(421) JAGAN Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 19-08-2026 Penal Code, 1860 (IPC) — Section 304 — Evidentiary value of dying declaration — Presence of family members during recording — Credibility — Prosecution relied on a dying declaration recorded by a Magistrate — Eyewitness evidence revealed that relatives were present at the time the declaration was recorded — Presence of family members before or during recording creates a strong possibility of tutoring — A dying declaration recorded under such circumstances is rendered doubtful and cannot form the India Law Library Docid # 2450778
(422) ROHIT SINGH Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 19-08-2026 Penal Code, 1860 — Sections 147, 148, 302/149 — Conflict between ocular and medical evidence — Eyewitnesses testified that accused assaulted deceased with iron rods — Earliest medical report recorded injuries by hard, blunt object — Postmortem report subsequently established bullet entry and exit wounds — Unexplained irreconcilable divergence between eyewitness account and postmortem findings goes to the root of the prosecution case — Medical evidence contradicted the manner of assault and weapo India Law Library Docid # 2450779
(423) AMIT KUMAR SINGH @ SONU Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 19-08-2026 Uttar Pradesh Police Regulations — Regulations 228, 229, 232 & 240 — Opening of Class-B History-Sheet — Requirement of subjective satisfaction and application of mind — Rubber-stamp approval — Petitioner, a practising advocate, was subjected to a Class-B history-sheet based on old cases resulting in acquittals and one minor cross-case — SSP approved proposal by affixing a rubber stamp — Held, Class-B history-sheets are meant for confirmed professional criminals incapable of reform — Non-applicat India Law Library Docid # 2450780
(424) JADA POLURAJU @ PANDU Vs. STATE OF AP[ANDHRA PRADESH HIGH COURT] 19-08-2026 Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial evidence — Solitary sleeping victim attacked with concrete stone on head — Witnesses present nearby heard victim's cry and immediately saw accused fleeing from the scene — Medical evidence confirmed death due to shock and hemorrhage resulting from severe head injuries and skull fractures — Prior quarrel between accused and deceased established motive — Chain of circumstantial evidence established complete link pointing solely to the India Law Library Docid # 2449788
(425) KAILASH CHAND SHAKYA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 19-08-2026 Service Law — Annual Increment — Retirement on 31st December — Increment falling due on 1st January — Petitioner retired on 31.12.2021 and was denied annual increment due on 01.01.2022 — Held, annual increment is granted for service already rendered upon completing the requisite length of service — Entitlement to receive the benefit crystallises on completion of the year's service — An employee cannot be denied increment merely because he retired one day prior to the date on which the increment India Law Library Docid # 2450713
(426) K.A. MALLE PHARMACEUTICALS LIMITED Vs. MSTC LIMITED[CALCUTTA HIGH COURT] 19-08-2026 Arbitration and Conciliation Act, 1996 — Section 36(2) and 36(3) — Execution of Arbitral Award — Application for unconditional stay — Scope of judicial power — Held, apart from cases where the making of the arbitral award is induced or affected by fraud or corruption, an unconditional stay of a money award can be granted only in exceptional cases where the award is shown to be egregiously perverse, riddled with patent illegalities, or facially untenable — At the Section 36(3) stage, the court co India Law Library Docid # 2450635
(427) ANU DAS Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 19-08-2026 Service Law — Promotion to post of Supervisor — Challenge to selection process — Acquiescence and Estoppel — Petitioner participated in written examination and viva voce without any protest or objection — Government had approved the selection procedure involving written test and viva voce in supersession of earlier guidelines — A candidate who voluntarily participates in a selection process without objection cannot subsequently turn around and challenge the methodology or selection criteria upon India Law Library Docid # 2450575
(428) SHANKARBHAI ALIAS KAVAN MANHARBHAI PATEL AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 19-08-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Essential ingredients — Public view and caste status — To attract Section 3(1)(x), the complaint must specifically allege that the accused is not a member of a Scheduled Caste or Scheduled Tribe and intentionally insulted or intimidated the complainant within public view. Where these basic ingredients are completely missing in the F India Law Library Docid # 2450449
(429) STATE OF GUJARAT Vs. PRABHUBHAI PUJABHAI NAT AND OTHERS[GUJARAT HIGH COURT] 19-08-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 42(2), 50, 55 and 57 — Search and Seizure — Mandatory Requirements — Search of passenger in luxury bus conducted by police constables who were not authorized officers under the Act — Failure to inform accused of his statutory right under Section 50 to be searched in the presence of a Gazetted Officer or Magistrate — Mandatory procedure under Section 42(2) regarding forwarding written information or reports to immediate official supe India Law Library Docid # 2450484
(430) LOONCHAND DHANRAJ HUF Vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 5(3)[GUJARAT HIGH COURT] 19-08-2026 Income Tax Act, 1961 — Sections 147 and 148 — Reopening of assessment — Change of opinion — Scrutiny assessment completed under Section 143(3) — Reassessment notice issued under Section 148 alleging bogus capital loss on share transactions after stock split — Issue was specifically examined during original assessment proceedings after notice under Section 142(1) — Held, reassessment on the self-same issue already considered during scrutiny assessment amounts to a mere change of opinion — Reopeni India Law Library Docid # 2450492
(431) BHAVESHBHAI BHIMJIBHAI SAVANI Vs. THE INCOME TAX OFFICER WARD 1(3)(6)[GUJARAT HIGH COURT] 19-08-2026 Income Tax Act, 1961 — Sections 147 and 148 — Reopening of assessment — Notice issued to partner alleging failure to offer alleged interest on capital and remuneration from partnership firm as income — Partnership deed amended mutually agreeing that no interest or remuneration was payable to partners — Held, enabling clauses in a partnership deed providing for payment of interest and remuneration are discretionary and not mandatory — Assessee did not actually receive any such income — In absence India Law Library Docid # 2450496
(432) MOTHER INDIA CONSTRUCTION Vs. UNION OF INDIA[CALCUTTA HIGH COURT] 19-08-2026 Arbitration and Conciliation Act, 1996 — Section 11(6) and Section 12(5) read with Seventh Schedule — Contract Agreement — Appointment of Arbitrator — Ineligibility of Railway Officer — Petitioner invoked arbitration clause under Railway Contract — General Manager of South Eastern Railway, being an officer and employee of the respondent, is rendered ineligible under Section 12(5) to act as or appoint an arbitrator — Failure of contractual appointment mechanism warranted exercise of High Court's India Law Library Docid # 2450657
(433) ASHOK JAISWAL Vs. AMALENDU KUMAR NANDI[CALCUTTA HIGH COURT] 19-08-2026 West Bengal Premises Tenancy Act, 1997 — Section 2(g) — Definition of "Tenant" — Financial Dependency and Residence — Spouse claiming legal tenancy after death of original tenant must prove financial dependency and that he ordinarily resided at suit premises with original tenant — "Dependent" must be construed primarily in a financial context — Spouse admitting to running independent business and holding official documents/voting record at a different address fails to meet requirements of Sectio India Law Library Docid # 2450675
(434) M/S NAWANSHAHR POWER PRIVATE LIMITED Vs. SUJINDER PAL SINGH ARORA, GENERAL MANAGER, NAWANSHAHR COOPERATIVE SUGAR MILL[PUNJAB AND HARYANA HIGH COURT] 19-08-2026 Arbitration and Conciliation Act, 1996 — Section 17 & Section 27(5) — Contempt of Courts Act, 1971 — Section 12 — Non-compliance with interim order passed by Arbitral Tribunal — Maintainability of direct contempt petition before High Court — Petitioner filed a contempt petition under Section 12 of the 1971 Act alleging deliberate disobedience of an interim order passed under Section 17 of the 1996 Act by the Sole Arbitrator — Held, a direct contempt petition before the High Court is premature an India Law Library Docid # 2450219
(435) TRUHOME FINANCE LIMITED Vs. LD. CHIEF JUDICIAL MAGISTRATE LUDHIANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 19-08-2026 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Section 14 — Constitution of India, 1950 — Articles 226 and 227 — Application for physical possession — Inaction by Magistrate — Financial Institution sought writ directions due to inaction by Chief Judicial Magistrate in deciding application under Section 14 pending beyond statutory timeframe — Account declared NPA after default and borrower failed to comply with Section 13(2) demand notice — India Law Library Docid # 2450220
(436) VIJAY KUMAR AND OTHERS Vs. JAI SINGH AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 19-08-2026 Motor Vehicles Act, 1988 — Section 163-A — Fatal road accident — Compensation — Deceased sustained fatal injuries in an accident involving a motorcycle — Claimants filed petition under Section 163-A — Tribunal assessed monthly income at Rs. 3,000/- as per Second Schedule and awarded Rs. 5,00,000/- with interest at 9% per annum — Vehicle owner and driver held liable, and insurer ordered to indemnify — On appeal by claimants seeking enhancement, Tribunal's determination of compensation and liabili India Law Library Docid # 2450221
(437) UNION OF INDIA AND OTHERS Vs. LT COL DALJINDER SINGH (RETD.) AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 19-08-2026 Armed Forces Pension — Disability Pension — Presumption of attributability — Entitlement Rules for Casualty Pensionary Awards, 1982 — Respondent was medically fit at enrolment into military service but developed disability during service — Medical Board assessed disability at 30% for life but opined it was neither attributable to nor aggravated by service without cogent reasons — Held, under Rules 5 and 9, an individual fit at enrolment is presumed to have contracted the disability due to milita India Law Library Docid # 2450222
(438) SHAILENDRA KUMAR MISHRA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-08-2026 Service Law — Recruitment — Cancellation of Selection Process — Arbitrary Action — University cancelled entire recruitment process for Class-III and Class-IV posts after written exam results were declared — Cancellation based on vague complaints and query letters from EOW/Lokayukta without any finding of systemic fraud or mass-scale irregularity — Executive Council failed to record cogent reasons — Held, though selectees do not have an indefeasible right to appointment, the decision to cancel a India Law Library Docid # 2450519
(439) SHAILENDRA KUMAR MISHRA AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 19-08-2026 Constitution of India, 1950 — Article 226 — Public Employment — Recruitment Process — Cancellation of selection process — Validity — Respondent University initiated recruitment for Class-III and Class-IV posts — Selection list declared — Executive Council cancelled entire recruitment process citing complaints and pending inquiries by Economic Offences Wing and Lokayukta — Scrutiny Committee report contained no finding of systemic irregularity, mass malpractice, or manipulation — Held, cancellati India Law Library Docid # 2450521
(440) RANJITBHAI MANSINGBHAI ZADA Vs. HARIBHAI THAKARSINH AND OTHERS[GUJARAT HIGH COURT] 19-08-2026 Penal Code, 1860 (IPC) — Sections 302, 304 Part I, 326, 324 — Right of Private Defence — Medical Evidence vs. Ocular Testimony — Accused Nos. 1 and 2 were charged with murder; trial court convicted them under Section 304 Part I — Record established that complainant party were aggressors who arrived at accused's house armed — Accused acted in self-defence using domestic tools — Ocular claim that Accused No. 2 used a spade was explicitly contradicted by post-mortem doctor — Conviction of Accused N India Law Library Docid # 2450431