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(781) BALWAN Vs. STATE OF HARYANA[PUNJAB AND HARYANA HIGH COURT] 13-08-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bharatiya Nyaya Sanhita, 2023 — Arms Act, 1959 — Grant of regular bail — Purchase of stolen police weapon — Offence triable by Magistrate carrying maximum sentence up to seven years — Petitioner in custody for nearly three months with clean antecedents — Stolen weapon recovered and no further recovery required — Trial unlikely to conclude soon and detention serving no purpose — Accused entitled to regular bail subject to conditions.
India Law Library Docid # 2450237

(782) M/S S.B.M. SENIOR SECONDARY SCHOOL AND OTHERS Vs. APPELLATE AUTHORITY AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 13-08-2026
Payment of Gratuity Act, 1972 — Section 7(7) — Limitation Act, 1963 — Section 5 — Statutory appeal — Condonation of delay — Jurisdiction of Appellate Authority — Appeal filed nearly 574 days after order of Controlling Authority — Held, Section 7(7) creates a mandatory scheme prescribing an initial period of 60 days for filing an appeal, extendable by a further maximum period of 60 days on sufficient cause — Appellate Authority is a creature of statute and lacks jurisdiction to condone delay beyo
India Law Library Docid # 2450239

(783) JAIDEV PATHAK AND OTHERS Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT] 13-08-2026
Constitution of India, 1950 — Articles 16 and 309 — M.P. Police Executive (Non-Gazetted) Service Recruitment Rules, 1997 — Rule 6(8)(ii) — Recruitment Examination for Subedar/Sub-Inspector Cadre — Nature of 15% In-Service Quota — Distinction from Vertical and Horizontal Reservations — The 15% allocation for in-service police personnel framed under Article 309 is a specialized, source-specific departmental service quota. It is neither a vertical reservation under Article 16(4) nor a standard open
India Law Library Docid # 2450523

(784) SURESH KUMAR Vs. SMT. ANEETA[MADHYA PRADESH HIGH COURT] 13-08-2026
Criminal Procedure Code, 1973 (CrPC) — Section 125 and Section 125(4) — Maintenance to wife — Allegation of adultery — Failure to evaluate electronic evidence — Family Court granted monthly maintenance to wife without considering the full transcript and CD produced by husband to establish adultery under Section 125(4) — Held, adultery directly impacts entitlement to maintenance — Where electronic evidence like call recordings and transcripts are produced to substantiate allegations of living in
India Law Library Docid # 2450528

(785) MD. SAHIDUL RAHMAN @ SAHIDUL HAQUE Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 13-08-2026
Foreigners Act, 1946 — Section 9 — Citizenship Act, 1955 — Section 3(1)(b) — Foreigners Tribunal — Evaluation of Evidence — Failure to appreciate birth certificate — Petitioner claimed citizenship by birth relying on birth certificate (Exhibit A) indicating birth in 1992, along with voter lists and testimonies — Foreigners Tribunal declared petitioner a foreigner without evaluating or discussing the birth certificate — Held, non-consideration of crucial documentary evidence produced to discharge
India Law Library Docid # 2450549

(786) NATIONAL INSURANCE COMPANY LIMITED Vs. MOHEN SAIKIA AND OTHERS[GAUHATI HIGH COURT] 13-08-2026
Motor Vehicles Act, 1988 — Sections 145(b) and 147(3) — Insurance Act, 1938 — Section 64VB — Commencement of insurance coverage — Cover note specified effective time and date of commencement as 06:00 PM on 09.05.2003 — Accident occurred earlier at 08:40 AM on same date — Held, when cover note or policy expressly mentions specific time and date for commencement of risk, insurance policy becomes effective only from that time — Insurer is not liable for accidents occurring prior to express time of
India Law Library Docid # 2450553

(787) YATINDRA MOHAN BAHUGUNA AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 13-08-2026
Protection of Children from Sexual Offences Act, 2012 — Section 6 — Evidentiary value of child witness — Susceptibility to tutoring in matrimonial disputes — Allegation of sexual abuse by father — Minor victim residing exclusively with mother during ongoing marital discord — Held, a child witness in the custody of an aggrieved parent involved in a bitter marital conflict is highly susceptible to tutoring and harboring induced malice against the other parent — Where the child's court testimony ap
India Law Library Docid # 2450854

(788) AMITA SINGH Vs. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 13-08-2026
Penal Code, 1860 (IPC) — Sections 498-A and 304-B — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Dowry death — Absence of demand soon before death — Reversal of conviction — Customary presents given at the time of marriage without any demand do not constitute dowry under Section 3 of the Dowry Prohibition Act. To attract Section 304-B IPC, cruelty or harassment for dowry soon before death must be established. Belated allegations raised after the victim's death, without proof of prior demands
India Law Library Docid # 2450865

(789) PRABHU SINGH Vs. UNION OF INDIA AND OTHERS[ALLAHABAD HIGH COURT] 13-08-2026
Central Reserve Police Force Rules, 1955 — Rule 15 — Central Civil Services (Conduct) Rules, 1964 — Rule 21 — Misconduct — Plural Marriage — Petitioner, a CRPF Constable, contracted a second marriage during the subsistence of his first marriage without prior permission from the department or obtaining a decree of divorce — Rule 15 of CRPF Rules and Rule 21 of CCS Conduct Rules strictly prohibit government servants from contracting a second marriage while having a living spouse, unless permitted
India Law Library Docid # 2450876

(790) M/S WONDER ENTERPRISES Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 13-08-2026
U.P. Goods and Services Tax Act, 2017 — Section 161 — Rectification of errors apparent on record — Adjudicating Officer passed ex-parte order without considering petitioner's replies — Subsequently passed a second order under Section 161 attempting to consider replies ex-parte — Held, Section 161 allows rectification of errors apparent on the face of record but does not empower the authority to conduct a review on merits — Passing a fresh ex-parte adjudication order under the guise of rectificat
India Law Library Docid # 2450878

(791) PAZHANATHAL (DEAD) THROUGH LRS. AND OTHERS Vs. ALAMATHAL (DEAD) THROUGH LRS. AND OTHERS[SUPREME COURT OF INDIA] 13-08-2026
Succession Act, 1925 — Section 63(c) — Evidence Act, 1872 — Sections 68 and 69 — Proof of execution and attestation of Will — Invocation of Section 69 — Mandatory conditions — Propounder must first establish that no attesting witness can be found or is available before invoking Section 69 — Failure to lead cogent evidence
India Law Library Docid # 2449023

(792) TAHER VAJIYUDDIN RANGWALA AND ANOTHER Vs. THE STATE OF GUJARAT[SUPREME COURT OF INDIA] 13-08-2026
Penal Code, 1860 (IPC) — Section 302, 201 read with Section 120B — Circumstantial evidence — Failure to prove homicidal death — Medical evidence leaning towards accidental drowning — Reversal of conviction — The prosecution alleged that the appellants murdered their friend by hitting him with a broken soda bottle and drowning him in a river, relying on circumstantial evidence including last seen together theory,
India Law Library Docid # 2449024

(793) M/S INDO ENGINEERING WORKS Vs. RASHTRIYA ISPAT NIGAM LIMITED (RINL) AND OTHERS[SUPREME COURT OF INDIA] 13-08-2026
Micro, Small and Medium Enterprises Development Act, 2006 — Section 8 — Referral to Arbitrator — Reference of legal issue to Larger Bench — Waiver of MSMED Act benefits upon consent to regular arbitration — Appellant, a small-scale industry, approached the Facilitation Council for arbitration without having filed a memorandum under Section 8 of the MSMED Act — High Court stalled proceedings citing a pending reference to a larger bench of the Supreme Court regarding Section 8 memorandum requireme
India Law Library Docid # 2449362

(794) AWADH DENTAL COLLEGE & HOSPITAL Vs. STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 13-08-2026
Constitution of India, 1950 — Article 226 — Administrative Law — Principles of Natural Justice — Show Cause Notice — Cancellation of Essentiality Certificate — State Government cancelled dental college's Essentiality Certificate citing irregular BDS admissions and failure to build required infrastructure — Infrastructure deficiency was not specified in show cause notice — Held, show cause notice is not an empty formality and must clearly mention proposed grounds to afford reasonable opportunity
India Law Library Docid # 2449496

(795) DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY AND ANOTHER Vs. UMA DEVI AND OTHERS[JHARKHAND HIGH COURT] 13-08-2026
Motor Vehicles Act, 1988 — Section 167 — Employee's Compensation Act, 1923 — Choice of Forum — Option regarding compensation — Claimants initially filed petition under Section 166 of MV Act, which was withdrawn with liberty to approach Workmen's Compensation Commissioner without decision on merits — Held, Section 167 restricts double recovery or concurrent proceedings under both Acts — Since the previous application under MV Act was not decided on merits, a subsequent claim petition under the Em
India Law Library Docid # 2449497

(796) LRS OF LATE SMT. RASAL KANWAR AND ANOTHER Vs. LRS OF LATE LAXMAN SINGH AND OTHERS[RAJASTHAN HIGH COURT] 13-08-2026
Criminal Procedure Code, 1973 (CrPC) — Section 341 read with Section 195 — Civil Procedure Code, 1908 (CPC) — Section 104(1) — Maintainability of appeal — Rejection of application under Section 340 Cr.P.C. by Civil Court — Application filed during pendency of civil suit alleging fabrication of document — Held, an order passed by a Civil Court on an application under Section 340 Cr.P.C. is amenable to the appellate jurisdiction of the Civil Court — Civil Miscellaneous Appeal under Section 104(1)
India Law Library Docid # 2449571

(797) SUMIT NANDA Vs. RITI MAHAJAN[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 13-08-2026
Guardians and Wards Act, 1890 — Sections 7 and 17 — Hindu Minority and Guardianship Act, 1956 — Sections 6 and 13 — Custody of minor — Paramount consideration — Both parents are natural guardians, but statutory parental entitlements do not confer an indefeasible right to custody — Controlling consideration in all custody matters remains the welfare and best interests of the minor — Provisions of 1956 Act are supplemental to 1890 Act and must be read conjointly — A child is neither property nor a
India Law Library Docid # 2450298

(798) BASHIR AHMAD GANAI Vs. STATE OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 13-08-2026
Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Discretionary Relief — Clean Hands Doctrine — Petitioner challenged an order of the respondent-Corporation treating a portion of his absence period as 'dies non' — Petitioner submitted a forged medical certificate to justify unauthorized absence from service — Verification revealed tampering with the certificate — Held, High Court under Article 226 is a court of equity as well as law — Discretionary writ jurisdiction cannot be exerc
India Law Library Docid # 2450299

(799) PRASANTH T Vs. STATE OF KERALA[KERALA HIGH COURT] 13-08-2026
Penal Code, 1860 (IPC) — Sections 302, 364, 404, 201 and 297 — Circumstantial Evidence — Proof of guilt — Appeal against conviction and sentence — Murder case resting entirely on circumstantial evidence — Standard of proof — Prosecution established an unbroken chain of circumstances including secret intimate relationship, money transfers, secret journey, last seen together evidence, mobile call details/tower location analysis, internet search history prior to incident, exhumation of body based o
India Law Library Docid # 2450319

(800) XXXX Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 13-08-2026
Penal Code, 1860 (IPC) — Section 375, Section 376(3) — Protection of Children from Sexual Offences Act, 2012 — Section 5(l) and Section 6 — Penetrative sexual assault — Intact hymen and absence of medical injury — Effect of — Accused contended that intact hymen and absence of medical evidence disproved penetrative sexual assault — Held, rupture of hymen or physical injury to private parts is not mandatory to constitute rape or penetrative sexual assault — Slightest penetration of male organ into
India Law Library Docid # 2450323

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