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(361) BALBIR KAUR AND ANOTHER Vs. JARNAIL SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-01-2026 Civil Procedure Code, 1908 (CPC) – Second Appeal – Scope of – Treated as appeals under Section 41 of Punjab Courts Act, 1918, not Section 100 of CPC – No question of law required to be framed. India Law Library Docid # 2438429
(362) BALA RANI AND ANOTHER Vs. NOOR MOHAMMAD AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-01-2026 Motor Vehicles Act, 1988 — Section 149 — Liability of insurer — Statutory liability — Insurer cannot be absolved of statutory liability nor granted recovery rights when a fundamental breach of policy conditions is not proven — Mere presence of a deceased in a goods vehicle as a gratuitous passenger does not ipso facto constitute contributory negligence or absolve the insurer unless a fundamental India Law Library Docid # 2438430
(363) M/S. SUKRITI PEBBLES Vs. THE STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 13-01-2026 West Bengal Minor Mineral Rules, 2002 — West Bengal Minor Minerals Concession Rules, 2016 — Mining Lease — Renewal — Saving Clause — Rule 62(2) of 2016 Rules saves actions taken under 2002 Rules, including grant orders, despite repeal of 2002 Rules. Lease executed in 2019 pursuant to a 2013 grant order under 2002 Rules is saved. India Law Library Docid # 2438778
(364) GOPAL CHANDRA PATRA Vs. THE STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 13-01-2026 Pension — Right to Pension — Pension is a constitutionally protected right and considered a property within the meaning of Article 300A of the Constitution. India Law Library Docid # 2438779
(365) AR LANDCRAFT LLP LTD. Vs. U.P. REAL ESTATE APPELLATE TRIBUNAL AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-01-2026 Real Estate (Regulation and Development) Act, 2016 — Sections 43, 55 — Constitution of Appellate Tribunal — Bench hearing and deciding matter — A judgment delivered by a Bench where one member had not heard the submissions is void (coram non judice) and a nullity in law, violating principles of natural justice and fundamental India Law Library Docid # 2438855
(366) BHAGWAT KUSHWAHA Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 13-01-2026 Penal Code, 1860 (IPC) — Section 363, 366, 376 — Kidnapping, Abduction, Rape — Age of victim — Trial court held victim to be major — This finding was not challenged by the appellant — In the absence of documentary evidence regarding victim's age, trial court's finding that victim was major is not interfered with. India Law Library Docid # 2438856
(367) SANJAY WAHI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 13-01-2026 Criminal Procedure Code, 1973/Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 BNSS (Section 482 Cr.P.C.) and Article 226 of the Constitution of India, 1950 — Jurisdiction of High Court to quash cognizance order — A writ petition invoking both Article 226 of the Constitution and Section 528 BNSS (formerly Section 482 Cr.P.C.) allows the High Court to quash an FIR, charge-sheet, and cognizance order even after India Law Library Docid # 2438857
(368) SMT. KASHMIRI AND OTHERS Vs. U.P.S.R.T.C. THRU REGIONAL MANAGER AND ANOTHER[ALLAHABAD HIGH COURT] 13-01-2026 Motor Vehicles Act, 1988 — Appeal for enhancement of compensation — Claimants argued that tribunal’s assessment of notional income/wages was inadequate, failed to award compensation for future prospects, applied an incorrect multiplier, and made an insufficient deduction for personal expenses. India Law Library Docid # 2438858
(369) OM PRAKASH GUPTA Vs. RADHEY SHYAM GUPTA[ALLAHABAD HIGH COURT] 13-01-2026 Civil Procedure Code, 1908 (CPC) — Section 96 — First Appeal — Order 7 Rule 11 CPC — Rejection of Plaint — Prohibition of Benami Property Transactions Act, 1988 — Scope of Order 7 Rule 11 CPC — Court must confine itself to plaint averments and documents filed by plaintiff — Defence of defendant and his documents cannot be considered — If triable issues arise, plaint cannot be rejected summarily. India Law Library Docid # 2438859
(370) NARESH CHAUDHARY Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 13-01-2026 Penal Code, 1860 (IPC) — Section 302 — Murder — Circumstantial Evidence — Conviction requires circumstances to be fully proved, conclusive, form a complete chain, be consistent only with guilt, and exclude all other hypotheses. India Law Library Docid # 2438860
(371) KULDEEP VERMA Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 13-01-2026 Bhartiya Nyaya Sanhita, 2023 — Section 69 — Sexual intercourse by employing deceitful means — Prima facie case — Allegations of sexual intercourse on false promise of marriage are sufficient to proceed with trial if victim alleges she was unaware of accused's marital status and promise of marriage was false from inception. India Law Library Docid # 2438861
(372) PREM SINGH Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 13-01-2026 U.P. Land Revenue Act, 1901 — Section 28 — Restoration application — Delay — Condonation — Delay of over 11 years in filing restoration application to recall an order passed on merits cannot be condoned merely by stating a date of knowledge, especially when the land in question is a public road and the applicant has a history of conflict with India Law Library Docid # 2438862
(373) KRISHNA KUMAR RAJAK AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 13-01-2026 Penal Code, 1860 (IPC) — Section 302 read with Section 34 and Section 201 — Murder and Causing disappearance of evidence of offence — Circumstantial evidence — Extra-judicial confession is a weak piece of evidence and requires careful scrutiny — Confession made after a significant delay and without a clear occasion for disclosure diminishes its credibility — Possession of stolen property, including a mobile phone, India Law Library Docid # 2439053
(374) ANIL KUMAR KUSHWAH Vs. ANIL KUMAR GUPTA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 13-01-2026 Civil Procedure Code, 1908 (CPC) — Section 96 — Appeal from original decree — Maintainability — Appeal lies from a decree, not just findings — If a decree is in favour of the appellant, they can file cross-objections or a civil revision if no appeal is filed by the other party — An appeal against findings alone, without a decree against the appellant, is not maintainable. India Law Library Docid # 2439054
(375) SANTOSH KUMAR(DEAD) THROUGH LRS. SMT. ASHA JAIN AND OTHERS Vs. RAJESH AND OTHERS[MADHYA PRADESH HIGH COURT] 13-01-2026 Civil Procedure Code, 1908 (CPC) — Order 39 Rule 2-A — Breach of injunction order — Maintaining status quo — Significant construction raised on suit property despite court order to maintain status quo — Non-applicants' defense of misinterpreting status quo as only preventing third-party rights rejected — Court found deliberate breach and flouting of the order. India Law Library Docid # 2439055
(376) COLGATE PALMOLIVE COMPANY AND ANOTHER Vs. DABUR INDIA LTD.[DELHI HIGH COURT] 12-01-2026 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of Pleadings — Application seeking to amend plaint to challenge subsequent advertisements by Defendant is rejected where original plaint already contained pleadings concerning the issue underlying the new advertisements — Suit for permanent injunction against disparagement of Plaintiffs' product/ingredient India Law Library Docid # 2438040
(377) PRADEEP KUMAR Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 12-01-2026 Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against conviction — Indian Penal Code, 1860 — Sections 376 (Rape), 342 (Wrongful Confinement), 506 (Criminal Intimidation) — Acquittal on appeal — Prosecution failed to prove guilt beyond reasonable doubt — Allegation of continuous illegal confinement and repeated rape (November 2013 to January 2014) — Photographic India Law Library Docid # 2438041
(378) PANKAJ Vs. STATE OF NCT OF DELHI[DELHI HIGH COURT] 12-01-2026 Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) — Evidence of Child Victims — Although minor inconsistencies are expected due to the tender age of victims, contradictions concerning the essential details of the sexual assault, coupled with contradictory medical findings, render the evidence unsafe for sustaining a conviction. India Law Library Docid # 2438035
(379) ZYDUS LIFESCIENCES LIMITED Vs. E. R. SQUIBB AND SONS, LLC AND OTHERS[DELHI HIGH COURT] 12-01-2026 Patents Act, 1970 — Section 48 — Rights of Patentees — Legal Framework — While intellectual property rights require protection, Section 48 only grants the exclusive right to prevent third parties from dealing with "that product" which is the subject matter of the patent claim; this protection must be balanced against the public interest, especially concerning life-saving medicines, and requires a clear showing of India Law Library Docid # 2438036
(380) KALYAN DASS THROUGH LR'S Vs. PRAVEEN CHAWLA[DELHI HIGH COURT] 12-01-2026 Displaced Persons (Compensation and Rehabilitation) Act, 1954 — Section 29 — Applicability — The protection under Section 29 against ejectment applies to persons in lawful possession of property forming part of the compensation pool, such as tenants or allottees under the Evacuee Property Act — The provision is inapplicable where the suit property was not an evacuee property but Government-built property for rehabilitation, and the defendant/appellant claimed status as a licensee under the India Law Library Docid # 2438037