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Monday, October 19, 2026

High Courts

Judgments of the High Courts with case summaries, newest decisions first.

Night Search Without Warrant Valid If Grounds Recorded and Sent to Superior: Rajasthan High Court Denies NDPS Bail
Rajasthan High Court

The Rajasthan High Court refused bail to a man found with 180 grams of mephedrone during a 10 pm search of a house without a warrant. The SHO had recorded the information and his grounds for not getting a warrant before the search and sent them to his superior, which was prima facie compliance with Section 42 of the NDPS Act (paras 12-15). As commercial quantity was involved, the Section 37 bar applied (para 17).

Rajasthan High Court Refuses to Quash FIR Against Non-Enrolled Man Who Appeared as Advocate, Imposes ₹50,000 Costs
Rajasthan High Court

The Rajasthan High Court refused to quash an FIR against a man accused of appearing before trial courts as an advocate without enrolment, holding that no one may practise or represent himself as an advocate unless enrolled with the State Bar Council under the Advocates Act, 1961 (para 5). It refused his counsel's mid-hearing request to withdraw the petition and dismissed it with costs of Rs 50,000 (paras 2, 6).

Pending Civil Suits No Bar Where Agreement Is Alleged Forged: Rajasthan High Court Refuses to Quash Land FIR
Rajasthan High Court

The Rajasthan High Court refused to quash a forgery and cheating FIR against a man claiming a company's land under an agreement to sell, though civil suits by both sides were pending. The agreement was neither admitted nor shown to have been paid for, and the police had prima facie found it forged, so the dispute could not be called purely civil (paras 11, 16-17).

Rajasthan High Court Directs GA Office to Seek FIR Factual Reports Within 3-7 Days to Speed Bail Hearings
Rajasthan High Court

Noting that calling for case diaries routinely delays bail hearings by 15-20 days, Justice Ravi Chirania of the Rajasthan High Court directed the office of the Government Advocate-cum-Additional Advocate General to call for a factual report on the FIR as soon as a bail application is filed, preferably within 3-7 days (paras 2, 7). Bail pleas in petty and other offences are then to be decided on that report unless the Court needs the case diary (para 7).

Delhi High Court

The Delhi High Court dismissed a writ petition by Sanmati Sabha (Regd.) seeking allotment of a Priyadarshini Vihar plot earmarked for a nursery school and regularisation of the temple built on it (paras 1, 18). Finding no infirmity in the DDA's policy of disposing of all Nazul lands by auction, it held that the temple, built without sanction, "is clearly an illegal structure", and directed the petitioner to remove the idols with respect and ceremonies within four weeks (paras 15-16, 19).

Pleading Title by Adverse Possession Doesn't Make Injunction Suit Declaratory for Court Fee: Rajasthan High Court
Rajasthan High Court

The Rajasthan High Court set aside a civil court's refusal to register a suit for permanent injunction until court fee was paid on market value as a declaratory suit, holding that an assertion in the plaint that title had already accrued by adverse possession does not, at the registration stage, make the suit one for declaration (paras 12-13, 35-36). Threshold scrutiny of court fee cannot become a mini-trial (para 16).

Written Statement May Be Amended to Elaborate Defence After Issues but Before Evidence: Rajasthan High Court
Rajasthan High Court

The Rajasthan High Court upheld a trial court's order allowing a defendant to amend his written statement after issues were framed but before evidence began, holding that the proviso to Order VI Rule 17 CPC is not a mechanical bar and that an amendment elaborating an existing defence, including a maintainability objection, may be allowed where it neither changes the suit nor causes irreparable prejudice (paras 4.2, 4.4, 7.4, 8).

Disciplinary Proceedings Abate on Employee's Death If No Penalty Was Imposed: Rajasthan High Court
Rajasthan High Court

The Rajasthan High Court held that departmental proceedings against a government employee cannot continue after his death when no final penalty was imposed in his lifetime, because they are personal to the delinquent employee (paras 15, 18-19). It quashed a 2022 charge-sheet against a deceased physical training instructor and directed the State to consider his family's claim to service and retiral benefits uninfluenced by it (paras 23-24).

Delhi High Court

The Delhi High Court set aside a school Managing Committee's 2017 order refusing a reinstated teacher any back wages under Rule 121 of the Delhi School Education Rules, 1973, because it had treated an unadjudicated fake-certificate allegation as established (paras 31, 35). As he was not fully exonerated but had been kept out under a termination later set aside, the Court awarded 50% back wages for 16.10.2002 to 14.02.2017, with pay notionally progressed (paras 36-40, 42).

Legitimate Expectation from 2001 Resolution: Bombay High Court Quashes 50-Year Age Cap for Anganwadi Sevikas' Promotion
Bombay High Court

The Bombay High Court's Circuit Bench at Kolhapur quashed the Maharashtra Government Resolution of 03.07.2026 that fixed 50 years as the maximum age for Anganwadi Sevikas seeking appointment as Supervisor (paras 1, 12). Following the Nagpur Bench ruling that struck down an earlier 45-year limit, it held that the 2001 resolution and corrigendum, allowing candidates up to 55, created a legitimate expectation, and ordered a fresh advertisement with the 55-year limit (paras 11-14).

End of MV Act Case Does Not Free Vehicle Facing Mining Confiscation: Rajasthan High Court
Rajasthan High Court

The Rajasthan High Court held that a dumper seized by the police cannot be released merely because the Motor Vehicles Act case against its driver has ended, as confiscation proceedings by the Mining Department are separate (para 9). Following its judgment in Phusaram v. State of Rajasthan, it left the owner free to apply afresh to the Magistrate under Section 503 BNSS, who must first call for the Mining Department's report (paras 7, 12).

Evidence Cannot Supply an Unpleaded Case: Rajasthan High Court Refuses Handwriting Report Where Authorship Was Never Disputed
Rajasthan High Court

The Rajasthan High Court upheld a trial court's refusal to take a handwriting expert's report on record in a suit for specific performance, holding that the defendant had pleaded only that signatures were obtained on a false pretext, not that they were forged, so the report would introduce an unpleaded issue (paras 6.11, 6.14, 8). Evidence can support a pleaded case but cannot supply its foundation (para 6.15).


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