(361) SUBIR BAGAL Vs. SUBHAJYOTI MAJUMDER AND OTHERS[CALCUTTA HIGH COURT] 21-08-2026 Civil Procedure Code, 1908 (CPC) — Section 10 — Stay of suit — Previously instituted suit — Applicability — Opposite parties filed a suit for recovery of khas possession, following which petitioner filed a probate application — Petitioner sought stay of the title suit under Section 10 CPC — Section 10 CPC bars trial of a subsequent suit during pendency of a previously instituted suit — Section 10 CPC cannot be invoked to stay a previously instituted title suit on the ground of a subsequently fil India Law Library Docid # 2450655
(362) DENISH JASUBHAI SANKHALA AND ANOTHER Vs. UNION OF INDIA AND OTHERS[BOMBAY HIGH COURT] 21-08-2026 Constitution of India, 1950 — Article 226 — Public Procurement — Public Sector Undertaking Tender — Tie-breaker mechanism based on annual turnover — Validity — Indian Oil Corporation Limited invited all-India tender for Retail Visual Identity elements across 16 State Offices covering 109 work orders — Challenge to tie-breaking clause prioritizing bidder with higher annual turnover where multiple bidders quote identical L1 rate — Held: Financial capacity is a legitimate consideration in large-sca India Law Library Docid # 2450176
(363) ITC LIMITED Vs. METROPOLITAN STOCK EXCHANGE AND OTHERS[BOMBAY HIGH COURT] 21-08-2026 Constitution of India, 1950 — Article 226 — SEBI Master Circular dated 31st July 2023 — Online Dispute Resolution (ODR) mechanism — Writ jurisdiction to interdict arbitral proceedings at inception — Scope — Petitioner challenged communications compelling participation in ODR arbitration on grounds of limitation, lack of locus, res judicata, maintainability, and absence of jurisdiction — Held, High Court under Article 226 does not exercise appellate power over ODR proceedings and will not interdi India Law Library Docid # 2450177
(364) HABIBULLAH KUMAR Vs. UT OF J&K[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 21-08-2026 J&K Prevention of Corruption Act, 2006 (1949 A.D.) — Section 5(1)(d) read with Section 5(2) — Ranbir Penal Code, 1989 — Section 161 — Illegal gratification — Pre-trap verification of demand — Essential ingredients — Offence of criminal misconduct requires proof of initial demand, voluntary acceptance of bribe, and recovery of tainted money — Trap Laying Officer failed to independently verify the factum of initial demand before laying trap against the accused — Other officials denied contributing India Law Library Docid # 2450297
(365) M/S DINESH KUMAR SHARMA CONSTRUCTIONS PVT. LTD. TH. HARSH KUMAR SHARMA Vs. U. T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 21-08-2026 Constitution of India, 1950 — Article 226 — Government Contracts — Tender Process — Vested Right of L-1 Bidder — Judicial Review — Scope — Petitioner claimed entitlement to contract award as lowest responsive bidder (L-1) — Held, the lowest bidder possesses no indefeasible or vested right to the award of a contract — The tendering authority remains the sole judge of its commercial requirements and is fully empowered to cancel the bidding process for valid and justifiable reasons — Court in exerc India Law Library Docid # 2450303
(366) UNITED INDIA INSURANCE CO. LTD. Vs. MOHAN SINGH AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 21-08-2026 Motor Vehicles Act, 1988 — Section 168 — Civil Procedure Code, 1908 (CPC) — Order XVI — Closing of evidence — Defense of fake driving licence — Insurance company contended that the Tribunal erred in closing its evidence despite the deposit of diet expenses — Record established that the insurer prolonged proceedings for three years and failed to take dasti summons despite specific court directions — Held, an insurer failing to obtain and serve dasti summons cannot claim denial of reasonable oppor India Law Library Docid # 2450304
(367) VISHAL SINGH Vs. THE STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 21-08-2026 Constitution of India, 1950 — Article 226 — Maintainability of writ petition — Disputed questions of title and possession over immovable property — Inter se private dispute — Civil suits pending before competent Civil Court — Petitioner sought writ of certiorari against Municipal Corporation and private respondents to restrain construction — Held, extraordinary writ jurisdiction cannot be converted into a civil suit to resolve complex disputed questions of fact, title, and possession — Dispute i India Law Library Docid # 2450305
(368) ARUN K. THOMAS Vs. NARCOTIC CONTROL BUREAU[KERALA HIGH COURT] 21-08-2026 Constitution of India, 1950 — Articles 21 and 22(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 58 and 187 — Computation of 24-hour rule for production before Magistrate — Distinction between formal arrest and pre-arrest detention — Held, 24-hour mandate under Article 22(2) begins upon formal arrest where pre-arrest restraint or detention is explicitly authorized by statute for inquiry, search, or summons compliance — However, where deprivation of personal liberty before formal arrest India Law Library Docid # 2450311
(369) ASHRAF @ ASHARAF MOULAVI Vs. UNION OF INDIA AND ANOTHER[KERALA HIGH COURT] 21-08-2026 Constitution of India, 1950 — Article 22(1) — Unlawful Activities (Prevention) Act, 1967 — Section 43-B — Written grounds of arrest — Retrospective application of precedent — Appellant arrested on 22.09.2022 challenged arrest alleging non-furnishing of written grounds of arrest — Held, the requirement of mandatory supply of written grounds of arrest laid down in Pankaj Bansal applies prospectively with effect from 03.10.2023 — Non-furnishing of written grounds prior to that date does not render India Law Library Docid # 2450322
(370) MUHAMMED ASHFAQ C Vs. UNION OF INDIA[KERALA HIGH COURT] 21-08-2026 Constitution of India, 1950 — Article 22(1) & 22(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 47, 48, 58 and 187 — Scope of compliance upon arrest — Transit remand — Constitutional safeguards under Article 22(1) operationalised through Sections 47 and 48 BNSS must be complied with when the arrested person is produced before the nearest Magistrate for obtaining transit remand — Scrutiny of compliance cannot be deferred until production before jurisdictional Magistrate — Transit remand India Law Library Docid # 2450377
(371) M/S PRABHA ELECTRICALS THROUGH LRS SMT ANAND PRABHA JAIN Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 21-08-2026 M.P. Rajya Audhyogik Bhumi Avam Audhogik Bhavan Prabandhan Niyam, 2008 — Clause 19(b)(i) and Clause 19(c)(i) — Industrial plot — Lease cancellation — Liability of bank loan — Lease was cancelled on the ground that transferee failed to clear outstanding bank loan of transferor — Held: Clause 19(b)(i) applies to dues of Government Authorities or units acquired by financial institutions, not mere outstanding bank loans — Sub-clause (c)(i) requires an affidavit of liability but does not render the t India Law Library Docid # 2450514
(372) MOSHERS Vs. SHRI MITTAL AGRITECH PVT. LTD.[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 21-08-2026 Arbitration and Conciliation Act, 1996 — Part II — Sections 47, 48 and 49 — Foreign Award — Enforcement and Execution — Single composite proceeding — Petitioner sought enforcement of a foreign arbitral award — High Court held that proceedings for determining enforceability and subsequent execution of a foreign award take place within one and the same composite proceeding — Once a foreign award is declared enforceable, it becomes a deemed decree of the High Court under Section 49 of the Act and d India Law Library Docid # 2450516
(373) NEELAM SHARMA AND OTHERS Vs. AMITA PASSAN AND OTHERS[SUPREME COURT OF INDIA] 21-08-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of plaint — Non-payment of ad-valorem court fee — Scope of inquiry under Order 7 Rule 11 CPC — Court has to consider averments in plaint only — Plaintiffs asserted joint possession of inherited property as co-owners and challenged transfer deed/allotment letter as fraudulent without being executants or parties to it — Plaintiffs sought India Law Library Docid # 2449991
(374) SUKAINA RIZVI Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 21-08-2026 Constitution of India, 1950 — Article 226 — Writ Mandamus — School Uniform Policy — Freedom to wear headscarf in addition to uniform — Private unaided institution affiliated to CBSE — Student sought mandamus directing school to allow headscarf with uniform — So long as a dress code is uniform, bona fide, non-discriminatory, and intended to maintain discipline and institutional identity, the choice of prescribed uniform lies within the domain of the school — Prescribed India Law Library Docid # 2450267
(375) DEEPAK THAKUR Vs. UNION OF INDIA AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 21-08-2026 Constitution of India, 1950 — Article 226 — Service Law — Selection Process — Waiting List — Non-joining of selected candidates — Claim for appointment by candidate next in merit — Candidate applied for post of Assistant Registrar under General Category — Selection process completed and result published — Two selected candidates failed to join — Appellant claimed appointment being next in merit order — Held, in the absence of a statutory provision or rule providing for the preparation or operati India Law Library Docid # 2450734
(376) STATE OF HIMACHAL PRADESH Vs. GAFUR @ PANNU[HIMACHAL PRADESH HIGH COURT] 21-08-2026 Penal Code, 1860 (IPC) — Sections 279 and 304-A — Motor accident — Death of pedestrian — Allegation of rash and negligent driving — Scope of proof — Accused was driving an ambulance that struck a girl crossing the road — Prosecution witnesses admitted that the deceased girl suddenly stepped in front of the moving vehicle — Mechanical inspection confirmed vehicle was in first gear, traveling at 10-15 km/h on its correct side of the road — Prosecution failed to prove rashness or negligence beyond India Law Library Docid # 2450741
(377) KANTA SHARMA Vs. STATE OF HP[HIMACHAL PRADESH HIGH COURT] 21-08-2026 Service Law — Execution Petition — Maintainability — Consideration Order — Fresh Cause of Action — Tribunal directed respondents to consider petitioner's case for promotion — Respondents passed a consideration order rejecting representation, and later granted prospective promotion — Petitioner filed execution petition seeking retrospective benefits — Held, where an authority considers and decides a matter pursuant to court directions, a fresh cause of action arises — The only remedy available to India Law Library Docid # 2450746
(378) BALABHADRA SWAIN Vs. STATE OF ODISHA AND OTHERS[ORISSA HIGH COURT] 21-08-2026 Service Law — Regularization of Service — Continuous Long Service — Absence of Sanctioned Post — Daily Labour Roll (DLR) Workers — Petitioner engaged as DLR worker in 1988 worked continuously for decades — State denied regularization citing non-availability of vacant sanctioned posts — Held, mere absence of a sanctioned post cannot be determinative when the State consciously continues an employee for a prolonged period and extracts regular uninterrupted service — Uninterrupted continuous service India Law Library Docid # 2450380
(379) P.MANOKARAN Vs. S.BALAKRISHNAN[MADRAS HIGH COURT (MADURAI BENCH)] 21-08-2026 Negotiable Instruments Act, 1881 — Sections 138 and 147 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 438 and 442 — Dishonour of Cheque — Compounding of offence during revision — Amicable settlement — Petitioner was convicted under Section 138 and sentenced to imprisonment and compensation, which was affirmed in appeal — During pendency of revision petition, parties amicably resolved their disputes and filed a Joint Memo of Compromise — Offence under Section 138 is compoundable under Sec India Law Library Docid # 2451136
(380) DAYALAN (DIED) AND OTHERS Vs. THALAYARI PANDI AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 21-08-2026 Civil Procedure Code, 1908 (CPC) — Order 6 Rule 17 — Amendment of pleadings — Alteration of nature of suit — Plaintiffs filed suit declaring sale deed in favour of second defendant void — Later sought amendment to include relief of partition and demolition of construction — Dismissal of amendment upheld — Seeking partition introduces a contradictory stand admitting second defendant as co-owner, altering character of suit — Mandatory injunction for demolition was sought belatedly despite knowledg India Law Library Docid # 2451148