ive
(301) DILIP KUMAR MAHTO @ DILIP MAHTO Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 21-09-2026 Penal Code, 1860 — Section 304-B — Dowry death — Essential ingredients — Meaning of "soon before her death" — The phrase "soon before" in Section 304-B IPC is not synonymous with "immediately before". It is a relative term requiring the prosecution to establish the existence of a proximate and live link between the cruelty or harassment related to dowry demands and the consequential death. Cruelty encompasses a course of conduct that may be spread over time. When sustained dowry demands and phys India Law Library Docid # 2453265
(302) LAXMIKANT DAS Vs. THE STATE OF JHARKHAND[JHARKHAND HIGH COURT] 21-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 313 — Constitution of India — Article 21 — Scope and value of examination of accused — Duty of court to consider defence — Section 313 Cr.P.C. confers a valuable statutory and constitutional right under Article 21 to establish innocence — Courts are duty-bound to adequately consider the defence raised by the accused and assign reasons for accepting or rejecting it — Trial court failed to evaluate the defence plea of firing in self-defence and the ex India Law Library Docid # 2453266
(303) HARISH CHANDRA KUSHWAHA Vs. STATE OF JHARKHAND AND OTHERS[JHARKHAND HIGH COURT] 21-09-2026 Bihar Tenant's Holdings (Maintenance of Records) Act, 1973 — Sections 14, 15 and 16 — Revisional Jurisdiction — Statutory Scheme — Power of mutation is exercisable by Circle Officer under Section 14, and appeal lies to Land Reforms Deputy Collector under Section 15 — Under Section 16, revisional jurisdiction is exclusively vested in Collector of the district (or Deputy Commissioner) and not the Divisional Commissioner — Where Commissioner entertained revision against appellate order and cancelle India Law Library Docid # 2453267
(304) R. DURAI AND OTHERS Vs. S. UMAPATHY AND OTHERS[MADRAS HIGH COURT] 21-09-2026 Specific Relief Act, 1963 — Section 38 — Permanent Injunction — Protection of possession — Unlawful occupier versus true owner — Plaintiff claimed tenancy under an unregistered rental agreement executed by the brother of the true owner, who was merely a permissive occupant — Plaintiff failed to prove genuine tenancy, tender of rent, or examine the alleged lessor — Held, an unlawful or wrongful occupant is not entitled to the equitable relief of permanent injunction against the true and absolute India Law Library Docid # 2453307
(305) THE ADMINISTRATOR, SP.SPL.13, KRISHNAPURAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY Vs. N.KALIMUTHU AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 21-09-2026 Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability against show cause notice — Premature challenge — Writ petitioner challenged preliminary notices calling for explanation regarding his promotion to the post of Attender overlooking a senior employee — No final order reverting the petitioner or cancelling his promotion had been passed — Authority had statutory jurisdiction to issue the notice and seek justification — Petitioner rushed to Court prematurely without subm India Law Library Docid # 2453308
(306) M.V.SREENIVAAS Vs. GOVERNMENT OF INDIA AND ANOTHER[MADRAS HIGH COURT] 21-09-2026 Kalakshetra Foundation Recruitment Regulations, 2005 — Appointment to the post of Principal — Feeder category experience — Alternative recruitment mode — Petitioner promoted to Professor in 2022 lacked the required seven years of approved service in that grade when notification was issued in 2023 — Held, where the regulations prescribe appointment by promotion, failing which by contract or deputation, the employer is fully entitled to resort to the alternative mode if no eligible feeder-cadre ca India Law Library Docid # 2453309
(307) SANJAY BABAN GIRHE Vs. THE CHIEF GENERAL MANAGER DEDICATED FRIEGHT CORRIDOR CORPORATION AND OTHERS[BOMBAY HIGH COURT] 21-09-2026 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Sections 3(c)(ii) and 31 read with Schedule II — Entitlement of tenants as "affected family" — Acquisition of structures for Dedicated Freight Corridor — Petitioners were tenants in acquired structures — Competent authority determined monetary compensation, but acquiring body (DFCCIL) withheld payment — Held, Section 3(c)(ii) explicitly includes tenants in any form of tenancy within the d India Law Library Docid # 2453476
(308) SANJAY BABAN GIRHE Vs. THE CHIEF GENERAL MANAGER DEDICATED FRIEGHT CORRIDOR CORPORATION AND OTHERS[BOMBAY HIGH COURT] 21-09-2026 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Sections 3(c)(ii), 31 and Schedule II — Rehabilitation and Resettlement Award — Entitlement of tenants — Petitioners were tenants in structures acquired for Dedicated Freight Corridor Project — Competent authority determined compensation payable to each petitioner, but disbursal was halted by project authority — Held, Section 3(c)(ii) explicitly includes tenants in any form within the def India Law Library Docid # 2453477
(309) SANJAY BABAN GIRHE Vs. THE CHIEF GENERAL MANAGER DEDICATED FRIEGHT CORRIDOR CORPORATION AND OTHERS[BOMBAY HIGH COURT] 21-09-2026 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 3(c)(ii), Section 31 and Schedule II — "Affected family" — Entitlement of tenants to rehabilitation and resettlement compensation — Petitioners were tenants in structures acquired for Dedicated Freight Corridor Project — Eligibility confirmed by Appellate Authority and compensation determined by competent authority — Disbursal halted by DFCCIL relying on internal 2012 plan and 201 India Law Library Docid # 2453479
(310) SURESH ATALRAI KESWANI AND ANOTHER Vs. MAHESH ATALRAI KESWANI[BOMBAY HIGH COURT] 21-09-2026 Civil Procedure Code, 1908 (CPC) — Order 41 Rule 5 — Eviction decree against gratuitous licensee — Stay of execution — Discretionary and equitable jurisdiction — Scope of Atma Ram Properties principles — Held, while an Appellate Court has discretionary jurisdiction to impose terms on stay of an eviction decree to compensate the successful decree-holder, the rigid parameters for market compensation applicable to contractual tenancies or commercial leave and license agreements do not strictly appl India Law Library Docid # 2453480
(311) MITC ROLLING MILLS PVT. LTD. Vs. M/S. RENUKA REALTORS AND OTHERS[BOMBAY HIGH COURT] 21-09-2026 Commercial Courts Act, 2015 — Section 12A — Code of Civil Procedure, 1908 — Order VII Rule 11 — Rejection of plaint — Non-exhaustion of pre-institution mediation — Plaint filed with an interim application seeking urgent injunction and attachment before judgment — Trial Court rejected plaint holding Section 12A mandatory and urgency baseless — Held, Trial Court committed serious error in discarding the interim application and summarily rejecting plaint — Section 12A explicitly exempts suits conte India Law Library Docid # 2453481
(312) BEAU MONDE PLOT NO.1 CO-OPERATIVE HOUSING SOCIETY Vs. DISTRICT DEPUTY REGISTRAR AND OTHERS[BOMBAY HIGH COURT] 21-09-2026 Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 — Section 11 — Maharashtra Co-operative Societies Act, 1960 — Sections 21A and 152 — Deemed Conveyance — Challenge to society registration — Acquiescence — Flat purchasers formed Petitioner-Society despite contractual recitals stipulating membership in Respondent No.3-Society — Respondent No.3 neither challenged registration under MCS Act nor sought de-registration, and acknowledged India Law Library Docid # 2453482
(313) DR. PARVEEN PARVEZ SAYYED Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 21-09-2026 Service Law — Pay Protection and Pension — Counting of past continuous service — Post funded by University — Petitioner served continuously as Law Officer from 1997 to 2010 on a university-funded post before being appointed to a State-sanctioned post of Senior Law Officer — State withdrew pay protection and pensionary benefits on ground that prior post was funded by University — Held, petitioner rendered continuous, uninterrupted service for 29 years governed by the Standard Code — Depriving rec India Law Library Docid # 2453483
(314) ANTHONYTHASAN DECARTHUS Vs. ANGLO EASTERN TANKER MANAGEMENT HONG KONG LTD.[BOMBAY HIGH COURT] 21-09-2026 Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — Section 17 — Letters Patent, 1865 — Clause XII — Repeal of Letters Patent — Requirement of leave — Registry raised objection that prior leave under Clause XII was not obtained for instituting admiralty suit — Held, under Section 17 of the Admiralty Act, 2017, the provisions of the Letters Patent, 1865 as applicable to the admiralty jurisdiction of the Chartered High Courts stand repealed — Consequently, Letters Patent is not India Law Library Docid # 2453484
(315) MUNICIPAL CORPORATION OF GREATER MUMBAI Vs. GAMMON INDIA LIMITED[BOMBAY HIGH COURT] 21-09-2026 Arbitration and Conciliation Act, 1996 — Section 34 — Patent Illegality — Rejection of claim for loss of profits — Arbitrator found that the municipal corporation was responsible for wrongful termination of the contract and the court order terminating the award was an invited one, without any fault attributable to the claimant — Arbitrator nonetheless completely rejected the claim for loss of profits — Held, once the corporation was held liable for wrongful termination, outright refusal to award India Law Library Docid # 2453485
(316) JUBER AHMAD AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 21-09-2026 Probation of Offenders Act, 1958 — Section 4 — Penal Code, 1860 (IPC) — Section 304 Part II, 323 and 325 — Applicability of probation — Mandatory duty of Trial Court — There is no statutory bar to applying Section 4 of the Probation of Offenders Act to an offence under Section 304 Part II IPC, as it is not punishable with death or imprisonment for life — Trial Court has a mandatory duty to consider the applicability of probation provisions before sentencing a convict — Omission of the Sessions C India Law Library Docid # 2453842
(317) LALIT CHATURVEDI Vs. SANTOSHI LAL CHATURVEDI ADOPTED AND 4 OTHERS[ALLAHABAD HIGH COURT] 21-09-2026 Civil Procedure Code, 1908 — Order 1 Rule 10 — Provincial Small Cause Courts Act, 1887 — Sections 23 and 25 — Impleadment in Small Causes Court — Scope of procedural power — Order 1 Rule 10 CPC is a facilitative provision and cannot enlarge the statutory jurisdiction of a court of limited jurisdiction — A party cannot seek impleadment to compel a Small Causes Court to adjudicate independent, substantive disputes relating to title, dedication, or representative authority that lie beyond its juris India Law Library Docid # 2453843
(318) MS GEETA INFOTECH SALES AND SERVICE BHOPAL PROPRIETOR PANKAJ SONI AND OTHERS Vs. THE STATE OF MADHYA PRADESH THROUGH ECONOMIC OFFENC WING AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 21-09-2026 Criminal Procedure Code, 1973 (CrPC) — Closure Report — Scope of judicial powers — Statutory domain of investigating agency — While the Magistrate or Special Judge is not bound to accept a closure report and may direct further investigation, the court cannot compel the investigating agency to form a particular opinion or file a charge-sheet. Repeatedly rejecting closure reports and directing further investigation on the same aspects without any fresh incriminating material is legally impermissib India Law Library Docid # 2453999
(319) RAJESH KUMAR CHAURASIYA Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (GWALIOR BENCH)] 21-09-2026 Constitution of India, 1950 — Articles 14 and 16 — Recruitment Process — Modification of Evaluation Methodology — Petitioner challenged the adoption of the Normalised Equi-Percentile formula, contending that the rules of the game were altered midway after the initial advertisement — Held, the rulebook always contemplated normalization, and the formula was modified prior to the application deadline and examination on expert advice — Under Rule 3.13, the Board reserved the right to amend examinati India Law Library Docid # 2454033
(320) KONKYANA SRAVAN KUMAR Vs. THE HIGH COURT OF ANDHRA PRADESH AND OTHERS[ANDHRA PRADESH HIGH COURT] 21-09-2026 Service Law — Recruitment Process — District Judge (Entry Level) — Andhra Pradesh State Judicial (Service and Cadre) Rules, 2007, Rule 6 — Alteration of selection criteria midway — "Rules of the game" principle — Notification prescribed written examination of three papers and viva voce, requiring 60% aggregate marks for selection — Subsequent amendment excluded Paper III marks from computing final aggregate — Held, selection criteria cannot be altered after the recruitment process has commenced India Law Library Docid # 2453980