Friday, 28 August 2026

The dispute. Two qualifying professors challenged Himachal Pradesh amendments altering the appointment procedure for agricultural university Vice-Chancellors. The State mandated appointments on government advice and omitted the required UGC nominee from search committees. They filed writ petitions before the High Court seeking to quash the amended rules and the consequential recruitment advertisement.

The reasoning. The High Court held that UGC Regulations 2018 are mandatory and override conflicting State university legislation under Entry 66 of List I. Presidential assent cannot cure a State enactment encroaching on Parliament's exclusive field.

For your practice. State universities cannot dilute UGC search committee requirements, as local statutory amendments excluding central nominees are void ab initio.

The order. The Court quashed the 2023 Amendment Act, Rules 2 to 4 of the 2026 Rules, and the recruitment advertisement. It directed a fresh selection process strictly complying with Regulation 7.3 of the UGC Regulations 2018.

Section 7.3, University Grants Commission Regulations, 2018

Case

Narender Kumar Sankhyan v. State of Himachal Pradesh & ors.

Citation

Himachal Pradesh High Court · CWP/4259/2026 · 2026:HHC:36551 · 27.08.2026

Bench

Vivek Singh Thakur, Ranjan Sharma

The dispute. A nursing officer secured an NOC and visa to appear for a professional licensing examination in Australia. While her earned leave application was pending, the State issued executive instructions imposing a blanket ban on foreign travel for all government employees. She filed a writ petition challenging the executive instructions and seeking a direction to permit her foreign travel.

The reasoning. The High Court held that foreign travel is an Article 21 right requiring statutory authority for any restriction. A blanket executive ban on all public servants without individual assessment is manifestly arbitrary.

A blanket prohibition on an entire class of citizens merely because they are in government service is manifestly arbitrary.

For your practice. Executive guidelines cannot restrict public servants from travelling abroad without statutory backing and case-specific justification.

The order. The Court quashed the instructions dated 10 June 2026 and directed the authority to grant travel permission by 31 August 2026. The petitioner was permitted to resume service after her leave.

Article 21, Constitution of India, 1950

Case

SHEETAL RANI vs STATE OF HARYANA & ors.

Citation

Punjab and Haryana High Court · CWP/27369/2026 · 27.08.2026

Bench

Harpreet Singh Brar

The dispute. A corporate executive faced four separate FIRs across Assam alleging misappropriation of funds in a government skill-development programme. All complaints alleged an identical modus operandi of falsifying training records and siphoning scheme subsidies. He petitioned the High Court under Section 482 CrPC to consolidate all subsequent complaints with the first registered FIR.

The reasoning. The High Court held that multiple FIRs for the same transaction cannot trigger separate investigations under Section 154 CrPC. Under the test of sameness, subsequent complaints must be transferred and treated as Section 162 statements.

For your practice. Accused persons facing parallel FIRs across jurisdictions can seek consolidation under Section 482 CrPC when complaints share an identical transaction.

The order. The Court ordered three subsequent FIRs transferred to Rangia Police Station and clubbed with the earliest FIR. The later complaints were directed to be treated solely as Section 162 statements.

Section 154, Code of Criminal Procedure, 1973

Case

Alok Sarkar v. State of Assam & ors.

Citation

Gauhati High Court · W.P.(Crl.)/43/2022 · 2026:GAU-AS:12335 · 27.08.2026

Bench

Anjan Moni Kalita

The dispute. The petitioners were shortlisted for teaching posts in Haryana based on their 2011 eligibility certificates. The recruiting authority then cancelled their appointments, asserting that their HTET certificates had lapsed under the earlier seven-year validity rule. The candidates approached the High Court to quash the rejection and enforce the NCTE's lifetime validity notification.

The reasoning. The High Court held that NCTE norms granted lifetime validity retrospectively from February 2011. Restricting the benefit to subsequent advertisements creates an unconstitutional classification under Articles 14 and 16.

For your practice. Counsel challenging teacher selection rejections can enforce retrospective NCTE norms against state authorities imposing arbitrary cut-off dates.

The order. The High Court disposed of the writ petition, directing the competent authority to treat it as a representation. The authority must reconsider the candidatures under the NCTE amendment and pass a reasoned order within three months.

Article 14, Constitution of India

Case

SHASHI KANT MISHRA & ors. vs THE STATE OF HARYANA & ors.

Citation

Punjab and Haryana High Court · CWP/27418/2026 · 27.08.2026

Bench

Harpreet Singh Brar

The dispute. An informant lodged an FIR alleging assault, which the police closed as self-inflicted by filing a cancellation report. Before the Magistrate decided the informant's pending protest petition, the police filed a complaint against him for furnishing false information. He petitioned the High Court under Section 482 CrPC seeking to quash the complaint as an abuse of process.

The reasoning. The High Court held that false-information proceedings cannot proceed while a cancellation report remains unaccepted. Prosecuting the informant before disposing of his protest petition pre-judges his complaint and constitutes an abuse of process.

For your practice. Informants cannot be prosecuted for false information until the Magistrate disposes of pending protest petitions and accepts the cancellation report.

The order. The Court quashed the complaint under Section 182 IPC and all consequential proceedings, directing that no further action be taken against the petitioner.

Section 182, Indian Penal Code, 1860

Case

RAJESH KUMAR vs STATE OF HARYANA & ors.

Citation

Punjab and Haryana High Court · CRM-M/17383/2023 · 27.08.2026

Bench

Manisha Batra

The dispute. Forty-one members of a housing society challenged general body resolutions appointing a developer to reconstruct sixty-nine residential structures. They filed a dispute before the Cooperative Court challenging the resolutions without disputing the underlying development agreement. The Cooperative Court rejected the dispute for lack of jurisdiction, and the appellate court affirmed the rejection.

The reasoning. Redevelopment does not constitute society business under Section 91 unless expressly enumerated in its bye-laws. Moreover, challenging resolutions without the underlying development agreement splits the cause of action, requiring recourse to the civil court.

For your practice. Parties contesting society redevelopment must verify bye-laws before approaching the cooperative court, or file composite civil suits against both resolutions and agreements.

The order. The High Court dismissed the writ petition, upholding the concurrent orders of the cooperative courts rejecting the dispute for lack of jurisdiction.

Section 91, Maharashtra Co-operative Societies Act, 1960

Case

BALIRAM TOTARAM MISAL & ors. vs SAUJANYA CO OP. HSG. SOC. LTD

Citation

Bombay High Court · WP/15791/2025 · 2026:BHC-AS:35191 · 27.08.2026

Bench

Sandeep V. Marne

The dispute. Landowners executed and registered a sale deed for agricultural land after receiving partial payment from a broker. They subsequently sued to declare the deed void, alleging the buyer fraudulently obtained signatures under pretext of an agreement to sell and withheld the remaining price. The trial court dismissed the suit upon finding the fraud allegations unproven and the conveyance validly executed.

The reasoning. Title passes upon registration under Section 54 of the Transfer of Property Act unless expressly conditional on full payment. Moreover, the strong presumption of validity attaching to registered deeds cannot be displaced by vague fraud allegations.

For your practice. Unpaid sellers cannot invalidate registered conveyances without express conditional clauses, and must instead file suits for recovery of the unpaid purchase money.

The order. The High Court dismissed the first appeal, affirmed the trial court decree, vacated interim orders, and directed refund of the appellants' deposit with accrued interest.

Section 54, Transfer of Property Act, 1882

Case

JYOTSNABEN RAMANBHAI PATEL & ors. Versus BRIJESHSINH KISHORSINH CHAUHAN & ors.

Citation

Gujarat High Court · R/FA/2539/2024 · 2026:GUJHC:54835 · 27.08.2026

Bench

J. C. Doshi

The dispute. An engineer dismissed after a disciplinary enquiry challenged his termination before the Labour Court. The employer objected that the employee was not a statutory workman and sought adjudication of the issue preliminarily. The Industrial Court set aside a composite trial order and directed the Labour Court to determine workman status preliminarily.

The reasoning. Workman status involves mixed questions of fact and law that cannot be isolated as a preliminary issue. Bifurcating jurisdictional challenges from substantive merits causes piecemeal litigation and protracted delay.

For your practice. Employers cannot bifurcate references to delay adjudication, requiring jurisdictional and substantive objections to be tried together in a single proceeding.

The order. The High Court allowed the petition, quashed the revision order, and directed the Labour Court to decide workman status alongside the remaining issues.

Section 2(s), Industrial Disputes Act, 1947

Case

ANIRUDDH KUMAR DHANIRAM UPADHYAY vs M/S EMERESONS PROCESS MANAGEMENT ( INDIA) LTD.

Citation

Bombay High Court · WP/873/2024 · 2026:BHC-AS:35192 · 27.08.2026

Bench

Sandeep V. Marne

The dispute. Parents of a deceased teenager filed a claim petition following a fatal accident involving a vehicle driven by the owner's son. The insurer denied liability, claiming the driver held a fake licence based on a transport authority communication. The Claims Tribunal awarded compensation to the claimants but granted the insurer recovery rights against the vehicle owner.

The reasoning. An insurer must prove wilful breach and conscious knowledge by the owner to avoid statutory compensation liability. A vehicle owner's duty is discharged where the licence appears genuine on its face, which unexamined secondary reports cannot rebut.

For your practice. Insurers cannot shift liability onto vehicle owners without strictly proving conscious breach through admissible evidence subjected to cross-examination.

The order. The High Court allowed the appeal, enhanced compensation to Rs 8,66,000 with 7.5% annual interest, and fastened sole liability on the insurer.

Section 149(2)(a)(ii), Motor Vehicles Act, 1988

Case

Ram Lal v. Shibi Devi & ors.

Citation

Himachal Pradesh High Court · FAO/24/2021 · 2026:HHC:36557 · 27.08.2026

Bench

Virender Singh

The dispute. Reliance Jute Mills secured an arbitral award against Oriental Insurance for fire damages, granting principal sums alongside specified simple interest and costs. To obtain a stay of execution pending its Section 34 challenge, the insurer deposited Rs 7.16 crore with the High Court Registrar. Following dismissal of the Section 34 petition and release of the deposit, the award holder sought Rs 1.09 crore in further interest in execution.

The reasoning. A conditional deposit made to obtain a stay does not constitute payment and interest continues to accrue until unconditional realisation.

For your practice. Judgment debtors remain liable for continuing interest during execution stays unless deposits are unconditional.

The order. Holding that the Rs 8.76 crore already released fully satisfied the Rs 8.62 crore arbitral liability, the court dismissed the claim for additional interest and disposed of the execution petition.

Arbitration and Conciliation Act, 1996

Case

Reliance Jute Mills (International) Limited v. The Oriental Insurance Company Limited

Citation

Calcutta High Court · EC-COM/594/2025 · 2026:CHC-OS:365 · 27.08.2026

Bench

Gaurang Kanth

The dispute. A developer sought arbitration under a 2024 development agreement for the redevelopment of a Dadar property against the co-owners. The surviving co-owner resisted reference, alleging the agreement was forged while her late husband was aged ninety, bedridden, and unable to read English. The developer approached the High Court under Section 11 for arbitrator appointment.

The reasoning. Independent subsequent records referencing the transaction, including a registered will, establish prima facie existence of the arbitration clause.

For your practice. Corroborating independent transactions defeats threshold forgery objections under Section 11, leaving substantive challenges on validity and non-signatory joinder for the tribunal.

The order. The High Court appointed advocate Ranjeev Carvalho as sole arbitrator, expressly reserving all objections on forgery, validity, and non-signatory jurisdiction for decision by the tribunal.

Section 11, Arbitration and Conciliation Act, 1996

Case

Kiran Narendra Patkar vs Milan Narendra Patkar

Citation

Bombay High Court · CARAPL/23278/2026 · 2026:BHC-OS:19040 · 27.08.2026

Bench

Amit Borkar

The dispute. Authors of two grammar books granted publishing licences in 2001 and 2002 without specifying contractual terms of duration. Decades later, the authors issued termination notices and alleged copyright infringement against the publishers and their distribution partners. The authors filed an interim application in their commercial suit seeking to restrain the defendants from printing, marketing, and selling the books.

The reasoning. Publishing licences lacking an express term expire after five years by operation of Section 19(5) of the Copyright Act.

For your practice. Licensors must specify explicit contractual terms to prevent statutory expiry.

The order. Finding no prima facie infringement or balance of convenience, the High Court dismissed the application for interim injunction without any order as to costs.

Section 19, Copyright Act, 1957

Case

Pares Chandra Das & ors. Versus New Central Book Agency Private Limited & ors.

Citation

Calcutta High Court · IP-COM/11/2024 · 27.08.2026

Bench

Krishna Rao

The dispute. Green Ivy Ventures operated coaching centres across thirty-five branches, collecting itemised fees for tuition, hostel, mess, and study materials. The central tax department demanded service tax on gross receipts and sought penalties under the extended period. The Commissioner confirmed the tax demands across multiple assessment periods, which the coaching institute challenged before the tribunal.

The reasoning. Service tax under Section 67 attaches strictly to tuition fees, as hostel and mess charges lack nexus with coaching services. Sale of study materials constitutes a supply of goods excluded from service tax where accounts are properly segregated.

The demand of service tax on books and study material is not sustainable both before 30.06.2012 and under negative tax regime.

For your practice. Institutes must itemise ancillary charges and secure CA certificates confirming non-availment of input tax credit to resist composite service tax demands.

The order. The tribunal upheld the service tax demand on tuition fees but quashed demands on hostel, mess, and study-material charges. It waived all penalties under Section 80 and rejected the extended limitation period.

Section 67, Finance Act, 1994

Case

Green Ivy Ventures Pvt Ltd. vs Guntur G S T

Citation

Customs Excise and Service Tax Appellate Tribunal · Service Tax Appeal No. 22164 of 2015 · 27.08.2026

Bench

A.K. Jyotishi, Angad Prasad