(161) DEVI CONSTRUCTION LLP Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 23-09-2026 Maharashtra Regional and Town Planning Act, 1966 — Section 49(1) and Section 49(2) — Purchase Notice — Scope and applicability of Section 49(2) — The contingencies enumerated in Section 49(1)(a) to (e) are independent and mutually exclusive — Section 49(2) applies only to situations where an application for development permission was actually preferred to the Planning Authority and resulted in an order or decision, particularly under Section 49(1)(d) — Section 49(2) cannot be read as universally India Law Library Docid # 2453494
(162) HORMUZ KURUSH MUBARAKAI Vs. SCHEREZADE HORMUZ MUBARAKAI[BOMBAY HIGH COURT] 23-09-2026 Parsi Marriage and Divorce Act, 1936 — Sections 3 and 29 — Code of Civil Procedure, 1908 — Order VII Rule 11(d) — Rejection of Plaint — Jurisdictional fact — Matrimonial suit for divorce and permanent alimony — Both parties resided in Australia — Wife asserted marriage was solemnised in Mumbai — Husband contended event was merely a Tandoorasti (blessing) ceremony, not an Ashirvad ceremony — Essential statutory requisite under Section 3(1)(b) is solemnisation via Ashirvad ceremony before two witn India Law Library Docid # 2453495
(163) PARLE AGRO PRIVATE LIMITED Vs. UDAYAK AGRO PRODUCTS PVT. LTD. AND ANOTHER[BOMBAY HIGH COURT] 23-09-2026 Arbitration and Conciliation Act, 1996 — Section 9 — Interim measures — Power to grant relief affecting a non-signatory — Petitioner alleged breach of negative covenants by franchisee through its sister concern — Sister concern contended it was a non-signatory to the franchise agreement — Held, Section 9 jurisdiction is not limited to passing orders strictly against signatories — The Court has the power to grant interim protection affecting a non-signatory connected with a contracting party, whe India Law Library Docid # 2453496
(164) RAJBIR SINGH Vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PANCHKULA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 23-09-2026 Income Tax Act, 1961 — Section 119(2)(b) — CBDT Circular No. 9/2015 — Condonation of delay for filing revised return claiming refund — Scope of inquiry — Competent authority is required to examine whether the refund claim is correct and genuine, and whether the assessee faces genuine hardship on merits — Rejection cannot be made mechanically based solely on subordinate reports or on the ground that favorable appellate orders in similar cases were not appealed by the Department due to low tax eff India Law Library Docid # 2453514
(165) RIJWAN Vs. INCOME TAX OFFICER, WARD-3(5), GURGAON[PUNJAB AND HARYANA HIGH COURT] 23-09-2026 Income Tax Act, 1961 — Section 249(2) and (3) — Limitation — Condonation of delay in filing first appeal — Sufficient cause — Appeal filed with a delay of 441 days — Assessee attributed delay to counsel's bereavement and subsequent liver and heart ailments — Unsubstantiated and generalized assertion without any medical certificate or proof for an eleven-month period failed to discharge the burden of showing sufficient cause — Courts cannot extend limitation on equitable grounds where delay is in India Law Library Docid # 2453518
(166) G DEVDAS @ DEVADASAN GOVINDAN Vs. STATE OF HARYANA AND ANOTHER[PUNJAB AND HARYANA HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Non-appearance of accused — Cancellation of bail and forfeiture of surety bonds — Trial Court cancelled bail, forfeited bonds, and issued warrants of arrest after petitioner failed to appear — Petitioner pleaded inadvertence due to age-related ailments and undertook to regularly appear and cooperate with trial — Held, issuance of arrest warrants and cancellation of bail should not be mechanical or disproportionate when the accused voluntarily India Law Library Docid # 2453524
(167) HARKISHAN LAL THROUGH HIS LRS Vs. STATE OF HARYANA AND OTHERS[PUNJAB AND HARYANA HIGH COURT] 23-09-2026 Haryana Ceiling of Land Holdings Act, 1972 — Section 18(6) — Suo motu revisional power — "At any time" — Meaning of — Financial Commissioner's power to call for records "at any time" cannot be exercised indefinitely — Expression "at any time" inherently requires the exercise of revisional jurisdiction within a reasonable period — When statutory provisions prescribe short limitation periods for appeal and revision, it is unreasonable to hold that revisional authority has unbridled power to entert India Law Library Docid # 2453526
(168) KESHAV BHALLA Vs. PRESCRIVE AUTHORITY /RENT AUTHORITY (ADDITIONAL DISTRICT MAGISTRATE) AND ANOTHER[ALLAHABAD HIGH COURT] 23-09-2026 Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 — Section 21(2)(m) — Statutory interpretation — Punctuation and grammatical structure — Rule of the Last Antecedent — Section 21(2)(m) creates two distinct contingencies separated by the disjunctive "or" and a comma: premises required in existing form, or required after demolition and reconstruction for occupation by landlord — Qualifying phrase "for the purpose of its occupation by landlord" naturally refers to the second contingency India Law Library Docid # 2453827
(169) BHARAT VERMA Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 154, 156 and 173 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 173, 175 and 193 — Second FIR — Impermissibility — Test of sameness — Only the earliest information regarding a cognizable offence constitutes an FIR under Section 154 CrPC. Successive FIRs cannot be sustained if they arise out of the same continuous transaction, incident, or cause of action. Where multiple complaints allege identical facts and offences against accused acting on India Law Library Docid # 2453828
(170) KAPIL DEV PUNDIR Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 23-09-2026 Protection of Women from Domestic Violence Act, 2005 — Sections 19(3) and 19(4) — Criminal Procedure Code, 1973 (CrPC) — Section 446 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 491 — Bond to prevent domestic violence — Forfeiture procedure — Order requiring execution of bond is deemed an order under Chapter VIII CrPC/Chapter IX BNSS — In case of breach of an executed bond, penalty does not become automatically recoverable — Court must determine breach, record satisfaction, and afford op India Law Library Docid # 2453830
(171) NATIONAL INSURANCE CO. LTD. FAIZABAD THRU. MANAGER LEGAL AND OTHERS Vs. REETA AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-09-2026 Motor Vehicles Act, 1988 — Sections 168 and 173 — Code of Civil Procedure, 1908 — Order XLI Rule 33 — Enhancement of compensation without cross-appeal or cross-objection — Appellate Court's power — Insurer challenged the award on quantum — Claimants did not file an appeal or cross-objection — Held, Section 168 mandates awarding just and fair compensation under beneficial legislation — Order XLI Rule 33 of CPC empowers appellate courts to pass appropriate orders to render complete justice — The a India Law Library Docid # 2453831
(172) REKHA SAXENA AND ANOTHER Vs. ROMAN CATHOLIC DIOCESE, ALLAHABAD PVT. LTD. THRU. DIRECTOR GENERAL THE BISHOP AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-09-2026 Civil Procedure Code, 1908 (CPC) — Order 39 Rules 1 & 2, Order 43 Rule 1(r) and Section 94 — Temporary injunction — Settled possession — Protection against forcible dispossession — Appellants in continuous, peaceful, and settled possession of residential property since 1987 — Earlier ex-parte decree cancelled appellants' predecessor's sale deed and barred further construction, but granted no relief for eviction or possession — Rejection of interim injunction by Trial Court held perverse — A pers India Law Library Docid # 2453832
(173) ANTRIKSH DEVELOPERS AND PROMOTERS PVT. LTD. THRU. AUTHORIZED SIGNATORY SARA FARAZ AHMAD Vs. SHYAM SUNDAR AGARWAL[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-09-2026 Real Estate (Regulation and Development) Act, 2016 — Sections 43(3), 44(5) and 55 — Validity of Tribunal Proceedings — Defect in Constitution — Appellant contended that the Appellate Tribunal's order was coram non judice due to the absence of a Technical or Administrative Member. The High Court rejected the plea, holding that Section 55 explicitly protects proceedings from invalidity on grounds of vacancy or constitutional defect. The Bench comprising the Chairman and a Judicial Member was prope India Law Library Docid # 2453833
(174) UMA KANT TRIPATHI Vs. C/M BAHRAICH COOP BANK LTD.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 23-09-2026 Service Law — Temporary Appointment — Right to regularisation or continuance — Petitioner appointed on temporary basis for period not exceeding 89 days, terminable without notice — Appointment annulled and petitioner relieved — Contention that post was not filled by regular selection — Held, a time-bound temporary appointment does not convert into a permanent one merely because regular selection did not take place — Petitioner acquired no enforceable right to continue in service or seek regulari India Law Library Docid # 2453834
(175) DEVASHISH YADAV Vs. GUNJAN YADAV[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 23-09-2026 Constitution of India, 1950 — Article 227 — Hindu Marriage Act, 1955 — Section 9 — Family Courts Act, 1984 — Section 10 — Civil Procedure Code, 1908 (CPC) — Order VII Rule 11 — Maintainability of petition to quash restitution of conjugal rights proceedings — Petitioner sought quashing of Section 9 petition alleging abuse of process — Held, proceedings before Family Court are civil proceedings resulting in an appealable decree — Supervisory jurisdiction under Article 227 cannot be invoked to ques India Law Library Docid # 2454020
(176) VIJAYENDRA PAL SINGH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 23-09-2026 Service Law — Deputation — Right of Deputationist — Repatriation to Parent Department — Petitioner, substantively holding post of Assistant Engineer, was appointed on deputation as General Manager in respondent-Corporation — Subsequently repatriated to parent department — Challenge to repatriation — Held, a deputationist has no vested or fundamental right to continue on deputation — Basic principle underlying deputation is that an employee can always be repatriated to parent department at instan India Law Library Docid # 2454027
(177) POTHULA LAKSHMANNA, ALIAS POTULA ANAND KUMAR Vs. THE STATE OF ANDHRA PRADESH[ANDHRA PRADESH HIGH COURT] 23-09-2026 Bharatiya Nyaya Sanhita, 2024 — Section 69 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 and 483 — Consensual relationship versus false promise to marry — Distinction between a false promise and breach of promise — Physical relations established on a promise to marry do not amount to an offence unless the accused harboured a fraudulent intention from the very inception solely to secure sexual relations — A consensual relationship that later turns sour cannot justify invoking criminal India Law Library Docid # 2453970
(178) STATE OF HIMACHAL PRADESH Vs. RATI RAM[HIMACHAL PRADESH HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of appellate interference — Acquittal reinforces the presumption of innocence of the accused — Appellate court should not disturb an order of acquittal merely because another view is possible upon re-appreciation of evidence — Interference is warranted only in exceptional circumstances where the trial court's judgment is palpably wrong, manifestly perverse, based on misreading or omission of material evidence, India Law Library Docid # 2454049
(179) DIVYA H.K. Vs. BHARATH KUMAR[KARNATAKA HIGH COURT] 23-09-2026 Hindu Marriage Act, 1955 — Section 24 — Interim Maintenance — Disclosure of Assets and Liabilities — Duty of parties — Guidelines in Rajnesh v. Neha — Family Court awarded Rs. 10,000/- per month as interim maintenance to wife — Both parties challenged the order — Husband claimed to be a milk vendor possessing only 1 acre 12 guntas of disputed land — Record revealed husband owned an additional 1 acre of land not disclosed in his affidavit — Held, full and truthful disclosure of assets and liabili India Law Library Docid # 2454053
(180) THE STATE BY INSPECTOR OF POLICE Vs. MADHUSUDAN G.S. AND OTHERS[KARNATAKA HIGH COURT] 23-09-2026 Criminal Procedure Code, 1973 (CrPC) — Sections 227 and 228 — Framing of charge and discharge — Scope and judicial scrutiny — At the stage of considering a discharge application, the Court has the power to sift and weigh the evidence for the limited purpose of finding whether a prima facie case is made out. The Court is not required to accept the prosecution's allegations as gospel truth if they contradict common sense or broad probabilities. The Judge is duty-bound to evaluate the material on r India Law Library Docid # 2454056