(881) SAMIRAN NATH Vs. PURNANANDA NATH[TRIPURA HIGH COURT] 09-09-2026 Specific Relief Act, 1963 — Sections 16(c) and 20 — Suit for specific performance of agreement to sell — Readiness and willingness of purchaser — Concurrent findings of fact — Plaintiff paid substantial advance at the time of execution and repeatedly offered the balance consideration within the stipulated period — Defendant avoided execution and failed to issue any notice demanding balance consideration or offer refund of advance — Courts below concurrently held plaintiff proved continuous readi India Law Library Docid # 2452177
(882) MAJID KHAN Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 09-09-2026 Service Law — Pay Fixation and Pension — Continuing Wrong and Recurring Cause of Action — Delay and Laches — Erroneous fixation of pay or pension constitutes a continuing wrong giving rise to a recurring cause of action every month — Principle extends to retired employees holding pensionable posts since incorrect last pay fixation directly impacts monthly pension — However, this principle is not absolute — Where a service-related claim is belatedly raised, the relief regarding consequential reco India Law Library Docid # 2452182
(883) M/S PRADHAN MANTRI BHARATIYA JAN AUSHADHI KENDRA AT PT. JAWAHAR LAL NEHRU GOVT. MEDICAL COLLEGE & HOSPITAL, CHAMBA Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 09-09-2026 A. Constitution of India — Article 226 — Maintainability of writ petition — Contractual dispute and monetary claims against State — Respondents contended petition was not maintainable due to disputed questions of fact and relegated remedy to a civil suit — Held, there is no absolute bar to entertaining a writ petition arising from contractual obligations or involving disputed questions of fact against the State or its instrumentalities — The State is obligated under Article 14 to act fairly, jus India Law Library Docid # 2452246
(884) POOJA SHARMA Vs. ARVIND KUMAR[HIMACHAL PRADESH HIGH COURT] 09-09-2026 A. Code of Civil Procedure, 1908 — Section 24 — Transfer of matrimonial proceedings — Primacy of wife's convenience — Broad parameters for transfer — In matrimonial matters, courts must evaluate the socioeconomic status of the parties, their living standards, and the circumstances surrounding their sustenance — Given the prevailing socioeconomic paradigm in Indian society, the convenience of the wife is ordinarily to be preferred over that of the husband — Relevant considerations include travel India Law Library Docid # 2452247
(885) NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. JAI DEV AND OTHERS[HIMACHAL PRADESH HIGH COURT] 09-09-2026 A. Arbitration and Conciliation Act, 1996 — Section 34 and Section 37 — Code of Civil Procedure, 1908 — Order XXII Rules 4 and 9 — Death of respondent — Abatement — Proper remedy — Application under Section 34 was dismissed by the District Judge as abated in its entirety due to non-substitution of legal representatives of the deceased respondent — Held, before approaching the High Court in appeal, the appellant ought to have filed an appropriate application before the District Judge for bringing India Law Library Docid # 2452248
(886) MUSLIM KUZAFAROSH JAMAT THROUGH PRESIDENT Vs. GUJARAT STATE WAQF BOARD AND OTHERS[GUJARAT HIGH COURT] 09-09-2026 Waqf Act, 1995 — Sections 3(r) and 43 — Bombay Public Trust Act, 1950 — Deemed registration — Appellant Jamat was registered under Category "B" of the 1950 Act with religious and charitable objects, including managing a mosque and graveyard — Appellant contended it was merely a public trust — Held, under Section 43 of the Waqf Act, any waqf registered under any law prior to commencement of the Act is deemed registered under the Waqf Act without requiring fresh inquiry — Objects fell squarely wit India Law Library Docid # 2452253
(887) S. ABDUL RAZZAK Vs. C.B. SURAJA DEVI AND ANOTHER[KERALA HIGH COURT] 09-09-2026 Civil Procedure Code, 1908 — Order 26 Rule 10(3) — Advocate Commissioner's report — Stage at which report can be set aside — Power of trial court — Commissioner and surveyor were examined as witnesses, their reports and plans were marked as exhibits, and evidence was closed — Application to set aside report was entertained thereafter — Held, once the Commissioner's report is received in evidence, it forms part of the record and cannot be struck off or set aside under Order 26 Rule 10(3) CPC — An India Law Library Docid # 2452254
(888) BABY KURIAN Vs. THE DISTRICT COLLECTOR AND OTHERS[KERALA HIGH COURT] 09-09-2026 Kerala Land Revenue Manual, Volume VI (Village Office Manual) — Paragraph 213 — Application for Legal Heirship Certificate by Non-Resident/Overseas Citizen of India — Rejection on ground of foreign residence held invalid — Petitioner, an Overseas Citizen of India residing in USA, applied for legal heirship certificate upon his wife's death abroad — Paragraph 213 explicitly permits persons having roots in India who have renounced Indian citizenship to apply for revenue certificates within the lim India Law Library Docid # 2452255
(889) SHABIR AHMAD BEIGH Vs. RAM PRAKASH MATTA AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 09-09-2026 Powers of Attorney — Revocation of Registered Power of Attorney — Mode of cancellation — Power of Attorney not creating interest in agent — Where a Power of Attorney does not create any interest in favour of the agent in the subject property, it can be revoked or terminated through notice, communication, or a notarized document without requiring a registered instrument of cancellation, even if the original Power of Attorney was registered. The Trial Court committed no illegality in deciding the India Law Library Docid # 2452270
(890) ROMESH KUMAR AND OTHERS Vs. UT OF J&K THROUGH S.H.O POLICE STATION BAKSHI NAGAR AND ANOTHER[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 09-09-2026 Bharatiya Nyaya Sanhita, 2023 — Section 318(1) and Section 318(4) — Offence of cheating — Essential ingredients — Requirement of dishonest intention at inception — An offence of cheating is established only when fraudulent or dishonest inducement is present at the very beginning of the transaction — If an accused lacked dishonest intention at the inception and later failed to fulfill a promise due to intervening circumstances, the offence of cheating is not made out — A subsequent failure to kee India Law Library Docid # 2452273
(891) M/S. KLM AXIVA FINVEST LIMITED Vs. BIJITHA SHAJAN AND OTHERS[KERALA HIGH COURT] 09-09-2026 Arbitration and Conciliation Act, 1996 — Section 43(4), Section 34 and Section 37 — Exclusion of time where arbitral award is set aside — Scope of Section 43(4) — Execution court dismissed execution petition holding award unenforceable due to unilateral arbitrator appointment — Petitioner sought benefit of Section 43(4) — Held, Section 43(4) applies strictly when an arbitral award is set aside by a court under Section 34 or Section 37 of the Act — An order of an execution court declaring an awar India Law Library Docid # 2452275
(892) SREEKALA @ KALA Vs. STATE OF KERALA[KERALA HIGH COURT] 09-09-2026 Penal Code, 1860 (IPC) — Sections 376(1) and 376D — Protection of Children from Sexual Offences Act, 2012 — Sections 4 and 6 — Evidence of victim — Sole testimony — Evidentiary value — Hostility of independent witnesses — Conviction can be sustained solely on the testimony of the victim of sexual assault if it is wholly reliable and of sterling quality — Hostility of an independent witness regarding an incident at her house does not discredit the victim's trustworthy testimony, which was corrobo India Law Library Docid # 2452294
(893) SREEKALA @ KALA Vs. STATE OF KERALA[KERALA HIGH COURT] 09-09-2026 Penal Code, 1860 (IPC) — Sections 376(1) and 376D — Protection of Children from Sexual Offences Act, 2012 — Sections 4 and 6 — Evidence of victim — Sole testimony — Sustainability of conviction — Held, in cases of sexual offences, the testimony of the victim alone is sufficient to establish guilt if it is wholly reliable and of sterling quality — Minor victim's testimony was credible and adequately corroborated regarding her movements and presence by other witnesses — Hostility of certain witnes India Law Library Docid # 2452297
(894) FIROZ KUNNUMAL AND OTHERS Vs. STATE OF KERALA AND ANOTHER[KERALA HIGH COURT] 09-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Code of Criminal Procedure, 1973 — Section 482 — Inherent powers to quash criminal proceedings — Scope and exercise — Inherent power to quash proceedings is extraordinary and must be exercised sparingly and cautiously to prevent abuse of the process of law or secure the ends of justice — Court is not expected to meticulously examine evidence, assess probative value, or conduct a mini-trial — Scope of enquiry is limited to examining whether India Law Library Docid # 2452298
(895) NEERAJ VOHRA Vs. UNION OF INDIA AND OTHERS[HIMACHAL PRADESH HIGH COURT] 09-09-2026 Constitution of India, 1950 — Article 226 — Maintainability — Contractual obligations and monetary claims against State instrumentalities — Petitioner sought release of pending payments for executed contractual works — Respondents contended writ petition was not maintainable due to disputed questions of fact — Held, there is no absolute bar to entertaining a writ petition arising from contractual obligations or involving factual disputes — When State or its instrumentalities act arbitrarily or u India Law Library Docid # 2452453
(896) ANITA RATHORE AND OTHERS Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 09-09-2026 Civil Procedure Code, 1908 — Order 39 Rules 1 and 2 — Specific Relief Act, 1963 — Section 38 — Interim Injunction — Lawful possession versus long-standing possession — Suit for permanent injunction restraining State authorities from interfering with possession — Plaintiffs claimed continuous possession since 1942 under a renewed lease and pending freehold application — Held, lawful possession has a wider import and cannot be established solely on the ground of long duration — Possession must be India Law Library Docid # 2452553
(897) BHURE URF MOHAMMAD HASAN Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 09-09-2026 Bharatiya Nyaya Sanhita, 2023 — Sections 87, 70(2), 127(2) — Protection of Children from Sexual Offences Act, 2012 — Section 5(G)/6 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 180, 183 — Grant of bail — Gang rape — FIR lodged after unexplained delay of seven months — Contradiction in victim's statements — Victim stated before doctor that no rape was committed and medico-legal report did not support sexual assault, though she alleged gang rape in statements under Sections 180 and 183 BN India Law Library Docid # 2452554
(898) POOJA YADAV AND ANOTHER Vs. STATE OF U.P. AND OTHERS[ALLAHABAD HIGH COURT] 09-09-2026 Constitution of India, 1950 — Articles 21 and 226 — Live-in relationship — Right to life and personal liberty — Protection of adults — Petitioners, being unmarried consenting adults living in a live-in relationship, sought protection from family threats. Held, once an adult chooses a partner, family members or others cannot interfere with their peaceful existence. The right to life under Article 21 is sacrosanct, operates on a high pedestal, and is not contingent upon solemnization of marriage. India Law Library Docid # 2452555
(899) PRATAP Vs. RAM BHAROSE AND OTHERS[ALLAHABAD HIGH COURT] 09-09-2026 Constitution of India, 1950 — Article 227 — Direction for time-bound disposal of pending suit — Discretion of trial court — Petitioner sought a direction to expedite and conclude proceedings in an Original Suit within a time-bound schedule — High Court declined the relief, holding that Constitutional Courts should ordinarily refrain from fixing time-bound schedules for case disposal, save in exceptional circumstances — Issue of prioritising disposal is best left to the discretion of the court wh India Law Library Docid # 2452568
(900) CHETNA HADA[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 09-09-2026 Service Law — Upgradation of educational qualification — Rejection on ground of not having studied Mathematics in Secondary School Examination — Validity — Circulars versus Statutory Rules — Rules prescribed Secondary School Examination Certificate without requiring study of any specific subject — Administrative instructions and circulars cannot supersede statutory rules — Held, where service rules do not mandate passing an examination with a specific subject, the department cannot impose such a India Law Library Docid # 2452663