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(761) SHIVAPPA Vs. SHANTAVVA AND OTHERS[SUPREME COURT OF INDIA] 13-08-2026 Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, India Law Library Docid # 2448946
(762) NAZIM SHAIKH HASAN Vs. NASIR MUSHTAQ SHAIKH AND OTHERS[SUPREME COURT OF INDIA] 13-08-2026 Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting India Law Library Docid # 2448947
(763) BALKU ORAM Vs. STATE OF ODISHA[SUPREME COURT OF INDIA] 13-08-2026 Penal Code, 1860 (IPC) — Section 302 read with 34 — Murder — Witch-hunting — Sole eyewitness testimony — Corroboration — Appellant along with co-accused dragged deceased out of her house on allegation of practicing witchcraft and brutally assaulted her with lathis, causing her death — Incident witnessed by 15-year-old daughter of deceased (P.W.3) — Reliability of sole witness — Held, direct ocular evidence India Law Library Docid # 2448948
(764) DHARMENDRA YADAV Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 13-08-2026 Penal Code, 1860 — Sections 302 and 201 — Murder of wife and causing disappearance of evidence — Circumstantial evidence — Chain of circumstances — Deceased wife taken to matrimonial home by appellant-husband after returning from abroad — Dead body found within seven days on canal bank near matrimonial home — Hostility of local witnesses — Significance — Held, when an incident occurs India Law Library Docid # 2449288
(765) RAJEEV KUMAR Vs. THE STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 13-08-2026 Constitution of India, 1950 — Article 226 — Disputed questions of fact — Service Law — Non-payment of salary — Scope of writ jurisdiction — Petitioner appointed on compassionate grounds claimed continuous service and sought payment of arrears of salary — Respondent University contended that petitioner worked only till 05.09.2018 and remained continuously absent thereafter — Held, the High Court in India Law Library Docid # 2449289
(766) SHAMIMBANU MO ARIF SHAIKH AND OTHERS Vs. TUSHAR HASMUKHBHAI CHAUDHARI AND OTHERS[GUJARAT HIGH COURT] 13-08-2026 Motor Vehicles Act, 1988 — Section 168 — Contributory negligence of pedestrian — Duty of care while crossing road — Deceased was crossing a road on a bridge at night when hit by a high-speed motorcycle — Tribunal attributed 20% contributory negligence to the deceased pedestrian — Held — FIR and evidence established the deceased was crossing the road rather than standing on the footpath/edge — While India Law Library Docid # 2449482
(767) RAMASHISH YADAV @ CHALITAR YADAV @ ANGAD JEE @ CHARITAR YADAV @ SURAJ YADAV Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 13-08-2026 Constitution of India, 1950 — Article 21 — Unlawful Activities (Prevention) Act, 1967 — Grant of Regular Bail — Delay in trial and prolonged incarceration — Accused in custody since March 2023 under serious offences including UAPA and Explosive Substance Act — Slow progress in trial with only four out of nine witnesses examined since charge framing — Right to speedy trial under Article 21 takes precedence over statutory restrictions on bail — Statutory bars yield to constitutional guarantee of p India Law Library Docid # 2449494
(768) MERGU CHANDER Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 13-08-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Pre-arrest bail — Parameters for grant — Court is not required to conduct a mini-trial or adjudicate disputed facts — Relevant considerations include the nature and gravity of the accusation, specific role attributed to the applicant, likelihood of absconding or tampering with evidence, and the necessity of custodial interrogation — Power to arrest cannot be exercised mechanically merely because an offence is cognizable — Necessity of arre India Law Library Docid # 2450101
(769) MUNICIPAL CORPORATION OF GREATER MUMBAI Vs. SANGEETA DEVDAS SALVI AND OTHERS[BOMBAY HIGH COURT] 13-08-2026 Minimum Wages Act, 1948 — Sections 2(i), 2(h) & 20(2) — Community Health Volunteers — Definition of "employee" and "wages" — Entitlement to minimum wages — Municipal Corporation engaged part-time Community Health Volunteers (CHVs) on fixed honorarium for executing public health programs — Corporation denied minimum wages claiming CHVs were volunteers without employer-employee relationship — Held, the term "employed" under Section 2(i) wide enough to include any person receiving remuneration for India Law Library Docid # 2450194
(770) MANDAR SHASHIKANT JADHAV AND OTHERS Vs. CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD. AND OTHERS[BOMBAY HIGH COURT] 13-08-2026 Maharashtra Regional and Town Planning Act, 1966 — Section 118 — Unified Development Control and Promotion Regulations, 2020 — Lease of residential plots by CIDCO — Challenge to multi-storey development and plot amalgamation — Petitioners, allottees under 2002 and 2011 low-rise bungalow schemes, challenged CIDCO's 2020-2021 scheme permitting high-rise construction and amalgamation — Held, the 2020-2021 scheme is an independent scheme governed by UDCPR, 2020 — CIDCO as planning authority retains India Law Library Docid # 2450195
(771) SATENDRA SIWAL Vs. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-08-2026 Constitution of India, 1950 — Article 227 — National Investigation Agency Act, 2008 — Section 21 — Maintainability of petition — Order framing charges by Special Court (NIA) — Preliminary objection raised regarding statutory appeal — Held, an order framing charge is not an interlocutory order — Statutory appeal lies before a Division Bench of the High Court under Section 21 of the NIA Act — Article 227 petition before a Single Judge Bench cannot be entertained when a statutory remedy of appeal b India Law Library Docid # 2450821
(772) HIRENDRA KUSHWAHA Vs. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-08-2026 Penal Code, 1860 (IPC) — Section 498-A — Cruelty — Matrimonial discord — Absence of child — Taunting wife as "barren woman" — The complainant alleged mental cruelty due to taunts for childlessness — The evidence revealed mutual altercations where the complainant also called her husband impotent — Mere taunts regarding childlessness or calling a woman "barren", without wilful conduct driving her to suicide, causing grave health injury, or coercing dowry demands, do not satisfy the statutory defin India Law Library Docid # 2450832
(773) RANJEET Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-08-2026 Penal Code, 1860 (IPC) — Section 302 and Section 304-B — Criminal Procedure Code, 1973 (CrPC) — Section 216 — Dowry death — Alternate charge — Framing of charge under Section 302 IPC alongside dowry death charges is permissible where distinct medical evidence pointing to homicidal throttling is available on record — Charge should not be framed mechanically, but where sufficient material exists and full opportunity is provided to accused to defend, no prejudice is caused — Conviction under Sectio India Law Library Docid # 2450843
(774) RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SMT. BABITA AND OTHERS[UTTARAKHAND HIGH COURT] 13-08-2026 Motor Vehicles Act, 1988 — Section 173 — Claim Compensation — Deduction towards personal and living expenses — Standardized deductions — Deceased survived by 2 to 3 dependent family members — Tribunal deducted 1/4th from income assessing four dependents — Re-assessment of deduction — Held, as laid down in Sarla Verma, where the deceased was married and the number of dependent family members is 2 to 3, the deduction towards personal and living expenses must be one-third (1/3rd) — Tribunal erred i India Law Library Docid # 2450691
(775) CONSTABLE 627 C.P. HEMRAJ SINGH MEHRA Vs. STATE OF UTTARAKHAND AND ANOTHER[UTTARAKHAND HIGH COURT] 13-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 415, 417 and 420 — Cheating — Departmental selection test — Quashing of proceedings — Police constable accused of fraudulently claiming success in physical ability test for promotion — Charge sheet filed under Sections 417 and 420 IPC — Merely securing successful candidate status in a departmental promotion race does not attract the ingredients of cheating under Section 415 IPC in the absence of delivery of pr India Law Library Docid # 2450701
(776) RAVIKANT SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 13-08-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Indian Penal Code, 1860 — Sections 419, 420, 467, 468, 471, 120-B — Information Technology Act, 2000 — Sections 66(C), 66(D) — Quashing of criminal proceedings — Settlement of monetary dispute — Applicant sought quashing of charge-sheet and proceedings emanating from FIR — Complainant filed affidavit affirming full settlement of dispute upon receiving the involved amount — Parties confirmed settlement during personal interaction with Court — H India Law Library Docid # 2450705
(777) MAYURI D/O BHAGVANDAS PANCHAL W/O PRAVINBHAI KALMA Vs. STATE OF GUJARAT AND ANOTHER[GUJARAT HIGH COURT] 13-08-2026 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(viii) — Criminal Procedure Code, 1973 (CrPC) — Section 482 — Offence of instituting false, malicious or vexatious proceedings — Distinction between "not proved" and "false" — De facto complainant acquitted in prior FIR filed by applicant — Held, acquittal in criminal trial does not automatically make the complaint false or malicious — There is a clear distinction between a charge being not proved and being India Law Library Docid # 2450450
(778) UNION OF INDIA Vs. TAMIJ UDDIN AND ANOTHER[GUJARAT HIGH COURT] 13-08-2026 Railways Act, 1989 — Section 123(c)(2) — Untoward incident — Beneficial legislation — Accidental falling from train — Deceased fell from running train due to sudden jerk, jolt, and heavy rush of passengers — Railways Act is a beneficial piece of legislation requiring a liberal and wider interpretation advancing its statutory object — Accidental falling of a passenger from a train carrying passengers, whether falling while inside or during boarding/alighting, constitutes an "untoward incident" un India Law Library Docid # 2450461
(779) AHMEDABD MUNICIPAL CORP. AND ANOTHER Vs. MAHENDRA SUDHAKAR PASI AND OTHERS[GUJARAT HIGH COURT] 13-08-2026 Gujarat Town Planning and Urban Development Act, 1976 — Sections 65, 67 and 68 — Civil Procedure Code, 1908 (CPC) — Section 9 — Jurisdiction of Civil Court — Finality of Town Planning Scheme — Plaintiffs filed suits challenging varied Town Planning Scheme and seeking eviction protection — Held, once a Town Planning Scheme is finalized and sanctioned by the State Government under Section 65, it assumes the character of a statute — Under Section 67, all rights in original plots stand extinguished India Law Library Docid # 2450470
(780) PATHIMIDI JANARDHAN REDDY Vs. THE STATE OF TELANGANA[TELANGANA HIGH COURT] 13-08-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Bharatiya Nyaya Sanhita, 2023 — Sections 318(4), 338, 336(3), 340(2) and 61(2) — Anticipatory Bail — Forgery of General Power of Attorneys — Scope of inquiry at interlocutory stage — Petitioner accused of fabricating GPAs to institute proceedings before the Endowments Tribunal — Held, at the stage of considering an application for anticipatory bail, the Court is not required to meticulously examine evidence or render conclusive findings re India Law Library Docid # 2450149