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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) CALCUTTA AIRPORT ENGLISH HIGH SCHOOL (H.S.) AND ANOTHER Vs. UNION OF INDIA AND OTHERS[CALCUTTA HIGH COURT] 16-05-2024
Lease - Petitioner sought to extend their lease with the Airport Authority of India, which was initially set at a token fee following a 1989 court order - The lease expired in 2021, and the authority issued eviction notices after the school could not agree to the new terms - The main issue was whether the Petitioner-school should be evicted and provided alternative accommodation as per the lease agreement and previous court orders - The school argued for an extension of the lease on the original
India Law Library Docid # 2415070

(2) FARMAN ILAHI Vs. SHAHNAWAZ KHAN[ALLAHABAD HIGH COURT] 16-05-2024
Rent and Eviction - The petitioner, who inherited tenancy from his father, was involved in a legal dispute over rent payment and eviction with the respondent. The petitioner's amendment application was rejected in a Small Causes Court suit, which he sought to challenge under Article 227 of the Constitution of India. The respondent opposed the amendment, arguing that the petitioner had already admitted tenancy and the proposed amendment unjustly questioned the respondent's title. The High Court u
India Law Library Docid # 2415071

(3) ABDULLAH Vs. STATE OF UP AND OTHERS[ALLAHABAD HIGH COURT] 16-05-2024
Penal Code, 1860 (IPC) - Sections 363, 366 and 376 - Sections 3 and 4 - Protection of Children from Sexual Offences Act, 2012 - Bail - The main issue is whether Petitioner's bail application should be granted considering the allegations and evidence presented - The petitioner argues for bail, citing the prosecutrix's inconsistent statements and the lack of criminal history - The State opposes bail, emphasizing the gravity of the offences and the age of the prosecutrix - The court has rejected pe
India Law Library Docid # 2415072

(4) RANCHU @ RANSHU @ RAJ BAHADUR Vs. STATE OF U.P. AND 3 OTHERS[ALLAHABAD HIGH COURT] 16-05-2024
Penal Code, 1860 (IPC) - Sections 363, 366, 376(3) and 504 - POCSO Act - Protection of Children from Sexual Offences Act, 2012 - Sections 5 and 6 - Scheduled Castes and Scheduled Tribes Act, 1989 – Section 3(2)5 - Kidnapping and sexual offences against a minor – Bail - The appellant's first bail application was rejected due to the serious nature of the charges and evidence against him, including the prosecutrix's age and the circumstances of the alleged crimes - The defense argued that the prose
India Law Library Docid # 2415073

(5) SURAJ SINGH Vs. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER[ALLAHABAD HIGH COURT] 16-05-2024
Scheduled Castes and Scheduled Tribes Act, 1989 - Sections 14-A(2) and 3(2)(v) - Penal Code, 1860 (IPC) - 364, 366, 376-D, 302, 201, 34, 323, 504, 506 - Appeal against an order denying bail, following co-accused successful bail appeal - The main issue is whether Appellant should be granted bail considering the circumstances and evidence presented, similar to the co-accused - The appellant's counsel argues innocence due to village rivalry, delay in FIR, lack of direct evidence, and coerced witnes
India Law Library Docid # 2415074

(6) ABDUL KARIM Vs. STATE OF ASSAM[GAUHATI HIGH COURT] 16-05-2024
Penal Code, 1860 (IPC) – Section 406 – Criminal Breach of Trust - The petitioner, an Assistant Engineer and later an Executive Engineer, was accused of misappropriating government funds during a sanitation campaign for individual household latrines - The court dismissed the criminal petition, stating that misappropriation of funds was not an official duty and the need for sanction under Section 197 Cr.PC should be considered during the trial - The petitioner claimed to have verified the sites an
India Law Library Docid # 2415060

(7) HARI RAM Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 16-05-2024
Protection of Children from Sexual Offences Act, 2012 - Section 4 - Penetrative sexual assault - Sexually assaulting a 14-year-old mentally impaired girl, who is the daughter of the informant - The appellant, her uncle, was convicted of a murder case involving a victim and an informant - The appellant's counsel argued that the trial court erred in convicting her based on the victim's inherently improbable testimony and the informant's inconsistency - The state supported the trial court's judgmen
India Law Library Docid # 2415061

(8) DR. AMARJEET SINGH BHALLA Vs. SAJAD MOHI-UD-DIN BANDAY[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 16-05-2024
Ranbir Penal Code – Section 500 – Defamation - Petitioner filed a defamation complaint under Section 500 of RPC, arguing that the Baramulla court lacked jurisdiction as the alleged offence did not occur within its territorial limits - The court held that the complaint was without jurisdiction and quashed the order dated 12.12.2018, which took cognizance of the complaint - The court reasoned that the alleged defamatory act committed by the petitioner outside the trial court's jurisdiction did not
India Law Library Docid # 2415062

(9) OWAIS NASEER SHEIKH @ OWAIS Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 16-05-2024
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 - Section 3 - Power to make orders detaining certain persons - The petitioner, a member of a drug trafficking gang, was placed under preventive detention due to narcotic drug trafficking - The detention order was challenged for its validity, as it was passed without considering the petitioner's bail status and the representation filed - The court quashed the detention order, citing non-application of mind by the
India Law Library Docid # 2415063

(10) FAROOQ AHMAD DAR Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND OTHERS[JAMMU AND KASHMIR AND LADAKH HIGH COURT] 16-05-2024
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 - Section 3 - Power to make orders detaining certain persons - A petitioner was detained under a detention order by the Divisional Commissioner, Kashmir, for his involvement in narcotics cases - The petitioner challenged the detention order on grounds of procedural lapses, lack of material provided during execution, and non-consideration of personal hearing requests - The respondent claimed the petitioner was in
India Law Library Docid # 2415064

(11) STATE OF H.P. Vs. HEM RAJ AND OTHERS[HIMACHAL PRADESH HIGH COURT] 16-05-2024
Penal Code, 1860 (IPC) - Section 304-B read with Section 34 - Dowry Death - The case involves the acquittal of respondents accused of an offence under Section 304B of the IPC related to a death due to poisoning - The appeal challenges the Sessions Judge's judgment, arguing that the trial court erred in discarding testimonies of the deceased's relatives - The accused contested the judgment, denying the allegations and asserting innocence - The High Court dismissed the appeal, upholding the trial
India Law Library Docid # 2415065

(12) ARJUN RAI AND OTHERS Vs. STATE OF BIHAR[PATNA HIGH COURT] 16-05-2024
Penal Code, 1860 (IPC) – Sections 376, 511, 342, 506 and 34 - Criminal intimidation - The incident involved an attempt rape and subsequent threats to the victim and her family - The main issue was whether the prosecution proved the charges beyond reasonable doubt - The defence argued inconsistencies in witness testimonies, lack of eyewitnesses, and absence of malice intent to commit the offences - The State maintained that the conviction was based on consistent evidence and sought dismissal of t
India Law Library Docid # 2415066

(13) SANGEETA DEVI AND OTHERS Vs. STATE OF BIHAR[PATNA HIGH COURT] 16-05-2024
Bihar Panchayat Raj Act, 2006 - Section 70(4)(1) - "no confidence" motions against elected officials under the Act, 2006 - The case revolves around the interpretation of the Act concerning whether a "no confidence" motion requires a majority of the total number of directly elected members or just the majority of members present and voting - The primary issue is the correct procedure for carrying out a "no confidence" motion against Adhyaksh or Upadhyaksh of Zila Parishad as per the Act - The Ful
India Law Library Docid # 2415067

(14) BIRENDRA KUMAR @ BIRENDRA RAY AND OTHERS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 16-05-2024
Service Law – Appointment - The writ petitions challenge the appointment process for Assistant Primary Teachers, arguing that they are not eligible for vacant posts based on seniority without further examination - The main issue is the eligibility of those who completed their training after the cut-off date and the State's obligation to appoint trained teachers as per court orders - The petitioners argue for their right to be considered based on seniority and past court decisions, despite comple
India Law Library Docid # 2415068

(15) PT BUKAKA TEKNIK UTAMA Vs. COMMISSIONER OF INCOME TAX (IT), DELHI[DELHI HIGH COURT] 16-05-2024
Direct Tax Vivad se Vishwas Act, 2020 – Sections 2(1)(a)(ii) and 2(1)(j)(B) - Income Tax Act, 1961 - Sections 143(2) and 144C(1) – The case revolves around the petitioner's eligibility for benefits under the DTVSV Act after their appeal was dismissed due to delay - The petitioner argues that the rejection of their Forms 1 and 2 is arbitrary and they are eligible for benefits as the time limit to appeal before ITAT had not expired - The respondent argues that the petitioner is ineligible for bene
India Law Library Docid # 2415047

(16) BRAJESH KUMAR PANNALAL Vs. INDUSIND BANK LIMITED[MADHYA PRADESH HIGH COURT] 16-05-2024
Arbitration and Conciliation Act, 1996 - Section 36 – Civil Proedure Code, 1908 (CPC) - Order 21 Rule 11(2) and Order 21 Rule 58 - Stamp Act, 1899 - Sections 17 and 35 - The petitioner is challenging an order for the recovery of a loan amount awarded by an arbitrator in favor of Indusind Bank Limited - The petitioner argues that the award was void, inadequately stamped, and biased due to the arbitrator's appointment without his consent - The bank argues that the managing director had the power t
India Law Library Docid # 2415048

(17) PRADIP Vs. THE STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT] 16-05-2024
Refund – Amount collected as temporary Non-Agricultural charges - Petitioner sought a refund of Rs 2,57,405/- from the BMC, which was collected as temporary Non-Agricultural charges for an event that was canceled due to police refusal of permission - The main issue was the non-refund of the amount by the Sub-Divisional Officer (SDO), despite other authorities refunding their respective amounts - The petitioner argued that withholding the refund was a violation of Articles 14, 19(1)(g), and 21 of
India Law Library Docid # 2415049

(18) NAMAN SHANKAR UPADHYAY Vs. JYOTI CHOUHAN AND ANOTHER[MADHYA PRADESH HIGH COURT] 16-05-2024
Criminal Procedure Code, 1973 (CrPC) – Section 210 - Procedure to be followed when there is a complaint case and police investigation in respect of the same offence - Penal Code, 1860 (IPC) – Sections 279, 337, 338 and 323 - Rash driving or riding on a public way - A minor, through his mother, filed an application under section 482 of CrPC challenging orders related to a criminal complaint for offences under above said sections of IPC due to an incident involving a scooty driven by respondent no
India Law Library Docid # 2415051

(19) PRADEEP KUMAR VERMA AND ANOTHER Vs. UNION OF INDIA THRU. C.B.I.[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 16-05-2024
Penal Code, 1860 (IPC) - Sections 120-B, 409, 477A - Prevention of Corruption Act, 1988 - Section 13(2) read with 13(1) (c)(d) - The case involves embezzlement of funds by postal employees who were convicted for misappropriating Rs.31,92,772/- - Conviction and sentence - The appellants argued that the prosecution sanction was granted against the rules and claimed they were falsely implicated due to personal animosity and lack of proper investigation - The respondent through C.B.I., contended tha
India Law Library Docid # 2415052

(20) U.P.POWER CORPORATION LIMITED THRU M.D. Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION THRU SECY. AND ANOTHER[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 16-05-2024
Central Electricity Regulatory Commission (Terms and Conditions of Tariff) (First Amendment), Regulations, 2006 - Regulation 5A - Electricity Act, 2003 - Sections 61 and 62(6) – U.P. Power Corporation Limited (UPPCL) filed a writ petition against the Central Electricity Regulatory Commission (CERC) and NTPC Limited, arguing that Regulation 5A of the CERC 2006, which provides a simple interest rate of 6% per annum for tariff adjustments, contradicts Section 62(6) of the Electricity Act, 2003, wh
India Law Library Docid # 2415053