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(101) ABU NASER GHARAMI AND ORS. Vs. THE STATE OF WEST BENGAL AND ORS.[CALCUTTA HIGH COURT] 09-10-2026
Constitution of India, 1950 — Articles 19(1)(a), 19(1)(b) and 226 — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Indian Penal Code, 1860 — Sections 141, 143, 145, 147 and 149 — Peaceful protest — Right to assemble without arms and voice grievances is constitutionally guaranteed — Large assembly of demonstrators shouting slogans does not per se constitute an unlawful assembly unless the common object falls within the five categories enumerated under Section 141 IPC — Mere protest and rais
India Law Library Docid # 2455391

(102) PRATAP KUMAR SAHA Vs. THE STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 09-10-2026
Service Law — Recruitment / Selection Examination — Answer Key Dispute — 2nd State Level Selection Test (SLST) — Petitioner missed qualifying mark by one mark and challenged Question No. 4 in 'D' series booklet claiming option 'C' was correct instead of model answer key's option 'B' — Subject experts considered objection and concurred with model answer key — Held, model answer key was uniformly applied to all candidates and cannot be departed from merely because candidate relies on textbooks sup
India Law Library Docid # 2455392

(103) SAYANTAN CHAKRABORTY AND ORS. Vs. STATE OF WEST BENGAL AND ANR.[CALCUTTA HIGH COURT] 09-10-2026
Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498A, 406 and 34 — Dowry Prohibition Act, 1961 — Section 4 — Quashing of criminal proceedings — Matrimonial dispute — Parties separated within six months of marriage due to irreconcilable differences — Wife lodged complaint alleging cruelty after husband initiated matrimonial litigation — Case diary revealed that the allegations were general in nature and lacked specific details — None of the ingredients required to
India Law Library Docid # 2455393

(104) DEEPAK BISHT Vs. RADHA BISHT AND ANOTHER[UTTARAKHAND HIGH COURT] 09-10-2026
Criminal Procedure Code, 1973 — Section 125 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 144 — Transfer of maintenance proceedings — Permanent physical disability — Applicant suffered from 70% permanent physical disability, severely restricting mobility and causing acute hardship in travelling through steep roads to Family Court in Nainital — Transferee court at Haldwani situated in plains and easily accessible — Fact of physical disability not disputed — Interest of justice and convenie
India Law Library Docid # 2455467

(105) BABITA DEVI Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 09-10-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 480(1), First Proviso — Bharatiya Nyaya Sanhita, 2023 — Sections 318(4), 336(3), 338, 340(2) and 61(2) — Grant of bail to a woman — Applicant implicated in cheating and forgery offences triable by Magistrate — Charge-sheet already submitted — Applicant was an illiterate married woman, mother of two children, lacking criminal antecedents, and languishing in custody — Held, the applicant is entitled to the statutory privilege and benefit under the
India Law Library Docid # 2455496

(106) NIRMAL RANI Vs. HARI MOHAN RASTOGI AND OTHERS[UTTARAKHAND HIGH COURT] 09-10-2026
Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Real question in controversy — Governing principle — Application by defendant to amend written statement — Held, the primary condition that must be satisfied before any amendment can be granted is whether such amendment is necessary for determining the real question in controversy between the parties — If this fundamental condition is not satisfied, the court cannot exercise its discretion to allow the amendment, regar
India Law Library Docid # 2455508

(107) KHYALI DATT PANDEY Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 09-10-2026
Service Law — Officiating Post — Claim for Arrears of Salary — Petitioner, working as a Lecturer, assumed charge as Officiating Principal in a Government-aided Intermediate College and sought arrears of salary for the post of Principal from the date of assuming charge until grant of regular pay scale — Reliance placed on Supreme Court and High Court precedents granting parity of pay to officiating incumbents — State opposed citing non-consideration of amended statutory regulations — Matter remit
India Law Library Docid # 2455520

(108) TRILOK SINGH Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 09-10-2026
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Protection of Women from Domestic Violence Act, 2005 — Quashing of maintenance order based on settlement — Applicant challenged orders directing payment of monthly maintenance of ?20,000/- to respondent-wife — During pendency of proceedings, parties entered into a comprehensive settlement agreement — Applicant paid ?57 lakhs to the wife and ?5 lakhs to the son as a full and final one-time settlement towards all monetary claims, including maint
India Law Library Docid # 2455532

(109) PRIYANKA JAGURI Vs. VISHWANATH PRASAD JAGURI[UTTARAKHAND HIGH COURT] 09-10-2026
Civil Procedure Code, 1908 (CPC) — Section 24 — Uttarakhand Uniform Civil Code — Sections 21 and 25 — Transfer of matrimonial proceedings — Balance of convenience — Wife sought transfer of divorce petition from Uttarkashi to Dehradun — Wife resided and worked in Dehradun, cared for ailing parents, and had already instituted restitution of conjugal rights proceedings there — Traveling 180 kilometers in hilly terrain posed significant hardship — Witnesses also resided in Dehradun — Held, convenien
India Law Library Docid # 2455545

(110) BIKASH CHANDRA DAS AND OTHERS Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 09-10-2026
Prevention of Money Laundering Act, 2002 — Sections 5, 8 and 71 — Scope of administrative request by Enforcement Directorate — Refusal of registration — Property purchased with prior permission of trial Court to pay compensation to depositors — Enforcement Directorate issued administrative communication requesting registering authority not to alter ownership status — Held, an administrative letter cannot be elevated to the status of a statutory provisional attachment order under Section 5 or con
India Law Library Docid # 2455561

(111) NEHA GOVIND RAO @ NEHA SINGH Vs. SHIVENDRA PRATAP RAO[PATNA HIGH COURT] 09-10-2026
Hindu Marriage Act, 1955 — Section 13(1)(i-a) — Dissolution of marriage — Grounds of cruelty — Reciprocal cruelty — Parties lived separately for a prolonged period, and both conceded that the marriage was irretrievably broken with no mutual affection or prospect of reconciliation — Held, while the High Court cannot dissolve a marriage solely on the ground of irretrievable breakdown, an absolute absence of adjustment where neither party is willing to cohabit constitutes reciprocal cruelty — Condu
India Law Library Docid # 2455639

(112) DINESH MAHESHWARI @ DINESH Vs. STATE OF BIHAR[PATNA HIGH COURT] 09-10-2026
Penal Code, 1860 (IPC) — Sections 406, 419, 420 and 120B — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of cognizance — Breach of agreement to sell — Civil dispute given criminal colour — Agreement for sale of land was executed and partial consideration was received, but the petitioner failed to execute the sale deed — Complainant instituted a complaint case as well as a title suit for specific performance of contract — Dispute arising out of non-execution of a sale deed is pure
India Law Library Docid # 2455642

(113) BAL MUKUND MALAKAR AND ANOTHER Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 09-10-2026
Penal Code, 1860 (IPC) — Section 304-B — Evidence Act, 1872 — Section 113-B — Dowry death — Invocation of statutory presumption — Foundational facts — Mere occurrence of death within seven years of marriage in matrimonial home does not automatically trigger presumption under Section 113-B of the Evidence Act — Prosecution must independently establish that soon before death, the deceased was subjected to cruelty or harassment in connection with dowry demands — Allegations against in-laws were col
India Law Library Docid # 2455648

(114) M/S DAMODAR DAS GOPAL DAS BUSINESS AND OTHERS Vs. RAJENDRA KUMAR AGRAWAL AND OTHERS[ALLAHABAD HIGH COURT] 09-10-2026
Constitution of India, 1950 — Articles 226 and 227 — Code of Civil Procedure, 1908 — Order XXIII Rule 1 — Supervisory jurisdiction — Withdrawal of proceedings — Principles applicable — A litigant cannot ordinarily be compelled to continue a proceeding it no longer wishes to prosecute. Although withdrawal cannot be used to defeat a right accrued to the opposite party, withdrawing a challenge against an existing adjudication does not nullify or reverse that adjudication. The impugned orders and ri
India Law Library Docid # 2455719

(115) SMT. SHASHI Vs. SMT. SONA DEVI AND ANOTHER[ALLAHABAD HIGH COURT] 09-10-2026
Indian Succession Act, 1925 — Section 372 — Succession certificate — Scope and jurisdiction — Entitlement to family pension and service benefits — Trial Court erred in determining entitlement to family pension and retiral benefits merely on the basis of legal heirship — Succession certificate under Part X principally concerns debts and securities — Rights arising independently by operation of statutory rules do not form part of the estate of the deceased — Entitlement cannot be decided by court
India Law Library Docid # 2455721

(116) BARIK AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 09-10-2026
Penal Code, 1860 (IPC) — Sections 302, 307 and 34 — Code of Criminal Procedure, 1973 — Section 154 and 174 — Ante-timed FIR and defective investigation — Credibility of injured eyewitnesses — Mere fact that an FIR is ante-timed, inquest reports contain unexplained alterations, or investigation is flawed does not warrant acquittal where direct eyewitness testimony is reliable. Injured eyewitnesses carry inherent credibility due to bodily injuries received during the incident, supported by medical
India Law Library Docid # 2455723

(117) RAMDEV AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 09-10-2026
Criminal Law — Circumstantial Evidence — "Last Seen" Theory — Indian Penal Code, 1860, Section 302 — Conviction cannot rest solely on last seen circumstance where an extensive time gap exists between when the deceased was last seen alive and the discovery of the body — Deceased last seen with accused on 14.12.2002, but body recovered on 18.01.2003 — Long interval of over a month without continuous custody or association, combined with material contradictions in witness testimonies regarding disc
India Law Library Docid # 2455734

(118) THE UNION OF INDIA AND OTHERS Vs. SHRI CHANDAN RAI[GAUHATI HIGH COURT] 09-10-2026
Central Reserve Police Force Act, 1949 — Disciplinary Proceedings — Disagreement with Enquiry Officer — Violation of Natural Justice — Enquiry Officer exonerated delinquent of charge of securing appointment via fake certificate — Disciplinary Authority obtained independent Board opinion behind delinquent's back and dismissed him without furnishing reasons for disagreement — Held, delinquent must be given fair opportunity to meet, explain, and controvert adverse findings — Failure to communicate
India Law Library Docid # 2455744

(119) JIAUR RAHMAN Vs. THE STATE OF ASSAM AND ANR[GAUHATI HIGH COURT] 09-10-2026
Penal Code, 1860 (IPC) — Section 302 — Evidence Act, 1872 — Section 134 — Sole eyewitness — Test of reliability — Major contradictions — Murder of minor child — Conviction based solely on testimony of victim's mother (PW-8) — PW-8 initially deposed seeing appellant strangulate the child while co-accused restrained her, causing her to faint — In subsequent cross-examination, she reversed her stand, admitting co-accused were absent, and gave contradictory versions about searching for the child — H
India Law Library Docid # 2455745

(120) CHINGAKHAM BASANTA @ KHAMBATON Vs. NATIONAL INVESTIGATION AGENCY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI[MANIPUR HIGH COURT] 09-10-2026
Unlawful Activities (Prevention) Act, 1967 — Section 43D(5) — Statutory restriction on bail — Applicable legal test — Special Court rejected bail holding that a "prima facie case" existed against appellant under Chapter IV of UAPA — Held, Special Court applied an incorrect test — Plain language of proviso to Section 43D(5) requires the Court to form an opinion whether there are reasonable grounds for believing that accusation against accused is "prima facie true", and not whether a "prima facie
India Law Library Docid # 2455784

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