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Latest Cases

(101) SHRI. WILLIAM RICHMOND MARBANIANG Vs. STATE OF MEGHALAYA AND ANOTHER[MEGHALAYA HIGH COURT] 13-05-2024
Arms License Renewal - The petitioner a retired IPS Officer and former Director General of Police, had his arms license renewal rejected due to alleged involvement in a criminal case under Section 302 IPC - The main issue is the refusal to renew the petitioner's arms license based on his involvement in a criminal case, which he denies - The petitioner contends that there is no evidence proving his unfitness to hold the license and that the rejection was done without proper application of mind or
India Law Library Docid # 2414990

(102) NEELAM KUMARI AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS[HIMACHAL PRADESH HIGH COURT] 10-05-2024
Penal Code, 1860 (IPC) - Sections 420 and 120B - Himachal Pradesh Protection of Interests of Depositors (in Financial Establishments) Act, 1999 - Section 5 - Banning of Unregulated Deposit Schemes Act, 2019 - Sections 21 and 23 – Economic Offences - fraudulent investment scheme through websites leading to a huge embezzlement of funds – Anticipatory Bail - The petitioners claim innocence, stating that the investigation is complete, no recovery is pending, and their custodial interrogation is unne
India Law Library Docid # 2414840

(103) STATE OF H.P. AND OTHERS Vs. ASHOK KUMAR THAKUR[HIMACHAL PRADESH HIGH COURT] 10-05-2024
Arbitration and Conciliation Act, 1996 - Section 34 – The case involves a dispute over a road improvement contract awarded to the respondent by the petitioners - The respondent claimed extra payment for additional work due to road conditions, which led to arbitration and a subsequent petition in the High Court - The main issue is whether the award by the learned Arbitrator, which favored the respondent's claims for additional payment, is against the Public Policy of India and thus unsustainable
India Law Library Docid # 2414841

(104) LATADEEN Vs. STATE OF H.P[HIMACHAL PRADESH HIGH COURT] 10-05-2024
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 42(2) – Recovery of 1 Kg 200 grams of charas – The appeal against the trial court's judgment raises questions about the prosecution's credibility, the association of independent witnesses, and the integrity of the recovery process - The appellant argues that the prosecution's case is full of contradictions, questioning the exclusive possession of recovered charas and the date of his arrest - The State supports the trial cour
India Law Library Docid # 2414842

(105) STATE OF RAJASTHAN, THROUGH PP AND OTHERS Vs. INDIRA KUMARI @ TANU AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 10-05-2024
Criminal Law - Principle of Parity - The court clarified that the principle of parity can only be applied if the cases of the accused are identical, and the correct facts and evidence were brought to the notice of the court when granting bail to the co-accused - Simply because a co-accused has been granted bail does not automatically entitle other accused to bail on the same grounds
India Law Library Docid # 2414843

(106) SHISHUPAL SINGH AND OTHERS Vs. STATE OF U.P. AND ANOTHER[ALLAHABAD HIGH COURT] 10-05-2024
Penal Code, 1860 (IPC) - Sections 147, 308, 323, 504 and 506 – Quashing of Proceedings - The protest petition was treated as a complaint case, but the applicants argued that the summoning order was passed without proper consideration and the trial court erred in treating it as such - The state and opposite party argued that the summoning order was not illegal and the trial court correctly summoned the applicants - The High Court set aside the summoning order and remitted the matter back to the t
India Law Library Docid # 2414844

(107) VEDRAM AND ANOTHER Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 10-05-2024
Penal Code, 1860 (IPC) – Sections 304B and 498A – Dowry Death - The main issues are the unnatural death of the deceased within 7 years of marriage, the demand for dowry, and the disposal of the body without informing the police - The prosecution argued that the deceased was harassed for dowry and that her death was unnatural, as supported by witness testimonies - The defence claimed the death was due to illness or that the deceased committed suicide, with contradictions in their statements - The
India Law Library Docid # 2414845

(108) MOHAMMED FAIZAN AND OTHERS Vs. STATE OF U.P. THRU. PRIN.SECY. ADDL. CHIEF SECY. DEPTT. OF APPOINTMENT LKO. AND OTHERS[ALLAHABAD HIGH COURT (LUCKNOW BENCH)] 10-05-2024
Uttar Pradesh Food Safety and Drug Administration Department Analyst (Food & Drug Laboratory) Service Rules, 2017 – Rule 16 – The petitioners, graduates with a Bachelor of Pharmacy degree, are contesting the Preliminary Eligibility Test (PET) 2023 requirement for the post of Junior Analyst (Drug) - They argue that the PET 2023 is arbitrary and violates the Rules, 2017, and the Uttar Pradesh Direct Recruitment to Group C Post Rules, 2015 - The respondents defend the PET 2023, citing the Uttar Pra
India Law Library Docid # 2414846

(109) DATTATRAYA MAHADEV UGALE AND OTHERS Vs. THE STATE OF MAHARASHTRA[BOMBAY HIGH COURT] 10-05-2024
Maharashtra Cooperative Societies Act, 1960 - Section 81(3)(c) and 154 – Auditor – The petitioners, who are agriculturists, challenged an order granting a stay on the audit of a cooperative society - The main issues were whether the order under Section 81(3)(c) of the Act, 1960 is quasi-judicial or administrative, and if it's administrative, whether a revision under Section 154 is maintainable - Petitioner's Arguments - They argued that the order passed under Section 81(3)(c) is merely administr
India Law Library Docid # 2414885

(110) NIKHILESH KESARICHAND JHAVERI AND OTHERS Vs. NEW ERA FABRICS LIMITED AND OTHERS[BOMBAY HIGH COURT] 10-05-2024
Presidency Small Causes Courts Act, 1882 - Section 41 – Civil Procedure Code, 1908 - Order 18 Rule 2 - The case involves a dispute over leasehold rights to property - The Petitioner’s -Jhaveri family, split into two groups, is contesting against Respondent regarding eviction and lease rights - The main issue is whether defendants who are not adversarial to the plaintiffs can be permitted to lead evidence in an eviction suit against other defendants - The petitioners argue that defendants whose i
India Law Library Docid # 2414886

(111) KORES (INDIA) LTD. Vs. ASHISH KUMAR AHOOJA AND OTHERS[BOMBAY HIGH COURT] 10-05-2024
Negotiable Instruments Act, 1881 - Section 138 – The case revolves around Hewlett Packard (HP), Kores (India) Ltd., and Ambitious Marketing, a retailer - Disputes arose over business transactions and reciprocal promises, leading to the issuance of 16 dishonored cheques by Ambitious Marketing to Kores - The main issue is whether there is a legally enforceable debt/liability between the parties - The case examines the roles and relationships between the parties, including the relevance of Memorand
India Law Library Docid # 2414887

(112) SHRI SHRIPAD DWARKANATH GUPTE AND OTHERS Vs. UNION OF INDIA[BOMBAY HIGH COURT] 10-05-2024
Service Law – Promotion - Promotion process of Artisan Staff in the Naval Dockyard Mumbai - The court found that the petitioners' challenge was academic, as the majority of them had already been promoted on a grade-wise basis - The court also noted that there was a significant delay of six years in agitating their grievance, and the petitioners were estopped from challenging the promotion process - The court further held that the Office Memorandum (OM) dated 14th June 2010 and the Operative Inst
India Law Library Docid # 2414888

(113) NEW INDIA INSURANCE COMPANY LTD. Vs. M/S. KLM ENGINEERING COMPANY LTD. AND OTHER[BOMBAY HIGH COURT] 10-05-2024
Transfer of Property Act, 1882 - Sections 111 and 113 - Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 2(e), 4, 7 and 8 – The New India Insurance Company Ltd owns a building called Mayfair Gardens, where Respondent No.1, a sick company, occupied Flat No. on a leave and license basis that expired in 1999 - The applicant demanded possession, citing the expiry of the license and the need for the premises - The primary issue was whether the respondent is an unauthorized o
India Law Library Docid # 2414889

(114) ECHJAY INDUSTRIES PVT LTD. AND OTHERS Vs. RAJENDRA AND OTHERS[BOMBAY HIGH COURT] 10-05-2024
Income Tax Act 1961 - Section 132 - Search and Seizure - The petitioners challenged the authorizations for the search action, claiming they were unconstitutional, ultra vires, invalid, and without jurisdiction - The petitioners argued that the search action lacked reliable information to form a belief under Section 132(1), non-observance of safeguards rendered the search illegal, and there were alternate provisions available to the department - The respondents contended that there was informatio
India Law Library Docid # 2414890

(115) AIRPORTS AUTHORITY OF INDIA WORKERS UNION AND OTHER Vs. THE UNDER SECRETARY, MINISTRY OF LABOUR, GOVT. OF INDIA AND OTHER[BOMBAY HIGH COURT] 10-05-2024
Airport Authority of India (Leave) Regulations 2003 – Petitioner No.2, widowed and appointed on compassionate grounds, remarried and had two children - Her application for maternity leave was rejected due to having more than two surviving children, as per the AAI Leave Regulations 2003 - The petitioner argued that her first child from her previous marriage should not be considered, as it was before her employment with Respondent No.2. She contended that she is entitled to maternity leave for the
India Law Library Docid # 2414891

(116) SADASHIV AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS[BOMBAY HIGH COURT (AURANGABAD BENCH)] 10-05-2024
Civil Procedure Code, 1908 (CPC) - Section 54 - Maharashtra Land Revenue (Partition of Holdings) Rules, 1967 - Rule 7 - Maharashtra Land Revenue Code, 1966 - Section 85 - Partition of estate or separation of share – A sister has been pursuing her right to a share in her parent's property since 1992 - Her partition suit was decreed in 2006, and subsequent appeals were dismissed by 2021 - An execution petition was filed in 2020 - The main issue is the legality of the partition process under Sectio
India Law Library Docid # 2414892

(117) M/S. LASHKARIA HOUSING AND INFRASTRUCTURE PVT. LTD. Vs. SLUM REHABILITATION AUTHORITY AND OTHERS[BOMBAY HIGH COURT] 10-05-2024
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Section 13(2) - Power of Slum Rehabilitation Authority to develop slum Rehabilitation area – The case revolves around the termination of a developer's appointment as the developer for a Slum Rehabilitation Scheme (SRS) in Mumbai - The petitioner, who was appointed after the previous developer was terminated, challenged the order passed by the Apex Grievance Redressal Committee (AGRC) and the Chief Executive Officer of
India Law Library Docid # 2414893

(118) ESHTIYAQ AHMED MUSHTAQ AHMED QURESHI Vs. THE STATE OF MAHARASHTRA AND ANOTHER[BOMBAY HIGH COURT] 10-05-2024
Maharashtra Police Act, 1951 – Sections 57(1)(a)(i) and 60 – The petitioner is challenging the legality of an externment order that exempts him from certain districts for 18 months under section 57(1)(a)(i) of the Act, 1951 - The main issue is whether the order was justified based on a single conviction and if there was sufficient material to believe the petitioner would commit similar offenses again - The petitioner argues that the order violates his fundamental rights and is disproportionate
India Law Library Docid # 2414894

(119) DAYA NAND RISHI Vs. STATE OF BIHAR[PATNA HIGH COURT] 10-05-2024
Penal Code, 1860 (IPC) - Sections 147, 148, 149, 341, 323 and 302 – Murder – Dispute over Land - The main issue was the credibility of the prosecution's story, the inconsistencies in witness testimonies, and the lack of evidence against the appellant - The appellant's counsel argued that the case was fabricated to escape a criminal case against the informant and others for the murder of the appellant's brother - The State contended that the appellant and others assaulted and killed the deceased
India Law Library Docid # 2414895

(120) S.M EHTESHAMUL HASAN REHMANI AND OTHERS Vs. STATE OF BIHAR AND OTHERS[PATNA HIGH COURT] 10-05-2024
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956- Section 26A –Land acquisition for a canal project - Disputes over possession and compensation - The main issue is whether the petitioners can retain possession of the acquired lands, claiming that physical possession was never taken by the State - The appellants argue that they have been in possess
India Law Library Docid # 2414896