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THE BHARATIYA SAKSHYA ADHINIYAM, 2023
THE BHARATIYA NYAYA SANHITA, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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Latest Cases

(1) SAKEER. K, Vs. STATE OF KERALA AND OTHER[KERALA HIGH COURT] 25-04-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22(c) and 29 – Bail - The main issue is the alleged violation of mandatory provisions of the NDPS Act and Rules during the seizure and handling of the contraband - The petitioners claim innocence, alleging false implication and procedural violations by the Detecting Officer, including the mixing of separate contraband packets into one - The prosecution argues that mixing contraband from separate packets is permissible and emphasizes
India Law Library Docid # 2414267

(2) SAJEEV KUMAR M.N. AND OTHERS Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR[KERALA HIGH COURT] 25-04-2024
Penal Code, 1860 (IPC) - Sections 286, 304, 308, 337, 427, 212 read with 34 - Explosive Substances Act 1908 - Section 3(a) - Explosive Act, 1884 - Section 9(B) (1) (b) – Bail - The main issue is whether the accused's further detention is necessary, considering the completion of the investigation and the recoveries effected - The petitioners claim no complicity in the crime, stating they were merely volunteers for a temple festival and have been in jail for 55 days without a final report being fi
India Law Library Docid # 2414268

(3) M/S PUNARNAVA AYURVEDA HOSPITAL PVT. LTD, Vs. THE ARBITRATOR FOR NH - 66 AND DISTRICT COLLECTOR COLLECTORATE[KERALA HIGH COURT] 25-04-2024
Arbitration and Conciliation Act, 1996 - Section 26 - National Highway Act, 1956 - Section 3G - The petitioner is challenging the categorization of their property in the compensation award for land acquired for National Highway widening - The petitioner's property, a dry land with commercial importance near the National Highway, should be categorized under Category I, not Category VI, to determine the compensation amount - The respondents, including the Arbitrator for NH-66 and District Collecto
India Law Library Docid # 2414269

(4) M/S. KESORAM CEMENT, KMNR DIST. Vs. PRL. SECY., ENVIRONMENT AND OTHERS[TELANGANA HIGH COURT] 25-04-2024
Mining Lease – Renewal - Increase permit fee - Petitioner companies with cement plants in Karimnagar District were granted a mining lease in forest land, valid until 17.08.2016, with a renewal for a further ten years - They pay royalty to the State Government for the limestone mined - The petitioners challenge the amendment to Rule 5(5) of the Andhra Pradesh Forest Produce Transit Rules, 1970, which increased the permit fee from Rs.500 per 100 permits to Rs.10 per tonne/cmt for major minerals/mi
India Law Library Docid # 2414270

(5) RISHPAL @ CHHIPAL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 25-04-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 15, 29 and 37–Petitioner, was implicated in a case involving the recovery of 251 kgs of poppy husk from a vehicle – Bail - The co-accused claimed the contraband was procured for him - The main issue is the petitioner's involvement in the NDPS Act offences based on co-accused statements and corroborative evidence like mobile calls/chats - The petitioner argues no contraband was recovered from him and that he's been falsely implica
India Law Library Docid # 2414271

(6) SAHIDUL ISLAM Vs. THE STATE OF WEST BENGAL[CALCUTTA HIGH COURT] 25-04-2024
Penal Code, 1860 (IPC) - Section 376 – Rape – The case involved a love affair and a promise of marriage, followed by physical relations - The appeal challenges the conviction and sentence, questioning the consent obtained under a false promise of marriage and whether it constitutes rape - The appellant argued that there was a consensual relationship based on a promise of marriage - The State contended that the consent was obtained under a misconception of fact, making it invalid, and thus the ac
India Law Library Docid # 2414272

(7) SULTAN MOHIYUDDIN AND OTHERS Vs. SMT HABEEBUNNISSA[KARNATAKA HIGH COURT] 25-04-2024
Mohammadan Law – Property Dispute – ‘T’ executed several settlement deeds in 1965, distributing properties among his heirs - The plaintiffs, daughters from his third wife, filed a suit for partition claiming a share in properties covered by one of these deeds - The main issue is whether the Muslim Personal Law (Shariat) Application Act, 1937, overrides the Karnataka Stamp Act, 1957, specifically regarding the contract of "settlement." - The appellants argued that the transfer through a settlemen
India Law Library Docid # 2414273

(8) MOHAMMED SHOWKATH PASHA Vs. STATE OF KARNATAKA[KARNATAKA HIGH COURT] 25-04-2024
Criminal Procedure Code, 1973 (CrPC) - Section 41-B - Penal Code, 1860 (IPC) - Sections 143, 144, 147, 341, 427, 332, 353, 307, 387, 114 read with 149 – The main issue is whether the petitioners should be granted bail considering the allegations and the stage of the investigation - The petitioners argue non-compliance with Section 41-B of Cr.P.C., claim innocence, and express willingness to comply with court conditions if granted bail - The respondent contends that the petitioners facilitated a
India Law Library Docid # 2414274

(9) DHRUV KUMAR DWIVEDI Vs. RAJBHAN DWIVEDI AND OTHERS[MADHYA PRADESH HIGH COURT] 25-04-2024
Will - Petitioner seeks mutation based on a Will, initially allowed by Naib Tahsildar and Sub-Divisional Officer but set aside by the Commissioner - Whether mutation based on a Will is permissible without a declaration from a civil court - The petitioner argues for setting aside the Commissioner's orders and affirming the orders by the Sub Divisional Officer and Tahsildar - The court refers to previous Supreme Court decisions stating that mutation does not confer title and is only relevant for l
India Law Library Docid # 2414278

(10) SAMARU Vs. THE STATE OF MADHYA PRADESH[MADHYA PRADESH HIGH COURT] 25-04-2024
Penal Code, 1860 (IPC) – Section 451 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(i)(x) - Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view – The appellant is challenging a judgment convicting him under the SC/ST (Prevention of Atrocities) Act and IPC Section 451 - The appeal questions the validity of the caste certificate, the reliability of witnesses, and t
India Law Library Docid # 2414279

(11) VINOD YADAV Vs. THE STATE[DELHI HIGH COURT] 25-04-2024
Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 18, 29 and 37 – Possession of 2.330 Kg of Opium, an intermediate quantity under the NDPS Act, and sought bail after chargesheet was filed - The main issue was whether the contraband recovered from co-accused could be clubbed to treat as commercial quantity, affecting the bail application under Section 37 of the NDPS Act - The applicant argued that he has clean antecedents, is the sole breadwinner, and the contraband is of intermedia
India Law Library Docid # 2414280

(12) ALOK GUPTA AND OTHERS Vs. NIKITA GUPTA[DELHI HIGH COURT] 25-04-2024
Property Dispute - The case involves a dispute over the possession and sale consideration of a property, with the respondent (plaintiff) claiming full payment and possession, while the appellants (defendants) claim the balance consideration was not paid - The main issue is the interpretation of the compromise decree related to the possession of the property and whether it is dispositive of other claims - The appellants argue that all disputes were settled with the compromise decree, and only the
India Law Library Docid # 2414281

(13) MOHD. SADEEQ Vs. STATE OF JAMMU AND KASHMIR THROUGH COMMISSIONER/SECRETARY TO GOVERNMENT AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 25-04-2024
Service Law - Termination - Long absence from duty - Petitioner challenges the rejection of his representations by J&K Industries, which led to the termination of his services without an inquiry or hearing - The main issues are whether the petitioner's writ petition is maintainable given the delay and laches, and whether he is entitled to reinstatement or benefits under the Voluntary Retirement Scheme - Petitioner argues that his termination was unjust as it violated principles of natural justic
India Law Library Docid # 2414256

(14) BHUPINDER KUMAR @ PAPPU Vs. UNION TERRITORY OF JAMMU AND KASHMIR THROUGH ITS COMMISSIONER-CUM-SECRETARY TO THE GOVERNMENT HOME AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 25-04-2024
Jammu and Kashmir Public Safety Act, 1978 - Section 8(4) - Power to make orders detaining certain persons –Appellant detained under the J&K Public Safety Act, challenged the detention order for lack of clarity and violation of rights - The main issues were the non-informing of the right to representation and the mechanical passing of the detention order without proper grounds - The petitioner argued that he was not informed of his right to make a representation and that the detention order was p
India Law Library Docid # 2414257

(15) PARSHOTAM SINGH SLATHIA Vs. HARBANS CHAND KATOCH[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 25-04-2024
Civil Procedure Code, 1908 (CPC) – Order 39 Rule 1(a) - Injunction - Petitioner filed a revision against an order directing him to remove a gate installed in front of the respondent's plot - The petitioner claims ownership of the land in question through a sale deed dated 28.05.1999 - The main issue is whether the gate installed by the petitioner/plaintiff blocks the respondent/defendant's access to his land and whether the interim injunction granted by the trial court was appropriate - The peti
India Law Library Docid # 2414258

(16) PREM SINGH Vs. KRISHNA DEVI D/O CHATTER SINGH AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 25-04-2024
J & K Code of Criminal Procedure Svt., 1989 (1933 A. D.) - Order for maintenance of wives, children and parents – Petitioner, challenges the orders for maintenance in favor of respondent No.1, ‘K’ claiming a prior divorce - The main issue is whether the petitioner should pay maintenance, considering his claim of divorce and the alleged forgery of summons - He asserts that he divorced ‘K’ in 1972, remarried, and that the summons served were forged – ‘K’ claims she is the legal wife, neglected by
India Law Library Docid # 2414259

(17) SHETKARI SAHAKARI SANGH LTD. KOLHAPUR Vs. DILIP SHANKARRAO PATIL[BOMBAY HIGH COURT] 25-04-2024
Maharashtra Rent Control Act, 1999 - Section 3(1)(b) – Exemption - to any premises let or sub-let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or foreign missions, international agencies, multinational companies, and private limited companies and public limited companies having a paid up share capital of more than rupee one crore or more – The case revolves around whether a defendant is a 'corporation' under the Maharashtra Rent
India Law Library Docid # 2414264

(18) AYANA CHARITABLE TRUST (FORMERLY KNOWN AS GOSPEL FOR ASIA), AND OTHER Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 25-04-2024
Kerala Land Reforms Act, 1963 - Section 85(a) - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015 - Rule 10(2)– Certain Persons to file statements – The case revolves around the ownership of 'Cheruvally Estate', which was acquired by Ayana Charitable Trust and is currently under litigation - The government's attempt to acquire the estate for the construction of Sabarimala Greenfield Airport is the main issue - The petitioners ch
India Law Library Docid # 2414265

(19) DR.M.R.SASEENDRANATH Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 25-04-2024
Kerala Veterinary and Animal Sciences University Act, 2010 - Section 9(9) - The Chancellor shall have the power to remove the Vice-Chancellor from office by an order in writing on charges of misappropriation, misconduct, mismanagement of funds or any other good and sufficient reason - The Kerala Veterinary and Animal Sciences University (KVASU) Vice Chancellor was suspended following a student's suicide due to ragging - The petitioner argued that the Chancellor lacks the power to suspend him and
India Law Library Docid # 2414266

(20) THDC INDIA LTD. Vs. M/S PCL-INTERTECH LENHYDRO CONSORTIUM JV[DELHI HIGH COURT] 24-04-2024
Arbitration and Conciliation Act, 1996 - Section 37(1) (c) - Commercial Courts Act, 2015 - Section 13 – THDC India Ltd., a government company, awarded a contract for hydroelectric project construction to PCL Intertech Lenhydro Consortium JV. Disputes arose regarding subletting work and project delays - The main issues revolve around the delay in project completion, subletting of contract work without consent, and the technical absence of a Russian partner from the site - THDC India Ltd. argued t
India Law Library Docid # 2414238