination — Anguish caused by pregnancy resulting from rape is statutorily presumed to cause grave injury to mental health — Medical Board opined petitioner was physically and mentally fit for the procedure — Held, reproductive choice is an integral facet of personal liberty under Article India Law Library Docid # 2450307
(385) CHAIRMAN, LAKES AND WATERWAYS DEVELOPMENT AUTHORITY (LAWDA), SRINAGAR AND OTHERS Vs. GHULAM NABI KRAIPAK AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 20-08-2026 Jammu and Kashmir Arbitration and Conciliation Act, 1997 — Section 43 — Jammu and Kashmir Limitation Act — Section 14 — Limitation for arbitral claim — Exclusion of time — Respondent bona fide pursued writ petition and intra-court appeal before filing civil suit where reference to arbitration was made — Benefit of Section 14 of Limitation Act is applicable to arbitration proceedings — Furthermore, where appellants voluntarily applied for reference to arbitration in civil suit, they are precluded India Law Library Docid # 2450308
(386) KARNAIL SINGH Vs. RAHUL SINGH SAMBYAL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 and Section 197 — Indian Penal Code, 1860 — Sections 504 and 506 — Prosecution of public servant — Requirement of prior sanction — Petitioner, an investigating police officer, was accused in a private complaint of abusing and threatening an advocate during a telephonic conversation concerning an ongoing investigation — Magistrate took cognizance without prior sanction — Held, the alleged acts were intrinsically connected to the official duties o India Law Library Docid # 2450309
(387) AYOOB HUSSAIN AND ANOTHER Vs. TAHASILDAR AND OTHERS[KERALA HIGH COURT] 20-08-2026 Kerala Land Utilisation Order, 1967 — Clause 6 — Constitution of India, 1950 — Article 226 — Missing administrative files — Binding nature of judicial directions — Predecessor filed application under Clause 6 KLU Order — High Court in earlier writ petition issued positive direction to grant permission based on report of Agricultural Officer — Favorable reports were submitted — State pleaded that consequential order was dispatched but file was missing and record of whether application was allowed India Law Library Docid # 2450333
(388) SHANKHPAL NAMDEO Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2026 Constitution of India, 1950 — Article 226 — Scope of Certiorari Jurisdiction — Supervisory nature — Re-appreciation of evidence — Petitioner challenged cancellation of his appointment as Gram Rojgar Sahayak — High Court held that jurisdiction under Article 226 while issuing a writ of certiorari is supervisory, not appellate — Writ court cannot re-weigh evidence or substitute its view for that of a competent fact-finding authority — Findings of fact are immune from interference unless perverse or India Law Library Docid # 2450511
(389) SITARAM AHIRWAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2026 Constitution of India, 1950 — Article 226 — M.P. Industrial Employment (Standing Orders) Act, 1961 — Standard Standing Orders — Status of permanent employee — Disputed factual questions — High Court in writ jurisdiction cannot declare contractual employees as permanent labourers or record a finding of continuous service exceeding 240 days in a calendar year without documentary evidence. The determination of permanent status under Standing Orders involves disputed questions of fact and falls stri India Law Library Docid # 2450512
(390) ANIL MADHAV CHINCHOLKAR Vs. THE CENTRAL BANK OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2026 Central Bank of India Employees' Pension Regulations, 1995 — Regulation 33 — Compulsory retirement — Reduction of pension — Mandatory requirement of prior consultation with Board of Directors — Petitioner compulsorily retired and granted two-thirds pension by General Manager — Bank failed to demonstrate prior consultation with Board of Directors — Held, Regulation 33(1) and 33(2) must be read conjointly — Prior consultation with Board is a mandatory statutory safeguard before curtailing pension India Law Library Docid # 2450515
(391) CHANDER KANTA AND OTHERS Vs. VIRENDER GUPTA[HIMACHAL PRADESH HIGH COURT] 20-08-2026 Civil Law — Co-sharers — Right to raise construction on joint property — Principles summarized — A co-owner cannot be restrained from raising construction on joint land merely on account of being a co-owner, unless the act amounts to ouster prejudicial to non-possessing co-owners, diminishes the utility or value of property, or causes material injury to their enjoyment. Injunction relief is discretionary and governed by principles of equity, justice, and balance of convenience. India Law Library Docid # 2450742
(392) KALE RAM Vs. STATE OF HP[HIMACHAL PRADESH HIGH COURT] 20-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 397 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 438 — Revisional Jurisdiction — Scope and Contours — Revisional court does not act as an appellate court and cannot re-appreciate evidence or substitute its conclusion on factual findings of lower courts — Interference is permissible only where lower court findings are perverse, grossly erroneous, glaringly unreasonable, based on no material, or omit relevant material, resulting in gross misca India Law Library Docid # 2450744
(393) PRADEEP THAKUR AND OTHERS Vs. STATE OF H.P. AND OTHERS[HIMACHAL PRADESH HIGH COURT] 20-08-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Indian Penal Code, 1860 — Sections 341, 323, 147, 149, 354, 506 and 447 — Quashing of cross-FIRs — Compromise between parties — Cross-FIRs were registered arising out of a land dispute between closely related parties residing in the same vicinity — Parties subsequently settled their dispute amicably and expressed no desire to prosecute — High Court held that continuing criminal proceedings would serve no fruitful purpose and quashed both F India Law Library Docid # 2450750
(394) DR. LABANGALATA BISOI Vs. STATE OF ODISHA AND ANOTHER[ORISSA HIGH COURT] 20-08-2026 Service Law — UGC Notification, 1998 — Career Advancement Scheme — Claim for Professor Scale of Pay — Eligibility vs. Entitlement — Appellants retired as Readers and claimed placement in the Professor scale of pay under the Career Advancement Scheme, alleging completion of eight years of service — Held, Paragraph 7.1.3 of the UGC Notification, 1998 only provides eligibility for consideration for appointment as a Professor and does not confer an automatic entitlement to the pay scale or promotion India Law Library Docid # 2450381
(395) RAMAKKA Vs. NARASIMHAMURTHY R AND OTHERS[KARNATAKA HIGH COURT] 20-08-2026 Motor Vehicles Act, 1988 — Section 2(34) and Section 147 — Liability of insurer — Scope of "Public Place" — Accident occurred in a private agricultural field when an insured vehicle entered to load wooden logs and struck the deceased while reversing — Tribunal exonerated the insurer holding that the accident occurred in a private place — Held, the definition of "public place" is wide and encompasses privately owned properties where members of the public have access, whether permissive or restric India Law Library Docid # 2451214
(396) M/S. ABHIRAM INFRA PROJECTS PRIVATE LIMITED Vs. THE COMMISSIONER, KARNATAKA SLUM DEVELOPMENT BOARD[KARNATAKA HIGH COURT] 20-08-2026 Arbitration and Conciliation Act, 1996 — Sections 32 and 33 — Correction of arbitral award — Termination of mandate — Arbitral Tribunal becomes functus officio upon passing a final award under Section 32, subject strictly to Sections 33 and 34(4) — Section 33 provides a mandatory 30-day window from receipt of the award for requesting corrections or for the tribunal to act suo motu — Such timeline is non-extendable absent an agreement between parties — Clarification issued by Arbitrator modifying India Law Library Docid # 2451215
(397) SMT. PRIYANKA V Vs. SRI. PRASHANTH D VEERAPUR[KARNATAKA HIGH COURT] 20-08-2026 Guardians and Wards Act, 1890 — Section 9 — Territorial jurisdiction — "Ordinarily resides" — Unilateral removal of minor — Minor child was residing with mother at Bengaluru when father took the child to Bagalkot and subsequently raised an objection to territorial jurisdiction — Held, the expression "ordinarily resides" cannot be equated with the place where the minor happens to be physically found or temporarily kept — A parent cannot unilaterally remove a minor to create jurisdiction or choose India Law Library Docid # 2451216
(398) THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER Vs. STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 20-08-2026 Bangalore Development Authority Act, 1976 — Section 27 — Lapsing of Scheme — Test of "substantial execution" — Assessment of entire Scheme versus individual parcels — Single Judge quashed acquisition holding the Scheme had lapsed under Section 27 as petitioner's land remained undeveloped — Held, Section 27 requires assessing substantial implementation of the development scheme as a whole, not parcel by parcel — A large-scale residential scheme cannot be dissected into isolated plots — Fact that India Law Library Docid # 2451217
(399) ABDUL JABBAR Vs. MR. SACHIN AND ANOTHER[KARNATAKA HIGH COURT] 20-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483(3) — Cancellation of bail vs setting aside bail — Denial of hearing to victim's next of kin — Sessions Court granted regular bail in a mob lynching case without issuing notice to next of kin, violating Supreme Court guidelines — Setting aside bail addresses illegality or arbitrariness, while cancellation requires supervening circumstances — High Court refused to cancel bail as charge sh India Law Library Docid # 2451218
(400) SMT SHEELA S Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 20-08-2026 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Section 23 — Transfer of property — Inconsistent stands and finality of civil adjudication — Senior citizen initially instituted a civil suit challenging a gift deed alleging fraud and lack of voluntary execution — Suit was dismissed on merits upholding the deed's validity — Senior citizen subsequently invoked Section 23 asserting that the deed was voluntarily executed subject to a condition of maintenance — Held, a party cannot India Law Library Docid # 2451219