(241) THARADEVI Vs. R.DEVENDRA @ DEVENDRAKUMAR SHARMA[MADRAS HIGH COURT] 06-10-2026 Family Courts Act, 1984 — Section 19 — Hindu Marriage Act, 1955 — Section 13(1)(ib) — Dissolution of marriage — Desertion — Essential ingredients — Wife leaving matrimonial home repeatedly for parental abode but resuming cohabitation upon intervention of elders and panchayatadars — Offence of desertion requires intentional permanent forsaking and total repudiation of marital obligations without consent or reasonable cause — Factum of separation and animus deserendi must co-exist — Temporary sepa India Law Library Docid # 2455296
(242) KUSHAL @ DHANUSH AND ANOTHER Vs. THE DEPUTY SUPERINTENDENT OF POLICE AND ANOTHER[MADRAS HIGH COURT] 06-10-2026 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14A — Bharatiya Nyaya Sanhita, 2023 — Sections 61(2), 296(b) and 103(1) — Regular bail — Murder charge — Prolonged incarceration and commencement of trial — Appellants detained in custody since August 2025 following an alleged fatal knife attack — Preventive detention order previously quashed — Trial had commenced before the Sessions Court — Held, considering the period of custody, progress of trial, and nec India Law Library Docid # 2455300
(243) PARAMESHWARI. P. Vs. NO RESPONDENT[MADRAS HIGH COURT] 06-10-2026 Hindu Minority and Guardianship Act, 1956 — Section 8(2)(a) — Natural guardian's power to alienate minor's immovable property — Legal necessity and welfare of minor — Mother sought permission to sell minor daughter's undivided 1/10th share along with other co-owners — Property was dilapidated, yielding no income, and undivided share could not be dealt with independently — Mother had no independent income and required funds for minor's maintenance and education — Sale held to be for legal necessi India Law Library Docid # 2455308
(244) KANZEON PUBLIC CHARITABLE TRUST Vs. UNION OF INDIA[MADRAS HIGH COURT (MADURAI BENCH)] 06-10-2026 Foreign Contribution (Regulation) Act, 2010 — Section 31(2) and Section 31(3) — Madras High Court (Appellate Side Rules), 1965 — Rule 2(5) — Maintainability and Bench jurisdiction — Appeal against rejection of registration under Section 12(2) — Deemed decree of civil court — Order incapable of monetary valuation — Held, as the Foreign Contribution (Regulation) Act is a special statute and appeals under various special enactments are placed before a Division Bench, an appeal preferred under Secti India Law Library Docid # 2455314
(245) NAMBIRAJAN Vs. STATE[MADRAS HIGH COURT (MADURAI BENCH)] 06-10-2026 Penal Code, 1860 — Sections 376 and 417 — Rape — Alleged promise of marriage — Consensual physical relationship — Parties in prohibited degree of relationship — Victim, aged 28 years, was the aunt of the appellant and admitted knowing that their community prohibited marriage between aunt and nephew — Parties were in love for over a year and engaged in physical relations — Held, victim's claim that she submitted to sexual relations believing appellant's promise of marriage was unbelievable — Inte India Law Library Docid # 2455316
(246) K.MANIKANDAN Vs. THE DISTRICT COLLECTOR AND CHAIRMAN[MADRAS HIGH COURT (MADURAI BENCH)] 06-10-2026 Tender and Contract Law — Forfeiture of Earnest Money Deposit — Non-execution of agreement — Petitioner emerged as successful bidder and was issued Letter of Acceptance — Model Code of Conduct intervened, but even after it ceased to operate, petitioner failed to execute the agreement — Tender conditions expressly authorised forfeiture of Earnest Money Deposit if the bidder failed to execute the agreement within the stipulated timeframe — Since the contract was not signed within a reasonable time India Law Library Docid # 2455317
(247) R.ARULSHANTHI AND ANOTHER Vs. S. VICKRAM[MADRAS HIGH COURT (MADURAI BENCH)] 06-10-2026 Guardians and Wards Act, 1890 — Section 17 — Minor custody — Welfare of the child — Primacy over statutory rights of natural guardian — Family Court awarded custody to biological father solely based on his status as natural guardian — Held, a child is not movable property to be claimed or transferred merely on the strength of legal entitlement or superior financial capacity — Welfare of the minor is the paramount and supreme consideration — Father's status as natural guardian cannot mechanically India Law Library Docid # 2455318
(248) VARSHINI Vs. SASIDHARAN[MADRAS HIGH COURT (MADURAI BENCH)] 06-10-2026 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of matrimonial and custody proceedings — Preference to convenience of wife — Husband filed petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and guardianship petition under the Guardians and Wards Act, 1890 at Coimbatore — Wife resided with her parents and 31/2-year-old minor son at Srivilliputhur, approximately 258 km away — Held, in matrimonial disputes, the convenience of the wife must predomina India Law Library Docid # 2455322
(249) KANZEON PUBLIC CHARITABLE TRUST Vs. UNION OF INDIA[MADRAS HIGH COURT (MADURAI BENCH)] 06-10-2026 Foreign Contribution (Regulation) Act, 2010 — Section 31(2), 31(3) — Madras High Court (Appellate Side Rules), 1965 — Rule 2(5) — Forum of appeal — Rejection of registration application — Section 31(3) deems the appeal under the Act to be an appeal from an original decree — Since the order impugned under the special statute is incapable of monetary valuation, the overall statutory scheme of the Appellate Side Rules requires the appeal to be heard and determined by a Division Bench. India Law Library Docid # 2455328
(250) 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 Trade Union — Maintainability of writ petition challenged on ground that petitioning union was not a party to the reference before Industrial Tribunal — Held, a trade union is merely a representational vehicle to espouse collective grievances of workers, who are the ultimate beneficiaries — Where an erstwhile union becomes non-functional, workmen are entitled to reorganize under a new union to pursue their c India Law Library Docid # 2455266
(251) MANJIRA PROPERTIES PVT. LTD. Vs. RAHUL H. BAJAJ AND ANOTHER[BOMBAY HIGH COURT] 06-10-2026 Civil Procedure Code, 1908 (CPC) — Order 21 Rules 46 and 46A — Execution of decree — Garnishee proceedings — Attachment of debt — Appellant challenged the attachment of a debt under an unregistered Memorandum of Understanding (MOU), contending that the amount received was a mobilization advance liable to forfeiture and not an admitted, crystallized debt — Held, where receipt of funds is undisputed and the contemplated transaction of land acquisition has failed, a party cannot resist garnishee at India Law Library Docid # 2455268
(252) UNION OF INDIA Vs. INSPIRISYS SOLUTIONS LTD.[BOMBAY HIGH COURT] 06-10-2026 Arbitration and Conciliation Act, 1996 — Sections 31(5) and 34(3) — Delivery of signed copy of arbitral award — Meaning of "signed copy" — Section 31(5) does not mandate delivery of only the original physical award bearing ink signatures — Keeping pace with technological advancement, transmission of an authentic scanned copy via WhatsApp or delivery of a colour photostat copy bearing the arbitrators' signatures constitutes valid delivery — Limitation period under Section 34(3) for challenging th India Law Library Docid # 2455270
(253) THE SHIPPING CORPORATION OF INDIA LTD. Vs. CHUGOKU MARINES PAINTS S PTE LTD[BOMBAY HIGH COURT] 06-10-2026 Arbitration and Conciliation Act, 1996 — Section 34(3), Proviso — Limitation Act, 1963 — Sections 2(j) and 4 — Condonation of delay — Applicability of Section 4 of Limitation Act to extendable 30-day period — The prescribed period of limitation for filing an application under Section 34(3) is three months. The discretionary period of 30 days under the proviso is merely an extendable period and not the "prescribed period". Therefore, the benefit under Section 4 of the Limitation Act, which allows India Law Library Docid # 2455271
(254) 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
(255) 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
(256) 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
(257) 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
(258) 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
(259) 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
(260) 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