(941) KALLU @ DRAGPAL SINGH RATHORE Vs. THE STATE OF M.P AND OTHERS[MADHYA PRADESH HIGH COURT] 11-08-2026 Penal Code, 1860 (IPC) — Sections 376 and 366/34 — Protection of Children from Sexual Offences Act, 2012 — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(5) — Trial court acquitted appellants under POCSO Act upon finding prosecutrix was over 18 years at time of incident — State did not appeal against findings on age — High Court evaluated case on premise that prosecutrix was a major — Prosecution required to establish lack of consent and forcible abduct India Law Library Docid # 2450526
(942) DR. BOBBY GOSWAMI BARUAH Vs. UNION OF INDIA AND OTHERS[GAUHATI HIGH COURT] 11-08-2026 Passports Act, 1967 — Section 6(2)(f) — Pendency of criminal proceedings — Meaning and scope — Refusal of passport renewal — Police submitted adverse verification report due to registration of FIR and submission of charge-sheet — Held, mere registration of an FIR or laying of a charge-sheet by police without placing it before a court does not amount to pendency of criminal proceedings — Criminal proceedings are pending only when a court of competent jurisdiction takes cognizance of the offence — India Law Library Docid # 2450539
(943) AMIT KAUSHAL Vs. STATE OF UTTARAKHAND[UTTARAKHAND HIGH COURT] 11-08-2026 Evidence Act, 1872 — Section 106 — Burden of proving fact especially within knowledge — Scope — Section 106 does not relieve prosecution of its duty to prove guilt of accused beyond reasonable doubt — Section 106 cannot be invoked to shift burden of proof or make up for prosecution's inability to establish prima facie case — Section 106 applies only when prosecution establishes facts pointing to guilt, leaving certain facts pre-eminently within knowledge of accused — Burden does not shift to acc India Law Library Docid # 2450685
(944) STATE OF ASSAM AND ANOTHER Vs. TAJ UDDIN LASKAR AND OTHERS[GAUHATI HIGH COURT] 11-08-2026 Constitution of India, 1950 — Article 226 — Code of Civil Procedure, 1908 — Order 47 Rule 1 — Review Jurisdiction — Plenary power of High Court — Re-hearing on merits impermissible under guise of review — High Court as a court of record possesses inherent plenary powers under Article 226 to correct its records. However, review jurisdiction must be exercised sparingly, following the principles of Code of Civil Procedure, 1908. Review is maintainable only upon an error apparent on the face of the India Law Library Docid # 2450564
(945) SABITA KARMAKAR BORAH Vs. JHUN JHUN KUMARI[GAUHATI HIGH COURT] 11-08-2026 Civil Procedure Code, 1908 (CPC) — Section 47 — Scope of Executing Court's jurisdiction — Objection to execution on ground of decree being a nullity due to fraud — Held, while the general proposition is that the Executing Court cannot go beyond the decree, an exception exists where a decree is a nullity or void ab initio — A decree obtained by playing fraud upon the Court is a nullity and non est in the eye of law — Executing Court can examine and determine the question of nullity of a decree on India Law Library Docid # 2450571
(946) MD. MATIUR RAHMAN Vs. THE STATE OF WEST BENGAL AND OTHERS[CALCUTTA HIGH COURT] 11-08-2026 Constitution of India, 1950 — Article 226 — Writ Jurisdiction — Non-functional Tribunal — Petitioner challenged inordinate continuance of suspension before West Bengal Administrative Tribunal — Tribunal became non-functional for want of a member — Petitioner invoked High Court's writ jurisdiction relying on Supreme Court decision in Rojer Mathew v. South Indian Bank Ltd. — High Court entertained writ petition as petitioner was rendered remediless due to non-functional Tribunal. India Law Library Docid # 2450638
(947) JANKI DEVI AND OTHERS Vs. CENTRAL COALFIELDS LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR NAMELY SRI NILENDU KUMAR SINGH AND OTHERS[JHARKHAND HIGH COURT] 11-08-2026 Service Law — Compassionate Appointment — Constitutional Validity — Articles 14 and 16 of the Constitution — Compassionate appointment is an exception to the regular mode of recruitment governed by public employment principles — Object is to enable the family of a deceased employee to tide over sudden financial crisis arising from the loss of the breadwinner — Such appointment is not an automatic or vested right — Long lapse of time dilutes the immediacy required for grant of compassionate emplo India Law Library Docid # 2449502
(948) KAMLESH NAIK @ KAMLESH NAYAK Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 11-08-2026 Penal Code, 1860 (IPC) — Section 304(II) — Culpable homicide not amounting to murder — Brutal assault on vital organs — Conviction affirmed — Appellant assaulted deceased with hard blunt substance causing multiple internal injuries including fractured ribs, ruptured spleen, and ruptured intestines, causing death — Defense contended lack of intention and sought benefit of probation — Medical evidence confirmed ante-mortem blunt force injuries to vital organs — High Court held that inflicting seve India Law Library Docid # 2449504
(949) PARMANAND SINGH AND ANOTHER Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 11-08-2026 Penal Code, 1860 (IPC) — Section 188 — Criminal Procedure Code, 1973 (CrPC) — Section 195 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Violation of Model Code of Conduct — Cognizance without written complaint — Proceedings instituted via FIR by Flying Squad Officer alleging unauthorized meeting during elections — Held, Section 195 CrPC mandates a written complaint by the public servant whose lawful order is disobeyed for taking cognizance under Section 188 IPC — No order promulgate India Law Library Docid # 2449505
(950) LULU HYPER MARKET PVT.LTD. Vs. THE DISTRICT COLLECTOR AND OTHERS[KERALA HIGH COURT] 11-08-2026 Kerala Conservation of Paddy Land and Wetland Rules, 2008 — Rules 4(4e) and 4(4f) — Form 5 Application — Removal from Data Bank — Procedure — Revenue Divisional Officer (RDO) allowed Form 5 applications for removing land from Data Bank without obtaining report from Agricultural Officer — Held, procedure under Rule 4(4e) and 4(4f) is statutorily ordained and mandatory — RDO cannot leapfrog directly to Rule 4(4f) without report from Agricultural Officer — High Court cannot substitute legislative p India Law Library Docid # 2450356
(951) SAVE A FAMILY PLAN INDIA Vs. UNION OF INDIA AND OTHERS[KERALA HIGH COURT] 11-08-2026 Foreign Contribution (Regulation) Act, 2010 — Sections 12(5) & 16(3) — Renewal of FCRA registration — Requirement to communicate reasons for refusal — Rejection order merely citing statutory provisions without stating reasons is arbitrary, perverse, and unsustainable — Furnishing reasons is an indispensable component of sound judicial system and good governance — Mere reliance on a Central Security Agency report does not grant absolute immunity from disclosing reasons unless bona fide national s India Law Library Docid # 2450371
(952) SHOBANA V V Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 11-08-2026 Kerala Anti-Social Activities (Prevention) Act, 2007 — Sections 3(1), 9 and 10(4) — Preventive Detention — Non-consideration of detenu's representation by Advisory Board — Duty of Government to independently consider representation — Detenu's representation submitted to Government was forwarded to Advisory Board, but omitted from consideration in the Board's report — Government obliged to independently and meaningfully consider the representation before confirming detention under Section 10(4) — India Law Library Docid # 2450373
(953) STATE OF CHHATISGARH AND ANOTHER Vs. M/S JAYA KITS UDYOG, MORENA[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 11-08-2026 Civil Procedure Code, 1908 (CPC) — Section 20(c) — Sale of Goods Act, 1930 — Section 39 — Territorial Jurisdiction — Cause of Action — Goods supplied under contract — Delivery of goods to carrier at Morena for transmission to buyer — Under Section 39 of Sale of Goods Act, delivery of goods to carrier is deemed to be delivery to buyer — Since purchase order was received, goods were delivered to carrier, and payment was received at Morena, part of cause of action arose within local limits of Court India Law Library Docid # 2450506
(954) KUCHARLAPATI SASANKA VARMA Vs. THE STATE OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 11-08-2026 Constitution of India, 1950 — Article 226 — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 173(1), 173(4) & 175(3) — Non-registration of FIR — Maintainability of Writ Petition — Petitioner filed writ petition alleging inaction by police in registering FIR and seeking direction to register criminal case — Held, extraordinary writ jurisdiction under Article 226 should not ordinarily be invoked when alternative, equally efficacious statutory remedies under BNSS, 2023 exist — Complainant India Law Library Docid # 2449815
(955) GUNTUR MUNICIPAL CORPORATION Vs. EMPLOYEES STATE INSURANCE CORPORATION AND OTHERS[ANDHRA PRADESH HIGH COURT] 11-08-2026 Employees' State Insurance Act, 1948 — Section 1(5) — Extension of ESI Act to Municipal Corporations — Internal circular versus statutory notification — Departmental circular issued in 2007 instructed urban local bodies to make ESI contributions for contractual workers — Formal notification under Section 1(5) was published only on 19.04.2023 — Held, administrative circulars cannot substitute a statutory notification published in Official Gazette — Provisions of ESI Act extended to municipal bodi India Law Library Docid # 2449817
(956) JITENDRA SINGH Vs. UNION OF INDIA[ANDHRA PRADESH HIGH COURT] 11-08-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), Section 28 and Section 37 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 and 483 — Regular Bail — Commercial Quantity — Seizure of 33.590 Kgs of ganja — Petitioner in judicial custody for 351 days — Investigation completed and charge sheet filed within 180 days — Mandatory conditions under Section 37 not satisfied — No reasonable grounds to believe accused is not guilty — Absence of criminal antecedents alone India Law Library Docid # 2449818
(957) APSRTC Vs. MAVILLA SUJEEVANA AND OTHERS[ANDHRA PRADESH HIGH COURT] 11-08-2026 Motor Vehicles Act, 1988 — Section 173 — Motor accident claim — Contributory negligence — Burden of proof — Bus belonging to Transport Corporation collided with a motorcycle — Corporation pleaded contributory negligence on the part of the deceased motorcyclist — Transport Corporation failed to produce independent evidence, such as testimony of bus passengers, or file a rough sketch to establish its defense — Held, the burden of proving contributory negligence lies on the party asserting it — In India Law Library Docid # 2449820
(958) BODDU NAGESWARARAO Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 11-08-2026 Penal Code, 1860 (IPC) — Sections 300 (Fourthly) and 302 — Murder — Poisoning consumable liquid to prevent theft — Accused deliberately mixed Monocrotophos insecticide in toddy pot tied to palmyra tree to stop stealthy consumption — Consumption resulted in two deaths and illness of five persons — Defence plea of no intention to target specific individuals seeking conversion to Section 304 IPC — Held: Act of mixing highly toxic insecticide in consumable liquid is inherently and imminently dangero India Law Library Docid # 2449822
(959) SHRI MANSAN MANIK SYIEM Vs. THE KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND OTHERS[MEGHALAYA HIGH COURT] 11-08-2026 Khasi Hills Autonomous District (Appointment and Succession of Syiem, Deputy Syiem, Electors and Rangbah Shnong of Mylliem Syiemship) Act, 2007 — Section 26 — United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 — Repeal and Annulment — Applicability of earlier statute — Section 26 of 2007 Act expressly annulled 1959 Act regarding Hima Mylliem — Effect of repeal is complete obliteration of law — Executive Committee cannot rely on repealed 19 India Law Library Docid # 2450605
(960) WELCOME THONGNI Vs. THE STATE OF MEGHALAYA AND OTHERS[MEGHALAYA HIGH COURT] 11-08-2026 Protection of Children from Sexual Offences Act, 2012 — Section 5(n) read with Section 6 — Conviction for aggravated penetrative sexual assault — Evidentiary value of child survivor's testimony — Trial court examined minor survivor and found her capable of providing rational answers — Survivor gave a detailed, credible, and consistent account of sexual assault by her uncle — Testimony was of sterling quality and remained unchallenged in cross-examination — Prompt disclosure to mother and medical India Law Library Docid # 2450612