1. Appeal u/s 74 of 2013 land Acquisition Act – Limitation – Condonation of delay -- Section 74 of the 2013 Act does not bar the application of Section 5 of the 1963 Act -- Consequently, all the applications seeking condonation of delay in preferring the first appeals before the High Courts u/s 74 of the 2013 Act stand allowed -- High Courts shall avoid a pedantic approach as against a pragmatic one in dealing with the applications seeking condonation of delay. (SC) Decided on: 09.02.2026

2. Zila Basic Shiksha Adhikari -- Samagra Shiksha Scheme -- Shiksha Pariyojna Parishad -- Continuously for over ten years in a row are deemed to be employed permanently -- A fixed honorarium of Rs.7,000/- per month amounts to ‘Begar’ and unfair practice which is violative of Article 23 of the Constitution – Amount enhanced to Rs.17,000/- per month payable. (SC) Decided on: 04.02.2026

3. Consumer -- Purchase of multiple flats – Leasing out the flat -- Whether commercial activity -- Mere factum of leasing out the flat does not, by itself, demonstrate that the appellants purchased the property with the dominant purpose of engaging in commercial activity. (SC) Decided on: 04.02.2026

4. Custody of child -- Paramount consideration is the welfare of the children but nonetheless there are a host of other factors which weigh before the court while passing the final order of custody -- Host of factors may include the conduct of the parties, their financial capacity, their standard of living, as well as the comfort and education of the children. (SC) Decided on: 04.02.2026

5. Nomination for election to the post of Zila Panchayat Member -- Rejection of nomination -- Judicial interference -- Whether permissible : I. By virtue of the express constitutional embargo contained in Article 243-O of the Constitution of India, the High Court is precluded from exercising jurisdiction under Article 226 of the Constitution where a law enacted by the State Legislature provides for the remedy of an election petition to redress grievances arising during the course of an election. II. The election process cannot be lightly interdicted or stalled at the behest of an individual grievance. The right to contest or question an election being statutory in nature, must be strictly construed and exercised in accordance with the statute governing the field. The High Court must, therefore, eschew the grant of liberal interim reliefs in favour of individuals and instead remain mindful of the overarching public interest in ensuring the smooth and uninterrupted conduct of elections across the State. III. In respect of individual grievances, the ultimate and exclusive remedy lies by way of an election petition. Given the non-obstante nature of Article 243-O of the Constitution, its mandate is required to be adhered to in both letter and spirit. Where the statute provides a complete and efficacious mechanism for redressal, the extraordinary exercise of jurisdiction under Article 226 of the Constitution would defeat the very object for which Article 243-O was enacted as a non-obstante provision. (SC) Decided on: 02.02.2026

6. Preventive detention -- Constitutional and statutory requirements -- Petitioner already on bail in five NDPS cases -- Consideration of bail orders and bail conditions is a mandatory requirement and failure to do so reflects non-application of mind and vitiates the subjective satisfaction of the detaining authority -- No finding as to how the conditions imposed in bail orders by the criminal Courts were inadequate or ineffective to prevent the alleged activities -- Merely describing the petitioner as a “habitual offender” or stating that he is “likely to resume trafficking” is not sufficient in law unless supported by credible and proximate material showing an immediate threat -- Detention order set aside. (P&H HC) Decided on: 30.01.2026

7. Cancellation of Bail – Murder -- Accused not named in the FIR and was arrested subsequently on the basis of the oral dying declaration of the deceased and disclosure statement of the co-accused – Suffered incarceration for about six and a half years when the impugned order was passed by the High Court a year ago -- No allegation that, during this period, accused misused the liberty granted to him -- Considering long pre-trial incarceration of respondent No.2 and the evidence against him, not a case where the discretion of grant of bail exercised by the High Court in favour of respondent No.2 should be interfered. Appeal dismissed. (SC) Decided on: 30.01.2026

8. Retiral benefits – Denial of -- Pension and gratuity are not bounty, but, property and hard earned benefit of the employee – Encashment of earned leave, Unearned leave, Gratuity, constitutes property under Article 300-A of Constitution of India same cannot be withheld without following due process of law -- Third respondent directed to pass appropriate orders with regard to disbursement of admissible benefits viz., General Provident Fund amount, Special Provident Fund, Encashment of Earned Leave and Unearned Leave on Private Affairs to the petitioner within a period of four weeks. (Madras HC) Decided on: 30.01.2026

9. Juvenile – Juvenile/ child in conflict with law – Bail -- Seriousness of the alleged offence or the age of the juvenile are not relevant consideration for denial of bail above 16 years of age -- There is no classification provided in Section 12 of the Act, 2015 with regard to grant of bail -- Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature. (Jharkhand HC) Decided on: 30.01.2026

10. Divorce -- Permanent alimony of Rs. 15,000/- per month -- Obligation of the husband to ensure that the wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support – Post-divorce, the wife is entitled to live a life consistent with the standard of living she was accustomed to during the subsistence of the marriage – Husband has sufficient earning capacity and financial means to pay more than Rs. 15,000/- per month -- On mutual consent amount enhanced to Rs. 30,000/- per month (SC) Decided on: 28.01.2026

11. Cruelty -- Prosecution u/s 498-A should not be initiated in a routine manner and is warranted only where the complaint discloses a coercive dowry demand or life-endangering cruelty, not where the parties are locked in an acrimonious but civilly resolvable conflict over assets or marital breakdown. (P&H HC) Reserved on: 20.01.2026 Decided on: 27.01.2026

12. Murder – Confession statement -- Confession can form a legal basis of a conviction if the Court is satisfied that it was true and was voluntarily made -- Confession allegedly made by the appellants is of no use in bringing home a conviction, especially when there was no corroboration available, of the statements made, from other valid evidence -- Admissions were only that made in the confessional statements, of the death having occurred in the presence of the accused, on the day the deceased was found missing, which is not worthy of acceptance – Conviction set aside. (SC) Decided on: 27.01.2026

13. Cheque bounce complaint – Non-bailable warrants – Anticipatory bail – Maintainability of -- Since the petitioner has been summoned in a bailable offence, therefore, the provisions of Section 482 of BNSS are not attracted -- Petition disposed of -- Petitioner on his surrender before the learned trial Court will be admitted to bail subject to the conditions being imposed upon him by the learned trial Court. (P&H HC) Decided on: 23.01.2026

14. Cheque bounce complaint -- Proclaimed person – FIR u/s 174A IPC/ 209 BNS – Quashing -- When the petitioner came to know about the fact he surrendered before the learned trial Court and got the benefit of bail in the case -- Complaint has already been disposed of -- Once the main case stands decided, the FIR u/s 209 BNS (Section 174-A) amounts to abuse of process of law and deserves to be quashed – FIR quashed. (P&H HC) Decided on: 23.01.2026

15. Compensation in motor vehicle accident case – Interest -- Assessment of income – Deceased is salaried employee/ agriculturist also -- Salary of one skilled labourer added for agricultural income loss in his salary to assess dependency -- Deceased 31 years old was working as a Cluster officer in a Pvt Ltd company -- PW 1 (wife of the deceased) deposed that the deceased was drawing a gross salary of Rs.29447/- per month -- Attested photocopies of jamabandi for year 2016-17 Ex.C-10 were produced on record and income tax return for assessment year 2019-20 (Ex.C-6) was also placed on record which showed the agricultural income to be Rs1,25,000/- -- CW-4 from Income Tax Department proved the attested copy of ITR (Ex.C-6) -- Skilled person is required for the supervising and cultivation of the Agriculture land of the deceased -- Minimum wages applicable to skilled workers in Punjab during the relevant period is Rs 11219.18/- which reasonably rounded off as Rs.11,220/- -- Monthly income of the Deceased should be assessed as Rs. 40667/- (by adding Rs.11,220/- into his gross salary) – After adding 50% for future prospects and multiplier of 16, loss of Estate, funeral expenses and consortium total compensation assessed at Rs.78,92,764/- -- Enhanced amount payable with interest @ 9% (excluding the period of delay of 57 days in filing the appeal) to be deposited with the Tribunal within a period of two months. (P&H HC) Reserved on: 16.01.2025 Decided on: 23.01.2026

16. NDPS – Appeal against conviction – Suspension of sentence -- Judicial Magistrate who issued the certificate u/s 52-A was not made a witness -- Gazetted Officer was not produced during trial -- As the prosecution is unable to show that the said 80 packets seized by them during raid were properly classified weighed and sampled and as the said drugs appear to have been mixed up without the order of the competent authority -- Rigors of Section 37 of NDPS Act cannot stand in the way in view of such materials on record in favour of the appellants – Sentence suspended. (Calcutta HC) Reserved on: 05.01.2026 Decided on: 22.01.2026

17. Cheque bounce complaint – Quashing – Cheque from Joint account -- In the complaint there is no specific allegation that the petitioner was signatory to the cheque or that she had been instrumental or responsible for the day to day business of the firm on whose behalf the cheques were issued by the husband of the petitioner -- Taking into consideration the fact that the respondent has failed to aver and lead preliminary evidence qua the fact that the petitioner was in any way responsible for the day to day affairs of the company, on whose behalf the cheques were issued or that she had signed the same, order for her summoning to face trial for the commission of offence punishable u/s 138 of NI Act is perverse and deserves to be quashed -- Impugned order quashed, qua petitioner. (P&H HC) Decided on: 22.01.2026

18. Compensation in motor vehicle accident case – Interest -- Notional income of the deceased taken at Rs.2100 per month -- Deceased being about 40 years of age after adding 40% as future prospects, the annual income works out to be Rs.35,280/- -- There being three claimants, 1/3rd deduction made for self-expenses -- Annual loss of dependency comes to Rs.23,500/-. -- Applicable multiplier will be 15, having regard to the age of the deceased and so compensation works to be Rs.3,52,800/- -- Accident in 1996, an amount of Rs.10,000/- each i.e. Rs.30,000/- awarded towards loss of consortium/parental consortium -- Whereas, Rs.5,000/- each is awarded under the heads of loss of estate and funeral expenses -- Total compensation works out to be Rs.3,92,800/- -- Enhanced compensation of Rs.1,48,800/- payable along with interest @ 7.5% per month from the date of filing of the petition till its realisation. (P&H HC) Decided on: 22.01.2026

19. Suit for specific performance -- Respondent-defendant duly placed reliance on Ex.D2, suit which was filed by brother of appellant-plaintiff for recovery of Rs.6,100/-, which goes to show that respondent-defendant had borrowed Rs.4,000/- from brother and executed a pronote and receipt -- It is highly improbable that respondent-defendant would have agreed to sell his property and receive just Rs.5000/- as earnest money and by different transaction on same day, he would go for loan from the brother of appellant-plaintiff -- Evidence points out that agreement to sell was got executed from respondent-defendant by way of misrepresentation by representing it as pronote taking benefit of illiteracy of respondent-defendant – Suit and first appeal dismissed – Second appeal also dismissed. (P&H HC) Decided on: 22.01.2026

20. Cybercrime complaint – Freezing of Bank Account – Permissibility of -- Writ petition disposed of with a direction to the respondent-Bank to keep the disputed amount (the amount which was transferred illegally in the bank account of the petitioner) frozen and allow the petitioner to make transactions from his bank account from the remaining balance – The bank directed to send a communication to the concerned Investigating Officer/ Police, to indicate the amount to be earmarked for lien -- In case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/ Police within the stipulated period, then Bank directed to de-freeze the bank account of petitioner. (Raj. HC) Decided on: 21.01.2026

21. Conviction in cheque bounce complaint – Appeal – Suspension of sentence – Jump of bail -- Due to non-appearance of the petitioner before the learned Appellate Court, his bail order was cancelled -- Warrant of arrest issued -- Reason for his absence is that his father was seriously ill and got hospitalized on the same day -- Petition disposed of, impugned order set aside subject to payment of costs of Rs.10,000/-. (P&H HC) Decided on: 21.01.2026

22. Acquisition of land by NHAI -- Alteration of award in Execution petition – Permissibility of -- Award passed by the Arbitrator clearly reveals that a specific finding was given by the Arbitrator stating that one marla was equivalent to 207 sq. ft. -- Said finding has been given in bold in the award hence it is not a case where the same could have been missed by either of the parties -- It does not now lie in the mouth of judgment debtors i.e. petitioners herein to say that one marla is equivalent to 272 sq. ft. (P&H HC) Decided on: 21.01.2026

23. Dismissal of application u/s 311 CR.P.C/ 348 BNSS – Maintainability of revision -- Ordinarily revision not maintainable being an interlocutory order – What is explicitly barred, cannot be granted backdoor entry by invoking inherent powers -- But this bar on the inherent powers is subject to a rider, whereby the High Court must examine if any gross injustice has been done -- If interlocutory order caused gross injustice, it would not only be justified for the High Court, but also it would be a duty of the High Court to invoke inherent powers and prevent injustice. (Delhi HC) Decided on: 21.01.2026

24. Compensation in motor vehicle accident case – Father as dependent -- In a case of aged father, it cannot be held that he was not dependent upon deceased accordingly, father is to be taken as dependent of deceased. (P&H HC) Decided on: 20.01.2026

25. Order 9 Rule 13, Order 21 Rule 26 -- Execution of ex-parte decree – Application for stay of execution declined -- Application under Order IX Rule 13 of the CPC pending consideration -- Application for setting aside ex parte as well as the execution application is to be heard by the same Court and same Presiding Judge – Revision petition disposed of with the direction to learned Civil Judge (Junior Division) to decide the application moved by the petitioner under Order IX Rule 13 of the CPC within a period of two months and then proceed further with execution proceedings. (P&H HC) Decided on: 20.01.2026

26. Rejection of plaint -- Suit for restraining the defendant-respondent from demolishing or taking any coercive action against the property of the plaintiff-appellant – Remedy available with the plaintiff-appellant is to prefer an appeal before the Commissioner -- Jurisdiction of the Civil Court is specifically barred u/s 408C of the Haryana Municipal Corporation Act, 1994 -- Once the challenge is to the demolition order qua which efficacious remedy is available to the plaintiff-appellant, he ought to have resorted to the same rather than filing the present suit – Rejection of plaint by Trial Court, upheld in appeal – No question of law much less substantial question of law arises – Appeal dismissed. (P&H HC) Decided on: 20.01.2026

27. Divorce petition through attorney – Transfer of petition -- Tarantaran to Gurdaspur -- Balancing of convenience/ inconvenience of the parties is required to be done -- Amicable settlement, earlier reached forms the basis of the complaint u/s 138 of the NI Act, which is still pending in the Courts at Gurdaspur -- 7 years old child is in the care and custody of the applicant, who herself is not having any source of earning -- Respondent is residing at Malaysia -- Convenience of his attorney-holder cannot be placed, above the convenience of the applicant – Petition transferred from Tarn Taran to Gurdaspur. (P&H HC) Decided on: 19.01.2026

28. Compensation in motor vehicle accident case – No fault in DDR – Effect of -- Contention raised by the appellant–Insurance Company regarding the effect of the Daily Diary Report (DDR), wherein it was mentioned that no one was at fault, is concerned, the same does not hold any merit in the eyes of law -- The learned Tribunal has rightly and correctly observed that the contents of the DDR are not conclusive so as to dislodge the otherwise cogent oral and documentary evidence adduced before it. (P&H HC) Reserved on: 12.11.2025 Decided on: 19.01.2026

29. Corruption case u/s 7, 7A of PC Act -- Demand of illegal gratification – Enquiry / Investigation -- Approval from Government – Requirement of -- Section 17-A talks about enquiry or inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties -- Section 17-A by any stretch of imagination cannot be applied to cases of demand of illegal gratification – Benefit of Section 17-A of the PC Act, 1988 rejected. (SC) Decided on: 19.01.2026

30. Freezing of bank accounts – Permissibility of -- Section 106 of the BNSS empowers the police only to seize property for evidentiary purposes and does not confer any authority to attach or debit-freeze bank accounts -- Attachment or freezing of bank accounts, being measures directed at securing alleged proceeds of crime, can be undertaken only u/s 107 of the BNSS and strictly upon orders of a competent Magistrate, after following the prescribed procedural safeguards. (Delhi HC) Decided on: 16.01.2026

31. Service matter -- Disproportionate punishment -- If punishment is disproportionate to alleged offence, it is violative of Article 14 of the Constitution of India. (P&H HC) Decided on: 14.01.2026

32. Maintenance to wife u/s 125 Cr.P.C. – Earlier the petitioner was drawing a salary of Rs. 18,000/- per month but now she claims to be earning only Rs. 12,200/- per month, which appears highly improbable -- This conduct clearly reflects an attempt to abuse the process of law merely to keep the respondent-husband entangled in continuous litigation and to extract money at her own convenience by misusing the judicial process. (P&H HC) Decided on: 13.01.2026

33. Dishonour of cheque – Proclaimed person -- Original complaint withdrawn -- Quashing of FIR u/s 17A IPC – -- Since the original complaint related to the dishonoured cheque has been withdrawn, no useful purpose would be served by continuing the proceedings u/s 174-A IPC against the petitioner – FIR quashed. (P&H HC) Decided on: 13.01.2026

34. Compensation in motor vehicle accident case – Permanent disability of 10% – Functional disability -- Future loss of income – A malunited fracture of the foot -- Permanent physical disability is not synonymous with loss of earning capacity -- Appellant unable to demonstrate that the 10% permanent disability of the foot has translated into any functional disability so as to impair the claimant’s earning capacity as a Manager – Rs.1,71,000/- has been awarded towards permanent disability by the Ld. Tribunal -- Assessment does not suffer from any perversity or misapplication of law warranting interference in appellate jurisdiction. (P&H HC) Decided on: 12.01.2026

35. Election of Panchayat -- Term of Panchayat to expire on 31.01.2026 – Deemed dissolution after 5 years -- On expiry of duration Panchayati Raj Institutions shall be deemed to have been dissolved -- Reconstitution of Panchayat shall be completed before expiry of period of 6 months from the date of dissolution -- Rule is to conduct election/ reconstitution of Panchayati Raj Institutions before expiry of tenure of 5 years and the reconstitution of Gram Panchayat after expiry of duration, but within six months thereafter, is an exception -- It cannot be claimed as a matter of right, by the Government to decide to reconstitute the Panchayat after the expiry of duration, but within six months thereafter -- Claim of the respondent-State that it has a right and authority to defer reconstitution of election for one or other reason within six months after expiry of duration, is not legal, justified, and sustainable – Election of Panchayati Raj Institutions cannot be deferred on account of pendency of creation or re-organization of Panchayats as well as Urban Local Bodies in small pockets, in two or three Districts -- Connectivity problem can also not be a reason to defer the election in entire State -- Election directed to be conducted on or before 30.04.2026. (H.P. HC) Reserved on : 07.01.2026 Decided on : 09.01.2026

36. Culpable homicide not amounting to murder – 80 year old age of accused – Sentenced to already undergone -- Appellant was arrested on 19.12.1992, High Court granted bail to him on 05.08.1998 – Supreme Court granted bail to the appellant on 05.08.2011 -- Appellant underwent total period of incarceration of the appellant comes to six years and three months -- Appellant is more than 80 years of age at present -- Held, the appellant is an old and aged person, and in the December of his life, it would be harsh and inadvisable to send him behind the bars again at this stage -- Courts are not supposed to be insensitive -- In view of the advanced age of the appellant and considering the totality of the facts and circumstances, while upholding the conviction of the appellant u/s 304, Part II, IPC, the sentence of the appellant is reduced to what is already undergone. (SC) Decided on: 09.01.2026

37. Conviction in cheque bounce complaint – Appeal -- Suspension of sentence – Condition of deposit of 20% of compensation – Appellate court suspended the sentence of petitioner, subject to his depositing 20% of the compensation amount with the trial Court -- Appellate Court was firstly required to consider as to whether the instant case falls within the exceptions warranting grant of suspension of sentence without imposing condition of deposit of 20% of compensation amount/fine – Matter remanded back for deciding the same afresh after re-examining the case by granting an opportunity to the petitioner to make submissions regarding exceptional circumstances warranting waiver of requirement of depositing 20% of the compensation. Jamboo Bhandari’s case (2024) 1 SCC (Cri) 90 = (2023) Law Today Live Doc. Id. 18509. (P&H HC) Decided on: 09.01.2026

38. Cheque bounce complaint -- There shall be no requirement to issue summons to the accused in terms of Section 223 of BNSS i.e. at the pre-cognizance stage -- Trial Court proceeded to issue notice to accused at the pre-cognizance stage in purported adherence to the first proviso to sub-section [1] of Section 223, BNSS – Impugned Order passed by the Trial Court set aside and quashed to the afore-stated extent -- Learned Trial Court directed to take a fresh decision on the matter of cognizance and issuance of process to the accused persons. Sanjabij Tari’s case 2025 INSC 1158 = (2025) Law Today Live Doc. Id. 20758 relied. (Gauhati HC) Decided on: 09.01.2026

39. Inherent powers of High Court – Quashing of FIR/ Complaint -- High Court must avoid usurping the function of a Trial Court or conducting a mini trial when disputed factual questions attend the maintainability of a complaint -- Power to quash criminal proceedings must be exercised sparingly, and only where the complaint, even if accepted in full, discloses no offence or continuation would amount to abuse of process of law -- Though the powers u/s 482 of the Cr.PC are very wide, its conferment requires the High Court to be more cautious and diligent -- While examining any complaint or FIR, the High Court exercising its power under this provision cannot go embarking upon the genuineness of the allegations made -- Court must only consider whether there exists any sufficient material to proceed against the accused or not. (SC) Decided on: 08.01.2026

40. Suit for specific performance – Amendment in prayer clause to seek refund of earnest money at Appellate Stage – Limitation taken as ground – Ld. Appellate Court allowed the amendment -- Held, as per provisions of Section 22 (1) and (2) of Specific Relief Act, 1963, the application for amendment of the plaint seeking a relief regarding the refund of earnest money or deposit made has to be allowed at any stage of the proceedings -- In original plaint, plaintiff has specifically sought the decree for recovery of Rs.20,00,000/- double the amount of earnest money in the alternative though inadvertently, the same could not be sought in the prayer clause -- No illegality or perversity committed by learned First Appellate Court -- Revision petition dismissed. (P&H HC) Decided on: 08.01.2026

41. Quashing of FIR -- Inherent power u./s 482 of Cr.P.C. -- Nature of -- High Court must avoid usurping the function of a trial court or conducting a mini-trial when disputed factual questions attend the maintainability of a complaint -- While examining any FIR, the High Court exercising its power under this provision cannot go embarking upon the genuineness of the allegations made -- High Court must only consider whether there exists any sufficient material to proceed against the accused or not and must not be concerned with the reliability, sufficiency, or acceptability of the evidence. (SC) Decided on: 08.01.2026

42. Settlement in cheque bounce complaint – Proclaimed person -- Offence u/s Section 174A IPC – Quashing -- Original offence u/s 138 of NI Act, alleged to have been committed in the year 2019 -- Subject matter of the original offence settled amicably between the parties and the criminal complaint withdrawn -- Impugned FIR u/s 174A IPC, as also all proceedings emanating therefrom quashed. (P&H HC) Decided on: 08.01.2026

43. Compensation in motor vehicle accident case -- No income proof – Accident occurred on 11.06.2016 – Tribunal assessed income @ Rs. 9,258/- per month considering deceased as an unskilled labourer -- Minimum wages can be yardstick but not absolute, some guess work also required -- Deceased 30 years of age at the time of accident -- Social status of the deceased needs to be kept in mind -- A person working as electrician who had acquired his requisite technical qualification from ITI, Hisar would have a reasonable and steady source of income, sufficient to maintain himself and contribute to his family -- Monthly income of the deceased assessed at (Rs. 400 x 30) Rs. 12,000 per month. (P&H HC) Reserved on: 12.11.2025 Decided on: 08.01.2026

44. Fee waiver to disabled student -- 5% quota earmarked for persons with disabilities has already been filled, and the fee waiver has been pre-approved, only in respect of those candidates – Held, when the intention of the State is to provide fee waiver to persons with disabilities, its implementation cannot be clubbed with reservation -- Persons with disabilities require both reservation and welfare measures so as to provide them with equal opportunities to complete their education along with other candidates -- Petitioner held eligible for the waiver of fees. (Madras HC) Decided on: 08.01.2026

45. Maintenance to wife/ chid – Education of wife will not come in way to claim maintenance – No evidence to establish that the revisionist No.1/ wife is presently employed or earning -- Mere fact that she is a post graduate and has done ITI Diploma in tailoring by itself cannot lead to the conclusion that revisionist No.1/wife is working for gain -- Revisionist No.1/ wife staying at her parental home and taking care of her child without any financial or emotional support from the opposite party No.2/husband -- Complete responsibility of meeting the daily need, education and medical expenses of a minor child lies upon both the parents -- Held that both the revisionist No.1/ wife as well as the minor son are equally entitled to maintenance from the opposite party No.2 and he is legally liable to maintain both his wife and minor son – Matter remanded back to the learned Family Judge for fresh determination of maintenance. (All. H.C.) Decided on: 08.01.2026

46. Criminal appeal against conviction – Dismissed in default – Permissibility of -- Dismissal of Criminal Appeal in default on account of absence of learned counsel for the appellant is contrary to law and is not in consonance with Section 425 of the B.N.S.S. (corresponding to Section 384 Cr.P.C.) -- Criminal Appeal restored to its original number. (All. H.C.) Decided on: 08.01.2026

47. Heavy Earth Moving Machinery -- Special services vehicles -- Construction equipment vehicles such as Dumpers, Loaders, Excavators, Surface Miners, Dozers, Drills, Rock Breakers etc. -- Vehicles of special types, precisely construction equipment vehicles which are suitable and are meant for use for operation and use within the industrial area/ factory premises/ defined enclosed premises and are not meant for use on roads or public roads -- They are off-road equipments and as such stand excluded not only from the purview of the “motor vehicle” as defined under Section 2 (28) of the Act but also from tax as Entry 57 of List II of the Seventh Schedule of the Constitution only authorizes taxation of vehicles suitable for use on roads only -- They are not even chargeable to road tax in view of Schedule I to Section 3 (1) of the Gujarat Tax Act which do not prescribes any tax for such kind of vehicles i.e., construction equipment vehicles. -- However, if any such kind of vehicles are found using roads, they would not be free from the rigors of Section 2 (28) of the Act and Section 3 of the Gujarat Tax Act and may also be subject to proceedings for seizure and penalty in accordance with the law. (SC) Decided on: 08.01.2026

48. Murder – Summoning of additional accused u/s 319 Cr.P.C. – Regular bail – Cancellation of anticipatory bail – Three accused summoned, two are on anticipatory bail -- While considering bail, Court should weigh factors like the nature of the offence, the quality of the evidence against the new accused and the likelihood of the person absconding or tampering with evidence -- Court must be satisfied that there is strong and cogent evidence of the person’s complicity at the threshold i.e. much higher than that required for framing charges against the original accused -- Other two co-accused appearing before the trial court on all dates – No case made out for cancellation of anticipatory bail of two accused – Bail allowed to third accused. (SC) Decided on: 07.01.2026

49. Summoning of additional accused -- While invoking power under Section 319 Cr.P.C. trial court should consider the statements of the witnesses adduced before it and it should not place reliance upon the material available in the charge-sheet or the case diary. (All. H.C.) Decided on: 07.01.2026

50. Compensation in motor vehicle accident case -- Application filed u/s 163A of the MV Act, however, the compensation claimed was Rs.7,40,000/- and the averments itself indicates that the accident occurred because of the rash and negligent manner in which the bus of the Corporation was being driven – Held, though Section 163A of the MV Act was mentioned in the application, the claim is held to field u/s 166 of the MV Act. (SC) Decided on: 06.01.2026