Friday, 25 September 2026

The dispute. A mother entangled in an acrimonious matrimonial battle filed a POCSO complaint against her estranged husband. She alleged sexual assault of their nine-year-old daughter shortly after family courts granted custody to the father. The father approached the Supreme Court challenging criminal proceedings and seeking execution of family court custody directions.

The reasoning. Allegations of sexual assault raised by one parent against another during matrimonial custody disputes must be subjected to independent psychological evaluation by child experts before taking coercive steps or effecting an arrest.

For your practice. Provides matrimonial litigators with an immediate shield against retaliatory POCSO FIRs filed to frustrate family court custody decrees.

The order. The Supreme Court quashed the criminal proceedings, confirmed absolute custody with the father, and instituted a court-monitored reintegration schedule.

Section 35, Bharatiya Nagarik Suraksha Sanhita, 2023

Case

R. G. vs E. S.

Citation

Supreme Court of India · C.A. No.-013119-013119 - 2026 · 2026 INSC 1049 · 24.09.2026

Bench

K.V. Viswanathan, Arun Palli

The dispute. Corporate directors were charged with cheating, criminal conspiracy, and forgery in securing lease finance through fabricated invoices and fictitious bank accounts. The documents did not bear their signatures, and no witness alleged that the directors personally created or altered the records. The directors petitioned the High Court in revision against a sessions court order framing substantive forgery and conspiracy charges.

The reasoning. Substantive charges of forgery under Sections 467 and 468 require proof of making or altering a false document within Section 464 IPC.

For your practice. Clarifies the precise evidentiary threshold required to sustain individual forgery charges against corporate executives in institutional financing frauds.

The order. The High Court partly allowed the revision, discharging the directors from substantive forgery charges while sustaining conspiracy and cheating counts.

Section 120B, Indian Penal Code, 1860

Case

RITA SINGH & ors. vs CENTRAL BUREAU OF INVESTIGATION

Citation

Delhi High Court · CRL.M.C.-589/2023 · 2026:DHC:8242 · 24.09.2026

Bench

Madhu Jain

The dispute. A small finance bank filed a cheque dishonour complaint after a loan default, but its retained advocate stated before the magistrate that the matter was resolved. The Lok Adalat recorded the settlement and disposed of the complaint as compounded. The bank filed a writ petition seeking to revive the criminal complaint, pleading lack of express instructions to its advocate.

The reasoning. A litigant is bound by the statements and admissions made by its duly engaged advocate acting under a valid vakalatnama.

For your practice. Affirms the binding authority of counsel appearances in settlement forums and warns institutional lenders against repudiating advocate commitments.

The order. The High Court dismissed the writ petition in limine, affirming the finality of the Lok Adalat compounding award.

Section 138, Negotiable Instruments Act, 1881

Case

EQUITAS SMALL FINANCE BANK LTD vs MRS NIRMALA BAI SHANTHILAL & ors.

Citation

Delhi High Court · W.P.(CRL)-2380/2026 · 2026:DHC:8249 · 24.09.2026

Bench

Saurabh Banerjee

The dispute. Apartment sub-lessees in a luxury condominium initiated arbitration against the developer over unauthorized alterations to common terrace areas and penthouses. The developer raised preliminary objections to arbitral jurisdiction under Section 16 and opposed interim directions. The developer filed an appeal under Section 37 challenging the arbitral tribunal order appointing a surveyor and directing status quo.

The reasoning. An arbitral tribunal possesses jurisdiction to grant preservative interim measures under Section 17 before finally deciding jurisdictional objections under Section 16.

For your practice. Allows commercial arbitration counsel to secure urgent status quo orders protecting disputed assets without waiting for preliminary jurisdictional trials.

The order. The High Court dismissed the appeal and affirmed the arbitral directions appointing an independent surveyor.

Section 17, Arbitration and Conciliation Act, 1996

Case

Forum Projects Private Limited vs Gaurav Karnani & ors.

Citation

Calcutta High Court · APO/11/2026 · 2026:CHC-OS:413 · 24.09.2026

Bench

Gaurang Kanth

The dispute. Lenders initiated fraud classification against a director of an insolvent corporate borrower based on an adverse forensic audit report. The director submitted written explanations after receiving the report and challenged the resultant fraud declaration for breach of natural justice. The director filed a writ petition challenging the consortium bank orders classifying the credit facility as fraud.

The reasoning. The requirement of audi alteram partem mandates furnishing the complete forensic audit report and affording reasonable opportunity to submit written representation before declaring an account fraudulent.

For your practice. Sets the procedural benchmark for corporate borrowers challenging arbitrary bank fraud declarations under the RBI Master Directions.

The order. The High Court dismissed the writ petition, finding that the bank strictly complied with natural justice guidelines.

Clause 8.9.4 and 8.9.5 of the Master Directions on Frauds issued by Reserve Bank of India, 2016

Case

RAKESH NAYYAR vs THE STATE BANK OF INDIA & ors.

Citation

Punjab and Haryana High Court · CWP/20643/2026 · 2026:PHHC:137722-DB · 24.09.2026

Bench

Jasgurpreet Singh Puri, Sanjiv Berry

The dispute. A commercial tenant occupied prime commercial premises for decades, paying monthly rent of nine thousand rupees under an unregistered arrangement. In an eviction suit, the tenant admitted the landlord-tenant relationship and rent remittances while alleging an unproven agreement to sell. The tenant filed a second appeal against concurrent decrees granting possession to the landlady on an Order XII Rule 6 application.

The reasoning. Clear and unequivocal admissions of the landlord-tenant relationship and monthly rent in a written statement entitle the owner to a summary possession decree.

For your practice. Enables property litigators to secure swift eviction decrees under Order XII Rule 6 whenever the tenant admits tenancy and monthly rent payments.

The order. The High Court dismissed the second appeal and upheld the summary decree for possession against the tenant.

Order XII Rule 6 of the Code of Civil Procedure, 1908

Case

M/S RONUK INDUSTRIES LTD vs MANJU KHANNA

Citation

Delhi High Court · RSA-48/2019 · 2026:DHC:8194 · 23.09.2026

Bench

Neena Bansal Krishna

The dispute. A cooperative housing society resolved to construct additional floors and allotted specific flats to existing members against stage-wise construction contributions. The member-allottees filed writ petitions challenging cooperative court orders that upheld the diversion of flats to the building contractor.

The reasoning. Cooperative housing societies hold property for the mutual benefit of members and cannot execute preferential allotments to third-party building contractors to settle construction disputes.

For your practice. Provides cooperative society members with a powerful weapon to overturn illegal board diversions of developmental flats to third-party developers.

The order. The High Court set aside the cooperative court orders, cancelled third-party allotments, and restored flat entitlements to the members upon equitable payments.

Section 9, Maharashtra Co-operative Societies Act, 1960

Case

DR. OMPRAKASH BANKATLAL SONIMINDE AND ANR vs LE CHATEAU CO-OP HSG. SOC. LTD. & ors.

Citation

Bombay High Court · IA/15802/2024 · 2026:BHC-AS:39094 · 24.09.2026

Bench

Sandeep V. Marne

The dispute. The nominee of a deceased vehicle owner claimed accident insurance for a newly purchased vehicle involved in a fatal crash on the day of delivery. The insurer repudiated the claim citing licence defects, but raised permit and registration grounds in consumer proceedings. The insurer appealed to the Uttarakhand SCDRC challenging the district commission order awarding full compensation to the nominee.

The reasoning. An insurance company defending a consumer claim is strictly confined to the specific reasons articulated in its repudiation letter.

We do not find any scope to interfere with the impugned judgment and order passed by the District Commission. The appeal being bereft of merit, is liable to be dismissed.

For your practice. Practitioners must ensure repudiation letters comprehensively cover all intended defences; any omitted ground is waived. They should also verify temporary registration timing and vehicle classification under the Motor Vehicles Act to counter licence-based denials.

The order. The appeal was dismissed. The Commission affirmed the District Commission’s, directing the appellant to pay IDV and Rs. 2 lakh towards personal accident cover, together with interest at 6% per annum from the date of filing the consumer complaint till actual payment. The appellant was held entitled to the salvage of the insured vehicle and could recover the same from the accident spot.

Section 41 of the Consumer Protection Act, 2019

Case

National Insurance Company Ltd. vs Smt. Chander Kala Devi & ors.

Citation

State Consumer Disputes Redressal Commission · SC/5/A/59/2023 · 24.09.2026

Bench

Kumkum Rani, B.S. Manral