(441) POOJA GUPTA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2026 Service Law — Termination of Probationer — Foundation of Misconduct — Necessity of Regular Inquiry — M.P. Civil Services (Classification, Control and Appeal) Rules — Petitioner, appointed on probation as Assistant District Public Prosecution Officer, was removed from service based on allegations of moral turpitude, unsatisfactory ACRs, and unauthorized absence without holding a departmental inquiry — Held, where termination of a probationer is founded on allegations of misconduct or moral turpit India Law Library Docid # 2450520
(442) K.C. TRANSPORT AND ASSOCIATES Vs. THE UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 20-08-2026 Public Procurement — LPG Transportation Contract — Holiday Listing — Allegation of forged vehicle documents — Bona fide purchase and due diligence — Indian Oil Corporation Limited (IOCL) put petitioners on a holiday list alleging trucks supplied lacked matching manufacturer records regarding vehicle make — Petitioners had purchased second-hand vehicles after verifying details on official mParivahan and DigiLocker portals — Held, where documents conform to official portal data recognized by Minis India Law Library Docid # 2450536
(443) SUBHASH CHAND ARORA AND ANOTHER Vs. PAL SINGH KASHYAP AND OTHERS[UTTARAKHAND HIGH COURT] 20-08-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Indian Easements Act, 1882 — Section 62(c) — Limitation Act, 1963 — Rejection of plaint — Limitation — Deemed revocation of license — Defendants argued that the license was granted for a limited period based on loan set-off against monthly license fee and was deemed revoked by efflux of time — Held, Section 62(c) of Easements Act applies only if a limited period is established — Plaint did not specify a fixed period — License was revoked by ex India Law Library Docid # 2450687
(444) SRI SARAT LIKSON Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 20-08-2026 Protection of Children from Sexual Offences Act, 2012 — Section 10 — Aggravated sexual assault — Reliability of victim testimony — Conviction upheld — Appellant, a school Headmaster, squeezed the breasts of a Class IV student — Testimony of the child victim was consistent, natural, and corroborated by immediate disclosures to her family and post-incident distress observed by classmates — Fact that classmates sitting on the same bench did not see the act because they were focused on their work do India Law Library Docid # 2450556
(445) URMILA SINGHA AND ANOTHER Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANOTHER[CALCUTTA HIGH COURT] 20-08-2026 Motor Vehicles Act, 1988 — Section 163A and Section 164 — Fatal accident claim — Enhancement of compensation — Motor vehicles claim legislation is a beneficial statutory scheme — Statutory amendment under Section 164 provides a fixed compensation of Rs. 5,00,000 for fatal accident claims — Claimants held entitled to the enhanced compensation amount of Rs. 5,00,000 along with interest at 6% per annum from the date of filing the claim petition — Judgment and award of the Trial Court modified accor India Law Library Docid # 2450644
(446) SHEKHAR SHANKAR JOSHI Vs. ANITA ARUN BHAVE[BOMBAY HIGH COURT] 20-08-2026 Hindu Law — Joint Family Property — Coparcenary Property — Oral Relinquishment — Transfer of Property Act, 1882 — Section 9 — Registration Act, 1908 — Section 17 — A coparcener can validly relinquish or abandon his/her share or interest in ancestral/joint family property orally without executing a written or registered instrument — There is no statutory requirement under the Transfer of Property Act or Registration Act mandating a written deed for mere extinguishment of interest in joint family India Law Library Docid # 2450178
(447) SAI INNOVATION Vs. JOINT DISTRICT REGISTRAR AND COLLECTOR OF STAMPS AND OTHERS[BOMBAY HIGH COURT] 20-08-2026 Maharashtra Stamp Act, 1958 — Sections 47(c)(5) and 48(1) Proviso — Refund of stamp duty — Registered Development Agreement — Failure of intended purpose — Extended period of limitation — Substantive right to seek refund arises under Section 47 when an instrument fails to achieve its intended purpose — Section 48 provides limitation — Development Agreement where stamp duty is calculated as per Article 25 of Schedule I is at par with an instrument of conveyance for applying the proviso to Section India Law Library Docid # 2450179
(448) OM VITHAL COOPERATIVE HOUSING SOCIETY LIMITED Vs. TRILOGY INFRA PRIVATE LIMITED[BOMBAY HIGH COURT] 20-08-2026 Arbitration and Conciliation Act, 1996 — Section 9 — Redevelopment of Housing Society — Developer vs. Society Rights — Injunction against termination — Developer failed to obtain timely approvals, complete construction, and pay monthly rent to society members despite time extension — Held, developer's commercial interest in earning profits through redevelopment contracts is subservient to the right of society members to have safe and reconstructed homes — Pending arbitration, project cannot be k India Law Library Docid # 2450180
(449) MOHD. ASGAR @ TOLA Vs. UT OF JAMMU & KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Jammu and Kashmir Public Safety Act, 1978 — Section 8(1)(a) — Preventive detention — Maintenance of public order — Distinction between "law and order" and "public order" — Detaining authority relied on eight FIRs registered over twenty years — Most cases resulted in acquittal, clearance during investigation, or related to private family disputes — None of the alleged acts disturbed the even tempo of community life — Law and order issues or private disputes cannot be equated with public order — P India Law Library Docid # 2450287
(450) STATE (NOW UT) OF J&K Vs. SHOWKET HUSSAIN AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Ranbir Penal Code, 1989 — Sections 366, 376 and 109 — Abduction and Rape — Appeal against acquittal — Prosecution alleged that prosecutrix was abducted from market, forcibly transported to Rajouri, and subjected to rape in a hotel — High Court noted serious discrepancies and contradictions in prosecutrix's testimony and evidence on record — Delay of two days in lodging FIR remained unexplained — Absence of independent witnesses to alleged abduction — Findings of Trial Court acquitting accused he India Law Library Docid # 2450306
(451) MS. X Vs. U.T. OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Constitution of India, 1950 — Article 21 — Medical Termination of Pregnancy Act, 1971 — Section 3 — Reproductive choice and bodily integrity — Major victim of sexual assault carrying 20-week pregnancy sought termination — Anguish caused by pregnancy resulting from rape is statutorily presumed to cause grave injury to mental health — Medical Board opined petitioner was physically and mentally fit for the procedure — Held, reproductive choice is an integral facet of personal liberty under Article India Law Library Docid # 2450307
(452) CHAIRMAN, LAKES AND WATERWAYS DEVELOPMENT AUTHORITY (LAWDA), SRINAGAR AND OTHERS Vs. GHULAM NABI KRAIPAK AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 20-08-2026 Jammu and Kashmir Arbitration and Conciliation Act, 1997 — Section 43 — Jammu and Kashmir Limitation Act — Section 14 — Limitation for arbitral claim — Exclusion of time — Respondent bona fide pursued writ petition and intra-court appeal before filing civil suit where reference to arbitration was made — Benefit of Section 14 of Limitation Act is applicable to arbitration proceedings — Furthermore, where appellants voluntarily applied for reference to arbitration in civil suit, they are precluded India Law Library Docid # 2450308
(453) KARNAIL SINGH Vs. RAHUL SINGH SAMBYAL[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 20-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 and Section 197 — Indian Penal Code, 1860 — Sections 504 and 506 — Prosecution of public servant — Requirement of prior sanction — Petitioner, an investigating police officer, was accused in a private complaint of abusing and threatening an advocate during a telephonic conversation concerning an ongoing investigation — Magistrate took cognizance without prior sanction — Held, the alleged acts were intrinsically connected to the official duties o India Law Library Docid # 2450309
(454) AYOOB HUSSAIN AND ANOTHER Vs. TAHASILDAR AND OTHERS[KERALA HIGH COURT] 20-08-2026 Kerala Land Utilisation Order, 1967 — Clause 6 — Constitution of India, 1950 — Article 226 — Missing administrative files — Binding nature of judicial directions — Predecessor filed application under Clause 6 KLU Order — High Court in earlier writ petition issued positive direction to grant permission based on report of Agricultural Officer — Favorable reports were submitted — State pleaded that consequential order was dispatched but file was missing and record of whether application was allowed India Law Library Docid # 2450333
(455) SHANKHPAL NAMDEO Vs. STATE OF M.P. AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2026 Constitution of India, 1950 — Article 226 — Scope of Certiorari Jurisdiction — Supervisory nature — Re-appreciation of evidence — Petitioner challenged cancellation of his appointment as Gram Rojgar Sahayak — High Court held that jurisdiction under Article 226 while issuing a writ of certiorari is supervisory, not appellate — Writ court cannot re-weigh evidence or substitute its view for that of a competent fact-finding authority — Findings of fact are immune from interference unless perverse or India Law Library Docid # 2450511
(456) SITARAM AHIRWAR AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2026 Constitution of India, 1950 — Article 226 — M.P. Industrial Employment (Standing Orders) Act, 1961 — Standard Standing Orders — Status of permanent employee — Disputed factual questions — High Court in writ jurisdiction cannot declare contractual employees as permanent labourers or record a finding of continuous service exceeding 240 days in a calendar year without documentary evidence. The determination of permanent status under Standing Orders involves disputed questions of fact and falls stri India Law Library Docid # 2450512
(457) ANIL MADHAV CHINCHOLKAR Vs. THE CENTRAL BANK OF INDIA AND OTHERS[MADHYA PRADESH HIGH COURT] 20-08-2026 Central Bank of India Employees' Pension Regulations, 1995 — Regulation 33 — Compulsory retirement — Reduction of pension — Mandatory requirement of prior consultation with Board of Directors — Petitioner compulsorily retired and granted two-thirds pension by General Manager — Bank failed to demonstrate prior consultation with Board of Directors — Held, Regulation 33(1) and 33(2) must be read conjointly — Prior consultation with Board is a mandatory statutory safeguard before curtailing pension India Law Library Docid # 2450515
(458) YASH MAHESH GAIKWAD Vs. STATE OF MAHARASHTRA AND ANOTHER[SUPREME COURT OF INDIA] 20-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 439 —Penal Code, 1860 (IPC) — Sections 302, 307, 323, 109, 504 and 506 read with Section 34 — Grant and Cancellation of Bail — Premeditated and brutal attack — Common Intention — Assailants arrived together in a vehicle at night carrying a can of petrol, launched repeated threats at the victim's residence, and set the victim ablaze after dousing him in petrol while co-accused recorded the act — High Court and trial court granted bail to co-accused ( India Law Library Docid # 2449990
(459) CHANDER KANTA AND OTHERS Vs. VIRENDER GUPTA[HIMACHAL PRADESH HIGH COURT] 20-08-2026 Civil Law — Co-sharers — Right to raise construction on joint property — Principles summarized — A co-owner cannot be restrained from raising construction on joint land merely on account of being a co-owner, unless the act amounts to ouster prejudicial to non-possessing co-owners, diminishes the utility or value of property, or causes material injury to their enjoyment. Injunction relief is discretionary and governed by principles of equity, justice, and balance of convenience. India Law Library Docid # 2450742
(460) KALE RAM Vs. STATE OF HP[HIMACHAL PRADESH HIGH COURT] 20-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 397 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 438 — Revisional Jurisdiction — Scope and Contours — Revisional court does not act as an appellate court and cannot re-appreciate evidence or substitute its conclusion on factual findings of lower courts — Interference is permissible only where lower court findings are perverse, grossly erroneous, glaringly unreasonable, based on no material, or omit relevant material, resulting in gross misca India Law Library Docid # 2450744