ive
(901) PRAVEEN @ PANNI Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 09-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Bharatiya Nyaya Sanhita, 2023 — Sections 103(1), 115(2), 126(2) and 189(2) — Grant of regular bail — Offence of murder — Deceased suffered only a single gunshot injury as per the post-mortem report — Eyewitness statements recorded under Section 180 BNSS revealed that the fatal gunshot was fired by a co-accused, who was the principal assailant — Said principal assailant had already been enlarged on bail by the trial court — No active role a India Law Library Docid # 2452672
(902) GOPAL GOENKA Vs. STATE OF UTTARAKHAND AND OTHERS[UTTARAKHAND HIGH COURT] 09-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Inherent powers of High Court — Rejection of discharge application — Scope of interference — Applicant sought quashing of criminal proceedings and order rejecting discharge for offences under Sections 120-B, 420, 447, 467, 468, and 471 of IPC — Inherent powers are to be exercised sparingly and with circumspection to prevent abuse of process or secure the ends of justice — High Court cannot conduct a roving inquiry, mini-trial, or meticulou India Law Library Docid # 2453165
(903) TRIVENI SHIVHARI AND ANOTHER Vs. SANJAY VYAS[UTTARAKHAND HIGH COURT] 09-09-2026 Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10 — Provincial Small Cause Courts Act, 1887 — Section 25 — Eviction suit — Necessary and proper parties — Scope of enquiry — In an eviction suit filed by a landlord against a tenant, only the landlord and tenant are necessary parties — The question of title to the suit property is not germane to the decision in an eviction suit — Plaintiff being dominus litis cannot be compelled to implead a third party claiming title — Trial Court rightly rejecte India Law Library Docid # 2453166
(904) MOHAMMAD RAFEEQ KARNAI Vs. BASHIR AHMAD KARNAI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2026 Arbitration and Conciliation Act, 1996 — Section 11(6) — Reference to Sole Arbitrator — Family Settlement Deed — Parties entered into a comprehensive Settlement Deed dividing joint family properties, which culminated in a consent decree — Deed contained an arbitration clause covering disputes regarding interpretation, operation, or enforcement of its terms — Subsequent disputes arose regarding management of hotel properties, rendition of accounts, and recall of the consent decree — By consensus India Law Library Docid # 2451623
(905) HASSAN SHEIKH AND OTHERS Vs. ABDUL HAMID TUREY AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2026 Specific Relief Act, 1963 — Section 38 — Civil Procedure Code, 1908 — Section 96 — Suit for permanent prohibitory injunction simpliciter — Maintainability without declaration of title — Settled possession — Suit land an existing apple orchard under active cultivation — Proof of settled possession on preponderance of probabilities suffices to restrain third-party interference — Trial court rightly granted possessory injunction leaving title open — Unsubstantiated caretaker plea by defendants did India Law Library Docid # 2451624
(906) PEER SAIF DIN Vs. UNION OF INDIA[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT JAMMU] 08-09-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 37 — Code of Criminal Procedure, 1973 — Section 439 — Grant of bail — Commercial quantity — Meaning of "reasonable grounds" — Court while examining a bail application is not required to conduct a preliminary trial or determine guilt beyond reasonable doubt — Expression "reasonable grounds" means credible and plausible grounds enabling a person of ordinary prudence to prima facie believe that the accused is not guilty — It requires mo India Law Library Docid # 2451625
(907) GUMMAT RAM Vs. STATE OF HIMACHAL PRADESH[HIMACHAL PRADESH HIGH COURT] 08-09-2026 Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B) — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 479 — Suspension of sentence — First-time offender — Sentence of 10 years imprisonment awarded — Appellant sought suspension of sentence citing witness contradictions and custody duration — High Court held that assessing contradictions at this stage amounts to hearing the appeal — However, Section 479 BNSS applies to suspension of sentence — Appellant, a first-time off India Law Library Docid # 2451626
(908) MOHAMMAD RAFEEQ KARNAI Vs. BASHIR AHMAD KARNAI AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT AT SRINAGAR] 08-09-2026 Arbitration and Conciliation Act, 1996 — Section 11(6) and Section 17 — Family Settlement Deed maturing into Consent Decree — Comprehensive Arbitration Clause — Multiplicity of Proceedings — Consensus between Parties — Family settlement containing an arbitration clause covered all disputes regarding interpretation, operation, and enforcement. Disputes arose concerning hotel management, diversion of funds, and rendition of accounts, leading to execution proceedings, recall application under Order India Law Library Docid # 2451633
(909) KAILASH CHAND Vs. RAKESH KANWAR SECRETARY EDUCATION AND ANOTHER[HIMACHAL PRADESH HIGH COURT] 08-09-2026 Contempt of Courts Act, 1971 — Civil Procedure Code, 1908 (CPC) — Order 21 Rule 32 — Scope of contempt jurisdiction — Direction to decide representation — Execution of judgment — Petitioner sought release of consequential benefits after respondents refixed pay following directions to decide representation — Held, contempt proceedings cannot be utilized as a substitute for execution of a judgment where the court did not specifically mandate the release of consequential benefits or arrears — Appro India Law Library Docid # 2451634
(910) ASHWANI KUMAR AND OTHERS Vs. HPSEBL AND OTHERS[HIMACHAL PRADESH HIGH COURT] 08-09-2026 Service Law — Legislative Enactment — Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 — Rejection of claims based on unconstitutional legislation — Petitioners challenged orders rejecting their claim for counting contractual service towards seniority and promotion based on the Employees Act, 2024 — Held, the 2024 Act had already been declared unconstitutional and quashed in Devinder Kumar's case, affirmed by the Supreme Court — Any rejection, direction, o India Law Library Docid # 2451636
(911) ULTRATECH CEMENT LTD Vs. COMPETITION COMMISSION OF INDIA AND ANOTHER[DELHI HIGH COURT] 08-09-2026 Competition Commission of India (General) Regulations, 2009 — Regulation 25(1) — Competition Act, 2002 — Impleadment and participation in proceedings — Builders' Association of India (BAI) sought impleadment in suo motu cartelization inquiry against grey cement manufacturers — CCI allowed impleadment and permission to inspect non-confidential records and file opinion on Director General's report — Challenge to order as unreasoned — Held, CCI recorded sufficient satisfaction under Regulation 25(1 India Law Library Docid # 2451637
(912) DHARMENDRA SINGH AND ANOTHER Vs. FAZLU REHMAN[DELHI HIGH COURT] 08-09-2026 Registration Act, 1908 — Section 17(1-A) and Section 49 Proviso — Transfer of Property Act, 1882 — Section 53-A — Civil Procedure Code, 1908 (CPC) — Order VII Rule 11(d) — Suit for specific performance — Unregistered agreement to sell — Maintainability — Trial court rejected plaint on grounds of non-registration and insufficient stamping — Held, while an unregistered agreement contemplating delivery of possession cannot be relied upon to claim protection of part performance under Section 53-A, p India Law Library Docid # 2451638
(913) AMAR BAHADUR SINGH AND ANOTHER Vs. RAM PATI DEVI[DELHI HIGH COURT] 08-09-2026 Civil Procedure Code, 1908 (CPC) — Section 96 — Suit for possession and injunction — Proof of title — GPA Sales — Applicability of Suraj Lamp — Mother filed suit for possession against son and daughter-in-law based on GPA, Agreement to Sell, Will, and Receipt — Defendants contended that unregistered documents conferred no title — Held, the principle in Suraj Lamp that GPA transactions do not convey title does not assist defendants who trace their claim through the plaintiff and admit the propert India Law Library Docid # 2451639
(914) ISGEC HEAVY ENGINEERING LIMITED Vs. PRAKASH INDUSTRIES LIMITED[DELHI HIGH COURT] 08-09-2026 Arbitration and Conciliation Act, 1996 — Section 34(2A) — Performance Bank Guarantee — Invocation versus Appropriation — Patent Illegality — Invocation of a PBG relates to non-fulfilment of contractual obligations, but appropriation of proceeds is contingent upon establishing and quantifying actual loss suffered — Contract expressly excluded liability for indirect or consequential damages, loss of production, or loss of profit — Arbitral Tribunal rejected respondent's claims for such losses, yet India Law Library Docid # 2451640
(915) M/S INTERSALES AND ANOTHER Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 08-09-2026 Foreign Exchange Regulation Act, 1973 — Section 50 — Imposition of penalty — Discretion and Doctrine of Proportionality — Duty to record reasons — Authority possesses discretion to impose penalty not exceeding five times the contravention value — Merely because penalty falls within the statutory maximum does not validate it — Discretion must be exercised reasonably, judicially, and backed by recorded reasons for quantification — Quasi-judicial authority must ensure the penalty satisfies the test India Law Library Docid # 2451641
(916) SAVITA KATARIA AND OTHERS Vs. UNION OF INDIA[DELHI HIGH COURT] 08-09-2026 Railways Act, 1989 — Section 2(29) and Section 124-A — Bona fide passenger — Non-recovery of journey ticket — The mere absence or non-recovery of a journey ticket does not disentitle claimants from compensation. The initial burden on the claimant is not unduly onerous and stands discharged by an affidavit affirming that the deceased boarded the train and the ticket was lost in the accident. Once affirmed on oath, the burden shifts to the Railways to rebut the claim. Where the respondent failed t India Law Library Docid # 2451642
(917) M/S G4S SECURE SOLUTIONS (I) PVT LTD Vs. SURAJ KUMAR SAW[DELHI HIGH COURT] 08-09-2026 Constitution of India, 1950 — Articles 226 and 227 — Minimum Wages Act, 1948 — Section 20(2), Second Proviso — Limitation — Condonation of delay — Authority partly condoned delay and restricted claims to preceding three years from filing, relying on contemporaneous representations made by workmen — High Court held that whether sufficient cause is shown is essentially a question of fact within discretionary jurisdiction of the Authority — Discretion exercised on relevant considerations does not s India Law Library Docid # 2451643
(918) SANGITA ARORA Vs. STATE OF NCT DELHI AND ANOTHER[DELHI HIGH COURT] 08-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Indian Penal Code, 1860 — Sections 406, 420 and 120B — Quashing of criminal proceedings — Criminal liability of Company Directors — Petitioners contended that directors cannot be held vicariously liable for company's acts without specific statutory provisions — Held, while automatic criminal liability cannot be fastened merely by virtue of holding the post of Director, proceedings cannot be quashed where material shows individual participa India Law Library Docid # 2451645
(919) HABEEBKOYA THANGAL Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 08-09-2026 Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 — Protection of Children from Sexual Offences Act, 2012 — Pre-arrest bail — Aggravated sexual assault on minor grandchild — Grant of anticipatory bail — Scope and parameters — Pre-arrest bail cannot be granted as a matter of course — Extraordinary jurisdiction under Section 482 BNSS requires special circumstances with recorded reasons — Accused allegedly committed brutal sexual assault upon his minor grandchild and had criminal antecedents o India Law Library Docid # 2451646
(920) SHAMSUDHEEN Vs. STATE OF KERALA[KERALA HIGH COURT] 08-09-2026 Penal Code, 1860 (IPC) — Sections 363 and 376(f) — Proof of age of minor victim — Challenge to minority — Defence contended prosecution failed to conclusively prove victim was twelve years of age — Age stood established through the birth certificate, school admission register extract, and testimonies of the foster mother and school headmistress — Crucially, victim stated in her examination that she was seventeen years old, which remained unchallenged during cross-examination — Held, prosecution India Law Library Docid # 2451648