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<title><![CDATA[Supreme Court of India | High Court Judgments | Latest Indian Legal News]]></title>
<description><![CDATA[Supreme Court of India: Verdictum is India’s most-read free legal news portal where you will get all the latest Indian legal news and all Judgments of Supreme Court and important Judgments of High Courts at one place.]]></description>
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<title>Supreme Court of India | High Court Judgments | Latest Indian Legal News</title>
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<pubDate>Mon, 09 Nov 2026 16:00:13 GMT</pubDate>
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<title><![CDATA[Legal Assistant Vacancy At University of Delhi]]></title>
<tags>Legal Assistant Vacancy</tags>
<link>https://www.verdictum.in/job-updates/university-of-delhi-1625446</link>
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<category><![CDATA[Job updates]]></category>
<dc:creator><![CDATA[Suchita Shukla]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 16:00:06 GMT</pubDate>
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<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2021/12/30/1302225-job-updates-04.webp' /><p>The University
of Delhi invites applications for Legal Assistant.</p><div class="pasted-from-word-wrapper">

<p><b>Location:</b> Delhi</p>

<p><b>No. Of Posts:</b> 01</p>

<p><b>Remuneration</b>: Pay Level 06 (VII CPC)</p>

<p><b>Educational Qualification:</b> LLB</p>

<p><b>Age Limit: </b>Not stated<b></b></p>

<p><b>Last Date To Apply</b>: Nov 19, 2026.</p>

<p><b>How To Apply:</b> Interested candidates may apply online
through the website.</p>

<p><b><span style="font-size: 20px;"><a href="https://www.du.ac.in/uploads/new-web/30102026-2Advt.%20326%20Vacancy.pdf">Click here for the official notification</a></span></b></p><span style="font-size: 20px;">

</span><p><b><span style="font-size: 20px;"><a href="https://www.du.ac.in/">Click here to apply</a></span></b></p></div>]]></content:encoded>
<source url="https://www.verdictum.in/suchita-shukla"><![CDATA[Suchita Shukla]]></source>
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<item>
<title><![CDATA[Take Steps Towards Procuring Early Warning Systems For High-Risk Glacial Lakes: Sikkim High Court To Government]]></title>
<description><![CDATA[The Sikkim High Court also asked the State to take pro-active steps towards taking control of the high risk and critical glacial lakes at the earliest.]]></description>
<tags>Sikkim High Court,Chief Justice A. Muhamed Mustaque,Justice Bhaskar Raj Pradhan</tags>
<link>https://www.verdictum.in/sikkim-high-court/in-re-climatic-justice-in-the-state-of-sikkim-wppil-no11-of-2026-government-warning-systems-high-risk-glacial-lakes-1625454</link>
<guid isPermaLink="true">https://www.verdictum.in/sikkim-high-court/in-re-climatic-justice-in-the-state-of-sikkim-wppil-no11-of-2026-government-warning-systems-high-risk-glacial-lakes-1625454</guid>
<category><![CDATA[Court Updates,High Courts,Sikkim High Court]]></category>
<dc:creator><![CDATA[Tulip Kanth]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 15:30:55 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/09/26/1785106-chief-justice-a-muhamed-mustaque-justice-bhaskar-raj-pradhan-sikkim-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/09/26/1785106-chief-justice-a-muhamed-mustaque-justice-bhaskar-raj-pradhan-sikkim-hc.webp' /><p>Dealing with the issue of disaster preparedness for
40 glacial lakes of critical importance, the Sikkim High Court has asked the State and Central Governments to immediately take steps towards procuring and installing early
warning systems to prevent any calamity. The High Court has sought a response
from the State Government on the steps taken by it on the “Mero Alaichi, Mero
Dhan” (My Cardamom, My Wealth) mission.</p><div class="pasted-from-word-wrapper">

<p>The High Court also asked the State to take
proactive steps towards taking control of the high-risk and critical glacial
lakes at the earliest.</p>

<p>The Bench comprising <b>Chief Justice A. Muhamed
Mustaque </b>and <b>Justice Bhaskar Raj Pradhan</b> stated, <i>“We persuade the
State Government as well as the Central Government to immediately take steps
towards procuring and installing such early warning systems to prevent a
recurrence of a calamity like the one that struck Sikkim in October, 2023. The
State Government may respond to action taken towards the acquisition of such
systems by the next posting.”</i></p>

<p><b>Senior Advocate Doma T. Bhutia</b> represented the Petitioner, while <b>Additional
Advocate General Aarohi Bhalla </b>represented the Respondent.</p>

<h3>Factual Background</h3>

<p>In the Notification No.72/HOME/2024 dated September
11, 2024, issued by the Home Department annexed to the reply affidavit filed on
behalf of the Sikkim State Disaster Management Authority (SSDMA), it was stated
that as per the report of the National Disaster Management Authority, Sikkim has 40
high risk glacial lakes. The affidavit reported about studies undertaken on the
various lakes in Sikkim. The Amicus Curiae had suggested that keeping in mind
the precautionary principle, disaster preparedness and the objective of
anticipatory climate resilience, a State Nodal Officer for the protection of
glacial lakes should be appointed within the SSDMA to oversee disaster
preparedness for the said 40 glacial lakes of critical importance.</p>

<h3>Reasoning</h3>

<p>The Bench took note of the suggestion of the Amicus
that a Nodal Officer should be an Officer of sufficient senior rank, preferably
drawn from the Indian Administrative Service/Indian Forest Service/Indian
Police Service having rich prior experience in disaster management and flood
control initiatives, with excellent leadership and a quick-thinking approach.
It was also suggested that the Nodal Officer would be required to multi-task
and address the concerns and the comprehensive threat of GLOFs in the State of
Sikkim.</p>

<p>The Bench stated, <i>“While we are in agreement
with the suggestion of the Amici Curiae we are of the opinion that the State
should be given an opportunity to consider the above suggestion and take
pro-active steps if not already taken towards taking control of the high risk
and critical glacial lakes at the earliest. The State may file their response
by next posting.”</i></p>

<p>The Bench considered the fact that certain Indian
States, i.e. Himachal Pradesh, Uttarakhand and Bhutan have already installed
early warning systems for mitigating GLOF disaster risk. It was further
suggested to the Bench that while the study undertaken by the State Government
is comprehensive and notifications constituting a High Level Steering Committee
and a Multi-Disciplinary Task Force, as well as the Sikkim Commission on
Glacial Hazards have already been issued, the State should also apprise this Court
of the steps taken by these Committees and the Commission. <i>“We are inclined
to accept this suggestion and request the State to file a response by the next
posting”, </i>it added.</p>

<p>Reference was made to an article about the article
published in The Economic Times Sikkim’s raising the issue of failing of
cardamom plantation due to changing weather. Taking note of the State
Government’s “Mero Alaichi, Mero Dhan” (My Cardamom, My Wealth) mission, which
aims to change this, the Bench sought a response from the State Government on
the steps taken by them on this initiative.</p>

<p>The matter has now been listed on November 18,
2026.</p>

<p><b>Cause Title: In Re- Climatic Justice in the State
of Sikkim (Case No.: WP(PIL) No.11 of 2026)</b></p>

<p><b>Appearance</b></p>

<p><u>Petitioner:</u>
Senior Advocates  Doma T. Bhutia, T. R. Barfungpa, Advocates Sudhir
Mishra, Ritwika Nanda, Petal Chandhok, Aadya Sharma, Saurav Rai, Sonam Topden
Bhutia, Parvin Manger</p>

<p><u>Respondent:</u>
Additional Advocate Generals Aarohi Bhalla, Zangpo Sherpa, Government Advocate
S. K. Chettri, Assistant Government Advocate Sujan Sunwar, Deputy Solicitor
General of India Sangita Pradhan, Advocates Natasha Pradhan, Amit Kumar Sharma,
Rahul Rathi,  Sachina P.Y. Subba</p><p><a href="https://www.verdictum.in/pdf_upload/2026/11/09/2026000001120264watermark-1787441.pdf"><b>Click here to read/download Order&nbsp;</b></a></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/2026000001120264watermark-1787441.pdf" width="100%" height="800"></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/tulip-kanth"><![CDATA[Tulip Kanth]]></source>
</item>
<item>
<title><![CDATA[Arbitrary State Action Warrants Compensation: Allahabad High Court Awards ₹15L For Vehicle Seized Over Cattle-Slaughter Suspicion]]></title>
<description><![CDATA[The Court also awarded ₹25,000 for harassment and directed the vehicle's release within one week, unless required in another case.]]></description>
<tags>Allahabad High Court,Justice Sandeep Jain</tags>
<link>https://www.verdictum.in/allahabad-high-court/tej-prakash-v-state-of-uttar-pradesh-and-others-2026ahc228068-vehicle-confiscation-1625444</link>
<guid isPermaLink="true">https://www.verdictum.in/allahabad-high-court/tej-prakash-v-state-of-uttar-pradesh-and-others-2026ahc228068-vehicle-confiscation-1625444</guid>
<category><![CDATA[Court Updates,High Courts,Allahabad High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 15:00:19 GMT</pubDate>
<imagecaption><![CDATA[Justice Sandeep Jain, Allahabad High Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/01/14/1764735-allahabad-hc-justice-sandeep-jain.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/01/14/1764735-allahabad-hc-justice-sandeep-jain.webp' /><p>The Allahabad High Court, while stating that arbitrary State
action depriving a citizen of livelihood warrants compensation,
awarded approximately ₹15 lakh in compensation to the owner of a commercial vehicle
that was illegally confiscated over suspicion that it was transporting cattle
for slaughter.</p><div class="pasted-from-word-wrapper">

<p>The Court was hearing a petition under Article 226 of the
Constitution challenging the confiscation of the petitioner's vehicle under
Section 5-A of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, and the
appellate order affirming it. The petitioner also sought the vehicle's release.</p>

<p>A Bench of <b>Justice</b> <b>Sandeep Jain</b> observed: <i>“It
is apparent that whenever the instrumentalities of the State, by arbitrary and
illegal exercise of statutory powers, deprive a citizen of his legitimate means
of earning his livelihood, the constitutional courts are fully empowered to
award compensation in exercise of their public law jurisdiction. Compensation
in such cases is not merely restitutive but also serves as a constitutional
remedy against arbitrary exercise of State power”.</i></p>

<p>The Bench added: “<i>Having regard to the facts of the
present case, the nature of the vehicle, the admitted repayment of substantial
monthly loan installments and the ordinary earning capacity of a commercial
transport vehicle, this Court is of the considered opinion that the
petitioner's monthly loss of income can reasonably be assessed at Rs.40,000/-
per month.”</i></p>

<p><b>Advocates Ashish Jaiswal</b> and <b>Sushil Kumar Mishra</b>
appeared for the petitioner. <b>The Additional Government Advocate</b>
represented the State.</p>

<h3>Background</h3>

<p>The petitioner owned a commercial goods vehicle that was
seized while transporting two bullocks allegedly intended for slaughter outside
Uttar Pradesh. The District Magistrate ordered its confiscation, finding that
the animals were transported cruelly and that the vehicle was used for illegal
gain. The Commissioner dismissed the petitioner's appeal.</p>

<p>The petitioner argued that no evidence established either an
out-of-State destination or an intention to slaughter the animals. He also
submitted that no cruelty had been proved and that confiscation had deprived
him of the vehicle used to earn his livelihood.</p>

<p>He stated that the vehicle had been purchased through a loan
carrying monthly instalments of ₹27,709. The loss of income allegedly prevented
timely repayment and exposed him to penal interest. The State maintained that
the bullocks were being transported illegally for slaughter and that
confiscation was justified.</p>

<h3>Court's Observations</h3>

<p><b>Border-District Interception Did Not Prove Out-Of-State
Transport</b></p>

<p>Referring to Saurabh Bajaj v. State of Chhattisgarh (2026),
the Court noted that missing transportation documents do not establish that
cattle were being carried for slaughter. It also relied on Kaliya v. State of
U.P. (2023) and Munib v. State of U.P. (2024), which held that no permit was
required for transportation within Uttar Pradesh and that confiscation was not
automatic.</p>

<p>The Court found no statement, document or independent
witness establishing that the vehicle's intended destination was outside Uttar
Pradesh.</p>

<p>It observed: <i>“The entire reasoning adopted by the
confiscating authority proceeds on the assumption that since Mirzapur is
adjoining with the neighbouring State of Bihar, the cows and its progeny must
necessarily have been intended to be transported to the State of West Bengal
for slaughter. Such a conclusion is founded merely upon conjectures and
surmises and is wholly unsupported by any independent evidence. The existence
of an international or inter-State boundary by itself cannot constitute proof
of illegal transportation. Unless there exists positive and cogent evidence
indicating that the destination of the vehicle was outside the State of Uttar
Pradesh or that the transportation was intended for slaughter, no such
presumption can legally be drawn merely because the vehicle happened to be
intercepted in a border district.”</i></p>

<p><b>Allegation Of Cruel Transport Lacked Medical Evidence</b></p>

<p>The Court found that the two bullocks had not been examined
by a veterinary doctor and that the State had produced no veterinary report. It
held that no material established injuries endangering the animals' lives or
mutilating their bodies, as contemplated under Section 5-B of the Act.</p>

<p>The Court held: <i>“The absence of any medical examination
report of the animals, therefore, renders the allegation of their being
transported in a cruel manner unsupported by any cogent evidence. Consequently,
no case is made out for attracting the provisions of Section 5-B of the Act,
1955. There is no material on record to establish that cruelty was inflicted
upon the animals while they were being transported in the petitioner's vehicle.
It is, therefore, apparent from the record that the authorities below have
erred in recording a finding that the animals were being transported in a cruel
manner in the petitioner's vehicle.”</i></p>

<p>The Court consequently found the confiscation affected by
patent illegality, non-application of mind and misinterpretation of the
statutory provisions.</p>

<p><b>Illegal Confiscation Deprived Petitioner Of Livelihood</b></p>

<p>The Court noted that the petitioner's assertion that the
vehicle was his sole source of livelihood had not been specifically denied. His
loan account also supported the pleaded monthly instalments and resulting
financial liability.</p>

<p>It observed: <i>“The inevitable consequence of the illegal
action of the State has been that the petitioner remained deprived of his only
source of income for a substantial period without any legal justification.
Article 21 of the Constitution protects not merely life but also the right to
livelihood.”</i></p>

<p>Relying on Nilabati Behera v. State of Orissa (1993), Sube
Singh v. State of Haryana (2006) and Indibily Creative Private Limited v.
Government of West Bengal (2020), the Court held that monetary compensation was
available in public law for an established infringement of fundamental rights.
It assessed the monthly loss at ₹40,000 after considering the nature and
ordinary earning capacity of the commercial vehicle and the loan instalments.</p>

<h3>Conclusion</h3>

<p>The High Court allowed the petition and quashed the
confiscation and appellate orders. It directed the authorities to release the
vehicle forthwith, preferably within one week of receiving the certified
judgment, unless it was required in another case.</p>

<p>The authorities were directed to pay ₹40,000 per month from
the date of seizure until actual release, together with ₹25,000 for mental
agony, financial hardship and harassment. Payment must be made within one month
of receiving the certified judgment, failing which simple interest at eight per
cent per annum would apply from the judgment's date until payment.</p>

<p>The Court granted liberty to pursue enforcement remedies for
non-compliance. It also permitted the State to hold a departmental inquiry and,
after observing natural justice, recover the compensation and interest from any
officer found responsible for the illegal exercise of power.</p>

<p><b>Cause Title: Tej Prakash v. State of Uttar Pradesh and
Others (Neutral Citation: 2026:AHC:228068)</b></p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/tej-prakash-v-state-of-up-1787439.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/tej-prakash-v-state-of-up-1787439.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
</item>
<item>
<title><![CDATA[Delhi Air Pollution|Supreme Court Flags Sharp Rise In Vehicular Emissions, Seeks Response On Inter-State Vehicle Regulation]]></title>
<description><![CDATA[The Court observed that while stubble burning incidents have declined substantially, vehicular pollution has emerged as an equally pressing concern, as Delhi bears the cumulative traffic burden of neighbouring states.]]></description>
<tags>CJI Surya Kant,Justice Joymalya Bagchi,Justice V Mohana,Delhi Air Pollution</tags>
<link>https://www.verdictum.in/supreme-court/delhi-air-pollution-flags-sharp-rise-vehicular-emissions-responses-states-inter-state-vehicle-regulation-1625453</link>
<guid isPermaLink="true">https://www.verdictum.in/supreme-court/delhi-air-pollution-flags-sharp-rise-vehicular-emissions-responses-states-inter-state-vehicle-regulation-1625453</guid>
<category><![CDATA[Court Updates,Supreme Court]]></category>
<dc:creator><![CDATA[Aastha Kaushik]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 14:30:28 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/11/06/1787267-delhi-air-pollution-recent-image-supreme-court.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/11/06/1787267-delhi-air-pollution-recent-image-supreme-court.webp' /><p>The Supreme Court has directed the Municipal Corporation of Delhi (MCD), the Government of NCT of Delhi (GNCTD), the Delhi Police (Traffic Department) and the States of Haryana, Rajasthan and Uttar Pradesh to file detailed responses on the regulation of vehicular emissions in the National Capital Region, after noting a sharp increase in pollution attributable to vehicles. </p><p>The Court observed that “Delhi and the National Capital Region (NCR), by virtue of their geographical and economic interconnectedness, bear the cumulative burden of vehicular traffic originating not merely within their own boundaries but also from the neighbouring States of Uttar Pradesh, Haryana and Rajasthan.” </p><p>The authorities have been asked to address, among other things, the enforcement of Pollution Under Control (PUC) norms, the entry of over-age and end-of-life vehicles, and inter-state coordination mechanisms, with the matter now listed for November 23, 2026.</p><p>The Bench of <b>Chief Justice Surya Kant, Justice Joymalya Bagchi </b>and<b> Justice V Mohana</b> ordered, <i>"It must be borne in mind that Delhi and the National Capital Region (NCR), by virtue of their geographical and economic interconnectedness, bear the cumulative burden of vehicular traffic originating not merely within their own boundaries but also from the neighbouring States of Uttar Pradesh, Haryana and Rajasthan. The situation is further compounded by the substantial volume of both commercial and non-commercial vehicles entering and plying within the city from different parts of the region, thereby adding to the existing vehicular emission load."</i></p><p></p><section contenteditable="false" data-width="100%" style="width:100%" class="image-and-caption-wrapper clearfix hocalwire-draggable cmp-img float-none"><img src="https://www.verdictum.in/h-upload/2026/08/03/1781915-justice-joymalya-bagchi-cji-surya-kant-justice-v-mohana.webp" style="width: 100%;" draggable="true" class="hocalwire-draggable cmp-img float-none" data-uid="58139VZ86auoJWTQFTGxxrkGSGgJTDHlAUbsa7393639" data-float-none="true" data-watermark="false" info-selector="#info_item_1794208482821"><div class="inside_editor_caption image_caption hocalwire-draggable cmp-img float-none" id="info_item_1794208482821"><br></div></section><p></p><p><b>Senior Advocates Aparajita Singh, Uttara Babbar </b>and<b> Advocate Shibani Ghose</b> were the Amici Curiae, while <b>ASG Aishwarya Singh Bhati</b> appeared for the Union of India</p><p>A Suo Moto Writ Petition was <a href="https://www.verdictum.in/court-updates/supreme-court/supreme-court-to-take-up-plea-on-delhi-ncr-pollution-on-dec-3-says-need-for-continuous-monitoring-1599279">registered</a> in pursuance of the directions of the Court in the MC Mehta case. In that Writ Petition, the Court was occasioned to deal with various issues concerning the degrading air quality in the National Capital Region (NCR).</p><p>The Court had recognized that the scope of the proceedings in the said Writ Petition were multi-faceted and required a more contemporary method of addressing the wide variety of concerns raised therein, thus <a href="https://www.verdictum.in/court-updates/supreme-court/recaptions-40-year-old-mc-mehta-cases-end-unending-saga-pending-applications-1609758">directing</a> the registration of five separate Suo Moto Writ Petitions, each pertaining to a separate aspect of air pollution in NCR.&nbsp;</p><p>Representing the Union of India and CAQM, Bhati highlighted some of the efforts taken by them as well as the different States/NCT, including, inter alia, the restrictions on vehicular emissions and measures to reduce stubble burning. </p><p>The Court said, <i>"it seems to us that substantive consideration by this Court on each of the issues would require that all the States place their submissions on (i) the steps taken by them; (ii) their responses to each of the suggestions of the CAQM and the Amici; and (iii) any action that they independently propose to take moving forward. We thus grant the States two weeks’ time to place on record their submissions."</i></p><p>The Amici Curiae placed a graphical representation depicting the status of compliance with the Graded Response Action Plan (GRAP) for the period between 21.10.2026 and 03.11.2026. The data indicated a substantial decline in incidents of stubble burning across Delhi and the States of Uttar Pradesh, Haryana and Rajasthan. </p><p><i>"While this development is certainly laudable, the same data also brings to the fore a converse and equally pressing concern, namely, the sharp increase in issues attributable to vehicular emissions"</i>, the Court added.</p><p>The Court directed the Municipal Corporation of Delhi (MCD), the Government of NCT of Delhi (GNCTD), the Delhi Police (Traffic Department), as well as the States of Haryana, Rajasthan and Uttar Pradesh, to file their respective detailed responses before the next date of hearing, specifically addressing the following aspects:</p><p>1. The existing regulatory framework and enforcement mechanisms governing the entry and plying of commercial and non-commercial vehicles within Delhi and the National Capital Region, particularly those originating from neighbouring States;</p><p>2. The measures presently in place to identify, monitor and regulate vehicles that do not conform to the prescribed emission standards, including the enforcement of Pollution Under Control (PUC) certification requirements;</p><p>3. The steps taken to prevent the entry and operation of over-age, end-of-life, or otherwise non-compliant vehicles within the National Capital Region;</p><p>4. The enforcement measures undertaken against violations, including the number of vehicles inspected, challaned, denied entry or otherwise proceeded against during the relevant period;</p><p>5. The coordination mechanisms between the authorities of Delhi and the neighbouring States for regulating inter-State vehicular movement and ensuring compliance with applicable emission norms; and</p><p>6. Any further short-term and long-term measures proposed or contemplated to mitigate vehicular emissions and reduce their contribution to the deteriorating air quality in Delhi and the National Capital Region.</p><p>Accordingly, the matter was listed for a further date on November 23, 2026.</p><p>In February, 2026, the Court had <a href="https://www.verdictum.in/court-updates/supreme-court/asks-union-submit-proposals-phase-out-coal-industries-in-ncr-1608427">directed</a> the Ministry of Environment, Forest and Climate Change (MoEFCC), the Ministry of Power, and the Ministry of Petroleum and Natural Gas (MoPNG) to submit a joint proposal for phasing out coal-based industries within the NCR.</p><p>Previously, the Court <a href="https://www.verdictum.in/court-updates/supreme-court/directs-stakeholders-recommended-caqm-submit-action-plan-give-effect-longterm-measures-air-pollution-issue-1605083">directed</a> all the stakeholders recommended by the Commission for Air Quality Management (CAQM) to submit an action plan to give effect to long-term measures on issues related to air pollution.</p><p>On 6 January 2026, the Court <a href="https://www.verdictum.in/court-updates/supreme-court/directs-caqm-to-convene-expert-panel-within-two-weeks-for-delhi-ncr-air-crisis-1603599">issued</a> directions to the Commission for Air Quality Management (CAQM), emphasizing its statutory obligation to move beyond temporary fixes and establish a definitive, expert-backed understanding of the worsening air quality in Delhi-NCR.</p><p>On November 19, the court asked the Commission for Air Quality Management (CAQM) to consider directing schools in Delhi-NCR to postpone open-air sports events scheduled for November–December to “safer months” due to toxic air levels.</p><p>It had declined to impose year-round restrictions under the Graded Response Action Plan (GRAP), an emergency framework that restricts polluting activities in severe conditions, and instead emphasised the need for long-term, sustainable solutions.</p><p><b>Cause Title: In Re: Curbing Air Pollution In The National Capital Region-Regulatory And Policy Framework, Air Quality Governance And Other Ancillary Issues</b></p><p><b>Appearances:</b></p><p><u>Parties: </u>A.S.G. Aishwarya Bhati, Sr. A.A.G. Lokesh Sinhal, Sr. Adv. Ruchi Kohli, Sr. Adv. Sanjiv Sen, AOR Gurmeet Singh Makker, AOR Jyoti Mendiratta, AOR Srishti Mishra, AOR Pradeep Misra, AOR Sankey Agarwal, AOR Rahul Khurana, Adv. Onkar Singh, Adv. Avni Singh, Adv. Anshika Singh, Adv. Shreya Singh, Adv. Sanya, Adv. Saurabh Singh, Adv. M.K. Singh, Adv. Ram Narayan Mohanty, Adv. Prerna Dhall, Adv. Medha Pushkarna, Adv. Shivika Mehra, Adv. Chitrangda Rastrwara, Adv. Ananya Basudha, Adv. Daleep Dhyani, Adv. Manoj Kumar Sharma, Adv. Suraj Singh, Adv. Anupam Misra, Adv. Dinesh Jindal, Adv. Sanjay Vashishtha, Adv. Prahalad Balaji, Adv. Jharna Singh, Adv. Bhavya Singla, Adv. T. Geetha</p><p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/delhi-air-pollution-verdictum-1787411.pdf">Click here to read/download the Order</a></b></p><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/delhi-air-pollution-verdictum-1787411.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/aastha-kaushik"><![CDATA[Aastha Kaushik]]></source>
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<title><![CDATA[Assisting Court Is An Essential Duty: Delhi HC Exempts NCR-Based Lawyers & Staff From Winter Vehicle Restrictions]]></title>
<description><![CDATA[The High Court passed the order in a petition filed by the Delhi High Court Bar Association.]]></description>
<tags>Delhi  High Court,Justice Amit Mahajan</tags>
<link>https://www.verdictum.in/delhi-high-court/delhi-high-court-bar-association-v-union-of-india-1625451</link>
<guid isPermaLink="true">https://www.verdictum.in/delhi-high-court/delhi-high-court-bar-association-v-union-of-india-1625451</guid>
<category><![CDATA[Court Updates,High Courts,Delhi High Court]]></category>
<dc:creator><![CDATA[Tulip Kanth]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 14:00:43 GMT</pubDate>
<imagecaption><![CDATA[Justice Amit Mahajan, Delhi High Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2025/07/08/1727004-justice-amit-mahajan-delhi-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2025/07/08/1727004-justice-amit-mahajan-delhi-hc.webp' /><p>While observing that attendance of Advocates and the Court
staff is of utmost importance for the smooth functioning of the
Court, the Delhi High Court has granted exemption to NCR based lawyers and
staff from the restrictions imposed on car travel due to pollution.</p><div class="pasted-from-word-wrapper">

<p>The Petitioner approached the High Court aggrieved
by the fact that Advocates and Court Staff, who are residents of NCR but not
residents of NCT of Delhi, and their vehicles are not registered in the NCT of
Delhi, are not permitted to use their vehicles for coming to the Courts from
November 1, 2026 to January 31, 2027, pursuant to the Notification dated June
23, 2026.</p>

<p>The Single Bench of <b>Justice Amit Mahajan</b>
stated, <i>“Once the Courts are functional, the Advocates and the Court staff’s
attendance is, undoubtedly, of utmost importance for the smooth functioning of
the Court and they cannot be directed to not ply their vehicles.”</i></p>

<p><i>“Considering the difficulty expressed by the
petitioner, the cars of Advocates and Court staff, which are holding a valid
parking sticker of any of the Bar Associations in Delhi, are permitted to
travel to and from Delhi, during Court working days, from 01.11.2026 to
31.01.2027 on producing a valid identity card”,</i> it ordered.</p>

<p><b>Senior Advocate N. Hariharan</b> represented the Petitioner, while <b>Central Govt
Standing Counsel Pratima N. Lakra</b> represented the Respondent.</p>

<h3>Arguments</h3>

<p>The petitioner submitted that the Advocates perform
duties of the Court and their vehicles should be exempted from the said
notification.</p>

<h3>Reasoning</h3>

<p>The Bench noted that the respondents had provided
an exemption to the class of persons performing sovereign and essential duties.<i>
“Prima facie, in the opinion of this Court, the function of assisting the Court
for discharge of judicial work is also an essential duty and at times, can be
emergent in nature as well”, </i>it added.</p>

<p>The Bench also considered that the respondents had
not been able to explain how the same vehicles, which were not contributing to
pollution until October, were suddenly considered major contributors to
pollution.</p>

<p>Holding that the Advocates and the Court staff
cannot be directed not to ply their vehicles, the Bench ordered that the cars
of Advocates and Court staff, which are holding a valid parking sticker of any
of the Bar Associations in Delhi, can travel to and from Delhi from November 1,
2026 to January 31, 2027 on producing a valid identity card.</p>

<p><b>Cause Title: Delhi High Court Bar Association
(Through Its Honorary Secretary) v. Union Of India (Case No.: W.P.(C)
16793/2026)</b></p>

<p><b>Appearance</b></p>

<p><u>Petitioner: </u>Senior Advocates N. Hariharan, Rakesh
Tiku, Prem Lata Bansal, Advocates Vikram Singh Panwar, Kanika Singh, Kunal
Malhotra, B.S. Dhir, Kajal Chandra, Vidhi Gupta, Amit Choudhary, Chandrika
Gupta, Shrey Sharawat, Nitesh Mehra, Lakshy Kaushik, Amaan Shreyas, Mannat
Tipnis, Punya Rekha Angara, Aman Akhtar, Amartya Khanjilal, Arjan Singh Mandla,
Vasundhara Raj Tyagi, Apoorv Kumar, Monu, Jai Girdhar and Shreyangana Bag</p>

<p><u>Respondent:</u> Central Govt Standing Counsel Pratima
N. Lakra, Govt Pleader Sarvesh P. Shrivastava, Santha Smruthi, Shailendra Kumar
Mishra, Standing Counsel Sanjay Vashishta, Advocate Siddhartha Goswami</p>

<p><a href="https://www.verdictum.in/pdf_upload/2026/11/09/highcourtorder-65watermark-1787415.pdf"><b>Click here to read/download Order</b></a></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/highcourtorder-65watermark-1787415.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p> </p></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/tulip-kanth"><![CDATA[Tulip Kanth]]></source>
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<title><![CDATA[Large Scale Conversions With Objective Of Converting India To Islamic State: Allahabad High Court Refuses To Grant Bail To 8 Convicts]]></title>
<description><![CDATA[The Allahabad High Court was considering a criminal appeal filed by the accused convicts in a case registered under the provisions of the IPC, the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act and the Foreign Contribution (Regulation) Act, 2010.]]></description>
<tags>Allahabad High Court,Justice Ram Manohar Narayan Mishra,Justice Rajesh Singh Chauhan</tags>
<link>https://www.verdictum.in/allahabad-high-court/kunal-ashok-chaudhari-atif-v-state-of-up-conversion-funding-outside-bail-convicts-1625443</link>
<guid isPermaLink="true">https://www.verdictum.in/allahabad-high-court/kunal-ashok-chaudhari-atif-v-state-of-up-conversion-funding-outside-bail-convicts-1625443</guid>
<category><![CDATA[Court Updates,High Courts,Allahabad High Court]]></category>
<dc:creator><![CDATA[Tulip Kanth]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 13:30:49 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/11/09/1787435-allahabad-hc-lucknow-bench-justice-ram-manohar-narayan-mishra-and-justice-rajesh-singh-chauhan.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/11/09/1787435-allahabad-hc-lucknow-bench-justice-ram-manohar-narayan-mishra-and-justice-rajesh-singh-chauhan.webp' /><p>The Allahabad High Court has rejected the bail
applications of 8 convicts booked in an illegal conversion case after noting
that they had engaged in large-scale conversion and were also allegedly
receiving huge funding from within and outside the country. The High Court,
however, granted bail to other eight accused, considering that the allegations
against them were comparatively on the lighter side.</p><div class="pasted-from-word-wrapper">

<p>The High Court was considering a criminal appeal
filed by the accused convicts in a case registered under sections 120B, 153A,
153B, 295A, 417, 298, 121A, 123 IPC, Sections 3, 5, 8 of the Uttar Pradesh
Prohibition of Unlawful Conversion of Religion Act, 2021 and Sections 11, 35 of
the Foreign Contribution (Regulation) Act, 2010.</p>

<p>The Bench comprising<b> Justice Ram Manohar Narayan
Mishra </b>and <b>Justice Rajesh Singh Chauhan</b> held, <i>“Adopting, engaging
in large scale conversion by means of allurement, threat, deceit, wrongful
confinement and for that purpose receiving huge funding from within and outside
the country with objective of converting India from secular to Islamic state... a conspiracy against government of the country. And it cannot be
said that the case of the appellants does not come within the purview of
Section 121- A IPC. Section covers conspiracy to overawe the Central or State
Government by means of criminal force or the show of criminal force and for
this actual use of force is not necessary.”</i></p>

<p><b>Advocate Abhishek Ranjan</b> represented the Appellant, while <b>Govt Advocate </b>represented
the Respondent.</p>

<h3>Factual Background</h3>

<p>The case originated with the lodging of the FIR on
the allegations that some anti-social and anti-national organisations were
destabilising the demography of the country by indulging in large-scale
conversion on instructions of some religious organisations/syndicate / foreign
elements and funding obtained from them, due to which the fraternity of the
country is being disturbed. They were allegedly running a campaign with mala
fide design targeting the gullible persons, deaf and dumb women, children, people
of SC/ST and people of weaker sections for their conversion into Islam. After
getting information from various sources and contents of the FIR lodged under
Sections 419, 420, 295A, 505 and 506 IPC and an interrogation of suspects,
these facts surfaced that Mohd. Umar Gautam was himself a convert to Islam from
Hinduism and was undertaking a large-scale mass conversion of non-Muslims and
people of weaker sections.</p>

<p>It became known that they had converted around 1000
persons from the Hindu religion to Islam, and they had also conducted
interfaith marriages of these people. Umar and his associates had constituted
an organisation, namely, National Dawah Centre in Jamia Nagar, New Delhi, with
an objective to convert non-Muslims into the Muslim religion. It was also
stated in the FIR that the other accused, Mufti Qazi Jhangeer Qasmi, a resident
of New Delhi, is an associate of Umar Gautam and he had been issuing religious
conversion certificates &amp; marriage certificates in an unlawful
manner.</p>

<p>During the course of investigation, the name of the
other appellants surfaced, and they were chargesheeted for alleged offences by
the Investigating Officer. The Trial Court convicted and sentenced the
appellants. Aggrieved thereby, the accused convicts approached the High Court.</p>

<h3>Reasoning</h3>

<p>The Bench noted that a speech by Maulana Kaleem
Siddiqui on a YouTube channel was retrieved by the Investigating Officer, in
which he appealed to take back the region of Hindustan and make it an Islamic
state. He is the founder of Jamiyat Imam Ali, which had received a huge amount
of donations in different accounts. The Bench further noticed that the main
accused, Umar Gautam, was running the Islamic Dawah Centre (IDC), which had
evidence of huge funding from different sources, and he had also organised the
Annual Revert Get-Together of such converted persons.</p>

<p>The Bench also found that a video/photo collected
from him and co-accused mobile phone data had proved his guilt. The Bench noted
that his son, Abdullah Umar, received Rs 28 lakhs in his ICICI bank account,
out of which Rs.3 lakh 8 thousand was received from the UK. A sum of Rs.6000
was transferred by him to the account of Shahabuddin to pay this to a converted
Muslim, Neenu Kanwar, for the purposes of religious conversion.</p>

<p>The Bench took note of the fact that the appellants
had undergone more than 4 years and 6 months of imprisonment till date during trial
and after conviction in jail custody.</p>

<p>The Bench rejected the bail applications of the
appellants  Mohd. Umar Gautam, Mufti Qazi Jhangeer Qasmi, Sallahuddin
Jainuddin Sheikh, Prasad Rameshwar Kawre @ Adam, Maulana Kaleem Siddiqui, Irfan
Shaikh @ Irfan Shaikh, Kauser Alam, Dr. Faraz Babullah Shah.</p>

<p>The Bench found that the appellants, namely, Mohd.
Saleem, Rahul Bhola @ Rahul Ahmad, Mannu Yadav and Kunal Ashok Chaudhari @
Atif, had not been convicted for charge under Section 121A IPC. <i>“As a
result, appellants, namely, (1) Mannu Yadav, (2) Abdullah Umar, (3) Dheeraj
Govindrao Jagtap, (4) Bhoopriya Bando @ Arslan Mustafa, (5) Sarfaraz Ali Jafri,
(6) Mohd. Saleem, (7) Kunal Ashok Chaudhari @ Atif and (8 ) Rahul Bhola deserve
to be released on bail in the light of totality of facts and circumstances of
the case, the role atributed to them, the evidence regarding overact committed
by them in the alleged offences”, </i>it ordered.</p>

<p><b>Cause Title: Kunal Ashok Chaudhari @ Atif v. State
Of U.P. (Case No.: CRIMINAL APPEAL No. - 4008 of 2024)</b></p>

<p><b>Appearance</b></p>

<p><u>Appellant:</u>
Advocates Abhishek Ranjan, Abhishek Singh, Amarjeet Singh Rakhra, Amjad
Siddiqui, Ajai Pratap Singh Chauhan, Furkan Pathan, Indu Prakash Singh, Krishan
Kumar, Mohemmed Amir Naqvi, Mukul Joshi, Najmussaquib, O.P. Tiwari, Prabhat
Ranjan Pandey, Rahul Srivastava, Rajanish Kumar Tiwari, Rajesh Chandra Mishra,
Rudra Pratap Singh, Salil Kumar Srivastava, Sameer Singh, Subhash Bisaria,
Sushil Kumar Singh, Varun Kumar Gupta, Zia Ul Qayuim</p>

<p><u>Respondent:</u>
Govt Advocate, Shiv Nath Tilhari</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/crlal40082024watermark-1787432.pdf">Click here to read/download Order</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/crlal40082024watermark-1787432.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div>]]></content:encoded>
<source url="https://www.verdictum.in/tulip-kanth"><![CDATA[Tulip Kanth]]></source>
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<title><![CDATA[Court Must Expedite Trial Instead Of Granting Bail In UAPA Cases: Bombay High Court Sets Aside Sachin Waze's Bail In Antilia Bomb Scare Case]]></title>
<description><![CDATA[The Court found prima facie material connecting Waze to the alleged offences and held that prolonged incarceration could not, in the facts of the case, be the sole consideration for bail.]]></description>
<tags>Bombay High Court,Justice GS Kulkarni,Justice Dr.Neela Gokhale</tags>
<link>https://www.verdictum.in/bombay-high-court/national-investigation-agency-v-state-of-maharashtra-and-another-2026bhc-as45322-db-1625439</link>
<guid isPermaLink="true">https://www.verdictum.in/bombay-high-court/national-investigation-agency-v-state-of-maharashtra-and-another-2026bhc-as45322-db-1625439</guid>
<category><![CDATA[Court Updates,High Courts,Bombay High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 12:50:25 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/09/23/1784891-bombay-hc-justice-gs-kulkarni-dr-justice-neela-gokhale.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/09/23/1784891-bombay-hc-justice-gs-kulkarni-dr-justice-neela-gokhale.webp' /><p>The Bombay High Court has held that once the statutory
embargo under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967,
applies because there are reasonable grounds to believe that the accusations
are prima facie true, the judicial response should be to prioritise and
expedite the trial rather than grant bail contrary to the statutory mandate.</p><div class="pasted-from-word-wrapper">

<p>Applying the principle, the Court allowed the National
Investigation Agency's appeal and quashed the Special Court's order granting
bail to former police officer Sachin Waze in the Antilia bomb-scare case.</p>

<p>The Court was hearing an appeal under Section 21 of the
National Investigation Agency Act, 2008, against the Special Court's order
granting bail. Waze is facing charges under Sections 16, 18 and 20 of the UAPA,
along with offences under the Indian Penal Code, 1860, and the Arms Act, 1959.</p>

<p>A Bench of <b>Justice G.S. Kulkarni</b> and<b> Justice</b> <b>Dr
Neela Gokhale</b> observed: <i>“As per the legal principles in relation to bail
in offences under the UAPA as discussed hereinabove, the statutory mandate
requires the Court to refuse bail in the face of existence of reasonable
grounds to believe that the accusation is prima facie true. Once this threshold
is crossed, the appropriate judicial response is to ensure prioritization and
expedition of the case, not to grant bail in disregard of the statutory
mandate. The offence carries a sentence of life imprisonment, and incarceration
of 5 years cannot be said to be long incarceration in the facts of the present
case.”</i></p>

<p><b>Additional Solicitor General Anil C. Singh</b> appeared
for the NIA. <b>Advocate V.M.</b> Thorat represented Waze.</p>

<h3>Background</h3>

<p>The prosecution alleged that Waze was involved in placing a
vehicle containing gelatin sticks and a threat note near the Ambani family's
residence. It also alleged a staged vehicle theft, pressure on its owner to
accept responsibility, his subsequent murder and destruction of evidence.</p>

<p>An earlier bail application had been rejected. After the
investigation and framing of charges, the High Court permitted a fresh
application to be decided on its merits and in accordance with law. The Special
Court subsequently granted bail.</p>

<p>The NIA argued that the Special Court ignored the embargo
under Section 43D(5) of the UAPA, the alleged conspiracy and the material
attributing a central role to Waze. It also cited risks to witnesses and
evidence.</p>

<p>Waze relied on prolonged incarceration and likely trial
delay. He disputed the ingredients of a terrorist act, noting that the gelatin
sticks lacked a detonator or fuse, and sought parity with co-accused granted
bail.</p>

<h3>Court's Observations</h3>

<p><b>Section 43D(5) Required A Limited Prima Facie Inquiry</b></p>

<p>Relying on National Investigation Agency v. Zahoor Ahmad
Shah Watali (2019), Vernon v. State of Maharashtra (2023) and Gurwinder Singh
v. State of Punjab (2024), the Court held that the prosecution material must be
assessed as a whole without conducting a mini-trial.</p>

<p>Referring to the statutory restriction, the Court noted the
following formulation from Gurwinder Singh: <i>“It lays down that if the Court,
‘on perusal of the case diary or the report made under Section 173 of the Code
of Criminal Procedure’, is of the opinion that there are reasonable grounds for
believing that the accusation, against such person, as regards commission of
offence or offences under Chapter IV and/or Chapter VI of the UAP Act is prima
facie true, such Accused person shall not be released on bail or on his own
bond. It is interesting to note that there is no analogous provision traceable
in any other statute to the one found in Section 43-D(5) of the UAP Act. In
that sense, the language of bail limitation adopted therein remains unique to
the UAP Act.”</i></p>

<p>The Court found that the Special Judge had neither applied
the settled criteria nor considered why the earlier bail request was rejected,
as required by Prasad Shrikant Purohit v. State of Maharashtra (2018). It also
rejected the conclusions that the High Court's permission to file afresh
indicated merit in the request and that framing charges required a lesser
degree of satisfaction than deciding the bail application.</p>

<p><b>Prosecution Material Crossed The Statutory Threshold</b></p>

<p>The Court found prima facie material concerning the alleged
substitution of number plates, placement of the vehicle near Antilia, the
threat note, pressure placed on the vehicle's owner and destruction of
electronic material.</p>

<p>It held: <i>“Against the backdrop of the relevant material
pointing to the prima facie involvement of Accused No. 1 in the offences as
charged, Mr Thorat has addressed at length a plea of delay in commencement of
the trial and of prolonged incarceration. On these submissions, we do not agree
with Mr Thorat. The material taken cumulatively reflects a clear role
attributed to Accused No. 1, in his actions having a direct nexus to the
unlawful activities attracting the said provisions under the UAPA. We are of
the considered view that the prosecution material as it stands crosses the
threshold and the statutory embargo prescribed under Section 43D(5) operates
with full force.”</i></p>

<p>It also found a reasonable apprehension that his release
could affect witnesses and trial integrity.</p>

<p><b>Prolonged Incarceration Was Not A Singular Consideration</b></p>

<p>Referring to Union of India v. K.A. Najeeb (2021) and Syed
Iftikhar Andrabi v. National Investigation Agency (2026), the Court recognised
the constitutional power to grant bail where prolonged incarceration and delay
violate Article 21. However, time does not mechanically entitle an accused to
bail.</p>

<p>In the present case, the Court observed: <i>“Before parting,
we may observe that the argument of prolonged pre-trial incarceration cannot be
a singular factor or a sole consideration for bail in the facts of the present
case. This, more particularly, in the context of several other considerations as
discussed by us, which in our opinion, are germane in considering whether
accused No.1 could at all sustain his plea for bail. Liberty as enshrined under
Article 21 thus in the facts of the case, would be required to be viewed in a
wider perspective in the context of the serious accusations involving offences
under the UAPA and the manner in which the provisions of law would mandate such
consideration. Further, as urged on behalf of the NIA, the trial is also set to
commence.”</i></p>

<h3>Conclusion</h3>

<p>The High Court allowed the NIA's appeal and quashed and set
aside the order granting bail. It held that the material crossed the prima
facie threshold under Section 43D(5) of the UAPA and that the embargo operated
with full force.</p>

<p>The Court also disposed of the NIA's interim application as
not pressed.</p>

<p><b>Cause Title: National Investigation Agency v. State of
Maharashtra and Another (Cause Title: 2026:BHC-AS:45322-DB)</b></p>

<p><b>Appearances</b></p>

<p><u>NIA:</u> Anil C. Singh, Additional Solicitor General,
assisted by Chintan Shah and Amogh Singh, Special Public Prosecutors, and
others</p>

<p><u>Respondent:</u> Advocate V.M. Thorat, assisted by Advocate
Sajal Yadav and others</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/national-investigation-agency-v-state-of-maharashtra-1787425.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/national-investigation-agency-v-state-of-maharashtra-1787425.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
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<title><![CDATA[Appeal Against Acquittal U/S 138 NI Act Can Be Dismissed For Non-Prosecution If No Steps Taken To Serve Notice On Accused: Andhra Pradesh HC]]></title>
<description><![CDATA[The Court held that it cannot convict an accused without serving notice on him, and dismissed a complainant bank’s appeal pending since 2009 for non-prosecution.]]></description>
<tags>Justice Alapati Giridhar,Andhra Pradesh High Court</tags>
<link>https://www.verdictum.in/andhra-pradesh-high-court/complainant-appeal-acquittal-section-138-ni-act-dismissed-non-prosecution-if-notice-not-served-1625438</link>
<guid isPermaLink="true">https://www.verdictum.in/andhra-pradesh-high-court/complainant-appeal-acquittal-section-138-ni-act-dismissed-non-prosecution-if-notice-not-served-1625438</guid>
<category><![CDATA[Court Updates,High Courts,Andhra Pradesh High Court]]></category>
<dc:creator><![CDATA[Aastha Kaushik]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 12:10:03 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/11/09/1787429-justice-alapati-girdhar-and-andhra-pradesh-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/11/09/1787429-justice-alapati-girdhar-and-andhra-pradesh-hc.webp' /><p>The Andhra Pradesh High Court has held that when an appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881 is filed by the complainant, and the complainant consistently fails to take steps to serve notice on the accused despite several opportunities, the High Court can exercise its inherent powers and dismiss the appeal for non-prosecution.</p><p>The Court observed that although the settled law is that a criminal appeal cannot be dismissed for non-prosecution or default and must be decided on its merits, the Court cannot allow an appeal against acquittal and convict the accused without serving notice on him.</p><p>The Court dismissed the appeal filed by the complainant bank, which had been pending since 2009, after noting that the Appellant could not serve notice on the accused for all these years despite many opportunities.</p><p>The Bench of <b>Justice Alapati Giridhar</b> observed, <i>“This Court is of the humble view that when the Appeal is filed by the Complainant challenging an order of acquittal, and the Complainant consistently did not pursue the Appeal to take steps to serve notice on the Accused despite being granted several opportunities, this Court has no option except to exercise its inherent powers and dismiss the Appeal for non-prosecution.”</i></p><p><b>Advocate K.V. Akhileswra Reddy</b>&nbsp;appeared for the Appellant, while the <b>Public Prosecutor </b>appeared for the Respondents.</p><p>Brief Facts</p><p>The Appellant, National Cooperative Bank Ltd., filed a complaint against the accused under Section 138 of the Negotiable Instruments Act. On 01.09.2008, the Trial Court acquitted the accused under Section 256 of the Code of Criminal Procedure, 1973, recording that the complainant was absent and the counsel was also absent.</p><p>An appeal was filed assailing the said order. The record revealed that the Appellant could not serve notice on the accused for all these years despite many opportunities, and that on some dates none appeared for the Appellant. The appeal remained on the old pendency list.</p><h3>Contentions of the Parties</h3><p>The Appellant submitted that the Appellant was not in touch with the counsel and that he had no instructions. The Court noted that the same had also been represented on 21.08.2025.</p><h3>Observations/Findings of the Court</h3><p>The Court framed the short question for consideration as “whether this Court can decide the Appeal on merits against acquittal under Section 138 of the Negotiable Instruments Act, even without serving notice on the Respondent/Accused and without giving him an opportunity to be heard.”</p><p>The Court referred to the decision of the 3-Judge Bench of the Supreme Court in <i>Bani Singh and Others v. State of U.P.</i>, wherein it was held that the law does not envisage the dismissal of a criminal appeal for default or non-prosecution but only contemplates disposal on merits after perusal of the record. The Court noted that the said judgment was rendered in an appeal filed by the accused against the State, challenging his conviction.</p><p>The Court also referred to <i>Associated Cement Co. Ltd. v. Keshvanand and National Small Industries Corporation Limited v. State (NCT of Delhi)</i>, wherein the Supreme Court recognised the jurisdiction of the Magistrate to dismiss a complaint where the complainant is absent.</p><p>Distinguishing an appeal against conviction from an appeal against acquittal in complaint cases, the Court held, <i>“The answer is in the negative, as the Complainant has to take steps to serve notice on the Accused and assist the Court for disposal of the Appeal, the Court cannot proceed to decide the Appeal on merits as the Court cannot allow the Appeal and convict the accused even without serving notice on him.”</i></p><p>The Court clarified that if the notice is served on the accused and he does not appear, does not engage a counsel, or the counsel engaged by the accused does not appear, the Court shall dispose of the appeal on merits in accordance with the law laid down in <i>Bani Singh</i>.</p><p>The Court further observed, <i>“If this course is not followed, the Appeal would remain pending for years, as in this case even when the Complainant has failed to appear and even to take steps to serve notice on the Accused despite opportunities, where the Appeal cannot be disposed of on merits without giving the Accused an opportunity to be heard, which amounts to burdening the Courts by adding these Appeals to the existing list of cases of old pendency.”</i></p><p>Accordingly, the Court dismissed the appeal for non-prosecution.</p><p><b>Cause Title: National Cooperative Bank Ltd. v. S. Mary Joyice and Anr. [Criminal Appeal No. 1022 of 2009]</b></p><p><b>Appearances:</b></p><p><u>Appellant:</u> Advocate K.V. Akhileswra Reddy (on behalf of Advocate N. Ravi Prasad)</p><p><u>Respondents: </u>Public Prosecutor</p><p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/national-ccorporative-verdictum-1787426.pdf">Click here to read/download the Judgment</a></b></p><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/national-ccorporative-verdictum-1787426.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/aastha-kaushik"><![CDATA[Aastha Kaushik]]></source>
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<title><![CDATA[Offence Committed Before Accused Became Legislator Can Be Tried By MP/MLA Special Court: Karnataka High Court]]></title>
<description><![CDATA[The Court quashed the proceedings before the regular Magistrate but remitted the matter to the designated Special Court to regulate its procedure and pass appropriate orders.]]></description>
<tags>Karnataka High Court,Justice M Nagaprasanna</tags>
<link>https://www.verdictum.in/karnataka-high-court/bm-farooq-bava-mohammed-farookh-v-state-of-karnataka-and-another-1625436</link>
<guid isPermaLink="true">https://www.verdictum.in/karnataka-high-court/bm-farooq-bava-mohammed-farookh-v-state-of-karnataka-and-another-1625436</guid>
<category><![CDATA[Court Updates,High Courts,Karnataka High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 11:30:00 GMT</pubDate>
<imagecaption><![CDATA[Justice M. Nagaprasanna, Karnataka High Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2025/07/14/1728632-karanataka-high-court-and-justice-m-nagaprasanna.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2025/07/14/1728632-karanataka-high-court-and-justice-m-nagaprasanna.webp' /><p>The Karnataka High Court has held that Special Courts
constituted to try criminal cases against sitting and former MPs and MLAs are
competent to take cognizance of and try such cases irrespective of whether the
alleged offence was committed before or after the accused became a legislator.</p><div class="pasted-from-word-wrapper">

<p>The Court consequently set aside the proceedings before the
regular Magistrate and remitted the matter to the Special Court designated to
try cases against sitting and former MPs and MLAs that are triable by
Magistrates in Karnataka.</p>

<p>The Court was hearing a petition under Section 482 of the
Code of Criminal Procedure, 1973, challenging the cognizance taken by a regular
Magistrate in proceedings alleging offences under the Indian Penal Code, 1860.
The petitioner confined his challenge to the Magistrate's jurisdiction and
sought remittal of the matter to the designated Special Court.</p>

<p>A Bench of <b>Justice</b> <b>M. Nagaprasanna</b> observed<i>
</i>that<i> “the Special Courts, constituted pursuant to the direction of the
Apex Court for trial of cases against sitting and former MPs and MLAs, are the
Courts competent to take cognizance of and try such cases, irrespective of
whether the offence is committed before or after the accused becomes a
legislator, the object being expeditious disposal of such cases.”</i></p>

<p><b>Senior Advocate M. Aruna Shyam</b> appeared for the
petitioner. <b>State Public Prosecutor-I B.N. Jagadeesha </b>represented the
State, while <b>Advocate Sathyanarayana Chalke</b> appeared for the second
respondent.</p>

<h3>Background</h3>

<p>Criminal proceedings were initiated against the petitioner
for alleged criminal breach of trust, cheating, forgery, use of forged
documents and conspiracy under the IPC. After the investigation, the police
filed a closure report. The complainant filed a protest petition, following
which the regular Magistrate took cognizance of the alleged offences.</p>

<p>In the intervening period, the petitioner became a
legislator. He approached the High Court contending that the regular Magistrate
lacked jurisdiction because cases involving sitting and former legislators were
required to be dealt with by the Special Court constituted for that purpose.</p>

<p>The petitioner sought remittal rather than termination of
the case. Although the State opposed the petition on the merits, it accepted
that earlier High Court decisions required the Special Court to take
cognizance.</p>

<h3>Court's Observations</h3>

<p><b>Special Courts Designated According To Nature Of Trial</b></p>

<p>The Court relied on Dr. K. Sudhakar v. State of Karnataka
(2024), which explained that Karnataka had constituted separate Special Courts
for cases against sitting and former MPs and MLAs depending on whether the
offences were triable by a Magistrate or a Court of Session.</p>

<p>The earlier decision had held: <i>“The petitioner is an
elected representative, insofar as elected representatives are concerned, two
Courts are constituted pursuant to the direction of the Apex Court. One, the
Special Court for trial of cases filed against sitting as well as former MP's
and MLA’s, triable by Magistrate in the State of Karnataka and the other
Special Court of the District Judge - the Court of Session. Since, the
petitioner was a people representative, the police after investigation ought to
have filed their final report before the Special Court for trial of cases filed
against sitting as well as former MP's and MLA’s, triable by Magistrate in the
State of Karnataka and not the Court of the Regular Magistrate.”</i></p>

<p>Applying that ruling, the Court held that the present matter
should have been placed before the Special Court competent to deal with
Magistrate-triable cases involving legislators.</p>

<p><b>Status On Date Of Alleged Offence Was Immaterial</b></p>

<p>The Court also relied on Dr Y. Ramappa v. State of Karnataka
(2026), in which a coordinate Bench considered decisions of the Delhi and
Manipur High Courts.</p>

<p>The Manipur High Court had held that “<i>the Special Courts
have jurisdiction to try all cases against the former and sitting legislatures
irrespective of their status at the time of commission of such offences.”</i></p>

<p>The coordinate Bench had preferred this approach over the
view that jurisdiction depended on the accused being a sitting legislator when
the alleged offence was committed. The present Court applied that reasoning.</p>

<p><b>Jurisdictional Error Did Not Extinguish The Case</b></p>

<p>The Court clarified that cognizance taken by a court lacking
jurisdiction was unsustainable, but this did not nullify the complaint or
investigation. The matter had to be placed before the competent Special Court
for further orders.</p>

<p>The Karnataka High Court in Dr. K. Sudhakar (2024) had
explained: <i>“Who has taken cognizance is discernable by an order itself and
it is an admitted fact that the said Court does not have jurisdiction to deal
with cases of people's representatives. Therefore, the final report ought to
have been placed before the Special Court so constituted. Since it is a
jurisdictional error, it is on the face of it, unsustainable. However, that
does not mean that the complaint or investigation would vanish. The final
report must be placed before the jurisdictional Court and the jurisdictional
Court to take the matter further by regulating its procedure.”</i></p>

<h3>Conclusion</h3>

<p>The High Court allowed the petition and quashed the
proceedings pending before the regular Magistrate. It remitted the matter to
the Special Court constituted to try Magistrate-triable cases against sitting
and former MPs and MLAs in Karnataka.</p>

<p>The Special Court was directed to regulate its procedure and
pass appropriate orders in accordance with law. The complaint and investigation
were therefore preserved for consideration by the competent court.</p>

<p><b>Cause Title: B.M. Farooq @ Bava Mohammed Farookh v. State
of Karnataka and Another</b></p>

<p><b>Appearances</b></p>

<p><u>Petitioner:</u> M. Aruna Shyam, Senior Advocate, assisted
by Suyog Herele E., Advocate</p>

<p><u>Respondents</u>: B.N. Jagadeesha, State Public
Prosecutor-I; Sathyanarayana Chalke, Advocate, for S. Rajendra, Advocate</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/bm-farooq-v-state-of-karnataka-1787420.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/bm-farooq-v-state-of-karnataka-1787420.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
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<title><![CDATA[Mere Reporting Of Violent Incident Doesn't Amount To Promoting Enmity Between Groups: Madhya Pradesh HC Quashes FIR Against Journalist]]></title>
<description><![CDATA[The Court quashed an FIR against a YouTube journalist, holding that general allegations of fear and communal tension cannot sustain prosecution without specific words promoting enmity.]]></description>
<tags>Justice Himanshu Joshi,Madhya Pradesh High Court</tags>
<link>https://www.verdictum.in/supreme-court/2026-mphcjbp-86748-uvesh-khan-v-state-section-1961-bnss-1625435</link>
<guid isPermaLink="true">https://www.verdictum.in/supreme-court/2026-mphcjbp-86748-uvesh-khan-v-state-section-1961-bnss-1625435</guid>
<category><![CDATA[Court Updates,Supreme Court]]></category>
<dc:creator><![CDATA[Aastha Kaushik]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 10:50:53 GMT</pubDate>
<imagecaption><![CDATA[Justice Himanshu Joshi, Madhya Pradesh High Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/08/03/1781945-mp-hc-jabalpur-bench-justice-himanshu-joshi.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/08/03/1781945-mp-hc-jabalpur-bench-justice-himanshu-joshi.webp' /><p>The Madhya Pradesh High Court has held that the mere reporting of an incident involving violence does not, by itself, constitute an offence under Section 196(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which penalizes acts that promote or attempt to promote enmity between different groups.</p><p>The Court observed that the applicant’s status as a journalist does not confer immunity from criminal prosecution where the ingredients of an offence are otherwise made out. Equally, the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution cannot be curtailed merely because a report concerns a sensitive public incident.</p><p>The Court quashed the FIR registered against a journalist operating a YouTube news channel, who had broadcast a report concerning a violent incident during the Ganesh Visarjan procession at Silwani.</p><p>The Bench of<b> Justice Himanshu Joshi</b> observed, <i>“Section 196(1) of the BNS, which corresponds substantially to Section 153A of the Indian Penal Code, penalizes acts that promote or attempt to promote disharmony, enmity, hatred or ill-will between different groups on specified grounds. The mere reporting of an incident involving violence does not, by itself, constitute the offence. The nature and content of the publication, the context in which it was made, and the requisite connection with the promotion or attempted promotion of enmity between groups are material considerations.”</i></p><p><b>Advocate Sankalp Kochar</b> appeared for the Petitioner, while <b>GA Pramod Pandey </b>appeared for the Respondent-State.</p><h3>Brief Facts</h3><p>A petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was filed seeking quashing of the FIR&nbsp; registered at Police Station Silwani, District Raisen, for the offence punishable under Section 196(1) of the BNS, and all consequential proceedings arising therefrom.</p><p>The prosecution case was that during the Ganesh Visarjan procession at Silwani, the applicant, who is a journalist and operates a YouTube news channel, broadcast a report concerning an incident in the town.</p><p>The complaint alleged that the manner in which the incident was reported created fear and confusion among members of the Hindu community and had the potential to provoke communal discord. On the basis of the complaint, the FIR was registered against the applicant.</p><h3>Contentions of the Parties</h3><p>The applicant contended that he is a journalist by profession, as demonstrated by his UDYAM certificate and the appointment letter issued by DNN News Channel. It was contended that the news report merely reported a violent incident during the Ganesh Visarjan procession in which two persons sustained injuries.</p><p>It was further submitted that another FIR had already been registered at the same police station regarding an assault upon Ramashankar Dixit during the procession. It was argued that the report neither promoted enmity between communities nor contained any material indicating an intention to create communal disharmony. Consequently, the essential ingredients of Section 196(1) of the BNS were absent, and continuation of the proceedings would amount to an abuse of the process of law.</p><p>The State contended that the allegations concern reporting of an incident in a sensitive communal setting and that the effect and context of the publication require investigation. It was contended that the FIR discloses allegations warranting investigation and that the proceedings ought not to be quashed at the threshold. Respondent No. 2 also opposed the relief sought and supported the registration of the FIR.</p><h3>Observations/Findings of the Court</h3><p>The Court referred to <i>Patricia Mukhim v. State of Meghalaya (2021)</i>, wherein the Supreme Court, relying upon <i>Bilal Ahmed Kaloo v. State of A.P., (1997),</i>&nbsp;reiterated that mens rea is an essential ingredient of the offence under Section 153A IPC and that the promotion of enmity or ill-will between at least two groups or communities is necessary.</p><p>The Court noted, <i>“Mere incitement of the feelings of one community, without reference to another community or group, would not by itself attract the provision. The alleged words and expressions must be assessed in their entirety and in the context in which they were used.”</i></p><p>It was observed that the screenshot of the news report indicated that the report concerned a violent incident at two places during the procession, resulting in injuries to two persons. </p><p>It was noted that the registration of another FIR concerning an alleged assault during the same procession lends support to the applicant’s contention that the report related to an actual incident. However, the mere existence of another FIR would not, by itself, conclusively establish the legality or otherwise of the impugned publication.</p><p>The Court remarked, <i>“Nevertheless, the allegations forming the basis of the impugned FIR, as placed before this Court, do not identify any specific words, expressions or material in the applicant’s report that promoted or attempted to promote enmity between two communities on any of the grounds contemplated under Section 196(1) of the BNS. The assertions that the report created fear and confusion among members of a particular community and had the potential to provoke discord are general in nature.”</i></p><p>It was further observed that<i>&nbsp;in&nbsp;</i>the absence of specific allegations disclosing the essential ingredients of the offence, the mere possibility of public outrage or communal tension cannot, by itself, justify the continuation of criminal proceedings under the aforesaid provision.</p><p>On the applicant being a journalist, the Court noted, <i>“The applicant’s status as a journalist does not confer immunity from criminal prosecution where the ingredients of an offence are otherwise made out. Equally, the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution cannot be curtailed merely because a report concerns a sensitive public incident. Any restriction on such expression must be justified in law.”</i></p><p>The Court held that the material placed on record does not disclose a prima facie case under Section 196(1) of the BNS, and continuation of the proceedings on the basis of the allegations as presently framed would amount to an abuse of the process of law.</p><p>Accordingly, the Court allowed the petition and quashed the FIR and all consequential proceedings arising therefrom against the applicant.</p><p><b>Cause Title: Uvesh Khan @ Uvesh Reporter v. The State of Madhya Pradesh and Anr. [Neutral Citation: 2026:MPHC-JBP:86748]</b></p><p><b>Appearances:</b></p><p><u>Petitioner: </u>Advocate Sankalp Kochar</p><p><u>Respondents:</u> GA Pramod Pandey, Advocate Raman Choubey</p><p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/mcrc516662025finalorder28-10-2026digiwatermark-1787433.pdf">Click here to read/download the Order</a></b></p><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/mcrc516662025finalorder28-10-2026digiwatermark-1787433.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/aastha-kaushik"><![CDATA[Aastha Kaushik]]></source>
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<title><![CDATA[S. 8 Hindu Succession Act| Grandson Has No Birthright In Property Father Got On Partition Among Class I Heirs: Supreme Court]]></title>
<description><![CDATA[The Court dismissed a minor’s suit claiming half share in property allotted to his living father, holding that the property was his father’s exclusive property under Section 8 of the Hindu Succession Act.]]></description>
<tags>Justice Augustine George Masih,Justice Sunita Agarwal,Supreme Court</tags>
<link>https://www.verdictum.in/supreme-court/j-rajesh-minor-through-his-mother-and-natural-guardian-j-gomathi-v-m-kumaran-dead-through-lrs-2026-insc-1208-grandfathers-property-1625434</link>
<guid isPermaLink="true">https://www.verdictum.in/supreme-court/j-rajesh-minor-through-his-mother-and-natural-guardian-j-gomathi-v-m-kumaran-dead-through-lrs-2026-insc-1208-grandfathers-property-1625434</guid>
<category><![CDATA[Court Updates,Supreme Court]]></category>
<dc:creator><![CDATA[Agatha Shukla]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 10:10:06 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/11/09/1787421-justice-augustine-george-masih-justice-sunita-agarwal-supreme-court.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/11/09/1787421-justice-augustine-george-masih-justice-sunita-agarwal-supreme-court.webp' /><p>The Supreme Court has held that where property of a Hindu
male dying intestate devolves on his Class I heirs under Section 8 of the Hindu
Succession Act, 1956, and is partitioned among them, the share falling to a son
becomes his exclusive property in his individual capacity and cannot be treated
as coparcenary property. It held that the son’s son cannot claim any right in
such property on the premise of acquiring coparcenary rights by birth.</p><div class="pasted-from-word-wrapper">

<p>Referring to <i>C.W.T. and others v. Chander Sen and others (1986)
3 SCC 567</i>, the Court reiterated that a son’s son is not a Class I heir, and
that property devolving under Section 8 is not HUF property in the son’s hands
vis-à-vis his own son. It held that neither Section 6 of the Act nor Section
29-A inserted by the Hindu Succession (Tamil Nadu Amendment) Act, 1989 applied,
since the appellant was not a surviving coparcener on his grandfather’s death.</p>

<p>A Bench of <b>Justice Augustine George Masih</b> and <b>Justice
Sunita Agarwal</b> observed, <i>“…With the partition decree, the property of N.
Ramachandran falling in the share of the father of the appellant became his
exclusive property in his individual capacity and cannot be said to be
coparcenary. There is no question of devolution of the property once
partitioned and became exclusive individual property of the first respondent
upon the appellant herein so as to recognise his right on the premise of
attaining coparcenary rights with his birth…”.</i></p>

<p><i>“…In the codified Hindu Law of the Hindu Succession Act,
1956, the right of a son’s son in his grandfather’s property during the
lifetime of his father which existed under the personal Hindu Law as enforced
before the Act 1956, was not saved expressly by the legislature while enacting
the Hindu Succession Act, 1956. Section 8 of the Hindu Succession Act, 1956 is
to be read as a self-contained provision laying down the scheme of devolution
of the property of the Hindu male dying intestate”,</i> the Bench noted.</p>

<p><b>Advocate K. Paari Vendhan</b> appeared for the appellant
and <b>Advocate K.K. Mani</b> appeared for the respondent.</p>

<p>The suit property originally belonged to the appellant’s
grandfather, N. Ramakrishnan. In 1993, his daughter filed a suit for partition,
which was decreed on a compromise dated February 3, 1994, allotting 1,811 sq.
ft. to the appellant’s father. The appellant was born on January 6, 1994. In
April 1997, his father sold the property to the original defendant nos. 2 and
3. A suit was then filed on the minor’s behalf through his mother, seeking
partition and possession of half share, without challenging the compromise
decree or the sale deeds.</p>

<p>The City Civil Court, Chennai passed a preliminary decree,
which the Madras High Court set aside in first appeal on August 11, 2010. The
appellant contended that he became a coparcener by birth before the compromise
decree, that Section 29-A preserved the coparcenary character of the property,
and that his father could not alienate it without legal necessity. The
purchasers contended that the grandson was excluded under Section 8 and the
suit was collusive, the father having remained ex parte throughout.</p>

<p>The Bench observed that the right of a son’s son in his
grandfather’s property during his father’s lifetime, which existed under
pre-codified Hindu law, was not expressly saved by the Legislature, and that
Section 8 is a self-contained provision. It held that on N. Ramakrishnan’s
death, the property devolved on his Class I heirs as tenants in common, and
with the partition, it ceased to be joint family property. Since succession
opened before the appellant was born, there was no question of any interest devolving
on him. </p>

<p><b>Cause Title:</b> <b>J. Rajesh (Minor) Through His Mother
And Natural Guardian J. Gomathi v. M. Kumaran (Dead) Through LRs &amp; Ors.
(Neutral Citation: 2026 INSC 1208)</b></p>

<p><b><u>Appearances:</u></b><u></u></p>

<p><u>Appellant</u>: Advocate K. Paari Vendhan</p>

<p><u>Respondents</u>: Advocate K.K. Mani </p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/440320112026-11-06watermark-1787418.pdf">Click here to read/download the Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/440320112026-11-06watermark-1787418.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/agatha"><![CDATA[Agatha Shukla]]></source>
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<title><![CDATA[Selling Counterfeit Goods Bearing Company’s Name Is Not Copyright Infringement: Bombay High Court]]></title>
<description><![CDATA[The Court quashed an FIR under the Copyright Act against a trader found with counterfeit tin sheets bearing ‘JSW Steel Ltd.’, holding the case at most falls under Section 104 of the Trade Marks Act.]]></description>
<tags>Justice M.W. Chandwani,Bombay High Court</tags>
<link>https://www.verdictum.in/bombay-high-court/shadab-sheikh-qayyum-sheikh-v-state-of-maharashtra-2026bhc-nag15223-jsw-steel-ltd-trade-marks-act-1625431</link>
<guid isPermaLink="true">https://www.verdictum.in/bombay-high-court/shadab-sheikh-qayyum-sheikh-v-state-of-maharashtra-2026bhc-nag15223-jsw-steel-ltd-trade-marks-act-1625431</guid>
<category><![CDATA[Court Updates,High Courts,Bombay High Court]]></category>
<dc:creator><![CDATA[Agatha Shukla]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 09:30:06 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2024/02/03/1585156-justice-mw-chandwani-nagpur-bench.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2024/02/03/1585156-justice-mw-chandwani-nagpur-bench.webp' /><p>The Bombay High Court, Nagpur Bench has held that storing or
selling counterfeit products bearing the name of a company does not amount to
infringement of copyright under the Copyright Act, 1957. It held that there is
a difference between using a company’s logo and using its name, and that in the
absence of any allegation that the name or logo is an artistic work in which
copyright subsists, no offence under Sections 51 and 63 of the Act is made out.</p><div class="pasted-from-word-wrapper">

<p>The Court held that such a case is, at most, one of selling
counterfeit goods covered by Section 104 of the Trade Marks Act, 1999. Since
Section 115(4) of that Act permits search and seizure only by a police officer
not below the rank of Deputy Superintendent of Police, it found that the raid
conducted by a Police Sub-Inspector was illegal and the FIR vitiated.</p>

<p>A Single Bench of <b>Justice M.W. Chandwani</b> observed, <i>“It
is the specific case of the complainant that the applicant was found storing
counterfeit Tin sheets having the name of the Company printed on it. This act
does not amount to infringement of copyright within the meaning of the Act of
1957…”.</i></p>

<p><i>“…Needless to mention that there is difference between
using a Logo of a Company and name of a Company. That apart, it is not alleged
in the FIR that either the Logo or the name of the Company is an Artistic work,
which is a condition for existence of Copyright. There is no whisper in the
entire FIR that the name ‘JSW Steel Ltd.’ is an Artistic work either created by
the Company or by an artist and the right is assigned to the said company.
Thus, there is no allegation in the FIR that the Company was having any
copyright in the name of the Company nor infringement of the said copyright has
been alleged”,</i> the Bench had also noted.</p>

<p><b>Advocate Shoeb Asgar Khan</b> appeared for the applicant
and <b>Abhijeet G. Mate</b>, <b>APP </b>appeared for the respondent.</p>

<p>The complainant, an investigating officer with EIPR (India)
Pvt. Ltd., was authorised by JSW Steel Ltd. to act against counterfeiters. On
January 28, 2026, after obtaining oral permission from the Deputy
Superintendent of Police, he raided the applicant’s shop at Saoner along with a
police party, and found 137 tin sheets bearing the name ‘JSW Steel Ltd 0.50
mm’, valued at Rs. 1,57,550. An FIR was registered the same day under Sections
51 and 63 of the Copyright Act.</p>

<p>The applicant sought quashing under Section 528 of the BNSS,
contending that the FIR alleged only counterfeiting and not copyright
infringement, and that the investigation was not carried out by an officer of
the requisite rank. The complainant contended that the company’s logo is an
artistic work, that registration is not necessary to claim copyright, and that
an FIR is not an encyclopaedia.</p>

<p>The Court noted that under Section 13 of the Copyright Act,
copyright subsists in classes of works including original artistic works, and
that even a logo can attract copyright if it qualifies as an artistic work.
However, the FIR alleged only the use of the company’s name, not its logo, and
contained no averment that the name was an artistic work or that the company
held any copyright in it. </p>

<p>Distinguishing <i>Neeharika Infrastructure Private Limited v.
State of Maharashtra and others (2021)</i> and <i>State of Madhya Pradesh v.
Ramjan Khan and others (2024),</i> it observed that while an FIR need not be an
encyclopaedia, it must disclose a cognizable offence, relying on <i>Somjeet
Mallick v. State of Jharkhand and Others (2024)</i>. It found that the case
fell within the first category in State of Haryana v. Bhajan Lal, and that the
FIR was an abuse of the process of the Court.</p>

<p><b>Cause Title: Shadab Sheikh Qayyum Sheikh v. State of
Maharashtra &amp; Anr. (Neutral Citation: 2026:BHC-NAG:15223)</b></p>

<p><b><u>Appearances:</u></b></p>

<p><u>Applicant</u>: Advocates Shoeb Asgar Khan and Syed Salman
Ali</p>

<p><u>Respondent</u>: APP Abhijeet G. Mate, Advocates Kartik N.
Shukul and Gaurav Khatwani</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/q-4watermark-1787423.pdf">Click here to read/download the Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/q-4watermark-1787423.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div><div class="pasted-from-word-wrapper"><p><b>  </b></p></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/agatha"><![CDATA[Agatha Shukla]]></source>
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<title><![CDATA[Sexual Harassment Charge U/S 75 BNS Sustainable Where Victim Is Transgender Person Identifying As Woman: Bombay High Court]]></title>
<description><![CDATA[The Court upheld the refusal to discharge an Agniveer, holding that the absence of a transgender identity certificate at the time of the alleged offence does not bar prosecution under the Transgender Persons Act.]]></description>
<tags>Justice Mehroz K. Pathan,Bombay High Court</tags>
<link>https://www.verdictum.in/bombay-high-court/vishal-sunil-ingle-v-state-of-maharashtra-2026bhc-nag15063-transgender-person-identifying-as-woman-1625425</link>
<guid isPermaLink="true">https://www.verdictum.in/bombay-high-court/vishal-sunil-ingle-v-state-of-maharashtra-2026bhc-nag15063-transgender-person-identifying-as-woman-1625425</guid>
<category><![CDATA[Court Updates,High Courts,Bombay High Court]]></category>
<dc:creator><![CDATA[Agatha Shukla]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 08:40:25 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/09/26/1785110-bombay-hc-nagpur-bench-justice-mehroz-k-pathan.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/09/26/1785110-bombay-hc-nagpur-bench-justice-mehroz-k-pathan.webp' /><p>The Bombay High Court, Nagpur Bench has held that
allegations of assault and outraging the modesty of a woman can be sustained
even where the victim is a transgender person who identifies herself as a
woman. Rejecting the contention that Section 75 of the Bharatiya Nyaya Sanhita,
2023 applies only to a “woman” as defined in Section 2(35), it held that the
complainant’s self-determination of gender cannot be questioned at the stage of
discharge.</p><div class="pasted-from-word-wrapper">

<p>The Court held that merely because the complainant did not
possess a certificate of identity under the Transgender Persons (Protection of
Rights) Act, 2019 on the date of the alleged incidents, invocation of the Act’s
penal provisions is not precluded. It noted that Section 4(2) of the Act,
recognising the right to self-perceived gender identity, was in force at the
relevant time, though since omitted by the 2026 Amendment Act.</p>

<p>A Single Judge Bench of <b>Justice Mehroz K. Pathan </b>observed,
<i>“In my considered opinion, therefore, the allegations of assault and
outraging the modesty of a woman can be sustained even where the victim is a
transgender person who identi2es herself as a woman…”.</i></p>

<p><i>“…merely because the Complainant did not possess a
certi2cate of identity under Section 6 of the Act of 2019 at the time of the
alleged commission of the offence by the Applicant would not, by itself,
preclude the invocation of the penal provisions of the Transgender Act of 2019.
A perusal of the FIR would show that Section 18(D) of the Transgender Act of
2019 have been rightly invoked, and the allegations therein prima facie attract
the provisions invoked against the Applicant”,</i> it noted further.</p>

<p><b>Advocate Anil Thakkar</b> appeared for the applicant and <b>Swati
V. Kolhe</b>, <b>APP </b>appeared for the respondent.</p>

<p>The complainant, a transgender person who had undergone
hormonal treatment since 2015 and dressed as a woman from 2021, alleged that
the applicant, an Agniveer in the Indian Army, befriended her and proposed
marriage. </p>

<p>She alleged that he committed forcible sexual intercourse
with her on October 28, 2025, and again on October 30, 2025 at a flat, while
abusing her in filthy language. An FIR was registered on November 1, 2025 under
Sections 75, 296 and 351(2) of the BNS read with Section 18(d) of the 2019 Act.</p>

<p>The Additional Sessions Judge, rejected the applicant’s
discharge application under Section 250 of the BNSS on July 6, 2026. The
applicant contended that the complainant was not a woman, that the identity
certificate was issued only on February 12, 2026, and that the relationship was
consensual and on a promise of marriage. The State contended that Section 75(1)
does not expressly stipulate that the victim must be a woman and that
transgender persons are entitled to self-identify.</p>

<p>The Court noted that Section 2(k) of the 2019 Act defines a
transgender person to include transgender women irrespective of any therapy
undergone, and that a person may so identify even without a certificate,
Section 5 being only an enabling mechanism. </p>

<p>The Bench referring to <i>National Legal Services Authority
v. Union of India (2014)</i>, held that self-determination of gender cannot be
questioned by others. It found that the acts constituted an offence under the
law as it stood when committed, and that the FIR contained direct allegations
of outraging the modesty of the complainant, prima facie attracting Section 75
of the BNS and Section 18(d) of the 2019 Act.</p>

<p>Holding that the plea of consent is a matter for trial and
that the charge-sheet disclosed sufficient material, the Court dismissed the
revision application.</p>

<p><b>Cause Title:</b> <b>Vishal Sunil Ingle v. State of
Maharashtra (Neutral Citation: 2026:BHC-NAG:15063)</b></p>

<p><b><u>Appearances:</u></b></p>

<p><u>Applicant</u>: Advocate Anil Thakkar</p>

<p><u>Respondent</u>: APP Swati V. Kolhe </p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/q-3redactedwatermark-1787406.pdf">Click here to read/download the Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/q-3redactedwatermark-1787406.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/agatha"><![CDATA[Agatha Shukla]]></source>
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<title><![CDATA[Executive Act Cannot Contravene Judicial Order: Jharkhand High Court Quashes JSSC-CGL Recruitment Cancellation, Restores Appointments]]></title>
<description><![CDATA[The Court found no concluded inquiry establishing systemic fraud. The appointments remain subject to the criminal prosecutions, while the investigation must continue fairly.]]></description>
<tags>Jharkhand High Court,Justice Deepak Roshan</tags>
<link>https://www.verdictum.in/jharkhand-high-court/ramesh-oraon-and-others-v-state-of-jharkhand-and-others-2026jhhc32695-1625423</link>
<guid isPermaLink="true">https://www.verdictum.in/jharkhand-high-court/ramesh-oraon-and-others-v-state-of-jharkhand-and-others-2026jhhc32695-1625423</guid>
<category><![CDATA[Court Updates,High Courts,Jharkhand High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 07:50:03 GMT</pubDate>
<imagecaption><![CDATA[&nbsp;Justice Deepak Roshan, Jharkhand High Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2025/11/12/1754387-jharkhand-hc-justice-deepak-roshan.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2025/11/12/1754387-jharkhand-hc-justice-deepak-roshan.webp' /><p>The Jharkhand High Court, while stating that actions of the executive cannot contravene or overreach a binding judicial order, quashed the
State’s decision cancelling the Jharkhand Staff Selection Commission’s General
Graduate Level Combined Competitive Examination recruitment and directed that
the petitioners be treated as continuously in service with all monetary and
other benefits.</p><div class="pasted-from-word-wrapper">

<p>The Court was hearing service writ petitions filed by
appointees challenging the State’s cancellation of a recruitment that an
earlier Division Bench had directed to be completed.</p>

<p>A Bench of <b>Justice</b> <b>Deepak Roshan</b> observed: <i>“In
view of the above, there can be no hesitation to hold that State of Jharkhand
has breached the orders passed by the Hon’ble Division Bench and the Hon’ble
Supreme Court of India and the impugned decision as contained in Notification
dated 18.08.2026, bearing No. 06/LO.S.A.-01-07/5408 of 2026 runs completely
contrary to the said judgment and order and seeks to overreach the same.”</i></p>

<p>The Court further observed: <i>“An act of the executive
cannot be contrary to a judicial order. Likewise, judicial decisions, inter
alia, are aimed to give quietus to a dispute and bring about certainty. Legal
certainty is a Rule of Law. Post final determination of the issues by the Division
Bench and the Supreme Court, it is not permissible for the State Government to
reopen the same issue that too in a manner in which it has been done by the
impugned notification.”</i></p>

<p><b>Senior Advocates P.S. Patwalia, Gopal Sankarnarayan and
Rajiv Ranjan</b> appeared for the petitioners. <b>Senior Advocate Meenakshi
Arora</b>, <b>Advocate General Rohitashya Roy</b> and <b>Senior Additional
Advocate General Achyut Keshav</b> appeared for the State.</p>

<h3>Background</h3>

<p>The JSSC conducted the Jharkhand General Graduate Level
Combined Competitive Examination for recruitment to State posts. Two earlier
petitions challenged the examination over alleged paper leakage and other
malpractices. One sought an independent investigation and restraint on
publication of the result pending inquiry, while the other sought cancellation
of the recruitment process. The Division Bench declined to cancel the
examination, directed publication of the result and appointments, directed the
Special Investigation Team to complete the investigation within six months and
permitted action against successful candidates found involved in malpractice.</p>

<p>The Supreme Court declined to interfere and made the
appointments subject to the final outcome of all criminal prosecutions. The
petitioners were subsequently appointed and entered service.</p>

<p>While the investigation remained incomplete, the State
Cabinet cancelled 22 examinations, including this recruitment. The petitioners
alleged that the State had reopened a concluded issue without proving systemic
compromise. The State maintained that later material disclosed institutional
fraud and made segregation unreliable.</p>

<h3>Court’s Observations</h3>

<p><b>State Could Not Reopen The Settled Issue</b></p>

<p>The earlier judicial orders contemplated further
investigation and additional candidates being implicated, but did not permit
cancellation of the concluded recruitment before completion of the prosecution.</p>

<p>It observed: <i>“Once the High Court and the Supreme Court
had the occasion to deal with the issue, which is directly and substantially
the same as the present one, the respondents only by claiming that some further
material has been collected and further arrests had been made cannot undo the
judgment and order of Constitutional Courts.”</i></p>

<p>The State remained bound by the framework of investigation,
candidate-specific action and appointments subject to the prosecutions.</p>

<p><b>Cabinet Note Did Not Disclose A Reasonable Foundation</b></p>

<p>The Court noted that the Cabinet acted partly because of
protests and also referred to the investigation. However, the Cabinet note did
not disclose the precise material considered before cancelling the recruitment
along with 21 other examinations.</p>

<p>The Court observed: <i>“However, the cabinet note does not
disclose what were the exact materials placed before it to arrive at the
decision to cancel not only the present examination but 21 other examinations.
It is true that a writ court is not supposed to look into the sufficiency of
the materials, but it is equally true that reasonable materials must exist,
which must be considered to arrive at a conclusion and in absence thereof the
decision is liable to be struck down as perverse.”</i></p>

<p>The Court distinguished decisions involving completed
inquiries or concrete evidence of systemic compromise. Here, the investigation
was incomplete, the facts remained “hazy and sketchy,” and the State disclosed
no cogent basis for claiming segregation was impossible.</p>

<p><b>Incomplete Investigation Could Not Displace Natural
Justice</b></p>

<p>Unlike candidates merely included in a merit list, the
petitioners had already been appointed and were removed from service by the
cancellation.</p>

<p>It held: <i>“However, in the present case the petitioners
have already been appointed and therefore a right has been created and the same
cannot be taken away without following the due process. It may, in a given
case, be possible that prior notice or hearing be done away with, but such an
exception can only be made when facts supporting such exercise are available on
record. In the present case as noted, the materials collected in an incomplete
investigation cannot be pressed into service to do away with the principles of
natural justice.”</i></p>

<p>Whether tainted candidates could be identified and
segregated could be determined only after the investigation. Until then,
continuance depended on the prosecutions’ final outcome.</p>

<p><b>Continuity Restored, Investigation Preserved</b></p>

<p>The Court quashed the notification insofar as it cancelled
the recruitment and restored the petitioners’ service continuity and benefits.</p>

<p>It ordered: <i>“Accordingly, it is ordered that the
Notification dated 18.08.2026, bearing No. 06/LO.S.A.-01-07/5408 of 2026,
cancelling the recruitment pursuant to Advertisement No. 10 of 2023 is quashed
and set aside and the petitioners would be deemed to be in service with
continuity in service without any break and they should not be denied of any
service benefits, be it monetary or otherwise, on account of the impugned
order.”</i></p>

<p>The earlier judicial orders remained binding. The
appointments continued to be subject to the prosecutions, while the
investigation had to proceed fairly and the petitioners had to cooperate.</p>

<h3>Conclusion</h3>

<p>The Jharkhand High Court allowed the writ petitions, quashed
the State notification cancelling the JSSC-CGL recruitment and deemed the
petitioners continuously in service without any break, with all monetary and
other service benefits.</p>

<p>The appointments remain subject to the criminal
prosecutions. The investigation must continue fairly, the petitioners must
cooperate and the Court’s observations cannot prejudice it. There was no order
as to costs, and all pending applications were disposed of.</p>

<p><b>Cause Title: Ramesh Oraon and Others v. State of
Jharkhand and Others (Neutral Citation: 2026:JHHC:32695)</b></p>

<p><b>Appearances</b></p>

<p><u>Petitioners:</u> P.S. Patwalia, Gopal Sankarnarayan and
Rajiv Ranjan, Senior Advocates; Indrajit Sinha, Amritansh Vats, Saurav Shekhar,
Arpan Mishra, Kumar Abhishek, Arpan M. Ekka, Ashish Choudhary, Rahul Ranjan,
Shray Mishra, Deepankar, Sonal Tiwary, Ritesh Ranjan, Kumar Chayan and Nikhil
Anand, Advocates</p>

<p><u>Respondents:</u> Meenakshi Arora, Senior Advocate;
Rohitashya Roy, Advocate General; Achyut Keshav, Senior Additional Advocate
General; Tejo Mistri, Advocate; Vibhour Mayank, Assistant Counsel to the
Advocate General; Ruchi Mukti, Assistant Counsel to the Additional Advocate
General-I-A; Ritu Kumar, Samvesh Bhanj Deo and Kumar Harsh, Advocates</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/ramesh-oraon-v-state-of-jharkhand-1787409.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/ramesh-oraon-v-state-of-jharkhand-1787409.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
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<title><![CDATA[Supreme Court Upholds High Court’s Order Permitting CBI Preliminary Enquiry Against Pastor Ankur Narula In PIL About Religious Conversion]]></title>
<description><![CDATA[The Court requested the High Court to decide the objection regarding the locus of the PIL petitioner before examining the merits of the matter.]]></description>
<tags>Justice Pamidighantam Sri Narasimha,Justice Alok Aradhe,Supreme Court</tags>
<link>https://www.verdictum.in/supreme-court/declines-interfere-cbi-preliminary-enquiry-against-pastor-ankur-narula-religious-conversion-1625421</link>
<guid isPermaLink="true">https://www.verdictum.in/supreme-court/declines-interfere-cbi-preliminary-enquiry-against-pastor-ankur-narula-religious-conversion-1625421</guid>
<category><![CDATA[Court Updates,Supreme Court]]></category>
<dc:creator><![CDATA[Aastha Kaushik]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 07:00:23 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/11/09/1787404-ankur-yoseph-narula-sc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/11/09/1787404-ankur-yoseph-narula-sc.webp' /><p>The Supreme Court disposed of a petition filed by against Ankur Yoseph Narula who had challenged an interim order passed by the Punjab and Haryana High Court in a public interest litigation over alleged religious conversions and other activities.</p><div class="pasted-from-word-wrapper"><p>The Court declined to interfere with an interim order of the High Court which had permitted the Enforcement Directorate to share two sealed-cover reports with the Central Bureau of Investigation (CBI) and had granted liberty to the CBI to conduct a preliminary enquiry in a PIL against Pastor Ankur Yoseph Narula and his wife, Sonia Narula.</p><p>The Court, however, requested the High Court to hear the parties and decide the objection regarding the locus of the PIL petitioner before examining the merits of the matter.</p><p>The Bench, comprising <b>Justice Pamidighantam Sri Narasimha </b>and<b> Justice Alok Aradhe</b> ordered, <i>“We are not inclined to interfere with the interim order passed by the High Court. However, we request the High Court to hear the parties and to decide the objection with regard to the locus of respondent no. 1 to file a Public Interest Litigation and thereafter to examine the merits of the matter.  5. It is clarified that we have not expressed any opinion on the merits of the matter.”</i></p><section contenteditable="false" data-width="100%" style="width:100%" class="image-and-caption-wrapper clearfix hocalwire-draggable cmp-img float-none"><img src="https://www.verdictum.in/h-upload/2026/01/19/1765760-sc-justice-pamidighantam-sri-narasimha-and-justice-alok-aradhe.webp" style="width: 100%;" draggable="true" class="hocalwire-draggable cmp-img float-none" data-uid="58139PRO6y1FeDJwT3kAlO22u5cwNwPcgpy5x1954600" data-float-none="true" data-watermark="false" info-selector="#info_item_1794205050292"><div class="inside_editor_caption image_caption hocalwire-draggable cmp-img float-none" id="info_item_1794205050292"><br></div></section><p><b>Senior Advocates Mukul Rohatgi </b>and<b> Abhishek Manu Singhvi</b> appeared for the Petitioners, while <b>Solicitor General Tushar Mehta</b> and <b>Senior Advocate Mohan Rao</b> appeared for the Respondents</p></div><p><span style="color: inherit; font-family: inherit;">A PIL was insituted by Respondent No. 1, Tejasvi Minhas, President of Punjab Bachao Morcha, against 31 respondents before the High Court, including the petitioners before the Supreme Court i.e. Ankur Yoseph Narula, founder and Senior Pastor of “The Church of Signs and Wonders”, Jalandhar, and Sonia Narula.</span></p><div class="pasted-from-word-wrapper"><p>The PIL raised allegations concerning religious conversions, healing advertisements, foreign missionaries, FCRA, money laundering, construction, GST, social-media activity and political influence. It sought investigations by the Enforcement Directorate and the CBI, freezing of bank accounts, attachment of properties, restraint upon construction and deactivation of social-media accounts.</p><p>An FIR was also registered against Respondent No. 1 under Sections 285, 223 and 196(1) of the Bharatiya Nyaya Sanhita, 2023. The FIR is relied upon only as part of the pre-existing adversarial background and the chronology bearing upon motive, candour and bona fides; it is not pleaded as an automatic disqualification from maintaining a PIL. Subsequently, he addressed a representation to the Enforcement Directorate alleging foreign funding and money-laundering activities against the petitioners.</p><p>Respondent No. 1 was arrested and released on bail by the Judicial Magistrate First Class, Jalandhar. Thereafter, instituted the PIL within thirteen days thereof.</p><p><span style="color: inherit; font-family: inherit;">The Enforcement Directorate filed a status report in sealed cover, and the High Court observed that it would be open for the investigating agencies to examine the issues raised.</span></p><p>The Division Bench of the High Court had perused a further sealed-cover report in Chambers. Without commenting upon the merits, the High Court permitted the Enforcement Directorate to share both reports with the CBI in a sealed envelope. It granted liberty to the CBI to conduct a preliminary enquiry and submit its report in sealed cover. The High Court also restrained the parties from sharing the proceedings with the media and listed the matter for a further date.</p><p>Challenging the said order, the Petitioners filed the present SLP. They also contended that the impugned order identified no cognizable offence, suspected transaction, role attributable to them or scope of enquiry, and recorded neither any failure of the existing agencies nor any prima facie case warranting recourse to the CBI.</p><p>It averred, <i>“The disclosed official record does not support a CBI process. Respondent Nos. 3 to 7 placed on record the police enquiry, which found no cogent evidence, particulars of any alleged victim or witness, or material disclosing any cognizable offence. No alleged victim came forward, and the complaint was consigned to the record on 16.04.2026. More significantly, Respondent No. 9-CBI stated on affidavit that no exceptional circumstance requiring its intervention, failure or bias of the State machinery, national or inter-State ramifications, or involvement of Central Government officials had been shown. The CBI accordingly opposed the relief seeking investigation by it. The remaining departmental replies likewise record no concluded violation against the Petitioners.”</i></p><p>On maintainability, the petitioners contended that the threshold scrutiny of the PIL petitioner’s credentials and bona fides remained unperformed.</p><p>The Plea, filed by <b>AOR Siddharth Batra</b>  also argued, <i>“The Petitioners are also challenging the operative use of sealed cover material. They have received neither report, a redacted copy, nor a meaningful gist identifying the offence, transaction, statutory provision or conduct under scrutiny. They can answer the PIL, but not the undisclosed material that produced the impugned consequence. No claim of privilege or public-interest immunity has been adjudicated, reason for complete nondisclosure recorded, or less restrictive alternative considered.”</i></p><p>It was also argued that the High Court had overridden the independent discretion of the investigating authorities. By way of interim relief, the petitioners sought a stay of all further proceedings in the PIL qua them, while clarifying that they did not seek immunity from any investigation lawfully commenced by a competent authority.</p><p>The Plea submitted, <i>“Despite this record, on 05.08.2026 the Hon’ble High Court perused an Enforcement Directorate report in sealed cover and permitted the investigating agencies to examine the issues raised therein. On 27.08.2026, after perusing a further sealed-cover report, the Hon’ble High Court directed both reports to be transmitted to the CBI, granted liberty to conduct a preliminary enquiry and required the CBI to submit its report in sealed cover. The order neither rejects the police enquiry nor records any reason for departing from the CBI’s own stand. A central agency which E opposed its involvement has thus been drawn into a continuing courtmonitored process on the basis of material withheld from the persons directly affected.”</i></p><p>The Supreme Court stated that it was not inclined to interfere with the interim order passed by the High Court. It, however, requested the High Court to hear the parties and decide the objection with regard to the locus of Respondent No. 1 to file a PIL, and thereafter to examine the merits of the matter.</p><p>The Court clarified that it had not expressed any opinion on the merits. With these observations, the Special Leave Petition was disposed of.</p><p><b>Cause Title: Ankur Yoseph Narula &amp; Anr. v. Tejasvi Minhas &amp; Ors. [SLP (C) No. 31685 of 2026]</b></p><p><b>Appearances:</b></p><p><u>Petitioners: </u>Sr. Adv. Mukul Rohatgi, Sr. Adv. Dr. Abhishek Manu Singhvi, AOR Siddharth Batra, Adv. Ranjeeta Rohtagi, Adv. Edward Augustine George, Adv. Stephan Masih, Adv. Gunjeet Singh Syal, Adv. Chinmay Dubey, Adv. Shivani Chawla, Adv. Akshit Lunial, Adv. Mehul Gulati, Adv. Jyoti Aggarwal, Adv. Pradeep Shekhawat, Adv. Sanjivani Aggarwal, Adv. Swaraj Swarup Aggarwal</p><p><u>Respondents:</u> Solicitor General Tushar Mehta, A.S.G. Suryaprakash V. Raju, Advocate General Maninderjit Singh Bedi, A.A.G. Rajat Bhardwaj, Sr. Adv. Mohan Rao, Sr. Adv. Zoheb Hossain, Sr. Adv. Nachiketa Joshi, Sr. Adv. Guru Krishna Kumar, AOR Pushkar Sharma, AOR Karan Sharma, AOR Amrish Kumar, AOR Arvind Kumar Sharma, AOR Shreekant Neelappa Terdal, AOR Apoorva Singhal, AOR Abiha Zaidi, AOR Yashraj Singh Bundela, Adv. Akshit Chauhan, Adv. Nikita Verma, Adv. Vinod Kumar, Adv. Sahil Malik, Adv. Vikrant Bhardwaj, Adv. Annam Venkatesh, Adv. Hitarth Raja, Adv. Vivek Gurnani, Adv. Bhuvan Kapoor, Adv. Anmol Chandan, Adv. Suryodaya Prakash Tiwari, Adv. Dr. Arun Kumar Yadav, Adv. B.L.N. Sanjit, Adv. Prerna Dhall, Adv. Eklabhya Dwivedi, Adv. Aman Mehta, Adv. Sanchar Anand, Adv. Dr. Ravinder Kumar Anand, Adv. Rajat Rathee, Adv. Aman Kumar Thakur, Adv. Aditya Kumar, Adv. Apar Gupta, Adv. Pragya Jain, Adv. Yashpriya Sahran, Adv. Sahil Mander, Adv. Pritam Raman Giriya, Adv. Divyangi Gupta, Adv. Aryan Sarawgi, Adv. Ronit Rampuriya, Adv. Arpit Garg</p><p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/order-535832026-06-11-2026watermark-1787403.pdf">Click here to read/download the Order</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/order-535832026-06-11-2026watermark-1787403.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/aastha-kaushik"><![CDATA[Aastha Kaushik]]></source>
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<title><![CDATA[Non-Existent AI-Generated Judgments: Bombay High Court Quashes Customs Commissioner’s Order]]></title>
<description><![CDATA[The Bombay High Court was considering a Petition challenging an Order-in-Original passed by the Commissioner of Customs (Import-I).]]></description>
<tags>Justice MS Karnik,Justice Sandesh D Patil</tags>
<link>https://www.verdictum.in/bombay-high-court/quanta-logistics-pvt-ltd-v-commissioner-of-customs-import-i-2026bhc-os24069-db-ai-generated-judgments-1625415</link>
<guid isPermaLink="true">https://www.verdictum.in/bombay-high-court/quanta-logistics-pvt-ltd-v-commissioner-of-customs-import-i-2026bhc-os24069-db-ai-generated-judgments-1625415</guid>
<category><![CDATA[Court Updates,High Courts,Bombay High Court]]></category>
<dc:creator><![CDATA[Tulip Kanth]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 06:10:10 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/09/12/1784260-bombay-hc-justice-ms-karnik-justice-sandesh-d-patil.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/09/12/1784260-bombay-hc-justice-ms-karnik-justice-sandesh-d-patil.webp' /><p>The Bombay High Court has quashed an order passed by
the Commissioner of Customs (Import-I) over allegations of the same being
passed by relying on non-existent judgments of the Supreme Court taking
recourse to Artificial Intelligence (AI).</p><div class="pasted-from-word-wrapper">

<p>The High Court was considering a Petition
challenging an Order-in-Original  passed by the Commissioner of Customs
(Import-I).</p>

<p>The Bench comprising<b> Justice M. S. Karnik</b>
&amp; <b>Justice Sandesh D. Patil</b> ordered, <i>“By consent of both the
parties, the Order dated 11th August, 2026 is quashed and set aside.”</i></p>

<p><b>Senior Advocate Venkatesh Dhond</b> represented the Petitioner while <b>Advocate
Jitendra B. Mishra</b> represented the Respondent.</p>

<h3>Factual Background</h3>

<p>The petitioner claimed that the order in question
was passed by taking recourse to Artificial Intelligence (AI) without
independent application of mind. The Petitioner had as an example cited two
non-existent judgments of the Supreme Court which were relied by the
Commissioner while passing the said Order.</p>

<h3>Reasoning</h3>

<p>The Bench took note of the respondent’s contention
that the impugned Order could be quashed and the matter could be remanded back
to the Commissioner.</p>

<p>The Bench further ordered, <i>“The Petitioner is
directed to appear before the Respondent No.1 on 5th November, 2026 at 11:00
a.m. after which the Respondent No.1 shall fix the next date of hearing.”</i></p>

<p><b>Cause Title: Quanta Logistics Pvt. Ltd. v.
Commissioner of Customs (Import-I) (Neutral Citation: 2026:BHC-OS:24069-DB)</b></p>

<p><b>Appearance</b></p>

<p><u>Petitioner:</u>
Senior Advocate Venkatesh Dhond, Advocates Bimal Rajasekhar, Sunand
Subramaniam</p>

<p><u>Respondent: </u>Advocates
Jitendra B. Mishra, Sangeeta Yadav</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/file20261109112801watermark-1787400.pdf">Click here to read/download Order</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/file20261109112801watermark-1787400.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div>]]></content:encoded>
<source url="https://www.verdictum.in/tulip-kanth"><![CDATA[Tulip Kanth]]></source>
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<title><![CDATA[Authorities Can Prevent Registered Child Sex Offender In US From Entering India: Delhi High Court Dismisses OCI Card Holder’s Petition]]></title>
<description><![CDATA[The petition before the Delhi High Court was filed by a person person of Indian origin holding a foreign passport and holding an Overseas Citizen of India (OCI) Card.]]></description>
<tags>Delhi  High Court,Justice Amit Mahajan</tags>
<link>https://www.verdictum.in/delhi-high-court/charnjit-singh-bains-v-union-of-india-2026dhc9891-authorities-child-sex-offender-us-india-1625409</link>
<guid isPermaLink="true">https://www.verdictum.in/delhi-high-court/charnjit-singh-bains-v-union-of-india-2026dhc9891-authorities-child-sex-offender-us-india-1625409</guid>
<category><![CDATA[Court Updates,High Courts,Delhi High Court]]></category>
<dc:creator><![CDATA[Tulip Kanth]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 05:20:40 GMT</pubDate>
<imagecaption><![CDATA[Justice Amit Mahajan, Delhi High Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2025/07/08/1727004-justice-amit-mahajan-delhi-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2025/07/08/1727004-justice-amit-mahajan-delhi-hc.webp' /><p><span style="background-color: white;">While observing that the authorities are well within their rights to prevent an  individual involved in a crime of child sex offence in a foreign country from setting foot on Indian soil, the Delhi High Court has dismissed a petition filed by an Overseas Citizen of India (OCI) Card holder.</span></p><div class="pasted-from-word-wrapper"><div>The petition was filed by a person of Indian origin holding a foreign passport and holding an Overseas Citizen of India (OCI) Card.</div><div>The Single Bench of<b> Justice Amit Mahajan </b>held, <i>“In the opinion of this Court, once the respondents have received information that an individual has been involved in a crime of such nature in a foreign country, they are well within their rights to prevent such a person from setting foot on Indian soil.”</i></div><div><b>Advocate Anand Duggal </b>represented the Petitioner while <b>Central Government Standing Counsel Amit Tiwari </b>represented the Respondent.</div><h3>Factual Background</h3><div>The petitioner was served with an order dated January 7, 2026 issued under Paragraph 6 of the Foreigners Order, 1948 upon arriving at Indira Gandhi International Airport, New Delhi. The petitioner was not permitted to land in India and he was further directed to leave by the first available flight. The petitioner claimed that the impugned order did not disclose reasons or grounds for refusal of entry.</div><h3>Reasoning</h3><div>The Bench stated, <i>“At the outset it is pertinent to note that the refusal of entry into the country is a sovereign function of the State that is embedded in considerations of national security, foreign policy and administrative discretion. Section 3 of the Foreigners Act, 1946 [now repealed] as well as Section 7 of the Immigration and Foreigners Act, 2025 authorises the Central Government to make provisions, either generally or with respect to all foreigners, for prohibiting, regulating or restricting the entry of foreigners into India or, their departure therefrom or their presence or continued presence therein. The respondent authorities can therefore, or rather are entitled, to take into consideration all the relevant factors that may warrant scrutiny.”</i></div><div>The Bench took note of the respondent’s contention that they have been blacklisted from entering the country as he is a registered child sex offender in the United States of America. Considering that the material forming the basis of such blacklisting was confidential and classified in nature, the Bench held that the same could not be provided to the petitioner in the interest of the security and integrity of the country.</div><div>Holding that the petitioner failed to put forth any circumstance warranting exercise of jurisdiction under Article 226 of the Constitution, the Bench dismissed the Petition.</div><div><b>Cause Title: Charnjit Singh Bains v. Union of India &amp; Ors. (Neutral Citation: 2026:DHC:9891)</b></div><div><b>Appearance</b></div><div><u>Petitioner:</u> Advocate Anand Duggal</div><div><u>Respondent: </u>Central Government Standing Counsel Amit Tiwari, Advocates Ayushi Srivastava, Kushagra Malik, Arpan Narwal, Ujjwal Tyagi</div><div><b><a href="https://www.verdictum.in/pdf_upload/2026/11/09/59503112026cw26832026210251watermark-1787395.pdf">Click here to read/download Order</a></b></div></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/09/59503112026cw26832026210251watermark-1787395.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><div><br></div></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/tulip-kanth"><![CDATA[Tulip Kanth]]></source>
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<title><![CDATA[RTE Act | Sec.27 Permits Deployment Of Teachers For Election-Related BLO Duties: Allahabad High Court]]></title>
<description><![CDATA[The  Allahabad High Court was considering a writ petition seeking a direction to the respondent authorities to detach the petitioners from their duties as Booth Level Officers.]]></description>
<tags>Allahabad High Court,Justice Vinod Diwakar</tags>
<link>https://www.verdictum.in/allahabad-high-court/azra-parveen-v-state-of-up-2026ahc226999-rte-act-sec27-deployment-teachers-blo-duties-1625370</link>
<guid isPermaLink="true">https://www.verdictum.in/allahabad-high-court/azra-parveen-v-state-of-up-2026ahc226999-rte-act-sec27-deployment-teachers-blo-duties-1625370</guid>
<category><![CDATA[Court Updates,High Courts,Allahabad High Court]]></category>
<dc:creator><![CDATA[Tulip Kanth]]></dc:creator>
<pubDate>Mon, 09 Nov 2026 04:30:08 GMT</pubDate>
<imagecaption><![CDATA[Justice Vinod Diwakar, Allahabad High Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2025/08/14/1736652-justice-vinod-diwakar-allahabad-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2025/08/14/1736652-justice-vinod-diwakar-allahabad-hc.webp' /><p>The Allahabad High Court has held that Section 27
of the Right of Children to Free and Compulsory Education Act, 2009 expressly
permits the deployment of teachers for election-related duties, and Booth Level
Officer (BLO) duties fall within this exception.</p><div class="pasted-from-word-wrapper">

<p>The High Court was considering a writ petition
seeking a direction to the respondent authorities to detach the petitioners
from their duties as Booth Level Officers and not to interfere with the
petitioners in the discharge of their duties as Assistant Teachers at
Junior/Senior Basic Schools, in District Saharanpur.</p>

<p>The Single Bench of <b>Justice Vinod Diwakar </b>held,
<i>“Under Section 13CC of the 1950 Act, officers and staff of the State
Government and local authorities employed in the preparation, revision and
correction of electoral rolls are deemed to be on deputation to the Election
Commission for that period. Further, Section 27 of the Right of Children to
Free and Compulsory Education Act, 2009 expressly permits the deployment of
teachers for election-related duties, and BLO duties fall within this
exception. The submission based on Article 21-A and the RTE Rules is, therefore,
misconceived. In any event, the petitioners have not shown that their
assignment as BLOs has prejudiced their teaching duties or the education of the
children.”</i></p>

<p><b>Advocate Narendra Kumar </b>represented the Petitioner, while Chief Standing
Counsel represented the Respondent.</p>

<h3>Arguments</h3>

<p>The petitioners, working as assistant school teachers, contended that there is no provision in the terms and conditions of their
service under which they can be assigned the duties of BLOs. It was further
submitted that such assignment is contrary to Article 21-A of the Constitution
of India, read with the provisions of the Right of Children to Free and
Compulsory Education Act, 2009 and the Rules framed thereunder, as it diverts
teachers from their core duty of imparting education.</p>

<h3>Reasoning</h3>

<p>The Bench, at the outset, explained that the
preparation and revision of electoral rolls is a statutory function under the
Representation of the People Act, 1950, and Article 324 of the Constitution
vests the superintendence, direction and control of elections in the Election
Commission of India.</p>

<p>The Bench further stated that Section 27 of the
Right of Children to Free and Compulsory Education Act, 2009 expressly permits
the deployment of teachers for election-related duties, and BLO duties fall
within this exception.</p>

<p>Thus, finding no ground to interfere with the
exercise of its writ jurisdiction, the Bench dismissed the writ petition.</p>

<p><b>Cause Title: Azra Parveen And 4 Others v. State Of
U.P. And 3 Others (Neutral Citation: 2026:AHC:226999)</b></p>

<p><b>Appearance</b></p>

<p><u>Petitioner:</u>
Advocates Narendra Kumar, Shobhit Singh</p>

<p><u>Respondent:</u>
Chief Standing Counsel, Advocate Jay Prakash Singh</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/07/wriaa180072026watermark-1787356.pdf">Click here to read/download Order</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/07/wriaa180072026watermark-1787356.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div>]]></content:encoded>
<source url="https://www.verdictum.in/tulip-kanth"><![CDATA[Tulip Kanth]]></source>
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<title><![CDATA[Senior Associate Vacancy At National Highways and Infrastructure Development Corporation Limited]]></title>
<tags>Senior Associate (Legal) Vacancy</tags>
<link>https://www.verdictum.in/job-updates/national-highways-and-infrastructure-development-corporation-limited-1625365</link>
<guid isPermaLink="true">https://www.verdictum.in/job-updates/national-highways-and-infrastructure-development-corporation-limited-1625365</guid>
<category><![CDATA[Job updates]]></category>
<dc:creator><![CDATA[Suchita Shukla]]></dc:creator>
<pubDate>Sun, 08 Nov 2026 15:00:10 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2021/12/30/1302224-job-updates-03.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2021/12/30/1302224-job-updates-03.webp' /><p>The National
Highways and Infrastructure Development Corporation Limited invites
applications for Senior Associate (Legal).</p><div class="pasted-from-word-wrapper">

<p><b>Location:</b> Delhi</p>

<p><b>No. Of Posts:</b> 03</p>

<p><b>Remuneration</b>: ₹80,000 – ₹1,50,000</p>

<p><b>Educational Qualification:</b> LLB</p>

<p><b>Experience:</b> 2-9 years in handling legal matters
related to legal advice, drafting and vetting of agreements/contracts,
litigation, arbitration, regulatory compliance in Government Organizations,
PSUs, or reputed organizations; minimum 2 years (730 days) in the National
Highways Sector.</p>

<p><b>Age Limit: </b>45 years<b></b></p>

<p><b>Last Date To Apply</b>: Nov 19, 2026.</p>

<p><b>How To Apply:</b> Interested candidates may apply online
through the website.</p>

<p><b><span style="font-size: 20px;"><a href="https://www.nhidcl.com/sites/default/files/2026-11/recruitment_notice_08_of_2026_associates_04.11.2026.pdf">Click here for the official notification</a></span></b></p><span style="font-size: 20px;">

</span><p><b><span style="font-size: 20px;"><a href="https://www.nhidcl.com/application/login">Click here to apply</a></span></b></p></div>]]></content:encoded>
<source url="https://www.verdictum.in/suchita-shukla"><![CDATA[Suchita Shukla]]></source>
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<title><![CDATA[Looking At Woman Inappropriately Does Not By Itself Constitute Demand For Sexual Favours U/S 75(1)(ii) BNS: Karnataka High Court]]></title>
<description><![CDATA[The Court clarified that inconsistencies between a complaint and a subsequent statement do not ordinarily justify quashing proceedings. In this case, however, the complainant specifically disowned the allegations constituting the essential ingredients of the charged offences.]]></description>
<tags>Karnataka High Court,Justice Suraj Govindaraj</tags>
<link>https://www.verdictum.in/karnataka-high-court/hafeez-khasim-v-state-of-karnataka-and-another-2026khc60690-sexual-favour-1625369</link>
<guid isPermaLink="true">https://www.verdictum.in/karnataka-high-court/hafeez-khasim-v-state-of-karnataka-and-another-2026khc60690-sexual-favour-1625369</guid>
<category><![CDATA[Court Updates,High Courts,Karnataka High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Sun, 08 Nov 2026 12:00:42 GMT</pubDate>
<imagecaption><![CDATA[Justice Suraj Govindaraj, Karnataka High Court&nbsp;]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2022/10/06/1422508-j-suraj-govindarajkarnataka-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2022/10/06/1422508-j-suraj-govindarajkarnataka-hc.webp' /><p>The Karnataka High Court has held that looking at a woman in
an inappropriate manner cannot, by itself, be treated as a demand or request
for sexual favours under Section 75(1)(ii) of the Bharatiya Nyaya Sanhita,
2023.</p><div class="pasted-from-word-wrapper">

<p>Finding no investigative material supporting such a demand,
the Court quashed the charge sheet against a 66-year-old man for sexual
harassment and criminal intimidation.</p>

<p>The Court was hearing a petition under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the charge sheet and
consequential proceedings pending before a court in Tumakuru for offences under
Sections 75(1)(ii) and 351(2) of the BNS.</p>

<p>A Bench of<b> Justice Suraj Govindaraj</b> observed: <i>“The allegation
of the petitioner having looked at respondent No.2 in an inappropriate manner
cannot, by itself, be treated as a demand or request for sexual favours within
the meaning of Section 75(1)(ii) of the BNS.”</i></p>

<p><b>Advocate A.S. Kulkarni</b> appeared for the petitioner. <b>High
Court Government Pleader Ranjith Kumar</b> <b>N.</b> appeared for the State,
while <b>Advocate Mohammed Ummar Farooq</b> appeared for the complainant.</p>

<h3>Background</h3>

<p>The complainant had allegedly been introduced to the
petitioner while experiencing financial difficulties. According to the
complaint, the petitioner advanced her certain amounts without interest. A
dispute subsequently arose concerning repayment and the petitioner’s alleged
demand for interest.</p>

<p>The complainant alleged that she went to the petitioner’s
house to resolve the dispute. After her son-in-law left the premises, the
petitioner allegedly sought sexual favours from her by promising money and
other benefits. She further alleged that she escaped from the house with
difficulty and that the incident affected her mental health.</p>

<p>On June 4, 2025, the police registered offences under
Sections 74, 75(1)(ii), 75(1)(iv), 351(2) and 352 of the BNS. During the
investigation, however, the complainant gave a further statement in which she
said that she had visited the petitioner’s house to resolve their financial
dispute.</p>

<p>Although she stated that the petitioner had looked at her in
an inappropriate manner, she categorically said that he had not demanded sexual
favours. She also did not sustain the original allegation that he had
threatened her with physical harm over the repayment dispute.</p>

<p>The investigation culminated in a charge sheet only under
Sections 75(1)(ii) and 351(2) of the BNS. The petitioner sought its quashing,
contending that the complainant’s undisputed further statement negated the
essential ingredients of both offences. Neither the complainant’s counsel nor
the State disputed the recording or contents of that statement.</p>

<h3>Court’s Observations</h3>

<p><b>Demand Or Request Is Essential To Section 75(1)(ii) BNS</b></p>

<p>The Court noted that Section 75(1)(ii) specifically deals
with a demand or request for sexual favours. The existence of such a demand or
request must therefore be alleged and supported by the material collected
during the investigation.</p>

<p>It held: <i>“The essential ingredient of the said provision
is the existence of a demand or request for sexual favours by the accused.
Unless such demand or request is alleged and supported by the material
collected during investigation, the offence under the said provision cannot be
sustained.”</i></p>

<p>The original complaint contained an allegation which, if
established, would attract Section 75(1)(ii). The subsequent statement of the
complainant, however, presented a materially different account.</p>

<p><b>Complainant Specifically Disowned Sexual-Favour
Allegation</b></p>

<p>The Court found that the further statement was not merely
silent about the alleged demand for sexual favours. The complainant had
specifically disowned making such an allegation against the petitioner.</p>

<p>The Bench observed: <i>“Though the original complaint
contains an allegation which, if established, would attract the provision, the
subsequent statement of the very complainant, recorded during investigation,
specifically negates the essential ingredient of the offence for which the
charge-sheet has been filed.”</i></p>

<p>There was no other material before the Court substantiating
the alleged demand or request. The prosecution under Section 75(1)(ii) could
consequently not be sustained.</p>

<p><b>Criminal Intimidation Ingredients Were Also Absent</b></p>

<p>The Court separately examined the charge under Section
351(2) of the BNS. It explained that criminal intimidation requires a threat of injury
to a person, reputation or property, accompanied by an intention to cause alarm
or compel the person to act or refrain from acting in a particular manner.</p>

<p>Sub-section (2), the Court clarified, only prescribes the
punishment. The ingredients constituting criminal intimidation are contained in
Section 351(1) and must be disclosed before the punishment under sub-section
(2) can be invoked.</p>

<p>The original complaint alleged that the petitioner had
threatened the complainant with physical harm if she did not repay the amount
claimed from her. Her subsequent statement did not sustain that allegation and
contained no specific assertion of any threat intended to cause alarm.</p>

<p>The Court held: <i>“Thus, the material collected during
investigation does not disclose the essential ingredients of criminal
intimidation as contemplated under Section 351(1) of the BNS. Consequently, the
offence punishable under Section 351(2) of the BNS cannot be sustained.”</i></p>

<p><b>Not Every Inconsistency Justifies Quashing</b></p>

<p>The Court clarified that inconsistencies between a complaint
and a subsequent statement would not invariably justify quashing criminal
proceedings. Ordinarily, the credibility of witnesses and the effect of their
statements are matters for appreciation during trial.</p>

<p>It nevertheless found the present case distinguishable
because the complainant had specifically disowned the allegation constituting
the essential ingredient of Section 75(1)(ii) and had not sustained the
criminal-intimidation allegation. The authenticity and contents of her further
statement were undisputed.</p>

<p>The Court observed: <i>“In the absence of any other material
disclosed during investigation to substantiate the alleged demand for sexual
favours or the alleged criminal intimidation, this Court is of the considered
opinion that the continuation of the proceedings for the offences punishable
under Sections 75(1)(ii) and 351(2) of the BNS would serve no useful purpose.”</i></p>

<h3>Conclusion</h3>

<p>The Karnataka High Court allowed the criminal petition and
quashed the charge sheet and consequential proceedings against the petitioner
for offences under Sections 75(1)(ii) and 351(2) of the BNS.</p>

<p>It exercised its inherent jurisdiction under Section 528 of the BNSS to prevent an abuse of the process of law. The Court clarified that its
observations were confined to the consideration of the present petition.</p>

<p><b>Cause Title: Hafeez Khasim v. State of Karnataka and
Another (Neutral Citation: 2026:KHC:60690)</b></p>

<p><b>Appearances</b></p>

<p><u>Petitioner:</u> A.S. Kulkarni and Rakshan M.K., Advocates</p>

<p><u>Respondents:</u> Ranjith Kumar N., High Court Government
Pleader; Mohammed Ummar Farooq, Advocate</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/07/hafeez-v-state-of-karnataka-1787354.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/07/hafeez-v-state-of-karnataka-1787354.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
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<item>
<title><![CDATA[ST Candidate From One State Can't Claim Reservation In Another Merely Because Same Tribe Is Notified In Both States: Rajasthan High Court]]></title>
<description><![CDATA[The candidate was not excluded from the Nursing Officer recruitment; her candidature was considered under the General Category in accordance with an express condition in the advertisement.]]></description>
<tags>Rajasthan High Court,Justice Vinit Kumar Mathur,Justice Chandra Shekhar Sharma</tags>
<link>https://www.verdictum.in/rajasthan-high-court/baria-sharmishtha-ben-v-state-of-rajasthan-and-others-2026rj-jd55282-db-1625357</link>
<guid isPermaLink="true">https://www.verdictum.in/rajasthan-high-court/baria-sharmishtha-ben-v-state-of-rajasthan-and-others-2026rj-jd55282-db-1625357</guid>
<category><![CDATA[Court Updates,High Courts,Rajasthan High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Sun, 08 Nov 2026 10:30:27 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/02/10/1769495-justice-vinit-kumar-mathur-justice-chandra-shekhar-sharma-rajasthan-high-court-jodhpur-bench.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/02/10/1769495-justice-vinit-kumar-mathur-justice-chandra-shekhar-sharma-rajasthan-high-court-jodhpur-bench.webp' /><p>The Rajasthan High Court has held that a candidate
recognised as belonging to a Scheduled Tribe in another State cannot claim reservation under the ST category in Rajasthan merely because the same tribe is also notified as a
Scheduled Tribe in Rajasthan.</p><div class="pasted-from-word-wrapper">

<p>Upholding the treatment of a Gujarat-origin candidate under
the General Category, the Court dismissed her appeal against the rejection of
her claim for Rajasthan’s ST reservation in the Nursing Officer recruitment.</p>

<p>The Court was hearing a special appeal against a Single
Judge’s dismissal of the candidate’s writ petition challenging the State’s
decision to consider her candidature under the General Category instead of the
ST category.</p>

<p>A Bench of <b>Justice Vinit Kumar Mathur</b> and<b> Justice</b>
<b>Chandra Shekhar Sharma, </b>while referring to<b>&nbsp;</b>Marri Chandra Shekhar Rao v/s Dean Seth G.S. Medical College (1990), observed: <i>“In view of the law laid down by the
Hon’ble Supreme Court in the judgments referred to hereinabove, we are in
agreement with the view taken by the learned Single Judge that a candidate
belonging to the Scheduled Tribe (ST) category in a State other than the State
of Rajasthan, upon applying for a post pursuant to an advertisement stipulating
that such a candidate shall be considered under the General Category, would
automatically be dis-entitled to claim the benefit of reservation under the
Scheduled Tribe category.”</i></p><p>The Apex Court, in Marri Chandra Shekhar Rao (1990), had held that <i>"when a Scheduled Caste or tribe migrates, there is no inhibition in migrating, but when he migrates, he does not and cannot carry any special rights or privileges attributed to him or granted to him in the original State specified for that State or area or part thereof".</i></p>

<p><b>Advocate C.S. Kotwani</b> appeared for the candidate. <b>Additional
Advocate General N.S. Rajpurohit</b> appeared for the State.</p>

<h3>Background</h3>

<p>The candidate hailed from Gujarat, where her caste was
recognised as a Scheduled Tribe. After marrying a Rajasthan resident belonging
to the same caste, she moved to Rajasthan and applied for appointment as a
Nursing Officer, claiming the benefit of ST reservation.</p>

<p>The State declined to consider her under the ST category and
instead treated her candidature under the General Category. The recruitment
advertisement contained a specific condition that a reserved-category candidate
migrating to Rajasthan would be considered under the General Category.</p>

<p>The Single Judge dismissed her writ petition by relying on
Ranjana Kumari v. State of Uttarakhand (2018), which concerned the reservation
status of a candidate who migrated from one State to another. The candidate
then filed the special appeal before the Division Bench.</p>

<p>She argued that her caste was notified as a Scheduled Tribe
in both Gujarat and Rajasthan and that her candidature should therefore have
been considered under the ST category. The State relied on Marri Chandra
Shekhar Rao v. Dean, Seth G.S. Medical College (1990) and Action Committee on
Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the
State of Maharashtra v. Union of India (1994) to contend that State-specific
reservation privileges do not travel with a candidate upon migration.</p>

<h3>Court’s Observations</h3>

<p><b>Reservation Privileges Do Not Travel Upon Migration</b></p>

<p>The Court referred to Marri Chandra Shekhar Rao (1990), in
which the Supreme Court explained that migration itself remained unrestricted,
but the special privileges attached to Scheduled Caste or Scheduled Tribe
status in the State of origin did not automatically extend to another State.</p>

<p>The Supreme Court had held: <i>“If that right is not given in the migrated state it does not interfere
with his constitutional right of equality or of migration or of carrying on his
trade, business or profession. Neither Article 14 , 16 , 19 nor Article 21 is
denuded by migration but he must enjoy those rights in accordance with the law
if they are otherwise followed in the place where he migrates.”</i></p>

<p>The Supreme Court further explained that Scheduled Caste and
Scheduled Tribe specifications under Articles 341 and 342 of the Constitution
were made in relation to particular States. It held that extending the special
privileges granted in the State of origin throughout the country would negate
that State-specific constitutional scheme.</p>

<p><b>Same Caste In Both States Did Not Confer Reservation
Benefit</b></p>

<p>The Court also relied on Action Committee (1994), in which
the Supreme Court held that the considerations for including a caste or tribe
in a State’s reserved list depended on the disadvantages and social hardships
experienced within that State. Those conditions could differ substantially
elsewhere.</p>

<p>The reproduced passage stated: <i>“Coincidentally it may be
that a caste or tribe bearing the same nomenclature is specified in two States
but the considerations on the basis of which they have been specified may be
totally different. So also the degree of disadvantages of various elements
which constitute the input for specification may also be totally different.”</i></p>

<p>The Court therefore rejected the argument that notification
of the same caste as an ST in both Gujarat and Rajasthan entitled the candidate
to Rajasthan’s reservation benefit. Her status in the State of origin did not
confer the privileges available to members of the Scheduled Tribe
constitutionally specified for Rajasthan.</p>

<p><b>Candidature Was Considered Under General Category</b></p>

<p>The Court recorded that the material facts concerning the
candidate’s origin, migration and treatment in the recruitment process were
undisputed.</p>

<p>It observed: <i>“Having considered the submissions made at
the bar, we note that undisputed facts in the present case disclose that the
appellant belongs to a caste which is categorized in the ST category in the
State of Gujarat. After her marriage with a person belonging to ST category,
the appellant started living in the State of Rajasthan. While she was living in
the State of Rajasthan, she applied for appointment to the post of Nursing
Officer and claimed reservation as a ST category candidate. However, while the
exercise for appointment to the post of Nursing Officer was in progress, her
candidature was rejected in ST category and appellant was considered in general
category.”</i></p>

<p>Applying the Supreme Court precedents and the
advertisement’s express condition, the Division Bench agreed with the Single
Judge that the candidate was disentitled to claim Rajasthan’s ST reservation.
The State’s decision did not disqualify her from the recruitment process but
required her candidature to be assessed under the General Category.</p>

<h3>Conclusion</h3>

<p>The Rajasthan High Court dismissed the special appeal and
upheld the Single Judge’s refusal to direct consideration of the candidate
under the ST category. It sustained the State’s decision to treat her as a
General Category candidate for the Nursing Officer recruitment.</p>

<p>All pending applications were also disposed of.</p>

<p><b>Cause Title: Baria Sharmishtha Ben v. State of Rajasthan
and Others (Neutral Citation: 2026:RJ-JD:55282-DB)</b></p>

<p><b>Appearances</b></p>

<p><u>Appellant:</u> C.S. Kotwani, Advocate</p>

<p><u>State:</u> N.S. Rajpurohit, Additional Advocate General,
assisted by Kanchan Jodha, Advocate</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/07/baria-v-state-1787350.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/07/baria-v-state-1787350.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
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<title><![CDATA[Right To Peaceful Protest Cannot Be Curtailed By Frivolous Criminal Cases: Karnataka High Court Quashes Case Against SDPI Leaders]]></title>
<description><![CDATA[The Court found that the charge sheet disclosed neither obstruction of the Chief Minister’s convoy nor criminal force against a public servant, and showed at most a roadside protest involving SDPI and black flags.]]></description>
<tags>Karnataka High Court,Justice Rajesh Rai K</tags>
<link>https://www.verdictum.in/karnataka-high-court/abdul-jaleel-alias-yaseen-arkula-and-others-v-state-of-karnataka-and-another-2026khc59324-1625364</link>
<guid isPermaLink="true">https://www.verdictum.in/karnataka-high-court/abdul-jaleel-alias-yaseen-arkula-and-others-v-state-of-karnataka-and-another-2026khc59324-1625364</guid>
<category><![CDATA[Court Updates,High Courts,Karnataka High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Sun, 08 Nov 2026 09:00:25 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2023/08/05/1528817-rajesh-rai-k-karnataka-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2023/08/05/1528817-rajesh-rai-k-karnataka-hc.webp' /><p>The Karnataka High Court has held that the constitutional
right to conduct a peaceful protest cannot be curtailed by initiating criminal
proceedings against the protestors based on frivolous allegations.</p><div class="pasted-from-word-wrapper">

<p>The High Court quashed the proceedings against 20 persons
described in the complaint as SDPI leaders who had allegedly staged a protest
demanding the resignation of then State Minister K.S. Eshwarappa.</p>

<p>The Court was hearing a petition under Section 482 of the
CrPC seeking the quashing of proceedings for offences under Sections 143, 147,
341, 353 and 290 read with Section 149 of the IPC arising from an alleged
attempt to obstruct the convoy of the then Chief Minister of Karnataka.</p>

<p>A Bench of<b> Justice</b> <b>Rajesh Rai K</b> observed: <i>“…
the contention of the learned counsel for the petitioners that the right to
conduct a peaceful protest is a Constitutional right guaranteed under Article
19 of the Constitution of India merits consideration. Such a right cannot be
curtailed by initiating criminal proceedings on the basis of frivolous
allegations.”</i></p>

<p>The Court further observed: <i>“A perusal of the
charge-sheet material does not disclose that the petitioners had either
obstructed the convoy vehicle of the Chief Minister or made any attempt to use
criminal force to deter a public servant from discharging his official duties.
There is also no specific allegation attributing any act of mischief to the
petitioners. Even if the entire allegations in the charge sheet are taken at
their face value, the materials would, at best, indicate an attempt on the part
of the petitioners to stage a protest, and admittedly, no overt act
constituting the alleged offences is established from the charge-sheet
material.”</i></p>

<p><b>Advocate Lethif B. </b>appeared for the petitioners. <b>High
Court Government Pleader Mahesha P.</b> appeared for the State. </p>

<h3>Background</h3>

<p>The then Chief Minister was scheduled to attend a programme
in Dakshina Kannada district. A police sub-inspector and another person were
deployed for security duty near a junction through which the convoy was
expected to pass.</p>

<p>The complaint alleged that, when the convoy reached the
junction, a group of 15 to 20 persons approached from a nearby road carrying
SDPI flags and black flags. They were allegedly raising slogans demanding K.S.
Eshwarappa’s resignation in connection with a death that had occurred the
previous day.</p>

<p>The complaint further alleged that the group moved towards
the Chief Minister’s vehicle, raised slogans and obstructed the convoy. The
police initially registered offences relating to unlawful assembly, rioting,
wrongful restraint and public nuisance. After investigation, the charge-sheet
also invoked Section 353 of the IPC, which concerned assault or criminal force
used to deter a public servant from discharging official duties.</p>

<p>The petitioners argued that the complaint and charge-sheet
disclosed no actual assault or use of criminal force against any public
servant, no act of mischief and no ingredients of the alleged offences. The
State opposed the petition, submitting that the statements of the material
witnesses and eyewitnesses prima facie disclosed their involvement and that the
allegations should be examined during trial.</p>

<h3>Court’s Observations</h3>

<p><b>Complaint Concerned A Roadside Protest</b></p>

<p>The Court examined the complaint and noted that the original
allegation concerned a protest staged on the roadside to demand the resignation
of a State Minister.</p>

<p>It observed: <i>“As could be gathered from the complaint
averments, initially, the FIR was registered on the basis of the suo-moto
complaint lodged by respondent No.2 for the offences punishable under Sections
143, 147, 341 and 290 r/w 149 of IPC. The specific allegation in the complaint
is that the petitioners had staged a protest by demanding the resignation of
one of the Minister of the State, on the roadside at a place called Valachil.”</i></p>

<p>The Court found that the charge-sheet material did not
support the allegation that the petitioners had obstructed the convoy. It also
disclosed no attempt to use criminal force against a public servant or any
specific act of mischief.</p>

<p><b>Standing By Roadside With Flags Did Not Constitute
Invoked Offences</b></p>

<p>The Court considered the statements of the material
witnesses, including eyewitnesses, and found that they described an attempt to
protest by standing on the roadside and displaying organizational flags.</p>

<p>It held: <i>“Even the statements of the material witnesses,
including the eyewitnesses, disclose that the petitioners had merely attempted
to stage a protest by standing on the roadside and displaying the flags of
their organization, such an act, by itself, would not constitute the offences
punishable under Sections 353, 290 or the other provisions of the IPC invoked
against them.”</i></p>

<p>The Court found no overt act satisfying the ingredients of
the offences alleged in the charge-sheet. The materials, even when accepted at
face value, indicated no more than an attempt to stage a protest.</p>

<p><b>Continuing Prosecution Would Be Abuse Of Process</b></p>

<p>Having found the necessary ingredients of the alleged
offences absent, the Court held that the criminal case could not be permitted
to continue.</p>

<p>It observed: <i>“In the aforesaid circumstances, permitting
the criminal proceedings to continue against the petitioners, in the absence of
the necessary ingredients constituting the alleged offences, would amount to an
abuse of the process of Court. Accordingly, I proceed to pass the following.”</i></p>

<p>The Court accordingly exercised its inherent jurisdiction
under Section 482 of the CrPC to terminate the proceedings.</p>

<h3>Conclusion</h3>

<p>The Karnataka High Court allowed the petition and quashed
the criminal proceedings against all 20 petitioners for the offences under
Sections 143, 147, 341, 353 and 290 read with Section 149 of the IPC.</p>

<p>It held that the charge-sheet materials disclosed neither
obstruction of the Chief Minister’s convoy nor criminal force against a public
servant or any specific act of mischief. The materials showed, at most, an
attempt to conduct a roadside protest. The Court separately recognised the
right to peaceful protest as a constitutional right guaranteed under Article
19.</p>

<p><b>Cause Title: Abdul Jaleel alias Yaseen Arkula and Others
v. State of Karnataka and Another (Neutral Citation: 2026:KHC:59324)</b></p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/07/abdul-jaleel-v-state-of-karnataka-1787353.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/07/abdul-jaleel-v-state-of-karnataka-1787353.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
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<title><![CDATA[Sub-Inspector Cannot Issue Notice For Opening Rowdy Sheet; Power Lies With SP Or SDPO: Karnataka High Court]]></title>
<description><![CDATA[The Court quashed a notice intimating the opening of a rowdy sheet against a man named in two criminal cases arising from civil disputes, and directed the State to issue a circular to all police stations.]]></description>
<tags>Justice M.G.S Kamal,Karnataka High Court</tags>
<link>https://www.verdictum.in/karnataka-high-court/manjunath-krishnappa-dalawai-v-state-of-karnataka-2026khc-d17446-rowdy-sheet-against-a-man-named-in-two-criminal-cases-1625363</link>
<guid isPermaLink="true">https://www.verdictum.in/karnataka-high-court/manjunath-krishnappa-dalawai-v-state-of-karnataka-2026khc-d17446-rowdy-sheet-against-a-man-named-in-two-criminal-cases-1625363</guid>
<category><![CDATA[Court Updates,High Courts,Karnataka High Court]]></category>
<dc:creator><![CDATA[Agatha Shukla]]></dc:creator>
<pubDate>Sun, 08 Nov 2026 07:30:06 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2026/11/07/1787345-justice-mgs-kamal-karnataka-hc-dharwad-bench.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2026/11/07/1787345-justice-mgs-kamal-karnataka-hc-dharwad-bench.webp' /><p>The Karnataka High Court, Dharwad Bench has held that a
Sub-Inspector of Police has no power or authority to issue a notice intimating
the opening of a rowdy sheet. It held that a notice for opening a rowdy sheet,
if any, can be issued only by an officer not below the rank of Superintendent of
Police (SP), or a Sub-Divisional Police Officer (SDPO) authorised in accordance with law,
in view of Clause (5) of Order No. 1059 of the Karnataka Police Manual.</p><div class="pasted-from-word-wrapper">

<p>The Court noted a considerable increase in Sub-Inspectors
issuing notices threatening to open rowdy sheets against persons named in one
or two criminal cases, mostly arising out of private family property or
matrimonial disputes. It quashed the impugned notice and directed the State
Government to issue necessary instructions to all police stations.</p>

<p>A Single Bench of <b>Justice M.G.S. Kamal</b> observed, <i>“The
officer who is empowered to open and maintain, history/rowdy sheet is Superior
Police officer of the rank of Superintendent of police or Sub-divisional
police. The jurisdictional Police Inspector or the officer in-charge of the
police station shall with the prior orders of Superintendent of police or
Sub-divisional Police Officer enter name of Rowdy in the Register of Rowdies. A
Sub-Inspector or Police cannot on his own open a Rowdy sheet…”.</i></p>

<p><i>“…The said guidelines of issuance of notice has to be
read along with guideline No. iii which is in consonance with the object,
purport and rigour of Clause (5) of the Order No.1059 of the Karnataka Police
Manual…The very fact, that this kind of notices are being issued runs contrary
to the mandate of law, which bars opening a Rowdy Sheet without the prior
orders of Superintendent of Police or the Sub-Divisional Police Officer, who is
authorised by the Superintendent of Police. Therefore it goes without saying
that even if a notice is required to be issued, such notice has to be issued by
the Superintendent of Police or authorised the Sub Divisional of Police Officer
or with his prior order. Such power cannot be exercised by an Officer below the
rank of the Superintendent of Police or Sub-Divisional Police Officers”,</i>
the Bench said.</p><p><b style="background-color: rgb(255, 255, 255);">Advocate
Kushal N.K.</b><span style="background-color: rgb(255, 255, 255);">
appeared for the petitioner and </span><b style="background-color: rgb(255, 255, 255);">Prashanth V. Mogali</b><span style="background-color: rgb(255, 255, 255);">, </span><b style="background-color: rgb(255, 255, 255);">HCGP </b><span style="background-color: rgb(255, 255, 255);">appeared
for the respondent.</span></p></div><div class="pasted-from-word-wrapper"><p>The petitioner, an agriculturist from Bagalkot, was named in
two FIRs registered under various provisions of the Bharatiya Nyaya Sanhita,
2023. He contended that the cases arose out of pending civil suits. On June 10,
2026, the Sub-Inspector issued him a communication stating that a rowdy sheet
would be opened against him under Order No. 1059 of the Manual.</p>

<p>The petitioner approached the High Court under Articles 226
and 227 of the Constitution of India, relying on the Coordinate Bench decision
in <i>B.S. Prakash v. the State of Karnataka Writ Petition No.4504/2021 along
with connected matters dated 22.04.2022</i>, contending that the communication
was in effect an order opening a rowdy sheet. The State contended that it was
only a notice, and that the petitioner ought to reply to the Sub-Inspector.</p>

<p>The Court found that the communication was not a show cause
notice but an intimation that a rowdy sheet would indeed be opened. It noted
that Clause (5) of Order No. 1059 mandates prior orders of the Superintendent
of Police or Sub-Divisional Police Officer before any name is entered in the
Register of Rowdies, and that a Sub-Inspector cannot on his own open a rowdy
sheet. It held that the guideline in <i>B.S. Prakash </i>requiring a proposal
notice was an additional safeguard against police excess, to be read with the
guideline requiring the superior officer to call for records and record
reasons. It observed that the guideline had been misread, with Sub-Inspectors
issuing notices to anyone they thought deserved to be rowdy-sheeted, without
reference to prior orders.</p>

<p>The Court allowed the petition and quashed the notice dated
June 10, 2026, and directed that the B.S. Prakash guidelines be read and
applied accordingly, and that the State Government issue necessary instructions
or a circular to all concerned police stations.</p>

<p><b>Cause Title:</b> <b>Manjunath Krishnappa Dalawai v. State
of Karnataka &amp; Ors. (Neutral Citation: 2026:KHC-D:17446)</b></p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/07/kahc0201283220261watermark-1787343.pdf">Click here to read/download the Order</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/07/kahc0201283220261watermark-1787343.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/agatha"><![CDATA[Agatha Shukla]]></source>
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<title><![CDATA[College Cannot Retain Students’ Original Certificates As Security For Unpaid Fees: Telangana High Court]]></title>
<description><![CDATA[The Court directed the medical college and the associated university to return the MBBS graduate’s original certificates within one week, while leaving any monetary claim to be pursued through lawful recovery proceedings.]]></description>
<tags>Telanagana High Court,Justice Juvvadi Sridevi</tags>
<link>https://www.verdictum.in/telangana-high-court/kolakatla-shravan-kumar-v-state-of-telangana-and-others-certificates-security-1625362</link>
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<category><![CDATA[Court Updates,High Courts,Telangana High Court]]></category>
<dc:creator><![CDATA[Muhib Makhdoomi]]></dc:creator>
<pubDate>Sun, 08 Nov 2026 06:00:40 GMT</pubDate>
<imagecaption/>
<image><![CDATA[https://www.verdictum.in/h-upload/2024/01/22/1581524-justice-juvvadi-sridevi-telangana-hc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2024/01/22/1581524-justice-juvvadi-sridevi-telangana-hc.webp' /><p>The Telangana High Court has held that a college cannot
retain a student’s original academic certificates as security for unpaid fees
in the absence of statutory or legal authority.</p><div class="pasted-from-word-wrapper">

<p>The High Court directed the medical college and its
associated university to return an MBBS graduate’s original certificates within
one week of receiving the order.</p>

<p>The Court was hearing an Article 226 petition challenging
the withholding of the graduate’s academic certificates and related university
approvals as a fee-recovery measure that allegedly prevented him from
participating in the NEET PG 2026 counselling process.</p>

<p>A Bench of<b> Justice</b> <b>Juwadi Sridevi</b> observed: <i>“The
said certificates, being personal and academic credentials, are undoubtedly the
exclusive property of the petitioner. In the absence of any statutory or legal
authority, respondent No.3 has no authority whatsoever to retain the
petitioner’s original certificates. Even assuming that the college has any
monetary claim against the petitioner, the proper remedy, if any, available is
to pursue appropriate proceedings in accordance with law for recovery of its
dues. However, the college cannot retain the petitioner’s original certificates
as security for recovery of any amount claimed by it and such retention is
wholly unlawful and cannot be justified on the ground of any outstanding
liability.”</i></p>

<p><b>Advocate P. Bosu Babu</b> appeared for the petitioner. <b>Assistant
Government Pleader Swapna Madhuri</b> appeared for the State, while <b>Standing
Counsel T. Sharat</b> appeared for the health sciences university. </p>

<h3>Background</h3>

<p>The petitioner had submitted his original academic records
to the medical college when he joined its MBBS course. After completing the
course, he received a provisional certificate and subsequently completed his
compulsory rotatory internship.</p>

<p>According to the petitioner, he had paid ₹47.50 lakh towards
tuition and allied fees for the first four years but could not pay the
final-year balance of ₹11.75 lakh because of financial constraints. He alleged
that the college consequently retained his original certificates. The status of
his application for the original degree certificate was also shown as awaiting
the principal’s approval.</p>

<p>The petitioner submitted that the withholding of his records
had prevented him from completing the process for permanent registration with
the Medical Council or securing employment. He had also applied for NEET PG
2026 and required his original documents for verification during counselling
and for reporting to the allotted institution.</p>

<p>He therefore sought the immediate return of his original
certificates and clearance of the pending university approvals. The health
sciences university opposed the petition, while the medical college and the
associated university remained unrepresented despite service of notice.</p>

<h3>Court’s Observations</h3>

<p><b>College’s Custody Of Original Records Was Undisputed</b></p>

<p>The Court recorded that the petitioner had submitted his
original certificates when he joined the MBBS course and had since completed
the course. Their continued custody with the medical college was not disputed.</p>

<p>It observed: <i>“It is not in dispute that the petitioner
had submitted his original certificates to respondent No.3 at the time of
admission into MBBS course and subsequently completed his course. It is also
not in dispute that the original certificates of the petitioner were presently
in the custody of respondent No.3.”</i></p>

<p>The Court treated the records as the petitioner’s personal
and academic credentials and, consequently, as his exclusive property. The
college had disclosed no statutory or legal authority permitting their
continued retention.</p>

<p><b>Outstanding Dues Did Not Authorise Retention</b></p>

<p>The Court did not adjudicate whether the amount claimed by
the college was payable. It proceeded on the assumption that the college might
have a monetary claim and held that such a claim had to be pursued through
appropriate proceedings in accordance with law.</p>

<p>Having rejected the use of the certificates as security for
the claimed amount, the Court concluded: <i>“Therefore, this Court is of the
considered opinion that the petitioner is entitled to the immediate return of
his original certificates.”</i></p>

<p>The existence of an alleged outstanding liability could not
justify retaining the student’s original records. The Court therefore separated
the college’s right, if any, to recover its dues from the student’s right to
obtain his personal academic documents.</p>

<p><b>Continued Retention Affected Counselling And Employment</b></p>

<p>The Court recorded the petitioner’s submission that the
withheld certificates were required for professional registration, employment
and postgraduate medical counselling.</p>

<p>His counsel submitted: <i>“He further submits that the
petitioner has applied for NEET PG 2026 and as per the online counselling
schedule published by the Medical Counselling Committee (MCC), the petitioner
is required to produce his original certificates for verification and report
before the allotted college. He further submits that any further delay in
release of the petitioner’s original certificates would irreparably prejudice
his career, which cannot be compensated by any subsequent monetary relief.”</i></p>

<p>The petitioner’s need to produce the original documents
provided the immediate context for seeking their return, although the Court’s
holding rested on the absence of legal authority permitting the college to
retain them.</p>

<p><b>Certificates Directed To Be Returned Within One Week</b></p>

<p>The Court allowed the writ petition and fixed a time limit
for compliance.</p>

<p>It directed: <i>“For the foregoing discussion, this Writ
Petition is allowed, directing respondent Nos.3 and 4 to return the original
certificates to the petitioner, within a period of one (1) week, from the date
of receipt of a copy of this order. No costs.”</i></p>

<h3>Conclusion</h3>

<p>The Telangana High Court allowed the writ petition and
directed the medical college and the associated university to return the
petitioner’s original certificates within one week of receiving a copy of the
order. It held that the certificates could not be retained as security for any
alleged fee liability and that the proper remedy for recovering any dues was to
institute appropriate proceedings in accordance with law.</p>

<p>The Court made no order as to costs. All pending
miscellaneous applications were closed.</p>

<p><b>Cause Title: Kolakatla Shravan Kumar v. State of
Telangana and Others</b></p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/07/kolakatla-shravan-kumar-v-state-1787351.pdf">Click here to read/download Judgment</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/07/kolakatla-shravan-kumar-v-state-1787351.pdf" width="100%" height="800"></div>]]></content:encoded>
<source url="https://www.verdictum.in/muhib-makhdoomi"><![CDATA[Muhib Makhdoomi]]></source>
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<title><![CDATA[Lawful Lease Doesn't Absolve Environmental Safeguards In Riverbed Mining: Supreme Court Restrains New Industries Near Jojari-Luni Rivers]]></title>
<description><![CDATA[The Court deprecated Rajasthan’s attempt to legitimise illegal bajri mining through subsequent leases, ordered an SIT probe and restrained new industries near the Jojari-Bandi-Luni rivers.]]></description>
<tags>Justice Vikram Nath,Justice Sandeep Mehta,Supreme Court</tags>
<link>https://www.verdictum.in/supreme-court/in-re-2-million-lives-at-risk-contamination-in-jojari-river-rajasthan-2026-insc-1203-1625361</link>
<guid isPermaLink="true">https://www.verdictum.in/supreme-court/in-re-2-million-lives-at-risk-contamination-in-jojari-river-rajasthan-2026-insc-1203-1625361</guid>
<category><![CDATA[Court Updates,Supreme Court]]></category>
<dc:creator><![CDATA[Agatha Shukla]]></dc:creator>
<pubDate>Sun, 08 Nov 2026 04:30:18 GMT</pubDate>
<imagecaption><![CDATA[Justice Vikram Nath, Justice Sandeep Mehta, Supreme Court]]></imagecaption>
<image><![CDATA[https://www.verdictum.in/h-upload/2025/12/16/1760121-justice-vikram-nath-and-justice-sandeep-mehta-sc.webp]]></image>
<content:encoded><![CDATA[<img src='https://www.verdictum.in/h-upload/2025/12/16/1760121-justice-vikram-nath-and-justice-sandeep-mehta-sc.webp' /><p>The Supreme Court has held that compliance with the
prescribed procedure for grant of a mining lease and compliance with
environmental safeguards governing the actual conduct of mining are distinct
requirements, and the former cannot substitute the latter. It held that where
illegal mining has been detected, the subsequent grant of a lease over the same
area cannot dispel the resulting concerns without an independent, scientific
assessment of cumulative environmental impact.</p><div class="pasted-from-word-wrapper">

<p>The Court deprecated the State Mining Department’s apparent
attempt to legitimise illegal riverbed mining by granting leases instead of
acting against those responsible. It directed a Special Investigation Team to
probe organised illegal bajri mining, including the role of public officials,
and restrained the State from permitting new industrial units near the riverine
ecosystem until the High Flood Line and buffer zones are determined.</p>

<p>A Bench of <b>Justice Vikram Nath</b> and <b>Justice Sandeep
Mehta</b> observed, <i>“The explanation furnished by the State, if accepted
without further scrutiny, would risk reducing the problem of illegal mining to
one of post facto regularisation and sanctioning of activities that were
otherwise illegal, thereby lending legitimacy to such mining operations.
Compliance with the prescribed procedure for grant of a mining lease and
compliance with the environmental safeguards governing the actual conduct of
mining are distinct requirements. The former cannot be a substitute for the
latter. It is, therefore, necessary to ascertain whether the areas subsequently
brought under mining leases were assessed with due regard to the natural flow
of the rivers, the integrity of their beds and banks, replenishment capacity,
groundwater recharge and the cumulative impact of mining across contiguous
stretches”.</i></p>

<p><b>S.V. Raju, Additional Solicitor General</b>, appeared for
the State of Rajasthan;&nbsp;<b>Senior Advocate Balbir Singh </b>and&nbsp;<b>Advocate Namit Saxena</b>&nbsp;appeared as amicus curiae, and <b>Advocate Rishabh Sancheti</b> appeared for the Applicant.</p>

<p>The suo motu proceedings concern the degradation of the
Jojari-Bandi-Luni river ecosystem in Rajasthan. By order dated September 29,
2026, the Court had issued directions on unauthorised discharge points, illegal
industries and mining, effluent treatment infrastructure and a Comprehensive
Resolution Plan.</p>

<p>The High-Level Ecosystem Oversight Committee thereafter
flagged the Water Resources Department’s proposal to redetermine river widths
on the basis of sewage flow, which would reduce the Luni from about 1,172
metres to about eight metres at Bhituja. It also flagged unscientific mining
across 458.6 hectares at Village Kanana and slow progress on CETP and ZLD
facilities. The State conceded that the width exercise was misconceived.
Digvijay Singh Jasol, appearing in person, raised groundwater depletion in the
over-exploited Balotra block.</p>

<p>The Bench noted that several initiatives remained under
consideration and held that initiation of administrative processes cannot be
treated as fulfilment of its directions. It observed that accepting the State’s
explanation would reduce illegal mining to post facto regularisation, and that
the State cannot discharge its obligation merely by reporting cases detected,
FIRs registered or penalties recovered.</p>

<p><i>“The aforesaid position gives rise to a serious concern.
The fact that mining leases may have subsequently been granted in accordance
with the prescribed procedure does not, by itself, answer the question whether
the grant of such leases is environmentally sustainable or consistent with the
need to preserve and restore the natural course, riverbed and ecological
integrity of the river systems. Where illegal mining has previously been
detected, the subsequent grant of a lease over the same area cannot be treated
as sufficient to dispel the concerns arising from the earlier activity, without
an independent and scientifically informed assessment of the cumulative
environmental impact”,</i> the Bench said.</p>

<p>The Court directed a 100-metre protective zone on either
side of the recorded river boundaries and barred Red Category industries within
500 metres. The SIT, headed by an officer not below the rank of Inspector
General of Police, is to be constituted within three days. The Central Ground
Water Authority was directed to be impleaded, the State was directed to respond
to Jasol’s Note, and the grievance mechanism was directed to accept anonymous
complaints. The State was also directed to frame a ZLD financial assistance
policy and plan a redistribution pipeline for treated wastewater. Senior
Advocate Balbir Singh and Advocate Namit Saxena were appointed Amici Curiae.</p>

<p>On an application by Bherawa Textile Industries, the Court
clarified that its earlier orders do not extinguish the NGT’s appellate
jurisdiction under Section 16(c) of the NGT Act, 2010, and granted liberty to
seek restoration of the withdrawn appeal. The matter is listed on November 27,
2026.</p>

<p><b>Cause Title:</b> <b>In Re: 2 Million Lives At Risk,
Contamination In Jojari River, Rajasthan (Neutral Citation: 2026 INSC 1203)</b></p>

<p><b><u>Appearances:</u></b><u><br></u>Additional Solicitor General S.V. Raju, Additional Advocate
General Shiv Mangal Sharma, Advocate Rishabh Sancheti, Digvijay Singh Jasol, in
person, Senior Advocate Balbir Singh, Advocate Namit Saxena, Amicus Curiae.</p>

<p><b><a href="https://www.verdictum.in/pdf_upload/2026/11/07/539672025230275548judgement26-oct-2026watermark-1787333.pdf">Click here to read/download the Order</a></b></p></div><div draggable="true" class="hocal-draggable"><embed src="https://www.verdictum.in/pdf_upload/2026/11/07/539672025230275548judgement26-oct-2026watermark-1787333.pdf" width="100%" height="800"></div><div class="pasted-from-word-wrapper"><p><b><br></b></p></div><p><br></p>]]></content:encoded>
<source url="https://www.verdictum.in/agatha"><![CDATA[Agatha Shukla]]></source>
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