(381) MUNICIPAL CORPORATION OF DELHI Vs. M/S RAM NIWAS GOEL[DELHI HIGH COURT] 12-01-2026 Civil Procedure Code, 1908 (CPC) — Section 96 read with Order XLI Rule 1 — Appeal against Commercial Court Judgment — Challenge to a decree for recovery, declaration (of certain orders as null and void), and permanent injunction — Admitted facts included the award of work for construction of a school, delays due to COVID-19 lockdown, and site hindrances (existence of trees) — Builder's claim for recovery India Law Library Docid # 2438038
(382) MR GAUTAM MONDAL THROUGH HIS WIFE MRS ASHIMA MUKHERJEE MONDAL Vs. UNION OF INDIA THROUGH ITS STANDING COUNSEL AND OTHERS[DELHI HIGH COURT] 12-01-2026 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Territorial Jurisdiction and Forum Conveniens — Even if a part of the cause of action arises within a High Court’s territorial jurisdiction (e.g., where the impugned order was passed), the Court retains the discretion to refuse to exercise jurisdiction by invoking the doctrine of forum conveniens if another forum is more appropriate and India Law Library Docid # 2438039
(383) PRINCIPAL SECRETARY TO GOVERNMENT, WORKS DEPARTMENT, GOVT. OF ODISHA, BHUBANESWAR AND OTHERS Vs. ASHOK KUMAR PATTANAYAK AND ANOTHER[ORISSA HIGH COURT] 12-01-2026 Administrative Law — Principles of Natural Justice — Opportunity of Hearing — State appealing against a High Court order allowing a writ petition at the admission stage, claiming no counter was filed — Court rejected this argument, stating the grounds for appeal were considered by the Single Judge, and it wasn't a denial of opportunity. India Law Library Docid # 2438135
(384) MD. SAIF ALI ANSARI Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 12-01-2026 Penal Code, 1860 (IPC) — Section 376 — Rape — False promise vs. Breach of promise — Sexual exploitation based on a false promise to marry, made with no intention to marry from the outset, vitiates consent and constitutes rape. However, a mere breach of a promise to marry, due to supervening circumstances or unforeseen events, does not amount to rape. The promise must be false from the beginning and directly linked to the decision to engage in sexual activity. India Law Library Docid # 2438186
(385) M.S.ANIL Vs. STATE OF KERALA[KERALA HIGH COURT] 12-01-2026 Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) read with 13(2) and Penal Code, 1860 (IPC) — Section 120B — Appeal against conviction and sentence for accepting bribe. Accused 1 acquitted, Accused 2 convicted under Sections 7 and 13(1)(d) r/w 13(2), Accused 3 convicted under Sections 7 and 13(1)(d) r/w 13(2) and 120B. Held, for offences under PC Act, proof of demand and acceptance of bribe is essential. Mere recovery of tainted money is not sufficient. Accused apprehended at India Law Library Docid # 2438258
(386) CHOORAPILAN JAMEELA AND OTHERS Vs. PADAVANNA SHAMSEER AND OTHERS[KERALA HIGH COURT] 12-01-2026 Constitution of India, 1950 — Article 226 — Writ of Mandamus — Lease expiry — Eviction — Maintainability of Writ Petition against private individual — Lease deed for a petroleum retail outlet expired, and the petitioners sought eviction of the first respondent (a private individual) who was in possession. The Court held that a Writ Petition is not maintainable for eviction against a private individual, as the India Law Library Docid # 2438259
(387) BABU C.G. Vs. STATE OF KERALA[KERALA HIGH COURT] 12-01-2026 Constitution of India, 1950 — Article 21 — Right to life and personal liberty — Fair Trial — A fair trial is a fundamental right, encompassing procedures that are just, fair, and reasonable. This right is violated by unfair, arbitrary, or natural justice-flouting procedures. India Law Library Docid # 2438260
(388) OSTUKA CHEMICALS (INDIA) PRIVATE LIMITED Vs. TRANS ENGINEERS INDIA PVT. LTD.[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Constitution of India, 1950 — Article 227 — Power of superintendence — Commercial Courts Act, 2015, Section 8 — Bar against revision — High Court's power under Article 227 is constitutional and cannot be curtailed by statute — Revision under Article 227 is maintainable against interlocutory orders of Commercial Courts, despite Section 8 of the Act — Power to be exercised sparingly India Law Library Docid # 2438305
(389) KULDEEP SINGH Vs. MISHRI LAL AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside ex parte decree — Petitioner challenged an ex parte judgment and decree directly before the High Court without first filing an appeal before the District Judge — The petitioner also failed to file an appeal against the order dismissing their application under Order India Law Library Docid # 2438306
(390) PARAMJIT SINGH Vs. VEER SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Specific Relief Act, 1963 — Section 28 — Rescission of agreement to sell — Application for rescission dismissed when decree-holder applied for deposit within stipulated period, and delay in court's order was attributable to court, not decree-holder. India Law Library Docid # 2438307
(391) LAKHVIR SINGH Vs. DHARA SINGH[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Negotiable Instruments Act, 1881 — Section 118(a) — Presumption of consideration — Once execution of a pronote is proved, the court must presume that it was made for consideration — The burden shifts to the defendant to rebut this presumption with cogent evidence — Mere denial or raising doubts is insufficient — A plaintiff is not required to independently prove consideration unless the defendant India Law Library Docid # 2438308
(392) VIJAY Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 250 — Application for discharge — Court at the stage of framing charge is only required to form a presumptive opinion regarding existence of factual ingredients of alleged offences — Court is not required to weigh the probative value of evidence or assume prosecution story as truth — Defence of accused is not to be considered at the stage of discharge India Law Library Docid # 2438309
(393) E.ISHITHA AND OTHERS Vs. ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT)-01 AND OTHERS[KARNATAKA HIGH COURT] 12-01-2026 Karnataka Good and Services Tax Act, 2017, Sections 67 and 69 and Code of Criminal Procedure, 1973, Section 41A — Arrest and Search and Seizure — GCCST Act is not a complete code regarding arrest and search and seizure — provisions of Cr.P.C. apply unless expressly barred or impliedly excluded. India Law Library Docid # 2438330
(394) HARMIT SINGH Vs. STATE OF PUNJAB AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 15 — Preliminary assessment of juvenile in conflict with law for heinous offences — This assessment is not mechanical but a crucial determination of psychological, social, and emotional aspects, considering the circumstances of the offence. A high IQ does not negate the impact of stressful environments or familial pressure on rational judgment. India Law Library Docid # 2438421
(395) SATBIR @ SATVEER AND OTHERS Vs. SHAITAN SINGH AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Motor Vehicles Act, 1988 — Compensation for personal injury — Principles of assessment — Court should be guided by established principles for awarding compensation in personal injury cases, as laid down by the Supreme Court, covering pecuniary damages (expenses, loss of earnings, future medical expenses) and non-pecuniary damages (pain, suffering, loss of amenities, etc.). India Law Library Docid # 2438422
(396) MUKESH Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Punjab Police Rules, 1934 — Rule 16.3 — Criminal acquittal vs. Departmental proceedings — Departmental proceedings can continue even after criminal acquittal if the charge failed on technical grounds, prosecution witnesses were won over, the court held an offence was committed and suspicion rested on the officer, or additional evidence exists for departmental proceedings. India Law Library Docid # 2438423
(397) SURJIT KAUR Vs. STATE OF PUNJAB AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Appellate court's power to interfere — Appellate court should be slow to reverse an order of acquittal. The presumption of innocence is strengthened in favour of the accused, and this double presumption can only be disturbed by thorough scrutiny on accepted legal parameters. If the trial court's findings are not palpably wrong, India Law Library Docid # 2438424
(398) SURAJMAL Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 12-01-2026 Penal Code, 1860 (IPC) — Sections 302, 449 — Arms Act, 1959 — Section 25 — Appeal against conviction for murder, house-trespass with intent to commit grievous hurt, and offence under Arms Act — Circumstantial evidence — Prosecution's case based entirely on circumstantial evidence — Standard for conviction based on circumstantial evidence require a chain of events so complete that it unequivocally points to the guilt of the accused and excludes any other hypothesis — Evidence on India Law Library Docid # 2438425
(399) SMT MUGGA DEVI AND OTHERS Vs. MAKKHAN SINGH AND OTHERS[ALLAHABAD HIGH COURT] 12-01-2026 Motor Vehicles Act, 1988 — Section 173 — Appeal for enhancement of compensation — Deduction of family pension from deceased's pension — Tribunal erred in deducting family pension received by wife from deceased's pension for calculating compensation. India Law Library Docid # 2438863
(400) SMT. NEELAM AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 12-01-2026 Criminal Procedure Code, 1973 (CrPC) — Section 311 (Corresponding to Section 348 BNSS) — Power to recall witnesses — Such power must be exercised with care, caution, and for strong and valid reasons to prevent failure of justice — It is not a matter of course and discretion must be exercised judicially — Consideration of delay, hardship to India Law Library Docid # 2438864