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(421) JAGANNATH AND OTHERS Vs. RANGDHARI AND OTHERS[MADHYA PRADESH HIGH COURT] 18-09-2026 Civil Procedure Code, 1908 (CPC) — Order 43 Rule 1(t), Section 104, Order XXII Rule 3 — Maintainability of appeal — Trial Court rejected an application under Section 151 to bring legal representatives of a deceased co-plaintiff on record — First Appellate Court dismissed appeal as not maintainable — Miscellaneous appeal preferred under Order 43 Rule 1(t) — Held, Order 43 Rule 1(t) applies only to orders refusing to readmit or rehear an appeal under Order XLI Rules 19 or 21 — Rejection of an appl India Law Library Docid # 2454019
(422) MR. BHAGWAN DASS AND ANOTHER Vs. STATE OF KARNATAKA AND ANOTHER[KARNATAKA HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 353, 504 and 34 — Quashing of FIR — Scope of inherent powers — FIR lodged by Assistant Commissioner, Vigilance Section, alleging deterrence of public servants and criminal intimidation — Petitioners contended lack of essential ingredients and abuse of process arising from a matrimonial dispute — Held, while considering a plea for quashing under Section 482, the Court must primarily examine the contents of the India Law Library Docid # 2454065
(423) STATE BY CENTRAL BUREAU OF INVESTIGATION Vs. SRI B V ISLUR[KARNATAKA HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Scope of appellate interference — Presumption of innocence is reinforced by an order of acquittal — An appellate court is entitled to re-appreciate the oral and documentary evidence, but cannot reverse an acquittal merely because an alternative view is plausible — Interference is justified only when the trial court's judgment suffers from patent perversity, misreading or omission to consider material evidence, or whe India Law Library Docid # 2454077
(424) HMT LIMITED Vs. C. RAJAMMA[KARNATAKA HIGH COURT] 18-09-2026 Arbitration and Conciliation Act, 1996 — Section 37 and Section 34 — Scope of appellate interference — Jurisdiction under Section 37 is narrower and more circumscribed than under Section 34 — Appellate Court cannot reappraise evidence or adjudicate the dispute on merits as if sitting in an ordinary appeal — Jurisdiction is akin to revisionary power, exercisable only to examine whether Section 34 Court acted within, exceeded, or failed to exercise its statutory jurisdiction — Factual findings and India Law Library Docid # 2454078
(425) SRI SAJJAN POOVAIAH Vs. THE REGISTRAR GENERAL[KARNATAKA HIGH COURT] 18-09-2026 Constitution of India, 1950 — Article 21 — Right to Privacy and Reputation — Right to be forgotten — Petitioner discharged under Section 227 CrPC from criminal proceedings — Online availability of judicial records adversely affecting personal life and employment prospects — Held, right to reputation and informational privacy is an inseparable facet of Article 21 — Where an individual is acquitted, discharged, or proceedings are quashed, legal exoneration must be given practical effect in the dig India Law Library Docid # 2454082
(426) HMT LIMITED Vs. C. RAJAMMA[KARNATAKA HIGH COURT] 18-09-2026 Arbitration and Conciliation Act, 1996 — Section 37 and Section 34 — Scope of appellate interference — Contract Act, 1872 — Breach of contract — Force Majeure — Appellant failed to provide assured workload to entrepreneurs who took voluntary retirement to establish ancillary units — Appellant pleaded market competition and working capital shortages as force majeure, asserting waiver by claimants — Held, appellate jurisdiction under Section 37 is narrower than Section 34 and precludes reappreciat India Law Library Docid # 2454083
(427) SHRI. GAJENDRA BABU AND OTHERS Vs. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, CHIKKAJALA POLICE STATION AND ANOTHER[KARNATAKA HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Penal Code, 1860 (IPC) — Sections 143, 147, 323, 341, 447, 506 and 149 — Quashing of criminal proceedings — Dispute predominantly civil in nature — Parties were family members engaged in a pending civil suit regarding property partition — Altercation occurred over parking a vehicle, leading to cross-complaints — Criminal process cannot be permitted to become a weapon of harassment or coercion in property disputes — Giving criminal colour to a India Law Library Docid # 2454107
(428) SRI. BHASKAR RAO P.K AND OTHERS Vs. SMT. LATHA N[KARNATAKA HIGH COURT] 18-09-2026 Criminal Procedure Code, 1973 (CrPC) — Section 482 — Protection of Women from Domestic Violence Act, 2005 — Section 12 — Quashing of domestic violence proceedings — Non-issuance of notice to co-accused relatives — Effect — Magistrate issued notice solely to husband and mother-in-law, observing no allegations were made against brother-in-law and father-in-law — Petition filed under Section 482 Cr.P.C. by all relatives seeking quashing — Held, petition seeking quashing of proceedings insofar as br India Law Library Docid # 2454116
(429) JOSE JOSEPH Vs. THE SECRETARY (TAXES), STATE OF KERALA[KERALA HIGH COURT] 18-09-2026 Kerala General Sales Tax Act, 1963 — Section 7 and Section 17 — Payment of tax at compounded rates — Nature and finality of compounding order — Assessee running a three-star bar hotel was permitted to pay tax at a compounded rate of 180% of purchase value — Assessing Officer subsequently demanded additional tax under Section 7(1)(ii)(b) — Held, an order permitting compounding is provisional and governed by statutory conditions — Compounding does not absolve the dealer from filing returns — The s India Law Library Docid # 2454237
(430) ALVIN NITHYANANDH AND ANOTHER Vs. SRUTHY SURESH BABU[KERALA HIGH COURT] 18-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 (corresponding to Criminal Procedure Code, 1973 (CrPC) — Section 482) — Protection of Women from Domestic Violence Act, 2005 — Section 12 — Quashing of domestic violence proceedings — Maintainability — Inherent jurisdiction of High Court is available to quash proceedings arising from an application under Section 12 of PWDV Act — Power is extraordinary and must be exercised sparingly and with circumspection — Interference is warranted where c India Law Library Docid # 2454254
(431) SAGESH Vs. STATE OF KERALA[KERALA HIGH COURT] 18-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 187(2) — Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22(b) — Constitution of India, 1950 — Article 21 — Default bail — Time limit for filing final report — Offence punishable with imprisonment up to ten years without a prescribed minimum sentence attracts the sixty-day statutory period for filing the chargesheet — Default bail is an indefeasible right under Article 21, but it is strictly conditional upon the pendency of invest India Law Library Docid # 2454246
(432) PREM MEHANI AND ANOTHER Vs. HARISH BATRA AND OTHERS[DELHI HIGH COURT] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(a) and (d) — Rejection of Plaint — Cause of Action and Limitation — Suit seeking to set aside a consent decree on grounds of fraud and concealment — Plaintiffs had full knowledge of the Agreement to Sell (ATS) and the pending suit for specific performance as far back as 2006 and 2008, yet failed to initiate legal proceedings or seek impleadment to assert their rights under a family settlement India Law Library Docid # 2452615
(433) BAMBAM MUKHIYA @ GOVIND MUKHIYA Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 17-09-2026 Penal Code, 1860 (IPC) — Section 376(2)(i) — Protection of Children from Sexual Offences Act, 2012 — Sections 4 & 6 — Penetrative sexual assault / rape of minor child — Evidentiary value of sole testimony of child prosecutrix — Core narrative remained consistent across fardbeyan, Section 164 CrPC statement, and court deposition — Minor variations regarding state of consciousness post-incident and exact arrival time of relative attributable to severe trauma and age — Held, sole testimony of a cre India Law Library Docid # 2452616
(434) UDAY MAHTO Vs. STATE OF BIHAR[PATNA HIGH COURT] 17-09-2026 Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — Arms Act, 1959 — Section 27 — Identification of accused — Benefit of doubt — FIR was initially registered against 20–25 unknown persons resulting in a final report as "true but no clue" — Case proceeded on a protest petition treated as a complaint — Accused identified for the first time by injured witness four days after the incident upon regaining consciousness — Material contradictions existed between testimonies of injured witness and India Law Library Docid # 2452617
(435) TAPASWINI MOHANTY Vs. JAYANTA KUMAR MOHANTY[ORISSA HIGH COURT] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Section 24 — Transfer of matrimonial proceedings — Convenience of wife — Husband instituted divorce proceeding under Section 13 of Hindu Marriage Act, 1955 before Family Court, Bhadrak — Petitioner-wife sought transfer to Family Court, Balasore citing desertion, lack of income, care of minor child, and dependence on aged father — Husband was financially affluent and already contesting a maintenance proceeding under Section 125 Cr.P.C. at Balasore — Held, in mat India Law Library Docid # 2452657
(436) ZUBAIR ALTAF SHEIKH Vs. UNION TERRITORY OF J&K AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 17-09-2026 Jammu and Kashmir Public Safety Act, 1978 — Section 8 — Preventive Detention — Stale Material — Snapping of Live and Proximate Link — Detention order passed in 2025 reviving an incident covered by an FIR from 2022 — Earlier detention order based on the same FIR was quashed in 2024 — Detenue was gainfully employed in another State during the relevant period — Held, subjective satisfaction cannot be founded on stale material lacking a proximate nexus with the imperative need to detain — Passage of India Law Library Docid # 2452658
(437) SUBRATA CHOWDHURY @ SUBRATA CHOWDHURI Vs. STATE OF WEST BENGAL AND ANOTHER[CALCUTTA HIGH COURT] 17-09-2026 Penal Code, 1860 (IPC) — Sections 406 and 420 — Cheating and criminal breach of trust — Essential ingredients — Agreement for sale of immovable property — Failure to execute conveyance deed or refund money — To sustain a charge under Section 420, dishonest or fraudulent intention must exist at the inception of the contract, and a subsequent breach cannot metamorphose into cheating — Payment of advance consideration under an agreement for sale represents a reciprocal contractual obligation and do India Law Library Docid # 2452659
(438) SRI SUBRATA SEN Vs. SMT. SHELLY JAISWAL AND ANOTHER[CALCUTTA HIGH COURT] 17-09-2026 West Bengal Premises Tenancy Act, 1997 — Section 7(2) — Dispute as to arrears of rent — Genuineness of dispute — Application for determination of rent arrears — A dispute under Section 7(2) must be bona fide and genuine — Total absence of evidence in support of tenant's plea of incurring expenses for repairs to be adjusted against rent warrants an inference that the dispute is sham — A sham or moonshine dispute is legally equivalent to no dispute — In such cases, the court is not required to det India Law Library Docid # 2452660
(439) NAMMA WHITEFIELD RWA FEDERATION TRUST Vs. THE STATE OF KARNATAKA AND OTHERS[KARNATAKA HIGH COURT] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Section 11 — Constitution of India, 1950 — Article 226 — Res Judicata — Finality of litigation — State challenged 1980 Land Tribunal grant claiming land was tank bed and Tribunal lacked jurisdiction — Prior civil suit had declared private respondent owner holding land was Hiduvali land, which attained finality up to Supreme Court — Held, issues concerning nature of land and validity of grant were directly scrutinized and adjudicated in prior proceedings — Princ India Law Library Docid # 2452661
(440) RAHUL CHOUDHARY Vs. SUDHIR HIRAWAT AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-09-2026 Civil Procedure Code, 1908 (CPC) — Order XXI Rule 58 — Adjudication of claims and objections to attachment — Requirement of recording oral evidence — Scope and Applicability — Held, while an adjudication under Rule 58 is not summary and disallows a separate suit once decided on merits, it does not invariably mandate recording oral evidence in every case — Evidence is necessary only where a genuinely disputed question of fact exists which, if decided in the objector's favour, would entitle him to India Law Library Docid # 2452673