(161) SRI DIPAK GOGOI S/O RUDRESWAR GOGOI Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 09-05-2024 Penal Code, 1860 (IPC) – Sections 302, 34 and 376(2)(g) - The main issue is whether the evidence on record establishes a complete chain of circumstances against the appellants to justify their conviction and sentence - The appellants challenged the sufficiency of evidence linking them to the crime, particularly questioning the 'last seen theory' and the absence of eyewitnesses - The State supported the conviction and sentence, arguing that the circumstantial evidence was consistent with the appe India Law Library Docid # 2414919
(162) M/S AKSHYA TECHNOLOGIES PVT. LTD. AND ANOTHER Vs. M/S DAMODAR VALLEY CORPORATION[JHARKHAND HIGH COURT] 09-05-2024 Commercial Courts Act, 2015 – Sections 13, 13-IA and 14 – The appeal challenges a decree for Rs. 6,25,62,978/- passed against appellants by the Commercial Court, Dhanbad - The appeal is barred by a limitation of 236 days, and an interlocutory application seeks to condone this delay - The court found that the appeal was barred by limitation and the reasons given for condoning the delay were insufficient - The court referred to the judgment of the Hon'ble Apex Court in Government of Maharashtra (W India Law Library Docid # 2414933
(163) THE STATE OF JHARKHAND AND OTHERS Vs. POONAM PANDEY[JHARKHAND HIGH COURT] 09-05-2024 Condonation of Delay - The High Court of Jharkhand has dismissed an intra-court appeal filed by the State of Jharkhand against an order passed by the Single Judge of the same court - The appeal was filed after a delay of 188 days, and the State sought to condone the delay by citing the movement of the file from one department to another - However, the court held that the explanation provided was not sufficient cause to condone the delay and dismissed the delay condonation application - Consequen India Law Library Docid # 2414934
(164) COAL INDIA LIMITED AND OTHERS Vs. M. MASROOR KARIM[JHARKHAND HIGH COURT] 09-05-2024 Service Law – Upgradation - The case revolves around the upgradation of an E-1 Grade for a two-year Automobile Engineering graduate, who was denied promotion despite his juniors receiving it - The main issue is whether the respondent is entitled to the promotion, as he holds a two-year diploma, contrary to the mandatory three-year diploma requirement - The petitioner argues that he was appointed and promoted based on his two-year diploma, while the respondents argue that a three-year diploma is India Law Library Docid # 2414935
(165) SRI AMITAV THAKUR @ AMITABH AND ANOTHER Vs. DUKHISHYAM HOTTA[ORISSA HIGH COURT] 09-05-2024 Orissa Revised Scales of Pay (ORSP) Rules, 1998 - Rule 14 – The respondent, initially a Junior Store Keeper, was redeployed as a Junior Clerk after Gopalpur Port privatization and claimed entitlement to 2nd ACP and RACP benefits after 25 years of service without promotion - The main issue was whether the respondent was entitled to financial upgradation under the ORSP Rules, 1998, and the Finance Department's resolution dated 06.02.2013 - The appellants argued that the respondent's claim was not India Law Library Docid # 2414942
(166) PRADEEP KUMAR PANDA Vs. UNION OF INDIA AND OTHERS[ORISSA HIGH COURT] 09-05-2024 Administrative Tribunals Act, 1985 – Section 20 – The petitioner challenged the validity of his medical de-categorization and reassignment to a lower grade post in the Indian Railways - The main issue was the re-screening process leading to his reassignment and whether the Central Administrative Tribunal was right in dismissing his application as premature - The petitioner argued that the re-screening process was conducted without proper hearing, violating natural justice principles, and that th India Law Library Docid # 2414943
(167) MANAS RANJAN TRIPATHY Vs. NISER AND OTHERS[ORISSA HIGH COURT] 09-05-2024 Service Law – Recruitment Process - The petitioner challenged the recruitment process for the Assistant (Hindi) post at NISER, claiming he was assured consideration for a previously advertised Junior Hindi Translator post - The main issue was whether the petitioner's assurance of consideration for the post was honoured - The court directed NISER to consider the petitioner for the Assistant (Hindi) post as advertised on 31.03.2012, granting him age relaxation - The court found that the petitioner India Law Library Docid # 2414944
(168) MADHUSMITA DUTTA Vs. STATE OF ORISSA AND OTHERS[ORISSA HIGH COURT] 09-05-2024 Service Law – Termination - Reinstatement - Petitioner a lecturer, was terminated in 1995 due to illegal termination and was reinstated in 2006 - She seeks regularization of her service and financial benefits for the period of termination - The court ruled in favor of the petitioner, stating her services during the termination period should be regularized with all consequential benefits - The court found no valid reason for the delay in reinstating the petitioner and presumed she was not gainful India Law Library Docid # 2414945
(169) SMT. KASTURI DAS Vs. ORISSA UNIVERSITY OF AGRICULTURE & TECHNOLOGY AND OTHERS[ORISSA HIGH COURT] 09-05-2024 Orissa University of Agriculture and Technology Employees’ (Conditions of Service) Statute, 1989 (OUAT) - Clause 16(1) – Petitioner a lecturer and associate professor at Orissa University of Agriculture and Technology, sought payment for the balance of Death-Cum-Retirement Gratuity with interest after 38 years of service - The delay in gratuity payment was argued to be due to administrative lapses, allowing her to claim statutory interest under the Orissa Civil Services (Pension) Rules, 1992 - T India Law Library Docid # 2414946
(170) DARGA OF JAMAL SHAH, GAVARAVARAM OF SANIVARAPUPETA PANCHAYAT Vs. C.RANGARAO, S/O VENKATASWAMY, BUSINESSMAN AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-05-2024 Waqf Act 1995 - Section 107 - Limitation Act, 1963 not to apply for recovery of Waqf properties - The case revolves around a dispute over property claimed as Waqf by Darga of Jamal Shah, who alleged it was sold without proper authority - The main issues revolve around the possession of the property, whether it is Waqf property, the jurisdiction of the court, and if the suit is barred by limitation - The plaintiff argues that the property is Waqf and was sold illegally by Muthawallis, and the sui India Law Library Docid # 2414864
(171) K.JAIRAM NAIDU Vs. STATE[ANDHRA PRADESH HIGH COURT] 09-05-2024 Penal Code, 1860 (IPC) - Sections 341, 323, 324, 307 r/w 34 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r), 3(1)(s), and 3(2)(v) – The court has ruled in favor of the petitioner in a case involving an assault on an ST caste person by the petitioner and his associates - The court ruled that the allegations were politically motivated and there was no direct evidence of his involvement - The prosecution argued that releasing the petitioner could hinder India Law Library Docid # 2414865
(172) DR KURRI SHIVA NAGI REDDY Vs. M T KRISHNA BABU IAS AND OTHERS[ANDHRA PRADESH HIGH COURT] 09-05-2024 Contempt of Courts Act, 1971 - Sections 10, 11 and 12 - A.P.Civil Servies (Classification Control and Appeal) Rules, 1991 - Section 8 – Petitioner filed a contempt case for non - absorption into Vidhana Parishad despite a court order - The main issue is whether the respondents willfully disobeyed the court's order to absorb the petitioner - The petitioner argued that he submitted his option in time and was eligible for absorption, contrary to the respondents' claims - The respondents contended t India Law Library Docid # 2414866
(173) DR. DIBYAJYOTI MAHANTA Vs. KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY AND OTHERS[GAUHATI HIGH COURT] 09-05-2024 Krishna Kanta Handiqui State Open University Act, 2005 (KKHSOU) – Sections 3, 22 and 23(1)(d) – Petitioner challenges the notice issued by KKHSOU regarding the end of his tenure as Dean (Study Center) upon reaching the age of 60 - The appellant's case revolves around whether he has the right to continue beyond the age of 60 until he completes his fixed tenure of 5 years - The appellant argues that the retirement age condition in the appointment order is contrary to the statute and rules governin India Law Library Docid # 2414867
(174) ASHIRBAD HAZARIKA Vs. THE STATE OF ASSAM AND ANOTHER[GAUHATI HIGH COURT] 09-05-2024 Penal Code, 1860 (IPC) - Section 120(B), 201 and 218 - Protection of Children from Sexual Offences Act, 2012 - Section 10 - Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 - Section 14 – Framing of Charges - The petitioner faced charges under sections 218 and 201 IPC, based on evidence and intent to save the prime accused - The petitioner argued there was no evidence of intent to screen the accused and that the inquest report was prepared without wrongful intent - The State ar India Law Library Docid # 2414868
(175) STATE OF GUJARAT AND OTHERS Vs. BAROT TRIKAMBHAI DUNGARBHAI[GUJARAT HIGH COURT] 09-05-2024 Constitution of India, 1950 - Article 226 - Application of the doctrine of delay and laches in public law matters - The court emphasized that the exercise of writ jurisdiction under Article 226 of the Constitution is discretionary and should be exercised judiciously and reasonably - The court held that inordinate delay in approaching the court without a reasonable explanation may lead to the court refusing to grant relief, even in cases involving fundamental rights - The court considered the pri India Law Library Docid # 2414869
(176) SUNILBHAI SHANTILAL PARMAR Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 09-05-2024 Criminal Procedure Code, 1973 (CrPC) – Section 319 - Schedule Cast and Schedule Tribe (Amendment) Act, 2015 - Section 14A(2) - Penal Code, 1860 (IPC) - Section 302, 307, 323, 294b, 506(2), 120B and 34 - Gujarat Police Act, 1951 - Section 135 – The appellant is challenging the trial court's decision to add his name as an accused in a Special Atrocities Case involving his cousin's murder and assault on his uncle - The court argued that the trial court ignored appellant’s alibi and lack of direct a India Law Library Docid # 2414870
(177) IN THE GOODS OF: DR. APARNA CHATTOPADHYAY (DEC.) AND IN THE MATTER OF: RAM EKBAL DUBEY Vs. MAYA CHATTERJEE AND OTHERS[CALCUTTA HIGH COURT] 09-05-2024 Succession Act, 1925 - Section 63 - Execution of unprivileged Wills – Dr. Aparna Chattopadhyay, an unmarried professor, bequeathed her properties to her student, 'R', through a Will dated 10.11.2005 - The court questioned the validity of the Will, the testatrix's testamentary capacity, and whether it was executed under suspicious circumstances or undue influence - 'R' claimed a mother-son relationship with the testatrix and claimed he was the intended beneficiary - 'M', the widow of the testatri India Law Library Docid # 2414871
(178) ACHOIBAM DEBEN SINGH Vs. OFFICER IN CHARGE, CITY POLICE STATION[MANIPUR HIGH COURT] 09-05-2024 Criminal Procedure Code, 1973 (CrPC) - Section 438 - Penal Code, 1860 (IPC) – Sections 307, 332, 147, 149, 188, 353, 325 and 511 - Anticipatory bail –The main issue is whether the accused/petitioner should be granted anticipatory bail considering the nature of the offences and his cooperation with the investigation - The petitioner argued for bail on the grounds of cooperation with the investigation and willingness to comply with any conditions imposed by the court India Law Library Docid # 2414872
(179) SMT. BINA RANI PAUL AND OTHERS Vs. THE STATE OF TRIPURA AND OTHERS[TRIPURA HIGH COURT] 09-05-2024 Payment of Gratuity Act, 1972 - Post-retirement benefits - Former Anganwadi Workers (AWWs) and Helpers (AWHs) sought gratuity and post-retirement benefits after their service was discontinued upon reaching retirement age - The main issue was whether the Payment of Gratuity Act, 1972 applies to AWWs and AWHs in Tripura and if they are entitled to gratuity upon retirement - The petitioners argued for entitlement to gratuity under the Act of 1972, referencing a Supreme Court decision that recognize India Law Library Docid # 2414873
(180) DHARAMVEER SINGH Vs. STATE OF RAJASTHAN AND ANOTHER[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 08-05-2024 Penal Code, 1860 (IPC) - Sections 323, 342, 365 and 504 - Criminal Procedure Code, 1973 (CrPC) - Section 197 – The court ruled that the cognizance of offences under Sections 323 and 504 IPC against a public servant was sustainable in law without prior sanction, a statutory requirement under Section 197 Cr.PC for initiating criminal prosecution - The petitioner's actions, including arresting and detaining the complainant and two others, were done in the discharge of his official duty as Station H India Law Library Docid # 2414730