ive
(21) SURENDRA SINGH PARMAR (DEAD) THROUGH LRS SMT. RAMRATI AND OTHERS Vs. SONU PARMAR AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 08-10-2026 Motor Vehicles Act, 1988 — Sections 166 and 140 — Standard of proof — Discrepancy in medical record — Claim petition was dismissed by the Tribunal solely relying on a medical entry recording injury due to a fall from a tractor, despite contemporaneous police records, FIR, charge-sheet, and vehicle seizure documents implicating the insured tanker — Held, proceedings under the Act are summary and decided on preponderance of probabilities — Medical history recorded during emergency treatment cannot India Law Library Docid # 2455186
(22) ASHUTOSH KEDIA Vs. SMT. PALAK[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-10-2026 Hindu Marriage Act, 1955 — Section 13B(2) — Divorce by mutual consent — Statutory cooling-off period of six months — Directory in nature — Object of cooling-off period is to prevent hurried decisions and allow reconciliation, not to perpetuate a purposeless marriage when reunion is impossible — Court possesses discretion to waive the statutory six-month period if parties have been living separately, mediation efforts have failed, issues regarding alimony and custody are genuinely settled, and th India Law Library Docid # 2455194
(23) VIRENDRA JAIN Vs. STATE OF M.P.[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-10-2026 Bharatiya Nyaya Sanhita, 2023 — Sections 100, 105 and 106 — Culpable homicide vs. Causing death by negligence — Wall collapse during debris removal leading to death of four labourers — Applicant booked under Section 105 — Culpable homicide requires a positive act by the accused as distinguished from mere silence, inaction, or lapse — Prosecution alleged failure to take proper care, but conceded absence of any positive act by applicant causing the incident — Definition of culpable homicide under India Law Library Docid # 2455195
(24) APURWA SHARMA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 08-10-2026 Service Law — Recruitment to Primary Teacher — Essential Qualification — Madhya Pradesh School Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018, Schedule III — Disqualification of B.Ed. degree holder — Petitioner possessing B.Ed. qualification challenged her exclusion from selection for the post of Primary Teacher — Held, B.Ed. cannot be treated as an essential or eligible qualification for primary school teachers — D.El.Ed. qualification imparts unique pedagogic India Law Library Docid # 2455203
(25) BRIJ LAL AND OTHERS Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Code of Criminal Procedure, 1973 (CrPC) — Sections 107 and 117 — Nature and scope of preventive proceedings — Distinction from punitive proceedings — Proceedings under Sections 107 and 117 CrPC are preventive in character, aimed at preventing breach of peace and repetition of similar incidents, whereas registration of an FIR and filing of a charge-sheet in respect of a criminal offence are punitive in nature, aimed at punishing the offender — The objective and purpose of preventive proceedings u India Law Library Docid # 2454939
(26) RAJ SHARMA (BHARTI) Vs. COLLECTOR LAND ACQUISITION AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 J&K Land Acquisition Act, Svt. 1990 — Section 18 — Constitution of India — Article 19(1)(f) and Constitutional Right to Property — Exchange of alternate land in lieu of cash compensation — Obligation to deliver actual physical possession — The predecessor-in-interest of appellants opted for alternate land, but physical possession of 4 kanals was never delivered due to Army occupation — Held, an acquisition award is not satisfied until complete physical possession of all allotted land is delivere India Law Library Docid # 2454950
(27) ROMELU RAM Vs. UT OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Jammu & Kashmir Public Safety Act, 1978 — Section 8 — Preventive detention — Grounds of detention — Lack of material and non-application of mind — Petitioner was branded as an overground worker of banned outfits and a history sheeter without any criminal case ever registered against him or any specific outfit identified — Dossier merely relied upon two preventive proceedings under Section 129 of BNSS without any final order under Section 136, and two hearsay daily diary entries — Detention based India Law Library Docid # 2454951
(28) ROHIT SHARMA AND OTHERS Vs. UNION TERRITORY OF J AND K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Criminal Procedure Code, 1973 — Sections 156(3), 397(2) and 482 — Revisional bar — Maintainability of petition under Section 482 — Order directing police investigation under Section 156(3) CrPC is an interlocutory order against which a revision petition is barred under Section 397(2) CrPC — Accused has no right of hearing at that stage — However, where the order is alleged to have been passed without jurisdiction or in disregard of mandatory legal requirements, inherent powers under Section 482 India Law Library Docid # 2454917
(29) ANKUSH SHARMA Vs. U. T. OF J&K AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 07-10-2026 Ranbir Penal Code, 1989 — Section 471 — Using as genuine a forged document — Essential ingredients — To constitute an offence under Section 471, the prosecution must establish that the document is forged, that the accused used it as genuine, that the accused knew or had reason to believe it was forged, and that the accused used it fraudulently or dishonestly — Mere production of a fake document without establishing that the accused possessed the requisite knowledge or reason to believe it was fo India Law Library Docid # 2454928
(30) VIDHYA RAM AND ANOTHER Vs. UNION OF INDIA[DELHI HIGH COURT] 07-10-2026 Limitation Act, 1963 — Section 5 — Railway Claims Tribunal Act, 1987 — Section 23 — Condonation of delay — Beneficial legislation — Delay of 210 days in filing appeal — Appellants were poor and illiterate persons from an economically weaker section who suffered paucity of funds to obtain timely legal advice — Held, considering the beneficial nature of the legislation and the economic hardships faced by the claimants, a liberal approach must be adopted — Appellants successfully established suffic India Law Library Docid # 2455095
(31) MANEESH MOUDGIL AND ANOTHER Vs. THE STATE N.C.T. OF DELHI AND ANOTHER[DELHI HIGH COURT] 07-10-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Indian Penal Code, 1860 — Sections 420, 406, 467, 471 and 120-B — Quashing of FIR — Inherent powers — High Court cannot conduct a mini-trial — Power under Section 482 CrPC must be exercised sparingly and with circumspection — Court cannot assess probabilities, weigh credibility of witnesses, or resolve disputed questions of fact — Allegations of cheating, forgery, and conspiracy in procuring property documents and a registered Will from an ail India Law Library Docid # 2455098
(32) RAGHUNATH (NOW DECEASED) THR LR AND ANOTHER Vs. SH. BHARAT BHUSHAN (DECEASED) THROUGH LRS AND OTHERS[DELHI HIGH COURT] 07-10-2026 Civil Procedure Code, 1908 (CPC) — Order 12 Rule 6 — Judgment on admissions — Scope and applicability — Nature of power is discretionary and permissive — Court can determine legal consequences where foundational factual ingredients stand admitted, without requiring separate admission of legal propositions — In a suit for possession based on a Will for which uncontested Letters of Administration were granted, the execution and validity of the Will being undisputed, the Trial Court was fully compe India Law Library Docid # 2455101
(33) VIJAY PAL Vs. BHARAT SINGH[DELHI HIGH COURT] 07-10-2026 Civil Law — Suit for Declaration and Injunction — Lal Dora Land — Proof of Ownership and Possession — Delhi Land Reforms Act — Plaintiffs claimed ownership of an unconstructed plot in Lal Dora area based on long-standing ancestral possession without title documents — Revenue records reflected Gaon Sabha as owner — Held, even assuming formal title documents are absent in Lal Dora Abadi Deh, a party asserting ownership on the basis of possession must affirmatively establish continuous possession — India Law Library Docid # 2455102
(34) SMT. GUDIYA RAI Vs. VIPLAV RAI[CHHATTISGARH HIGH COURT] 07-10-2026 Civil Procedure Code, 1908 (CPC) — Section 24 — Hindu Marriage Act, 1955 — Section 13 — Transfer of matrimonial proceedings — Convenience of wife — Wife sought transfer of divorce suit filed by husband from Family Court, Dantewada to Family Court, Kondagaon on grounds of distance and travel inconvenience — Settled legal principle that in matrimonial disputes, convenience of the wife is paramount — Relying on Supreme Court precedents, High Court held that the petition deserved to be allowed and t India Law Library Docid # 2455123
(35) TRILOKI PATEL Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 07-10-2026 Penal Code, 1860 (IPC) — Sections 320, 325 and 341 — Voluntarily causing grievous hurt and wrongful restraint — Appreciation of evidence — Accused assaulted the victim with a wooden stick over an unpaid grocery debt, resulting in injuries — Conviction based on credible testimonies of the injured victim and eyewitness husband, corroborated by medical testimony and X-ray report — Evidence confirmed a fracture of the distal end of the left radius bone — Fracture falls within the definition of griev India Law Library Docid # 2455125
(36) GAURMATI SAHU Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 07-10-2026 Service Law — Recovery of excess payment — Retired Class-III employee — Two advance increments granted in 1990 for undergoing sterilization received for decades — Recovery order issued after retirement without opportunity of hearing — Held, recovery of excess payment is impermissible from retired Class-III employees, particularly where payments were made for decades and no undertaking consenting to recovery was given — Case squarely covered under the parameters laid down in State of Punjab v. Ra India Law Library Docid # 2455128
(37) DURVASA PANDEY AND ANOTHER Vs. UMESH THAKUR AND OTHERS[CHHATTISGARH HIGH COURT] 07-10-2026 Motor Vehicles Act, 1988 — Section 168 and Section 173 — Assessment of compensation — Death of minor child in road accident — Tribunal assessed notional income at Rs. 36,000 per annum — Held, a minor child who dies or suffers permanent disability in a motor accident cannot be treated as a non-earning individual merely due to absence of gainful employment — Loss of income must be computed adopting at least the prevailing notified minimum wages in the State — Monthly income of deceased 13-year-old India Law Library Docid # 2455129
(38) BARATI BHAGAT AND OTHERS Vs. THE STATE OF CHHATTISGARH AND ANOTHER[CHHATTISGARH HIGH COURT] 07-10-2026 Civil Law — Adverse Possession — Government land reserved for public utility — Plaintiffs claimed declaration of title by adverse possession over 1.50 acres of land, asserting continuous possession for over 70 years — State established that the land was allotted for a graveyard as per revenue records and nistaar patrak since 1957 — Held, adverse possession cannot be claimed over Government land reserved for public utility purposes such as graveyards, roads, or hospitals — Concurrent findings of India Law Library Docid # 2455130
(39) GOVIND PRASAD AND OTHERS Vs. SATYAPRAKASH GUPTA (DEAD) THROUGH LRS. AND OTHERS[CHHATTISGARH HIGH COURT] 07-10-2026 Hindu Law — Joint Family Property — Nucleus and Burden of Proof — No presumption exists that a Hindu undivided family possesses joint property merely by virtue of jointness. The initial burden lies on the claimant asserting jointness to prove the existence of a joint family, joint income, and an adequate income-bearing nucleus. Once an adequate nucleus capable of acquiring the property is established, a presumption arises that the acquisition is joint family property. The burden then shifts to t India Law Library Docid # 2455132
(40) TAJ UDDIN TAPADAR ALIAS TAJ UDDIN Vs. THE STATE OF ASSAM[GAUHATI HIGH COURT] 07-10-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21(b) and 29 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 438 and 442 — Interim custody of conveyance — Contraband recovered directly from the registered owner while transporting it in the vehicle — Charge-sheet filed and cognizance taken — Registered owner sought interim zimma of vehicle pending trial — Release on superdari cannot be granted where the owner is arrayed as an accused and the reverse burden of proof remains u India Law Library Docid # 2455136