ive
(1) PONUNG MOYONG Vs. FOOD CORPORATION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 28-08-2026 Service Law — Deputation — Disciplinary Authority of Borrowing Department — Post-repatriation Inquiry — Food Corporation of India (Staff) Regulations, 1971 — Regulation 65 — Employee on deputation to Food Corporation of India was repatriated to parent department — Disciplinary inquiry was conducted after repatriation — Master and servant relationship between borrowing department and employee ceased upon repatriation — Borrowing department lacked authority to conduct disciplinary inquiry after em India Law Library Docid # 2450544
(2) ELIA BANDA Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 28-08-2026 Penal Code, 1860 — Section 376 — Evidence Act, 1872 — Section 118 — Conviction on sole testimony of prosecutrix — Absence of medical evidence or bodily injuries — Offence of rape is a crime and not a medical condition — Penetration, however slight, constitutes rape and presence of visible injury or hymen rupture is not mandatory — Medical evidence showing no recent signs of sexual intercourse does not belie the cogent and trustworthy testimony of the prosecutrix, particularly when sexual assault India Law Library Docid # 2450560
(3) DR. R. THULASIDASAN Vs. SHRI M. SETHU AND OTHERS[CALCUTTA HIGH COURT (CIRCUIT BENCH AT PORT BLAIR)] 28-08-2026 Constitution of India, 1950 — Article 226 — Municipal Laws — Locus standi of third party — Complaint against unauthorized construction — Held, a public-spirited citizen or third party has standing under Article 226 to seek enforcement of building rules and implementation of pre-existing demolition orders against unauthorized constructions. The objection regarding lack of locus standi is irrelevant in cases involving illegal structures, as unauthorized constructions overburden civic infrastructur India Law Library Docid # 2450664
(4) SANJEEVA SHUKLA @ SANJIV SHUKLA Vs. ARADHANA NIRMAN LLP[CALCUTTA HIGH COURT] 28-08-2026 Negotiable Instruments Act, 1881 — Sections 138 and 141 — Offence by Company — Vicarious Liability of Director — Essential Requirements — To prosecute a Director under Section 141, the complaint must contain clear, specific, and unambiguous averments showing how and in what manner the Director was in charge of, and responsible to the company for the conduct of its business at the relevant time — A person cannot be made vicariously liable merely by virtue of holding the office of Director in the India Law Library Docid # 2450672
(5) ALOKE SATNALIWALA Vs. NIRMALA DEVI FATEHPURIA AND OTHERS[CALCUTTA HIGH COURT] 28-08-2026 Commercial Courts Act, 2015 — Section 2(1)(c)(vii) — Commercial Dispute — Development Agreement relating to Immovable Property — Recovery Suit — Plaintiff sought monetary recovery under a Memorandum of Understanding (MoU) entered into for financial assistance toward development of an immovable property — Dispute challenged as a commercial dispute — Held, a development agreement involving an immovable property per se involves commercial exploitation and encompasses trade or commerce — The immovab India Law Library Docid # 2450640
(6) SANJIBANI DAS SAMANTA @ SANJIBONI Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 28-08-2026 Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23(2) and 29 — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Interim Maintenance — Arbitrary reduction by Appellate Court — Judicial Magistrate awarded interim maintenance to wife and minor daughter considering husband's overseas earning potential — Appellate Court reduced minor child's interim maintenance without assigning reasoned grounds or showing change in circumstances — Arbitrary reduction without rationale amounts India Law Library Docid # 2450647
(7) JYOTSNABEN RAMANBHAI PATEL AND OTHERS Vs. BRIJESHSINH KISHORSINH CHAUHAN AND OTHERS[GUJARAT HIGH COURT] 27-08-2026 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 4 — Registration Act, 1908 — Suit for cancellation of registered sale deed — Allegation of fraud and misrepresentation — Presumption of validity — Plaintiffs alleged that defendants fraudulently obtained signatures on a sale deed under the guise of an agreement to sell — Held, registered sale deed carries a strong presumption of valid execution — Heavy burden rests upon challenger to displace presumption with cogent evidence and material particular India Law Library Docid # 2450469
(8) ALOK SARKAR Vs. STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 27-08-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 154 and 162 — Multiple FIRs — Concept of Second FIR — Test of Sameness — Registration of earliest information — Under the scheme of CrPC, only the earliest information regarding a cognizable offence satisfies Section 154. There can be no second FIR or fresh investigation on subsequent information concerning the same cognizable offence or same transaction. All subsequent information or statements made after commencement of investigation are statemen India Law Library Docid # 2450565
(9) KYNTIEW AKOR SUCHIANG Vs. WOSTON HYNNIEWTA[MEGHALAYA HIGH COURT] 27-08-2026 Limitation Act, 1963 — Section 5 — Condonation of Delay — Indian Divorce Act, 1869 — Section 10(1)(x) — Delay of 210 days in filing appeal against divorce decree — Explanation for delay — Applicant engaged new counsel, encountered delay in retrieving case records from previous counsel, and needed time to examine the brief — Absence of deliberate delay or mala fides — Held, explanation offered constitutes sufficient cause for condonation — Court ought to adopt a liberal approach to advance substa India Law Library Docid # 2450590
(10) M/S. SHREE MADHAV EDIBLE PRODUCTS LTD. AND OTHERS Vs. PUNJAB NATIONAL BANK AND OTHERS[CALCUTTA HIGH COURT] 27-08-2026 Constitution of India, 1950 — Article 226 — Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 — Security Interest Enforcement Rules, 2002 — Rule 8(6) — Maintainability of writ petition — Dispute over One-Time Settlement (OTS) and secured debt — Petitioner challenged sale notice under Article 226 — Held, issues regarding whether a secured debt exists and whether the bank validly initiated proceedings under the 2002 Act fall squarely within the India Law Library Docid # 2450642
(11) SMT. GOPA CHAKRABORTY AND OTHERS Vs. UNION OF INDIA AND OTHERS[CALCUTTA HIGH COURT] 27-08-2026 Constitution of India, 1950 — Article 226 — Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Section 9 — Maintainability of writ petition — Alternative statutory remedy — Rule requiring exhaustion of statutory remedies is a matter of discretion and self-restraint, not an absolute bar to jurisdiction under Article 226 — Where complex subsequent events, disputes regarding computation of occupational charges, and eviction under Railways Act arose during pendency, dismissing writ pet India Law Library Docid # 2450653
(12) RICHARD SANGYUNG Vs. THE STATE OF ASSAM AND OTHERS[GAUHATI HIGH COURT] 26-08-2026 Constitution of India, 1950 — Article 226 — Police Firing Incident — Demand for Independent Enquiry — One Man Enquiry Commission report submitted — Investigation in police cases completed with charge-sheet and final report laid — Held, considering the long lapse of time, submission of enquiry reports, and completion of criminal investigation, a fresh enquiry by an independent authority or retired High Court Judge is not warranted — Aggrieved parties are at liberty to initiate appropriate proceed India Law Library Docid # 2450573
(13) SUBHASH CHANDRA KOCH Vs. THE STATE BANK OF INDIA AND OTHERS[GAUHATI HIGH COURT] 26-08-2026 Service Law — Departmental Enquiry — Principles of Natural Justice — Audi Alteram Partem — Reliance on Undisclosed Material — Delinquent officer dismissed based on enquiry report — Enquiry Officer relied upon an undisclosed letter of retraction from petitioner's key defence witness received after closure of evidence and submission of written briefs — Copy of letter was never furnished nor opportunity given to rebut or re-examine witness — Held, relying on adverse undisclosed material after closu India Law Library Docid # 2450537
(14) WANTEILANG KHONGKHNIANG Vs. THE STATE OF MEGHALAYA[MEGHALAYA HIGH COURT] 26-08-2026 Penal Code, 1860 (IPC) — Section 376(2) — Protection of Children from Sexual Offences Act, 2012 — Section 3/4 — Delay in lodging FIR — Impact on prosecution — Delay of three days in lodging FIR for sexual assault on a minor is not fatal to the prosecution case — Delay in sexual offence cases cannot be equated with other criminal cases due to socio-cultural factors and initial hesitation — In the absence of evidence showing deliberation, concoction, or an exaggerated account, minor delay cannot t India Law Library Docid # 2450596
(15) SADDAM @ ATAUR REHMAN IN JUDICIAL CUSTODY Vs. STATE NCT OF DELHI[DELHI HIGH COURT] 25-08-2026 Penal Code, 1860 (IPC) — Section 302, Section 304 Part II, Section 299 & Section 300 — Re-appreciation of evidence — Nature of offence — Conviction altered from Section 302 IPC to Section 304 Part II IPC — The appellants were convicted under Section 302/34 IPC for causing the death of an elderly victim using a wooden danda — On appeal, held that the alleged weapon was not a deadly weapon and six out of seven injuries were simple contusions/abrasions — The post-mortem India Law Library Docid # 2449996
(16) M/S TATA STEEL LIMITED Vs. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF FINANCE AND OTHERS[SUPREME COURT OF INDIA] 25-08-2026 Central Goods and Services Tax Act, 2017 (CGST Act) — Section 74 — Invocation of extended period of limitation — Requirements — Allegation of fraud, willful misstatement, or suppression of facts — Show Cause Notice (SCN) issued for FY 2018–19 to 2020–21 invoking Section 74 based on audit objections regarding mismatch of Input Tax Credit (ITC) and short payment of tax — Assessee challenged India Law Library Docid # 2450097
(17) UNION OF INDIA AND OTHERS Vs. THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY[SUPREME COURT OF INDIA] 25-08-2026 Customs Act, 1962 — Section 45(1), Section 45(3) & Section 13 — Major Port Trusts Act, 1963 — Sections 42 & 43 — Declaration of Major Port Trust as "custodian" under Customs Act — Scope of saving clause vs. non obstante clause — Commissioner of Customs issued Notification declaring Major Port Trust (MbPT) as custodian under Section 45(1) and holding it liable for duty on pilfered goods under Section 45(3) — High Court quashed the notification holding it ultra vires — Held, India Law Library Docid # 2450098
(18) HARAKCHAND RAVJI SHAH AND OTHERS Vs. CHANDRAKANT KANTILAL BOTADKAR AND OTHERS[BOMBAY HIGH COURT] 25-08-2026 Civil Procedure Code, 1908 (CPC) — Section 8, Section 24 — Presidency Small Cause Courts Act, 1882 — Maharashtra Rent Control Act, 1999 — Section 33 — Applicability of transfer power to Small Causes Court at Mumbai — Section 8 CPC expressly extends Section 24 CPC to Presidency Small Cause Courts — In Greater Mumbai, absence of Civil Judge Senior Division courts renders Section 33(2)(a) transfer provisions under Rent Act inapplicable — Application under Section 24 CPC is the legitimate remedy to India Law Library Docid # 2450186
(19) SHAH CONSTRUCTIONS CO. LTD. Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS[BOMBAY HIGH COURT] 25-08-2026 Brihanmumbai Municipal Corporation Act, 1888 — Section 351 — Unauthorized construction — Claim of protection based on pre-1962 datum line — Failure of proof — Petitioner challenged notices and demolition orders issued by Municipal Corporation for unauthorized structures — Petitioner claimed protection alleging structures existed prior to 1st April 1962 datum line — Court held petitioner failed to produce any sanctioned plan or acceptable document demonstrating existence, nature, or area of origi India Law Library Docid # 2450196
(20) SHIVMOORAT KUSHWAHA Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT] 25-08-2026 Arbitration and Conciliation Act, 1996 — Section 9 — Railway Board Circular No. 11 of 2022 — Clause 8.1 — Interpretation of contract duration — Contract awarded for operation and management of AC Waiting Hall for five years — Contractor sought extension for another five years citing heavy investment and invoking Clause 8.1(v) — Held, contract falls under Clause 8.1(iii) prescribing a 5-year duration and not Clause 8.1(v) dealing with Pay-&-Use Toilets — Contractor cannot claim extension as a mat India Law Library Docid # 2450197